[JPRT 113-21, Volume III]
[From the U.S. Government Publishing Office]
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_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2011
VOLUME III--SOUTH AND CENTRAL ASIA,
WESTERN HEMISPHERE
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113th Congress } { S. Prt.
2d Session } JOINT COMMITTEE PRINT { 113-21
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2011
VOLUME III--SOUTH AND CENTRAL ASIA, WESTERN HEMISPHERE
__________
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
US SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
US HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
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COMMITTEE ON FOREIGN RELATIONS
ROBERT MENENDEZ, New Jersey, Chairman
BARBARA BOXER, California BOB CORKER, Tennessee
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
JEANNE SHAHEEN, New Hampshire MARCO RUBIO, Florida
CHRISTOPHER A. COONS, Delaware RON JOHNSON, Wisconsin
RICHARD J. DURBIN, Illinois JEFF FLAKE, Arizona
TOM UDALL, New Mexico JOHN McCAIN, Arizona
CHRISTOPHER MURPHY, Connecticut JOHN BARRASSO, Wyoming
TIM KAINE, Virginia RAND PAUL, Kentucky
EDWARD J. MARKEY, Massachusetts
Daniel E. O'Brien, Staff Director
Lester E. Munson III, Republican Staff Director
COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
STEVE CHABOT, Ohio BRAD SHERMAN, California
JOE WILSON, South Carolina GREGORY W. MEEKS, New York
MICHAEL T. McCAUL, Texas ALBIO SIRES, New Jersey
TED POE, Texas GERALD E. CONNOLLY, Virginia
MATT SALMON, Arizona THEODORE E. DEUTCH, Florida
TOM MARINO, Pennsylvania BRIAN HIGGINS, New York
JEFF DUNCAN, South Carolina KAREN BASS, California
ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts
MO BROOKS, Alabama DAVID CICILLINE, Rhode Island
TOM COTTON, Arkansas ALAN GRAYSON, Florida
PAUL COOK, California JUAN VARGAS, California
GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois
RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III,
SCOTT PERRY, Pennsylvania Massachusetts
STEVE STOCKMAN, Texas AMI BERA, California
RON DESANTIS, Florida ALAN S. LOWENTHAL, California
TREY RADEL, Florida GRACE MENG, New York
DOUG COLLINS, Georgia LOIS FRANKEL, Florida
MARK MEADOWS, North Carolina TULSI GABBARD, Hawaii
TED S. YOHO, Florida JOAQUIN CASTRO, Texas
LUKE MESSER, Indiana
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
(ii)
C O N T E N T S
----------
Page
Letter of Transmittal............................................ ix
Preface.......................................................... xi
Overview and Acknowledgments..................................... xiii
Introduction..................................................... xvii
Volume I
Africa
Angola....................................................... 1
Benin........................................................ 18
Botswana..................................................... 28
Burkina Faso................................................. 39
Burundi...................................................... 51
Cameroon..................................................... 66
Cape Verde................................................... 85
Central African Republic..................................... 92
Chad......................................................... 110
Comoros...................................................... 123
Congo, Democratic Republic of the............................ 129
Congo, Republic of the....................................... 151
Cote d'Ivoire................................................ 163
Djibouti..................................................... 181
Equatorial Guinea............................................ 193
Eritrea...................................................... 204
Ethiopia..................................................... 218
Gabon........................................................ 237
Gambia, The.................................................. 246
Ghana........................................................ 259
Guinea....................................................... 273
Guinea-Bissau................................................ 286
Kenya........................................................ 294
Lesotho...................................................... 318
Liberia...................................................... 328
Madagascar................................................... 340
Malawi....................................................... 354
Mali......................................................... 367
Mauritania................................................... 377
Mauritius.................................................... 391
Mozambique................................................... 399
Namibia...................................................... 412
Niger........................................................ 425
Nigeria...................................................... 437
Rwanda....................................................... 466
Sao Tome and Principe........................................ 486
Senegal...................................................... 491
Seychelles................................................... 505
Sierra Leone................................................. 512
Somalia...................................................... 530
South Africa................................................. 550
South Sudan.................................................. 570
Sudan........................................................ 583
Swaziland.................................................... 604
Tanzania..................................................... 620
Togo......................................................... 639
Uganda....................................................... 650
Zambia....................................................... 665
Zimbabwe..................................................... 678
East Asia and the Pacific
Australia.................................................... 705
Brunei Darussalam............................................ 716
Burma........................................................ 724
Cambodia..................................................... 741
China (Including Tibet, Hong Kong, and Macau)................ 756
Tibet...................................................... 794
Hong Kong.................................................. 803
Macau...................................................... 816
Fiji......................................................... 824
Indonesia.................................................... 837
Japan........................................................ 857
Kiribati..................................................... 869
Korea, Democratic People's Republic of....................... 874
Korea, Republic of........................................... 884
Laos......................................................... 895
Malaysia..................................................... 906
Marshall Islands............................................. 934
Micronesia, Federated States of.............................. 940
Mongolia..................................................... 945
Nauru........................................................ 956
New Zealand.................................................. 961
Palau........................................................ 968
Papua New Guinea............................................. 973
Philippines.................................................. 982
Samoa........................................................ 1001
Singapore.................................................... 1008
Solomon Islands.............................................. 1022
Taiwan....................................................... 1029
Thailand..................................................... 1038
Timor-Leste.................................................. 1064
Tonga........................................................ 1072
Tuvalu....................................................... 1077
Vanuatu...................................................... 1082
Vietnam...................................................... 1089
Volume II
Europe and Eurasia
Albania...................................................... 1113
Andorra...................................................... 1123
Armenia...................................................... 1127
Austria...................................................... 1143
Azerbaijan................................................... 1151
Belarus...................................................... 1169
Belgium...................................................... 1196
Bosnia and Herzegovina....................................... 1203
Bulgaria..................................................... 1219
Croatia...................................................... 1231
Cyprus....................................................... 1247
Area Administered by Turkish Cypriots (Turkish Republic of
Northern Cyprus)........................................... 1261
Czech Republic............................................... 1270
Denmark...................................................... 1281
Estonia...................................................... 1288
Finland...................................................... 1296
France....................................................... 1305
Georgia...................................................... 1319
Germany...................................................... 1345
Greece....................................................... 1357
Hungary...................................................... 1371
Iceland...................................................... 1391
Ireland...................................................... 1399
Italy........................................................ 1406
Kosovo....................................................... 1417
Latvia....................................................... 1432
Liechtenstein................................................ 1442
Lithuania.................................................... 1448
Luxembourg................................................... 1457
Macedonia.................................................... 1462
Malta........................................................ 1478
Moldova...................................................... 1486
Monaco....................................................... 1505
Montenegro................................................... 1509
Netherlands.................................................. 1531
Norway....................................................... 1541
Poland....................................................... 1550
Portugal..................................................... 1563
Romania...................................................... 1569
Russia....................................................... 1585
San Marino................................................... 1614
Serbia....................................................... 1618
Slovakia..................................................... 1630
Slovenia..................................................... 1644
Spain........................................................ 1655
Sweden....................................................... 1665
Switzerland.................................................. 1673
Turkey....................................................... 1682
Ukraine...................................................... 1704
United Kingdom............................................... 1724
Near East and North Africa
Algeria...................................................... 1735
Bahrain...................................................... 1749
Egypt........................................................ 1767
Iran......................................................... 1784
Iraq......................................................... 1823
Israel and the Occupied Territories.......................... 1845
The Occupied Territories................................... 1858
Jordan....................................................... 1884
Kuwait....................................................... 1898
Lebanon...................................................... 1909
Libya........................................................ 1924
Morocco...................................................... 1940
Oman......................................................... 1956
Qatar........................................................ 1965
Saudi Arabia................................................. 1975
Syria........................................................ 1992
Tunisia...................................................... 2008
United Arab Emirates......................................... 2018
Western Sahara............................................... 2031
Yemen........................................................ 2037
Volume III
South and Central Asia
Afghanistan.................................................. 2057
Bangladesh................................................... 2079
Bhutan....................................................... 2100
India........................................................ 2107
Kazakhstan................................................... 2139
Kyrgyz Republic.............................................. 2157
Maldives..................................................... 2176
Nepal........................................................ 2188
Pakistan..................................................... 2204
Sri Lanka.................................................... 2233
Tajikistan................................................... 2254
Turkmenistan................................................. 2265
Uzbekistan................................................... 2277
Western Hemisphere
Antigua and Barbuda.......................................... 2295
Argentina.................................................... 2301
Bahamas, The................................................. 2314
Barbados..................................................... 2323
Belize....................................................... 2330
Bolivia...................................................... 2338
Brazil....................................................... 2349
Canada....................................................... 2364
Chile........................................................ 2373
Colombia..................................................... 2384
Costa Rica................................................... 2411
Cuba......................................................... 2421
Dominica..................................................... 2434
Dominican Republic........................................... 2440
Ecuador...................................................... 2458
El Salvador.................................................. 2473
Western Hemisphere--Continued
Grenada...................................................... 2487
Guatemala.................................................... 2492
Guyana....................................................... 2507
Haiti........................................................ 2516
Honduras..................................................... 2534
Jamaica...................................................... 2546
Mexico....................................................... 2559
Nicaragua.................................................... 2576
Panama....................................................... 2592
Paraguay..................................................... 2605
Peru......................................................... 2615
Saint Kitts and Nevis........................................ 2631
Saint Lucia.................................................. 2636
Saint Vincent and the Grenadines............................. 2642
Suriname..................................................... 2648
Trinidad and Tobago.......................................... 2656
Uruguay...................................................... 2665
Venezuela.................................................... 2672
Appendixes
Appendix A: Notes on preparation of Report................... 2697
Appendix B: Reporting on Worker Rights....................... 2705
Appendix C: Selected International Human Rights Conventions.. 2707
Appendix D: Description of International Human Rights
Conventions in Appendix C.................................. 2715
Appendix E: FY 2010 Foreign Assistance Actuals............... 2717
Appendix F: United Nations General Assembly's Third Committee
Country Resolution Votes 2010.............................. 2737
Appendix G: United Nations Universal Declaration of Human
Rights..................................................... 2743
LETTER OF TRANSMITTAL
----------
Department of State,
Washington, DC, April 8, 2012.
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 2011, prepared in compliance with sections
116(d)(1) and 502B(b) of the Foreign Assistance Act of 1961, as
amended, and section 505(c) of the Trade Act of 1974, as
amended.
We hope this report is helpful. Please let us know if we
can provide any further information.
Sincerely,
Michael H. Posner,
Assistant Secretary, Bureau of Democracy,
Human Rights, and Labor.
Enclosure.
(ix)
SECRETARY'S PREFACE
----------
The world changed immeasurably over the course of 2011.
Across the Middle East, North Africa, and far beyond, citizens
stood up to demand respect for human dignity, more promising
economic opportunities, greater political liberties, and a say
in their own future. Often they faced tremendous odds and
endured violent responses from their governments. The resulting
upheavals are still unfolding today in places like Syria, where
the regime has brutalized its own people. In Burma, after years
of repression, the government has taken preliminary steps to
allow reforms to begin. This year's Country Reports on Human
Rights Practices chronicle these dramatic changes and the
stories of the people defending human rights in almost 200
countries around the world.
Congress mandated these country reports more than three
decades ago to help guide lawmakers' decisions on foreign
military and economic aid, but they have evolved into something
more. Today, governments, intergovernmental organizations,
scholars, journalists, activists, and others around the world
rely on these reports as an essential update on human rights
conditions around the world--where we have seen progress, where
progress has come too slowly or at great cost, and all too
often, where it has been rolled back.
Our reports are founded on the simple truth at the heart of
the Universal Declaration of Human Rights--that all people are
born free and equal in dignity and rights. Respect for human
rights is not a western construct or a uniquely American ideal;
it is the foundation for peace and stability everywhere.
Universal human rights include the right of citizens to
assemble peacefully and to seek to reform or change their
governments, a central theme around the world in 2011. As
President Obama has said, ``History offers a clear verdict:
Governments that respect the will of their own people, that
govern by consent and not coercion, are more prosperous, they
are more stable, and more successful than governments that do
not.''
In my travels around the world as Secretary of State, I
have met many individuals who put their lives on the line to
advance the cause of human rights and justice. In ways small
and large, they hold their governments accountable for
upholding universal human rights. Their courage and commitment
to peaceful reform are an inspiration. This report recognizes
their bravery and should serve as a reminder: The United States
stands with all those who seek to advance human dignity, and we
will continue to shine the light of international attention on
their efforts.
These reports are part of our broad commitment to promote
human rights. Every day, officials from the State Department,
the U.S. Agency for International Development, and many other
government agencies devote themselves to advancing human rights
as a priority of U.S. foreign policy. They champion our values
in every country of the world and stand up for the inherent
rights and freedoms of all people. I am honored to work
alongside them, and I thank them for their contributions to
this report.
On behalf of all of them, and everyone around the world
working to protect human rights, I hereby transmit the
Department of State's Country Reports on Human Rights Practices
for 2011 to the United States Congress.
Hillary Rodham Clinton
Secretary of State
OVERVIEW AND ACKNOWLEDGMENTS
----------
WHY THE REPORTS ARE PREPARED
This report is submitted to the Congress by the Department
of State in compliance with Sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (FAA), as amended. The law
provides that the Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate by February 25 ``a full and
complete report regarding the status of internationally
recognized human rights, within the meaning of subsection (A)
in countries that receive assistance under this part, and (B)
in all other foreign countries which are members of the United
Nations and which are not otherwise the subject of a human
rights report under this Act.'' We have also included reports
on several countries that do not fall into the categories
established by these statutes and thus are not covered by the
congressional requirement.
In the early 1970s the United States formalized its
responsibility to speak out on behalf of international human
rights standards. In 1976 Congress enacted legislation creating
a Coordinator of Human Rights in the Department of State, a
position later upgraded to Assistant Secretary. Legislation
also requires that U.S. foreign and trade policy take into
account countries' human rights and worker rights performance
and that country reports be submitted to the Congress on an
annual basis.
How the Reports Are Prepared
The Department of State prepared this report using
information from U.S. embassies and consulates abroad, foreign
government officials, nongovernmental and international
organizations, and published reports. U.S. diplomatic missions
abroad prepared the initial drafts of the individual country
reports, using 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.
Once the initial drafts of the individual country reports
were completed, the Bureau of Democracy, Human Rights and Labor
(DRL), in cooperation with other Department of State offices,
worked to corroborate, analyze, and edit the reports, drawing
on their own sources of information. These sources included
reports provided by U.S. and other human rights groups, foreign
government officials, representatives from the United Nations
and other international and regional organizations and
institutions, experts from academia, and the media. Bureau
officers also consulted experts on worker rights, refugee
issues, military and police topics, women's issues, and legal
matters, among many others. The guiding principle was that all
information be reported objectively, thoroughly, and fairly.
As has proven the case in the past, we anticipate that the
reports will be used as a resource for shaping policy;
conducting diplomacy; and making assistance, training, and
other resource allocations. They will serve also as a basis for
the U.S. government's cooperation with private groups to
promote the observance of internationally recognized human
rights.
The Country Reports on Human Rights Practices cover
internationally recognized civil, political, and worker rights,
as set forth in the Universal Declaration of Human Rights.
These rights include freedom from torture or other cruel,
inhuman, or degrading treatment or punishment; from prolonged
detention without charges; from disappearance or clandestine
detention; and from other flagrant violations of the right to
life, liberty, and the security of the person.
Universal human rights seek to incorporate respect for
human dignity into the processes of government and law. All
individuals have the right to nationality; the inalienable
right to change their government by peaceful means; and the
right 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 gender. 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.
As was begun with the 2010 reports, DRL has continued to
use hyperlinks to other key human rights documents produced by
the Department of State. Specifically, readers are asked to
follow hyperlinks for complete information on religious freedom
issues by consulting the International Religious Freedom Report
and the Trafficking in Persons Report. Additionally, the
Department of Labor's Findings on the Worst Forms of Child
Labor report is linked, as well as the several current
publications produced by the Department's Consular Affairs
Bureau on international child abductions, if applicable to the
country in question.
Within DRL, the editorial staff of the Country Reports Team
consists of the following: Editor in Chief Stephen Eisenbraun;
Office Directors Eric Falls, Randy Fleitman, Francisco
Gonzalez, Jeffrey Hawkins, John Kincannon, Mark Mittelhauser,
Susan O'Sullivan, and Brian Walch; Senior Editors Jonathan
Bemis, Sarah Buckley-Moore, Douglas B. Dearborn, Daniel Dolan,
Jerome L. Hoganson, Victor Huser, Patricia Meeks Schnell, Marc
J. Susser, and Julie Turner; Editors Naim Ahmed, Mitch Alva,
Pauline W. Anderson, Cory Andrews, Mary Angelini, Bob Bailey,
Chase Ballinger, Harold Bonacquist, Sarah Brooks, Laura Carey,
Elise Carlson-Rainer, Cornelius Cremin, Frank Crump, Sarah
D'Ambrisi, Randall Doyle, Mort Dworken, Rob Ehrmann, Ryan
Fiorsi, Karen Gilbride, Joan Garner, Carrie George, Jeffrey
Glassman, Jamie Gusack, Maxwell Harrington, Patrick Harvey,
Lauren Hayes, Caitlin Helfrich, Matthew Hickey, Brandon Hines,
Alexandra Hoey, Stan Ifshin, Simone Joseph, Mancharee Junk,
Gina Kassem, Yelda Kazimi, Katharine Kendrick, Orly Keiner,
Stephen Kopanos, Sheri Labenski, Kevin Martin, Stacey May, Cari
McCachren, Amelia Mitchell, David Moo, Sarah Morgan, Amal
Moussaoui Haynes, Sandra Murphy, Daniel L. Nadel, Aislyn
Namanga, Oyinkansola Oshodi, Doug Padgett, Blake Peterson,
Brianna Powers, Jessica Rodgers, Peter Sawchyn, Lisa Sherman,
Wendy Silverman, Magda Socha, Rachel Spring, Jason Starr,
Leslie Taylor, James C. Todd, Nadia Tongour, David Wagner,
Micah Watson, Andrew White, Helen Wong and Mareham Youssef;
Associate Editor Regina Waugh; Technical Assistant Corey
Martin.
INTRODUCTION
----------
On January 14, Tunisian president Zine el-Abedine Ben Ali
boarded a plane in Tunis with his family and departed for Saudi
Arabia. Twenty-seven days later, Egyptian President Hosni
Mubarak resigned. After eight months of brutal attacks on
Libyans seeking peaceful change, Moammar Qadhafi was
overthrown. For the first time in history, the Yemeni President
transferred power through the ballot box. Forces loyal to
Syrian President Bashar al-Asad have committed heinous and
widespread human rights abuses against their own people since
March 2011, and yet the protesters have not been cowed.
These still unfolding citizen uprisings in the Middle East
and North Africa have sent aftershocks rumbling around the
world. Millions of citizens in many other countries have also
expressed their dissatisfaction with governments that fail to
deliver results to their people. Whether in grand movements or
small acts, people in countries around the world are standing
up and demanding their universal rights, dignity, greater
economic opportunity, and participation in their countries'
political future.
The yearning for change we have witnessed in Tunisia,
Egypt, Libya, Yemen, and Syria is inspirational, and yet change
often creates instability before it leads to greater respect
for democracy and human rights. After decades of repression,
during which open political participation was not allowed, it
will take time to create diverse political parties, a robust
civil society, a climate conducive to freedom of expression,
and a transparent political culture. Transitions are times of
uncertainty. They can be chaotic, unstable, and at times
violent. And even when they succeed, they are rarely linear,
quick, or easy. The challenge during these transitions is to
keep societies open to political debate. Protecting human
rights and fundamental freedoms ensures that negotiations over
a country's future can take place without fear or intimidation,
and that anti-democratic forces do not snuff out genuine
political participation. As Secretary Clinton said, ``All
political parties, religious and secular alike, have to abide
by basic ground rules: reject violence; uphold the rule of law;
respect the freedoms of speech, religion, association, and
assembly; protect the rights of women and minorities; give up
power if you are defeated at the polls; and especially in a
region with deep divisions within and between religions, avoid
inciting sectarian conflicts that pull societies apart.'' If
these fundamental rules are violated, she warned, ``The victors
of revolutions can become their victims.''
In the turmoil of 2011, thousands of citizens were killed
across Tunisia, Egypt, Libya, Bahrain, Yemen, and Syria. Many
others were abused by security forces that used excessive
force. But the images of demonstrators who had seemingly lost
all fear, risking their lives to oppose governments they deemed
illegitimate, inspired people around the world. Even in the
most isolated places, the desire for greater freedom and
political and economic opportunity began to flicker.
The year 2011 brought remarkable changes in Burma, long
isolated because of the government's poor treatment of its own
people. In dramatic fashion, the Burmese government took a
number of bold steps to begin the long and difficult process of
political reform and reconciliation with those who have
struggled peacefully for freedom for decades. In last year's
report, we wrote about the dire situation of hundreds of
political prisoners who remained in jail in Burma, some of whom
had been imprisoned for decades for taking part in protests or
simply for reading ``subversive'' poetry. In October 2011, the
government released more than 200 of these prisoners. As next
year's country report will cover, in January 2012 the Burmese
government released 300 more, including some who had been
detained for many years, and allowed the National League for
Democracy to register and field candidates for parliamentary
elections, including party leader Aung Sun Syu Kyi.
Burma offers an example of a government moving towards a
model of greater openness, democracy, and liberty, attributes
that can lead to greater innovation, prosperity, and inclusion.
Much remains to be done to implement reforms and especially to
address the legacy of decades of violence against ethnic
minorities. But the size of the task ahead does not diminish
the excitement of these first steps, or the sense of
possibility they may inspire in other closed societies, such as
Iran, North Korea, Uzbekistan, Eritrea, or Sudan.
Several other countries also took important steps in 2011
toward improving their human rights records, although more work
remains to be done. In Colombia, the government worked to
address the climate of impunity with respect to harassment,
intimidation, and killings of human rights workers,
journalists, teachers, and trade unionists. Extrajudicial
killings declined in large measure due to efforts by the
government to stop such crimes. In Zambia, presidential,
parliamentary, and local elections held in September were free,
credible, and orderly. The incumbent president relinquished
power and accepted the will of the Zambian people. In Tunisia,
citizens held transparent and credible elections for a
Constituent Assembly, which in turn elected a former political
prisoner as the country's interim president. The country is now
rewriting its constitution.
Along with such hopeful developments, this report documents
a range of negative developments in 2011. A number of countries
became less free as a result of flawed elections; the
imposition by powerful leaders of less democratic
constitutional provisions; restrictions on the universal rights
to freedom of expression, assembly, or association, including
on the Internet; moves to censor or intimidate the media; or
attempts to control or curtail the activities of
nongovernmental groups. In Nicaragua, extensive irregularities
in the electoral process marked a setback to democracy and
undermined the ability of Nicaraguans to hold their government
accountable.
Other disturbing trends in 2011 include continued
persecution of religious minorities, including, but not limited
to, Ahmadis, Bahais, Tibetan Buddhists, Christians, Jews, and
others. In many countries there was an uptick in discrimination
against members of racial and ethnic minorities; people with
disabilities; and lesbian, gay, bisexual, or transgender (LGBT)
people, all of whom were frequent targets of abuse,
discrimination, and violence. In some countries medical
personnel were harassed, intimidated, and arrested. Both
governments and opposition forces tried to prevent humanitarian
assistance from reaching civilians in dire circumstances.
Egypt and Kyrgyzstan held historic elections that were
deemed to be generally free and fair. Yet the elections in
these countries, as well as the standoff following the 2010
presidential election in Cote d'Ivoire, provided a poignant
reminder that elections are a critical but insufficient element
in genuine transitions to democracy and the rule of law.
Committed citizens in each of these countries continued to work
toward building the habits and institutions of democratic
governance, including a political culture in which electoral
losers understand they must cede power, and elected
representatives wield power fairly.
Overall human rights conditions remained extremely poor in
many of the countries that were spotlighted in our 2010 country
reports, including, but not limited to, Iran, North Korea,
Turkmenistan, Uzbekistan, Syria, Belarus, and China.
Several broader trends were prominent in 2011. New
connective technologies spread news of citizen activism, and
political change, around the world. People continued to find
innovative ways to use technology to break down the walls of
fear and isolation that undemocratic governments erected to try
to keep their populations quiescent. They used these
technologies to speak out against societal discrimination,
corruption, and restrictions on civil and political liberties
that are keeping them from enjoying equal rights, dignity, or
respect. Yet repressive regimes also used those same
technologies to spy on their own citizens for the purposes of
silencing dissent.
As we consider the implications of connective technologies
on human rights and democracy, we realize that technology
itself does not usher in progress on human rights. People do.
Technology can help people exercise their universal human
rights, connect with others across borders, and transcend time
zones and even language barriers. But technology is a platform,
not a substitute for political organizing, advocacy, or
persuasion. The Internet does not bring people into the street.
Grievances do. The Internet did not spark the Arab Spring.
Injustice did.
Because the story of how people express themselves,
associate with one another, and share ideas and opinions is
increasingly unfolding online, protecting and promoting
Internet freedom is a core priority of the United States. We
report on its status in the pages that follow.
We also report on the status of media freedom, which
remained poor in many countries and declined in others. The
year 2011 brought an increase in the number of journalists and
bloggers silenced to death or jail as they attempted to bring
news to the public. These reports also chronicle the many ways
in which some governments attempted to censor the media through
regulations or laws that are contrary to the universal right to
freedom of expression and opinion, and through harassment,
intimidation, or violence. In Ecuador and Venezuela, government
actions against independent media outlets had a chilling effect
on media freedom.
This year's reports highlight the treatment of marginalized
people, including LGBT people and people with disabilities. Too
many countries still criminalize consensual same-sex sexual
activity, and LGBT people face discrimination and violence in
many more countries. We continue to focus on other vulnerable
populations, including women and children. Domestic and
societal violence and discrimination against women continue to
be serious problems in many countries. Women and children are
often the first to suffer during conflicts.
In addition, we continue to monitor challenges to civil
society organizations promoting respect for human rights and
democratic transitions in their own countries. In last year's
Human Rights Reports, we noted a surge in efforts by repressive
governments to control and stifle independent non-governmental
organizations (NGOs). Over the last several years, more than 90
governments have sought to pass laws that hampered the ability
of NGOs to register, operate freely, or receive foreign
funding. In a number of countries, including Egypt, Ethiopia,
Malaysia, Algeria, Cambodia, and Russia, governments have
imposed or threatened greater restrictions on foreign funding
of these organizations, taken other measures that severely
hamper their operations, or sought to intimidate them or shut
them down completely. In many other places, the work of these
organizations is misunderstood, or actively misrepresented by
insecure governments that fear independent scrutiny of their
actions. These trends intensified in 2011, when we saw a sharp
escalation of official restrictions on the work of human rights
and democracy advocates.
As President Obama has said, societies change from within.
Civil society organizations lead that change by engaging
citizens in conversations about how people want to be governed.
These organizations spotlight human rights abuses, fight
discrimination, and monitor whether authorities are upholding
the rule of law. They speak out against the exclusion,
persecution, or hatred of vulnerable minorities, and document
where their societies fall short. By holding up a mirror to
society, they ask their governments and their citizens to do
better and to be better. In all of these ways, civil society
groups are the lifeblood of free and open societies, and they
are most vital in countries where democratic traditions and
institutions are just beginning to take root.
The events of 2011, as documented in these pages, remind us
once again that human rights and global security are
inextricably linked. From Tunis to Tehran, from Cairo to
California, from Moscow to Rangoon, citizens were ever more
interconnected and so were the interrelationships between their
freedoms, economic opportunity, and the security and prosperity
of their societies.
Around the world, we see that where human rights are
consistently abused or threatened, by authorities or by
criminal, sectarian, or other undemocratic groups that enjoy
impunity, the result is frequently political strife, economic
contraction, and destabilization that too often spills across
borders. In contrast, where human rights are respected, the
rule of law is enforced, and government actions are
transparent, societies are more stable and secure. People who
feel empowered to engage in the political process and who see
their rights respected are less likely to join extremist groups
that threaten domestic tranquility and international stability.
They gradually develop a greater trust of their government
and feel a greater stake in the success of the system. In this
way, respect for human rights builds political stability and
lays the foundations for democratization, economic growth,
shared prosperity, and enhanced global security.
This critical connection between human rights and national
security plays out repeatedly in the pages that follow. It will
continue to play out in the transitions to democracy occurring
in the Arab world and beyond. The people who took to the
streets to demonstrate in Tunis, Cairo, Tripoli, and Sanaa have
proven that change can come without turning to extremism. In
2011 we saw too many governments crack down in the name of
restoring order when their citizens demanded universal human
rights and a voice in how they were governed. These acts of
repression triggered more confrontation, more chaos, and
ultimately greater instability. The events of the year showed
that the real choice is not between stability and security; it
is between reform and unrest.
I want to add a word about the production of these reports.
Each year, they are prepared by human rights officers at U.S.
embassies and other posts around the world, working with their
counterparts in Washington, D.C. Each country team collects,
analyzes, and synthesizes information from a variety of
sources, including domestic and international human rights
organizations, other governments, multilateral organizations,
and members of civil society. Once the reports are drafted,
they are rigorously edited, reviewed, and fact-checked to
ensure accuracy and objectivity.
This year, we made the human rights reports easier to read
online. Readers can jump directly to topics of interest with a
new table of contents, share reports on social media, and
research topics across countries with the Build a Report tool.
Our goal is to allow readers to gather information quickly
across regions on the issues that most interest them.
We have also attempted to make the reports more accessible
to a broader spectrum of readers. Over the past 35 years, the
length of the human rights reports had expanded, even as
Congress mandated separate annual reports on the status of
international religious freedom and human trafficking. This
year, we have developed a streamlined format for each country
report. As a result, we do not attempt to catalog every
incidence, however egregious, of a particular type of human
rights abuse in a country. Rather, we spotlight examples that
typify and illuminate the types of problems frequently reported
in 2011 in that country. The mention of fewer cases in a
particular report should not be interpreted as a lessening of
concern for the overall human rights situation in any
particular country. Rather, our goal is to shed light on the
nature, scope, and severity of the reported human rights
abuses. For the first time, we have also added an executive
summary at the top of each report. We hope readers will find
these changes useful.
2011 Country Highlights
AFRICA
Internal conflicts in the East, particularly in the North
and South Kivu and Orientale provinces, continued to plague the
Democratic Republic of Congo. Human rights abuses were
committed by all parties to the conflict. Reported human rights
abuses included killings, disappearances, and torture. Rebel
and militia groups and some army units engaged in the illegal
exploitation and trade of natural resources in the east.
Foreign rebel and militia groups and some local militias formed
coalitions, battled government forces, and attacked civilian
populations. State security forces arrested, illegally
detained, raped, tortured, or summarily executed civilians and
looted villages during military actions against rebels.
Fighting in the East impeded humanitarian aid in some areas,
exacerbating an already severe humanitarian crisis that affects
some 1.7 million displaced persons. Impunity remained a
significant problem. The deeply flawed election in November was
accompanied by disappearances and restrictions on freedoms of
assembly, expression and movement.
Widespread human rights violations continued in Eritrea,
where the government is under the control of authoritarian
President Isaias Afwerki. The government forced men and women
to participate in the national service program from which there
were no clear criteria for demobilization, and persons worked
indefinitely in any location or capacity chosen by the
government. Security forces tortured and beat army deserters,
draft evaders, persons attempting to flee the country, and
members of certain religious groups. Harsh prison and detention
center conditions, which included unventilated and underground
cells with extreme temperatures, led to multiple deaths. The
government controlled all media. It reportedly continued to
detain more than 30 journalists, providing no information about
their places of detention.
In Ethiopia, the government continued to repress civil
society, including the media. The government arrested more than
100 opposition figures, activists, journalists, and bloggers,
charging several of those arrested with terrorist or seditious
activity. However, observers found the evidence presented at
trials to be either open to interpretation or indicative of
acts of a political nature rather than linked to terrorism. The
Charities and Societies Proclamation (CSO law) continued to
impose severe restrictions on civil society and NGO activities.
As a result of the law, civil society activities have been
severely curtailed. The government also restricted access to
the Internet and blocked the websites of news organizations,
opposition sites, and blogs.
In Nigeria, a campaign of attacks by the radical Islamist
sect known as Boko Haram intensified during the year and
violence spread to more areas of the country. The group
committed bombings and drive-by shootings, assassinated
religious leaders, security personnel and politicians, attacked
police stations and banks, and conducted suicide bombings. In
Maiduguri, Borno State, shootings and bombings were a weekly
and sometimes daily occurrence, with violence also occurring in
neighboring states. In August, Boko Haram targeted an
international organization for the first time, bombing the U.N.
House headquarters in Abuja and killing 24 persons. The
government deployed the Joint Task Force, which committed
extrajudicial killings during attempts to apprehend Boko Haram
members. The April 2011 general elections were Nigeria's most
successful since its return to multiparty democracy in 1999.
However, postelection violence erupted in the north and in the
Middle Belt States, resulting in loss of lives, property
damage, and restrictions of movement.
The Government of Sudan continued to conduct aerial
bombardment of civilian areas. In Darfur, fighting involved
government forces, government-aligned militias, rebel groups,
and ethnic groups. These groups killed, injured, and raped
civilians, and used child soldiers. During the year violence
broke-out in the disputed border area of Abyei, as well as in
the Sudanese states of Southern Kordofan and Blue Nile. The
violence in these areas resulted in widespread civilian
displacement and human rights abuses. Human rights abuses in
Sudan went unpunished and impunity remained a serious problem.
Parties to the conflicts obstructed the work of humanitarian
organizations and the United Nations. In addition, the
government also continued to crack down on journalists and
restrict freedoms of speech, assembly, association, religion,
and movement, and security forces continued to kill, torture,
beat, and harass suspected political opponents and others.
In Zimbabwe, the chronically bad human rights situation did
not improve. Despite a fledgling Government of National Unity,
the government remains mostly under the control of President
Mugabe's political party, Zimbabwe African National Union-
Patriotic Front (ZANU-PF), which retains authority over the
military, police and intelligence services. These security
services continued to arrest, abuse, and torture non-ZANU-PF
party members and civil society activists with impunity. The
government infringed on citizens' freedoms of speech, assembly,
association, and movement. Executive influence and interference
in the judiciary remained a serious problem, and NGOs reported
that magistrates were promised farms and homes for providing
rulings favorable to ZANU-PF. In rural areas ZANU-PF
sympathizers used threats and intimidation against local
magistrates to gain favorable rulings.
EAST ASIA AND PACIFIC
Burma took important steps to improve human rights
conditions in 2011, including the release of hundreds of
political prisoners and the adoption of a labor law that, when
implemented, can provide workers the right to organize and
strike. In November, following the adoption of a revised
political party registration law, Aung San Suu Kyi's National
League for Democracy and other opposition parties were allowed
to re-register as legal political parties. However, significant
human rights problems persisted, including military harassment
and abuse of activists promoting human rights and democracy,
and denial of the rights to freedom of expression, association,
assembly, religion, and movement. The government detained
activists indefinitely and without charges and regime-sponsored
mass-member organizations harassed and abused them. Authorities
arrested, detained, convicted, and imprisoned citizens for
expressing political opinions critical of the government. The
government took initial steps in 2011 toward lifting some of
the longtime restrictions on the media. If implemented, these
measures would lay the groundwork for meaningful freedom of
expression in the country.
In China, the human rights situation deteriorated,
particularly the freedoms of expression, assembly, and
association. The government exercised tight control over
Internet access and content. Members of civil society,
including human rights activists, journalists, writers, and
dissidents, were harassed and detained. Public interest lawyers
who took cases deemed sensitive by the government faced
disbarment and the closure of their firms, and in some cases
were subject to arrest and detention. Activists, dissidents,
and members of religious minorities were denied the freedoms to
assemble, practice their religions, or travel. The government
stepped up efforts to silence political activists and resorted
to extralegal measures, including enforced disappearance,
``soft detention,'' and strict house arrest, including house
arrest of family members, to prevent the public voicing of
independent opinions. Abuses peaked around high-profile events,
such as visits of foreign officials, sensitive anniversaries,
and in response to calls for ``Jasmine revolution,'' protests.
In Tibet, at least 12 monks and nuns immolated themselves to
protest political restrictions and lack of religious freedom.
Vietnam's May elections were neither free nor fair, since
all candidates were required to pass vetting by the
authorities. The government severely restricted political
rights, including the freedoms of expression, assembly,
movement, and association. It also restricted access to
Internet content, and monitored bloggers. There were confirmed
reports of attacks against websites critical of the Vietnamese
government. Peaceful political activists were arbitrarily
arrested, detained, and sentenced to prison; those alleged to
have ties to foreign-based pro-democracy groups were particular
targets. And 19 people reportedly died in police custody,
including a man beaten while in detention for a traffic
violation. At year's end, the government reportedly held more
than 100 political detainees, although some international
observers claimed there were more. Independent nongovernmental
organizations were not permitted, and corruption was a problem
in the judiciary as well as at various levels in the police.
Prosecution of officials who committed abuses was inconsistent.
EUROPE
Conditions in Belarus remained poor following the flawed
presidential election of December 2010. Security forces beat
protestors and detainees, and there were credible reports of
torture. Trials were conducted behind closed doors or in
absentia with verdicts predetermined. Five of the nine
candidates who opposed incumbent Alyaksandr Lukashenka in the
presidential election were tried and convicted. Individuals
were detained for civic activism. For example, during the June-
September ``silent'' demonstrations organized via Internet,
police detained more than 2,000 people and sentenced many of
them to large fines or up to 15 days of administrative
detention. The government targeted for harassment
representatives of nongovernmental organizations, journalists,
and political activists following the presidential elections
and further restricted freedom of association.
In Russia, domestic and international monitors reported
significant irregularities and fraud in many regions during the
December elections to the State Duma, but also highlighted
unprecedented civic involvement by Russians committed to trying
to improve the process. There were large demonstrations in
major cities protesting the conduct of the elections. While
freedom of expression on the Internet and in some print media
continued, self-censorship and the government's ownership of
and pressure on some print and most broadcast media outlets
limited political discourse. Attacks on and killings of
journalists and activists continued. Individuals who challenged
the government or well-connected business interests sometimes
faced physical attack, harassment, increased scrutiny from
government regulatory agencies, politically-motivated
prosecutions, harsh detention conditions, and other forms of
pressure. In the North Caucasus, the conflict among the
government and insurgents, Islamist militants, and criminal
elements led to numerous human rights abuses by security forces
and insurgents.
In Ukraine, former Prime Minister Yulia Tymoshenko and 12
other senior members of her government were charged with abuse
of power and misuse of state funds during their tenure. Three
have been convicted, including Tymoshenko and former interior
minister Yuriy Lutsenko. Two others remain in custody, and the
former minister of the economy, Bohdan Danylyshyn, fled the
country and was granted political asylum in the Czech Republic.
Many domestic and foreign observers considered the prosecutions
to be politically motivated.
NEAR EAST
In Bahrain, mass protests began in February calling for
political reform and expanded civil rights for members the Shia
majority. The government imposed a state of emergency, or
``State of National Safety,'' from March 15 to June 1, during
which time military and civilian security forces committed a
number of human rights violations, including torture, arbitrary
detentions, limitations on freedoms of speech and association,
and lack of due process. Public employees were dismissed from
their jobs for participating in protests, and individuals were
prosecuted in both state security courts and civilian courts.
In July, the king established the Bahrain Independent
Commission of Inquiry (BICI), which determined that 13 Bahraini
civilians died at the hands of security forces and an
additional five as a result of torture. Individuals who
expressed critical opinions, including through music and social
media, faced arrest, were subjected to extended detention, or
prosecution. In its November 23 report, the BICI described a
``culture of impunity'' created by a lack of accountability of
security officials during the unrest. Over the course of 2011,
some political prisoners were released and some dismissed
employees were reinstated, but other prosecutions of
journalists, activists, and oppositions figures for their
alleged anti-government activities continued. After the release
of the report, the government began to take steps to implement
the recommendations of the BICI, such as allowing access to
prisons by the International Committee of the Red Cross,
establishing a process to address worker reinstatements in
collaboration with the trade union and employers, and
restructuring oversight mechanisms in the Ministry of Interior
and Bahrain National Security Agency.
In Egypt, massive street demonstrations culminated in the
February 11 resignation of President Hosni Mubarak and the
transfer of executive authority to the Supreme Council of the
Armed Forces. A March 2011 referendum for a new constitution,
and voting in parliamentary elections conducted from November
2011 through February 2012, were considered the freest in
decades. However, human rights abuses were rampant during the
uprising and continued after Mubarak's resignation. Attacks on
demonstrators by security forces and clashes among
demonstrators killed more than 900 people; female protesters
were subjected to harassment and so-called ``virginity tests,''
and journalists and bloggers were detained for criticizing the
military. Sectarian violence escalated over the course of the
year, with more than 90 people, primarily Coptic Christians,
killed in religious clashes. Few perpetrators of abuses were
held accountable.
The government of Iran continued to deny its citizens human
rights, including the freedoms of expression, assembly,
association, movement, and religion. It sentenced hundreds of
people to death and carried out hundreds of executions without
due process. It cracked down on all forms of dissent, arresting
and detaining activists, opposition leaders, lawyers,
journalists, artists, and academics. It executed juveniles,
tortured political prisoners, and detained more journalists
than nearly any country in the world. It limited the rights of
citizens to peacefully change their government through free and
fair elections, and also placed under house arrest for most of
the year the two leaders of the main opposition movement,
arbitrarily arrested their supporters, closed their websites
and newspapers, and harassed their families. The Iranian
government arrested, tortured, and prosecuted many for dissent,
including demonstrators who rallied in solidarity with
protesters in Tunisia and Egypt. It continued to mistreat
women, LGBT people, and members of ethnic and religious
minorities. Government officials made anti-Semitic statements,
and disproportionately targeted members of minority groups,
including Kurds, Arabs, Azeris, and Baluchis, for arbitrary
arrest, prolonged detention, and physical abuse. The government
also isolated its citizens by imposing severe restrictions on
the Internet.
Iraq's most significant human rights abuses included
reports of unlawful killings and violence, torture, impunity,
disappearances, and widespread corruption. Abuses were
committed by sectarian and ethnic armed groups and government-
affiliated forces. Both terrorist groups, principally Sunni,
such as al-Qaida in Iraq, and militant organizations, largely
Shia, committed attacks against members of other sects or
ethnic groups, security forces, places of worship, religious
pilgrims, economic infrastructure, and government officials.
Through suicide bombings, attacks with improvised explosive
devices, drive-by shootings, and other acts of violence, the
groups aimed to weaken the government and deepen sectarian
divisions.
In Libya, a revolution ended the Qadhafi regime, which
perpetrated systematic human rights abuses throughout its four-
decade rule and was also responsible for the majority of
civilian deaths and abuses during the seven-month conflict in
2011. Abuses were committed by various actors in 2011,
including after the conflict, and often with impunity. These
included disappearances, extrajudicial killings, arbitrary
arrests, abuse and lack of review in detention, and violence
and widespread discrimination against migrants and members of
some ethnic minorities. Following Qadhafi's death on October 20
and the takeover of his last stronghold in Sirte, the
Transitional National Council declared the country's
``liberation'' on October 23 and remained an arm of the interim
government engaged in transition planning. The interim
Government of Libya expressed support for the protection of
human rights for all people in Libya, but due to weak
institutions, limited capacity, and a lack of control over the
security environment, its ability to enforce the rule of law
was limited. Continuing violence, organizational dysfunction,
and corruption led to ongoing human rights abuses, particularly
in the areas outside government control.
In Syria, nonviolent antigovernment demonstrations began in
mid-March and continued throughout 2011. The government of
President al-Asad used indiscriminate and deadly force to quell
peaceful protests throughout the country and launched military
assaults on several of its own cities. Government forces
deprived cities of electricity, water, and medical services,
and restricted entry and exit for approximately 20 days while
using military weaponry on buildings, mosques, and other
civilian targets. Despite the regime's November 2 agreement to
an Arab League plan to engage in reforms and cease killing
civilians, it continued to use deadly force against peaceful
protesters. At the year's end, activists reported ongoing
arrests, torture, intimidation, rape, extra-judicial killings
and the use of military force against civilians. The government
attempted to stop the flow of information about state violence,
including by banning smart phones that had been used to
document state violence against civilians, including children.
Nonetheless, images of protesters allegedly being beaten,
arrested, and killed continued to be smuggled out of the
country and to appear on social media sites such as YouTube and
Facebook. As next year's Human Rights Reports will cover, the
situation deteriorated sharply early this year, with the
government waging massive military operations against cities
and towns, and laying siege to Homs and other cities. As of
March, the United Nations estimated that more than 9,000
civilians had been killed since the beginning of the
demonstrations. Efforts by the International Committee of the
Red Cross to provide humanitarian assistance and medical care
to besieged civilians were frequently thwarted by state forces.
The Arab Spring began in Tunisia in December 2010, when a
young vendor named Mohammed Bouazizi set himself on fire in
front of the headquarters of the provincial government to
protest the confiscation of his goods by the police and the
refusal of local officials to hear his complaint. That action,
and the weeks of protests it sparked, ultimately toppled the
Ben Ali regime. On October 23, a Constituent Assembly, the body
that will draft a new constitution and appoint a new interim
government, was elected. The proceedings were considered free
and fair and marked the first open, inclusive, and truly
democratic election in Tunisia's history. Overall, the January
Revolution created an extraordinary opening for the protection
of human rights in Tunisia. Under Ben Ali's 23-year
dictatorship, human rights were systematically ignored. After
the Revolution, restrictions on freedom of expression,
assembly, and association diminished significantly. Exiled
activists returned, political prisoners were released, and
civil society and human rights activists pursued their work
without disruption or intimidation by the state.
South and Central AsiaAfghanistan experienced continuing
human rights challenges in 2011, including armed insurgent
groups' killings of persons affiliated with the government and
indiscriminate attacks on civilians. Corruption was pervasive.
International organizations documented cases of alleged torture
and abuse of detainees by the National Directorate for Security
and Afghan National Police. Violence and discrimination against
Afghan women and girls remained widespread, and in many cases,
the police did not respond to such abuses. Women active in
public life faced threats and violence and were attacked by the
Taliban and other insurgents. A political dispute continued
during the year over President Karzai's appointment of a
special tribunal, not envisioned in the constitution, to
adjudicate the disputed 2010 election results, until it was
resolved in accordance with Afghan law in August.
In October, Kyrgyzstan experienced its first peaceful
transfer of power in the republic's 20-year history. The
elections, in which Almazbek Atambayev, the sitting prime
minister, became president, were deemed generally transparent
and competitive by independent observers. Ethnic tensions that
had erupted in clashes in the south of Kyrgyzstan in 2010
continued in 2011, as did pervasive discrimination against
ethnic Uzbeks and members of other minority groups. Law
enforcement officers in the south reportedly committed such
violations as arbitrary arrest, mistreatment, torture, and
extortion against all demographic groups, but particularly
against ethnic Uzbeks. The central government's inability to
hold human rights violators accountable allowed security forces
to act arbitrarily, emboldening law enforcement to prey on
vulnerable citizens. Further, the weakness of central authority
empowered mobs to disrupt dozens of trials by attacking
defendants, attorneys, witnesses, and judges.
Pakistan continued to struggle with extrajudicial killings,
torture, and forced disappearances committed by security forces
and by extremist or separatist groups. These affected thousands
of citizens in nearly all areas of the country. Both militant,
terrorist, or extremist groups and security forces committed
human rights abuses. Religious tensions remained high. On
January 4, Punjab Governor Salman Taseer was assassinated by
his bodyguard because of his opposition to the blasphemy law,
which was used to clamp down on freedoms of expression and
religion. On March 2, Federal Minister for Minorities Shabbaz
Bhatti, the only Christian in the Pakistani Cabinet, was shot
to death. Bhatti also was an outspoken critic of the blasphemy
law. The political, sectarian, and ethnic violence that has
long plagued Karachi worsened during the year due in part to a
large influx of Sindhi, Baloch, and Pashtun migrants following
the 2005 earthquake and 2010 floods. Political parties and
their affiliated gangs vied for political and economic control
over these new populations. It was estimated that between 925
and 1,400 persons were killed due to sectarian and political
violence in Karachi between January and August.
In Sri Lanka, disappearances and killings pro-government
paramilitary groups continued, predominantly in Tamil areas.
There were persistent reports of close, ground-level ties
between paramilitary groups and government security forces.
Civil society activists, persons viewed as Liberation Tigers of
Tamil Eelam sympathizers, and journalists were attacked,
intimidated or harassed by persons allegedly tied to the
government. Torture and abuse of detainees and poor prison
conditions remained a problem, and authorities arbitrarily
arrested and detained citizens. A number of suspects died in
detention under questionable circumstances. There was official
impunity for a wide range of such human rights abuses. The
president used his authority under the 18th Amendment, which
passed in September 2010, to take greater control of
appointments to previously independent public institutions that
oversee compliance by the judiciary and the police, and with
Sri Lanka's human rights obligations. A disproportionate number
of victims of human rights abuses were Tamils.
In Uzbekistan, the centralized executive branch dominated
political life and exercised nearly complete control over the
other branches of government. Security forces reportedly
tortured and abused detainees. Criminal suspects were denied
due process and fair trial. Religious freedom was restricted,
and religious minority group members were harassed and
imprisoned. Other continuing human rights problems included:
incommunicado and prolonged detention; harsh and sometimes
life-threatening prison conditions; arbitrary arrest and
detention; restrictions on freedoms of speech, assembly, and
association; governmental restrictions on civil society
activity; restrictions on freedom of movement; restrictions on
the media; violence against women; and government-organized
forced labor in cotton harvesting. Authorities subjected human
rights activists, journalists, and others who criticized the
government to harassment, arbitrary arrest, and politically
motivated prosecution and detention. Government officials
frequently engaged in corrupt practices with impunity.
Western HemisphereIn Cuba, the government continued its
systemic repression of human rights and fundamental freedoms,
including freedoms of speech, assembly, and association, and
imposed severe restrictions on the media. The government
strictly controlled all access to information. Human rights
advocates were detained arbitrarily with increasing frequency;
the number of short-term detentions doubled from 2010 to 2011.
The government continued to organize mobs intended to
intimidate opposition groups, particularly the Damas de Blanco
(``Ladies in White''). These acts of repudiation (``actos de
repudio'') were particularly aggressive in July and August, and
in October the government belied its claim that the mobs were
spontaneous by announcing that it would deploy them to prevent
the Damas de Blanco from marching peacefully. Government
officials and government-organized mobs detained, harassed, and
assaulted dozens of peaceful human rights activists,
journalists, and others to prevent them from marking Human
Rights Day on December 10. Almost 800 detentions were recorded
in December, a 30-year high.
Honduras had an extremely high murder rate, and crime and
human rights abuses continued at very high levels. As in much
of Central America, violence was perpetrated by gangs and drug
trafficking organizations, and was a significant problem. The
Honduran police force had deep-seated and unaddressed
corruption problems, and police officers targeted vulnerable
persons, including LGBT people. Four journalists were murdered.
On December 7, unknown gunmen on a motorcycle shot and killed
former senior government advisor on security Alfredo
Landaverde. In the weeks preceding his death, Landaverde
alleged that the National Police leadership was linked to
organized crime and called for a clean-up. Police, vigilantes,
and former members of the security forces carried out arbitrary
and summary killings. The Honduran government established an
independent internal affairs office and an outside police
reform commission to address corruption in the National Police.
In the Bajo Aguan region, there continued to be reports of
killings of private security guards, agricultural workers, and
security forces related to a land dispute.
In Mexico, the most serious human rights challenges in 2011
emanated from the country's fight against organized crime,
which involved frequent clashes between security forces and
drug cartels, which function as transnational criminal
organizations (TCOs). Both TCOs and the gangs linked to them
battled for control of drug trafficking routes and markets.
TCOs remained the most significant perpetrator of violent
crimes in Mexico. They engaged in human trafficking and used
brutal tactics against citizens, including inhumane treatment,
murder, and widespread intimidation. TCOs had a chilling effect
on the media, executing bloggers who reported on their
activities and threatening journalists who criticized them. In
Nuevo Laredo, Tamaulipas, TCOs killed two bloggers in September
and posted messages on their bodies warning of retaliation
against anyone commenting about their activities on social
media. A third Nuevo Laredo blogger was allegedly beaten and
then killed in November, again in retaliation for posting
comments on the Internet about local drug cartels. In the
context of the fight against TCOs, but also at times unrelated
to it, security forces reportedly engaged in unlawful killings,
forced disappearances, and instances of physical abuse and
torture.
In Venezuela, there was an accelerating concentration of
power in the executive branch. President Chavez used a December
2010 law granting him broad authority to decree laws for a
period of 18 months without consultation or approval by the
elected National Assembly, to decree restrictions to
fundamental economic and property rights. The government also
took actions to impede freedom of expression and criminalize
dissent. It harassed and intimidated privately owned television
stations, other media outlets, and journalists throughout the
year, using threats, fines, property seizures, targeted
regulations, and criminal investigations and prosecutions.
Anti-Semitism colored official media attacks on opponents. The
government used the judiciary to intimidate and prosecute
political, union, business, and civil society leaders who were
critical of government policies or actions.
SOUTH AND CENTRAL ASIA
----------
AFGHANISTAN
executive summary
Afghanistan is an Islamic republic with a strong, directly elected
presidency, a bicameral legislative branch, and a judicial branch.
Widespread fraud and irregularities marred the September 2010
parliamentary elections, with observers concerned that the transparency
of the electoral process would be undermined by President Hamid
Karzai's 2010 appointment of a special tribunal, not envisioned in the
constitution, to adjudicate the disputed election results. In 2009
citizens voted in their second presidential election. The
constitutionally mandated Independent Elections Commission (IEC)
declared Karzai president for a second term, after his challenger
withdrew from a run-off election. Allegations of fraud also marred
those elections. Civilian authorities generally maintained control over
the security forces, although there were instances in which security
forces acted independently.
The most significant human rights problems were: a) the continued
dispute over President Karzai's appointed tribunal, which was not
settled until August, when the president recognized that the sole
authority to adjudicate election results lay with the IEC; b)
widespread violence, including armed insurgent groups' killings of
persons affiliated with the government and indiscriminate attacks on
civilians, and credible reports of torture and abuse of detainees by
security forces; c) pervasive corruption; and d) endemic violence and
societal discrimination against women and girls, despite considerable
improvements in women's health and maternal mortality.
Other human rights problems included extrajudicial killings by
security forces--for example, the Afghan National Police (ANP) in
Kandahar was implicated in several cases of torture and extrajudicial
killings; poor prison conditions; ineffective government investigations
of abuses and torture by local security forces; arbitrary arrest and
detention; prolonged pretrial detention; judicial corruption and
ineffectiveness; violations of privacy rights; restrictions on freedom
of speech and of the press; some limits on freedom of assembly;
restrictions on freedom of religion; limits on freedom of movement;
abuse of children, including sexual abuse; discrimination and abuses
against ethnic minorities; trafficking in persons; societal
discrimination based on race, religion, gender, and sexual orientation;
abuse of worker rights; compulsory and bonded labor; and child labor,
including forced child labor.
Widespread official impunity for those who committed human rights
abuses was a serious problem. The government was either unwilling or
unable to prosecute abuses by officials consistently and effectively.
The Taliban and other insurgents continued to kill record numbers
of civilians, using improvised explosive devices, car bombs, and
suicide attacks. The Taliban increasingly used children as suicide
bombers. Antigovernment elements also threatened, robbed, and attacked
villagers, foreigners, civil servants, and medical and nongovernmental
organization (NGO) workers.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life--There were credible
reports that the government or its agents committed arbitrary or
unlawful killings. Police beatings resulted in at least one death in
custody in Kabul in March, and the United Nations Assistance Mission in
Afghanistan (UNAMA) documented one death from torture in ANP and
National Directorate of Security (NDS) custody in Kandahar in April
(see section 1.c.). Media sources reported that police in Kandahar in
the 3rd Afghan Border Police (ABP) Zone headquartered in Spin Boldak
were involved in extrajudicial killings and torture.
There were numerous reports that the Taliban and other insurgent
groups committed politically motivated killings. UNAMA reported 495
targeted killings of civilians by antigovernment elements (AGEs) during
the year, a slight increase over 2010 (see also section 1.g.).
The Taliban committed a string of high-profile, targeted killings
of regional police commanders, provincial police chiefs, and other
officials. For example, the Taliban claimed responsibility for the June
beheading of the chair of the Provincial Council of Bamyan and for the
suicide bomber who killed Kandahar city Mayor Ghulam Haider Hamidi in
July.
The Taliban and other insurgents also killed numerous civilians.
For example, a February 19 attack on a Jalalabad bank left 40 dead,
both in the attack and through the use of bombs (see section 1.g.).
Taliban and insurgent attacks escalated in both number and complexity
during the year. The Taliban claimed responsibility for a highly
coordinated and prolonged June 28 attack on the Intercontinental Hotel
in Kabul, in which at least seven persons were killed, and for the
August 19 attack on the British Council compound in Kabul where 12 more
people died.
Improvised explosive devices employed by insurgents were the single
largest cause of civilian deaths.
In September a suicide bomber assassinated former President and
chairman of the High Peace Council (HPC) Burhanuddin Rabbani in his
home. The Afghan government accused the Taliban and Pakistan's Inter-
Services Intelligence (ISI) of complicity, though both the Taliban and
the Government of Pakistan denied any involvement. Afghan and Pakistani
authorities continued to investigate at year's end.
There were some reports of summary justice by the Taliban resulting
in extrajudicial executions.
b. Disappearance--There were reports that insurgent groups and
criminals were responsible for disappearances and abductions in
connection with the ongoing insurgency (see section 1.g.). For example,
in August eight security officials who were kidnapped were found dead
in Wardak province.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment--The constitution prohibits such practices; however, there
were widespread reports that government officials, security forces,
detention center authorities, and police committed abuses.
Nongovernmental organizations (NGOs) reported that security forces
continued to use excessive force, including torturing and beating
civilians. For example, in March police severely beat an 18-year-old
who died while in police custody in Kabul's District 11. He had been
charged with stealing cell phones and about 200,000 afghani ($4,400)
from his employer.
In October UNAMA reported systematic torture of detainees at five
NDS and ANP detention centers and found credible instances of torture
and mistreatment at several other facilities, although UNAMA found no
evidence that the torture was either institutionalized or a government
policy. Extensive media reports linked ANP in Kandahar to reports of
torture. One such case involved the arrest of two young boys working at
a restaurant who allegedly brought food to insurgent fighters hiding
outside the city. The ANP forces reportedly handcuffed the two boys,
hung them from the ceiling, and beat them with a black metal baton and
a cable.
The Ministry of Women's Affairs (MOWA) and NGOs reported that
police raped female detainees. There were reports that security
officials and those connected to the ANP raped children with impunity
(see section 6, Children). NGOs reported incidents of sexual abuse and
exploitation of children by the Afghan National Security Forces (ANSF),
although cultural taboos against reporting such crimes made it
difficult to determine the extent of the problem. In May media
officials reported that the ANSF detained and sexually abused three
underage male suicide bombers who had crossed the border from Pakistan
before turning them over to a juvenile detention center.
There were multiple and credible reports of abuses of power by
``arbakai'' (untrained local militia) commanders and their followers.
These included accounts of murder, rape, assault, the forcible levy of
informal taxes, and the transfer of a girl or woman to another family
to settle a debt or grievance (``baadh''), after which the victim often
was raped or beaten. In June a group of arbakai reportedly beat the
headmaster of a girl's school in Kunduz. Observers claimed the violence
stemmed from an inter-village rivalry over access to government funds
and the headmaster's complaint that area farmers were being forced to
pay tribute to a neighboring village's arbakai.
In September Human Rights Watch (HRW) issued a report linking the
Afghan Local Police (ALP) and armed militia to extensive human rights
abuses. For example, in June the ALP allegedly detained two boys
overnight and beat them, and also hammered nails into one boy's feet
while he was in custody. International training and mentoring of ALP
has sought to reduce abuse of authority such as in Helmand, for
instance by revising initial ALP training procedures to promote
practical application of human rights principles.
There were reports of torture and other abuses by the Taliban and
other insurgent groups.
Prison and Detention Center Conditions.--Prison conditions remained
poor. Most prisons and detention centers, particularly Ministry of the
Interior (MOI) detention centers, were decrepit, severely overcrowded,
unsanitary, and fell well short of international standards. The
Afghanistan Independent Human Rights Commission (AIHRC) and other
observers continued to report that inadequate food and water, poor
sanitation facilities, insufficient blankets, and infectious diseases
were common in the country's prisons. However, some observers have
found the food and water to be sufficient throughout the Central Prison
Directorate (CPD). The CPD has a nationwide program to feed prisoners,
but on an extremely limited budget. Many prisoners' families supplement
food and other necessary living items.
There were reports of abuse of persons in detention. In October
UNAMA reported that widespread mistreatment and torture of detainees
occurred in NDS and ANP detention facilities. Security forces used
suspension; beatings, especially with rubber hoses, electric cables, or
wires and wooden sticks, most frequently on the soles of the feet;
electric shock; twisting of detainees' genitals; stress positions;
removal of toenails; and threats of sexual abuse. UNAMA found evidence
of systemic torture at five NDS detention facilities in Herat,
Kandahar, Khost, and Laghman, and the national facility of the NDS
Counter-Terrorism Department 124 (formerly Department 90) in Kabul.
UNAMA documented one death in ANP and NDS custody from torture in
Kandahar in April. NGOs reported cases of prison officials raping
female inmates.
NDS and the MOI cooperated with coalition forces and the
international community to address concerns, improve training, and
review facilities. The government granted the International Security
Assistance Forces access to the facilities named in the UNAMA report
for the purposes of monitoring the treatment of detainees and undertook
to train detention officials in human rights standards. The NDS in
December created a new Human Rights Cell charged with investigating
claims of detainee mistreatment. The NDS also welcomed international
and NGO input on allegations of detainee abuse in order to effectively
investigate such claims. The effectiveness of such NDS efforts could
not be determined by year's end. Government officials in Khost invited
UNAMA to provide human rights training at prison facilities and
welcomed international prison monitoring visits.
There were 34 provincial prisons under MOJ/CPD control and 187
active MOI detention facilities, including 30 juvenile rehabilitation
centers. The total number of active detention facilities reportedly
fluctuated from month to month. Overall, the MOI lacked sufficient
detention facilities. No official information was available on the
number of prisoners the NDS held, or the number of facilities the NDS
operated.
Authorities generally did not have the infrastructure capacity to
separate pretrial and posttrial inmates. As of December the CPD
reported 5,271 male pretrial detainees, 16,244 male prisoners, 121
female pretrial detainees, and 500 female prisoners. In most instances
limited infrastructure hindered housing prisoners by their
classification, but where it was feasible the CPD separated them. Women
were not imprisoned with men. Authorities generally did not have the
infrastructure capacity to house juveniles according to the nature of
the charges against them.
Under the law children younger than seven may live in prison with
their mothers who have been convicted of a crime. However, this
practice was reduced significantly under the direction of the CPD and
in conjunction with the opening of some children's support centers.
The law provides prisoners with the right to leave prison for up to
20 days for visits; however, this right was not respected in most
prisons.
There was an informal grievance procedure within the CPD. The MOJ,
the attorney general, and some governors monitored or assessed prison
conditions, although investigations and monitoring did not fully meet
international standards. The MOI, MOJ, MOD, and NDS permitted the
AIHRC, UNAMA, the International Committee for the Red Cross (ICRC), and
other human rights organizations to visit their detention facilities.
Security constraints and obstruction by some authorities occasionally
prevented visits to some places of detention. The United Nations and
other human rights organizations did not have access to NDS Department
124 for monitoring of prison conditions. There was no formal prisoner
complaint system in place. Although varying by prison, commanders
designated certain inmates to report back to them on security and
internal situations.
In government detention facilities, observers reported that
prisoners were permitted religious observance.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention; however, both remained serious problems. Many
citizens were detained without enjoying essential procedural
protections.
According to NGOs, authorities continued to arbitrarily detain
citizens without clear legal authority and due process. Local law
enforcement officials reportedly illegally detained persons on charges
not provided for in the penal code and used their official status to
resolve petty disputes.
Role of the Police and Security Apparatus.--Three ministries have
responsibility both in law and in practice for providing security in
the country. The ANP, under the MOI, has primary responsibility for
internal order but increasingly was engaged in fighting the insurgency.
The Afghan National Army (ANA), under the Ministry of Defense, is
responsible for external security. The NDS has responsibility for
investigating cases of national security and also functions as an
intelligence agency. The investigative branch of the NDS has a facility
in Kabul where it holds prisoners on a pretrial basis until their cases
are handed over to prosecutors. In some areas insurgents maintained
considerable power as a result of the government's failure to assert
control.
Official impunity and lack of accountability were pervasive, as
were abuses of power by unofficial, traditional militias. Unofficial
militias reportedly beat, robbed, and killed rural dwellers with
impunity. Observers believed that ALP and ANP personnel were largely
unaware of their responsibilities and defendants' rights under the law.
According to UNAMA, accountability of NDS and ANP officials for torture
and abuse was weak, not transparent, and rarely enforced. There was
limited independent, judicial, or external oversight of the NDS and ANP
as institutions, and of crimes or misconduct committed by NDS and ANP
officials, including torture and abuse.
International support for recruiting and training new ANP personnel
continued, with the goal of professionalizing the police force,
including the continuing implementation of the CPD staff prison reform
and restructuring program. The international community worked with the
government to develop awareness and police training programs. These
programs emphasized law enforcement, the constitution, values and
ethics, professional development, the prevention of domestic violence,
and fundamental standards of human rights, in addition to core policing
skills and internal investigation mechanisms to curb security force
corruption and abuses.
Nevertheless, human rights problems persisted; observers criticized
the inadequate preparation and lack of insensitivity of local security
forces. Human rights institutions expressed deep concerns about the
limited oversight that existed for security institutions, especially
the ALP.
NGOs and human rights activists noted that societal violence,
especially against women, was widespread; in many cases the police did
not prevent or respond to the violence. In April a 12-year-old girl in
Takhar Province allegedly was gang-raped. According to some accounts,
several of the perpetrators were wearing police (ANP) uniforms.
Although the AIHRC and other civil society representatives undertook a
high-profile investigative visit to Takhar, authorities made no
arrests.
Arrest Procedures and Treatment While in Detention.--Arbitrary
Arrest.--Arbitrary arrest and detention remained problems.
Pretrial Detention.--The law provides for access to legal counsel
and the use of warrants, and limits how long detainees may be held
without charge. The ICRC, the AIHRC, and other observers reported that
arbitrary and prolonged detention frequently occurred throughout the
country. Authorities often did not inform detainees of the charges
against them. Police have the right to detain a suspect for 72 hours to
complete a preliminary investigation. If they decide to pursue a case,
the file is transferred to the Attorney General's Office (AGO), which
must interrogate the suspect within 48 hours. The investigating
prosecutor can continue to detain a suspect without formal charges for
15 days from the time of arrest while continuing the investigation.
With court approval the investigating prosecutor may detain a suspect
for an additional 15 days. The prosecutor must file an indictment or
release the suspect within 30 days of arrest. Investigation may
continue even if an indictment cannot be completed within the 30 days.
In practice many detainees did not benefit from any or all of these
provisions, largely due to a lack of resources. The law provides that
upon request by defense counsel, the court shall release a detainee
held over the 30-day period when an indictment is not filed. However,
many detainees were held beyond 30 days, despite the lack of an
indictment. Observers reported that prosecutors and police detained
individuals on average for nine months without charging them, sometimes
for actions that were not crimes under the law, in part because the
judicial system was inadequate to process detainees in a timely
fashion.
On August 25, President Karzai called on the Minister of Justice,
the Attorney General, the head of the NDS, and the head of the Supreme
Court to process cases more expeditiously and not to detain persons
without cause. He also called for the release of prisoners whose terms
had been completed but who were still in jail due to a lack of
financial or other guarantees.
The seven government entities involved in the criminal justice
sector--the MOJ, AGO, Supreme Court, MOI, NDS, MOD, and High Office of
Oversight--continued to implement a standard case management system.
Arbitrary arrests were reported in most provinces. Incommunicado
detention remained a problem and prompt access to a lawyer was rare.
While detainees were allowed access to their families, there were many
cases in which such access was not prompt. Some detainees were
subjected to torture and other mistreatment, including being whipped,
exposed to extreme cold, and deprived of food. UNAMA reported that
police also detained individuals for moral crimes, breaches of
contracts, family disputes, and to extract confessions. Observers
reported that those detained for moral crimes were almost exclusively
women.
There was little consistency in the length of time detainees were
held before trial or arraignment. Postsentence detention also was
reportedly common.
According to the MOJ, 81 children were detained on national
security-related charges in juvenile rehabilitation centers during the
year; all were male, six younger than age 15. The juvenile code
presumes that children should not be held to the same standards as
adults. The code states that the arrest of a child ``should be a matter
of last resort and should last for the shortest possible period.'' An
estimated 850 children in juvenile rehabilitation centers across the
country lacked access to adequate food, health care, and education.
Detained children typically were denied basic rights and many aspects
of due process, including the presumption of innocence, the right to be
informed of charges, access to defense lawyers, and the right not to be
forced to confess. The law provides for the creation of juvenile
police, prosecution offices, and courts. Due to limited resources, the
special juvenile courts functioned only in six areas (Kabul, Herat,
Balkh, Kandahar, Jalalabad, and Kunduz). In provinces where special
courts do not exist, children's cases fall under the ordinary courts.
The law also mandates that children's cases be addressed in private and
may involve three stages: primary, appeals, and the final stage at the
Supreme Court.
Some of the children in the criminal justice system were victims
rather than perpetrators of crime. Particularly in cases of sexual
exploitation, perpetrators seldom were imprisoned, as cases seldom were
prosecuted; some victims were perceived as shameful and in need of
punishment, having brought shame on their family by reporting the
abuse. Some children allegedly were imprisoned as a family proxy for
the actual perpetrator.
Increasingly, the insurgency used children in suicide bombing
attempts. In August President Karzai pardoned 20 children who had been
arrested by the NDS while trying to carry out suicide bombings, stating
that they had been deceived and oppressed by the country's enemies.
``Zina,'' the term for adultery and/or fornication, is a criminal
act under the penal code. In practice police and legal officials often
charged women with intent to commit zina to justify their arrest and
incarceration for social offenses such as running away from home,
defying family choice of a spouse, fleeing domestic violence or rape,
or eloping. Police often detained women for zina at the request of
family members.
Authorities imprisoned some women for reporting crimes perpetrated
against them and some as proxies serving as substitutes for their
husbands or male relatives convicted of crimes. During the year, the
AIHRC received reports of men being arrested in place of a male
relative when a suspect could not be located, on the assumption that
the suspect would turn himself in to free the family member.
Authorities placed some women in protective custody to prevent
violent retaliation by family members. Authorities also placed women
who were victims of domestic violence in protective custody (including
in a detention center), if there was no shelter facility available, to
protect them from further abuse. Under the 2009 decree on the
Elimination of Violence Against Women Act (EVAW), the police have the
obligation to arrest those who abuse women. However, implementation and
awareness of the EVAW law was very limited.
Authorities frequently did not rearrest defendants even after an
appellate court convicted them in absentia. There was no bond system,
although a rudimentary personal recognizance system was utilized in
some areas where international observers monitored cases; authorities
justified posttrial detention because defendants released pending
appeal often disappeared.
Prosecutors did not exercise discretion in making decisions on
charges.
International mentors observed that prosecutors filed indictments
in cases transferred to them by the police, even where there was a
reasonable belief that no crime actually was committed.
Amnesty.--The Afghanistan Peace and Reintegration Program (APRP)
provided political amnesty to insurgents who met program eligibility
criteria, including breaking ties with al-Qaida, renouncing violence,
agreeing to abide by the constitution including its protections for
women and minority groups, and formally enrolling in the program.
Political amnesty is not defined. However, the program document states
that the APRP ``is not a framework for pardoning all crimes and
providing blanket amnesty.'' The APRP has not yet defined what offenses
are eligible for amnesty. Reintegration candidates are informed prior
to enrollment that entry into the program does not amount to blanket
immunity from prosecution.
There were instances in which local government officials, unaware
of or knowingly ignoring APRP policy, promised amnesty to insurgents
who had agreed to stop fighting but had not formally entered the APRP,
such as in the case of a Taliban commander, Maulavi Isfandar, who
oversaw the execution of Bibi Sanubar, a pregnant widow accused of
adultery, in Badghis Province. These informally reintegrated persons
were neither vetted by their community members for inclusion in the
program nor informed about the APRP's position on amnesty. The
government estimated that an additional 2,978 insurgents formally
reintegrated during the year.
Fourteen persons met the government's conditions for reconciliation
(renunciation of violence, no links to international terrorist
organizations, and respect for the constitution, including the rights
of women and minorities) and were removed from the U.N. Sanctions List
during 2010. An additional 15 persons met the conditions for
reconciliation and were removed from the U.N. Sanctions List in 2011.
The AIHRC and human rights activists continued to express concern
that war criminals and human rights abusers remain in positions of
power within the government.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but in practice the judiciary was underfunded,
understaffed, ineffective, and subject to political influence and
pervasive corruption. Bribery, corruption, and pressure from public
officials, tribal leaders, families of accused persons, and individuals
associated with the insurgency threatened judicial impartiality. Most
courts administered justice unevenly, according to a mixture of
codified law, Sharia (Islamic law), and local custom.
The formal justice system was relatively strong in the urban
centers, where the central government was strongest, and weaker in the
rural areas, where approximately 80 percent of the population lived.
Nationwide, fully functioning courts, police forces, and prisons were
rare. The judicial system lacked the capacity to handle the large
volume of new and amended legislation. A lack of qualified judicial
personnel hindered the courts. Municipal and provincial authorities,
including judges, had minimal training and often based their judgments
on their personal understanding of Sharia, tribal codes of honor, or
local custom. The majority of judges graduated from madrassahs or had
Sharia training. Very few judges were graduates of a law school. Lack
of access to legal codes and statutes hindered judges and prosecutors.
There were widespread shortages of judges, primarily in insecure
areas. The Supreme Court reported that there were an estimated 1,651
judges at the primary, appellate, and supreme court levels, including
143 female judges at year's end.
In major cities, courts primarily decided criminal cases, as
mandated by law. Civil cases often were resolved in the informal
system. Because the formal legal system was often not present in rural
areas, local elders and shuras (consultative gatherings, usually of men
selected by the community) were the primary means of settling both
criminal matters and civil disputes; they also levied unsanctioned
punishments. Some estimates suggested that 80 percent of all disputes
were resolved by shuras. Sometimes the shuras did not respect the
constitutional rights of--and sometimes violated the rights of--women
and minorities.
In areas not under government control, the Taliban enforced a
parallel judicial system based on strict interpretation of Sharia.
Trial Procedures.--Trial procedures rarely met internationally
accepted standards. The administration and implementation of justice
varied in different areas of the country. By law all citizens are
entitled to a presumption of innocence and defendants have the right to
be present at trial and to appeal; however, these rights were not
always applied. Trials were rarely public. Judges decided all criminal
trials, since there is no right to a jury trial under the constitution.
A defendant also has the right to consult with an advocate or counsel
at public expense when resources allow. This right was applied
inconsistently, in part due to a severe shortage of defense counsel.
Defendants frequently were not allowed to confront or question
witnesses. Citizens often were unaware of their constitutional rights.
Defendants and attorneys were entitled to examine the physical evidence
and the documents related to their case before trial; however,
observers noted that in practice court documents often were not
available for review before cases went to trial, despite defense
lawyers' requests. When the accused is held in custody, the primary
court must hear the trial within two months. The appellate court has
two months to review the case of an incarcerated person. Either side
may appeal; an accused defendant who is found innocent usually remains
detained in the legal system until the case moves through all three
levels of the judiciary: primary, appeals, and the Supreme Court. The
decision of the primary court becomes final if an appeal is not filed
within 20 days. Any second appeal must be filed within 30 days, after
which the case moves to the Supreme Court, which must decide the case
of the defendant within five months. If the appellate deadlines are not
met, the law requires that the accused be released from custody. In
many cases courts did not meet these deadlines.
In cases lacking a clearly defined legal statute, or cases in which
judges, prosecutors, or elders were unaware of the law, judges and
informal shuras enforced customary law; this practice often resulted in
outcomes that discriminated against women. This included the practice
(baadh) of ordering the defendant to provide compensation in the form
of a young girl to be married to a man whose family the defendant had
wronged.
Political Prisoners and Detainees.--There were no reports that the
government held political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Citizens had limited
access to justice for constitutional and human rights violations, and
interpretations of religious doctrine often took precedence over human
rights or constitutional rights. The state judiciary did not play a
significant or effective role in adjudicating civil matters due to
corruption and lack of capacity.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary interference in matters of
privacy; however, the government did not respect these prohibitions in
practice, and there were no legal protections for victims.
Government officials forcibly entered homes and businesses of
civilians without judicial authorization.
Authorities imprisoned men and women as substitutes for male
relatives who were suspects or convicted criminals in order to induce
those persons at large to surrender themselves (see section 1.d.).
The law provides for wiretapping in certain cases, which include
tracking money laundering and narcotics trafficking.
The government's willingness to recognize the right to marry varied
according to nationality, gender, and religion. Although more than 99
percent of the population was Muslim, the AIHRC reported that on
several occasions, marriages between Sunnis and Shias were annulled as
``haram,'' or against Islam. In Bamyan Province, the family of an
ethnically Sayed female prohibited her from marrying a Hazara man,
compelling her to flee to a shelter in fear for her life in May. She
and her case were moved to a shelter in Kabul at year's end, despite
sustained pressure from the AIHRC, the governor of Bamyan, civil
society, and the international community on the family and local
government to allow the couple to marry.
Insurgents frequently ordered the country's four mobile telephone
operators to shut down operations in the Southwest, South, and East for
hours or days at a time. In response the government ordered operators
to maintain continuous services; insurgents responded by routinely
destroying mobile telephone towers.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Continuing internal conflict resulted in civilian deaths, abductions,
prisoner abuse, property damage, and the displacement of residents. The
security situation remained a problem during the year due to insurgent
attacks. According to a 2011 report by UNAMA, civilians continued to
bear the brunt of intensified armed conflict as civilian deaths
increased by 8 percent during the year compared with 2010.
The large number of attacks by AGEs limited the capability of the
central government to protect human rights in many districts,
especially in the South. The growth in civilian casualties was due
primarily to the armed opposition's indiscriminate use of land mine-
like pressure plate improvised explosive devices (IEDs).
Killings.--Government and progovernment forces were responsible for
civilian casualties. The UNAMA 2011 Annual Report on the Protection of
Citizens in Armed Conflict stated that progovernment forces (PGFs) were
responsible for 14 percent of total civilian deaths, a decrease of 4
percent compared with 2010.
Airstrikes remained responsible for the largest percentage of
civilian deaths caused by PGFs. The UNAMA report stated that civilian
deaths caused by aerial attacks increased 9 percent compared with 2010.
UNAMA noted that AGEs remained responsible for the largest
proportion of civilian casualties, which rose 14 percent compared with
2010. Of the 2,332 conflict-related deaths in the first half of the
year, 77 percent were attributable to AGEs. Responsibility for the
remainder could not be determined.
During the year, antigovernment elements continued to attack
progovernment religious leaders. In March authorities arrested a man
and detained four accomplices in connection with the February 12 murder
of a prominent mullah. A Taliban sympathizer detonated a bomb in his
turban at the July 14 mosque funeral of Ahmed Wali Karzai, the
president's half-brother, killing a Muslim cleric and four mourners.
In August insurgents in the northeastern province of Kunar stoned,
hanged, and shot two ANA soldiers returning from leave.
The Taliban and antigovernment elements continued to engage in
indiscriminate use of force, attacking and killing villagers,
foreigners, and NGO workers. The Taliban and other insurgents killed
numerous civilians, both in attacks and with car bombs and suicide
bombs. IED attacks killed more civilians than any other tactic during
the year, causing 967 deaths. Suicide attacks and IEDs together
accounted for 32 percent of all civilian deaths during the year.
Insurgents targeted national and government officials, foreigners,
and local NGO employees. There were accounts of insurgent violence
against the civilian population. According to the United Nations
Country Task Force Monitoring and Reporting on Grave Child Rights
Violations, there were 13 attacks on girls' schools since April.
A February suicide attack in northern Kunduz Province killed at
least 26 persons and wounded more than 30 others inside a population
registration office where people had come to receive their national
identity cards. Armed persons entered a local branch of Kabul Bank in
Nangarhar Province on February 19. In the ensuing firefight and suicide
bombing, for which the Taliban claimed responsibility, 18 persons were
killed and 70 others were wounded.
June saw an all-time high in the number of security incidents in a
single month, according to UNAMA, and the highest-ever number of IED
attacks recorded in a one-month period. On June 9, Taliban-linked
insurgents killed nine persons in an attack on a wedding party at the
Nangarhar compound of a district governor. Two civilians were killed
and two wounded in a suicide attack on the governor's compound in
Parwan on June 21. Another suicide attack on the Kapisa governor's
office killed eight persons and wounded four in mid-June.
Abductions.--The MOI's Anti-Crime Police reported over 100
abductions through year's end, as the Taliban targeted construction and
mining projects, teachers, and citizens perceived to be cooperating
with the international community (see section 1.b.). The actual number
of cases may have been much higher.
Physical Abuse, Punishment, and Torture.--Land mines and unexploded
ordnance continued to cause deaths and injuries, restricted areas
available for farming, and impeded the return of refugees. The Mine
Action Coordination Center for Afghanistan (MACCA) reported at year's
end that land mines and unexploded ordnance killed or injured an
average of 31 persons each month. In addition to these casualties from
traditional antitank and antipersonnel mines, there were 18,692
civilian casualties from IEDs during the year, with the overwhelming
majority of those resulting from pressure-plate devices (according to
the Afghan National Counter-IED Strategy 2012). At year's end, land
mines and unexploded ordnance imperiled 1,930 communities, which
represent less than 2 percent of total communities. The majority of
remaining mine hazard areas include a relatively low number of
arbitrarily-placed mines dispersed over a large area, but nonetheless
still deny full use of the land to communities. The MOE and Afghan NGOs
conducted educational programs and mine awareness campaigns throughout
the country.
Child Soldiers.--Officially the government, with international
assistance, vetted all recruits into the armed forces and police,
rejecting applicants under the age of 18. However, there were reports
that children were recruited and used for military purposes by the
ANSF, the ANP, and progovernment militias, and sometimes were sexually
abused.
Anecdotal evidence suggested that insurgent recruitment of underage
soldiers continued to rise. There were also numerous credible reports
that the Taliban and other insurgent forces recruited children younger
than age 18, in some cases as suicide bombers and human shields, and in
other cases to assist with their work. The media, NGOs, and U.N.
agencies reported that the Taliban tricked children, promised them
money, or forced them to become suicide bombers. President Karzai
ordered the release of 20 such incarcerated children on August 25.
Also see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip/.
Other Conflict-related Abuses.--The security environment had a
negative effect on the ability of humanitarian organizations to operate
freely in many parts of the country. Insurgents deliberately targeted
government employees and aid workers.
Gunmen stormed a U.N. compound in Mazar-e-Sharif on April 1,
killing three U.N. staff and four Nepalese guards.
Suspected Taliban members fired on NGO vehicles and attacked NGO
offices, guest houses, and hotels frequented by NGO employees. Violence
and instability hampered development, relief, and reconstruction
efforts. NGOs reported that insurgents, powerful local individuals, and
militia leaders demanded bribes to allow groups to bring relief
supplies into the country and distribute them.
In an attack that some observers thought may have missed its mark,
25 persons, including children, pregnant women, medical workers, and an
entire family of seven, were killed on June 25 in Logar Province, when
a truck bomb exploded at the entrance to a maternity hospital,
destroying the facility, which drew patients from isolated villages for
prenatal and obstetrics care. No insurgent group claimed responsibility
for the attack, which may have been intended for the district
governor's office and police station next door.
The Taliban continued to distribute threatening messages in
attempts to curtail government and development activities. Insurgents
used civilians, including children as young as age three, as human
shields, either by forcing them into the line of fire or by basing
operations in civilian settings.
In the South and East, Taliban and other antigovernment elements
frequently forced local residents to provide food and shelter to their
fighters. The Taliban also continued to attack schools, radio stations,
and government offices.
An organized attack October 31 on the U.N. High Commissioner for
Refugees (UNHCR) offices in Kandahar that involved suicide bombers and
gunmen resulted in the deaths of three UNHCR employees and the wounding
of two other staff members.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and of the
press; however, the government restricted these rights.
Freedom of Speech.--Authorities used pressure, regulations, and
threats to silence critics. Freedom of speech was even more constrained
at the provincial level, where warlords owned many of the broadcasting
stations and print media.
Freedom of the Press.--Some independent journalists and writers
published magazines and newsletters, although circulation largely was
confined to Kabul. Newspapers tended to reflect more openly on domestic
developments in comparison to broadcasters. Satirical programming was
widespread; every private television station had at least one comedy-
satire program that openly criticized government officials.
Despite the obstacles they faced, media sources and observers
asserted that the country's independent media continued to expand and
became increasingly sophisticated. Independent media were active and
reflected differing political views. An NGO offered safe houses for
threatened journalists. Many Afghan journalists stated they had more
freedom than their regional neighbors. Numerous international and local
organizations provided regular training and mentoring for journalists;
some programs ended with job offers for talented participants.
Violence and Harassment.--Threats, violence, and intimidation were
used regularly to silence opposition journalists, particularly those
who spoke out about impunity, war crimes, government officials, and
powerful local figures.
An Afghan media development and vocational education agency
reported that incidents of violence against journalists increased
overall during the year; through December there were 80 incidents,
compared with 60 in 2010.
A December Media Watch report entitled ``Afghan Media in 2011''
indicated there was a 38 percent rise in violence against media workers
in 2011 compared with 2010. The report records three media worker
deaths, six injuries, two detentions, 33 assaults, 15 cases of verbal
abuse, and 21 incidents of threats for a total of 80 cases. Media Watch
reports that State authorities were responsible for the majority of
incidents, with government officials responsible for 49 incidents.
Journalists were vulnerable to physical harm and reported numerous
instances of pressure from multiple sources to influence reporting,
including national and provincial governments. Violence against
journalists continued, and a combination of government repression,
armed groups, and manipulation by foreign groups and individuals
prevented the media from operating freely.
Journalists operated in a dangerous environment; even if not
targeted, some were victims of indiscriminate attacks. For example, on
July 28 in Uruzgan, Ahmad Omid Khpalwak, a 25-year-old reporter with
the BBC Pashto-Dari radio service and Pajhwok Afghan News, was filing
his morning report in a building and was killed by a spray of more than
20 bullets. Farhad Taqaddosi, a cameraman for Iran's Press TV, died of
injuries he sustained in the Taliban's September 13 attack on prominent
international buildings. Jafar Wafa, a reporter for the Laghman-based
Radio Kalagosh, was killed in a roadside bomb attack in Laghman
province on December 12.
Censorship or Content Restrictions.--Some media observers contended
that individuals either could not criticize the government or practiced
self-censorship due to fear of reprisal. Journalists self-censored
reporting on corruption or legal violations due to fear of violent
retribution by provincial police officials and powerful families.
Journalists stated that the government not only failed to protect them,
but that officials sometimes actively worked against them through other
media sources, through intimidation, or by pressuring others to
withdraw advertising revenue.
Publishing Restrictions.--The Ministry of Information and Culture
(MOIC) has the authority to regulate the press and media; however, the
Ministry of Hajj and Religious Affairs, and the country's council of
religious scholars (the ``Ulama''), both also attempted to regulate or
constrict the media. Although complaints and alleged violations of
media regulations are to flow through the Media Complaints Commission
into the MOIC, the Ministry of Hajj and Religious Affairs reported in
May that it would establish a Vice and Virtue Department to control
``un-Islamic'' and ``immoral'' media programs. The Ulama criticized a
newspaper that reported on the radicalization of young women in
religious madrassahs, stating ``the newspaper should be put under
pressure'' for its criticism of Islam.
Parliamentarians voiced concern about the foreign cultural invasion
of the country and stated that the MOIC should do more to stop the
proliferation of immoral television programs. Members of the Ulama
lobbied the president's office to cease broadcasting what it considered
immoral television programs, such as the soap opera ``Forbidden Love,''
which was broadcast on private Tolo TV. Tolo TV eventually took the
program off the air to avoid having to close down the television
station.
Following what the Ulama and the MOIC saw as a trend in negative
programming, both threatened to revoke the activity licenses of any
media groups that failed to comply with the law. The law prohibits
dissemination of material contrary to the principles of Islam or other
religions and sects; works considered defamatory, insulting, offensive,
or libelous; materials contrary to the constitution and penal code;
disclosure of the identity and pictures of victims of violence and rape
in a manner that damages their social dignity; and works and material
that harm the psychological security and moral well-being of
individuals, especially children and adolescents. The mass media policy
had not been implemented by year's end.
The law contains provisions establishing a media oversight
structure, headed by a High Media Council (HMC). The HMC had two
representatives of the media selected by the MOIC who were not
generally accepted by the wider journalism community. The provisions in
the Mass Media Law allowing journalists open access to information also
have not been implemented.
Although censorship of book publishing was relatively limited,
prominent journalist and author, Razaq Mamoon, who wrote a book
critical of Iran, was the victim of an acid attack by unidentified men.
The number of female journalists remained low and female reporters
found it difficult to practice their profession, although some women
oversaw radio stations across the country and some radio stations were
devoted to women's issues. Kabul University's Jawida Ahmadi, a lecturer
and deputy dean of the journalism faculty, launched the Saboot News
Agency which offers capacity building courses in journalism,
leadership, and management for female journalists, and also produces
news reports about various parts of the country in Dari, Pashto, and
English. However, a number of factors reduce the motivation of women to
be part of the media industry, including poor security, low capacity,
lack of access to the training that was a prerequisite of the modern
media industry, and a lack of safe working conditions. Salam Watandar
held a female broadcasters gathering in December with 12 women from
Balkh, Kunduz, Baghlan, Jalalabad, Kandahar, and Herat provinces. They
highlighted the need for qualified female journalists and proposed
specialized programming with material provided by six radio stations
led by women.
Nongovernmental Impact.--Factional authorities reportedly
controlled media in some parts of the country. In addition, according
to many media sources, private Iranian, Pakistani, and Gulf state
citizens actively influenced the media, shaping it through both
ownership and threats. There were allegations that Iran intimidated
reporters in the western provinces to increase antigovernment reporting
and decrease anti-Iranian articles.
Journalists faced threats not only from state actors, but also from
the Taliban and other insurgents. Some reporters stated that they no
longer criticized the insurgency in their reporting because they feared
the return of the Taliban.
Violence and intimidation of journalists, reporters, and media
outlets at the hands of insurgent forces and the Taliban remained a
concern and continued to restrict journalists' operating space. In June
the Taliban torched three mobile telephone towers in central Logar
province after warning mobile telephone companies to cut their services
between 6:00 pm and 6:00 am. The Taliban also destroyed two mobile
telephone towers in Helmand province.
The Taliban manipulated the media, especially print journalism,
both directly and indirectly, by threatening to harm some journalists
physically and by directly feeding news to others. Journalists reported
receiving threats if they published stories favorable to the
government.
The Committee to Protect Journalists (CPJ) reported that local and
foreign reporting teams continued to face a risk of kidnapping.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including e-mail
messages.
The CPJ reported that government regulators were not fully able to
enforce their rules. Government requests for Internet bans were made to
private Internet service providers; filtering equipment was not
reported as widely used. The Taliban also used the Internet and sites
like Twitter to spread its messages, despite purported government
controls. Lack of public infrastructure limited public access to the
Internet.
Academic Freedom and Cultural Events.--The government restricted
academic freedom by restricting curriculum it deemed un-Islamic.
Academic research and curriculum were subject to prior approval of
``concerned ministries and institutions,'' such as the Ministry of Hajj
and Religious Affairs. The government funded rehabilitation and
preservation of several historical sites and monuments, including both
Islamic and Buddhist-period sites. Through foreign government and World
Bank funds some emergency recovery and preservation efforts were
underway at an extensive Buddhist site near Kabul. The recovery of that
cultural heritage was occurring in advance of the copper mining
(tendered to a Chinese firm) that was expected to eventually destroy
the archaeological remains collocated with the world's second largest
copper deposit. Music has made a strong return since the departure of
the Taliban.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights.
Freedom of Assembly.--A lack of physical security, as well as
interference from local authorities and security forces, inhibited
freedom of assembly in some areas of the country.
There were numerous generally peaceful protests during the year
related to a variety of causes, including the parliamentary impasse and
the special tribunal, the rights of persons with physical disabilities,
and concerns over public land use. Citizens also frequently protested
against civilian casualties allegedly caused by progovernment forces.
In August citizens in Zabul province took to the streets to protest
night raids and at least three protesters were killed by police. The
Zabul police chief claimed that the police opened fire due to
insurgents present in the crowd who killed an officer.
Freedom of Association.--The 2009 law on political parties obliges
parties to register with the MOJ and requires them to pursue objectives
consistent with Islam. The law raised the hurdles for registration of
parties; for example, parties are required to have at least 10,000
members registered. Antigovernment violence affected the ability of
provincial council candidates and political parties to conduct
activities in many areas of the country.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://www.state.gov/j/drl/
irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the government sometimes limited citizens'
movement for security reasons.
The government cooperated with the U.N. High Commissioner for
Refugees (UNHCR), the International Organization for Migration (IOM),
and other humanitarian organizations in providing protection and
assistance to internally displaced persons, refugees, returning
refugees, and other persons of concern but was limited by lack of
infrastructure and capacity.
In-Country Movement.--Taxi, truck, and bus drivers reported that
security forces operated illegal checkpoints and extorted money and
goods from travelers.
The greatest restriction to movement in some parts of the country
was the lack of security. In many areas insurgent violence, banditry,
land mines, and IEDs made travel extremely dangerous, especially at
night.
Armed insurgents also operated illegal checkpoints and extorted
money and goods. The Taliban imposed nightly curfews on the local
populace in regions where it exercised authority, mostly in the
southeast.
Social custom limited women's freedom of movement without male
consent or a male chaperone.
Internally Displaced Persons (IDPs).--The country continued to
experience high levels of internal population movements, triggered by
military operations, natural disasters, and irregular labor conditions.
Large numbers of refugees returned but were unable to reside safely in
their previous homes because of poor service infrastructure in rural
areas, and the volatile security situation in some parts of the
country.
At year's end, an estimated 447,547 persons were displaced,
according to the UNHCR. Of these, 116,741 persons were displaced prior
to December 31, 2002 (referred to as IDPs in protracted displacement).
Between January and December, 185,631 persons were displaced due to
conflict. The main areas in which displacement originated were Badghis,
Farah, Ghor, and Herat in the West and Faryab in the North. The
displaced populations largely remained in their regions of origin. The
key provinces that received IDPs, in order of the numbers displaced,
were Herat, Kandahar, Nangarhar, and Helmand.
Local governments provided access to land for basic accommodation,
while international organizations and the Afghan Red Crescent Society
provided shelter, food, and other life-saving aid. However, access to
land and rights for returnees and IDPs were hampered by a weak
judiciary. Some IDPs in protracted displacement established self-
sufficient settlements in the Herat, Kandahar, Helmand, and Jalalabad
areas.
Unverified populations, including IDPs and refugees who returned,
were also known to reside alongside urban slum dwellers in unauthorized
informal settlements in the larger urban areas of Kabul, Jalalabad,
Mazar-e-Sharif, and Herat. These settlements were prone to serious
deficiencies in several areas, including health, education, security of
tenure, and absence of registration of child births and identity cards.
Restricted access due to poor security limited the UNHCR's efforts
to assess the numbers of displaced persons and made it difficult to
provide assistance.
According to the Internal Displacement Monitoring Centre, while the
government created a National IDP Task Force, it lacks a comprehensive
IDP policy and has opposed local integration or resettlement as a
durable solution for IDPs unable to return home.
Protection of Refugees.--Access to Asylum.--Laws do not provide for
granting asylum or refugee status, and the government has not
established a system for providing protection to refugees. In
accordance with an agreement among Afghanistan, Pakistan, and the
UNHCR, repatriation must be voluntary.
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's capacity to absorb returned refugees remained low.
Economic difficulties and security concerns discouraged numerous
refugees from returning to the country; half as many returned compared
with the previous year. Many refugees needed humanitarian assistance
upon arrival. According to the AIHRC and the UNHCR, single women among
refugee returnees and deportees were referred to safe houses until
their families guaranteed their safety. The UNHCR referred 24 women to
safe houses as of September.
Throughout the year, 67,943 refugees were repatriated voluntarily
with UNHCR assistance, mainly from Pakistan and Iran, a decrease of 40
percent from 2010. Approximately 2.8 million Afghan refugees lived in
Pakistan and Iran during the year.
Iran continued to deport undocumented economic migrants back to
Afghanistan. During the year Iran deported 211,023 undocumented
Afghans, a 26 percent decrease compared with 2010 (when 286,662 Afghans
were expelled from Iran), through the border points at Islam Qala,
Herat province, and Zaranj, Nimroz province.
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 in
the September 2010 parliamentary elections based on universal suffrage.
The elections were marred by serious, widespread fraud and corruption.
The parliamentary elections were disputed for nearly a year after
President Karzai established a special elections tribunal to
investigate the election results. On August 10, President Karzai issued
a decree acknowledging that the IEC was the sole authority to resolve
the parliamentary impasse.
Elections and Political Participation.--Recent Elections.--The
September 2010 parliamentary elections were held amid significant
security and logistical challenges. The elections themselves generally
followed the constitutional process, although widespread fraud and
corruption, particularly at the subnational level, hampered the
election. International observers and civil society groups documented
instances of ballot stuffing, ghost polling stations, and some
interference by staff of electoral bodies; fraud was especially notable
in areas with high levels of insecurity, limited observer and candidate
agent coverage, and insufficient female electoral staff. While security
preparations improved relative to the 2009 presidential election,
security was still inadequate in many locations, and numerous
irregularities occurred, including pervasive intimidation of voters,
polling staff, and candidates, especially women.
Due to newly implemented antifraud procedures, the IEC proactively
threw out 1.3 million of the estimated total 5.6 million votes cast,
based on evidence of fraud or other procedural irregularities. The IEC
cited evidence of fraud at more than 2,500 polling stations and
invalidated approximately 23 percent of the ballots cast. The Electoral
Complaints Commission (ECC) disqualified more than 300 polling stations
and invalidated the votes for 24 preliminarily elected candidates due
to evidence of fraud or noncompliance with IEC rules and regulations.
Limited transparency on the part of both commissions during the tally
and adjudication processes fueled the perception that political bias
might have affected the invalidation process. The IEC certified the
official election results on December 1, 2010.
In response to protests about the election results in December
2010, President Karzai appointed a special tribunal to investigate and
recommend changes to the election results. The IEC, parliamentarians,
and NGOs challenged the legality and constitutionality of the special
tribunal, calling repeatedly for its dissolution. The parliamentarians
viewed the special tribunal as an attempt by the executive to weaken
parliament and interfere with its composition. Despite the special
tribunal's ongoing review, parliament was inaugurated on January 26.
The special tribunal remained in place and the political impasse over
the disputed races and the disposition of seats continued until June,
virtually halting legislative action. In June the special tribunal
recommended replacing 62 sitting members of parliament (MPs). On August
10, the president issued a decree that returned the review of the
disputed cases from the special tribunal to the IEC for a final
decision. On August 21, the IEC, which legally assumed the powers of
the ECC, overturned nine of the ECC's disqualifications, and issued
certificates to nine new MPs. After an internal boycott and heavy
resistance to the IEC's decision, parliament had its first quorum after
months in October and began voting on long-pending legislation.
In 2009 citizens voted in their second contested presidential
election. The IEC declared Karzai president for a second term, after
his challenger, Dr. Abdullah Abdullah, withdrew from a run-off
election. The elections were similarly marred by serious allegations of
widespread fraud.
Political Parties.--Negative associations with warlords and the
communists have led many citizens to view political parties with
suspicion. The 2009 Party Law replaced the initial law of 2003, which
granted parties the right to exist as formal institutions for the first
time in the country's history. The new law required parties to have
membership papers of 10,000 members (from a minimum of 22 provinces).
The law was passed in September 2009 and allowed very little time for
parties to complete the registration process in advance of the 2010
parliamentary elections. The National Democratic Institute (NDI)
reported that a number of parties complained about the process, citing
fraud in the Ministry of Justice, which is responsible for registration
of political parties, and the unequal treatment of parties by the
registration department. As of November 2010, the MOJ had accredited 33
political parties under the law. By April 38 parties were registered,
according to NDI. However, only five parties were accredited in time
for the September 2010 elections, and very few parliamentary candidates
were shown to be affiliated with a party during the campaign. Political
parties were not always able to conduct activities throughout the
country, particularly in regions where antigovernment violence affected
overall security. A total of 21 political parties had representation in
the lower house.
Participation of Women and Minorities.--The Pashtun ethnic group
had more seats than any other ethnic group in both houses but did not
have more than 50 percent of the seats. The Pashtuns lost seats in the
September 2010 lower house elections. There was no evidence that there
were societal groups that were specifically excluded. Traditional
societal practices that limit women's participation in politics and
activities outside the home community likely influenced the central
government's composition.
For the Wolesi Jirga, the lower house of the national Assembly, 396
of the 2,510 candidates for the election were women, representing a
significant increase in female candidate participation compared with
the 2005 parliamentary elections. There were sufficient members to fill
the two seats reserved for women in each province (68 of 249 total
seats).
Women active in public life continued to face disproportionate
levels of threats and violence and were the targets of attacks by the
Taliban and other insurgent groups. Most female MPs reportedly
experienced some kind of threat or intimidation; many believed that the
state could not or would not protect them.
There were reports that the female members of the High Peace
Council established in September 2010 were marginalized by their male
counterparts and that they were not permitted to take part in initial
contacts with representatives from the Taliban or other insurgent
groups.
There were no laws preventing minorities from participating in
political life; however, different ethnic groups complained that they
did not have equal access to local government jobs in provinces where
they were in the minority.
The constitution provides for seats for women and minorities in
both houses of parliament. The constitution provides for at least 68
female delegates in the lower house of the national assembly, while 10
seats are provided for the Kuchi ethnic minority. According to the
constitution, the president should appoint one-third of the members,
including two members with physical disabilities and two Kuchis. Fifty
percent of the president's appointees to the upper house must be women.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity. The
minimal progress made in initiating and prosecuting high-level
corruption cases was largely due to international assistance in
creating special anticorruption law enforcement investigatory,
prosecutorial, and judicial entities.
Corruption was endemic throughout society, and flows of money from
the military, international donors, and the drug trade exacerbated the
problem. The International Crisis Group released a study in July that
concluded that corruption and poor governance had enabled the Taliban
to extend its reach deeply into the east central part of the country
(the five provinces surrounding Kabul).
Prisoners and local NGOs reported that corruption was widespread
across the justice system, particularly in relation to the prosecution
of criminal cases and ``buying'' release from prison. There were also
reports of money paid to reduce prison sentences, halt an
investigation, or have charges dismissed outright.
New information emerged about the scale of malfeasance at Kabul
Bank, which had been the country's largest private financial
institution prior to its collapse in a huge bank fraud scandal that
began unfolding in August 2010. Reportedly, nearly 50 billion afghanis
($1 billion) were misappropriated and a vast number of bribes amounting
to several millions of dollars were paid to politicians and ministers.
Nearly all of the illicit funds were received by politically well-
connected shareholders of the bank. By year's end, only 10 percent or
$66 million in bank assets had been recovered and no formal criminal
charges had been brought against anyone who took money from the bank.
Instead the government sought to place significant blame for Kabul
Bank's collapse on foreign entities, regulators, and low-level
functionaries and employees of Kabul Bank and the Central Bank,
including persons from the Afghan Financial Intelligence Unit
(FinTRACA). In June the central bank governor left his post and fled
the country, citing death threats, as well as criticism and heavy
political pressure from the AGO, along with political interference in
his efforts to recover funds.
There were reports that the AGO was unwilling or unable to pursue
corrupt officials and that high-level officials who were arrested on
corruption-related charges were released subsequent to pressure from
President Karzai or his agents. In addition there was anecdotal
evidence that accusations of corruption on the part of others were used
by corrupt officials to damage their opponents' reputations or to
deflect attention from their own misdeeds.
On March 28, former minister of transportation (2006-2008)
Enayatullah Qasimi was detained in Kabul and questioned on charges of
misusing public funds involving Ariana Airlines, which allegedly cost
the government more than 433 million afghanis ($9 million). He was
released two days later. It was unclear whether this was a genuine
attempt by the government to crack down on high-level corruption.
In April Deputy Attorney General Rahmatulla Nazari spoke publicly
about the challenges inherent in arresting high-ranking officials.
After testifying in parliament, Nazari said that although at least 20
corruption cases on his docket involved senior government officials, it
was impossible to arrest them because many were warlords with armed
militias.
Provincial police benefited financially from corruption at police
checkpoints and from the narcotics industry. It was generally assumed
that ANP officers pay higher-ups or officials in the MOI for their
positions and to secure promotions. Corruption cases were rarely if
ever pursued by the justice system, especially if they involved police.
In Nimroz province, which borders Iran and Pakistan, the media reported
that the governor of Delaram District was arrested and accused of drug
trafficking. According to the Afghan Criminal Justice Task Force
(CJTF), he and his two sons, both ANP officers, used police vehicles in
the conduct of their illegal activities. No formal charges were filed
by year's end.
In addition to the impunity enjoyed by many officials, low salaries
exacerbated government corruption. The international community worked
with the national and provincial governance structures to address the
problem of low salaries. Salaries for the police, investigators, and
judges increased significantly in 2010; however, the pay for
prosecutors remained very low. The process of grade reform for
prosecutors had not occurred by year's end. In mid-December, however,
the council of ministers approved a substantial increase in pay for
prosecutors.
Credible sources reported that local police in many parts of the
country extorted a ``tax'' and inflicted violence at police
checkpoints. Truck drivers along the Kabul-Kandahar-Herat highway told
Afghan television that they had to pay bribes to both the ANP and
bandits to allow their trucks to pass.
Police also reportedly extorted bribes from civilians in exchange
for release from prison or to avoid arrest. Lack of formal education
and low literacy rates among the ANSF and the judiciary hampered the
consistent delivery of justice.
The government made efforts to combat corruption in the security
apparatus. Before the September 2010 elections, the MOI trained and
deployed provincial inspectors general (IGs) who remained on duty after
the elections. Merit-based promotion boards continued, with at least
three candidates competing for each job; the process of instituting pay
reform and electronic funds transfer for police salaries also
continued. The MOI continued to obtain training for its IG office.
Leadership of the High Office of Oversight (HOO), established to
oversee and to develop the Afghan government's ability to mitigate
corruption in line with commitments made at the London and Kabul
conferences, changed in January, and most of its programs slowed during
the transition. The registration and publication of asset declarations
by senior government officials appeared to move forward under heavy
international pressure, but it remained to be seen whether the HOO
would undertake the required substantive verification of those assets,
a key tool to identify possible wrongdoing. Overall, the HOO was
ineffective in carrying out its anticorruption mandate.
The government continued to make electronic direct deposits of
police and military salaries and expanded a pilot project to pay police
via mobile telephone in areas without banks, making pay a more
transparent and accountable process and theoretically less subject to
corruption. In April 10 soldiers at a base in Mazar-e-Sharif were found
guilty of diverting the salaries of deserters into their own accounts,
stealing a total of approximately one million afghanis ($22,000). The
three ringleaders were sentenced to two to three years' imprisonment
and fines equal to twice the amounts they stole. However, the culpable
financial officer served only three months in jail and as of year's
end, was confined to base at half salary.
Observers alleged that governors with reported involvement in the
drug trade or past records of human rights violations received
executive appointments and served with relative impunity. Persons from
Logar province demonstrated in Kabul in April, asking for the removal
of the Logar governor for corruption and seizure of government land.
The governor denied the allegations.
The constitution provides citizens the right to access government
information, except when access might violate the rights of others;
however, access to information from official sources continued to be
limited. Lack of government capacity, particularly at the local level,
continued to restrict access to information. Civil society and media
representatives sought passage of a law on freedom of access to
information, and worked with government officials to draft such laws.
Journalists and other stakeholders made recommendations to the
ministerial working group with the goal of reconciling a unified draft
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
were somewhat cooperative and responsive to their views.
The lack of security and instability in parts of the country
severely reduced NGO activities. Insurgent groups and the Taliban
directly targeted NGOs during the year (see section 1.g.).
Government Human Rights Bodies.--The constitutionally mandated
AIHRC continued to address human rights problems and generally operated
without government funding. In December President Karzai decided not to
renew the terms of three commissioners whose terms expired on December
16. The decision was widely regarded as a government effort to exercise
greater control over independent institutions. Tolo News linked the
decision to the expected publication of the AIHRC's long-anticipated
conflict mapping report covering serious crimes and abuses committed by
armed factions from 1978 to 2001.
President Karzai signed the Action Plan for Peace, Justice, and
Reconciliation in 2006. While the government has taken some action in
support of ``transitional'' justice as defined in that plan, including
the June 28 release of a national strategy for general reform of the
justice sector, the focus of its reconciliation efforts has changed
over time and has yet to be implemented in practice.
Three parliamentary committees deal with human rights in the Wolesi
Jirga: the Gender, Civil Society, and Human Rights Committee; the
Counternarcotics, Intoxicating Items, and Ethical Abuse Committee; and
the Judicial, Administrative Reform, and Anticorruption Committee. In
the Meshrano Jirga, the upper house of parliament, the Committee for
Gender and Civil Society addresses human rights concerns.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination between citizens and
provides for the equal rights of men and women; however, local customs
and practices that discriminated against women prevailed in much of the
country. The constitution does not explicitly address equal rights
based on race, disability, language, or social status. There were
reports of discrimination based on race, ethnicity, religion, and
gender.
Women.--Although the situation of women marginally improved during
the year, international gender experts considered Afghanistan a very
dangerous country for women. Gains in women's rights and advances in
terms of socio-economic indicators remained tenuous at best. Pursuant
to the constitution, the 2009 Shia Personal Status Law governs family
and marital issues for the 20 percent of the population who are Shia.
Although the law officially recognizes the Shia minority, the law
adversely affects gender equality and was controversial both
domestically and internationally due to its failure to promote gender
equality. Articles in the law of particular concern include those on
minimum age of marriage, polygyny, right of inheritance, right of self-
determination, freedom of movement, sexual obligations, and
guardianship.
Rape and Domestic Violence.--The EVAW law, which also came into
force in 2009, criminalizes violence against women, including rape,
battery, or beating; humiliation; intimidation; and the refusal of
food. The law specifically punishes rape with life imprisonment, and if
the act results in the death of the victim, the law provides for the
death sentence for the perpetrator. The law punishes the ``violation of
chastity of a woman.that does not result in adultery (such as
touching)'' with imprisonment of up to seven years. Under the law rape
does not include spousal rape. However, there was limited political
will to implement the law, and it was neither widely understood nor
successfully enforced. There were reports that women who sought
assistance under the EVAW in a case of rape were subjected to virginity
tests. Sharia also impeded successful prosecution of rape cases.
During the year authorities prosecuted 38 cases under the EVAW law.
More than 500 cases were referred to the Violence Against Women (VAW)
unit in Kabul during the year, indicating increased awareness of
women's rights; the Kabul VAW unit obtained 26 convictions. Women came
from 21 provinces to report cases to the Kabul VAW unit, including from
as far away as Nimroz and Zabul. The newly opened Herat VAW unit
initiated 59 cases during the year. The Balkh VAW unit, which opened in
June, sent 21 cases out of 66 referrals to the primary court for
prosecution. Government entities, including the Ministry of Women's
Affairs and law enforcement officials, referred 16 percent of all
cases.
Prosecutors in some remote provinces were unaware of the EVAW, and
others were subject to community pressure to release defendants due to
familial loyalties, threat of harm, or bribes. Men accused of rape
often claimed the victim agreed to consensual sex, leading to an
adultery charge against the victim. The MOI's Anti-Crime Police
reported 57 cases of rape between March 2011 and February 2012 and
another 63 cases of violence against women; the actual number of cases
was probably much higher. The MOI reported 77 arrests in connection
with those rape cases. Statistics on convictions were unavailable by
year's end. Rapes were difficult to document due to social stigma. Male
victims seldom came forward. Peer sexual abuse was allegedly common.
Female victims faced stringent societal reprisal, from being deemed
unfit for marriage to being imprisoned.
On December 1, Gulnaz, a 20-year-old rape victim, was pardoned
following international outcry and lobbying by human rights groups
after serving two and a half years of a 12-year sentence for the crime
of ``adultery by force.'' Judicial authorities initially gave her the
option to marry her attacker or stay in jail for her full 12-year
sentence. Following the intervention of President Karzai, the
conditions were dropped, and she and her eight-month-old baby were
released on December 13.
The penal code criminalizes assault, and courts entered judgments
against domestic abusers under this provision. According to NGO
reports, hundreds of thousands of women continued to suffer abuse at
the hands of their husbands, fathers, brothers, armed individuals,
parallel legal systems, and institutions of state such as police and
justice systems. A U.N. women's commission report released in January
found that 87 percent of women were victims of domestic violence.
Killing, assault, and sexual violence against women commonly involved
family members as suspects.
Police response to domestic violence was limited, in part due to
low reporting, sympathetic attitudes towards perpetrators, and limited
protection for victims. There were reports of government officials'
complicity in violations of the EVAW law. For example in rape cases in
Baghlan, the victims were imprisoned and the perpetrators were freed.
The ANP in Burkah district allegedly raped a girl and assaulted her
parents in Bat Tob village on November 26. Some police and judicial
officials were not aware or convinced that rape was a serious criminal
offense and investigating a rape case was rarely a priority.
Authorities infrequently prosecuted abusers, and if cases came to
court, the accused often were exonerated or punished lightly. NGOs
confirmed that domestic violence occurred in many homes but went
largely unreported due to societal acceptance of the practice.
According to the AIHRC, between March and November there were 3,147
cases of violence against women reported, of which 1075 were cases of
physical violence, and 269 sexual abuse cases. Most women did not seek
legal assistance for domestic or sexual abuse because they did not know
their rights or because they feared prosecution themselves or return to
their family or the perpetrator. Women sometimes turned to shelters for
assistance and sometimes practiced self-immolation. Provincial
authorities in Herat, one of the few provinces with a burn unit,
reported 84 incidents of self-immolation during the year. The AIHRC
reported 63 female suicides and 70 cases of self-immolation, some of
which may have been honor killings disguised as suicides, through
November.
NGOs that ran women's shelters in Kabul reported an increase in
referrals from police, possibly reflecting improved ANP training and
awareness. Women's access to shelters also increased due to
international efforts to open three new shelters and expansion to more
remote provinces. However, space at the 19 formal and informal shelters
across the country was limited. Women in need of shelter who could not
find a place often ended up in prison, either due to a lack of shelter
alternatives, for their own protection, or based on local
interpretation of ``running away'' as a morals crime.
Forty percent of females in shelters were girls younger than 18,
most often escaping forced marriages and domestic abuse. In January,
following a three-year investigation of claims that women's shelters
were akin to brothels, the government announced a plan to bring all
shelters under the MOWA's direction. Human rights NGOs worked with the
MOWA to change the regulations and stop the proposed nationalization of
shelters. The final shelter regulation approved by the Council of
Ministers, but awaiting the president's approval, was modified to have
the MOWA regulate all shelters, but NGOs retained their ability to run
them.
Because ``unaccompanied'' women were not accepted in society, women
who could not be reunified with their family had nowhere to go. The
difficulty of finding durable solutions for women compelled to stay in
shelters was compounded by societal attitudes toward shelters, linked
to the belief that ``running away from home'' was a serious violation
of social mores. Government officials argued that control of the
shelters would facilitate long-term solutions and allow for eventual
reintegration of women into society. To that end, there were reports
that the MOWA and other government entities helped arrange at least six
marriages for women who could not return to their families.
Policewomen trained to help victims of domestic violence were
hindered by instructions to wait for victims to reach out. There were
355 female response unit (FRU) investigators nationwide working out of
146 FRU offices, which were staffed primarily by female police officers
who addressed violence and crimes against women, children, and
families. Women serving in civilian and ANP positions in the MOI
offered mediation and resources to prevent future domestic violence.
Extended family violence was reportedly widespread and difficult to
prosecute. In July a prosecutor in Uruzgan province released on bail
the father-in-law of Bibi Aisha, the 16-year-old girl from Uruzgan
province whose husband and in-laws cut off her nose and ears in
September 2009 because she had run away after years of domestic
violence. The accused had served 11 months in jail without movement on
the prosecution of the case. At year's end, a request to transfer
jurisdiction to Kandahar was pending, but further pursuit of the
alleged perpetrators appeared unlikely.
Harmful Traditional Practices.--The EVAW law criminalizes forced or
underage marriage and baadh (the giving of a female relative to another
family to settle a debt or dispute). An estimated 70 percent of
marriages were forced, and despite laws banning the practice, a
majority of brides were younger than the legal marriage age of 16 (or
15 with a guardian's and a court's approval). In December a 15-year-old
woman in Baghlan province was rescued by police after being locked in a
basement bathroom, having her finger nails pulled out, and being forced
into prostitution by her 30-year-old husband and in-laws. The husband
escaped arrest, but her mother-in-law and sister-in-law were in jail at
year's end. A survey of married women ages 20 to 24 found that 39
percent had been married before the age of 18. Very few marriages were
registered, leaving forced marriages outside legal control. There were
reports that women who sought assistance under the EVAW in a case of
forced marriage or rape were subjected to virginity tests.
Of the 3,147 cases of violence against women reported between March
and November by the AIHRC, 545 cases were classified as traditional and
cultural violence, or those customary practices that violated women's
rights, such as child and forced marriages, the practice of exchanging
women to settle disputes, forced isolation, and honor killings.
Local officials occasionally imprisoned women at the request of
family members for opposing the family's choice of a marriage partner
or being charged with adultery or bigamy. Local officials imprisoned
women in place of a family member who had committed a crime but could
not be located. Some women remained in detention facilities because
they had run away from home to escape domestic violence or the prospect
of forced marriage.
The AIHRC documented 27 ``honor killings'' through September;
however, the unreported number was believed to be much higher and
thought to include reported cases of suicide and self-immolation that
actually covered honor killings. Under the penal code, a man convicted
of honor killing after finding his wife committing adultery cannot be
sentenced to more than two years' imprisonment. In November a spurned
suitor and group of armed men doused three sisters with acid. The
investigation was still pending and no one was arrested by year's end.
The wide range of violence against women also included trafficking
and abduction.
Sexual Harassment.--There is no law specifically prohibiting sexual
harassment. Women who walked outside alone or went to work often
experienced abuse or ``eve-teasing,'' including groping, or were
followed on the streets in urban areas. Women who took on public roles
that challenged gender stereotypes (such as female lawmakers, NGO
leaders, and news broadcasters) received ``night letters'' most often
sent by conservative elements, political powerbrokers, or insurgents to
intimidate them and their families. NGOs reported increasing violence
against women working in the public and nonprofit sectors, including
killings.
Reproductive Rights.--Women generally exercised little decision-
making authority regarding marriage, timing of pregnancies, birthing
practices, and child education.
Couples were free from government discrimination, coercion, and
violence to decide the number, spacing, and timing of their children,
but family and community pressures to reproduce, the high prevalence of
child and early marriages, and lack of accurate biological knowledge
limited their ability to do so. Women could expect to bear on average
5.1 children in their lifetimes. Oral contraceptives, intrauterine
devices, injectables, and condoms were available commercially and were
provided at no cost in public and private health facilities and by
community health workers. There was a 20 percent usage rate of most
modern forms of contraception. Men and women were diagnosed and treated
equally for sexually transmitted infections, including HIV, when health
care was available.
The U.N. estimated maternal mortality at 372 deaths for every
100,000 live births in 2010, down from 1,400 in 2002. Although the
situation improved, early marriage and pregnancy still puts girls at
greater risk for premature labor, complications during delivery, and
death in childbirth. Post-partum hemorrhage and obstructed labor were
key causes of maternal mortality.
Discrimination.--Women who reported cases of abuse or who sought
legal redress for other matters reported pervasive discrimination
within the judicial system. Local practices were discriminatory toward
women, and in parts of the country where courts were not functional or
knowledge of the law was minimal, elders relied on an interpretation of
Sharia and tribal customs, which generally were discriminatory toward
women. Most women reported limited access to justice in tribal shuras,
where all presiding elders were men; women in some villages were not
allowed any access for dispute resolution. Women's advocacy groups
reported that in some cases the government intervened informally with
local courts to encourage them to interpret laws in ways favorable to
women. However, many cases in remote districts were still resolved
according to the local police officer's or prosecutor's discretion or
interpretation of the law. When legal authorities were aware of the
EVAW law and its implementation, women were able to get appropriate
assistance.
Police, prosecutors, and judges discriminated against women in
criminal and civil legal proceedings stemming from violence and forced
marriages, but there were increasing numbers of female attorneys who
successfully represented female clients.
Societal discrimination against women continued. Cultural
prohibitions on free travel and leaving the home unaccompanied
prevented many women from working outside the home and reduced their
access to education, health care, police protection, and other social
services. Women faced discrimination in access to and terms of
employment and occupation. Some educated urban women found substantive
work, but many were relegated to menial tasks. There were approximately
1,100 female police officers in a police force of more than 130,000.
The government planned to increase the total number to 2,800; however,
there was little evidence of efforts to recruit additional female
police officers.
The MOWA and NGOs continued to promote women's rights and freedoms.
The Independent Administrative Reform & Civil Service Commission Gender
Directorate worked on an action plan for increasing the percentage of
women in the civil service to 30 percent (up from an estimated 26
percent) by 2013. The MOWA, the primary government agency responsible
for addressing gender policy and the needs of women, had provincial
offices, but the ministry and provincial line directorates suffered
from a lack of capacity and resources, despite efforts of the
international community to improve its capacity in line with national
priority programs. The provincial offices assisted hundreds of women by
providing legal and family counseling and referring women they could
not directly assist to relevant organizations.
The country has achieved substantial improvements in health over
the past decade, and public health statistics released in November
indicated a steep drop in maternal mortality. The overall health
situation of women and children remained poor, however, particularly
among nomadic and rural populations and those in insecure areas.
Similar to males, female life expectancy was 64 years of age. Rural
women continued to suffer disproportionately from insufficient numbers
of skilled health personnel, particularly female health workers.
Women and children were disproportionately the victims of
preventable deaths due to communicable diseases compared to men.
Although free health services were provided in public facilities, many
households could not afford certain costs related to medicines or
transportation to health care facilities, and many women were not
permitted to travel to health facilities on their own.
Children.--Birth Registration.--Citizenship is transmitted by a
citizen father to his child. Birth in the country or to a citizen
mother alone is not sufficient.
Education.--Education is mandatory up to the secondary level (six
years for primary school and three years for lower secondary), and the
law provides for free education up to and including the college level.
Boys made up nearly two-thirds of the school population. In most
regions boys and girls attended primary classes together but were
separated for intermediate and secondary-level education. The rate of
secondary school for boys was 10 times the rate for girls. NGOs
estimated that 2.5 million girls (only 42 per cent of all school-age
girls) were enrolled in school. Girls' enrollment dropped significantly
after the primary level, and only an estimated 12 per cent of all women
and girls age 15 or older were literate, according to NGOs.
The status of girls and women in education remained a matter of
grave concern. Key obstacles to girls' education included poverty,
early and forced marriage, insecurity, lack of family support, lack of
female teachers, and the long distance to school, according to a report
released in February by a consortium of NGOs based on interviews
conducted in 17 provinces in 2010. Only 30 percent of teachers were
female, and most of those taught in urban areas, compounding the plight
of schoolgirls in conservative rural areas where men did not teach
girls. Poor quality of education, the absence of schools that only
served girls, harassment, and lack of community support for girls'
access to education were also cited in the study. Violent attacks
against schoolchildren, particularly girls, also hindered access to
education.
Violence impeded access to education in increasing sections of the
country. The Taliban and other extremists threatened and attacked
school officials, teachers, and students, and burned both boys' and
girls' schools. The MOE reported that between March and October, 20
schools were attacked using explosives or arson, and insurgent attacks
killed 126 students. For example, on May 24, the head of a girls'
school in Logar province was shot near his home after receiving death
threats from the Taliban warning him to stop teaching girls.
NGOs and aid agencies reported that insecurity, conservative
attitudes, and poverty denied education to millions of school-age
children, mainly in the southern and southeastern provinces. An
estimated 60 percent of households in Helmand province reportedly did
not send their children to school during summer 2011. Security
concerns, particularly in Helmand, inhibited parents from sending their
children on long walks to schools separated by distances dictated by
the Ministry of Education. Abduction and molestation were both threats.
The lack of community-based, close-at-hand schools was only one aspect
of lower than optimum school attendance.
In some parts of the country, especially rural areas, schools were
closed due to societal bias or security issues. In some areas
individuals opened schools inside their homes or recruited local
mullahs as teachers. The media reported hundreds of schools re-opened
and attacks on schools declined in areas where local education leaders
negotiated with the Taliban. A Kabul-based think tank reported at
year's end that the government had struck deals over the years by which
insurgents would end attacks on state schools in exchange for a more
conservative religious curriculum and discretion in hiring Taliban-
approved teachers, an allegation which the MOE denied.
Child Abuse.--Child abuse was endemic throughout the country and on
the increase according to the AIHRC, based on cultural beliefs about
child-rearing. Such abuse included general neglect, physical abuse,
sexual abuse, abandonment, and confined forced labor to pay off family
debts. There were reports that police beat and sexually abused detained
children. During the year drought and food shortages forced many
families to send their children on to the streets to beg for food and
money. NGOs reported a predominantly punitive and retributive approach
to juvenile justice throughout the country. Although it was against the
law, corporal punishment in schools, rehabilitation centers, and other
public institutions remained common.
Sexual abuse of children remained pervasive. NGOs noted that most
child victims were abused by extended family members. During the year
the MOI recorded an estimated 100 cases of child rape in Kabul alone.
Reports from 13 other provinces totaled 470 cases of child rape. Final
reports from all the provinces were not available by year's end, but
the unreported numbers were believed to be much higher. On May 10, two
defendants in Kunar province were sentenced to 15 years in prison for
the kidnapping and rape of a 13-year-old boy. Most child sexual abusers
were not arrested, however, and there were reports that security
officials and those connected to the ANP raped children with impunity.
Media outlets continued to report that harems of young boys were
cloistered for ``bacha baazi,'' a practice in which young boys are sold
to powerful local figures and businessmen and trained to dance in
female clothes for male audiences and then used and traded for sex;
however, credible statistics were difficult to acquire as the subject
was a source of shame.
Child Marriage.--The legal age for marriage was 16 years for girls
and 18 years for boys. International and local observers estimated that
approximately 60 percent of girls were married younger than the age of
16. Under the EVAW, those who arrange forced or underage marriages may
be sentenced to imprisonment of not less than two years; but there has
been very limited, if any, implementation of this law. The Law on
Marriage states that marriage of a minor may be conducted by a
guardian.
By law the marriage contract requires verification that the bride
is 16 years of age; however, less than 10 percent of the population had
birth certificates. The custom of bride money motivated poor families
to pledge daughters as young as six or seven years old, with the
understanding that the actual marriage would be delayed until the child
reached puberty. However, reports indicated that this delay was rarely
observed and that young girls were sexually violated not only by the
groom but also by older men in the family, particularly if the groom
was also a child. There were reports that young girls who were married
between the ages of nine and 11 attempted self-immolation.
Sexual Exploitation of Children.--Although pornography is a crime,
child pornography is not specifically prohibited by law. Exploiting a
child for sex purposes, as is done with bacha baazi, also is not
specified as a crime under the law.
Displaced Children.--The Ministry of Labor, Social Affairs,
Martyrs, and Disabled's (MoLSAMD) estimated that the number of street
children in Kabul dropped during the year from previous NGO estimates
of 37,000 street children in urban areas, but no new survey had been
undertaken by the National Census Directorate at year's end. Street
children had little or no access to government services, although
several NGOs provided access to basic needs, such as shelter and food.
Overall, experts stated up to 40 percent of children worked to help
their impoverished families.
Living conditions for children in orphanages were poor. The MoLSAMD
oversaw 84 Child Protection Action Network (CPAN) centers and 70
residential orphanages, which were designed to provide vocational
training to children from destitute families. Of these, 30 were
privately funded orphanages and 40 were government-funded centers (but
operated by NGOs by agreement with the ministry). NGOs reported that up
to 80 percent of four-to 18-year-old children in the orphanages were
not orphans but were children whose families could not provide food,
shelter, or schooling. Children in orphanages reported mental,
physical, and sexual abuse; were sometimes trafficked; and did not
always have access to running water, winter heating, indoor plumbing,
health services, recreational facilities, or education.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip/.
Persons With Disabilities.--The constitution prohibits any kind of
discrimination against citizens and requires the state to assist
persons with disabilities and to protect their rights, including the
rights to health care and financial protection. The constitution also
requires the state to adopt measures to reintegrate and ensure the
active participation in society of persons with disabilities. The
MoLSAMD drafted and the cabinet approved a five-year National Action
Plan on March 16, which directs ministries to provide vocational
training, establish empowerment centers, distribute food, build
handicapped ramps in some government offices, conduct public awareness
programs about the disabled, and take other steps to assist Afghans
with disabilities.
The government and NGOs estimated that there were up to 900,000
mobility-impaired persons, of whom approximately 40,000 were limb
amputees. The MoLSAMD stated that it provided financial support to
79,202 individuals with disabilities. The MoLSAMD accorded special
treatment to families of those killed in war.
In the Meshrano Jirga, two of the presidentially appointed seats
were reserved for persons with disabilities.
National/Racial/Ethnic Minorities.Ethnic tensions between Pashtun
and non-Pashtun groups resulted in conflict and occasional killings.
The NGO Minority Rights Group's Peoples under Threat index identified
Afghanistan as a country where communities were most at risk of mass
killing, especially because of targeting of persons based on ethnicity
and religion.
Societal discrimination against Shia Hazaras continued along class,
race, and religious lines in the form of extortion of money through
illegal taxation, forced recruitment and forced labor, physical abuse,
and detention. Ethnic Hazaras reported occasionally being asked to pay
bribes at border crossings where Pashtuns were allowed to pass freely;
in Ghazni province in April, nomads reportedly attacked and burned 27
Hazara villages. Sikhs and Hindus reportedly continued to face
discrimination, including unequal access to government jobs and
harassment in their schools, as well as verbal and physical abuse in
public places. The UNHCR reported that Hindus, Sikhs, and Shia
Muslims--particularly those from the Hazara ethnic group--faced
official obstacles and discrimination by the Sunni Muslim majority.
Ismailis (a minority Shia Muslim group whose members follow the Aga
Khan) generally were not targeted or seriously discriminated against,
according to NGOs.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
homosexual activity, but authorities only sporadically enforced the
prohibition. Organizations devoted to the protection or exercise of
freedom of sexual orientation remained underground. There were reports
of discrimination or violence based on sexual orientation, including
police harassment of transvestites. Social taboos remained strong.
Other Societal Violence or Discrimination.--There were no known
instances of discrimination or violence against persons with HIV/AIDS,
but there was reportedly high social stigma against persons with AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The 2007 labor law allows workers to join and form unions under the
2002 Social Organizations Law, and the government allowed several
unions to operate without interference. However, the law provides no
definition of a union or its relationship with employers and members.
The country lacked a tradition of genuine labor-management bargaining.
The law does not prohibit antiunion discrimination or provide for
reinstatement of workers fired for union activity.
Although articles 145 and 146 of the labor law identify the Labor
High Council established in the MoLSAMD as the highest labor tribunal
and the MoLSAMD's Monitoring and Guidance Authority as the body
investigating labor disputes, no implementing regulation to establish
the council has been drafted.
Implementation of labor laws remained a problem due to lack of
implementing regulations, funding, personnel, political will, and
central enforcement authority.
In practice, the government allowed several unions to operate
without interference. Freedom of association and the right to
collective bargaining were respected. However, workers were generally
not aware of their rights.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits all forms of forced or compulsory labor; however, penal
sanctions involving compulsory labor exist as a punishment for persons
expressing political views or ideology against the state. The law does
not stipulate penalties for forced labor. Government enforcement of the
law was ineffective. Afghanistan's Law Countering Abduction and Human
Trafficking (2008) prescribes penalties of ``maximum term''
imprisonment for labor trafficking, which in practice is between eight
and 15 years.
Compulsory labor was used in practice. Men, women, and children
were forced into poppy cultivation, domestic work, drug trafficking,
and sexual exploitation. Reports document the practice of bonded labor,
whereby customs allow for families to force men, women, and children to
work as a means to pay for debt or to settle grievances. The debt can
continue from generation to generation, whereby children are forced to
work to pay off their parents' debt. In addition forced child labor
existed in sectors such as agriculture, brick kiln work, carpet
weaving, domestic service, and organized begging.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
labor law sets the minimum age for employment at 18 years but permits
14-year-olds to work as apprentices, allows children 15 years and older
to do ``light work,'' and permits children ages 16 to 18 to work up to
35 hours per week. Children younger than age 13 are prohibited from
work under any circumstances. The labor law prohibits the employment of
children in work likely to threaten their health or cause disability;
however, there was no defined list of hazardous jobs.
The government lacked a specific policy on implementing the law's
provisions on child labor, and the Ministry of Labor's inspection
function was weak. Generally poor institutional capacity was a serious
impediment to effective enforcement of the labor law. In addition fewer
than 10 percent of children in the country had formal birth
registrations, further limiting authorities' already weak capacity to
enforce laws on the minimum age of employment.
Child labor remained a pervasive problem in practice. According to
UNICEF estimates, at least 30 percent of primary school-age children
undertook some form of work, and there were more than one million child
laborers younger than the age of 14. There were approximately 1.2
million children engaged in full- or part-time work. A 2010 study by
the AIHRC found that an even larger portion of the country's 15 million
children--up to 40 percent--were likely to be engaged in some sort of
paid work.
Child laborers worked as domestic servants, street vendors,
peddlers, and shopkeepers, as well as in carpet weaving, brick making,
and poppy harvesting. Children were also heavily employed in
agriculture, mining (especially family-owned gem mines), and organized
begging rings. Some sectors of child labor exposed children to land
mines. Children faced numerous health and safety risks at work.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm
d. Acceptable Conditions of Work.--The minimum wage for government
workers was 5,000 afghanis ($108) per month. No minimum wage was set
for the private sector; however, the labor law states the minimum wage
of the private sector may not be less than the minimum wage of the
government sector. The labor law makes no mention of informal sector
day workers, leaving them completely unprotected.
The law defines the standard workweek for both public-sector and
private-sector employees as 40 hours: eight hours per day with one hour
for lunch and noon prayers. Reduced standard workweeks were stipulated
for youth, pregnant women, nursing mothers, miners, and others in other
occupations that present health risks. The law provides workers the
right to receive wages, annual vacation time in addition to national
holidays, compensation for injuries suffered in the line of work,
overtime pay, health insurance for the employee and immediate family
members, per diem for official trips, daily transportation, food
allowances, night shift differentials, retirement rights, and
compensation for funeral expenses in case of death while performing
official duties. There were no officially adopted occupational health
and safety standards and no regulations for occupational health and
safety.
Employment was at will, and the MoLSAMD did not enforce the
existing legal protections for workers, including in the informal
sector. Citizens generally were not aware of the full extent of their
labor rights under the law. Workers did not have the right to remove
themselves from situations that endangered their health or safety
without jeopardizing their employment, as all employment could be
terminated without cause.
Labor violations against migrant workers were common in practice.
__________
BANGLADESH
executive summary
Bangladesh is a parliamentary democracy. Prime Minister Sheikh
Hasina Wazed led the Awami League (AL) alliance, a 14-party coalition
with an overwhelming majority of parliamentary seats. International and
domestic observers considered the 2008 elections to be free and fair,
with isolated irregularities and sporadic violence. There were
instances in which elements of the security forces acted independently
of civilian control.
The most significant human rights problems were killings and
torture by security forces; societal violence and discrimination
against women, despite recent progress in their economic and social
status; and the government's discrimination against and failure to
protect indigenous persons from societal violence.
Other human rights problems included abuses by security forces,
which were responsible for disappearances, custodial deaths, and
arbitrary arrest and detention. Prison conditions at times were life
threatening, and lengthy pretrial detention continued to be a problem.
An increasingly politicized judiciary exacerbated problems in an
already overwhelmed judicial system and constrained access to justice
for members of opposition parties. Authorities infringed on citizens'
privacy rights. There were instances in which the government limited
freedom of speech and press, self-censorship continued, and security
forces harassed journalists. The government curbed freedom of assembly,
and politically motivated violence remained a problem. Widespread
official corruption remained a serious problem. Violence against
children remained a serious problem, as did trafficking in persons.
Discrimination against persons with disabilities was a problem.
Societal violence against religious and ethnic minorities persisted,
although many government and civil society leaders stated that these
acts often had political or economic motivations and could not be
attributed only to religious belief or affiliation. Discrimination
against persons based on their sexual orientation remained a problem.
Limits on worker rights, child labor, and unsafe working conditions
also remained problems.
Impunity continued to be a serious problem in several areas. Most
members of the security forces acted with impunity, the Rapid Action
Battalion (RAB) in particular. The government did not take
comprehensive measures to investigate cases of security force killings.
Widespread official corruption and related impunity continued.
Punishment of officials who committed abuses was predominantly limited
to officials perceived to be opponents of the AL-led government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--Members of the
security forces committed numerous extrajudicial killings. Police,
Border Guard Bangladesh (BGB) forces (the former Bangladesh Rifles),
and the RAB at times used unwarranted lethal force.
Allegations about the RAB's arbitrary actions were numerous. For
example, according to Odhikar, a domestic human rights organization,
members of the RAB shot and killed Mohammad Shafiqul Islam, a local
politician from Comilla, on April 4 in Narayanganj District near Dhaka
City. The RAB picked up Shafiqul, who was named in several criminal
cases filed by a political rival, in the Demra neighborhood in Dhaka
City and took him to a village. According to company commander Arman
Uddin Chowdhury, Shafiqul was killed in a shootout between the RAB and
a group of ``robbers.'' The RAB did not state whether or not he was a
participant in the shootout, but the official statement included
references to the previous criminal cases filed against him. A
coroner's inquest determined that Shafiqul was shot five times. Human
rights organizations called for a formal, transparent investigation
into the death, but there was no investigation by year's end.
The government did not release statistics for total killings by all
security personnel. The government did not take comprehensive measures
to investigate cases. According to the media and local human rights
organizations, no case resulted in criminal punishment, and in the few
instances in which the government brought charges, those found guilty
generally received administrative punishment. Most members of the
security forces acted with impunity. Since 2004, when the minister for
law, justice, and parliamentary affairs stated that crossfire deaths
under the custody of the RAB or the police could not be considered
custodial deaths, the government has not disclosed any prosecution of a
RAB officer for a killing.
According to media reports, local and international human rights
organizations, and the government, the RAB killed 43 persons during the
year, compared with 68 the previous year. Combined security units
containing RAB members killed eight persons during the year. The
deaths, some under unusual circumstances, occurred during raids,
arrests, and other law enforcement operations, or, in some cases, while
the accused was in custody. The government often described these deaths
as ``crossfire killings,'' ``gunfights,'' or ``encounter killings,''
terms it used to characterize exchanges of gunfire between the RAB or
police and criminal gangs.
For example, according to press and human rights organization
reports, the RAB shot and killed five men in the Uttara neighborhood of
Dhaka City on August 12. According to the RAB, officers fired on the
vehicle containing Mohammad Hasan, Mostofa Hossain, Suruj Miah, Sabuj,
and Mohammad Maruf after the victims initiated the gunfire; however, a
report by the Daily Star cited eyewitnesses disputing the claim, saying
that the victims were shot from a short distance and did not fire any
shots. Non-RAB law enforcement officials were responsible for 33
deaths, 15 of which were attributed to crossfire incidents.
According to the human rights organization Ain O-Shalish Kendra
(ASK), 216 deaths occurred in custody during the year, including 116
deaths in prison. Many of the deaths were allegedly the result of
torture (also see section 1.c.).
According to the Daily Star, Mohammad Mobarak Ali died in police
custody in Chittagong on April 30. Mobarak, a rickshaw puller, was
detained on drug-related charges, and his body showed signs of beating
after his initial period in custody. After his death the police report
stated that he died of ``drug dependency withdrawal syndrome'';
however, according to the Daily Star report, Mobarak was not a drug
user.
The case concerning the May 2010 death in custody of Mohammad Manik
continued. Manik allegedly was tortured to death by Subinspector Yunus
Miah.
There were no developments concerning the May 2010 death of Abul
Kalam Azad. Azad's family claimed that the RAB tortured him to death.
According to Odhikar, an inquiry committee formed to investigate
the death of Mohammad Mizanur Rahman, allegedly shot by police
Subinspector Anisur Rahman during interrogation in June 2010,
determined that Mizanur died from bullets fired by ``muggers.''
There were a significant number of reports of killings involving
political party supporters targeting other political party supporters,
although there was no evidence of support from party leadership.
Politically motivated violence decreased from the previous year;
however, the trend was an increase in such violence since the AL
government assumed office, with opposition party supporters claiming
attacks and harassment by ruling party supporters. Motivations for the
violence often were unclear. According to Odhikar, 135 deaths were
suspected of being politically motivated, compared with 220 the
previous year. There were also 340 incidents of internal violence in
the AL and 104 within the Bangladesh Nationalist Party (BNP). Twenty-
two persons were killed and 3,770 persons injured in AL internal
conflict, and three persons were killed and 1,234 persons injured in
internal BNP violence. Incidents of nonlethal politically motivated
violence also occurred (see section 1.c.).
Violence along the border with India remained a problem, but
following a series of intergovernmental meetings, the number of
incidents decreased by approximately 58 percent compared with the
previous year. There were reports that the BGB engaged in shootings
along the border.
According to human rights organizations, the Indian Border Security
Force killed 31 Bangladeshis during the year, compared with 98 the
previous year. For example, according to Odhikar, on January 7, Indian
forces shot and killed 15-year-old Felani Khatun as she attempted to
cross the border fence. Felani's body hung from the fence for five
hours before Indian authorities transferred her to their Bangladeshi
counterparts.
b. Disappearance.--Disappearances and kidnappings, many allegedly
by the security services, increased during the year, but precise
figures were unavailable. At least some of the kidnappings were
politically motivated, although many were often for money or as a
result of localized rivalries. According to Odhikar, there were 30
disappearances with alleged ties to security personnel, compared with
nine in 2010. According to the RAB, the organization was accused of
disappearances that were the responsibility of private citizens who
impersonated its forces.
For example, according to Odhikar, on February 15, the RAB detained
Mohammad Rafiqul Islam, an imam and salesman in the North Shahjahanpur
neighborhood of Dhaka City. Eyewitnesses and a police report filed by
the victim's son-in-law stated that RAB officers, some in civilian
dress and others in RAB uniforms, detained Rafiqul and forced him into
a covered pickup truck. The RAB denied arresting him. Rafiqul's
whereabouts remained unknown at year's end.
The whereabouts of Mohammad Chowdhury Alam, a BNP city councilor in
Dhaka allegedly detained by the RAB in June 2010, remained unknown as
of year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits torture and cruel,
inhuman, or degrading punishment, security forces, including the RAB
and police, frequently employed torture and severe physical and
psychological abuse during arrests and interrogations. Security forces
used threats, beatings, and electric shock. According to Odhikar,
security forces tortured at least 46 persons. The government rarely
charged, convicted, or punished those responsible, and a climate of
impunity allowed such abuses by the RAB and police to continue.
The criminal procedure code contains provisions allowing a
magistrate to place a suspect in interrogative custody, known as
remand, during which the suspect could be questioned without his or her
lawyer present. During the year the government made efforts to limit
the amount of time allowed for remand; however, these efforts were
largely ignored by local magistrates. Most abuses occurred during
periods of remand.
For example, according to press and human rights reports, Momtaz
Uddin Ahmed, a Supreme Court lawyer affiliated with the opposition BNP,
died on August 26, 15 days after he was detained and interrogated by
the Dhaka Metropolitan Police. Ahmed's family alleged that he was
tortured, causing him to suffer a heart attack. Ahmed's wife filed a
case against the home minister seeking restitution. The police denied
torturing Ahmed, and the results of a Home Ministry investigation into
the matter were inconclusive as of year's end.
A Home Ministry-formed investigation committee concluded an inquest
into the alleged torture and killing of Mohammad Mohiuddin Arif by the
RAB in January 2010. The National Human Rights Commission filed an
application to have the death investigated. The Home Ministry had not
published the report as of year's end.
Salahuddin Quader Chowdhury remained incarcerated awaiting war
crimes charges related to the country's 1971 war of independence.
Chowdhury's family alleged that he was tortured during his initial
interrogation, but police denied the charges. Chowdhury was later moved
into protective custody and allowed medical treatment, but serious
concerns regarding his health persisted.
According to Odhikar, there were at least four recorded incidents
of rape and sexual abuse by police officers and armed forces personnel.
There were also incidents of nonlethal politically motivated
violence. For example, according to press and human rights organization
reports, police officers brutally beat Zainul Abdin Farroque, an
opposition BNP member of parliament (MP) and the party's chief whip,
while he was leading a procession near parliament during the BNP's July
6 nationwide strike. Farroque sustained serious cranial trauma and
subsequently left the country to seek medical treatment. According to
Amar Desh, a BNP-leaning daily newspaper, the two police officers
involved were both former Bangladesh Chhatra League (BCL) leaders from
Kishoreganj District in Dhaka Division. The police later filed a case
accusing Farroque of obstructing the officers in the performance of
their duty. The case was pending year's end.
Individual members of student wings from all major parties were
responsible for numerous acts of on-campus violence. In 2010 auxiliary
student wings were formally severed from the political parties, and
according to media and human rights sources, many incidents of violence
were related to criminal activities or personal as opposed to political
vendettas. Despite the formal separation, some politicians representing
all major parties mobilized members of student wings for movements and
demonstrations.
For example, according to Odhikar, on August 14, in Sunamganj
District in Sylhet Division, activists from the BCL, the ruling AL's
auxiliary student wing, attacked a meeting of the Committee for the
Protection of Oil, Gas, Mineral Resources, Power, and Port, an
organization that opposed the government's energy policies. The BCL
activists stormed the meeting and violently dispersed those in
attendance, injuring seven persons.
Prison and Detention Center Conditions.--Prison system conditions
remained life threatening at times due to overcrowding, inadequate
facilities, and lack of proper sanitation. Human rights observers
stated that these conditions contributed to custodial deaths.
According to Odhikar, 105 persons died in prison and 140 persons
died in the custody of police and other security forces during the
year, compared with 46 prison deaths and 109 custodial deaths in 2010.
According to the government, the existing prison population at
year's end was 69,850, or more than 237 percent of the official prison
capacity of 29,450. Of the entire prison population, approximately one-
third of the detainees had been convicted. The rest were either
awaiting trial or detained for investigation. Due to the severe backlog
of cases, individuals awaiting trial often spent more time in jail than
if they had been convicted and served a maximum sentence. In most cases
prisoners slept in shifts because of the overcrowding and did not have
adequate bathroom facilities. Conditions in prisons varied widely often
within the same prison complex as some prisoners were subject to high
temperatures, poor ventilation, and overcrowding while others were
placed in ``divisional'' custody, which featured better conditions,
such as increased family visitation and access to household staff.
Political and personal connections often influenced the conditions in
which a prisoner would be placed. All prisoners have the right to
medical care and water access. Human rights organizations and the media
stated that many prisoners did not enjoy these rights, and available
water was often nonpotable.
The law requires that juveniles be detained separately from adults,
but in practice many juveniles were incarcerated with adults. More than
300 children were imprisoned (some with their mothers), despite laws
and court decisions prohibiting the imprisonment of minors. In some
places the figure was much higher, mainly because there was no proper
means of recording age in the criminal justice system. According to
statistics from the 2008 International Centre for Prison Studies
report, minors made up 0.4 percent of the prison population.
Although the law prohibits women in ``safe custody'' (usually
victims of rape, trafficking, and domestic violence) from being housed
with criminals, in practice officials did not always provide separate
facilities in these situations. According to Odhikar there were 2,402
women incarcerated in prisons.
Prisoners were permitted religious observance. Prisoners were
allowed to submit uncensored complaints to authorities, and the
authorities occasionally investigated these complaints.
In general the government did not permit prison visits by
independent human rights monitors, including the International
Committee of the Red Cross. Government-appointed committees composed of
prominent private citizens in each prison locality monitored prisons
monthly but did not publicly release their findings. District judges
occasionally visited prisons but rarely disclosed their findings to the
public.
There were few efforts to improve the prison system during the
year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention; however, the law permits authorities to
arrest and detain persons suspected of criminal activity without an
order from a magistrate or a warrant.
Legal experts and human rights activists criticized the use of
mobile courts during opposition party-imposed nationwide strikes.
Mobile courts headed by magistrates were employed to prosecute persons
who illegally tried to support the strikes by rendering verdicts on the
spot, which often included prison terms.
For example, according to Odhikar, a mobile court interdicted
Khandaker Ashaduzzaman during a nationwide strike on July 5 and accused
him of arson. According to numerous eyewitnesses, Ashaduzzaman was not
in the vicinity of the arson incident; however, the mobile court
summarily sentenced him to six months' imprisonment. Ashaduzzaman
accused the police of torture and remained in prison at year's end.
Role of the Police and Security Apparatus.--Police are organized
nationally under the Ministry of Home Affairs (MOHA) and have a mandate
to maintain internal security and law and order. The army is
responsible for external security but also has some domestic security
responsibilities, such as in the Chittagong Hills Tracts. Police
generally were ineffective and reluctant to investigate persons
affiliated with the ruling party. Impunity was widespread among the
security forces. Although mechanisms exist to investigate abuses by
security forces, in practice these were not implemented. The government
took some steps to improve police professionalism, discipline,
training, and responsiveness and reduce corruption. For instance, the
RAB sought technical assistance towards the creation of an internal
affairs unit.
In Natore District's Barigram subdistrict, the case concerning the
October 2010 murder of subdistrict chairman Sanaullah Noor Babu in an
attack on a BNP rally by the BCL stalled, as all 27 accused were
granted bail. Video of the incident was dispersed on the Internet
showing a local AL leader beating Babu to death. Local authorities told
the media that the case would move forward but did not offer a
timeline. The local Awami League MP later addressed a rally of AL
activists, telling them they had ``nothing to worry about'' over the
incident.
In August 2010 the AL-led government withdrew charges previously
filed against AL activists for firing on a BNP rally in Dhaka's
Malibagh neighborhood in 2001, terming the charges politically
motivated. Witness and media reports placed the 23 prominent AL
activists accused, include an AL MP, at the forefront of a group that
fired on the BNP rally, killing four persons and wounding four others.
Newspapers published photographs from the incident that showed many of
the accused brandishing firearms. The four murder cases stalled in the
absence of accused parties.
Tangail District's Ahmadi community experienced three waves of
coordinated attacks in June, August, and October 2010. In each incident
the attackers entered Ahmdi villages, targeting male members of the
sect for beatings and vandalized homes and religious institutions. The
attacks left more than 20 persons injured. The community reported the
attacks to the police, but no arrests were made.
Plaintiffs rarely accused police in criminal cases due to lengthy
trial procedures and fears of retribution. Reluctance to bring charges
against police perpetuated a climate of impunity.
Security forces frequently failed to prevent societal violence (see
section 2.d.).
Arrest Procedures and Treatment While in Detention.--The law
provides for arrest on suspicion of criminal activity without an order
from a magistrate or a warrant, and the government regularly used such
provisions. The government or a district magistrate may order a person
detained for 30 days to prevent the commission of an act that could
threaten national security; however, authorities held detainees for
longer periods. The magistrate must inform the detainee of the grounds
of detention, and an advisory board is required to examine the
detainee's case after four months. Detainees had the right to appeal.
ASK and media outlets estimated that authorities made more than
2,000 routine arrests daily. The majority of those arrested were
released within one or two days, often on payment of a bribe.
On September 19, the AL government carried out a mass arrest of
Jamaat-e-Islami activists after the organization's student front
clashed violently with police.
There was a functioning bail system in the regular courts. For
example, the courts granted bail to almost all of the officials and
former officials accused of corruption under the caretaker government;
however, the system sometimes moved slower in cases that carried
political implications. Additionally the attorney general ordered that
his office have the final decision on bail cases for violations of the
code of criminal procedure.
Most criminal detainees charged with crimes were granted access to
attorneys. The government rarely provided detainees with state-funded
defense attorneys, and there were few legal aid programs for detainees.
Government-funded legal aid programs received little funding, and there
were no efforts to expand those programs during the year. The
government generally permitted lawyers to meet with their clients only
after formal charges were filed in the courts, which in some cases
occurred several weeks or months after the initial arrest.
Arbitrary Arrest.--Arbitrary arrests were common, and the
government held persons in detention without specific charges, often to
collect information about other suspects.
Pretrial Detention.--Arbitrary and lengthy pretrial detention
continued to be a problem due to bureaucratic inefficiencies, limited
resources, lax enforcement of pretrial rules, and corruption. There
were an estimated two million pending civil and criminal cases. A 2008
estimate from the International Center for Prison Studies found that
nearly 70 percent of prison inmates were in pretrial detention.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but in practice a longstanding temporary
provision of the constitution placed the executive in charge of the
lower courts, judicial appointments, and compensation for judicial
officials. Legislation from 2007 officially separating the judiciary
from the executive remained in effect throughout the year.
Despite ostensible separation of the judiciary from the executive,
the political authority made judicial appointments to the higher courts
and allegedly influenced many judicial decisions on politically
sensitive cases, including decisions regarding bail and detention for
political opponents of the government. On October 20, 10 additional
judges appointed by the AL-led government were sworn into the High
Court Division of the Supreme Court. The Supreme Court Bar Association
declined to participate in the customary felicitation of the judges,
citing the panel's alleged political makeup.
Throughout the year President Zillur Rahman granted clemency in
cases filed under previous governments that the government deemed
politically motivated. The majority of clemencies were granted to
persons affiliated with the AL, and many clemencies drew widespread
criticisms from civil society.
Human Rights Watch reported that defense counsel for Jamaat-e-
Islami leaders accused of war crimes suffered intimidation from law
enforcement and government officials.
Corruption and a substantial backlog of cases hindered the court
system, and trials were typically marked by extended continuances that
effectively prevented many defendants from obtaining fair trials due to
witness tampering, victim intimidation, and missing evidence. Human
rights observers stated that magistrates, attorneys, and court
officials demanded bribes from defendants in many cases filed during
the year.
Trial Procedures.--The law provides accused persons with the right
to be represented by counsel, review accusatory material, call or
question witnesses, and appeal verdicts. Cases are decided by judges
rather than juries, and trials are public. In practice a public
defender is rarely provided to defendants. Defendants are presumed
innocent and have the right to appeal, be present, and see the
government's evidence.
According to the National Human Rights Commission, 90 percent of
those eventually brought to trial were not convicted.
Political Prisoners and Detainees.--During the year the government,
through an interministerial committee, continued to identify and
withdraw allegedly ``politically motivated'' cases initiated under the
caretaker government. The majority of the cases recommended for
withdrawal were against AL members. While political affiliation was
often a factor in the arrest and prosecution of members of the
opposition parties, no persons were prosecuted solely for political
reasons.
Civil Judicial Procedures and Remedies.--Administrative and
judicial remedies are available for alleged wrongs. The government did
not interfere with civil judicial procedures. Corruption and outside
influence were problems in the civil judicial system. Alternative
dispute resolution for civil cases allows citizens to present their
cases for mediation. According to government sources, wider use of
mediation in civil cases quickened the administration of justice, but
there was no assessment of its fairness or impartiality. Individuals
and organizations have the right to seek civil remedies for human
rights violations; however, the civil court system was slow and
cumbersome, deterring many from filing cases.
Property Restitution.--The government continued to take no action
to compensate individuals, primarily Hindus, who lost their land under
the 1974 Vested Property Act, despite the change to the law in 2001
requiring the return of the land (see section 2.d.).
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law allows intelligence and law enforcement
agencies to monitor private communications with the permission of the
chief executive of the MOHA.
According to media reports, the government established a national
monitoring center consisting of representatives from law enforcement
and intelligence agencies to monitor and coordinate telephone taps in
2008. Media and human rights groups complained that the government
continued to employ the practice of illegal telephone tapping. Police
rarely obtained warrants as required, and officers who violated these
procedures were not punished. Human rights organizations indicated that
the special branch of police, National Security Intelligence, and the
Directorate General Forces Intelligence employed informers to conduct
surveillance and report on citizens perceived as critical of the
government. The government also routinely conducted surveillance on
opposition politicians. Human rights organizations and news outlets
reported that police often entered private homes without obtaining the
proper authorization.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the government frequently failed to respect these rights in practice.
Freedom of Speech.--The 15th constitutional amendment, which
parliament passed in July, contained language equating criticism of the
constitution with sedition. Under the penal code, the punishment for
sedition ranges from three years' to life imprisonment, and during the
year sedition cases were filed against opposition leaders who made such
critical remarks.
Freedom of the Press.--There were hundreds of daily and weekly
independent publications. Newspapers critical of the government
experienced negative government pressure. In addition to one official
government-owned news service, there were two private news services. In
2010 Reporters Without Borders noted a slight decline in the country's
already limited level of press freedom. In Freedom House's 2010 press
freedom report, the country's press was described as only partly free.
The government owned one radio station and one television station.
The law mandates that the public television station, BTV, remain the
country's only terrestrial (nonsatellite) broadcast channel. An
estimated 60 percent of the population did not have access to private
satellite channels, and surveys indicated that almost 80 percent of
citizens received their information from television. BTV broadcasts
parliamentary sessions and government programming but rarely broadcasts
opposition views. Cable operators generally functioned without
government interference. The government required all private stations
to broadcast, without charge, selected government news programs and
speeches by the prime minister.
Since coming to power in 2009, the AL-led government has shut two
television channels, Channel 1 and Jamuna-TV. Both remained off the air
at year's end.
The government issued new licenses to operate television channels
to political supporters and denied new licenses to political opponents.
This conformed to past practice and was not unique to the AL.
Violence and Harassment.--Attacks on journalists continued to be a
problem. There was an increase in individuals affiliated with the
government or ruling party harassing, arresting, or assaulting
journalists. According to Odhikar and media watchdog groups, at least
one journalist was killed, 139 were injured, one was arrested, 43 were
assaulted, 53 were threatened, and 23 had cases filed against them
during the year. Student groups also attacked journalists. The
government did not provide adequate protection to journalists.
Journalists perceived to be critical of the government and those
aligned with the opposition alleged harassment from unspecified wings
of the security forces and members of the ruling party. For example, on
May 20, the prime minister's security adviser, Tarique Ahmed Siddique,
held a press conference to announce that the government possessed
evidence that a prominent editor of a national daily newspaper was
closely tied to Islamic militancy and that, if it wanted to, the
government could arrest the editor. Siddique did not name the editor
and no arrests were made.
On July 31, authorities arrested Ekramul Haq, the editor of the
online news portal SheershaNews, on an extortion charge, which was
widely perceived as fabricated, in retaliation for Haq's reports on
corruption within various government ministries. Authorities revoked
the press credentials of SheershaNews journalists, making it impossible
to cover official events and forcing the news agency to shut down
indefinitely. Haq was released on bail, but the cases remained pending
at year's end.
On September 12, members of the RAB in Dhaka assaulted a broadcast
engineer for the channel BanglaVision. The officers also damaged
broadcasting equipment. The reason for the assault was unclear;
however, RAB officials later apologized to BanglaVision and reassigned
the officers responsible.
According to press and human rights organization reports, on June
3, a group of activists tied to local AL leader Ali Hossain in Kushtia
District of Khulna Division attacked and injured Tauhidi Hasan, the
local correspondent for Prothom Alo; Sheikh Belal Hossain, the local
correspondent for RTV; Jahirul Islam, the local correspondent for
Ekushey TV; and Ahmed Sajeeb, a cameraman for Ekushey TV. Following the
attack, Hasan was admitted to the hospital. The journalists were
investigating irregularities and discrepancies in local government
tenders.
Censorship or Content Restrictions.--According to some journalists
and human rights nongovernmental organizations (NGOs), journalists
engaged in self-censorship due to fear of retribution from the
government. Although public criticism of the government was common, the
media--particularly print media--depended on government advertisements
for a significant percentage of their revenue. As a result the media
had a strong incentive for self-censorship.
The government did not subject foreign publications and films to
stringent reviews and censorship. A government-managed film censor
board reviewed local and foreign films and had the authority to censor
or ban films on the grounds of state security, law and order, religious
sentiment, obscenity, foreign relations, defamation, or plagiarism, but
this was less strict than in the past. In practice video rental
libraries and DVD shops stocked a wide variety of films, and government
efforts to enforce censorship on rentals were sporadic and ineffective.
According to a published Agence France-Presse report, the
Bangladesh Film Censor Board issued a July ruling banning Hridoy Bhanga
Dhew (Heart Breaking Wave), citing content that mocked ruling party
officials. Members of the censor board identified a coat, often
identified with independence leader and AL founder Sheikh Mujibur
Rahman, which was worn by the film's villain, as the offending content.
The film was eventually released.
The government only rarely exercised censorship in cases of
immodest or obscene photographs, perceived misrepresentation or
defamation of Islam, or objectionable comments regarding national
leaders.
Internet Freedom.--Although individuals and groups generally could
engage in the expression of views via the Internet, local human rights
organizations reported continued government monitoring of Internet
communications. The government blocked some Facebook pages, including
pages depicting the Prophet Muhammed and pages critical of both the
prime minister and opposition leader. Opposition leaders alleged that
security forces attempted to collect their personally identifiable
information; however, these allegations were not independently
verified.
Academic Freedom and Cultural Events.--The government did little to
limit academic freedom or cultural events; however, media groups
reported that authorities discouraged research on sensitive religious
and political topics. Additionally, a significant number of Dhaka
University teachers, some with overt BNP affiliations, have been
dismissed or put on extended leave since the AL-led government assumed
office in 2009; however, it was unclear whether the concerned teachers
were targeted because of their political affiliations.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice; however, at times the
government limited freedom of assembly.
Freedom of Assembly.--The government generally permitted rallies to
take place but on occasion used the criminal procedure code to prevent
opposition political groups from holding meetings and demonstrations.
The code authorizes the administration to ban assembly of more than
four persons; according to ASK, the administration used this provision
at least 133 times during the year. At times police or ruling party
activists used force to disperse demonstrations.
A ban on student protests in certain areas of Dhaka, issued by the
Dhaka Metropolitan Police in 2010 citing traffic concerns, remained in
effect throughout 2011. It was only selectively enforced. Police
occasionally used excessive force during political rallies.
The Islamist Party, Jamaat-e-Islami, reported that its ability to
secure permits for rallies or processions was severely hampered
throughout the year.
Freedom of Association.--The law provides for the right of every
citizen to form associations, subject to ``reasonable restrictions'' in
the interest of morality or public order, and the government generally
respected this right. Individuals were free to join private groups.
Trade unions were able to conduct their normal activities, but the law
made it nearly impossible to form new trade unions in many sectors,
such as the ready-made garment industry.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice, except in the cases of some opposition political figures.
Foreign Travel.--With the 1971 war crimes trials underway, the
government implemented an international travel ban on war crimes
suspects, most of whom were opposition party leaders. These suspects
were not stripped of their passports, but immigration officials at the
airport in Dhaka occasionally prevented politicians belonging to the
opposition BNP and Jamaat-e-Islami from leaving the country. For
example, in early June senior BNP leader Giasuddin Quader Chowdhury was
taken from a plane despite a court order allowing him to travel.
Chowdhury's appeals to the government that he be allowed to travel for
medical purposes were unresolved as of year's end. Some politicians
successfully challenged the unannounced restrictions on their travel
abroad and managed to depart and return to the country.
The country's passports were invalid for travel to Israel.
Internally Displaced Persons (IDPs).--According to the
International Displacement Monitoring Center (IDMC) Web site, armed
conflict broke out in the Chittagong Hill Tracts (CHT) in 1973 as the
government opposed the demands of the indigenous Jumma community for
greater autonomy. During the conflict throughout the 1970s and 1980s,
the government relocated landless Bengalis from the plains, ensuring
that the Jumma became a minority in the CHT. During this period clashes
with army-backed settlers displaced tens of thousands of Jumma within
the country.
The number of IDPs in the region was disputed. In 2000 a government
task force estimated the number to be 500,000 but included
nonindigenous persons in its estimate. During the same year, Amnesty
International reported that there were approximately 60,000 indigenous
IDPs. In 2008 the government pledged assistance and reparation to those
who lost their land during the conflict and set up a commission and
task force for rehabilitation of returnee Jumma IDPs and the
elimination of military camps. According to the IDMC, however, as of
2009 there were still approximately 300 military camps in the region,
and the work of the land commission and task force was hindered by lack
of funding and human resources.
The IDMC also reported that there was ``possibly a much larger
number'' of members of religious minorities across the country who may
have been ``forcibly displaced'' as a result of discriminatory
legislation. The Hindu community in particular lost much of its land
under the 1974 Vested Property Act, which authorized government
confiscation of property from individuals it deemed ``enemies of the
state.'' According to the IDMC, almost 750,000 Hindu families were
dispossessed of agricultural land. There was no systematic reporting on
the treatment of these widely scattered IDPs.
On November 28, the parliament passed the Vested Properties Return
(Amendment) Bill mandating the preparation of district level lists
detailing land displacement in order to facilitate the return of land.
The original Vested Properties Return Bill was passed in 2001 but
remained unimplemented in the interim. Land Minister Rezaul Karim Hira
stated that the bill was amended in order to restart the effort to
return the land.
IDPs in the CHT had limited physical security. The IDMC reported
that the army still held authority over the general CHT administration,
through an administrative order, and there were many reported cases of
IDPs being subjected to arbitrary arrest, unlawful detentions, torture,
rape, killing, and religious persecution (see section 6). According to
the IDMC, several reports indicated that these violations of the rights
of indigenous persons by settlers, sometimes with the involvement of
security forces, were ``systematic.''
There was no government action to punish the perpetrators of the
February 2010 arson attacks on more than 200 homes of indigenous IDPs
in Baghaihat, in which two persons were killed and dozens injured.
IDPs in the CHT also lack access to courts and legal aid. According
to the IDMC, the CHT commission, composed of experts from inside and
outside Bangladesh who seek to promote respect for human rights,
democracy, participatory development, and land rights in the CHT, found
that the lack of information and available lawyers to assist the
indigenous persons there hindered their access to justice.
A 2011 study commissioned by the CHT commission entitled Alienation
of the Lands of Indigenous Peoples in the Chittagong Hill Tracts
documented the incremental methods used to internally displace the
indigenous communities. According to the study, indigenous land was
expropriated using false title manipulation, intimidation, force,
fraud, and manipulation of government eminent domain claims.
Protection of Refugees.--Access to Asylum.--In the absence of any
national legislation, the law does not provide a legal framework for
the granting of asylum or refugee status. The government has no formal
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 freedoms 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 U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in providing protection and assistance to
refugees; however, delays in granting approvals by the government's NGO
Affairs Bureau led to extended delays in allowing NGOs to operate in
the country and implement assistance programs.
The government estimated that 200,000 to 500,000 undocumented
Rohingya resided in the country, with most living among the local
population in the surrounding area of Teknaf and Cox's Bazar, including
approximately 20,000 at an unofficial site adjacent to the official
Kutupalong refugee camp. International NGOs generally were unable to
work officially with unregistered refugees or with the impoverished
host community because the NGO Affairs Bureau refused to grant
permission for such projects. There were no repatriations of Rohingya
during the year, and the UNHCR's resettlement program, suspended in
2010 by the Ministry of Foreign Affairs pending a review of its refugee
policy, was not resumed. No refugee policy was issued by year's end,
and resettlement remained suspended.
Working with the UNHCR, the government provided temporary
protection to approximately 29,000 registered Rohingya refugees at two
official refugee camps and to individual asylum seekers that the UNHCR
interviewed and recognized as refugees on a case-by-case basis.
According to the UNHCR, there were some discrepancies between the
government's official list of registered refugees and the UNHCR's list.
The UNHCR worked to resolve these discrepancies with the government by
conducting a harmonization exercise beginning in 2010. This joint
exercise was exhaustive and involved face-to-face interviews of an
estimated 6,915 persons who resided in the camps and who in most cases
were extended family of official refugees. While the UNHCR and the
Ministry of Food and Disaster Management reached a broad agreement on
the recognition of more than 2,800 cases, the formal activation of
these cases remained blocked elsewhere in government.
Nonrefoulement.--The government continued to deny asylum to
Rohingya arriving from Burma whom it categorized as illegal economic
migrants. While there were credible reports of Rohingya turned back at
the border, the border was very porous. As a result attempts to stem
the tide of migration proved unsuccessful. The actual scale of cross-
border movement remained unclear. The government claimed that a
sizeable influx was created by ``pull factors'' in Bangladesh, but
these claims were not adequately substantiated. The UNHCR, which
maintained a field presence in both countries and attempted to monitor
these trends, acknowledged that there was considerable daily cross-
border movement for trade and smuggling; however, the UNHCR did not
find evidence to confirm a significant scale of influx or flight to
Bangladesh. According to the UNHCR, some of the individuals who were
turned back likely were entitled to refugee status. Some unregistered
persons in the UNHCR camps returned to the country illegally after
their official repatriation to Burma in the mid-1990s. On a number of
occasions, local police detained unregistered persons outside the camps
and imprisoned them under the Foreigners Act. The release of
incarcerated, unregistered Rohingya was often prevented by the Burmese
government's unwillingness to identify the concerned Rohingya as
Burmese, preventing their repatriation and leaving them effectively
stateless.
Refugee Abuse.--According to the UNHCR, there were cases of abuse
against refugees, including rape, assault, domestic abuse, deprivation
of food, arbitrary detention, and documentation problems. Working with
the UNHCR, the government continued to improve some aspects of the
official refugee camps following findings in recent years that
sanitation, nutrition, and shelter conditions had fallen below minimum
international standards. The government permitted the UNHCR to replace
shelters and latrines and permitted more NGOs to work in the camps on
skills training, education, and health for residents.
Access to Basic Services.--In spite of some improvements in
services and infrastructure in the official camps, some basic standards
were not met and conditions in the camps remained overcrowded, with
densities on a par with the country's urban slums.
Refugees had limited freedom of movement beyond the camps and were
expected to obtain permission for all movements outside the camps. In
the camps possession of cell phones was prohibited, and operation of
small-scale shops and tea stalls was subject to control by the camp
authorities. In practice there was variable enforcement by the local
camp authorities, who often showed some flexibility and restraint, but
on other occasions imposed harsher measures. In spite of these
constraints, some refugees worked illegally as manual laborers or
rickshaw pullers in the unregulated economy, and small numbers of
students studied with the assistance of private tutors and participated
in countrywide school exams through the high school level.
As in previous years, the government continued to ignore UNHCR
requests to allow Rohingya refugees who were unable to return to Burma
to work locally, obtain medical care, or attend school outside the
camps. The government began to allow the U.N. Children's Fund (UNICEF)
to operate schools through grade five in the camps. In practice,
however, the provision of basic services from the UNHCR and NGOs meant
that registered refugees often received better medical care than
citizens in surrounding villages.
Stateless Persons.--Between 200,000 and 500,000 Rohingya were de
facto stateless, although many integrated into local communities
without significant issue.
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.
On June 30, the AL-led parliament passed the 15th amendment to the
constitution over an opposition boycott, abolishing the provision
mandating that elections be held under a neutral, caretaker government.
The caretaker government system was established before the 1996
parliamentary general elections in response to the electoral system's
perceived vulnerability to political manipulation. The amendment
followed a May supreme court ruling that declared the caretaker system
unconstitutional.
Under the 15th amendment, the 2013 parliamentary general elections
and all subsequent elections are to be supervised by an independent
electoral commission operating under the political government in power,
which in 2013 would still be the current AL-led government. Many
independent observers criticized the change because they believed that
the electoral system's vulnerabilities to political manipulation that
had necessitated the creation of the caretaker system had not been
addressed and would resurface, leaving the electoral system vulnerable
to political manipulation. This issue became a matter of enormous
partisan concern and attention during the year.
The parliament had 350 members, 300 of whom were directly elected.
Selection for these seats was based on each political party's
proportional representation within the 300-member group of directly
elected legislators. An additional 50 seats are reserved for women, who
are selected by political parties. Party leaders appointed candidates
for elections, and there were allegations that wealthy candidates could
purchase nominations from party leaders with campaign contributions or
personal gifts.
Opposition parties continued to boycott parliament throughout the
year but returned on certain days to fulfill the procedures necessary
to retain their seats. They demanded fair treatment by the speaker and
the ruling party legislators as preconditions for their return to the
house. The parliament formed all 48 standing committees in the first
session with participation from opposition parties. The opposition MPs
continued to participate in standing committee meetings despite their
absence from parliament.
Elections and Political Participation.--Recent Elections.--Sheikh
Hasina, leader of the AL, became prime minister in 2009, following the
parliamentary elections of 2008, which international and local
observers deemed free and fair. The 14-party AL alliance held 229 of
the 300 available seats. Hasina's cabinet included representatives from
the other parties in her coalition. Hasina replaced Fakhruddin Ahmed,
chief adviser to the caretaker government, as the head of government.
BNP chairperson and former prime minister Khaleda Zia became leader of
the opposition.
January 27 by-elections for two seats in the eastern districts of
Brahmanbaria and Habiganj were marked by sporadic violence and
allegations of ballot manipulation.
Participation of Women and Minorities.--According to the law, women
are eligible to contest any seat among the 345 MPs, but 45 additional
seats were reserved for women. In June the 15th amendment raised this
number to 50 out of 350 MPs.
There was no provision to provide parliamentary seats for
minorities.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively, and officials
frequently engaged in corrupt practices with impunity. The Anti-
Corruption Commission (ACC) is the government agency charged with
fighting corruption. On February 23, the government appointed a former
bureaucrat and a retired judge, both publicly identified with the
ruling AL, as commissioners of the ACC. According to a 2010 report by
the World Bank, the government tried to undercut the authority of the
ACC and severely hampered the prosecution of corruption throughout the
country. The reports stated that the government had filed far fewer
corruption cases than the caretaker government and that a government
commission had recommended that the ACC drop thousands of corruption
cases, mostly involving AL members. Members of civil society stated
that the government was not serious about fighting corruption and that
the ACC was used for politically motivated persecutions. Transparency
International Bangladesh asserted that political interference in the
ACC's operations had rendered it a ``toothless tiger.''
For example, on August 8, the ACC filed a case against the leader
of the opposition in parliament and former prime minister, Khaleda Zia,
and three others, alleging that they abused power to set up a
charitable trust named after late president Ziaur Rahman. The
opposition BNP termed the case ``baseless and politically motivated.''
On June 23, a Dhaka court sentenced Arafat Rahman Koko, the younger
son of opposition leader Khaleda Zia, to six years' rigorous
imprisonment in a money-laundering case filed by the ACC in 2009. A
separate money-laundering case was also filed against Khaleda Zia's
other son, Tarique Rahman. Both were living outside the country on bail
at year's end, but as a result of his conviction, Rahman Koko
effectively became a fugitive.
A review committee headed by the state minister for law, justice,
and parliamentary affairs recommended the withdrawal of politically
motivated cases that the government and ACC filed prior to 2009. The
committee recommended the withdrawal of approximately 1,817 cases,
filed mostly against AL leaders, including all the cases filed against
Sheikh Hasina. Other cases recommended for withdrawal included one case
against BNP leader Khaleda Zia's son, Tarique Rahman, one against BNP
leader and former law minister Moudud Ahmed, and one against Jatiya
Party secretary general Ruhul Amin Howlader. Ahmed refused the
government's offer to withdraw all cases against him and demanded the
withdrawal of all politically motivated cases against BNP leaders,
including Khaleda Zia and her sons.
At a news conference on September 13, ACC Director General Farrukh
Ahmed announced that the ACC had launched action against all 448
persons who were exempted by the caretaker government's Truth and
Accountability Commission (TAC) for confessing their involvement in
corruption and surrendering their ill-gotten wealth. The ACC decision
to launch action against those who received TAC amnesty followed a high
court order declaring the TAC illegal and its decisions void.
The government took some steps to address widespread police
corruption. The inspector general of police continued to implement a
new strategy, partially funded by international donors, for training
police, addressing corruption, and creating a more responsive police
force. No assessment of its impact on corruption within the police
force was available.
The judiciary was subject to political pressure from the
government, and cases involving opposition leaders often proceeded in
an irregular fashion. In several cases the appellate division
overturned decisions granting bail to high-level corruption suspects
who were leaders of opposition parties.
Corruption remained a serious problem within the judiciary.
Corruption was a factor in lengthy delays of trials, which were subject
to witness tampering and intimidation of victims. Several reports by
human rights groups and corruption watchdog groups indicated growing
public dissatisfaction with the perceived politicization of the
judiciary.
In August a Daily Star investigative report revealed that former
chief justice ABM Khairul Haque received a payment of 1,037,000 taka
($13,127) from the prime minister's Relief and Welfare Trust. According
to the report, Haque and several other judges from the high court
division received the money shortly before a series of rulings that
nullified several constitutional amendments, including a provision
protecting the electoral system from politicization, thereby setting up
the passage of the 15th amendment by the AL-led parliament. The
Ministry of Law, Justice, and Parliamentary Affairs confirmed the
amounts transferred, and Haque stated that the payment was used to
purchase medical treatment for his wife.
The law provides for public access to government information, but
in practice it has not been fully effective. The Information Commission
conducted an awareness campaign on the public's right to information.
The commission fined a medical doctor at a government hospital 1,000
taka ($13) in September for not furnishing information to an applicant
within the time stipulated in the 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 independently and without government restriction,
investigating and publishing their findings on human rights cases.
Although human rights groups often were sharply critical of the
government, they also practiced some self-censorship. Government
officials were generally not cooperative or responsive to their views.
The government required all NGOs, including religious
organizations, to register with the Ministry of Social Welfare. Local
and international NGOs, including Odhikar, Doctors Without Borders,
Action Against Hunger, Handicap International, and the Bangladesh
Center for Workers' Solidarity (BCWS), reported numerous credible
instances in which the government sought to impede their work, either
by canceling projects or subjecting them to restrictive operating
requirements, which often resulted in a temporary or permanent
cessation of their work.
Government Human Rights Bodies.--The government announced some
financial allocations for the country's seven-member Human Rights
Commission; however, the organization was not fully functional by
year's end, despite submitting an annual report in March that requested
a wide scope of changes to the organization's mandate, including
constitutional recognition.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Laws specifically prohibit certain forms of discrimination against
women, provide special procedures for persons accused of violence
against women and children, call for harsh penalties, provide
compensation to victims, and require action against investigating
officers for negligence or willful failure of duty; however,
enforcement of these laws was weak. Women, children, minority groups,
and persons with disabilities were often confronted with social and
economic disadvantages.
Women.--Rape and Domestic Violence.--The law prohibits rape and
physical spousal abuse but makes no specific provision for spousal
rape. According to Odhikar, there were 711 reported incidents of rape
against women and girls during the year, including 450 against girls.
According to human rights monitors, the actual number of rape cases was
higher because many rape victims did not report the incidents due to
social stigma. Prosecution of rapists was not consistent. Of the 711
rape victims, 119 were victims of gang rape; 54 were killed after their
rape. According to ASK, there were only 599 rape cases including 83
attempted rape cases filed with the police during the year.
According to Odhikar, on June 2, a group of men gang-raped a
teenage girl in the Tongi subdistrict of Dhaka Division. They were led
by her landlord's son, Moinuddin. After raping the girl, the assailants
doused her body in kerosene and lit it on fire. The girl died several
days later and no arrests were made.
Local human rights groups reported that rapes and rape attempts
against indigenous females increased sharply during the year.
For example, according to The Daily Star, law enforcement
authorities arrested nine persons, including a Catholic priest, on
February 23 in the Godagari subdistrict in Rajshahi Division for their
involvement in a village arbitration following the gang rape of a local
woman. Eight villagers allegedly raped a 14-year-old indigenous girl
and, following the arbitration, harassed her until she committed
suicide. The illegal village arbitration had sent the victim to live in
a convent near her home and ordered the attackers to pay a sum of money
to the victim's family to avoid being reported to the police. The case
continued at year's end.
In October 2010 the parliament passed the Domestic Violence
(Protection and Prevention) Bill, which criminalized domestic violence.
Women's rights groups criticized the government for its inaction on
domestic violence, which was widespread, although data quantifying it
was difficult to obtain. A 2000 study by the U.N. Population Fund
indicated that at least 50 percent of women had experienced domestic
violence at least once in their lives. The Bangladesh National Women
Lawyers' Association (BNWLA) filed 384 cases related to violence
against women during the year and received more than 4,247 reports of
violence against women. Most efforts to combat domestic violence were
funded by NGOs with little assistance from the government.
For example, according to press reports, in December Rafiqul Islam
tied and gagged his wife Hawa Akther Jui, then cut off all the fingers
on one hand, allegedly because she had begun attending college. Islam
was arrested, and the case continued at year's end.
According to numerous press and human rights reports, in early June
Syed Hasan Sumon brutally beat his wife in the Dhanmondi area of Dhaka,
biting off part of her nose and causing her to lose her sight in one
eye. Sumon alleged that his wife was committing adultery. The courts,
however, rejected Sumon's justification of the assault, and the police
charged him with domestic violence. Sumon died of unknown causes in
police custody while awaiting trial.
Some of the reported violence against women was related to disputes
over dowries. For example, according to the Daily Star, Ainat Ali and
several of his relatives in the Thakurgaon Sadar subdistrict of Rangpur
Division, brutally beat and poisoned his wife on September 10 during a
dowry-related dispute. The attackers allegedly beat the victim
regularly over a two-year period in an attempt to elicit a larger dowry
from her family. After the victim's death, the alleged attackers
attempted to pass the incident off as a suicide. The victim's family
filed a murder case with local police, and the case continued at year's
end.
There was an increase in the number of dowry-related killings
during the year. ASK reported 502 cases of dowry-related violence,
including physical torture, acid attacks, and killings, compared with
395 the previous year. There were no adequate support groups for
victims of domestic violence.
NGOs such as the BNWLA operated facilities to provide shelter to
destitute persons and distressed women and children. Courts sent most
of them to shelter homes. In a few cases, they were sent to prison as a
transit destination for short periods.
On May 12, the Supreme Court's appellate division overruled a 2001
high court ruling banning fatwas (religious edicts); however, in its
ruling the court declared that fatwas could be used only to settle
religious matters and could not be invoked to justify meting out
punishment, nor could they supersede existing secular law. Islamic
tradition dictated that only those muftis (religious scholars) with
expertise in Islamic law were authorized to declare a fatwa. Despite
these restrictions, village religious leaders sometimes made such a
declaration in an individual case and called the declaration a fatwa.
Such declarations could result in extrajudicial punishments, often
against women, for perceived moral transgressions.
Incidents of vigilantism against women--sometimes led by religious
leaders by means of fatwas--occurred. According to ASK, 59 incidents of
vigilante violence against women occurred during the year, and only 20
incidents resulted in police action. The punishments included whipping,
beating, and other forms of physical violence.
For example, according to several newspapers and human rights
groups, a 15-year-old girl in Shariatpur District of Dhaka Division
died after being whipped at least 50 times in fatwa-based village
arbitration. She was found guilty of adultery after she was raped by a
relative. The local doctor's initial autopsy determined that she died
of natural causes; however, after the issue gained national attention,
the High Court ordered the victim's body exhumed, and her real cause of
death was determined. The High Court ordered the arrests of the village
arbiters and revoked the local doctor's medical license. The case
continued at year's end.
Acid attacks remained a serious problem. Assailants threw acid in
the faces of victims--usually women--and left them disfigured and often
blind. Acid attacks often related to allegations of spousal infidelity.
During the year, according to Odhikar, 101 persons were attacked with
acid. Of these victims, 57 of the victims were women, 25 were men, and
19 were children. The government made efforts to punish offenders and
reduce availability of acid to the general public.
For example, according to Odhikar, Liton Sardar of Satkhira
District in Khulna Division threw acid in his wife's face after she
filed a case accusing him of bigamy. The victim was hospitalized with
severe burns, and the case continued at year's end.
On September 8, a court in Habiganj District in Sylhet Division
sentenced four men to life imprisonment for a 2006 incident of acid
violence. Abdul Quaiyum, Haris Miah, Auli Miah, and Alkas Uddin were
also fined 50,000 taka ($633) for the incident, in which they broke
into the home of an 18-year-old woman and flung acid in her face after
she rejected their advances. Only Haris Miah was tried in court, as the
other three individuals had absconded and were fugitives.
The law provides for speedier prosecutions of acid-throwing cases
in special tribunals and generally does not allow bail. The Women and
Child Repression Control Act seeks to control the availability of acid
and reduce acid-related violence directed toward women, but lack of
awareness of the law and poor enforcement limited the law's effect.
According to the Acid Survivors Foundation, the special tribunals were
not entirely effective; prosecutors were able to obtain a conviction in
an estimated 10 to 12 percent of attacks each year. In January the
Commerce Ministry moved to restrict acid sales, limiting buyers to
those registered with relevant trade organizations; however, the
restrictions were not universally enforced, and acid attacks continued
throughout the year.
Sexual Harassment.--Sexual harassment in schools, workplaces, and
other public spaces remained a problem during the year. A 2009 study
published by the Journal of Interpersonal Violence found that out of
5,106 unmarried adolescent girls in rural areas surveyed in 2004, 35
percent had experienced harassment; 34 percent, unwanted sexual
attention; and 14 percent, sexual intimidation.
Reproductive Rights.--Reproductive health information was freely
available, but income and education often served as barriers to access.
Pharmacies carried a wide range of family planning options; however,
traditional family roles often hindered free access.
According to the 2010 Bangladesh Maternal Mortality and Health Care
Survey, the maternal mortality ratio declined by 40 percent over the
preceding nine years, from 322 to 194 deaths per 100,000 live births.
Approximately half of the maternal deaths were due to postpartum
hemorrhage and eclampsia, with 7 percent attributed to obstructed
labor. One in three maternal deaths was due to indirect obstetric
causes. Only 27 percent of births were delivered through a skilled
birth attendant (23 percent of the deliveries occurred at a health
facility and 4 percent occurred at home with a trained health
provider). Although three in four births occurred at home, the total of
women delivering at a health facility increased from 9 percent to 23
percent. Fifty-six percent of women received at least one prenatal
check from a medically trained health provider; only 24 percent
received the recommended four checkups. Fewer than one in four women
received postnatal care from a trained health provider within two days
of delivery.
Discrimination.--Women remained in a subordinate position in
society, and the government did not act effectively to protect their
basic rights. On March 7, the cabinet approved the National Women's
Development Policy, which contains language encouraging the promotion
of women's education and participation in governance issues. The new
policy, which does not have the full force of law, also contains
language stating that women could have an equal share in property,
businesses, and inheritance. Under traditional Islamic inheritance
laws, daughters inherit only half that of sons, and in the absence of
sons, they may inherit only what remains after settling all debts and
other obligations. Under Hindu inheritance laws, a widow's rights to
her deceased husband's property are limited to her lifetime and revert
to the male heirs upon her death. The provision detailing the right to
equal inheritance triggered a series of protests and a nationwide
strike led by conservative Islamic groups. Several government leaders
stated that the policy would not supersede existing religion-based
inheritance laws, and as of year's end there was no change to the law.
Employment opportunities greatly increased for women in the last
decade, largely due to the growth of the export garment industry. Women
constituted approximately 80 percent of garment factory workers. There
were some disparities in pay in the overall economy between men and
women, but in the garment sector wages were generally comparable.
Children.--The government, with the assistance of local and foreign
NGOs, worked to improve children's rights and welfare, enabling the
country to make significant progress in improving children's health,
nutrition, and education. Despite some progress, a 2009 Household Food
Security and Nutrition Assessment jointly conducted by the government,
the World Food Program, and UNICEF found that 48.6 percent of all
children remained chronically malnourished.**
Birth Registration: The law does not grant citizenship
automatically by birth within the country. Individuals become citizens
if their fathers or grandfathers were born in the territories that are
now part of the country. If a person qualifies for citizenship through
ancestry, the father or grandfather must have been a permanent resident
of these territories on or after March 25, 1971. Birth registrations
were held by approximately 10 percent of the population.
Education.--Primary education was free and compulsory, but the
implementation of compulsory education fell short, in part because
parents kept children out of school to work for money or help with
household chores. Government incentives to families that sent children
to school contributed significantly to the rise in primary school
enrollments in recent years. Despite these efforts and contrary to
established policies, public schools imposed fees that were burdensome
for poor families and created a disincentive to attend school.
Child Abuse.--Child abandonment, abuse, kidnapping, and trafficking
continued to be serious and widespread problems. Despite advances,
including a monitoring agency in the Ministry of Home Affairs,
trafficking of children continued to be a problem. Child labor remained
a problem in certain industries, mostly in the informal sector. It
frequently resulted in the abuse of children, mainly through
mistreatment by employers during domestic service. According to a 2006
study by the Bangladesh Institute of Labor Studies, attacks on children
constituted more than 50 percent of the deaths, injuries, and sexual
assaults reported among domestic workers during the year.
Child Marriage.--Although the legal age of marriage is 18 for women
and 21 for men, underage marriage was a widespread problem. Reliable
statistics concerning underage marriage were difficult to find because
marriage registrations were sporadic and birth registrations rare. The
U.N.'s State of the World's Children 2011 report stated the rate of
child marriage in the country was 66 percent, affecting 53 percent of
girls in urban areas and 70 percent in rural areas. In an effort to
reduce child marriages, the government offered stipends for girls'
school expenses if parents promised to delay their daughters' marriages
until at least the age of 18.
Sexual Exploitation of Children.--The penalty for sexual
exploitation of children is 10 years' to life imprisonment depending on
mitigating circumstances. The minimum age of consensual sex is 16 years
as defined by the Women and Children's Repression Prevention Act
(2003); however, the penal code sets the age at 14. The discrepancy has
not been challenged in court. Child pornography is prohibited using the
penal code's statute against selling or distributing obscene material,
and the penalty is three months in prison coupled with a fine; however,
in December the government publicly acknowledged the gaps in its
pornography statutes and promulgated an antipornography bill that would
set the penalty for possession or distribution of child pornography at
10 years' imprisonment coupled with a fine. In 2009 the International
Labor Organization (ILO) and the Bangladesh Bureau of Statistics
completed a baseline survey on commercial sexual exploitation of
children. According to the survey, among 18,902 child victims of sexual
exploitation, 83 percent were girls, 9 percent transgender children,
and 8 percent boys. Forty percent of the girls and 53 percent of the
boys were below the age of 16.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For information see the Department of State's report on
compliance at http://travel.state.gov/abduction/resources/
congressreport/congressreport--4308.html.
Anti-Semitism.--There was no Jewish community in the country, and
there were no reports of anti-Semitic acts, but some newspapers
occasionally printed anti-Semitic articles and commentary.
Trafficking in Persons.--See the State Department's Trafficking in
Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law provides for equal treatment
and freedom from discrimination for persons with disabilities; however,
in practice persons with disabilities faced social and economic
discrimination. The law focuses on prevention of disability, treatment,
education, rehabilitation and employment, transport accessibility, and
advocacy.
The 2001 Disabled Welfare Act and its 2008 regulations represent
the country's comprehensive disability legislation; however, the law's
impact is limited due to vague obligations, a weak implementation
mechanism, and a sweeping indemnity clause. Most provisions create
positive obligations, which are difficult to enforce. For example, the
obligation on the government to provide persons with disabilities free
education until the age of 18 has not been translated into tangible
results. The law indemnifies all government employees from prosecution,
limiting enforcement.
The law excludes children with ``mental deficiency'' from
compulsory public education. The law provides inadequate safeguards
against involuntary institutionalization and minimal oversight of
guardians and caregivers. For example, at least 40 prisoners with
psychosocial disabilities remained in the standard prison system, where
some of them have been for nearly two decades.
The law bars persons with disabilities from applying for civil or
judicial service positions. Public interest litigation initiated in
April 2010 challenged both regulations, but persons with disabilities
were routinely denied the opportunity to sit for examinations and were
denied appropriate reasonable accommodations.
The law contains extensive accessibility requirements for new
buildings. In practice, however, plans for new buildings were approved
for construction without close compliance with these specifications.
Persons with disabilities were legally afforded the same access to
information rights as those without disabilities, but family dynamics
often influenced whether or not these rights were used.
The law identifies persons with disabilities as a priority group
for government-sponsored legal services. The Ministry of Social
Welfare, Department of Social Services, and National Foundation for the
Development of the Disabled are the government agencies responsible for
protecting the rights of persons with disabilities. Government
facilities for treating persons with mental disabilities were
inadequate. Several private initiatives existed for medical and
vocational rehabilitation, as well as for employment of persons with
disabilities. Several NGOs, including Handicap International, had
programs focusing on helping and raising awareness about persons with
disabilities.
Indigenous People.--The indigenous community experienced widespread
discrimination and abuses, despite government quotas for indigenous
participation in the civil service and higher education. The government
also failed to protect indigenous persons from societal violence.
According to Odhikar, during the year clashes between ethnic-
Bengali settlers and the indigenous community resulted in 40 persons
killed, 94 injured, 17 abducted, 18 raped, and the destruction of 40
indigenous homes.
For example, on April 17, according to NGO and press reports, a
series of violent clashes between Bengali settlers and the indigenous
community in the Ramgarh subdistrict of the Chittagong Hill Tracts left
at least four persons dead and numerous injured. The clashes were
triggered by a land dispute and resulted in the burning of at least
four indigenous villages, with arson attacks targeting food storage
houses and Buddhist temples. A local political organization, Parbattya
Chattagram Jono Sanghati Samity, released a statement claiming that the
Bengali settlers involved in the arson attacks acted with the
assistance of security forces, a claim the government refuted. At least
one indigenous man was taken into police custody and was reported
missing following the attacks.
There were no new developments in the case of the February 2010
skirmishes between Bengali settlers and the indigenous community in
Baghaihat in the Chittagong Hill Tracts. During the incidents parties
set fire to several homes and attacked the residents with sticks and
firearms, resulting in the deaths of two indigenous persons.
During the year the government released several statements
announcing that the country's indigenous population was not
``indigenous'' and henceforth would be known as ``small ethnic
minorities'' instead. The 15th amendment to the constitution codified
this new category. Indigenous leaders disputed the new nomenclature,
citing their long history in the Chittagong Hill Tracts and the plains
land of Bengal. Indigenous leaders also objected to the term ``small
ethnic minorities'' because its Bangla translation, upojati, is a
pejorative term connoting ``tribal.''
The 1997 Peace Accord provided for the removal of all temporary
camps, leaving six permanent cantonments. Since its signing the
government had withdrawn 212 camps, leaving approximately 235 camps.
During the year indigenous leaders continued to protest the army's
presence and called publicly called for its removal.
Indigenous populations had marginal ability to influence decisions
concerning the use of their lands. The government reconstituted the CHT
Land Commission in 2009, which announced its decision to conduct a land
survey; however, indigenous rights groups criticized this decision
since they believed Bengali settlers would be able to obtain false
documents detailing ownership of traditionally indigenous lands. The
land commission did not function effectively in addressing critical
land disputes after the signing of the peace accord. Indigenous leaders
also remained disappointed with the lack of assistance to those who
left the area during the insurgency.
Indigenous communities in other areas continued to report loss of
land to Bengali Muslims. The government did not cancel work on national
park projects on land traditionally owned by indigenous communities in
the Moulvibazar and Modhupur forest areas, but it did not undertake any
new activities. In addition, indigenous communities, local human rights
organizations, and churches in the area continued to claim that the
government had yet to withdraw thousands of false charges the Forestry
Department filed against indigenous residents.
The National Committee for Implementation of the CHT Peace Accord
was reconstituted in late December 2010 but suspended the activities of
the land commission pending further review. The government ceded some
key functions, such as primary education, to local authorities, but it
did not cede responsibility for other key functions, such as land use
and natural resources, as the accord specified. Law and order problems
and alleged human rights violations continued, as did dissatisfaction
with the implementation of the peace accord.
The government allows limited cell phone and Internet coverage in
the three Hill Tract districts. The government cited security concerns
as the reason for limiting coverage, but human rights groups and local
officials claimed lack of coverage was also aimed at stunting the
development of the region.
Indigenous groups reported that monitoring by civilian and military
intelligence agencies increased significantly during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
activity is illegal, but in practice the law was rarely enforced. There
were several informal support networks for gay men, but organizations
to assist lesbians were rare. Informal organizations reported that they
were unable to organize, do outreach, petition for changes to the law,
or set up permanent establishments because of the possibility of police
raids. One gay rights organization stated that gay men and lesbians
also often faced extreme family pressure to marry opposite-sex
partners.
Attacks on lesbian, gay, bisexual, and transgender (LGBT) persons
occurred on occasion, but those offenses were difficult to document
because victims desired confidentiality. Strong social stigma based on
sexual orientation was common and prevented open discussion about the
subject. The Bandhu Social Welfare Society, a local NGO, reported 109
cases of assault against LGBT persons during the year, as opposed to
128 in 2010.
Although overt acts of discrimination against LGBT individuals were
fairly rare--partly because few individuals openly identified their
sexual orientation--there was significant societal discrimination.
Openly gay individuals, particularly those from less affluent
backgrounds, found that their families and local communities ostracized
them. Some sought refuge in the traditional transgender or ``hijra''
community.
On May 24, The New Age newspaper announced that the Passport Office
would allow those who identify as neither male nor female to identify
as ``other'' on their passports.
Other Societal Violence or Discrimination.--Vigilante killings
occurred during the year, and reports suggested that the problem
increased compared with 2010. Odhikar reported at least 161 killings,
but local human rights organizations acknowledged that the number of
reported cases probably represented only a fraction of the actual
incidents.
According to press reports, on July 18, a mob in the Amin Bazar
area of Savar District in Dhaka Division beat to death six men
suspected of robbery in the presence of law enforcement officials. A
judicial probe into the incident resulted in the termination of eight
police officers, but there were no arrests as of year's end.
According to a report by BanglaNews24, members of the BCL, the AL's
auxiliary student wing, held a vigilante court in the Suhrawardy Udyan
area of Dhaka. The BCL flogged several indigent citizens for a litany
of perceived crimes. Dhaka Metropolitan Police stated that they would
investigate the matter, but there were no arrests as of year's end.
There were no reported cases of violence or discrimination against
HIV/AIDS patients. NGOs believed that this was partly a function of the
refusal of victims to self-identify and an absence of research, given
the relatively low rate of HIV/AIDS in the country.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to join unions and, with government
approval, the right to form a union, although numerous restrictions on
union registration remained. For example, the law requires more than 30
percent of an enterprise's total workforce to be members before
approval can be granted, and the union can be dissolved if membership
falls below 30 percent; no more than three trade unions can be
registered in any establishment; and managerial staff, firefighting
staff, security guards, and other employees designated by employers as
``confidential'' may not join unions.
Civil service and security force employees were legally prohibited
from forming unions. In 2006 new categories of workers, including
teachers and NGO workers, were permitted to form unions; however, due
to the broad limitations on union organizing during the 2007-09 state
of emergency, these regulations were not formally instituted.
The 2006 Bangladesh Labor Act (BLA) consolidated laws from 25
separate acts into one comprehensive law. The director of labor is
responsible for the registration and dissolution of unions. The
registrar of trade unions may deregister unions with the approval of
the labor court, and during the year some unions were deregistered,
primarily for labor law violations. The law affords unions the right of
appeal in the case of dissolution or denial of registration.
The law recognizes the right to strike; however, many restrictions
on this right remained. For example, 75 percent of union membership
must consent to a strike before it can proceed. The government can shut
down any strikes lasting more than 30 days and refer the matter to
labor courts for adjudication. In addition strikes are banned for the
first three years of commercial production or if the factory was built
with foreign investment or owned by a foreign investor. The law
protects the rights of workers to organize and bargain collectively
without interference, but this right was not always effectively
enforced. The BLA includes provisions protecting unions from employer
interference in organizing activities; however, employers often sought
to curtail this right, particularly in the ready-made garment industry.
Under the law legally registered unions are entitled to bargain
collectively with employers; however, this was rarely implemented in
practice. The BLA simplified and clarified the procedure for selecting
a collective bargaining agent and specified time limits for steps in
the process. Labor organizations reported that in some companies,
workers feared reprisals and did not exercise their collective
bargaining rights.
The law establishes mechanisms for conciliation, arbitration, and
labor court dispute resolution. Workers who are in or belong to a
collective bargaining union have the right to strike in the event of a
failure to reach a settlement. Civil servants and security forces do
not have the recourse of established mechanisms for conciliation,
arbitration, and labor court resolution; however, they may avail
themselves of the government service regulation and file cases in a
specified court, such as the Administrative Tribunal. In practice few
strikes followed the legal requirements, which are cumbersome; strikes
or walk-outs often occurred due to the spontaneous decisions of
workers.
In 2010 the parliament passed the EPZ Workers' Welfare Society/
Association and Industrial Relations Act, which, among other things,
specifies association rights in the export processing zones (EPZs).
According to the act, Workers Representation and Welfare Committees
formed under the previous law expire four years after their
constitution. In place of these committees, workers were to form
Workers Welfare Societies/Associations (WWS/A), although the act did
not set a date for the elections of the leadership of the new WWS/As.
Under the act the WWS/As have many of the same basic powers as workers'
associations, including the right to engage in collective bargaining.
The act also provided that until a separate labor tribunal was
established for the EPZs, the existing Labor Court would function as
the EPZ Labor Tribunal. EPZ workers can file complaints to enforce
broader legal rights in the EPZs.
The WWS/As are prohibited from establishing any connection to
outside political parties or NGOs. Under the previous law, no provision
barring affiliation with NGOs had existed. It was unclear if the 2010
act would allow several existing labor and health organization programs
to continue to operate in the EPZs. Additionally the act prohibited
strikes in the EPZs until October 31, 2013.
A 2009 amendment to the labor law affected the Chittagong and
Mongla ports. Under the amendment each port can only have one trade
union, which had to be organized within six months of the day of
enactment of the amendment. All existing trade union bodies were to be
dissolved. Only workers who had completed one year's service could be
registered as members of these trade unions. The amendment also reduced
the penalty for persons who violate the law. Labor activists protested
the amendment, alleging that it had been intended to favor the
employers, although there was no strict enforcement of the law.
The total labor force was approximately 50 million, of whom
approximately 1.9 million belonged to unions, many of which were
affiliated with political parties. There were approximately 4,500
garment factories employing three million workers; more than 80 percent
were women. No reliable labor statistics were available for the large
informal sector in which the majority (nearly 80 percent) of citizens
worked.
Protests by garment factory workers were widespread, and demands
for increased wages generally were met with riot police. The government
arrested union leaders and filed cases against some of them for
destruction of property, blocking roads, or for labor unrest, stemming
from the June and December minimum wage-related protests. These cases
remained unresolved as of year's end.
Labor organizers reported acts of intimidation and abuse, as well
as increased scrutiny by security forces and the National Security
Intelligence Agency. Sporadic, occasionally intense, labor unrest
occurred throughout the country, particularly in the ready-made garment
sector. Labor organizers reported frequent acts of intimidation and
abuse, arbitrary lockouts, firing of employees, and increased scrutiny
by security forces. Authorities sometimes arrested labor organizers for
destruction of property and other charges, in what some NGOs considered
repression of labor rights activists.
In July the NGO Affairs Bureau sent a letter to the BCWS,
stipulating that the center's foreign donation approval, which lapsed
in 2010, would be approved only if the BCWS removed two of its leaders
from the organization's registration. In 2010 BCWS leaders were
arrested for alleged involvement in the violent unrest following the
ready-made garment minimum wage announcement. They were released on
bail after approximately four weeks in jail amid credible allegations
of mistreatment, and their trial was pending at year's end. The NGO
Affairs Bureau cited these cases in its correspondence, but the BCWS
chose to contest the issue as the two concerned leaders had not been
convicted on any charges and maintained the arrests were in retaliation
for legitimate labor advocacy. In July the Ministry of Social Welfare
also informed the group that they would be deregistered, based on
technical lapses. Leaders for the group continue to appeal the step by
the ministry, which would effectively bar activity of any kind by the
organization.
Unions were highly politicized but were independent of the
government and were strongest in state-owned enterprises, including
jute mills, textile mills, chemical industries, and the government-run
Port of Chittagong.
Implementation of the collective bargaining law's provisions was
uneven, and many private sector employers discouraged union activity.
In Khulna's frozen shrimp and fish sector, workers associated with
several newly formed unions were terminated from several factories in
an apparently coordinated manner in 2010, including entire executive
committees. Labor rights NGOs assisting the new unions alleged that
terminated union members continued to be unable to find work in the
sector and that most of the unions had been effectively dismantled by
the 2010 firings. NGOs and workers claimed employers used the promise
of reinstatement to gain control of the unions. Government officials in
Khulna did not conduct a credible investigation of the terminations or
allegations of interference.
The director of labor is charged with ruling on union-organizing
discrimination complaints, except in EPZs. However, the ministry itself
is alleged to reject legitimate union applications without cause, and
union activists allege that lists of union supporters are shared with
enterprises by the ministry, leading to antiunion firings. The labor
court can order the reinstatement of workers fired for union
activities; however, due to a large backlog of unresolved cases, no
workers received reinstatement orders during the year. The majority of
workers in such cases, however, sought financial compensation rather
than reinstatement. Increasingly, due to the long wait for legal
process, labor disputes were settled informally prior to scheduled
hearing dates in the labor court.
Despite the ban on strikes in the EPZs, worker unrest in the
Chittagong EPZ in mid-December shut the EPZ for several days. Some
labor groups welcomed the reauthorization of the industrial relations
act in 2010, citing the absence of labor law in the EPZs during the
lapse. Others protested its measures and pushed for full rights for
unions in the EPZs.
Many workers associations in the EPZ factories were not formally
registered because employees attempting to organize associations faced
difficulties from some factory owners. Some factory managers strongly
discouraged workers from meeting with outside labor organizations and
sometimes terminated workers who did.
Federations of workers associations within the EPZs were permitted,
but federations with enterprises in other EPZs or with enterprises
outside EPZs were banned. The Bangladesh Export Processing Zones
Authority failed to provide effective measures to allow the formation
of these federations.
EPZ officials narrowly interpreted the regulations and applicable
laws of the 2010 industrial relations act and claimed they were exempt
from the broader labor law. Labor groups challenged this claim. Workers
filed legal cases against EPZ factories that did not follow the BLA,
but they remained unresolved at year's end.
b. Prohibition of Forced or Compulsory Labor.--The penal code
prohibits forced or bonded labor; however, the prescribed penalty of
imprisonment for up to one year or a fine was not sufficiently
stringent to deter the offense, and the government did not enforce the
prohibitions effectively. The BLA created inspection mechanisms to
strengthen laws against forced labor, but these laws were not enforced.
Some Bangladeshi men who were recruited for work overseas with
fraudulent employment offers were subsequently exploited under
conditions of forced labor or debt bondage abroad.
Although relatively uncommon in urban areas, bonded labor remained
common in rural areas and in domestic service. Children and adults were
forced into domestic servitude and bonded labor, including restricted
movement, nonpayment of wages, threats, and physical or sexual abuse.
Faced with extreme poverty and unemployment, rural workers, including
entire families, were engaged in bonded labor, often facing physical
abuse and sometimes death. On December 23, the government promulgated
an ordinance enacting the comprehensive antitrafficking law, codifying
forced labor as trafficking. The new law is also intended to provide
victims of forced labor with access to shelter and other protection
services afforded to trafficking victims.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--By
law every child must attend school through grade five or the age of 10
years, but there is no effective legal mechanism to enforce this
provision, and child labor was widespread. The BLA regulates child
employment depending on the type of work and the child's age. The law
specifies penalties for child labor violations, typically nominal fines
of less than 5,000 taka ($63).
The ILO estimated that seven million child workers existed and that
1.3 million worked in hazardous sectors.
During the year Services and Solutions International, a Dhaka-based
research institution, found that children frequently worked in the
informal sector in areas such as the road transport industry, in
rickshaw pulling, automotive repair, and minibus assistance; in machine
shops, salt and match factories, and tanneries; and in the
manufacturing of bricks, cigarettes, dried fish, footwear, steel
furniture, glass, textiles, garments, and soap. Children were engaged
in the following hazardous activities: printing, fabrication, stone
breaking, ship breaking, dyeing operations, blacksmith assistance, and
construction. Children also worked in the service industry in hotels
and restaurants. According to a 2003 government survey of urban areas,
street children, mostly boys, engaged in various forms of work, such as
begging, working as porters, shining shoes, collecting paper, and
selling flowers. Boys and girls, often those living on the streets,
were exploited in illicit activities, including smuggling and trading
arms and drugs.
Children routinely performed domestic work. The government
occasionally brought criminal charges against employers who abused
domestic servants.
The Ministry of Labor's enforcement mechanisms were insufficient
for the large, urban informal sector, and there was little enforcement
of child labor legislation outside the export garment and shrimp
processing sectors. Agriculture and other informal sectors that had no
government oversight employed large numbers of children.
There was a child labor unit in the Ministry of Labor and
Employment to coordinate planning and execution of all child-related
labor interventions.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--For the five-year period 2007-
12, the National Minimum Wage Board (NMWB) established the minimum
monthly wage at 1,500 taka ($19) for all economic sectors not covered
by industry-specific wages. The NMWB may convene at any time, but it
must meet every five years in a tripartite forum to set wage structures
and benefits industry by industry. In the garment industry, the
Ministry of Labor raised the minimum wage in June 2010 from 1,662 taka
($21) per month to 3,000 taka ($38) per month; however, wages were
sometimes higher than the minimum wage. Wages in the EPZs were
typically higher than general national wage levels. None of the set
minimum wages provided a sufficient standard of living for urban
dwellers. It was common practice for garment factories to force workers
to work overtime, delay their pay for months, and deny full leave
benefits. According to the Welfare Monitoring Survey published by the
Bangladesh Bureau of Statistics, the poverty rate was 31.9 percent.
By law a standard workday is eight hours, but workers may work 10
hours a day in certain instances. Overtime is permitted, but the
employer must pay double the basic wage and interim wages for the
overtime work. A standard workweek is 48 hours but can be extended up
to 60 hours, subject to the payment of overtime allowances. By law the
average workweek should not exceed 56 hours. Workers must have one hour
of rest if they work for more than six hours a day, a half-hour of rest
for more than five hours a day, and one hour's rest at intervals for
more than eight hours' work in a day. Factory workers receive one day
off every week. Shop workers receive one-and-one-half days off per
week.
In practice these legal limits were routinely violated and
enforcement of the provisions was weak. In the ready-made garment
sector, employers often required workers to work 12 hours a day or more
to meet export deadlines, but they did not always properly compensate
workers for their time.
The BLA established occupational health and safety standards.
Workers groups stated that legally established standards were
sufficient, but they were rarely implemented. Workers may resort to
legal action for enforcement of the law's provisions, but few cases
were pursued legally. Enforcement by the Labor Ministry's industrial
inspectors was weak, due to the low number of labor inspectors.
Inspections were unannounced, but in many cases labor groups alleged
that factory owners in collusion with inspectors received advance
warning. There were 95 inspectors serving nationwide, of which
approximately 50 inspectors worked in the factories division. The
ministry had not filled 59 vacant positions. Many workers alleged that
there was systemic and endemic corruption and inefficiency among
inspectors.
Safety conditions at many workplaces were extremely poor. Because
of high unemployment rates and inadequate enforcement of laws, workers
who demanded redress of dangerous working conditions or who refused to
work under hazardous conditions risked losing their jobs.
For example, on March 10, a fire in a garment dying factory in the
capital's Shyampur Industrial Area killed eight workers. According to
press reports, locked doors blocked some avenues of escape and
prevented the expeditious containment of the conflagration.
__________
BHUTAN
executive summary
Bhutan is a democratic, constitutional monarchy whose king, Jigme
Khesar Namgyel Wangchuck, is the head of state, with executive power
vested in the cabinet, headed by Prime Minister Jigme Thinley. The
country held its first general election for the National Assembly in
2008, and an EU election-monitoring team declared that it met
international standards and was free and fair. During the year local
nonpartisan elections were held, with Danish election observers
reporting no significant irregularities. Security forces reported to
civilian authorities.
Principal human rights problems included the regulation of
religion, limitations on activities that the government viewed as
undermining national identity and stability, and continued government
delays in implementing a process to identify and repatriate refugees in
Nepal with legitimate Bhutanese citizenship claims. One nongovernmental
organization (NGO) reported some cases of human trafficking.
There were no reports of impunity for government security forces.
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, abductions, or kidnappings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, but during
prison visits the National Assembly's Human Rights Committee (NAHRC)
said they witnessed police officials handcuffing prisoners to a pole
before beating them.
Prison and Detention Center Conditions.--In July the Royal Bhutan
Police (RBP) reported 1,001 prisoners in seven prisons in the country,
including 32 women and 48 children. According to the police, although
there are no separate prisons designated for women and children, women
are held separately at detention centers and children at rehabilitation
or juvenile centers. During prison visits the NAHRC observed cramped
prison cells and a lack of adequate toilets, recreational facilities,
or proper ventilation, lighting, electric fans, blankets, and
mattresses. The committee recommended improving infrastructure and
facilities; building separate prisons for men, women, and juvenile
delinquents; reducing overcrowding; establishing informal education
centers; and setting up health clinics.
Authorities generally allowed prisoners to observe religious
practices, although there were unconfirmed reports that since July one
official in Chamgang Central Jail no longer allowed Christian prisoners
to conduct group prayers. According to police officials, prisoners had
access to potable water and informal education and were able to elect
their block representatives.
The government continued to permit the International Committee of
the Red Cross (ICRC) prison visits for persons detained in relation to
crimes against the security of the state. In January 2010 the ICRC
visited approximately 80 detainees (mostly Nepali speaking) and
conducted prison visits at Chamgang Central Jail. However, since that
time the ICRC has not conducted prison visits, and at year's end it
continued to await clarification from the government on the types of
detainees it is allowed to access. NGOs reported that prison conditions
were satisfactory overall, and one senior police official stated that
prisoners have access to televisions. The government did not grant
other international human rights groups prison access.
Visitors were allowed reasonable access to prisoners and detainees.
According to the ICRC, during the year the government allowed 38
families from the refugee camps in Nepal access to their relatives in
Chamgang Central Jail near Thimphu. One NGO stated that the government
treated visitors fairly, assisting with transportation to and from
Thimphu to the jail and providing them special accommodation.
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 RBP, which reports
to the Ministry of Home and Cultural Affairs, is responsible for
internal security. The Royal Bhutan Army is responsible for defending
against external threats but also has responsibility for some internal
security functions, including counterinsurgency operations, guarding
forests, and providing security for prominent persons. The army and
police have procedures in place for conducting internal investigations
of alleged officer misconduct. Official courts of inquiry adjudicate
the allegations. The king or a senior official makes the final
determination of the outcome of a case. There were no reports that
impunity was a problem.
Under the Royal Bhutan Police Act of 2009, a Police Service Board,
made up of senior police personnel and a Ministry of Home and Cultural
Affairs representative, investigates cases of abuse. Police officers
can face criminal prosecution for human rights violations. The RBP has
institutional reviews, human rights training, and accountability
procedures for its personnel. The Civil and criminal procedure code
(CCPC) also provides an avenue to check on any abuse of power in
criminal investigations by an investigating officer of the RBP.
Arrest Procedures and Treatment While in Detention.--Under the law,
police may not arrest a person without a warrant or probable cause, and
in practice, police generally respected the law. According to the law,
authorities must issue an immediate statement of charges and engage in
reasonable efforts to inform the family of the accused. The law
requires authorities to bring an arrested person before a court within
24 hours, exclusive of travel time from the place of arrest. Bail is
available depending on the severity of charges and the suspect's
criminal record, flight risk, and potential threat to the public. The
law provides for prompt access to a lawyer provided by the state.
Amnesty.--In February the king granted amnesty to one prisoner,
Nandalal Tamang, due to health conditions.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice. The Judiciary Services Act establishes the
formal separation of the judiciary from the executive, setting
professional standards for judges and other judicial service personnel.
In practice the judiciary generally enforced the right to a fair trial.
The National Judicial Commission (NJC) oversees the judiciary.
The Supreme Court oversees the interpretation and application of
the constitution and serves as the highest appellate authority. The NJC
nominates, and the king confirms, judges to the High Court and 20
district court justices. The king may remove, suspend, or censure
judges only at the request of the NJC.
Trial Procedures.--The law stipulates that defendants must receive
fair and speedy trials, and the government generally respected this
right in practice. A preliminary hearing must be convened within 10
days of registration of a criminal matter with the appropriate court.
Before registering any plea, courts must determine whether an accused
is mentally sound and understands the consequences of entering a plea.
Defendants enjoy a presumption of innocence, and cases must be proved
beyond a reasonable doubt to obtain convictions. The government has
prescribed a standing rule for all courts to clear all cases within a
year. There is no trial by jury, as the country has an inquisitorial
judicial system.
Punishments include imprisonment, probation, fines, or a
requirement for restitution of loss. Defendants have the right to
appeal to the High Court and may make a final appeal to the king, who
traditionally delegates the decision to the Royal Advisory Council.
During prison visits, the NAHRC found cases where the appeal process
was not respected. Trials are generally conducted publicly. The law
grants defendants and their attorneys access to state evidence. Only
the court can determine if there is a need to question witnesses, after
which the prosecutor and defendants are allowed to conduct cross-
examinations.
Courts try criminal and civil cases under the legal code. State-
appointed prosecutors for the attorney general are responsible for
filing charges and prosecuting cases for offenses against the state. In
other cases relevant organizations or government departments file
charges and conduct prosecutions.
Although most litigants represented themselves before the court,
the law provides for the right to representation in criminal cases,
including provision of counsel for defendants who cannot afford
representation. The law states that defendants may choose legal
representation from a list of licensed advocates, and the government
promoted the use of judiciary Web sites for legal information as a
means of offering self-help to defendants. There were no reports that
any groups were denied the right to trial.
Political Prisoners and Detainees.--NGOs claimed there were at
least 76 political prisoners in Chamgang Central Jail in Thimphu, and
possibly more. Police records show 75 political prisoners who have been
charged for crimes against the security of the state. Since January
2010 the government has released 11 political prisoners, including one
amnesty granted by the king.
Civil Judicial Procedures and Remedies.--The CCPC governs the
resolution of criminal trials and civil litigation and states that a
suit may be initiated by a litigant or a member of the litigant's
family. The CCPC provides for compensation to people detained or
subjected to unlawful detention but later acquitted. Often, local or
community leaders assist in resolving minor disputes.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution states that persons ``shall not be
subjected to arbitrary or unlawful interference with his or her
privacy, family, home, or correspondence, nor to unlawful attacks on
the person's honor and reputation,'' and the government generally
respected these prohibitions.
The law requires citizens to adhere to a national dress code in
government buildings during daylight hours, but the government allowed
individuals to wear casual dress in public.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press.
Freedom of Speech.--The constitution provides for freedom of speech
including for members of the press, and the government generally
respected these rights in practice.
Freedom of the Press.--According to Freedom House's annual report,
the media law adopted in 2006 helped to establish two independent radio
stations but did not provide specific protections for journalists or
guarantee freedom of information. Since 2008 the government has pushed
for freedom of the press, including establishing a monthly ``meet the
press'' between the prime minister and the press.
In a media development assessment launched by the government in
August, media sources suggested that while there is commitment at the
highest levels to provide the media with information, some media
professionals continued to find it difficult to get access to
information from bureaucrats and public officials, especially on issues
of corruption and violations of the law.
Internet Freedom.--Individuals and groups generally were permitted
to engage in peaceful expression of views via the Internet. Government
officials stated that the government did not block access, restrict
content, or censor Web sites.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom and cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--While the constitution provides for the right to assemble
peacefully, the government restricted this right. Government officials
said they discouraged public protests or assemblies, as they disturb
the peace and can lead to public instability. All protesters must
obtain government approval before staging public demonstrations. There
were reports that the government did not allow public assembly by
Christian groups. NGOs reported that no demonstrations occurred during
the year.
Freedom of Association.--The constitution provides for freedom of
association, and the government permitted the registration of some
political parties and organizations, but only those ``not harmful to
the peace and unity of the country.'' The government regarded political
parties organized by Nepali-speaking refugees in refugee camps in Nepal
as illegal, terrorist, and antinational in nature. The ICRC was the
only international human rights monitoring group officially operating
in the country. There were reports that most of the NGOs in Bhutan
operated under the umbrella of the royal family. The 2007 Civil Society
Organization Act requires all new NGOs to register with the government.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, but the government limited freedom of movement and
repatriation in practice.
Exile.--The law does not address forced exile, but the government
forced approximately 90,000 Nepali-speaking persons to leave the
country in the early 1990s, following a series of steps taken during
the 1970s and 1980s to deprive the Nepali-speaking population of its
citizenship. This population of 90,000 lived in refugee camps in
southeastern Nepal and grew to approximately 108,000 over the years
with children born in the camps. There were no reported cases of forced
exile during the year. There continued to be government delays in
implementing a process to identify and repatriate refugees in Nepal
with legitimate claims to Bhutanese citizenship.
At year's end, of the 90,000 Bhutanese refugees, 54,995 remained in
Nepal in refugee camps administered by the Office of the U.N. High
Commissioner for Refugees (UNHCR), compared with 72,242 in 2010. In
2007 the government of Nepal announced resettlement of the refugees. As
of December 31, 58,529 Bhutanese refugees had been resettled in foreign
countries, of which 49,085 were resettled in the United States.
The government continued to criticize the UNHCR for its failure to
screen individuals who entered camps in Nepal in the early 1990s to
determine whether they were genuine citizens of the country. The
government maintained that individuals who entered the camps before the
establishment of screening and registration mechanisms were not
citizens and were using the camps as a base for terrorist activities
against the state.
Citizenship.--The law provides for revocation of the citizenship of
any naturalized citizen who ``has shown by act or speech to be disloyal
in any manner whatsoever to the king, country, and people.'' The law
permits reapplication for citizenship after a two-year probationary
period. The government reissues citizenship upon successful completion
of the probation period and a finding that the person in question is
not responsible for any act against the government.
Protection of Refugees.--Access to Asylum.--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 Central Tibetan Administration (CTA) reported that from the
1960s Bhutan had sheltered approximately 3,000 Tibetan refugees who
were initially located in seven settlements in Bhutan. The Bhutan
government reported that the Tibetans were integrated and that
approximately 1,500 had applied for and received Bhutanese citizenship.
The CTA is not allowed to have any official presence in Bhutan and
could not provide social and economic assistance to Tibetans in Bhutan.
The government stated that the Tibetan refugees are permitted the same
access to government-provided health care and education as Bhutanese
citizens. Tibetans were discouraged from voting in the CTA elections,
with government officials telling Tibetans that it would make them
ineligible for future Bhutanese citizenship. Many Tibetan refugees had
accepted Bhutanese citizenship, and many continued to seek citizenship.
Tibetan refugees were permitted to travel to India freely, but there
were unconfirmed reports that some could not obtain security clearances
for government jobs, enroll in higher education, or obtain licenses to
run private businesses. There were also reports that the government did
not provide travel documents to enable some Tibetan refugees to travel
beyond India. Tibetans have access to free health care and education in
the same fashion as local citizens.
Stateless Persons.--Implementation of a nationwide government
census in 1985 resulted in the denationalization of many Nepali-
speaking individuals within the country because land-ownership
documents dated before 1958 were required to retain citizenship. The
census was repeated in 1988-89 in the southern districts, and those who
lost citizenship in 1985 were at that time permitted to reapply for
citizenship provided they met certain conditions. The government then
labeled as illegal immigrants those who could not meet the new, more
stringent citizenship requirements. Beginning in 1990, under the 1985
citizenship law, the government expelled large numbers of Nepali-
speaking individuals, many of whom resided in refugee camps in Nepal.
According to NGOs, stateless persons remain resident in Bhutan, mainly
in the south, but the number is unknown. Stateless persons cannot
obtain No Objection Certificates and Security Clearance certificates,
which limited access to employment, business ownership, and school
attendance at higher-level institutions.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
In 2008 the country completed a successful transition from an
absolute hereditary monarchy to a constitutional monarchy with a
bicameral elected parliament, marking the final step in the transition
to a parliamentary democracy. The law provides limited rights for
changing the government, and it provides for a separation of powers.
Elections and Political Participation.--The constitution provides
the right for citizens peacefully to change their government, and
citizens exercised this right in practice.
Recent Elections.--From January through July, the government held
nonpartisan local elections at the district and subdistrict levels,
with 1,128 candidates elected. A woman was elected to head one of 205
subdistricts in the country. A new round of local elections took place
in December to fill one-quarter of the unfilled local positions (371
out of 1,499), and 304 candidates were elected.
In 2008 voters elected the country's first National Assembly, the
lower house of the parliament. The ruling Druk Phensum Tshogpa (DPT)
party won 45 of 47 seats. Human Rights Watch reported that the
government excluded 13 percent of the Nepali-speaking population from
voting because they were considered ``nonnationals'' in the 2005
census. International monitors reported that the elections were
generally free and fair with no reports of irregularities during the
election process.
Political Parties.--The constitution states that political parties
shall promote national unity and shall not resort to regionalism,
ethnicity, and religion to incite voters for electoral gain. Political
parties are required to be broad based with cross-national membership
and are not permitted to receive money or any assistance from foreign
sources. During the year political parties experienced debt challenges,
as they could not sustain their operations solely on membership dues.
The government provides funding only for general elections.
In 2007 the government began allowing political parties to register
under the terms of a draft constitution. Three parties registered with
the Election Commission, which disqualified the Bhutan People's United
Party (BPUP) for ``failing to prove its credibility'' as a national
political party. The Election Commission indicated that BPUP candidates
did not meet the commission's education requirements. The Election Act
specifies that candidates for parliament must have earned at least a
bachelor's degree to run for office. The government took no action in
response to the party's appeal of the decision.
The Druk National Congress, established in 1994 by Bhutanese
refugees in exile, continued to claim that the government denied
independent parties the ability to operate effectively. The government
regarded political parties organized by Nepali-speaking individuals
living in exile in refugee camps as illegal, terrorist, and
antinational in nature. These parties, which sought repatriation of
refugees and democratic reforms, were unable to conduct activities
inside the country.
Participation of Women and Minorities.--Women comprised 31.6
percent of civil servants. Ten members of parliament were women,
including six in the National Council and four in the National
Assembly. There was one woman on the High Court, and one female judge
at the district court. Female parliamentarians increased from 9 percent
in 2005 to 14 percent during the year.
The Election Commission reported there were 20 Nepali-speaking
minorities in parliament, 15 in the National Assembly and five in the
National Council. One Hindu and one Christian also served in the
National Council.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. In July
the government passed the Anti-Corruption Act, which is based on the
U.N. Convention against Corruption, expands the Anti-Corruption
Commission's (ACC) mandate to cover the private sector, and enhances
the ACC's investigatory powers and functions. The government took an
active role in addressing the issue through the public accounts
committee in the National Assembly and the Royal Audit Authority, which
monitored the use of government funds. The government's ACC is
authorized to investigate cases of official corruption and allows
citizens to post information on its Web site regarding corrupt
practices. The ACC reportedly had a backlog of 350 complaints.
No law provides for public access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
According to international NGOs, local civil society organizations
practiced self-censorship to avoid conflict with the government, and
the majority of them focused on social issues, including women's rights
or environmental issues. The government regarded human rights groups
established by the exiled Nepali-speaking minority as political
organizations and did not permit them to operate.
U.N. and Other International Bodies.--The ICRC was the only
international human rights monitoring group officially operating in the
country. It did not conduct prison visits during the year.
Government Human Rights Bodies.--The Civil Society Act of Bhutan
2007 established the Civil Society Organization (CSO) Authority. The
government mandated the CSO Authority to oversee the accountability and
transparency of civil society operations, and various civil society
organizations functioned locally and informally.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
sex, disability, language, religion, politics, or social status.
Women.--Rape and Domestic Violence.--The law contains a clear
definition of criminal sexual assault and specifies penalties. In cases
of rape involving minors, sentences range from five to 17 years in
prison. In extreme cases, a rapist may be imprisoned for life. NGOs
reported that many women did not report rape because of cultural taboos
or because they were unaware of their rights. Spousal rape is illegal.
Three police stations across the country house Women and Child
Protection Units to address crimes involving women and children. The
law prohibits domestic violence. Penalties against offenders of
domestic violence range from a jail sentence of a minimum of one month
to a maximum of three years. Offenders are also fined a daily minimum
national wage of 90 days. According to the Committee on the Elimination
of Discrimination against Women (CEDAW), the government commissioned a
report on violence against women, set up mobile police stations,
trained police on gender issues, and allowed civil society groups to
undertake further efforts, including the opening of a crisis and
rehabilitation center. The CEDAW committee expressed concern over
reports of violence against women by their spouses or other family
members and at work. According to the 2010 National Statistics Bureau,
68 percent of women surveyed justified domestic violence as permissible
if they forgot to cook or were not taking good care of their children.
Sexual Harassment.--The Labor Employment Act has specific
provisions to address sexual harassment in the workplace. CEDAW
expressed concern about the large number of reported sexual harassment
cases in the workplace.
Reproductive Rights.--The country has no legal restrictions
regarding the number, spacing, or timing of children, and there were no
reports of coercion regarding reproduction. According to World Health
Organization estimates, the maternal mortality ratio in 2008 was 200
deaths per 100,000 live births. The 2011 National Statistics Bureau
report showed that 64.5 percent of births occurring between 2008 and
2010 were assisted by skilled personnel. The National Statistics Bureau
reported that contraceptive use by women was 65.6 percent among married
women or women in civil unions, 30.2 percent amongst women ages 15-19,
and 56.5 percent of women ages 20-24.
The law covers questions related to family issues, including
divorce, child custody, and inheritance. The minimum age of marriage
for women is 18. Polygamy is allowed provided the first wife gives her
permission. Polyandry is permitted but is rare. Marriages were arranged
by the marriage partners themselves or by their parents. The law
requires registration of all marriages with the government.
Discrimination.--NGOs reported that women faced little overt
discrimination and had equal access to health care, education, and
public services, including for HIV/AIDS treatment and services. Women
were accorded respect in the traditions of most ethnic groups and
participated relatively freely in the social and economic life of the
country. Inheritance law provides for equal inheritance for sons and
daughters, but traditional inheritance practices, which varied among
ethnic groups, may be observed if the heirs choose to forgo legal
challenges. Traditional inheritance laws for the majority of Buddhists
stipulate that daughters inherit family land. Tradition dictates that
the most capable member of the family runs the household, which often
resulted in the mother or eldest daughter holding this position. Within
the household, men and women were relatively equal. Employers generally
paid women in unskilled jobs slightly less than men in the same
positions. According to the government's 2009 Labor Force Survey
Report, 46 percent of the country's workforce was female. Dowries were
not customary in the country.
The law mandates that the government take appropriate measures to
eliminate all forms of discrimination and exploitation of women,
including trafficking, abuse, violence, harassment, and intimidation,
at work and at home, and generally the law was enforced. CEDAW
expressed concerns that the constitution does not adequately define
discrimination to include both direct and indirect forms and noted that
the government failed to adopt implementation legislation for its
international treaty obligations related to women's rights or to
provide adequate resources to the National Commission on Women and
Children (NCWC) to allow it to operate effectively.
The National Women's Association, a local NGO, tried to improve
women's living standards and socioeconomic status, and the NGO Respect,
Educate, Nurture, and Empower Women promoted and advocated for women's
rights and political participation. The NCWC actively defended the
rights of women and children during the year, although CEDAW questioned
the limited resources of the NCWC and its potential lack of
independence from government influence. One of the women's NGOs
reported concerns for the increased number of young girls, some of whom
were possibly underage, working in bars and discotheques.
Children.--Birth Registration.--Under the constitution, only
children whose parents are both citizens become citizens at birth.
According to the Bhutanese Refugee Support Group, existing citizenship
laws contained inadequate provisions for a child to acquire nationality
at birth, and persons who are designated as ``nonnationals'' are
rendered essentially stateless (see section 2.d.). Births in remote
areas are less likely to be registered. NGOs asserted that births of
children to nonregistered Nepali-speaking individuals may not be
registered.
Education.--The government provides 11 years of universal, free
education to children. One of the Ministry of Education's objectives is
to achieve 100 percent enrollment in primary education. The Education
Ministry found that 4 to 6 percent of school-age children were not in
school during the year. Education is not compulsory.
Child Abuse.--Child abuse was rare. Corporal punishment is banned
in schools, and there were no reported incidents in schools and
monasteries.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The country does not have a Jewish population, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's annual
Trafficking in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law does not specifically protect
the rights of citizens with disabilities, but it does direct the
government to try to provide security in the ``event of sickness and
disability.'' There was no evidence of official discrimination against
persons with disabilities in matters of employment, education, access
to health care, or the provision of other state services. The law
stipulates that new buildings must be constructed to allow access for
persons with disabilities, but the government did not enforce the law
consistently. Under the Disability Prevention and Rehabilitation
Program, the government seeks to provide medical and vocational
rehabilitation for persons with all types of disabilities, promote
integration of children with disabilities into schools, and foster
community awareness and social integration. The approximately 22,000
persons with physical disabilities living in the country (3.4 percent
of the population according to 2005 estimates) lacked necessary
infrastructure. There is no government agency specifically responsible
for protecting the rights of persons with disabilities.
There were three special education institutes for students with
disabilities, including the National Institute for the Disabled in
Khaling, which educates visually impaired children, and an education
resource unit for the hearing impaired in Paro. There were also special
education facilities in Thimphu designed to meet the needs of children
who have physical and mental disabilities. Although there were no
government-sponsored social welfare services available for persons with
disabilities, the National Pension and Provident Fund granted benefits
to persons with disabilities. A new NGO, the Disabled Persons'
Association of Bhutan, was formed in September to change public
perception of disability and assist persons with disabilities.
National/Racial/Ethnic Minorities.Organizations representing exiled
Nepali-speaking Bhutanese claimed that Nepali-speaking Bhutanese were
subjected to discrimination and prejudice in employment, but the
government stated they were proportionally represented in civil service
and government jobs.
English and Dzongkha languages are the mediums of instruction
taught in all schools. The Committee on the Rights of the Child
expressed concern about the rights of minority children, specifically
the Nepali-speaking minority, to take part in their culture, practice
their religion, or use their language.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although there are no laws
that explicitly prohibit same-sex sexual activity, laws against
``sodomy or any other sexual conduct that is against the order of
nature'' exist. Under the penal code, a person can be imprisoned for as
long as one year for engaging in such acts. One government official
noted that prosecution under this law is rare, as criminal intent must
be proven by the prosecution. There were no reported cases of such
charges.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
received free medical and counseling services, and the government
maintained programs meant to prevent discrimination, which nevertheless
existed.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form workers' associations but does not allow
for the formation of unions or for strikes. The law allows employees to
form an association in one workplace if at least 12 employees join the
association. According to a development agency, there is no national
trade union in the country.
The law authorizes a workers' association to negotiate a collective
bargaining agreement with employers. The 2007 Labor and Employment Act
grants workers the right to pursue litigation.
The Human Rights Organization of Bhutan stated that there was a
drivers' association and a tour guides' association.
b. Prohibition of Forced or Compulsory Labor.--The government
prohibits forced or compulsory labor, and there were no confirmed
reports that forced or compulsory labor occurred.
c. Prohibition of Child Labor and Minimum Age for Employment.--
According to the law, the minimum age of employment is 18. However, the
law allows for employment of children between the ages of 13 and 17 in
environments that will not be harmful to their health or safety.
Children younger than 18 often performed agricultural and construction
work, completed chores on family farms, or worked in shops and
restaurants after school and during holidays. Girls were employed
primarily as domestic workers, where they were vulnerable to abuse and
exploitation. UNICEF estimated that 19 percent of children between ages
five and 14 were child laborers. Labor inspectors operating under the
Ministry of Labor and Human Resources enforce child labor laws.
d. Acceptable Conditions of Work.--The law addresses issues such as
minimum wage, sexual harassment, workers' associations, acceptable
forms of child labor, and labor inspection regulations. According to
civil society, the national minimum wage rate was Nu 3,000 ($67) per
month, and the labor minister stated that half the country's workers
earned more than the minimum wage. The workday is defined as eight
hours with a one-hour lunch break, and employers must grant regular
days of rest. Work in excess of this must be paid at 1.5 times the
normal rate.
All citizens are entitled to free medical care. The government
transported persons who could not receive adequate care in the country
to other countries (usually India) for treatment. Workers are eligible
for compensation in the case of partial or total disability, and in the
event of death, their families were entitled to compensation. Labor
regulations grant workers the right to leave work situations that
endanger their health and safety.
__________
INDIA
executive summary
India is a multiparty, federal, parliamentary democracy with a
bicameral parliament. The president, elected by an electoral college,
is the chief of state, and the prime minister is the head of the
government. Under the constitution the 28 states and seven union
territories have a high degree of autonomy and have primary
responsibility for issues of law and order. President Pratibha Patil
was elected in 2007 to a five-year term, and Manmohan Singh became
prime minister for a second term following the Congress Party-led
coalition's victory in the 2009 general elections, which were
considered free and fair, despite scattered instances of violence.
Security forces reported to civilian authorities.
The most significant human rights problems were police and security
force abuses, including extrajudicial killings, torture, and rape;
widespread corruption at all levels of government; and separatist,
insurgent, and societal violence.
Other human rights problems included disappearances, poor prison
conditions that were frequently life threatening, arbitrary arrest and
detention, and lengthy pretrial detention. The judiciary was
overburdened, and court backlogs led to lengthy delays or the denial of
justice. Authorities continued to infringe on citizens' privacy rights.
The law in some states restricted religious conversion, and there were
reports of arrests, but no reports of convictions under these laws.
There were some limits on freedom of movement. Rape, domestic violence,
dowry-related deaths, honor killings, sexual harassment, and
discrimination against women remained serious problems. Child abuse,
child marriage, and child prostitution were problems. Trafficking in
persons and caste-based discrimination and violence continued, as did
discrimination against indigenous persons. Discrimination against
persons with HIV and discrimination and violence based on gender
identity continued. Forced labor and bonded labor were widespread.
Child labor, including forced and bonded child labor, also was a
serious problem.
Widespread impunity at all levels of government remained a serious
problem. Investigations into individual cases and legal punishment for
perpetrators occurred, but in many cases a lack of accountability due
to weak law enforcement, a lack of trained police, and an overburdened
court system created an atmosphere of impunity.
Separatist insurgents and terrorists in Jammu and Kashmir, the
Northeastern States, and the Naxalite belt committed numerous serious
abuses, including killing armed forces personnel, police, government
officials, and civilians. Insurgents were responsible for numerous
cases of beheading, kidnapping, torture, rape, and extortion. However,
the number of incidents declined considerably in the Northeast States
and Jammu and Kashmir compared with the previous year.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the government and its agents committed arbitrary or unlawful
killings, including extrajudicial killings of suspected criminals and
insurgents, especially in areas of conflict, such as Jammu and Kashmir,
the Northeastern States, and the Naxalite belt (see section 1.g.).
According to the Institute for Conflict Management, during the year
there were 1,074 fatalities in the country--including members of the
security forces, individuals classified by the government as
terrorists, and civilians. This represented a decrease from 1,902
fatalities in 2010. The Ministry of Home Affairs 2010-11 report noted a
downward trend in incidents of violence in Kashmir and all northeast
states.
On July 2, the Jammu and Kashmir State Human Rights Commission
submitted an interim report, entitled The Enquiry Report of Unmarked
Graves in North Kashmir, to the state government. This report was
leaked to the press in August but was not made public. According to the
media, the report documented 2,156 bodies in unmarked graves at 38
different sites in districts that had been at the heart of the
insurgency in the 1990s.
The Armed Forces Special Powers Act (AFSPA) remained in effect in
Nagaland, Manipur, Assam, and parts of Tripura, and a version of the
law was in effect in Jammu and Kashmir. Under the AFSPA the government
can declare any state or union territory a ``disturbed area,'' a
declaration that allows security forces to fire on any person to
``maintain law and order'' and to arrest any person ``against whom
reasonable suspicion exists'' without informing the detainee of the
grounds for arrest. The law also gives security forces immunity from
prosecution for acts committed under the AFSPA. There were no records
available of acts committed under the AFSPA.
On September 3, the Jammu and Kashmir government claimed that only
the central government had the authority to revoke the AFSPA. The
state's minister for law and parliamentary affairs declared that the
state government could only ``recommend'' the law's repeal.
Most encounter killings, in which security forces and police
extrajudicially killed alleged criminals or insurgents, occurred in
areas in conflict, but the practice reportedly occurred elsewhere in
the country as well. For example, on August 8, Special Police Officer
(SPO) Abdul Majid and territorial army soldier Noor Hussain took a
mentally disabled civilian to Surankot forest in Jammu and Kashmir and
then launched an operation with the police and the 25 Rashtriya Rifles
unit to eliminate a ``dreaded terrorist'' in the area. When the bullet-
riddled body was found, the SPO said that he wanted to be a constable
and the soldier requested a cash reward of 200,000 rupees ($3,790).
Both were arrested and charged with murder for the fake encounter. The
identity of the victim was not reported.
Despite the published recommendations of the National Human Rights
Commission (NHRC) that the Criminal Investigations Department (CID)
investigate all police encounter deaths, many states did not follow
these guidelines and continued to conduct internal reviews only at the
discretion of senior officers.
Custodial deaths, in which prisoners were killed or died in police
custody, also remained a serious problem, and authorities often delayed
or failed to pursue prosecutions against members of the police or
security forces. The Ministry of Home Affairs (MHA) reported to
parliament that there were 186 cases of custodial death due to police
torture as of July 31. The MHA 2010-11 annual report stated there were
1,321 cases of custodial death reported to the NHRC by state
governments from April to December 2010.
NHRC guidelines direct state governments to report to it within 48
hours all cases of deaths in police actions; however, state governments
did not consistently comply with the guidelines. The armed forces were
not required to report custodial deaths to the NHRC, and the commission
did not have the power to investigate the armed forces.
On August 9, the Ministry of Home Affairs reported 147 police
custodial deaths in 2010-11. Maharashtra had the highest number of
deaths at 31, followed by Uttar Pradesh with 15. The National Crime
Records Bureau (NCRB) reported 1,436 deaths in judicial custody in
2010, of which 92 were due to unnatural causes such as suicide or
murder by other inmates. On March 31, Jammu and Kashmir Chief Minister
Omar Abdullah informed the state legislative council that there had
been 341 alleged deaths in police custody in the state since 1990.
The Special Operations Group of the Jammu and Kashmir police killed
Nazim Rashid of Sopor, Kashmir, while he was in custody. Rashid died on
July 30, while being held in connection with an investigation into the
killing of a laborer. Chief Minister Abdullah described the killing as
a ``gross human rights violation'' and promised ``swift and exemplary
action'' against the three policemen involved. The state government
suspended the three, charged them with murder, and ordered a
magisterial inquiry into the killing. News of the death triggered
protests and a heavy deployment of police, and the Central Reserve
Police Force (CRPF) was ordered to prevent further violence. In
addition the local government temporarily placed Opposition People's
Democratic Party president Mehbooba Mufti and hard-line separatist
leader Syed Ali Geelani under house arrest to prevent them from
visiting the town and possibly inflaming tensions.
There were reports of security forces firing upon demonstrators. In
Assam civilian protesters against an eviction drive in the Guwahati
hills were killed in several incidents of police firing, including four
on June 22, eight on July 10, and four on October 10. West Bengal
reported 104 incidents of security forces firing on demonstrators
during the year, killing six civilians. On August 9 in Pune,
Maharashtra, police fired into a crowd of protesting farmers blocking
the Mumbai-Pune arterial roads, killing three. Police initially claimed
that the demonstrators turned violent; however, a video of the incident
broadcast on television clearly showed some police constables
themselves throwing stones at a car and other police aiming their guns
at unarmed demonstrators. The Maharashtra government suspended two
police officers for the shooting and six police constables for damaging
the car. The government ordered the judicial magistrate to probe the
incident; the probe was not completed by year's end.
The government made some movement in holding police and security
officials accountable for killings committed during the Delhi anti-Sikh
violence of 1984. On July 19, the Supreme Court refused the petition of
senior Congress Party leader Sajjan Kumar, who had challenged the
initiation of criminal proceedings against him, allowing the trial to
proceed.
The Border Security Force (BSF) was responsible for deaths along
the Indo-Bangladesh border. The BSF usually explained these killings by
claiming that those killed were evading arrest or that security force
members had to fire in self-defense. In March the BSF signed an
agreement with the Bangladesh Border Guards (BBG) to use nonlethal
weapons, and in May, the government issued such weapons (e.g., pump-
action guns) to the BSF. On July 30, Home Minister P. Chidambaram
announced at a conference held in Bangladesh that the BSF had been
ordered not to shoot anyone crossing the Indo-Bangladesh border and
that the BSF would only fire in self defense. There were reports that
the BBG engaged in shootings along the border as well.
According to the nongovernmental organization (NGO) Odhikar, during
the year the BSF killed 31 Bangladeshi nationals, injured 61, and
abducted 23, marking a decrease in fatalities and injuries from the
previous year. Human Rights Watch (HRW) reported that the BSF killed
74, injured 72, and kidnapped 43 Bangladeshis in 2010.
For example, on January 7, the BSF killed a 15-year-old Bangladeshi
girl, Felani Khatun. Newspapers published pictures of her body dangling
from the barbed wire fence along the border. Felani and her father were
reportedly on their way home from New Delhi, attempting to cross the
fence using makeshift ladders.
There were developments in the July 2010 killing of Amit Jethwa, a
Right to Information (RTI) Act activist. The Gujarat High Court ordered
further investigation to determine the alleged involvement of Dinu
Solanki, a Bharatiya Janata Party Member of Parliament from Junagadh.
On November 29, the court gave a two-month extension to submit its
final report on the murder investigation; the report must be submitted
by January 29, 2012. The victim's father demanded a probe by the
Central Bureau of Investigation (CBI).
Nongovernmental forces committed numerous killings, especially in
areas of conflict, such as Jammu and Kashmir, the Northeastern States,
and the Naxalite belt (see section 1.g.).
According to the South Asian Terrorism Portal, terrorist attacks
resulted in 1,042 deaths during the year.
b. Disappearance.--There were reports that police throughout the
country failed to file required arrest reports for detained persons,
resulting in hundreds of unresolved and unreported disappearances.
Police and government officials typically denied these claims. The
central government reported that state government screening committees
that determined which detainees were eligible for release provided
information about detainees to their families, but credible sources
stated that families often needed to bribe prison guards to confirm the
detention of their relatives.
Disappearances attributed to government forces occurred in areas of
conflict during the year (see section 1.g.).
In May the ruling Communist Party in West Bengal was defeated after
34 years in power. Since June police discovered 17 skeletal remains in
the district of West Midnapore, and DNA tests confirmed several were
workers from the former opposition party, Trinamool Congress, missing
since 2002. A senior minister who was in power when the disappearances
occurred was jailed for his alleged involvement in some of the
killings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture, but many NGOs alleged that such
practices were common, especially in areas of conflict (see section
1.g.). For example, on March 24, newspapers reported that the CBI took
four Kerala policemen into custody in connection with the custodial
death of Sampath, allegedly due to torture. Sampath, who died in March
2010, was accused of orchestrating the murder of the wife of a leading
Kerala businessman. Authorities suspended 14 other police officers
shortly after the death. On May 25, Sampath's brother filed a court
plea alleging that the police department was sabotaging the
investigation.
In December 2010 parliament passed the Prevention of Torture Bill
2010; however, NGOs remained concerned about the law's requirement that
complaints regarding torture be made within six months and that
previous sanctions by appropriate government bodies must be sought
before a court is empowered to consider a complaint. There is no
independent agency to receive torture complaints or conduct prompt
investigations outside of the already overburdened legal system.
The law generally does not permit authorities to admit into
evidence confessions that have been coerced, but NGOs and citizens
alleged that authorities used torture to coerce confessions, which in
some instances were submitted as evidentiary support for death
sentences. Authorities allegedly also used torture to extort money or
as summary punishment.
There were some reports that police raped women, including while in
police custody, but in nearly all reported cases authorities took
action against those who committed the abuse. For example, on June 10,
three police officers in a police station in Uttar Pradesh sexually
assaulted and killed a 14-year-old girl named Sonam. Within hours of
the crime, authorities suspended 11 police officers, including the
officer in charge of the police station, and later arrested two of
them, one of whom was charged with murder and the other with
destruction of evidence. The investigation continued at year's end.
On September 29, a court found 17 police and forest officials
guilty of raping 18 lower-caste women during a 1992 raid on Vachathi
village in Tamil Nadu state. They were sentenced to two to 10 years in
prison.
NGOs claimed that the NHRC underestimated the number of rapes that
police committed. Due to the lack of oversight and accountability, some
rape victims, especially if the perpetrator was a police officer or
other official, were unlikely to come forward and report the crime due
to the victims' feelings of shame and fears of retribution. Many of the
reported rapes by security forces occurred in relation to internal
conflicts and insurgencies (see section 1.g.).
Prison and Detention Center Conditions.--Prison conditions were
frequently life-threatening and did not meet international standards.
Prisons were severely overcrowded, and food, medical care, sanitation,
and environmental conditions were often inadequate. Potable water was
only sometimes available.
According to the NCRB Prison Statistics India 2010 report, the jail
population was 368, 998, and there were 1,393 prisons in the country
with an authorized capacity of 320,450 persons. Persons awaiting trial
accounted for two-thirds of the prison population. There were 15,037
female prisoners, approximately 4 percent of the total prison
population, while juveniles were less than 1 percent. Men and women
were held separately. The law requires juveniles to be detained in
rehabilitative facilities, although at times they were detained in
prison, especially in rural areas. Large numbers of pretrial detainees
were held with convicted prisoners.
Prisoners were permitted reasonable access to visitors, although
some family members stated that they were denied access to relatives
held in detention, particularly in areas of conflict, including Jammu
and Kashmir. Prisoners have the right to engage in religious
observances, and in most cases that right was respected in practice.
The government allowed some NGOs to provide assistance to prisoners,
within specific guidelines.
Investigations of prisoner complaints were within the purview of
the NHRC, which received and investigated prisoner complaints of human
right violations throughout the year, but some activists indicated that
many complaints were not filed due to fear of retribution from prison
guards or officials. Most investigation findings and NHRC
recommendations were published on the NHRC Web site; however, there
were allegations by NGOs that investigations and recommendations
dealing with controversial issues were not disclosed. State and
national human rights commissions can receive complaints on behalf of
prisoners but have only recommendatory power.
Most state governments permitted prison monitoring by independent
groups, such as the International Committee of the Red Cross (ICRC) and
the NHRC, but the states of Manipur and Nagaland required visitors to
obtain special permits. In many states the NHRC made surprise visits to
state prisons but not to military detention centers. The NHRC lacks
jurisdiction over the armed forces and their detention centers.
In 2010 the ICRC visited 784 detainees and interviewed 577
individually during 37 visits to 24 detention centers. The ICRC did not
ask to visit interrogation or transit centers in the northeastern
states of Manipur, Mizoram, and Nagaland. NGOs' observations of prison
conditions often remained confidential due to agreements with the
government.
The NHRC had a special rapporteur to ensure that state prison
authorities performed medical checkups on all inmates. The rapporteur
visited prisons on a regular basis throughout the year. The National
Commission of Women continued visiting jails during the year to assess
the living conditions of women.
The MHA acknowledged in its 2009-10 annual report that prisons were
overcrowded and required repairs and renovations, including
improvements in sanitation and water supply. During the year the
central government began implementing a plan to modernize the prisons.
According to the MHA 2009-10 annual report, the plan had been
implemented in 27 states and resulted in the construction of 99 new
jails and 1,365 additional barracks in existing prisons. The
government's Modernization of Prisons scheme has allotted 1,800 crore
(approximately $390 million) to construct new jails, reduce
overcrowding, and improve water and sanitation in prisons, but most
states were not able to meet the targets.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but both occurred during the year. Police also
used special security laws to delay judicial review of arrests.
Pretrial detention was arbitrarily lengthy and sometimes exceeded the
sentence given.
A February 2011 HRW report, Anti-Nationals: Arbitrary Detention and
Torture of Terrorism Suspects in India, stated that police responded to
incidents of terrorism with arbitrary detention, torture, and
mistreatment of suspects in an effort to obtain confessions, and in
several cases confessions appeared to be drafted by the police
themselves. Police held numerous suspects for days or weeks without
registering their arrests; many suspects alleged that they were denied
proper food and water. The report stated that the country's
counterterrorism units were undertrained, underfunded, and understaffed
and cited the failure of domestic mechanisms of accountability as a key
factor contributing to the abuse of terrorism suspects.
Role of the Police and Security Apparatus.--Although the central
government provides guidance and support, the 28 states and seven union
territories have primary responsibility for maintaining law and order.
The MHA controls most paramilitary forces, the internal intelligence
bureaus, and the nationwide police service, and it provides training
for senior police officers of the state-organized police forces.
According to HRW, cases of arbitrary arrest, torture, and forced
confessions by security forces were common. Several laws, including
part of the criminal procedure code and the AFSPA, were used to provide
legal protection for members of security forces who violated human
rights.
The effectiveness of law enforcement and security forces varied
widely throughout the country. Officers at all levels acted with
impunity, and officials rarely held them accountable for illegal
actions. Military courts investigated cases of abuse by security
officials; cases against law enforcement officers are tried in public
courts. When a court found an officer guilty of a crime, the punishment
often was a transfer. The central and state governments took actions to
reform the security forces.
According to the MHA's most recent annual report (2010-11),
citizens in Jammu and Kashmir filed 211 reports of human rights
violations against army and central paramilitary personnel. Authorities
investigated 208 cases, found 161 false, and judged 47 genuine. The
military imposed penalties in the cases that were found to be genuine.
The MHA also reported 65,827 cases were registered with the NHRC. A
total of 62,551 cases were resolved, including cases brought forward
from previous years, and 5,673 cases were transferred to state human
rights commissions for resolution. Interim relief payments were made in
269 cases.
Arrest Procedures and Treatment While in Detention.--Arbitrary
Arrest: The code of criminal procedure prohibits arbitrary arrest or
detention, but police continued to arbitrarily arrest citizens. In
practice police picked up individuals for custodial interrogation
without identifying themselves properly or providing arrest warrants.
Pretrial Detention.--Those detained on criminal charges must be
informed promptly of the charges against them and of their rights to
legal counsel. Under the code a magistrate may authorize the precharge
detention of an accused person for a period of no more than 90 days.
Under the regular criminal procedure, the accused must be released on
bail after 90 days. The code also allows police to summon individuals
for questioning, but it does not provide authority for police to
involuntarily detain individuals for questioning before placing them
under arrest. There were incidents in which authorities manipulated the
law to detain suspects beyond the legal limit for police custody.
There were cases in which police denied suspects the right to meet
with their legal counsel, as well as cases in which police unlawfully
monitored suspects' conversations and denied their right to
confidentiality. The constitution mandates free legal aid to the poor
and weaker sections of society; however, need is not assessed
systematically. By law authorities must allow family members access to
detainees. In practice authorities granted access only occasionally.
Arraignment of detainees must occur within 24 hours, unless the suspect
is held under a preventive detention law.
The Unlawful Activities Prevention Act (UAPA) gives authorities the
ability to detain persons without charge in cases where insurgency or
terrorism is suspected. Under the law police can detain an individual
without charge for up to 30 days. The law also permits authorities to
hold a detainee in judicial custody without charge for up to 180 days
(including the 30 days in police custody). The UAPA also denies bail
for foreigners and makes it easier for courts to deny bail in the case
of detained citizens. It presumes the accused to be guilty if the
prosecution can produce certain incriminating evidence against the
accused, such as the possession of arms or explosives or the presence
of fingerprints at the crime scene, regardless of whether criminal
intent exists.
State governments also held persons without bail for extended
periods before filing formal charges under the UAPA. Alleged Naxalite
sympathizer Arun Ferreira was arrested under UAPA in 2007, acquitted in
2009 on one of the cases, released on September 27, but immediately
rearrested on other charges.
In 2004 the government repealed the Prevention of Terrorism Act
(POTA), which created special courts, allowed the identity of witnesses
to be withheld, and allowed admission into evidence of custodial
confessions. By law, however, persons arrested under a prior law
continue to be prosecuted under that law even after its repeal. There
were conflicting reports during the year of how many persons remained
detained under POTA.
In 1995 the Terrorist and Disruptive Activities (Prevention) Act
was allowed to lapse. Despite its lapse, on March 15, the MHA informed
parliament that under the law, 148 persons were convicted; 103 were
given life imprisonment, one received the death sentence, five were
released after serving 14 years in prison and for good conduct, and
seven applications for release were pending. The remainder, convicted
under the TADA, remained in jail.
At the end of 2010, 85 Muslims detained in the 2002 Godhra train-
burning case remained in jail in Gujarat under POTA, despite a 2005
POTA review committee ruling that POTA did not apply to them, a 2008
ruling by the Supreme Court granting their release, and a Gujarat high
court ruling in 2009 that POTA charges did not apply to the accused and
that they should be granted bail. Of the original 134 persons accused,
104 were charged formally. Of the 104, five died of natural causes, and
14 were released on bail. The trial in Gujarat concluded in 2010, but
the judgment was not immediately released pending the Supreme Court's
authorization to the special court to announce the verdict.
On February 22, the special court in Ahmedabad, Gujarat, convicted
31 persons for the burning of the train. On March 1, 11 persons
received the death penalty and 20 were sentenced to life imprisonment.
Those convicted appealed the ruling in the Gujarat High Court, and the
Gujarat government filed a petition demanding the death penalty for all
31 persons. The Gujarat High Court did not pronounce judgment on the
petitions by the convicts or the Gujarat government by year's end.
The National Security Act (NSA) allows police to detain persons
considered security risks anywhere in the country, except Jammu and
Kashmir, without charge or trial for as long as one year. The law
stipulates that family members and lawyers can visit NSA detainees and
that authorities must inform a detainee of the grounds for detention
within five days (10 to 15 days in exceptional circumstances). In
practice these rights sometimes were not enforced.
The Public Safety Act, which applies only in Jammu and Kashmir,
permits state authorities to detain persons without charge or judicial
review for as long as two years. During this time family members do not
have access to detainees. Detainees are allowed access to a lawyer
during interrogation. In practice police in Jammu and Kashmir routinely
employed arbitrary detention and denied detainees, particularly the
destitute, access to lawyers and medical attention.
In 2005 the Chhattisgarh state government enacted the Special
Public Security Act (SPSA), which permits detention for as long as
three years for loosely defined unlawful activities. Human rights
groups voiced concerns that the law criminalizes any support given to
Naxalites (Maoists), even support provided under duress.
On April 18, Binayak Sen was released from Raipur Central Jail
three days after the Supreme Court granted him bail, striking down
charges of sedition. Sen, a human rights activist and physician with
the People's Union of Civil Liberties, was arrested in 2007 for alleged
links with the Maoists and in December 2010 was sentenced to life
imprisonment under the SPSA on the charge of sedition.
In many states police made ``preventive arrests'' in the name of
curbing public unrest. For example, in Delhi, on August 16, police
preventively arrested social activist Anna Hazare, along with key aides
Arvind Kejriwal, Kiran Bedi, and Manish Sisodia, ahead of Hazare's
proposed fast against corruption. Hazare was released 12 hours later
but refused to leave Tihar Jail until the government agreed to allow
him to carry out his fast at the location of his choice.
Arbitrarily lengthy detention was a major problem as a result of
overburdened court systems and lack of sufficient safeguards and
oversight of the law. On August 7, Man Singh was released after 32
years of waiting for retrial, when the Supreme Court rejected the Uttar
Pradesh government's plea for a fresh trial. Singh was arrested in 1979
for allegedly possessing half a bottle of illicit liquor and was
convicted and sentenced to one year's imprisonment, which he appealed.
The government continued efforts to reduce lengthy detention and
alleviate prison overcrowding by using ``fast-track'' courts, which
specify a trial date or timeline, provide directions for case
management, and encourage use of bail. Critics contended that poor
detainees were unable to make bail and would remain in detention. As of
March 3, there were 1,281 functional fast-track courts across the
country, which resolved at least 306,228 cases during 2010.
On August 28, Jammu and Kashmir Chief Minister Abdullah granted a
general amnesty to more than 1, 200 persons arrested for throwing
stones during 2010 protests.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice, although citizens reported that judicial
corruption was widespread.
The legal system was seriously overburdened and lacked modern case
management systems, often delaying or denying justice. On August 1, the
Ministry of Law and Justice announced that there were 4,217,903 cases
pending in the country's high courts, and 27,953,070 cases pending in
subordinate courts, as of September 2010. As of April 1, nearly one-
third of the sanctioned judges' positions in the country's 21 high
courts were vacant. At the end of June, there were 57,179 cases pending
in the Supreme Court. In 2010 one official estimated that the courts
would require more than 320 years to clear the case backlog.
Many citizens reported that they offered bribes to move cases
through the court system. In 2010 the minister of law Veerappa Moily
reported that the average time for a case to work its way through the
court was 15 years. On July 2, Moily announced the launch of the
Mission Mode Programme, a nationwide program to reduce the number of
pending cases by 40 percent between July 1 and December 31.
There were allegations of bias in cases stemming from the 2002
Gujarat violence (see section 6, Other Societal Violence or
Discrimination).
Trial Procedures.--The criminal procedure code provides for public
trials, except in proceedings that involve official secrets, trials in
which someone might make statements prejudicial to the safety of the
state, or under provisions of special security legislation. Defendants
enjoy the presumption of innocence and can choose their counsel. The
state provides free legal counsel to indigent defendants, but in
practice access to competent counsel often was limited, especially for
the poor, and the overburdened justice system usually resulted in major
delays in court cases.
The law allows defendants access to relevant government evidence in
most civil and criminal cases; the government reserved the right to
withhold information and did so in cases it considered sensitive. While
defendants have the legal right to question witnesses against them, in
practice underprivileged defendants sometimes did not enjoy this right.
Courts must announce sentences publicly, and there are effective
channels for appeal at most levels of the judicial system.
Courts in Jammu and Kashmir often were reluctant to hear cases
involving insurgent and terrorist crimes and failed to act
expeditiously, if at all, on habeas corpus cases. According to a study
by the South Asia Forum for Human Rights and the Centre for Law and
Development, thousands of habeas corpus cases were pending in the
courts throughout the Kashmir valley.
Political Prisoners and Detainees.--There were reports of political
prisoners and detainees in the country. NGOs reported that the Jammu
and Kashmir government held political prisoners and also temporarily
detained hundreds of persons characterized as terrorists, insurgents,
and separatists. On August 24, the Jammu and Kashmir government
announced the release of 12 political detainees.
During the year the newly elected state government in West Bengal
announced the names of 267 prisoners it proposed to grant general
amnesty; of these, 83 persons, including some charged under the UAPA
for their links with Maoists, were accorded the status of political
prisoner. On July 21, Kolkata Chief Minister Mamata Banerjee announced
the release of 52 political prisoners, including two Maoist leaders and
several members of the Gorkha Liberation Organization. As of the end of
September, only six persons had been released.
Kartam Joga, an indigenous political activist, arrested in
September 2010, remained imprisoned in Chhattisgarh on charges of
collaborating with Maoists in ambushing and killing 76 CRPF personnel
on April 6; murdering Budhram Sodi, a leader of the ruling Bharatiya
Janata Party, in May; and killing the father of a special police
officer attached to the CRPF in August 2010. Civil society activists
claimed that Joga was arrested only because he was one of the
petitioners who challenged the state-sponsored militia Salwa Judum
operations sponsored by the Chhattisgarh government against Maoists,
which the Supreme Court has declared unconstitutional. At year's end
Joga remained in prison.
Civil Judicial Procedures and Remedies.--Individuals or NGOs can
file public interest litigation (PIL) petitions in any high court or
directly in the Supreme Court to seek judicial redress of public
injury. These injuries could have been a result of a breach of public
duty by a government agent or as a result of a violation of a provision
of the constitution. NGOs credited PIL petitions for making government
officials accountable to civil society organizations in cases involving
allegations of corruption and partiality.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary interference, and the
government generally respected these laws in practice; however, at
times authorities infringed upon the right to privacy. Police are
required to obtain warrants to conduct searches and seizures, except in
cases in which such actions would cause undue delay. Police must
justify warrantless searches in writing to the nearest magistrate with
jurisdiction over the offense. In Jammu and Kashmir, Punjab, and
Manipur, authorities have special powers to search and arrest without a
warrant, and in terrorism cases under the UAPA, police are provided
greater discretion to conduct search and seizure operations.
The Information Technology Act allows police under certain
circumstances to search premises and arrest individuals without a
warrant. The act specifies a one-year sentence for persons who fail to
provide information to the government on request and a five-year
sentence for transmitting ``lascivious'' material.
The Telegraph Act authorizes the surveillance of communications,
including monitoring telephone conversations and intercepting personal
mail in cases of public emergency or ``in the interest of the public
safety or tranquility.'' The central government and state governments
used these surveillance techniques during the year.
Although the Telegraph Act gives police the power to intercept
telephone conversations, that evidence is generally inadmissible in
court. The UAPA allows use of evidence obtained from intercepted
communications in terrorist cases.
Research in Motion (RIM), the maker of BlackBerry devices, was
warned in 2010 by the Department of Telecommunications and the
country's security agencies that unlimited government access to
BlackBerry e-mails, text messages, and other communications in real
time was required and that failure to comply would result in a
government ban of BlackBerry services. In January RIM announced that it
had provided the government with access to basic BlackBerry Messenger
and BlackBerry Internet Service e-mail.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year the country's armed forces, individual states' security
forces, and paramilitary forces continued to engage in armed conflict
with insurgent groups in Jammu and Kashmir, several northeastern
states, and the Naxalite belt in the central and eastern parts of the
country. There was considerably less violence in Jammu and Kashmir than
in previous years. Although army and central and state paramilitary
forces remained deployed in some states of the northeast and in West
Bengal's Naxalite belt, by year's end most of the northeast insurgent
groups were involved in peace negotiations with the central government.
All parties to the conflicts used excessive force on occasion,
killing and injuring conflict participants and civilians. The central
and state governments and the armed forces investigated complaints and
punished human rights violations committed by their own forces, and
they arrested and tried insurgents under terrorism-related legislation.
Investigations and prosecutions into human rights violations, however,
were slow and few in number. For example, NGOs in Manipur alleged that
prosecutions were slow and followed the letter of the law rather than
its spirit.
On July 2, the Jammu and Kashmir State Human Rights Commission
submitted an interim report, entitled The Enquiry Report of Unmarked
Graves in North Kashmir, to the state government. This report was
leaked to the press in August and was not made public. According to the
media, the report documented 2,156 bodies in unmarked graves at 38
different sites in districts that had been at the heart of the
insurgency in the 1990s. The report marked the first time that a state
body confirmed allegations previously made by other human rights
organizations against the security forces that some of the bodies in
the graves were of civilians and not insurgents.
In Naxalite (Maoist) affected districts, there were reports of
excessive use of force by security agencies. For example, in the
Dantewada district of Chhattisgarh, Koya Commandos, an armed wing of
`tribals''--an indigenous group operating with the state government's
approval as SPOs--and CRPF personnel attacked three villages between
March 11 and March 16 in search of Maoists. Civil society activists
reported that three tribal members were killed and three women were
sexually assaulted. The security forces also burned approximately 300
tribal homes. Initially the Chhattisgarh government refused to order a
probe into the incident and transferred a top government official in
Dantewada who tried to send relief material to the villagers. Human
rights activist Swami Agnivesh and journalists who attempted to visit
the villages were attacked by SPOs. After severe criticism in the media
and a protest by human rights activists, the government responded by
transferring a police officer involved in the attack on Agnivesh and
ordered a judicial probe. On July 5, unsatisfied by the judicial probe
and affidavits filed by the Chhattisgarh government, the Supreme Court
ordered the CBI to probe the incident. The CBI did not complete the
probe by year's end.
There was no evidence that insurgent forces made attempts to
prevent or punish human rights violations by their members.
There were no reports of deliberate attacks on government
hospitals, primary health centers, workers, ambulances, or patients,
nor were there restrictions on accessing medical facilities in the
Naxal areas of Chattisgarh and Maharashtra. However, there were
recorded attacks and explosions at schools, roads and railways tracks.
There were no attacks on medical services or Below Poverty Line ration
shops.
Killings.--According to the SATP database, total terrorism/
insurgency related fatalities continued to decrease from the previous
year. For example, as of December 18, 234 persons (78 civilians, 35
security personnel, and 121 insurgents) were killed in the northeast,
compared with 323 deaths in 2010. There were reports that government
security forces committed extrajudicial killings of persons in custody,
including staging encounter killings to cover up the deaths of captured
militants. Human rights groups claimed that police refused to turn over
bodies in cases of suspected staged encounters. In 2002 the Supreme
Court ordered the central government and local authorities to conduct
regular checks on police stations to monitor custodial violence, but
government officials often failed to comply with the order. The armed
forces are not required to report custodial deaths to the NHRC.
On February 6, the army apologized to the citizens of Jammu and
Kashmir for the fake encounter death of Manzoor Ahmad Magray. The army
ordered a probe of its own, while Kashmir police registered a case
against soldiers of the 4th Parachute Regiment. A magisterial inquiry
also was ordered.
The Institute for Conflict Management reported that as of September
25, there were 153 fatalities in Jammu and Kashmir, including 98
alleged terrorists, 23 members of the security forces, and 32
civilians.
The SATP database reported that during the year 480 persons--
including 182 militants, 99 security force personnel, and 199
civilians--were killed as a result of Naxalite (Maoist) violence, a
decrease from 2010, when 212 militants, 250 security force personnel,
and 528 civilians were killed.
Insurgents in the three conflict zones also committed killings
during the year. In Chhattisgarh Maoists continued to attack security
forces and civilians, killing 13 CRPF personnel in Dantewada District
on June 10 and 12. On August 19, Maoists killed 11 policemen and one
civilian in Bijapur District. In Assam there were six incidents during
the year of bomb explosions, although no deaths were reported. One
explosion, in Kamrup (Rural) District, engineered by the Adivasi
People's Army, injured 100 persons.
On January 7, in Netai Village, part of West Bengal's Maoist-
dominated West Midnapore District, nine persons died when armed
Communist Party of India (Marxist) (CPI-M) workers fired at 2,000
villagers gathering around the house of a CPI-M party leader. This was
the bloodiest incident in West Bengal since March 2007, when police
killed 14 villagers in Nandigram. The CBI investigated and charged
several local and district CPI-M leaders. In response to allegations of
Maoist involvement in the incident, the Maoist-backed People's
Committee Against Police Atrocities spokesman argued that the villagers
organized themselves to destroy the ``harmad'' (armed goons) camps,
something the administration failed to do.
On July 29, Mohammed Ajmal Amir Kasab, the lone Lashkar-e-Taiba
(LeT) terrorist captured alive from the 2008 terrorist attacks in
Mumbai, appealed his death penalty sentence in the Supreme Court. On
February 21, the Mumbai High Court upheld the death penalty sentence
given by the Mumbai fast-track court in May 2010. The Supreme Court did
not pronounce a verdict on Kasab's appeal by year's end.
On November 24, joint central and state police forces killed senior
Maoist leader Koteswhar Rao, popularly called ``Kishenji,'' in a
firefight. Maoist sympathizers and some human rights activists called
for an investigation, alleging police shot Rao in cold blood and staged
the ``encounter.'' On November 28, the NHRC announced it would
investigate the killing.
Abductions.--Human rights groups maintained that military,
paramilitary, and insurgent forces abducted numerous persons in Jammu
and Kashmir, the Northeastern States of Manipur and Jharkhand, and the
Naxalite belt. Human rights activists feared that some of the
unacknowledged prisoners were tortured and/or killed during detention.
Estimates of the number of missing persons varied. Human rights
organizations stated there were 8,000 to 10,000 persons missing but in
custody in Jammu and Kashmir.
During the year there were no verifiable, documented disappearance
cases involving security forces or police.
On August 6, the NHRC closed the case of Leimakhujam Kokulo Singh,
who was arrested in August 2010 by personnel from the 12 Maratha Light
Infantry. Kukulo was arrested, charged under the Unlawful Activities
(Prevention) Act, and remained in jail for more than five months until
he was released on bail in February.
Naxalites abducted individuals during the year. For example, on
February 16, a group of 50 Naxals in Orissa kidnapped Indian
Administrative Services officer RV Krishna and junior engineer Pabitra
Majhi. They were released on February 24, after the Orissa government
accepted the Naxalites' demands.
Abductions.--There were reports that government security forces
tortured, raped, and mistreated insurgents and alleged terrorists in
custody and injured demonstrators. All parties to the conflicts injured
civilians on occasion.
In August Prashant Rahi was released on bail after more than 3 and
one-half years in Uttarakhand jails. Rahi, an engineering student at
Banaras Hindu University, was accused of being a Naxal (Maoist). He
alleged that he was stripped and beaten and had spent most of his time
in solitary confinement while imprisoned.
There was no report of significant violence against out-of-state
migrants by the regional political party Maharashtra Navnirman Sena
(MNS). Investigations into the violent incidents perpetrated by MNS
members in February 2009 and 2008 continued, and MNS activists remained
out on bail.
Child Soldiers.--There were no credible reports that any government
security forces used child soldiers during the year; however, insurgent
groups reportedly used child soldiers. For example, there were media
reports of teenage Maoist rebels involved in a July 20 attack on
Congress Party politician Nandkumar Patel in Raipur District,
Chhattisgarh. On September 5, the Hindustan Times, a national
newspaper, reported that teachers in government schools in Chhattisgarh
complained that Maoists were pressuring them to ``inspire'' students
with Maoist ideology so that they could be recruited into the
children's division of Maoist rebels. The U.N. 2011 Children and Armed
Conflict report noted the absence of reliable data, but the Indian
National Commission for the Protection of Child Rights, in a March 2010
policy document, noted the recruitment and use of children by both
Naxalites and Salwa Judum.
Other Conflict-related Abuses.--The conflicts in Jammu and Kashmir,
the Northeastern States, and the Naxalite belt have displaced an
estimated 621,000 persons; most remained without permanent homes during
the year.
In the Kashmir Valley region, from 1990 onwards, Islamist militants
threatened, abducted, and killed Pandits and demanded that they leave.
Tens of thousands of Kashmiri Pandits fled to Jammu, Delhi, and other
areas in the country because of conflict between the army and Muslim
insurgents. According to the MHA's 2010-11 annual report, there were
58,697 Kashmiri Pandit migrant families, of which 38,119 resided in
Jammu, 19,338 in Delhi, and 1,240 in other states and territories. The
governments of Jammu and Kashmir, the National Capital Territory of
Delhi, and other states and territories provided aid to resident
Kashmiri Pandit displaced families. The MHA annual report stated that
4,621 applications from Kashmiri migrants were received by the Jammu
and Kashmir state government, and the state government created 3,000
posts for unemployed Kashmiri migrant youth.
In the northeast violence between communal groups in the states of
Assam, Manipur, and Mizoram displaced an unknown number of persons
during the year, and more than 227,000 internally displaced persons
(IDPs) remained from previous incidents of communal violence dating
back to 1993. According to official Tripura State records, there were
36,000 Bru (Reangs) IDPs from Mizoram (media reports put the figure at
41,000). Phased repatriation of Brus began in November 2010 and after
nine phases, 4,655 persons (890 families) had returned to Mizoram as of
April. The Mizoram government administered a central government-funded
program in which each repatriated family received 95,000 rupees
($1,800) for house construction, farming assistance, and free rations
for a period of 12 months.
In central and eastern India, armed conflicts between Naxalite
(Maoist) insurgents and government security forces over land and
mineral resources in tribal forest areas continued, affecting182 of the
country's 626 districts in 20 of its 28 states. Most of the conflict
areas overlap with the Dandakaranya forest, which covers parts of West
Bengal, Jharkhand, Orissa, Chhattisgarh, Andhra Pradesh, and
Maharashtra. The forest also has large deposits of mineral resources,
such as bauxite, iron ore, and uranium, and is home to millions of
tribal persons. The Ministry of Rural Development in 2009 estimated
that up to 400,000 persons had been displaced since the conflict began.
During the year ``Operation Green Hunt,'' the government's initiative
against Naxalites in Chhattisgarh, Jharkhand, Orissa, and West Bengal,
continued. Human rights advocates argued that the operation sought not
only to suppress the Naxalites but also to force these tribal persons
off their land, allowing for commercial development.
IDP camps that opened in Chhattisgarh for displaced tribal persons
caught in fighting between Naxalites and the Salwa Judum in 2006
continued to operate. On July 5, the Supreme Court pronounced the
state-sponsored militia Salwa Judum ``illegal and unconstitutional''
and directed the government of Chhattisgarh to disband the operation.
In addition the court asked Chhattisgarh to immediately cease and
desist from using as SPOs tribal persons who had been chosen from Salwa
Judum camps against Naxalites in the state, and to recall all firearms
issued to SPOs. The Chhattisgarh government was ordered to stop issuing
funds in support of SPO recruitment. Following the July 5 judgment, the
Chhattisgarh government claimed to have disbanded the Salwa Judum. By
September approximately 50,000 tribal persons displaced by the Salwa
Judum had returned to their villages. Approximately 15,000 tribal
persons remained in 15 Salwa Judum camps.
Some sources alleged that both Naxalites and Salwa Judum activists
armed displaced children, but there was a lack of reliable data. Police
acknowledged that some displaced minors may have been armed
unintentionally as special police officers but stated that police
dismissed minors upon learning their ages. NGOs alleged that hundreds
of Chhattisgarh IDPs settled in forest reserve areas in Andhra Pradesh
were denied basic assistance, including food, water, shelter, medical
facilities, and sanitation. Little was known about the population or
living conditions in the area.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and expression,
but it does not explicitly mention freedom of the press. The government
generally respected these rights in practice.
Freedom of Speech.--Individuals generally could criticize the
government publicly or privately without reprisal.
During the year law enforcement authorities continued investigating
writer and activist Arundhati Roy and four others for sedition
regarding public comments they made about the status of Jammu and
Kashmir. Authorities directed police to file a status report by October
29. At year's end Roy was still facing possible arrest.
Freedom of the Press.--The independent media were active and
expressed a wide variety of views without restriction. Independent
newspapers and magazines were regularly published and television
channels broadcast investigative reports, including allegations of
government wrongdoing. The media generally promoted human rights and
criticized perceived government violations. AM radio broadcasting
remained a government monopoly. Private FM radio station ownership was
legal, but licenses authorized only entertainment and educational
content. With the exception of radio, foreign media generally operated
freely. Widely distributed private satellite television provided
competition for Doordarshan, the government-owned television network.
There were allegations that the government network manipulated the
news. Some privately owned satellite channels promoted the platforms of
political parties that their owners supported.
On August 2, the Ministry of Information and Broadcasting told
parliament that 25 foreign channels, mostly from Pakistan, were banned
for causing ``a security threat.'' On August 9, the ministry informed
parliament that 732 televisions channels were permitted and that 368
proposals for new channels were under review.
Violence and Harassment.--There were reports that journalists
experienced violence and harassment as a result of their reporting
during the year; however, on August 3, the MHA informed parliament that
the central government did not maintain a record of media personnel
attacked in the country.
On June 27, Uttar Pradesh police detained Shalabh Mani Tripathi,
Uttar Pradesh bureau chief of IBN7, a Hindi news channel, with his
assistant and allegedly beat him. The reporter claimed that he was
attacked for reporting on the alleged murder of the chief medical
officer of Uttar Pradesh, AK Shukla, who was found dead in the Lucknow
Jail hospital. Tripathi alleged that the police accused his news
channel of showing wrong and sensational news. Authorities registered a
complaint and suspended the police officers.
Censorship or Content Restrictions.--During the year state
governments banned some books from being imported or sold in the state
because they contained material that government censors deemed
inflammatory and apt to provoke communal or religious tensions. For
example, in March the Gujarat government banned the book Great Soul:
Mahatma Gandhi and His Struggle with India before the book was
published in the country.
The Press Council, an independent statutory body of journalists,
publishers, academics, and politicians with a government-appointed
chairman nominated by the chief justice, investigated what it
considered irresponsible journalism and set a code of conduct for
publishers. The code included injunctions against publishing stories
that might incite caste or communal violence. The council publicly
criticized those it believed broke the code.
Internet Freedom.--There were some government restrictions on
access to the Internet and reports that the government occasionally
monitored users of digital media, such as chat rooms and person-to-
person communications. A 2008 amendment to the Information Technology
Act reinforced the government's power to block Internet sites and
content, and it criminalized the sending of messages the government
deemed inflammatory or offensive. Both central and state governments
have the power to issue directions for the interception, monitoring, or
decryption of computer information. The Information Technology Ministry
is responsible for enforcing the rules and regulations.
Freedom House alleged that even though there was not substantial
political censorship, authorities arrested bloggers and online users
for posting comments that might spark communal violence. Google
reported receiving 68 content removal requests from Indian courts,
executive offices, and law enforcement agencies in the last six months
of 2010, covering 358 items. The requests included removal of results
from Web searches, social networking sites, and YouTube videos. Google
categorized 255 of the items requested to be removed as government
criticism.
In a series of meetings beginning September 5, Telecommunications
Minister Kapil Sibal requested social media companies to find a
technical solution to prescreen user content prior to posting on the
Internet, appearing to circumvent legal justification for removal of
content. When the request reached the media on December 5, pressure
from activists, social groups, and the public forced Sibal to modify
his comments. On December 15, Sibal met with Internet and social media
companies and explained the government wanted Internet platforms to
create a set of guidelines to protect the sentiments of the people. A
spokesman for the Congress party stated that the party did not support
Internet censorship. On December 21, a lower-level criminal court in
Delhi ordered 22 primarily social media Web sites to remove material
deemed antireligious and antisocial, following a complaint by Mufti
Aijaz Qasmi, a religious leader from Delhi. The Web sites were told to
comply by February 6, 2012, or face contempt of court charges.
In April the government enacted new regulations on Internet
content, titled Information Technology (Intermediary Guidelines) Rules,
2011. These regulations prohibit many types of content, including
``harmful'' and ``insulting'' content. Furthermore, third parties such
as search engines can be held liable for the prohibited content. The
Information Technology (Guidelines for Cyber Cafe) Rules, 2011, include
requirements that cybercafes install surveillance cameras and provide
the government with records of their users' browsing activity.
Academic Freedom and Cultural Events.--The government continued to
apply restrictions to the travel and activities of a few visiting
experts and scholars. Academic guidelines issued by the Ministry of
Human Resources Development (MHRD) in 2003 required all central
universities to obtain MHRD permission before organizing ``all forms of
foreign collaborations and other international academic exchange
activities,'' including seminars, conferences, workshops, guest
lectures, and research. Although the restrictions remained in force, in
most cases the MHRD permitted international academic exchanges to take
place after bureaucratic delays.
State governments in Uttar Pradesh, Punjab, and Andhra Pradesh
banned the Bollywood film Aarakshan, a sociopolitical drama based on
the policy of caste-based reservations in government jobs and
educational institutions. The film Dam 999 was banned the day before
its scheduled release by the Tamil Nadu government, after political
leaders complained the film was based on the Mullaperiyar Dam dispute
between Tamil Nadu and Kerala and could disturb the relations between
the two states. On December 17, the government extended the ban for an
additional six months, citing fears to public safety if the film were
screened.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedoms of assembly and association, and the government generally
respected these rights in practice.
Freedom of Assembly.--The law provides for freedom of assembly.
Authorities normally required permits and notification before parades
or demonstrations, and local governments generally respected the right
to protest peacefully, except in Jammu and Kashmir, where the local
government sometimes denied permits to separatist parties for public
gatherings, and security forces occasionally detained and assaulted
separatists engaged in peaceful protest (see section 1.g.). During
periods of civil tension, authorities used the criminal procedure code
to ban public assemblies or impose a curfew.
There were restrictions on the organization of international
conferences. NGOs must secure approval from the MHA before organizing
international conferences; permission typically was granted, but the
process was lengthy. Human rights groups contended that this practice
provided the government with political control over the work of NGOs
and restricted their freedom of assembly and association.
On August 9, the MHA informed parliament that 42 NGOs were banned
from receiving foreign contributions due to complaints of corruption or
irregularities in the use of funds received under the revised Foreign
Contributions (Regulation) Act (FCRA). The government also placed 36
NGOs in the prior permission category, which includes associations
already registered with the central government; these NGOs will remain
registered for the next five years. The accounts of 10 NGOs were frozen
as their use of funds was investigated. Many NGOs had concerns that the
ban on funding for organizations of a ``political nature'' made the
FCRA vulnerable to abuse and corruption by government officials. The
FCRA prohibits political organizations or associations/companies
engaged in the production and broadcast of audio or audio visual news
or current affairs programs from accepting foreign contributions.
In New Delhi on June 5, yoga guru Baba Ramdev was arrested by the
central government after violating government conditions for a large
fast and protest rally he led in New Delhi against corruption and money
hidden abroad. There were reports that police used force to evict
protesters and clear the area. The NHRC requested a report on the
midnight crackdown. A response from the government was pending at
year's end.
Freedom of Association.--The law provides for the freedom of
association, and the government generally respected this right in
practice; however, there were restrictions on the organization of
conferences funded with foreign funds, which must be approved by both
MHA and the concerned ministry.
c. Freedom of Religion.--See the Department of State's
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 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 U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to some but not
all IDPs, refugees, returning refugees, asylum seekers, stateless
persons, and other persons of concern.
In-country Movement.--In 2010 the government lifted the requirement
for nationals and foreigners, except persons from Pakistan and China,
to apply for a special permit to travel to Manipur, Mizoram, or
Nagaland; however, it continued to require special permits to travel to
Arunachal Pradesh and Jammu and Kashmir.
Security forces often searched and questioned vehicle occupants at
checkpoints, mostly in troubled areas in the Kashmir valley, before
public events in New Delhi or after major terrorist attacks. The
government maintained a 330-mile security fence along the Line of
Control in Jammu and Kashmir, causing difficulties for residents
because the fence cuts through some villages and agricultural lands.
Foreign Travel.--The government legally may deny a passport to any
applicant who it believes may engage in activities outside the country
``prejudicial to the sovereignty and integrity of the nation.''
Citizens from Jammu and Kashmir continued to face extended delays,
often as long as two years, before the Ministry of External Affairs
would issue or renew their passports. The government subjected
applicants born in Jammu and Kashmir--including children born to
military officers during their deployment in the state--to additional
scrutiny, requests for bribes, and police clearances before issuing
them passports.
Internally Displaced Persons (IDPs).--There were several groups of
IDPs in various locations in the country, including those displaced by
internal armed conflicts in Jammu and Kashmir, the Naxalite belt, and
the Northeastern States (see section 1.g.), as well as in Gujarat. In
September 2010 the Norwegian Refugee Council (NRC) estimated that
regional conflicts had displaced at least 650,000 persons, and the
Internal Displacement Monitoring Centre, operated by the NRC and the
U.N. put the total number of IDPs at approximately 500,000. It was
difficult to estimate the exact number of those displaced by conflict
or violence because there was no central government agency responsible
for monitoring the numbers of those displaced or returning, and
humanitarian and human rights agencies had limited access to camps and
affected regions. While those who resided in IDP camps were registered,
an unknown number stayed outside of the camps.
The Internal Displacement Monitoring Centre reported in 2010 that
``many of India's IDPs had insufficient access to basic necessities of
life such as food, clean water, shelter, and health care'' and that
tribal IDPs in camps in Chhattisgarh ``faced the risk of attacks by
government forces and government-allied militia on the one hand and
Naxalite insurgents on the other.''
The violence in Gujarat in 2002 displaced more than 250,000
persons, many of them Muslims, from Gujarati villages and cities.
According to the NRC, 19,000 displaced persons remained in camps as of
September 2010, living in 86 relief colonies that lacked adequate
infrastructure.
The government has no national policy or legislation to address
internal displacement resulting from armed conflict or from ethnic or
communal violence, and the responsibility for protecting and assisting
IDPs often was delegated to the state governments and district
authorities. The lack of a central policy allowed states to remain
unaccountable for internal displacement and claim that they were unable
to protect and/or assist IDPs. When state- or district-level
authorities provided assistance, it was often ad-hoc and varied. The
government provided some assistance to IDPs and allowed them access to
NGO and human rights organizations, but neither access nor assistance
was standard for all IDPs or all situations. As in previous years,
there were no reports that the government attacked or forcibly
resettled IDPs.
Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or its 1967 protocol, and
there is no law or clear policy for refugees. The Foreigners Act
(1946), the current law consulted by authorities with regard to
refugees and asylum seekers, does not contain the term ``refugee''; the
word ``foreigner'' is used, placing refugees, migrants, and tourists in
the same category. Under this act physical presence in the country
without valid travel or residential documents is a criminal offense,
rendering refugees without appropriate documentation eligible to be
deported; nevertheless, there were no reports that the government
deported refugees during the year. 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.
Access to Asylum.--Although the government lacks a legal framework
for addressing refugees, it used an ad hoc approach and occasionally
granted asylum and refugee status on humanitarian grounds in accordance
with international law. However, this approach resulted in varying
standards of protection for different refugee groups. The government
recognizes refugees from Tibet and Sri Lanka and honors UNHCR decisions
on refugee status determination for individuals from other countries.
According to the UNHCR, in January there were 184,821 refugees in the
country, including 68,606 Sri Lankan refugees in 114 refugee camps,
109,015 Tibetan refugees, and more than 14,000 urban refugees from
other countries living in New Delhi. Of the 12,800 asylum seekers and
18,800 refugees registered with the UNHCR in New Delhi, the majority
were from Burma and Afghanistan.
The UNHCR had no formal status in the country, but the government
permitted its staff access to refugees in urban centers and allowed it
to maintain a local office in Tamil Nadu; however, the UNHCR was not
permitted direct access to Sri Lankan refugee camps, Tibetan
settlements, or asylum seekers in Mizoram. Authorities permitted asylum
seekers from Mizoram to travel to New Delhi to meet UNHCR officials. In
contrast, the government generally permitted NGOs, international
humanitarian organizations, and foreign governments access to Sri
Lankan refugee camps and Tibetan settlements, but it also generally
denied them access to asylum-seeker populations in Mizoram.
The central government and the state of Tamil Nadu jointly provided
monthly cash payments and food subsidies to the Sri Lankan Tamil
refugees in Tamil Nadu's 114 camps. According to NGOs, conditions in
the Sri Lankan Tamil refugee camps in Tamil Nadu were generally
acceptable, although much of the housing, as well as water and
sanitation facilities, were of poor quality.
Refugee Abuse.--The government of Tamil Nadu estimated that there
were approximately 30,000 Sri Lankan refugees living outside of the
camps throughout the state. According to the Catholic Relief Services
and others, the problems of gender-based violence, including domestic
violence, sexual abuse, and early marriage, existed within this group
but at a far lower level than previous years, and the incidence of
child marriage was nearly zero, after intervention programs run at the
camps.
One NGO also reported a number of cases of abuse of refugees and
arbitrary detention. The organization noted that many urban refugees
worked in the informal sector or in highly visible occupations, such as
street vendors, where they were subject to police extortion,
nonpayment, and exploitation.
The UNHCR provided refugee status and assistance to approximately
3,000 to 4,000 Burmese living in Delhi, primarily Chins, but did not
have access to the larger population of ethnic Chins living in the
northeastern states. The UNHCR estimated there were 5,600 refugees and
4,000 asylum seekers from Burma registered, and tens of thousands more
who were not registered in Delhi.
Access to Basic Services.--NGOs estimated that there were between
80,000 and 100,000 Burmese Chin asylum seekers in Mizoram. Chin
refugees generally reported fair access to housing, education, and
health services. However, because most Chin refugees lacked legal
status and were unable to work legally, they had inadequate income to
meet their basic needs and remained vulnerable to abuse,
discrimination, and harassment.
While the government respected the UNHCR's mandate of protection
for UNHCR-recognized groups in New Delhi and provided residential
permits to many of the UNHCR-recognized urban refugees, the government
did not recognize these populations in New Delhi and other cities as
``refugees,'' leaving them ineligible for certain rights and services
and vulnerable to harassment and gender-based violence. They did not
have the legal right to work and thus often worked for low wages in the
informal market. Many refugees did not have sufficient access to
education or basic services, although they received medical care in
free clinics. There were reports that refugees without residency
permits or other official documents were unable to access police or
courts.
Stateless Persons.--According to the Citizenship Act of 1955,
citizenship is derived from one's parents; birth within the country
does not guarantee citizenship. Any person born in the country on or
after January 26, 1950, but before July 1, 1987, obtained citizenship
by birth. A person born in the country on or after July 1, 1987,
obtained citizenship if either parent was a citizen at the time of the
child's birth. Those born in the country on or after December 3, 2004,
were considered citizens only if at least one parent was a citizen and
the other was not an illegal migrant at the time of the child's birth.
Persons born outside the country on or after December 10, 1992, were
considered citizens if either parent was a citizen at the time of
birth; however, those born outside the country since December 3, 2004,
were not considered citizens unless their birth was registered at an
Indian consulate within one year of the date of birth. Only in certain
circumstances and with the permission of the central government was it
possible to register after one year. Citizenship also can be obtained
through registration under specific categories and via naturalization
after residing in the country for 12 years.
On January 20, Indian-born Namgyal Dolkar became the first Tibetan
to get Indian citizenship after a Delhi High Court ruled in her favor.
Dolkar was born in Himachal Pradesh in 1986 but was denied an Indian
passport because her parents were Tibetans.
According to the UNHCR and NGOs, the country has a large population
of stateless persons, but there were no accurate estimates of the
number. Stateless populations include Chakmas and Hajongs, who migrated
to India from East Pakistan (now Bangladesh), and groups affected by
the 1947 partition of the Indian Subcontinent into India and Pakistan.
According to the UNHCR, 28,500 of the estimated 100,000 Tamil
refugees living in refugee camps in Tamil Nadu had applied for Sri
Lankan citizenship documents, but none had been issued by year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--The
country held a five-phase national election in April and May 2009 that
included 714 million eligible voters. National and local security
forces helped to ensure a relatively smooth election, although 65
persons were killed in voting-related violence. The Congress-led United
Progress Alliance government (a coalition of parties), headed by Prime
Minister Manmohan Singh, continued in power for a second term.
The country held state assembly elections in four states (Bihar,
Kerala, Jharkhand, and Tamil Nadu) and one Union Territory (Puducherry)
from April to May in which 140 million eligible voters participated.
The elections were largely peaceful and free of major violence.
Participation of Women and Minorities.--The law requires one-third
of the seats in local bodies (panchayats and municipal councils) to be
reserved for women. In addition, the country has no cultural or
traditional practices that prevented women from participating in
political life on the same basis as men, and women held many high-level
political offices. Women participated in politics throughout the
country at all levels.
The constitution stipulates that to protect historically
marginalized groups and to ensure representation in the lower house of
parliament, each state must reserve seats for scheduled castes and
scheduled tribes in proportion to their population in the state. Only
candidates belonging to these groups can contest elections in reserved
constituencies. In the 2009 elections, 84 seats for candidates from
scheduled castes and 47 seats from scheduled tribes were reserved,
representing 24 percent of the total seats in the lower house.
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 continued at a significant level. On December 14, parliament
was informed the CBI had registered and was investigating 517 cases of
alleged corruption between January and October. The Central Vigilance
Commission reported 39,123 officers were fined between 2008 and 2010
for being involved in corrupt practices. A 2010 Transparency
International report noted that 54 percent of the population admitted
to bribing authorities, with lower-income earners reporting paying more
bribes. Bribes typically were paid to speed up procedures, such as
police protection, school admission, water supply, or government
assistance. Half of the bribes were paid for the benefit of registering
for government assistance. The report also stated that the population
considered political parties to be the most corrupt institution in the
country. Civil society organizations drew public attention to
corruption throughout the year, including through new Web sites such as
www.ipaidabribe.com, which featured individual stories of corruption.
Social activist Anna Hazare led protests and fasted against
corruption in August, fighting for the introduction of a bill in
parliament. His anticorruption movement had less traction in the east
and Northeastern States compared with the north and the western parts
of the country. Hazare ended his fast on August 28 after parliament
agreed to draft new antigraft legislation.
On the occasion of the country's ratification of the U.N.
Convention Against Corruption in May, Prime Minister Singh noted his
``government's commitment to fight corruption and to undertake
vigorously administrative and legal reforms to enable our law-
enforcement agencies to recover the illicit assets stolen by corrupt
practices.''
Both the Election Commission and the Supreme Court upheld mandatory
disclosure of criminal and financial records for election candidates.
Election campaigns for parliament and state legislatures often were
funded with unreported money, and the government typically failed to
control the practice. During the year the Election Commission of India
(ECI) worked with NGOs and print and television media in Tamil Nadu in
an attempt control the practice and prevent political parties from
using undocumented cash to influence voters. After West Bengal's six-
phase elections, there was consensus among political parties, the
media, and observers that the efforts of the ECI led to an election
process that was fair and largely free of prejudice and intimidation.
The ECI also enforced a more accurate description of the candidates'
assets and liabilities.
The law mandates asset declarations for all Indian Administrative
Services officers. On March 2, the Bihar government announced that
70,000 officials who had not declared their assets would be liable to
lose one month's salary as a penalty. As a result nearly 85 percent of
the officials submitted their records.
The government designated chief vigilance officers to address
public complaints and grievances in the banking, insurance, and other
sectors that were serviced by private, public, and corporate bodies. In
addition several states established Lokpal or Lokayukta offices, which
serve as ombudsmen with the authority to investigate allegations of
corruption and poor administration.
The Central Vigilance Commission operated a toll-free hotline so
citizens across the country could lodge complaints against corrupt
government officials, as well as a Web portal, VIGEYE, which served as
a platform to share information between the public government agencies
and the vigilance commission. Registered users could upload video or
audio of acts of corruption. On March 10, the Ministry of Personnel,
Public Grievances, and Pensions informed parliament that 30 CBI
officials had been prosecuted on charges of corruption from 2008 to
January 2010. On August 10, the ministry stated there were 151 requests
for information involving 62 cases of prosecution of public servants
pending as of June.
During the year A. Raja, the former telecommunications minister,
and Kanimozhi, a member of the Rajya Sabha (upper house of parliament),
remained imprisoned pending trial in a scandal over an allegedly rigged
sale of the ``2G'' mobile phone spectrum in January 2008. The two were
accused of taking bribes and causing a theoretical loss to the national
treasury of up to 1.9 trillion rupees ($36 billion). Another former
telecommunications minister, Dayanidhi Maran, stepped down from his
cabinet post in July in the face of an investigation by the central
government into charges that he manipulated mobile phone licenses in a
separate, earlier incident.
On September 26, newspapers reported that Road Transport Office
(RTO) staffers killed Anant Lal Gupta, a truck driver in Uttar Pradesh,
after he refused to pay a bribe during a vehicle-checking safety drive.
The RTO constables allegedly demanded 1,000 rupees ($19), but the
victim was willing to pay only 500 rupees ($9.50). A First Incident
Report (FIR) was filed. The accused were suspended and subsequently
absconded. At year's end, the police had not traced them.
In September parliament initiated impeachment proceedings against
justice Soumitra Sen of the Kolkata High Court, who resigned before the
lower house was to vote. After his resignation, parliament dropped the
impeachment charges. Impeachment proceedings resulted from an inquiry
that declared him guilty of financial misconduct. Sen had mixed funds
entrusted to him in his capacity as a court-appointed receiver with his
own funds, failed to prepare and file accounts as required, and repaid
the money with interest only after he was directed to do so by a judge
of the Kolkata High Court
In July Karnataka's then chief minister, B.S. Yeddyurappa, was
forced to resign following his indictment in an illegal mining
investigation by Karnataka's Lokayukta. A number of corruption charges
were pending against Yeddyurappa, who also was implicated in several
land allocation scandals during his tenure as chief minister.
Established in 1984 to improve the standards of public administration
by investigating corruption, Karnataka's Lokayukta is generally
considered one of the strongest in the country.
Critics claimed that many government-run programs to alleviate
poverty and provide employment suffered from poor implementation and
corruption. For example, on June 14, newspapers reported on a Mahatma
Gandhi National Rural Employment Guarantee Act (NREGA) dam-building
scam in Dantewada. The NREGA program provided for 100 days of work for
rural households. The newspaper reported that 122 persons, several of
whom were dead, were listed as working in the program; the executive
engineer of the project disappeared shortly after the investigation
began. Senior officials estimated that nearly 40 to 50 percent of
government expenditures in Dantewada were lost to corruption.
On April 25, authorities arrested Suresh Kalmadi, the former chief
of the organizing committee of the Commonwealth Games, on charges of
cheating, conspiracy, and corruption in connection with the awarding of
several contracts, after the CBI questioned him for a fourth time. The
Commonwealth Games were plagued by allegations of financial
mismanagement, work safety violations, construction accidents, and
massive delays. At year's end the CBI probe continued, and Kalmadi
remained in Tihar Central Jail.
On March 3, unidentified men beat to death Niyamat Ansari, who was
working for the implementation of the NREGA, in Lathehar District,
Jharkhand. Ansari exposed a case of embezzlement of NREGA funds on
February 20 and lodged a FIR against the block development officer. On
August 4, the Ministry of Rural Development informed parliament that as
of July 7, 2,250 complaints regarding corruption in the NREGA had been
filed.
On January 29, the CBI registered a criminal case against 14
persons, including former chief minister Ashok Chavan, in connection
with the Adarsh housing scam in Maharashtra. The scam, which became
public in November 2010, involved Congress Party politicians,
bureaucrats, and military officers who allegedly purchased apartments
reserved for veterans and war widows. The CBI's failure to file
appropriate paperwork resulted in bail being granted to four persons.
On August 2, the Mumbai High Court chided the CBI for the slow pace of
its investigation. By year's end the CBI had questioned more than 100
persons, including former Maharashtra chief minister Sushil Kumar
Shinde.
The law provides for public access to information. Although the
government was often slow in response to requests, local community
members as well as noncitizens could access the Right to Information
(RTI) online portal to get information on personal documentation, city
plans, and other public records. RTI information can be requested only
by citizens. The government charged a fee of 10 rupees ($0.20) at the
time of the request. If a request is denied, one can appeal to the
Central Information Commission and then to the high court. There were
concerns that public authorities remained unable to implement the RTI
Act adequately, hindering the supply of information, and that rural
inhabitants were not always aware of their rights under the act. Many
states, including Jammu and Kashmir, also have right-to-information
laws. In 2010-11 the Central Information Commission reported receiving
28,875 complaints and appeals in regard to information obtained under
the RTI. Of these, 24,071were resolved.
On March 1, the MHA sent an advisory to all state governments and
union territories, informing them to take measures to ensure the safety
of RTI activists. On March 10, the Ministry of Personnel, Public
Grievances, and Pensions informed parliament that seven RTI activists
allegedly had been killed since 2009. This did not include the August
16 shooting death of Shehla Masood, an active RTI campaigner on
wildlife and bureaucracy in Bhopal.
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; however, in a few
circumstances groups faced restrictions. Government officials were
somewhat cooperative and responsive to their views. The country hosts
more than three million NGOs that advocate for social justice,
sustainable development, and human rights. The government generally met
with domestic NGOs, responded to their inquiries, and took action in
response to their reports or recommendations. The NHRC worked
cooperatively with numerous NGOs, and NGOs were represented on several
NHRC committees. However, while human rights monitors in Jammu and
Kashmir were able to document human rights violations, security forces,
counterinsurgents, and police at times restrained or harassed them.
Some international human rights NGOs faced difficulties obtaining
visas for their representatives, and occasional official harassment and
restrictions limited the public distribution of materials.
U.N. and Other International Bodies.--The government permitted
representatives of the U.N. and other international humanitarian
organizations, such as the ICRC, access to the Northeastern States and
Naxalite-controlled areas. On January 20, the U.N. special rapporteur
on human rights visited Kolkata, Gujarat, Jammu and Kashmir, and Odisha
(formerly Orissa) to assess the human rights situation in each area.
This was the first official U.N. visit to Jammu and Kashmir in 20
years.
The ICRC continued to work with the Indian Red Cross in Nagaland,
Chhattisgarh, and Assam, where teams provided household items, water,
and sanitation facilities for persons displaced by ethnic violence.
Government Human Rights Bodies.--The NHRC is an independent and
impartial investigatory and advisory body. It has a mandate to address
public servants' violations of human rights or negligence in the
prevention of violations, intervene in judicial proceedings involving
allegations of human rights violations, and review any factors
(including acts of terrorism) that infringe on human rights. The NHRC
has the ability to summon and enforce witness attendance, produce
documentation, and requisition public records. The NHRC also recommends
appropriate remedies for alleged wrongs by offering compensation to the
families of individuals killed or harmed extrajudicially by government
personnel; however, it cannot force the implementation of its
recommendations. The NHRC is not empowered to address allegations
leveled against military and paramilitary personnel.
On April 26, the NHRC announced it had settled 88,788 cases during
2010-11, of which 574 cases received monetary relief. In 2009-10 the
commission handled 86,050 cases, of which 398 cases received monetary
relief.
The government-appointed NHRC generally acted independently, but
some human rights groups claimed that institutional and legal
weaknesses hampered it. The president appoints members after
recommendations from parliament. While the NHRC has the authority to
initiate investigations, inquire into complaints, or request that a
state government submit a report--a request that state governments
often ignored--it does not have the statutory power to enforce
requests, initiate proceedings for prosecution, or grant interim
compensation, nor could it inquire independently into human rights
violations by the armed forces. Human rights NGOs criticized the NHRC's
financial dependence on the government and its failure to investigate
abuses more than one year old. They claimed that the NHRC did not
register all complaints, dismissed cases on frivolous grounds, failed
to investigate cases thoroughly, and did not adequately protect
complainants.
Twenty states also have human rights commissions, which hold
independent investigations but work under the NHRC. In six states the
position of chairperson was vacant. Human rights groups alleged that
state human rights commissions were limited by local politics and less
likely to offer fair judgments than the NHRC. For example, the Jammu
and Kashmir commission did not have the authority to investigate
alleged human rights violations committed by members of paramilitary
security forces.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, gender,
disability, language, religion, place of birth, or social status, and
the government worked with varying degrees of success to enforce these
provisions.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape. Punishment ranged from prison terms as long as
one year, a fine of 19,800 rupees ($375), or both. Official statistics
pointed to rape as the fastest growing crime, even when compared to
murder, robbery, and kidnapping. The NCRB stated that a woman is raped
in the country every 30 minutes. The NCRB reported 22,172 cases of rape
across the country in 2010. Law enforcement and legal avenues for rape
victims were inadequate, overburdened, and unable to address the issue
effectively.
Women in conflict situations, such as in Jammu and Kashmir, and
vulnerable women, including lower-caste or tribal women, were often
victims of rape. For example, human rights activists in Chhattisgarh
alleged that on July 6, police in the Maoist-affected Surguja district
raped and killed Meena Khalkho, a 16-year-old member of the Uraon
tribe. The police claimed that Khalkho was a Maoist killed in an
encounter near her village, a claim questioned by her family and
several other villagers. A postmortem report revealed sexual assault,
and Khalkho's family alleged that police raped and killed her. The
police tried to dismiss the allegation of rape by labeling Khalkho as a
``slut and habitual sexual offender.'' After severe media criticism and
protests by villagers, the Chhattisgarh government ordered two parallel
probes by a judicial magistrate and the state's CID. The probes by the
judicial magistrate and the CID continued at year's end.
On November 26, a 30-year-old call center employee walking home
from work allegedly was abducted from the Dhaula Kuan area of Delhi,
gang-raped in a moving car, and dumped in a different part of the city.
The victim was able to identify two persons, Shamshad and Osman, who
were put in judicial custody. At year's end five persons had been
arrested. The victim's name was not released to the media.
The law provides for protection from all forms of abuse against
women in the home, including physical, sexual, verbal, emotional, or
economic abuse, as well as threat of abuse; however, domestic abuse
remained a serious problem. Lack of law enforcement safeguards and
pervasive corruption limited the effectiveness of the law. The law
recognizes the right of a woman to reside in a shared household with
her spouse or partner while the dispute continues, although a woman can
be provided with alternative accommodations at the partner's expense.
The law also provides women with the right to police assistance, legal
aid, shelter, and access to medical care.
While the Ministry of Women and Child Development (MWCD) has issued
guidelines for the establishment of these social services, in practice
lack of funding, personnel, and proper training resulted in limited
services, primarily available in metropolitan areas.
Domestic violence continued to be a problem, and the National
Family Health Survey revealed that more than 50 percent of women
reported experiencing some form of violence in their home. The NCRB
reported that in 2010 there were 94,041 cases reported of ``cruelty by
husband and relatives.'' The MWCD reported that there were 6,483
protection officers appointed across the country.
On August 2, the Ministry of Home Affairs informed parliament that
according to the NHRC, 23,608 complaints of crimes against women were
received between April 2007 and March 1, 2011. Of these, 23,254 cases
had been resolved and 354 cases were pending for consideration. Delhi
accounted for 15.4 percent of total crimes with 3,701 cases.
Crimes against women were common. The NCRB estimated that there
were 213,585 crimes against women during 2010, compared with 203,804 in
2009, and noted that underreporting of such crimes was likely. These
crimes included kidnapping and abduction, molestation, sexual
harassment, physical and mental abuse, and trafficking. The NCRB
estimated the conviction rate for crimes against women was 28 percent.
Delhi recorded the highest incidence of crime against women with 3,886
cases, followed by Bengaluru, Andhra Pradesh with 1,570.
Harmful Traditional Practices.--The law forbids the provision or
acceptance of a dowry, but families continued to offer and accept
dowries, and dowry disputes remained a serious problem. The law also
bans harassment in the form of dowry demands and empowers magistrates
to issue protection orders. Deaths associated with the nonpayment of
dowries rose in the past several years. According to the NCRB, in 2010
there were 8,391 reported dowry deaths. Delhi had the highest incidence
of dowry deaths with 112, followed by 92 deaths in Kanpur, Uttar
Pradesh. However, since many cases were not reported and not properly
monitored, statistics were not complete. On August 4, the MWCD told
parliament that 5,650 cases of dowry were reported in 2009. The NCRB
reported 2,917 criminal cases related to dowries, with a conviction
rate of 21 percent.
Madhya Pradesh, Kerala, Bihar, and several other states had a chief
dowry prevention officer, although it was unclear whether these
officers were effective. In 2010 Madhya Pradesh required all state
government employees to produce sworn affidavits that no dowry was
exchanged, however, at year's end no updates were available on the
implementation of this provision. In November 2010 the Supreme Court
made it mandatory for all trial courts across the country to add the
charge of murder against persons accused in dowry death cases.
So-called honor killings continued to be a problem, especially in
Punjab and Haryana, where as many as 10 percent of all killings were
honor killings. In some cases the killings were the result of
extrajudicial decisions made by traditional community elders such as
``khap panchayats,'' unelected village assemblies that have no legal
authority. In an April decision, the Supreme Court of India declared
the decree or encouragement by khap panchayats to commit honor killings
illegal. Statistics for honor killings were difficult to verify, since
many such killings were unreported or were passed off as suicide or
natural deaths by the family members involved. NGOs estimated that at
least 900 such murders occurred every year in Haryana, Punjab, and
Uttar Pradesh alone. On April 20, the Supreme Court directed all states
to root out honor killings, warning them to punish officials who fail
to act against offenders; on May 11, the court expressed its support
for the death penalty in honor-killing convictions. The most common
justification for the killings offered by those accused or by their
relatives was that the victim married against her family's wishes.
On May 13, relatives of newlywed bride Gurleen Kaur killed Kaur and
her mother-in-law and injured the groom, reportedly because the couple
married against the wishes of the bride's family. Police registered
cases against eight persons by year's end. The incident happened
despite the fact that after the marriage the couple was under the
protection of the Punjab and Haryana High Court.
On September 8, a Delhi court sentenced five people to death,
holding them guilty of murder and fining each 20,000 rupees ($380) in a
2008 honor killing case. The bride's brothers and close family members
killed the groom's brother because the bride and groom were from
different religious groups.
Other forms of societal violence targeting women continued to
occur. On May 20, 11 persons invaded a house in Raipur District,
Chhattisgarh, and assaulted a woman, blinding her with scissors, for
witchcraft. Her husband also was blinded when he came to her aid.
Authorities arrested 10 suspects. Chhattisgarh passed a Witchcraft
(Prevention) Act in 2005 to prevent violence against women accused of
being ``witches,'' but the law had minimal impact in tribal areas.
Sexual Harassment.--On August 12, the MWCD reported to parliament
that 15,700 complaints of harassment and offenses against women had
been registered with the National Commission for Women (NWC) during
2010.
There are no legislative enactments or statutory policies against
sexual harassment and abuse at workplaces; all charges of sexual
harassment used the guidelines set forth in a 1997 judgment. The
guidelines are treated as law declared by the Supreme Court and
enforceable. The law does not provide for penalties; it outlines what
conduct is considered harassment and makes it incumbent on the employer
to include a prohibition of sexual harassment in employees' rules of
conduct and discipline. All state departments and institutions with
more than 50 employees are required to have committees to deal with
matters of sexual harassment.
According to the NCRB, 11,009 cases of sexual harassment were
reported in 2009, the latest year for which figures were released. The
NWC reported 15,566 complaints of sexual harassment during the same
time period; however, the NWC does not have enforcement authority.
According to a joint survey released on February 13 by the U.N.
Development Fund for Women and the NGO Jagori, approximately 66 percent
of women in Delhi had been sexually harassed between two and five times
in 2010. The survey reported that more than 40 percent of incidents of
harassment and molestation occurred in broad daylight, and nearly 45
percent of women believed that ``the police will do nothing'' if
approached. A November 2010 survey of female employees in the
information technology and outsourcing industry found that 88 percent
of them had faced some form of sexual harassment at work. In two-thirds
of the incidents, the perpetrator was a superior.
Sex Tourism.--A 2009 nationwide study commissioned by the MWCD and
completed by the NGO Gram Niyojan Kendra studied 68 tourist
destinations. It found that sex tourism occurred at sightseeing
attractions in major cities and also that pilgrimage centers were a
growing hub of sex tourism. The report stated that domestic tourists
were ``overwhelmingly involved'' in sex with commercial sex workers and
pointed to the lack of legislation at the state level or effective
measures to control sex offenders from revisiting sites. In response to
the study, the Union Minister for Tourism released a code of conduct
for ``safe and honorable tourism'' in July 2010. In 2011 the Ministry
of Tourism released new guidelines for the selection and granting of
licenses to regional tour guides.
Reproductive Rights.--The government permits health clinics and
local health NGOs to operate freely in disseminating information about
family planning. There are no restrictions on the right to access
contraceptives. Laws favoring families that have no more than two
children remained in place in seven states, but authorities seldom
enforced them. The laws provide reservations for government jobs and
subsidies to those who have no more than two children and reduced
subsidies and access to health care for those who have more than two.
National health officials noted that the central government did not
have authority to regulate state decisions on population issues.
According to the 2011 U.N. Population Fund State of World
Population Report, the maternal mortality ratio was 230 deaths per
100,000 live births in 2008. The major factors influencing the high
maternal mortality rate were lack of adequate nutrition, medical care,
and sanitary facilities. The World Bank estimated that 75 percent of
women received some prenatal care during the year, and the World Health
Organization (WHO) estimated 47 percent of births were attended by
skilled help, 75 percent of women made at least one prenatal visit, and
50 percent made at least four prenatal visits.
The government and NGOs started numerous initiatives to improve
women and children's health, including providing financial incentives
for women willing to give birth in a hospital, improving midwife
training, and increasing prenatal care via text messages, which provide
information on vaccinations, exercise, diet, medication, and how to
deal with emergencies that arrive during pregnancy.
The National AIDS Control Organization (NACO), which formulates and
implements programs for the prevention and control of HIV and AIDS,
reported that women accounted for about one million of the estimated
2.5 million citizens with HIV/AIDS. Infection rates for women were
highest in urban communities, and care was least available in rural
areas. Traditional gender norms, such as early marriage, limited access
to information and education, and poor access to health services
continued to leave women especially vulnerable to infection. NACO
actively worked with NGOs to train women's HIV/AIDS self-help groups.
Discrimination.--The law prohibits discrimination in the workplace;
in practice employers paid women less than men for the same job,
discriminated against women in employment and credit applications, and
promoted women less frequently than men.
In August 2010 the Supreme Court ordered the country's armed forces
to grant permanent commissions to women in noncombat roles. Previously
women in the armed forces were granted short-term commissions and then
forced to retire after a specified time. On June 16, the air force
announced a decision to grant permanent commissions to 22 female
officers. Two women still were serving, while 20 had retired after
serving for 14 years as short-service commission officers. In April
newspapers reported that the army had given permanent commissions to 18
female officers in its Education Corps.
Many tribal land systems, notably in Bihar, denied tribal women the
right to own land. Sharia (Islamic law) determines land inheritance for
Muslim women, allotting them less than men. Other laws relating to the
ownership of assets and land accorded women little control over land
use, retention, or sale. Several exceptions existed, such as in Kerala,
Ladakh, Meghalaya, and Himachal Pradesh, where women traditionally
controlled family property and enjoyed full inheritance rights.
According to the 2011 national census, the national average male-
female sex ratio at birth was 109.4 to 100. The Pre-Natal Diagnostic
Technical Act prohibits prenatal sex selection, but the law was rarely
enforced. Numerous NGOs throughout the country and some states have
attempted to increase awareness about the problem of prenatal sex
selection, promote girl children, and prevent female infanticide and
abandonment.
Children.--Birth Registration.--The law establishes state
governments' procedures for birth registration. According to UNICEF
approximately 58 percent of national births were registered each year,
and the registration rate varied substantially across the states.
Children lacking citizenship or registration may not be able to access
public services, enroll in school, or obtain identification documents
later in life (see also section 2.d., Stateless Persons).
Education.--The constitution provides free education for children
from six to 14 years of age, but the government did not enforce this
provision. On January 8, the Annual Survey of Education Report,
released by the NGO Pratham, revealed that 96.5 percent of children
between ages 6 and 14 were enrolled in schools in 2010, and 94.1
percent of eligible girls were enrolled. The survey noted that the
quality of education remained a matter of concern.
On April 15, a report by the MHRD stated that 124,022 children
between six and 14 years of age were out of school in Delhi, one year
after the Right to Free and Compulsory Education was passed. The act
makes education a fundamental right for children and enables every
child between the ages of six and 14 years to demand free elementary
education. However, there were numerous reports of schools refusing
admission or denying entry to underprivileged students. Across the
country more than eight million children between six and 14 years of
age remained out of school. On August 5, the MHRD informed parliament
that more than 20 percent of children dropped out of school between
grades one and six in 2008-09.
In its 2011 State of The World's Children report, UNICEF stated
that school attendance among girls dropped from 86 per cent at the
primary school level to 59 percent at the secondary school level. The
reasons for this included family pressure, lack of secondary schools in
rural areas, and poor quality of school facilities, including a lack of
dedicated sanitation facilities for girls. In Delhi drinking water
facilities were present at 100 percent of schools, but there were
reports of children being asked to carry water from home because the
water was contaminated and the supply irregular.
Child Abuse.--The law provides for protection against various forms
of child abuse, but child abuse remained common, including in school
and institutional settings, and the government failed to adequately
educate the public against child abuse or enforce the law. Although
corporal punishment is banned, teachers often used it. According to the
MHA Annual Report 2010-11, there were 24,201 cases of crime reported
against children in 2009, an increase from 22,500 cases in 2008.
In 2010 city police in Chennai, Tamil Nadu, conducted a training
program for police personnel to deal with child abuse cases and
complaints. Subsequently, police formed nine child abuse investigation
teams to investigate complaints of child abuse exclusively.
A 2007 study by the MWCD stated that approximately 69 percent of
children reported having been physically abused, 65 percent of
schoolchildren reported receiving corporal punishment at school, 53
percent of children reported sexual abuse, 48 percent of children
reported emotional abuse, and 71 percent of female children reported
neglect.
On February 1, a civil court upheld the order of the metropolitan
court reframing the charges against the principal and three teachers of
Kolkata's La Martiniere School for the suicide abetment of eighth-grade
student Rouvanjit Rawla, who hanged himself in 2009 after he was caned.
At the end of 2010, the four were free on bail but faced charges of
voluntarily causing hurt, punishment without grave provocation, and
negligence of duty. At year's end there was no update on when the case
would be heard in court.
During the year corporal punishment in city schools continued
despite a judicial ban issued during the year. A FIR was pending in the
2009 death of student Shanno Khan, who died after her teacher at the
Municipal Corporation of Delhi Girls Primary School in New Delhi forced
her to stand in the sun for more than one hour for failing to properly
recite the alphabet. The municipal commissioner ordered an inquiry and
temporarily suspended the principal and teacher. The postmortem report
attributed Shanno's death to a bout of epilepsy; her parents alleged
she was a victim or corporal punishment. At year's end the Delhi High
Court had not ruled on the case against her former teacher.
The government sponsored a toll-free 24-hour helpline for children
in distress in 72 cities. A network of NGOs staffed the ``Childline
1098 Service'' number, accessible by either a child or an adult to
request immediate assistance, including medical care, shelter,
restoration, rescue, sponsorship, and counseling.
Child Marriage.--The law sets the legal age of marriage for women
at 18 and men at 21. The law prohibits child marriage in any form and
empowers courts to annul such marriages. It also sets penalties for
persons who perform, arrange, or participate in such marriages.
However, in practice the law was not enforced. The law does not
characterize a marriage between a girl below age 18 and a boy below age
21 as ``illegal'' but recognizes such unions as void and voidable,
providing grounds for such unions to be challenged in court.
UNICEF's State of the World's Children 2011 report stated that 43
percent of women were married before age 18. In comparison, men got
married at a median age of 23.4 years. In February 2010 the Health and
Family Welfare Ministry reported that the national average age of
marriage for women was 20.6 years in 2008, up from 18.3 years in 2001.
According to the UNICEF report, women married as children contributed
to the country's high infant and maternal mortality, as early
motherhood resulted in the death of 6,000 adolescent mothers each year.
The law establishes a full-time child marriage prohibition officer
in every state to prevent and police child marriage. These individuals
have the power to intervene when a child marriage is taking place,
document violations of the law, and remove children from dangerous
situations in order to deliver them to local child protection
authorities.
Harmful Traditional Practices.--There is no national law addressing
the practice of female genital mutilation (FGM) and cutting. According
to human rights groups, between 70 and 90 percent of Bohra Muslims
practiced various forms of FGM. The states of Maharashtra, Gujarat,
Madhya Pradesh, and Rajasthan have a Bohra population estimated at one
million. Late in the year, several Bohra women began an online and
media campaign against FGM among the Bohra community.
Sexual Exploitation of Children.--The law prohibits child
pornography and states that the legal age of consent is 18. By law it
is illegal to procure a minor by any means and induce a minor into
prostitution or any form of ``illicit sexual intercourse,'' or to sell
or buy a minor for the purposes of prostitution. Violators are subject
to 10 years' imprisonment and a fine. Nevertheless, according to UNICEF
approximately 1.2 million children were prostituted and enslaved
throughout the country, and the country was a destination for child sex
tourism. To prevent child sex tourism, the Ministry of Tourism adopted
the code of conduct for safe tourism. The guide was posted later on the
ministry's Web site and informed readers that human trafficking and
sexual relationships with children are illegal.
Child Soldiers.--No information was available on how many persons
under the age of 18 were serving in the armed forces. There were
allegations that government-supported anti-Naxalite village defense
forces recruited children. Armed groups, including Naxalites and groups
in Jammu and Kashmir and in the Northeast States, were reported to be
using children (see section 1.g.).
Displaced Children.--Displaced children, including refugees, IDPs,
and street children, faced limits on access to government services (see
also section 2.d.) and were often unable to obtain medical care,
education, proper nutrition, or shelter. Such children were often
physically and sexually abused and forced to work in hazardous jobs,
such as rag picking (sorting garbage for recyclables). A 2011 study by
Save the Children found 50,923 children below age 18 on Delhi's
streets. Twenty percent of them were rag pickers, 15.2 percent were
street vendors, 15 percent were beggars, 12 percent worked in roadside
or repair shops, 6.2 percent worked at roadside restaurants or hotels,
and 1.2 percent worked in manufacturing.
Institutionalized Children.--Weak enforcement of laws and lack of
safeguards encouraged an atmosphere of impunity in group homes and
orphanages. NGOs alleged that many such homes for children operated
without government oversight or approval. The 2007 MWCD study stated
that approximately 56 percent of institutionalized children reported
being physically abused by staff. In some states, such as Uttar Pradesh
and Assam, more than 80 percent of such children reported physical
abuse. The reported incidence of abuse was also higher among children
housed in special homes due to ``conflict with the law'' than among
children institutionalized for other reasons.
In January, in response to an RTI petition filed by the child-
rights NGO Bachpan Bachao Andolan, the Women and Child Development
Department of the Government of the National Capital Territory of Delhi
stated that 1,807 children had run away from 26 shelter homes run by
NGOs and the Delhi government during 2006-10. According to the
government's reply, this number accounted for nearly 20 percent of all
children housed at the centers during the four-year period; as many of
97 percent of the runaways had not been found. The RTI reply also
stated that 29 children had died in the homes from illnesses during the
four-year period.
On July 30, a report by Child Rights and You (CRY), a child rights
organization, stated that 1,238 children, from infants to those age 18,
were reported missing between January and April. Police records for the
same time period documented only 408 missing children. At a public
hearing organized by CRY, parents alleged that police were refusing to
file missing person reports.
On August 25, the MWCD informed parliament that there were 1,199
shelter homes supported by the central government across the country,
benefiting 76,035 children. The MWCD stated that 22 states had not
established state commissions for protection of child rights, as
mandated under the 2005 Commission for Protection of Child Rights Act.
International Child Abductions.--The country is not party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For information see the Department of State's report at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html, as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--Jewish groups and the 1,500-person Jewish
population cited no reports of anti-Semitic acts during the year.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution does not explicitly
mention disability as a prohibited ground for discrimination. The
Persons with Disabilities Act (PDA) provides equal rights for persons
with the following disabilities: blindness, low vision, leprosy-cured
(those cured of leprosy but who still lack sensation in extremities or
suffer from deformity), hearing impairment, locomotor disability,
mental retardation, and mental illness. The law is weakened by a clause
that links implementation of programs to the ``economic capacity and
development'' of the government.
On August 8, the Ministry of Social Justice and Empowerment (MSJE)
informed parliament that the government had identified an additional
199 districts across the country as future locations for District
Disability Rehabilitation Centers (DRC). The DRCs are to provide
comprehensive rehabilitation services to the rural disabled, such as
early detection and medical intervention/surgical correction; fitting
of artificial aids and prosthetics; therapeutic services; educational
services; vocational training; and community awareness. There were
approximately 200 government-run centers across the country that
provided comprehensive, integrated rehabilitation services to persons
with disabilities.
During the year the central government relaunched the National
Portal of India Web site to be accessible to all users, regardless of
the device used, technology involved, or ability of the viewer.
External Web sites were maintained by the respective departments, which
were responsible for making the sites accessible to persons with
disabilities. In 2010 the MSJE was the first government Web site to
fulfill the accessibility norms for persons with disabilities.
Discrimination against persons with physical and mental
disabilities in employment, education, and access to health care was
more pervasive in rural areas. Despite legislation that all public
buildings and transport be accessible to the disabled, there was
limited accessibility. One notable exception is the Delhi metro system,
which was designed to be accessible to those with physical
disabilities. Mumbai installed new pedestrian crossing at busy
intersections that did not have audible signals for visually impaired
users. A national newspaper reported the signals were silenced after
local residents complained they were too noisy.
On July 22, the Delhi government announced that it would provide
free public bus passes to mentally disabled persons along with escorts.
The MHFW estimated that 6 to 7 percent of the population suffered
from a mental or psychosocial disability and that 25 percent of the
mentally ill were homeless. Disabled rights activists estimated that
the country had 40 to 90 million persons with disabilities.
Most of those with mental disabilities were dependent on public
health-care facilities and fewer than half of those who required
treatment or community support services received such assistance. There
was a severe shortage of trained staff; a WHO report released in
September 2010 estimated that the country had less than one
psychiatrist for every 300,000 persons, and most psychiatrists worked
in urban areas. In rural areas the ratio shrank to less than one
psychiatrist per one million persons. Continued lack of awareness about
mental disability led many patients, particularly in rural areas, to
seek assistance from traditional healers before seeking regular medical
treatment.
The PDA requires that 3 percent of public sector jobs be reserved
for persons with physical, hearing, or visual disabilities. The
government continued to allocate funds to programs and NGO partners to
increase the number of jobs filled. Private sector employment of
persons with disabilities remained low, despite PDA benefits to private
companies, where persons with disabilities constituted more than 5
percent of the workforce. The state government of Tamil Nadu passed an
order in 2010 reserving 3 percent of all positions in state public
services and educational institutions for physically disabled persons
and in all positions where reservations were applied for Scheduled
Caste/Scheduled Tribes and Backwards Classes.
The law also stipulates that 3 percent of all educational places be
reserved for persons with disabilities, but the MSJE stated that
students with disabilities made up only an estimated 1 percent of all
students. Some schools continued to segregate children with
disabilities or deny their enrollment due to lack of infrastructure,
equipment, and trained staff. UNICEF estimated that between 6 and 10
percent of all children in the country were born with disabilities. On
August 10, the MHRD informed parliament that 183 students with
disabilities were enrolled in central education institutions in 2010-
11.
The MSJE continued to offer scholarships to persons with
disabilities to pursue higher education. University enrollment of
students with disabilities remained low for several reasons, including
inaccessible infrastructure, limited availability of resource
materials, nonimplementation of the 3 percent reserved job requirement,
and harassment. For example, on June 22, a Delhi University student had
to be carried up to the first floor for a bachelor of business study
interview because the building did not have a ramp or elevator for
physically disabled persons, nor did the department hold the interview
on the ground floor.
On March 16, the MHRD informed parliament that there was no
proposal to establish schools for disabled children in every district
of the country. The MHRD noted that the objective of the central
government-sponsored schemes ``Inclusive Education for the Disabled at
the Secondary State'' and the ``Sarva Shiksha Abhiyan'' (SSA-Education
for All) provided for disabled children in all government and
government-aided schools. In February 2010 Delhi's SSA began training
teachers to provide home tutoring for children with disabilities.
On June 6, newspapers reported that the Delhi government had not
yet recruited permanent teachers for children with disabilities despite
a 2009 directive from the Delhi High Court requiring that at least two
special teachers be employed at each school on a permanent basis. The
Delhi government claimed to have hired 300 specially trained teachers,
but the Municipal Corporation of Delhi stated that such posts had not
yet been created and that no teachers had been employed.
On June 26, the central government approved two new scholarship
schemes for students with disabilities in Jammu and Kashmir. The
schemes are to provide 1,500 scholarships for physically disabled
persons to facilitate their higher education.
National/Racial/Ethnic Minorities.The national census does not
recognize racial or ethnic groups; population is categorized by
language spoken. Society has traditionally been divided into castes or
clans. Caste is a complex Hindu social hierarchy traditionally based on
ritual purity and occupation. While caste was outlawed in 1949, the
registration of castes and tribes remains for the purpose of
affirmative action programs. Article 15 of the constitution prohibits
discrimination on the basis of caste, and the government continued to
implement various programs to empower members of the low castes. The
law gives the president authority to identify historically
disadvantaged castes and tribes (who are outside of the caste system)
for special quotas and benefits; these are the Scheduled Castes and
Scheduled Tribes. Discrimination based on caste remained prevalent,
particularly in rural areas.
The term Dalit, derived from the Sanskrit for ``oppressed'' or
``crushed,'' refers to members of what are traditionally regarded as
the lowest Hindu castes, which are the Scheduled Castes (SC). Many SC
members continued to face impediments to social advancement. According
to the 2001 census, SC members constituted 16 percent (168.6 million
persons) of the population. The MHA 2010-11 annual report noted 33,594
cases of registered crimes against SC members in 2009, compared with
33,615 cases in 2008. On March 1, the MHA informed parliament that
4,410 Dalits were hurt in various incidents and 1,683 persons were
convicted of crimes against Dalits, according to NCRB records.
Although the law protects Dalits, in practice they faced violence
and significant discrimination in access to services such as health
care and education, attending temples, and marriage. Reports from the
U.N.'s Committee on the Elimination of Racial Discrimination described
systematic abuse of Dalits, including extrajudicial killings and sexual
violence against Dalit women. For example, on February 7, a 16-year-old
Dalit girl was mutilated when she resisted a rape attempt in Bindaki,
Uttar Pradesh. The attackers cut off her nose, ear, and part of her
hand and inflicted deep wounds on her legs and back. Authorities
arrested the three accused youths and put them in prison. At year's end
the case had not gone to trial.
Many Dalits were malnourished. Most bonded laborers were Dalits.
Dalits who asserted their rights often were attacked, especially in
rural areas. As agricultural laborers for higher-caste landowners,
Dalits often worked without remuneration. Crimes committed by upper-
caste Hindus against Dalits often went unpunished, either because the
authorities failed to prosecute or because victims did not report the
crimes due to fear of retaliation.
On January 14, Purushottam Dwivedi, a member of the Uttar Pradesh
state assembly from the Bahujan Samaj Party, was imprisoned for raping
a minor Dalit girl in December 2010 at his home in Banda District. The
girl escaped when Dwivedi allegedly attempted rape for the third time,
and she was subsequently arrested on theft charges. On January 20,
Uttar Pradesh Chief Minister Mayawati ordered the suspension of four
police officers and a jailer for their laxity and complicity in the
case. On September 21, the CBI registered a case against Dwivedi and
four others for the alleged rape. At year's end the case had not gone
to trial.
NGOs reported that students were denied admission to certain
schools because of their caste or were required to present caste
certification prior to receiving admission. According to the executive
director for the South India Cell for Human Rights Education and
Monitoring, caste discrimination continued in Karnataka, particularly
in rural areas. Dalits in rural Karnataka frequently were denied access
to temples, clean water sources, and passage through village streets.
The Tamil Nadu Untouchability Eradication Front (TNUEF) continued
to highlight continuing caste-based discrimination in the state.
According to the TNUEF, many Dalits were not permitted to walk on
public pathways, wear footwear, access water from public taps in upper
caste neighborhoods, participate in some temple festivals, bathe in
public pools, or use some cremation grounds. For example, Dalits in
Perali village, Perambalur District, reported that they could not ride
bicycles on streets where upper caste families reside. There were also
separate temples on upper caste and Dalit streets so that the two
communities could worship separately.
On June 17, the NHRC asked the Tamil Nadu government to submit a
report on the alleged beating of a Dalit boy who took water from a
public tap in Karikkilipalayam village, Coimbatore District. The NHRC
also asked the government to report on specific steps taken to prevent
future acts of discrimination against Dalits.
During the year there were reports that school officials barred
Dalit children from morning prayers, asked Dalit children to sit at the
back of the class, or forced Dalit children to clean school toilets
while denying them access to the same facilities. There were also
reports that teachers refused to correct the homework of Dalit
children, refused to provide midday meals to Dalit children, and asked
Dalit children to sit separately from children of upper caste families.
The federal and state governments continued to implement various
programs for scheduled caste members, ostensibly to provide better
quality housing, reserved seats in schools, government jobs, and access
to subsidized foods, but critics claimed that many programs suffered
from poor implementation and corruption.
In April 2010 members of the dominant Jat community burned 10 Dalit
homes in Mirchpur, Haryana, killing 70-year-old Tara Chand and his
disabled daughter Suman and injuring more than a dozen other
individuals. On September 24, newspapers reported that of the 97
persons accused, 82 of them were acquitted by a Delhi court. Fifteen
persons were convicted but none were found guilty of murder; three were
convicted of culpable homicide not amounting to murder, with a maximum
10-year jail term. After the verdict was announced, calm prevailed,
with both sides agreeing that the arrest of 97 persons was unjustified.
The issue of manual scavenging continued, and the National Advisory
Council set March 2012 as the new deadline for abolishing the practice,
despite the practice having been outlawed under the Employment of
Manual Scavengers and Construction of Dry Latrines (Prevention) Act of
1993. On September 21, Chennai's National Commission for Scavenger's
Welfare reported that men were being forced to get into sewage pits
without safety measures despite orders against the practice, and
requested state intervention. Violators may face up to one year's
imprisonment and a fine of 2,000 rupees ($38), but the law was not
enforced. In June six persons died in the Kolar Gold Fields, near
Bangalore, as a result of illnesses contracted from manual scavenging.
Indigenous People.--The constitution provides for the social,
economic, and political rights of disadvantaged groups of indigenous
people, and the law provides special status for indigenous people, but
authorities often denied them their rights. According to the Ministry
of Tribal Affairs 2010-11 annual report, there were more than 700
Scheduled Tribes (ST) in the country, and the 2001 census revealed the
population of scheduled tribes as 84.3 million, approximately 8 percent
of the total population. In April a pilot survey to identify households
below the poverty line found that Scheduled Castes and Tribes (SC/STs)
constituted half of the total of poor, deprived households.
In most of the Northeastern States, where indigenous groups
constituted the majority of the states' population, the laws provide
for tribal rights, although some local authorities attempted to violate
these provisions. The laws prohibit any nontribal person, including
citizens from other states, from crossing a government-established
inner boundary without a valid permit. No rubber, wax, ivory, or other
forest products may be removed from protected areas without prior
authorization. Tribal authorities must approve the sale of land to
nontribal persons.
According to the MHA Annual Report 2010-11, there were 5,425
criminal cases reported against members of Scheduled Tribes in 2009, a
slight decrease from the 5,582 cases reported in 2008. Tribal women
employed as domestic workers often were neither properly paid nor
protected from sexual exploitation. Land encroachment on tribal lands
continued in almost every state, despite limited efforts by the states
to combat it, as businesses and private parties continued to exert
political influence and pressure on local governments. Those displaced
by the encroachments typically were not provided with appropriate
relief and rehabilitation packages.
Numerous tribal movements demanded the protection of tribal land
and property rights. The government created tribal-majority states in
2000 from the Jharkhand area of Bihar and the Chhattisgarh region of
Madhya Pradesh, and authorities provided local autonomy to some tribes
in the northeast. Local activists claimed that the rights of tribal and
rural groups under the Forest Act continued to be manipulated. Weak
enforcement of the act often circumvented the free and informed consent
of tribal and rural groups prior to development.
On January 6, after several rounds of talks, the Rajasthan Gujjars
called off their protests for reservations for government jobs after
being assured a 5 percent quota in state government posts.
On April 13, the Odisha government dismissed the resolutions of
villagers claiming land rights over property the government planned to
give to the Posco Steel Plant. The Odisha government sent an
``assurance'' letter to the Ministry of Environment and Forests (MoEF)
stating that the land was free of any claims. On May 3, the MoEF
granted final approval for diversion of the land. Previous environment
ministry committees had concluded that the lands in question were
forest land and that the Odisha government had failed to allow the
villagers the opportunity to claim rights as required by the Forest
Rights Act.
On June 18, the High Court of Odisha upheld the government's August
2010 decision to reject the Vedanta firm's expansion plans because the
project violated environmental laws. The MoEF had rejected the Vedanta
firm's mining project in Odisha's Niyamgiri hills, home of the Dongria
Kondh tribe, citing breach of environmental law and concerns over the
rights of local tribes.
Civil rights organizations working with indigenous persons in
Kodagu District, Karnataka, alleged that more than 1,600 families had
been evicted since 1972 in state efforts to promote tourism. As of
September 732 families were identified by the state government for
compensation and received housing sites, 356 families moved to other
locations, and 512 families were waiting to return to homes in Kodagu
District.
There were no developments in the trial of Anil Dubey, a former
leader of the Hindu chauvinist political party Shiv Sena, who in
February 2010 allegedly raped and set on fire a 19-year-old tribal
teacher in Barwani, Madhya Pradesh. The victim suffered serious burns
and was hospitalized; Dubey was arrested and charged under the
Scheduled Castes and Tribe (Prevention of Atrocities) Act.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--In 2009 the Delhi High Court
overturned a portion of section 377 of the penal code, which prohibited
same-sex sexual activity. Section 3.7 still applies to cases involving
minors or coercive sex. While a few groups and individuals challenged
the ruling in the Supreme Court, within a few days of the announcement
the government decided not to oppose the verdict. The Supreme Court did
not render a judgment on the appeal by year's end. The law was still
used sporadically to target, harass, and punish lesbian, gay, bisexual,
and transgender (LGBT) persons.
Although LGBT groups were active throughout the country, sponsoring
events and activities including rallies, gay pride marches, film
series, and speeches, they faced discrimination and violence in many
areas of society, particularly in rural areas. Activists reported that
transgender persons who were HIV-positive often had difficulty
obtaining medical treatment. Activists also reported that some
employers fired LGBT persons who were open about their sexual
orientation or gender identity. LGBT persons also faced physical
attacks, rape, and blackmail. Some police committed crimes against LGBT
persons and used the threat of arrest to coerce victims not to report
the incidents. Several states, with the aid of NGOs, offered police
education and sensitivity trainings.
On July 4, Health Minister Ghulam Nabi Azad stated during an AIDS
conference in New Delhi that men having sex with men is a ``disease''
and ``unnatural.''
The benefits accorded to transgender persons vary across the
country. Tamil Nadu established a transgender welfare board in 2008 and
provided separate identity and ration cards to transgender persons. In
November 2010 the state of Karnataka announced that transgender persons
would be included in the ``Backward Classes'' list, making them
eligible for pensions, ration cards, and housing assistance under a
reservation scheme. The National Legal Services Authority included
transgender persons in the definition of marginalized groups, enabling
access to free legal aid.
On July 12, newspapers reported that military police charged with
protecting the South Central Railway arrested 212 transgender persons
during 564 coordinated campaigns in Hyderabad during the month of June
``to eradicate the alleged menace of eunuch.'' Authorities reportedly
filed charges against 201 of those arrested. Trials were pending for 26
persons; 11 were sentenced to imprisonment, and approximately 35,000
rupees ($665) in fines were collected.
There were a few positive developments for transgender persons
during the year. For example, on March 3, newspapers reported that
voters in Tamil Nadu had been able to enroll under the ``others''
category in the voter list. In the Chennai District, 292 transgender
persons were enrolled as ``others,'' as were 209 persons in Tiruvallur
District. On April 5, the names of 30 transgender voters in
Kancheepuram District were included as ``other'' in the supplementary
voter list. On August 8, the Ministry of Social Justice and Empowerment
informed parliament that the ECI had directed the chief electoral
officers in all states to modify electoral rolls to include the option
of ``other'' under sex for eunuchs and transgender persons.
Other Societal Violence or Discrimination.--According to the 2010-
11 annual report of NACO, the government agency responsible for
monitoring HIV/AIDS, there were approximately 2.3 million persons with
HIV/AIDS in the country, and according to the International Labor
Organization (ILO), as many as 70 percent faced discrimination. HRW
reported that many doctors refused to treat HIV-positive children and
that some schools expelled or segregated children because they or their
parents were HIV-positive. Many orphanages and other residential
institutions rejected HIV-positive children or denied them housing.
Incidents of discrimination were more frequent in rural areas.
The government continued its efforts to stop the spread of HIV/AIDS
by working with NGOs to deploy targeted interventions, improve
communication and condom promotion, and provide sexually transmitted
infection care and referrals for HIV testing and antiretroviral
treatment (ART) to high risk groups and bridge populations. A new
migrant strategy was launched to provide HIV prevention services to
migrants in 108 source districts and 47 transit districts, as well as
targeted intervention projects working in destination districts.
Social activists working with HIV-affected individuals claimed that
they still were being denied basic rights to education, employment, and
nutrition. For example, on June 3, three sisters living in Khadsaliya
village, Gujarat, committed suicide by drinking pesticide. Their mother
had died of AIDS in 2008. The sisters felt stigmatized because they
were HIV-positive and allegedly were treated as untouchables when they
ventured outside their home.
The Tamil Nadu State Aids Control Society (TANSACS) continued its
work to prevent the spread of HIV by providing funding for NGOs,
medical service, and prevention measures. In Tamil Nadu government-run
clinics provided free ART drugs. According to TANSACS and the Health
and Family department of Tamil Nadu, there were 43 state-run ART
centers. The Tamil Nadu government also supported 30 community care
centers providing treatment, care, and support to people with HIV/AIDS.
A state government order assisted women with HIV to obtain bank loans
through self-help groups. Six women were trained in starting small
businesses by the Central Leather Research Institute in Chennai. The
state government provided free bus passes to HIV-positive individuals
so that they could access treatment.
Societal violence based on religion continued to be a concern.
According to the MHA's most recent annual report, 111 persons died in
altercations between religious communities in 2010.
Civil society activists continued to express concern about the
Gujarat government's failure to arrest those responsible for communal
violence in 2002 that resulted in the killing of more than 1,200
persons, the majority of whom were Muslim. The Gujarat government
appointed the Nanavati-Mehta Commission to investigate the violence in
2002. In June the Gujarat government gave the commission another
extension, asking it to submit its report by December 31, 2011. On
December 21, the commission received its 17th extension; the new
deadline was March 31, 2012, for submission of its final report. The
Supreme Court appointed a Special Investigative Team (SIT) in 2008. In
May 2010 the SIT submitted to the Supreme Court its final report on the
complaint filed by Zakia Jafri, which blamed Gujarat Chief Minister
Narendra Modi and 60 others for complicity in the communal violence.
The court did not release the contents of the report to the public. On
March 15, the Supreme Court asked the SIT to conduct a further probe
and requested that the civil society activist and senior counsel, Raju
Ramachandran, conduct an independent probe into the SIT findings. The
SIT submitted its report to the Supreme Court on April 25, and on July
25, the SIT also submitted to the Supreme Court two status reports on
the nine other cases of Gujarat communal violence from 2002. The SIT
told the Supreme Court that trials in seven cases were nearing
completion and that the statements of witnesses were being recorded in
the other two cases. Ramachandran submitted his report on July 25. On
September 12, the Supreme Court referred Zakia Jafri's complaint to the
Gujarat state courts. The Supreme Court directed the trial court to
consider the SIT report and Ramachandran's report and decide if a
criminal complaint could be filed against Modi and 60 others.
Other forms of societal violence occurred. For example, in October
the body of seven-year-old Lalita Tati was found in Chhattisgarh after
she was reported missing. Police stated that she was ritually
sacrificed by two farmers and her liver offered to the gods to improve
their harvest. The two men were arrested. There were confirmed reports
of human sacrifice from other rural areas in the country. The
sacrifices by witchdoctors and indigenous rural dwellers are believed
to appease the gods, spirits, and deities.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions of their choice;
however, in some states registration of a trade union is subject to
prior permission from the state government. The right to form unions
and the right to collective bargaining are provided for by law.
However, there is no legal obligation on employers to recognize a union
or engage in collective bargaining. The law protects the right to
strike, but in export processing zones (EPZs) a 45-day notice is
required due to the EPZs' designation as ``public utilities.'' In
addition employee-only restrictions on entry to the EPZs limited union
organizers' access. Public employees have limited organizing rights and
may not strike. The law allows the government to ban strikes in
government-owned enterprises and requires arbitration in specified
essential industries; interpretations vary from state to state. State
and local authorities occasionally used their power to declare strikes
illegal and to force adjudication. The law prohibits retribution by
employers against employees involved in legal strike actions. The law
prohibits antiunion discrimination and provides for the reinstatement
of employees fired for union activity. There were no recorded instances
of sanctions on or retribution against employees during the reporting
period.
Enforcement of labor laws varies from state to state and from
sector to sector. Most of the country's union members were in the
formal sector; trade unions represented a small number of agricultural
and informal sector workers. An estimated 80 percent of unionized
workers were members of unions affiliated with one of five major trade
union federations. Four of the five major trade union federations are
associated with major political parties. All the unions, however, are
independent of the government. Unaffiliated unions generally were not
able to secure the protections and rights the law provides. In practice
legal protections of worker rights, including freedom of association,
were effective only in the organized industrial sector, in which
authorities generally prosecuted and punished persons responsible for
intimidation or suppression of legitimate trade union activities. When
parties cannot agree on equitable wages, the government may establish a
board composed of union, management, and government representatives to
make a determination. Specialized labor courts adjudicate labor
disputes, but there were long delays and a backlog of unresolved cases.
EPZ workers often were employed on temporary contracts. Workers stated
that they feared that complaints about substandard working conditions
would result in their dismissal. Since employers are not legally
obligated to recognize a union, some employers established and
recognized company unions or ``worker committees'' rather than allowing
representative unions, the threshold for which is a simple majority of
the regular workers. Furthermore, some companies refused to recognize
new unions; for example, a General Motors factory in Gujarat refused to
recognize a new union, the Gujarat Kamgar Mandal, claiming that it was
not a representative union.
In September 2010, after weeks of negotiations, a group of Foxconn
India employees went on strike at a facility in Chennai, demanding wage
increases and union recognition. The Tamil Nadu Labor Department
declared the strike illegal because no prior notice was given to
Foxconn management. Foxconn was located in an EPZ, and the law requires
that unions in EPZs must provide a strike notice. In October 2010
numerous employees occupying the facility were arrested but were
granted bail almost immediately. At year's end Foxconn had not
recognized the union. In October workers at the Manesar, Haryana,
factory of the Maruti-Suzuki company went on a strike demanding, among
other things, the formation of a new union. Following protracted
negotiations between the workers and the management, the strike was
called off and no new union was formed.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or bonded labor. Enforcement and compensation for victims were
the responsibility of state and local governments and varied in
effectiveness. Inadequate resources and societal tolerance of forced
labor were important factors. When inspectors referred violations for
prosecution, long court backlogs and inadequate prosecution sometimes
resulted in acquittals. Prison sentences for employers of forced
laborers could be as long as three years, but successful prosecutions
were rare.
The Ministry of Labor continued to partner with the NHRC and NGOs
to investigate allegations of bonded labor. During the year the
ministry expanded the convergence program to prevent bondage to the
states of Andhra Pradesh and Orissa. Established with the ILO in late
2009 in the states of Tamil Nadu, Andhra Pradesh, Haryana, and Orissa,
the initiative integrated existing government programs to target
workers vulnerable to bonded labor, starting with the brick kiln and
construction sectors.
On March 31, the Ministry of Labor reported that 289,327 bonded
laborers had been identified and released and 269,365 laborers had been
rehabilitated since a 1976 law abolishing bonded labor went into
effect.
On March 8, newspapers reported that the state government of Orissa
abolished the traditional practice of semibonded labor called the
``bartan'' after pressure from social activists and intervention from
the NHRC. Under the practice upper caste families extracted work from
barbers and washermen for as little as 15 kilograms (33 pounds) of
paddy rice a year.
Kerala police reported registering 399 human trafficking cases
between March and September and rescuing 637 victims. The majority were
bonded laborers working in hotels and restaurants, brick kilns, and the
construction industry. Kerala police arrested 244 individuals allegedly
involved in human trafficking during the initiative. At year's end the
cases were under investigation.
Forced labor practices remained widespread. Estimates of the number
of bonded laborers in the country varied widely; several NGOs placed
the number in the millions. Most bonded labor occurred in agriculture.
According to NGOs, nonagricultural sectors that had a high incidence of
bonded labor were stone quarries, brick kilns, rice mills,
construction, and beedi (hand-rolled cigarettes) production.
Members of Scheduled Castes and Tribes lived and worked under
traditional arrangements of servitude in many areas of the country. In
Arunachal Pradesh the Nishi tribe traditionally subjugated Sulungs or
Puroiks as customary slaves.
Ministry of Labor statistics showed a large decrease in the number
of bonded labor cases brought before the courts, although the extent to
which this reflected a decrease in bonded labor was unclear. The
Ministry of Labor cited fewer bonded laborers being identified and
rescued as evidence and attributed the decline to various government
programs aimed at tackling poverty and other social problems (see
section 7.c. below).
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
There is no overall minimum age for child labor. The law permits child
labor with some restrictions. Children may work only for six hours a
day, between 8 a.m. and 7 p.m., with one day's rest weekly. The
government defines hazardous occupations and processes and prohibits
work by children under age 14 in factories, mines, domestic service,
carpet weaving, roadside eateries, and other areas. On April 18, the
Supreme Court banned the employment of children in the circus industry
and directed state governments to devise comprehensive plans to remove
and rehabilitate children working in the circus industry.
The law establishes a penalty for employers of children in
hazardous industries of 20,000 rupees ($380) per child employed. The
fines go into a welfare fund for formerly employed children. The law
does not apply to family farms or family businesses, both large sectors
of the economy. Observers believed a law that came into force in April
2010 could help reduce child labor and trafficking in the long term by
increasing school enrollment among otherwise vulnerable children.
State governments enforce labor laws and employ labor inspectors,
while the Ministry of Labor provides oversight and coordination;
however, enforcement was inadequate. For example, in August Kolkata's
Telegraph newspaper reported that West Bengal had not convicted any
persons for violating the Child Labor Act in 2007-08, compared with the
national total of 904 convictions in the same time period.
In 2008-9 the Ministry of Labor reported 12,244 labor prosecutions
and 566 convictions nationwide. Employers in cottage industries often
claimed that child laborers were assisting their families, an exemption
under the law. Labor inspectors also generally did not investigate
family businesses, including farms, as these are not covered under the
labor law. The Ministry of Labor reportedly conducted 2,860 inspections
for domestic child labor (i.e., in a home) during 2008-10. It noted
2,277 violations and pursued two prosecutions, but there were no
convictions.
During India Action Week in September, the NGO Bachpan Bachao
Andolan, in conjunction with state governments and local police,
removed 86 child laborers in Delhi alone. The children were working in
scrap, leather, beedi, and purse factories. All of the children were
entitled to rehabilitation packages of 20,000 rupees ($420) and
priority access to government housing and education. Of the 20,000
rupees, some is given to the removed child's parents/guardians as
immediate relief. The remaining money is put into a bank account to be
used for the welfare of the child when the child turns 18 years of age.
The rehabilitation package also includes education and mid-day meals
for the child.
The Ministry of Labor reported more than 32,000 children were
removed from the workforce between January and August. According to the
ministry, from April 1988 until March 31, 2011, states provided
assistance to 705,000 former child laborers under the ministry's
National Child Labor Program.
The Ministry of Labor continued to raise awareness about child
labor and coordinated its efforts with states through advertisements in
leading newspapers, radio and television campaigns, and in some states
through the use of street theater. In July 2010 the Ministry of Labor
launched a five-year, 308.25 million rupee ($5.8 million) child labor
prevention program, with an emphasis on children vulnerable to
trafficking, in areas of Orissa, Madhya Pradesh, Gujarat, Jharkhand,
and Bihar. Some states were in the process of implementing action plans
to eliminate child labor from hazardous industries.
The incidence of child labor remained widespread. The government
estimated the number of child laborers at 1.2 million; UNICEF recently
estimated the number of child workers at 29 million. Some NGOs
estimated that there were between 50 and 115 million child workers.
Among factors contributing to the prevalence of child labor were social
tolerance of the practice, weak state and federal government
enforcement of existing laws, and poverty. The absence of a minimum age
for employment increased the risk of children falling victim to the
worst forms of child labor.
The majority of child labor occurred in agriculture and the
informal economy. The following industries also reportedly used child
labor: leather goods, carpets, embroidered textiles, brassware,
fireworks, footwear, hand-blown glass bangles, handmade locks, hand-
dipped matches, hand-quarried stones, hand-spun silk thread, hand-
loomed silk cloth, handmade bricks, roadside restaurants, roadside auto
repair shops, illegal mining, rice milling, sorting trash for items to
resell or recycle, and beedi production. A number of these industries
exposed children to hazardous work conditions.
Forced child labor, including bonded labor, also remained a serious
problem. Children were engaged in forced or indentured labor as factory
workers, domestic servants, and beggars, as well as in quarrying, brick
kilns, rice mills, silk thread production, and textile embroidery.
According to the Carpet Export Promotion Council, the incidence of
bonded child labor declined in formal sector carpet production due to a
combination of changing market preferences and campaigns to end child
labor by the government and NGOs. The Textiles Ministry, working
closely with the textile industry's association, the Apparel Export
Promotion Council of India, instituted a common compliance code known
as Project DISHA for apparel manufacturers that emphasizes ethical
standards, capacity building to meet international ethical sourcing
requirements, and assessments/remediation for factories.
According to a 2009 UNICEF report, private companies in Andhra
Pradesh reportedly employed 200,000 children in the hybrid seed
industry. Most were girls between the ages of seven and 14; the
children were predominantly Dalits and members of economically
disadvantaged castes and tribal groups forced to work in debt bondage.
They were abused routinely, exposed to dangerous pesticides, and denied
access to education.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--State government laws set
minimum wages, hours of work, and safety and health standards. Federal
law is applicable to all industries and sets safety and health
standards, but enforcement is by state governments. In 2010 the federal
government set the floor minimum wage at 100 rupees per day
(approximately $2) for its flagship Mahatma Gandhi National Rural
Employment Guarantee program. Minimum wages varied according to the
state and to the sector of industry. State governments set a separate
minimum wage for agricultural workers. The law mandates a maximum
eight-hour workday and 48-hour workweek, as well as safe working
conditions, which include adequate provisions for restrooms, canteens,
medical facilities, and ventilation. The law mandates a minimum rest
period of 30 minutes after every four hours of work and premium pay for
overtime. It does not mandate paid holidays and prohibits compulsory
overtime. The law does not give workers the right to leave workplaces
that endanger health and safety without jeopardizing their continued
employment.
Enforcement of all labor laws is done by respective state
governments. State labor inspectors typically are required to enforce a
minimum of at least 10 labor-related laws. Penalties are not sufficient
to deter violations, and the number of inspectors was insufficient to
enforce the diverse array of labor laws.
Laws on wages, hours, and occupational health and safety do not
apply to the informal sector, which employed nearly 93 percent of the
workforce. Violations of wage, overtime, and occupational safety and
health standards were common in the informal sector. State governments
did not effectively enforce minimum wage laws for agricultural workers.
Enforcement of safety and health standards was poor, especially in
the informal sector but also in some formal sector industries. Workers
in small, low technology factories were often exposed to hazardous
working conditions. The country's undocumented foreign workers did not
receive basic occupational health and safety protections.
There were no new specific government actions to prevent
violations, improve wages, or improve working conditions during the
year.
In a study conducted in 2009 and late 2010, the National Referral
Centre for Lead Poisoning Prevention in India found dangerous levels of
lead in blood samples collected from a cross-company study of workers
in the country's battery industry. The government had not established
biological exposure indices for lead or other hazardous chemicals for
the workplace.
Industrial accidents occurred frequently. According to government
statistics, there were 1,454 workplace fatalities reported from across
the country in 2010. In April a fire in a Delhi shoe factory killed 10
workers. In September three people were killed and more than 15 injured
in a fire at a cloth factory in Thane, Maharashtra. Chemical industries
had the highest number of accidents. Safety conditions were in general
better in the EPZs than in the manufacturing sector outside the EPZs.
Coal mines located in Jaintia District, Meghalaya, had poor working
conditions. The privately owned mines employed mostly young adults who
were not provided any protective gear. The mines had no safety systems
or hardware, were unregulated, and did not fall under the ambit of the
safety regulations.
Members of Scheduled Castes and Tribes, including children, often
worked as rag pickers, recycling trash under hazardous and generally
substandard conditions. Workers from these groups also cleaned sewers
and drains of human excrement without proper equipment and under
extremely unsanitary conditions.
__________
KAZAKHSTAN
executive summary
The Republic of Kazakhstan has a parliamentary system dominated by
President Nursultan Nazarbayev and the ruling Nur Otan Party. The
constitution concentrates power in the presidency. The president
controls the legislature and the judiciary as well as the regional and
local government. Changes or amendments to the constitution require
presidential consent. The April 3 presidential election, in which
President Nazarbayev received 95 percent of the vote, fell short of
international standards. The 2007 national elections for the Mazhilis
(lower house of parliament), in which Nur Otan won every seat in the
chamber with 88 percent of the vote, also were flawed. Some security
forces reported to civilian authorities; intelligence services reported
to an army general who was appointed as head of the Ministry of
Internal Affairs.
The most significant human rights problems were severe limits on
citizens' rights to change their government; restrictions on freedom of
speech, press, assembly, and association; and lack of an independent
judiciary and due process, especially in dealing with pervasive
corruption and law enforcement and judicial abuse. On December 16 and
17, public violence in Mangistau Oblast fueled by a long-running strike
and other social grievances left at least 17 people dead and over 100
injured.
Other reported abuses included: arbitrary or unlawful deprivation
of life; military hazing that led to deaths; detainee and prisoner
torture and other abuse; harsh and life-threatening prison conditions;
arbitrary arrest and detention; infringements on citizens' privacy
rights; restrictions on freedom of religion; prohibitive political
party registration requirements; restrictions on the activities of
nongovernmental organizations (NGOs); violence and discrimination
against women; abuse of children; trafficking in persons;
discrimination against persons with disabilities and ethnic minorities;
societal discrimination against gay, lesbian, bisexual, and transgender
persons, and persons with HIV/AIDS; forced labor; and child labor.
The government took modest steps to prosecute officials who
committed abuses, especially in high-profile corruption cases; however,
corruption was widespread and impunity existed, particularly for people
with connections to government or law enforcement officials.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the government or its agents committed arbitrary or unlawful
killings.
On December 16 and 17, law enforcement officers shot into crowds of
rioters in Zhanaozen and the nearby village of Shetpe, leaving at least
17 people dead and over 100 injured. According to data from the
Zhanaozen hospital, over 85 percent of patients had bullet wounds.
Unconfirmed videos posted online by opposition-affiliated groups
depicted law enforcement officials shooting into the crowds. Rioters
began by disrupting an Independence Day celebration in the main square
and set fire to the local government headquarters, local businesses,
banks, and stores, which experienced heavy looting. A government-led
investigation resulted in the arrests of four law enforcement
officials, including three with supervisory responsibilities, for
excessive use of force. The report also revealed formal corruption
accusations against two previous Zhanaozen mayors, a KazMunayGaz
subsidiary director, and a Munay Ecology Ltd. director. According to
the report, authorities arrested 55 civilians for participation in the
riots or looting.
On May 8, Dmitry Rakishev died in a Stepnogorsk pretrial detention
facility after authorities arrested him for theft on April 29. Although
authorities claimed that Rakishev died of pneumonia or tuberculosis
aggravated by broken ribs incurred by falling from his bed, human
rights activists asserted that detention center staff abused him and
caused his death. On October 19, police opened a criminal investigation
in connection with Rakishev's death. On December 20, the investigation
was completed, and the case was forwarded to the courts. The former
Director of the Stepnogorsk pretrial detention facility D. Abetov was
charged for failure to take action.
Military hazing led to deaths, suicides, and serious injuries. For
example, on June 8, military hazing, including abuse and extortion of
money by older soldiers for over three months, led conscript Madi
Aytakhynov to commit suicide. The Prosecutor General's Office (PGO)
arrested two suspects in an ongoing investigation.
The government reported 15 incidents of nonlethal military hazing
during the year. The government did not publish statistics on the
number of deaths linked to hazing during the year. The number of
suicides in the army decreased significantly from the previous year.
Authorities reported two suicides. There were 17 in 2010.
b. Disappearance.--There were no reports of disappearances during
the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture; nevertheless, the police and
prison officials regularly beat and abused detainees, often to obtain
confessions. For example, on March 6, police beat Saran student Mikhail
Lutoshkin to obtain a confession in connection with the theft of a cell
phone. A city court convicted the head of the Saran Criminal Police,
Vadim Koriaka, and officer Ruslan Aukenov, of torture and sentenced
them to three-and-a-half and two-and-a-half years in prison,
respectively.
Human rights activists asserted that the legal definition of
torture was too vague and did not meet U.N. standards and that the
penalties for the crime were too lenient. The PGO, the Presidential
Human Rights Commission, and the human rights ombudsman acknowledged
that some law enforcement officers used torture and other illegal
methods of investigation. Human rights and international legal
observers noted investigative and prosecutorial practices that
overemphasized a defendant's confession of guilt over collecting other
types of evidence in building a criminal case against a defendant.
Courts generally ignored allegations by defendants that officials had
obtained confessions by torture or duress.
At an October 2010 event hosted by the Office of the U.N. High
Commissioner for Refugees (UNHCR) and several NGOs, Manfred Nowak, the
U.N. special rapporteur on torture and other cruel, inhuman, or
degrading treatment or punishment, stated that according to his
assessment, torture in Kazakhstan was not widespread, although a
culture of impunity allowed police to use extreme methods, such as
heavy beating and asphyxiation, to obtain confessions. Nowak stated
that police rarely investigated complaints of torture.
The human rights ombudsman reviewed prisoner and detainee
complaints. The ombudsman can either issue a recommendation directly to
the relevant agency or release a public statement, although it legally
cannot force compliance with its recommendations. The Coalition of NGOs
against Torture received 156 complaints during the year. Local NGOs
reported that the government acknowledged publicly that torture was a
problem.
The government charged 97 military service members with crimes
related to military hazing and abuse of power during the year, compared
with 162 in 2010.
The government investigated some allegations of conscript hazing
and prosecuted soldiers who engaged in this abuse, forwarding 12 hazing
cases to the courts, resulting in 10 convictions. The Ministry of
Defense continued unannounced inspections and required systematic
reports from senior officers about hazing in their units.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening. Facilities did not meet international
health standards. Scarcity of medical care continued to be a problem.
Prisoners had access to potable water. NGOs reported that approximately
half of the inmate population needed professional treatment, especially
for HIV/AIDS, tuberculosis, and other infectious diseases. Abuse
occurred in police cells, pretrial detention facilities, and prisons.
Observers cited severe overcrowding, poor treatment of inmates and
detainees, and the lack of professional training programs for
administrators.
According to observers, prisoners and detainees generally had
reasonable access to visitors. At an October 2010 event, Special
Rapporteur Nowak stated that, in his six years in office, Kazakhstan
was the only country that had attempted to conceal the actual situation
in its prisons. Human rights activists reported complaints that prison
administrators interfered with prisoners' religious observance. The
Coalition of NGOs against Torture reported an increase in the
submission of all complaints from prisoners.
International NGOs expressed concern that the August 1 transfer of
the penitentiary system from the Ministry of Justice back to the
Ministry of the Interior could compromise the fair treatment of
prisoners, and experts expressed concern that it could aggravate
existing poor prison conditions.
During the year, the government reported 45 deaths in pretrial
detention centers and police cells, compared with 31 in 2010, and Penal
Reform International reported 299 deaths in prisons. The government
reported 14 suicides in pretrial detention facilities and police cells,
a decrease from 40 in 2010. Penal Reform International reported 49
suicides in prisons, up from 36 in 2010. According to the latest
government statistics, there were approximately 52,000 prisoners and
detainees in pretrial facilities. The government took steps to decrease
the total number of prisoners. January 1 amendments to the criminal
code lowered penalties for some categories of crimes, resulting in the
release of 8,390 prisoners. An amnesty bill signed into law on December
29 planned the release of 2,142 prisoners, reduction of sentences for
534, and amnesty for 13,511 parolees. Although alternatives existed for
sentencing non-violent offenders, officials and NGOs noted that they
remained underutilized.
Incidents of inmates' self-mutilation as a protest against harsh
prison conditions and abuse increased considerably, with 229 cases
involving 386 inmates reported during the year; 47 were group
mutilations.
On August 26, 35 prisoners in prison UZD 158/2 rioted after police
suppressed a self-mutilation protest against abuse. In response to
public pressure, prison administrators later admitted that officers
previously applied force against 28 prisoners during a search for
illegal paraphernalia. Authorities did not launch an investigation.
Civil society activists worked with the councils for public
oversight of the Ministry of Justice and the Ministry of Internal
Affairs, as well as the human rights ombudsman's Countertorture Working
Group, to monitor the situation in prisons and detention facilities.
Many observers criticized the councils for lacking independence and
clearly defined authority or power.
The government addressed systemic patterns that encouraged prisoner
abuse by increasing access for regional penitentiary oversight
commissions, training programs for prison officials, and police
seminars. By year's end, authorities had prosecuted 132 law enforcement
officials for abuses, compared with 48 in 2010. Authorities
investigated six law enforcement officers on torture charges, and
courts convicted four.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but problems remained.
Role of the Police and Security Apparatus.--The Ministry of
Internal Affairs supervises the national police force, which has
primary responsibility for internal security, including investigation
and prevention of crimes and administrative offenses and maintenance of
public order and security. The Agency for Combating Economic and
Corruption Crimes (Financial Police) has administrative and criminal
investigative powers. The Committee for National Security (KNB) plays a
role in border security, internal security, antiterrorism efforts, and
the investigation and interdiction of illegal or unregistered groups,
such as extremist groups, military groups, political parties, religious
groups, and trade unions. The KNB, Syrbar (a separate foreign
intelligence service), and the Financial Police report directly to the
president. The April 12 appointment of General Kalmukhanbet Kasymov
ended a tradition of civilian interior ministers.
During the year the government accepted 4,150 complaints on the
Minister of Internal Affairs' blog, 329 of which related to police
corruption and abuse. A separate Ministry of Internal Affairs blog
designed to register complaints against law enforcement officials
received 390 complaints. The majority of ministers, including the prime
minister, maintained similar personal blogs.
The prosecutor general chaired a council for coordination of law
enforcement operations. Staff included heads of other law enforcement
agencies. Among its many duties, the council reviewed complaints
against law enforcement.
The Ministry of Internal Affairs cooperated with NGOs to provide
human rights training programs for local police. The government
cooperated with international organizations to provide limited law
enforcement training courses aimed at decreasing abuse by emphasizing
investigative skill development.
Arrest Procedures and Treatment While in Detention.--Although the
judiciary has the authority to sanction arrests, independent observers
reported that judges usually sanctioned prosecutors' requests. Arrest
data for 2010 and 2011 is unavailable. Prosecutors continued to have
the power to authorize investigative actions, such as search and
seizure.
Persons detained, arrested, or accused of committing a crime have
the right to the assistance of a defense lawyer from the moment of
detention, arrest, or accusation. The law does not require police to
inform detainees that they have the right to an attorney, and in
practice police did not do so. Human rights observers alleged that law
enforcement officials dissuaded detainees from seeing an attorney,
gathered evidence through preliminary questioning before a detainee's
attorney arrived, and, in some cases, used corrupt defense attorneys to
gather evidence. The law states that the government must provide an
attorney for an indigent suspect or defendant when the suspect is a
minor, has physical or mental disabilities, or faces serious criminal
charges. In practice public defenders often lacked the necessary
experience and training to assist defendants. Defendants are barred
from freely choosing their defense counsel if the cases against them
involve state secrets. The law only allows lawyers who have special
clearance to work on such cases.
Arbitrary Arrest.--Prosecutors reported continuing problems with
arbitrary arrest and detention of citizens. According to the
government, police did not detain any individuals illegally in police
cells or pretrial detention facilities; however, unverified media
reports recorded 18 incidents of illegal detention by police during the
year, and the Prosecutor General's Office reported the release of 1,063
individuals illegally detained and held in police offices, 490 of whom
were minors and 93 of whom were women.
The government occasionally arrested and detained government
opponents and critics, sometimes for minor infractions such as
unsanctioned assembly, which incurred either fines or 10 days of
administrative arrest. There were no allegations of prolonged detention
for political offenses.
Pretrial Detention.--The law allows police to hold a detainee for
72 hours before bringing charges. Human rights observers criticized
this period as too lengthy and said that authorities often used this
detention to exert pressure and extract confessions. A bail system
exists but was not used widely, and many individuals remained in
pretrial detention until their trial. By law prisoners are granted
prompt access to family members; however, prisoners sometimes are sent
to facilities located far from their homes and relatives, and thus
access is restricted for those who cannot afford to travel.
Amnesty.--An amnesty bill signed into law on December 29 planned
the release of 2,142 prisoners, reduction of sentences for 534, and
amnesty for 13,511 parolees.
e. Denial of Fair Public Trial.--The law does not provide for an
independent judiciary. The executive branch limited judicial
independence. Prosecutors enjoyed a quasi-judicial role and had the
authority to suspend court decisions.
Corruption was evident at every stage of the judicial process.
Although judges were among the most highly paid government employees,
lawyers and human rights monitors alleged that judges, prosecutors, and
other officials solicited bribes in exchange for favorable rulings in
the majority of criminal cases. On April 15, the Senate dismissed six
of the country's 44 Supreme Court judges, and subsequently replaced the
chief justice. In July, the Ministry of Justice fired 35 judges and
recommended to the president that an additional 52 also be fired. The
ministry promised to monitor an additional 103 judges closely for signs
of corruption.
Military courts have jurisdiction over civilian criminal defendants
allegedly connected to military personnel undergoing a criminal trial.
Military courts use the same criminal code as civilian courts.
Trial Procedures.--All defendants enjoy a presumption of innocence
and are protected from self-incrimination. Trials are public except in
instances that could compromise state secrets or when necessary to
protect the private life or personal family concerns of a citizen.
Nevertheless, there were several reported cases of journalists and
observers denied access to open court hearings. Only defendants charged
with capital crimes are entitled to trial by jury.
Courts conducted jury trials for aggravated murder cases. Observers
noted that the juror selection process was inconsistent and that
judges, who deliberated with the jurors, tended to dominate the
process. The government reported that there were 355 jury trials during
the year, in which 461 defendants were convicted and 30 were acquitted.
Defendants in criminal cases have the right to counsel and to a
government-provided attorney if they cannot afford counsel. Under the
criminal procedure code a defendant must be represented by an attorney
when the defendant is a minor, has mental or physical disabilities,
does not speak the language of the court, or faces 10 or more years of
imprisonment. In practice defense attorneys reportedly participated in
only half of all criminal cases, in part because the government did not
provide sufficient funds to pay them. The law also provides defendants
the right to be present at their trials, to be heard in court, to
confront witnesses against them, and to call witnesses for the defense.
They have the right to appeal a decision to a higher court. According
to observers, defense attorneys played a narrow role in trials, which
were dominated by prosecutors.
Domestic and international human rights organizations reported
numerous problems in the judicial system, including lack of access to
court proceedings, lack of access to government-held evidence, frequent
procedural violations, poor explanation of rights to defendants, denial
of defense counsel motions, and failure of judges to investigate
allegations that authorities extracted confessions through torture or
duress. Activists called for the use of juries for a wider range of
trials. Lack of due process was a problem, particularly in a handful of
politically motivated trials involving protests by opposition activists
and in cases in which improper political or financial influence was
alleged.
On January 18, a prison commission denied human rights activist
Yevgeniy Zhovtis's petition for early release following an
administrative reprimand for watching a the World Cup final match after
``lights out.'' On August 2, the commission denied Zhovtis's second
application for early release due to his February 10 administrative
reprimand after a dispute with fellow prisoners over his ability to eat
food brought in from outside the prison. Local human rights activists
and international NGOs insisted that the parole denials were
politically motivated and based on arbitrary administrative reprimands.
In September 2009 a court had sentenced Zhovtis to four years in prison
for vehicular manslaughter, stemming from a July 2009 accident in which
Zhovtis struck and killed a pedestrian with his car. Local and
international observers strongly criticized the trial for numerous
procedural violations. Higher courts rejected two subsequent appeals.
Some observers alleged that the sentence imposed on Zhovtis, a critic
of the government, was harsh and politically motivated.
Political Prisoners and Detainees.--Local and international human
rights NGOs have asserted that the prison sentence imposed on Yevgeniy
Zhovtis amounted to a politically motivated attempt to silence a vocal
critic at a sensitive time. Although Zhovtis was monitored closely in
prison, he was allowed to publish articles and release statements.
Prison administrators approved two of his requests to leave the penal
colony temporarily but did not grant him permission to work permanently
outside the colony. Authorities allowed NGOs and diplomats frequent
access to Zhovtis. The general prisoner amnesty signed on December 29
planned Zhovtis's release for early 2012.
Civil Judicial Procedures and Remedies.--Economic and
administrative court judges handle civil cases under a court structure
that largely mirrors the criminal court structure. The law and
constitution provide for the resolution of civil disputes in court. In
practice, observers viewed civil courts as corrupt and unreliable.
Observers noted that litigants experienced difficulty in having
judgments enforced, particularly if they did not agree to pay a
percentage to the court administrator.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit privacy violations;
however, the government at times infringed on these rights.
The law provides prosecutors with extensive authority to limit
citizens' constitutional rights. The KNB, the Ministry of Internal
Affairs, the Financial Police, and other agencies, with the concurrence
of the PGO, may infringe on the secrecy of private communications and
financial records, as well as on the inviolability of the home. Courts
may hear an appeal of a prosecutor's decision but cannot issue an
immediate injunction to cease an infringement. In June 2009 parliament
amended the criminal procedure code to expand the range of cases in
which police could wiretap and record communications without a warrant
by allowing wiretapping in cases of medium gravity, as well as in
urgent and grave ones, which was previously the standard.
Government opponents and their family members continued to report
that the government occasionally monitored their movements and
telephone calls.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and the law provide for freedom of speech and
of the press; however, the government used a variety of means,
including laws, harassment, licensing regulations, Internet
restrictions, and criminal and administrative charges to control the
media and limit freedom of expression. Judicial actions against
journalists and media outlets, including civil and criminal libel suits
filed by government officials, contributed to the suspension of media
outlets and self-censorship.
Freedom of Speech.--The government limited individuals' ability to
criticize the country's leadership, and regional leaders attempted to
limit local media outlets' criticism of them. The law prohibits
insulting the president, the president's family, and other senior
officials.
Freedom of the Press.--According to official statistics, the
government owned 15 percent of the 3,018 media outlets. Many privately
owned newspapers and television stations received government subsidies.
Companies allegedly controlled by members of the president's family or
loyal associates owned the majority of those broadcast media outlets
that the government did not control outright. Media observers believed
that most of the seven nationwide television broadcasters were owned
wholly or partly by the government. Regional governments owned several
frequencies, and the Ministry of Communications and Information
distributed them to independent broadcasters via a tender system.
All media were required to register with the Ministry of
Communications and Information, although Web sites were exempt from
this requirement. The most recent government frequency tenders in 2009
and 2008 led to charges of corruption and inequity in the licensing
process.
The law limits the rebroadcast of foreign-produced programming to
20 percent of a station's total airtime. This provision burdened
smaller, less developed regional television stations that lacked
resources to develop programs, although the government did not sanction
any media outlet under this provision.
Violence and Harassment.--Harassment of, and violence against,
journalists decreased. During the year press advocacy NGO Adil Soz
recorded 14 attacks on newspaper offices and journalists, compared with
20 in 2010. According to the NGO, reporters were prevented from
performing their professional duties in 43 instances, compared with 46
the previous year, and journalists were denied or given significantly
restricted access to public information 307 times, compared with 368 in
2010. Journalists working in opposition media and those covering
corruption reported harassment and intimidation by government officials
and private actors.
On March 30, unknown assailants beat Svoboda Slova newspaper
journalist Igor Larra on his way home from work, allegedly for his
reporting on striking oil workers in Zhanaozen. Police did not
apprehend any suspects.
Censorship or Content Restrictions.--The law enables the government
to restrict media content under amendments that prohibit undermining
state security or advocating class, social, race, national, or
religious superiority, or cruelty and violence. Owners, editors,
distributors, and journalists may be held civilly and criminally
responsible for content unless it came from an official source. The
government used this provision to limit media freedom.
Libel Laws/National Security.--The law on state secrets makes it a
criminal offense to release information regarding the health, finances,
or private life of the president, as well as economic information, such
as mineral reserves and government debts to foreign creditors. To avoid
possible legal problems, media outlets often practiced self-censorship
regarding information on the president or his family.
Private parties could initiate criminal libel suits without
independent action by the government, and an individual filing such a
suit would be able to file a civil suit as well based upon the same
allegations. Officials used the law's restrictive libel and defamation
provisions to constrain media outlets from publishing unflattering
information. Both the criminal and civil codes contain articles
establishing broad liability for libel, with no statute of limitation
or maximum amount of compensation. The requirement that owners,
editors, distributors, publishing houses, and journalists prove the
veracity of published information, regardless of its source, promoted
self-censorship at each level.
NGOs and monitors reported that libel cases against journalists and
media outlets remained a problem. During the year Adil Soz cited 27
criminal and civil lawsuits filed against media outlets and
journalists, compared with 85 in 2010. During the year five journalists
were serving prison sentences.
Publishing Restrictions.--The law prohibits publication of any
statement that promotes or glorifies ``extremism,'' a term that
international legal experts said the government had not clearly
defined. The government subjected media outlets willing to criticize
the president directly to intimidation, such as law enforcement actions
or civil suits. Although these actions had a chilling effect on media
outlets, criticism of government policies continued. Incidents of local
government pressure on the media continued. Journalists in western
Kazakhstan reported frequent telephone calls and threats by security
services and local government administrations to amend or rescind
articles related to the April 3 presidential elections or national
security matters.
Internet Freedom.--Observers reported that the government monitored
e-mail and Internet activity, blocked or slowed access to opposition
Web sites, and planted progovernment propaganda in Internet chat rooms.
The state regulated the country's three Internet service providers,
including the state-owned Kaztelecom. Nevertheless, Web sites expressed
a wide variety of views, including viewpoints critical of the
government.
The Ministry of Communications and Information controlled the
registration of ``.kz'' Internet domains. Authorities may suspend or
revoke registration for failure to locate servers in the country.
Observers criticized the registration process as unduly restrictive and
vulnerable to abuse.
Adil Soz reported cases of the government's blocking or restricting
access to Web sites and the government's intermittent blocking of the
Web site LiveJournal throughout the year, although the site remained
accessible through other servers. Bloggers reported anecdotally that
their sites periodically were blocked.
On August 19, a court ruling blocked the use of over 20 foreign Web
sites, including the liveinternet.ru and livejournal.com Web sites,
that ``promoted terrorism and religious extremism,'' and could ``incite
people to commit terrorist acts and make bombs,'' according to a court
official. Internet freedom advocates asserted that the blockages
occurred without providing the domain owners an opportunity to
investigate and remove content promoting violence. In a September 15
statement, the Ministry of Communications and Information claimed to
have notified the blocked sites before and after the court ruling and
promised to restore access once site administrators removed
inappropriate content.
Throughout the year the Committee to Protect Journalists reported
that the Web site of opposition newspaper Respublika remained
inaccessible by users of Kaztelecom, the government-owned Internet
service provider. Users were able to access the newspaper online by use
of alternative Web addresses.
Academic Freedom and Cultural Events.--The government generally did
not restrict academic freedom, although academics, like other citizens,
were prohibited from infringing on the dignity and honor of the
president and his family.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for limited freedom of assembly. There were
significant restrictions on this right in practice, and police used
force to disrupt peaceful demonstrations. For example, on May 1, Almaty
police disrupted an unsanctioned Socialist Movement rally and struck
activist Aynur Kurmanov in the head, forcing him to spend a week in the
hospital. Authorities briefly detained and fined a number of activists.
According to Kurmanov, authorities rejected all of the organization's
more than 100 requests to protest during the year.
The law defines national security threats to include unsanctioned
gatherings, public meetings, marches, demonstrations, illegal
picketing, and strikes that upset social and political stability.
Under the laws governing public assembly, organizations must apply
to local authorities for a permit to hold a demonstration or public
meeting at least 10 days in advance. Opposition figures and human
rights monitors complained that complicated and vague procedures and
the 10-day notification period made it difficult for groups to organize
public meetings and demonstrations, and noted that local authorities
turned down many applications for demonstrations. Authorities often
detained briefly and fined organizers of unsanctioned gatherings,
including political party gatherings. For example, unregistered Alga
party representatives reported that authorities interfered with
protests to boycott the April 3 presidential election. The Kazakhstan
International Bureau for Human Rights and Rule of Law recorded 102
peaceful demonstrations during the year, 93 percent of which were
unsanctioned. Authorities disrupted eight demonstrations. The
government designated locations for sanctioned protests in less
populous city outskirts.
Kazakhstan's National Human Rights Action Plan 2009-12 noted that
the country's legal norms on public gatherings at times contradicted
international standards, but the government has not introduced changes
foreseen in the plan. The Presidential Human Rights Commission
Secretary explained on March 28 that the government stopped drafting a
new law on peaceful assembly because of violent protests abroad.
Freedom of Association.--The law provides for limited freedom of
association. There were significant restrictions on this right in
practice. Any public organization set up by citizens, including
religious groups, must be registered with the Ministry of Justice, as
well as with ministry branches in every region in which the
organization conducts activities. The law requires public or religious
associations to define their specific activities, and an association
that acts outside the scope of its charter may be warned, fined,
suspended, or ultimately prohibited. Participation in unregistered
public organizations may result in administrative or criminal
liability, such as fines, dissolution, probation, or imprisonment.
The prohibition on unregistered organizations often provided a
pretext for authorities to interfere with the activities of
organizations. Membership organizations other than religious groups,
which are covered under separate legislation, must have 10 members in
order to register at the local level and must have branches in more
than half of the country's regions for national registration. The
government considered political parties and labor unions to be
membership organizations but had additional specific registration
requirements for them. The law requires 40,000 signatures for
registration. If authorities challenge the applications by alleging
irregular signatures, the registration process can continue so long as
the total number of eligible signatures remains above the minimum. The
law prohibits parties established on an ethnic, gender, or religious
basis. The law prohibits members of the armed forces, employees of
national security and law enforcement organizations, and judges from
participating in trade unions or political parties.
On February 28, an appeals court upheld the rejection of a lawsuit
filed by the Azat/National Social Democratic Party (Azat/NSDP) against
the Ministry of Justice. Although both parties retain their separate
registration, the ministry had refused to reregister Azat/NSDP as a
joint party in June 2010 due to discrepancies between the Russian and
Kazakh language versions of the party charter.
NGOs reported that the NGO registration process was
straightforward, although corruption in the process was common. NGOs
involved in human rights advocacy and political activities faced
greater administrative delays and obstacles, although there were no
reports that the government denied registration or closed
organizations.
c. Freedom of Religion.--See the Department of state's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and despite some regulatory restrictions, the government
generally respected these rights in practice. The government cooperated
with the UNHCR and other humanitarian organizations to provide
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
In-country Movement.--The government required citizens and
foreigners who remained in the country for more than five days to
register with migration police. Foreigners who entered the country had
to register at certain border posts. Registration in most of the
country generally was routine; nonetheless, some foreign citizens
reported that local authorities occasionally requested bribes before
completing registration. Migration police routinely checked the
registration of foreigners, including labor migrants, and reportedly
requested bribes. Some foreigners experienced problems travelling to
regions outside their registration area. June 22 amendments to the law
on migration eased registration requirements for ethnic Kazakh
returnees (oralmans). An August 24 agreement on the legal status of
migrant workers granted an exemption for families of migrant workers
from registration for a 30-day period after the worker started
employment. The new migration law granted the government the authority
to deport those who violate the regulations, while the previous law
restricted deportation to certain cases.
During the first nine months of the year, the Ministry of Internal
Affairs deported 12,644 foreigners for alleged gross violations of the
visitor rules; the majority of the foreigners were citizens of
countries in the Commonwealth of Independent States (CIS). Individuals
facing deportation can request asylum if they fear persecution in their
home country. The government required persons who were suspects in
criminal investigations to sign statements that they would not leave
their place of residence and detained individuals routinely for
identity checks without suspicion of a criminal offense.
Foreign Travel.--Although the government did not require exit visas
for the temporary travel of citizens, there were certain instances in
which the government could deny exit from the country, including for
travelers subject to pending criminal or civil legal proceedings,
unfulfilled prison sentences, or compulsory military duty. Travelers
who presented false documentation during the exit process could be
denied exit, and authorities controlled travel by active-duty military
personnel. The law on national security requires that persons who had
access to state secrets obtain permission from their employing
government agency for temporary exit from the country.
Emigration and Repatriation.--The law provides for the right to
emigrate and the right to repatriate, and the government generally
respected these rights in practice. An exception is the law on national
security, which prohibits persons who had access to state secrets from
taking up permanent residence abroad for five years after leaving
government service. The government required a permanent exit visa for
emigration; obtaining this visa required criminal checks, credit
checks, and letters from parents and any dependents expressing no
objection to exit visa issuance.
Authorities required foreigners to obtain prior permission to
travel to certain border areas with China and cities in close proximity
to military installations. The government continued to declare
particular areas closed to foreigners due to their proximity to
military bases and the space launch center at Baikonur. In practice,
foreigners could visit these areas with prior permission from the
Ministry of Internal Affairs.
Protection of Refugees.--The government cooperated with the UNHCR
and other organizations to provide some protection and assistance to
refugees from 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.
Access to Asylum.--The country's laws provide for the granting of
asylum or refugee status and the government has established a system
for providing protection to refugees. The law does not prohibit forced
exile if authorized by an appropriate government agency or through a
court ruling. The UNHCR legally can appeal to the government and
interfere on behalf of an individual if facing deportation. The law on
refugees, which a number of regulations and by-laws implement,
regulates the granting of asylum and refugee status.
Access to Basic Services.--The law on refugees outlines refugee
status determination (RSD) procedures and access to state services,
including the right to be registered and issued documents. The
Committee on Migration under the Ministry of Labor and Social
Protection conducts RSD procedures. Observers stated that committee
representatives suffered from lack of expertise, which the UNHCR
attributed to rushed implementation of the law. While the law
stipulates that refugees have the right to education and social
services, administrative regulations and prohibitive costs for services
often precluded this right in practice. Authorities have formed an
interministerial working group with the UNHCR to address these
problems.
The government generally registered asylum seekers and determined
their status in consultation with the UNHCR. In some cases, the
government allowed asylum seekers and refugees to stay in the country
while the UNHCR found third countries that would accept them. Although
the government performed refugee status determinations and registered
refugees present in the country, it did not accept any refugees for
resettlement from third countries nor did it facilitate local
integration (including naturalization.) of refugees on its territory.
Temporary Protection.--The government also provided temporary
protection to individuals, including some Afghans, who might not
qualify as refugees and provided it to approximately five persons
during the year.
During the year the UNHCR reported generally cordial relations with
the government in assisting refugees and asylum seekers. The government
usually allowed the UNHCR access to detained foreigners to ensure
proper treatment and fair determination of status. The government was
generally tolerant in its treatment of local refugee populations,
except for a few citizens from former Soviet republics. The government
often did not allow refugees without passports or those who had entered
the country illegally to register.
The Committee on Migration in the Ministry of Labor and Social
Protection reviewed refugee claims with the UNHCR and a local NGO,
Kazakhstan International Bureau for Human Rights participating as
observers. Consistent with the Minsk Convention on Migration within the
CIS, the government did not recognize Chechens as refugees. Chechens
were eligible for temporary legal resident status for up to 180 days,
as are any other CIS citizens. This temporary registration was
renewable, but local migration officials have discretion over the
renewal process. In some cases they solicited bribes, exploiting the
vulnerability of Chechens due to their inability to return safely to
Chechnya. The government has an agreement with China not to tolerate
the presence of ethnic separatists from one country on the territory of
the other. Human rights monitors remained concerned about the effect of
this agreement on Uighurs from China living in the country, especially
following the April 2010 transfer of RSD for Uighurs from the UNHCR to
the government. The government did not forcibly return any UNHCR
mandate refugees.
Stateless Persons.--According to government statistics, 7,966
documented stateless persons resided in the country. The UNHCR
estimated that the number of stateless persons was between 60,000 and
100,000. This group largely consisted of holders of Soviet passports
who failed to renew their documents after independence, ethnic Kazakh
repatriates, and labor migrants. Although provided with the same rights
as individuals with resident permits, stateless persons reported
difficulty finding legal employment and had limited access to education
and health care. The UNHCR continued to work with government and
parliament officials to obtain reliable data on stateless persons and
improve the country's citizenship legislation.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide for a democratic government with
universal suffrage for those older than 18 years of age; in practice,
the government severely limited the right of citizens to change their
government.
Although the 2007 constitutional amendments increased legislative
authority in some spheres, the constitution continues to concentrate
power in the presidency. The president appoints and dismisses most
high-level government officials, including the prime minister, the
cabinet, the prosecutor general, the KNB chief, supreme court and
lower-level judges, regional governors, and the chairman and two
members of the Central Election Commission (CEC), which oversees
presidential and parliamentary elections. The Mazhilis must confirm the
president's choice of prime minister, and the senate must confirm the
president's choice of prosecutor general, chief of the KNB, supreme
court judges, and the head of the national bank. The parliament has
never failed to confirm a presidential nomination. Modifying or
amending the constitution effectively requires the president's consent.
The 2007 constitutional amendments exempt President Nazarbayev from the
two-term presidential term limit, and an amendment passed during the
year gives him protection from prosecution.
Two June 2010 leader-of-the-nation laws establish President
Nazarbayev as chair of the Kazakhstan People's Assembly, grant him
lifetime membership on the Constitutional and Security Councils, allow
him ``to address the people of Kazakhstan at any time,'' and stipulate
that all ``initiatives on the country's development'' must be
coordinated through him.
Elections and Political Participation.--Recent Elections.--In
December 2010, in accordance with the law, a group of government
supporters initiated a petition process to replace two scheduled
presidential elections with a 2011 referendum to extend President
Nazarbayev's term until 2020. The referendum movement collected over 5
million signatures--well above the required 200,000--although there
were credible reports that many were obtained by coercion. The
referendum bid ultimately failed and was replaced by an early
presidential election.
In the April 3 election, President Nazarbayev won 95 percent of the
vote with a turnout of almost 90 percent. Following the 2011
cancellation of a referendum to extend Nazarbayev's term until 2020,
parliament hastily amended the constitution and election legislation to
allow for the early presidential election, which had been scheduled
previously for December 2012. Despite efforts by the authorities to
improve the election-related legislation, the legal framework remained
inconsistent with the government's commitments to the Organization for
Security and Cooperation in Europe (OSCE), as well as other
international standards, including excessive restrictions on
candidates' eligibility--particularly the Kazakh-language fluency
requirement--as well as freedoms of assembly and expression. The lack
of vibrant political discourse or opposition candidates resulted in a
non-competitive environment and reflected systemic restrictions on
political freedom.
The OSCE election assessment cited efforts to improve the quality
of the voter lists and a high degree of professionalism demonstrated by
members of the CEC. International observers rated the voting process
positively in 90 percent of polling stations but negatively in 10
percent. OSCE observers cited irregularities in the counting procedure
in 20 percent of precincts. According to the election law, the CEC is
not required to publish detailed election results, which further
diminished transparency. The OSCE and some international observation
missions noted systemic problems and serious irregularities, including
numerous instances of seemingly identical signatures on voter lists;
cases of ballot box stuffing; and proxy, multiple, and family voting,
primarily caused by continued deficiencies in poll worker and voter
education. Domestic observers reported significantly inflated turnout
numbers, exceeding observed turnout by as much as 21 percent.
In indirect elections on August 19, local representative bodies
(Maslikhats) elected 16 Nur Otan party members to the senate. The CEC
reported no complaints or irregularities. Maslikhats elect 32 of 47
senate deputies, and the president appoints 15 members, with the
requirement that the appointments facilitate representation of
different ethnic and cultural groups.
The 2007 elections for the Mazhilis were flawed, and President
Nazarbayev's Nur Otan party, which dominates local and national
government bodies, received 88 percent of the vote, winning every seat
in the chamber. No other party received the 7 percent of the vote then
required to obtain Mazhilis seats. The 2009 amendments to the law on
elections require that the party with the second-highest vote count
automatically receive seats in the Mazhilis, even if it fails to reach
the 7 percent threshold.
Political Parties.--Political parties must register members'
personal information, including date and place of birth, address, and
place of employment. This requirement discouraged many citizens from
joining political parties. There were credible allegations that
authorities pressured persons entering government service to join the
Nur Otan party.
At year's end, there were nine registered political parties,
including the opposition parties Ak Zhol, Rukhaniyat, Auyl, and the
National Social Democratic Party. On October 4, a Kazakhstani court
issued a six-month ban on the Communist Party of Kazakhstan because it
formed an illegal alliance with the unregistered Alga opposition party.
In order to register, a political party must hold a founding
congress with minimum attendance of 1,000 delegates from two-thirds of
the oblasts and the cities of Astana and Almaty. Parties must obtain at
least 700 signatures from each oblast and the cities of Astana and
Almaty, registration from the CEC, and registration from each oblast-
level election commission.
The law prohibits parties established on an ethnic, gender, or
religious basis.
Participation of Women and Minorities.--Traditional attitudes
sometimes hindered women from holding high office or playing active
roles in political life, although there were no legal restrictions on
the participation of women and minorities in politics.
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 was widespread in the executive branch, various law
enforcement agencies, local government administrations, the education
system, and the judiciary. The Ministry of Internal Affairs, the
Financial Police, the KNB, and the Disciplinary State Service
Commission are responsible for combating corruption. Opposition leaders
and human rights NGOs accused the government of rampant corruption.
On August 5, a court sentenced former health minister Zhaksylyk
Doskaliyev to seven years in a maximum security prison for bribery and
ordered the confiscation of his property. He planned to appeal the
verdict.
Lower- and middle-ranking officials and minor political figures
were penalized on corruption charges. The government reported that
during the first 11 months of the year, 1,799 corruption crimes were
disclosed, and 24 government officials were convicted. The government
issued disciplinary penalties for 758 employees for corruption. In
response to 2,011 cases of corruption, the Ministry for Internal
Affairs dismissed 78 police officers for corruption and convicted 18.
On July 19, Supreme Court Chairman Musabek Alimbekov told the media
that 24 judges had been fired for incompetence since the beginning of
the year. Two judges were convicted for corruption. Authorities
dismissed 61 law enforcement officers for corruption during the year.
On March 24, the government launched a program aimed at combating
corruption by improving citizens' awareness of recourses against
corruption and increasing confidence in state institutions by 2015.
The law mandates that the government, public associations,
officials, and media outlets provide citizens with information that
affects their rights and interests; in practice citizens' requests for
information were not fulfilled in a timely manner. NGOs reported
problems with access to information from state agencies and cited red
tape, poor content on official Web sites, and long lines in state
agencies. Government and public employees, including parliamentarians
and their spouses, are subject to financial disclosure requirements.
Although parliament published several draft laws, some
parliamentary debates, and occasionally its voting record, many
parliamentary activities remained outside public view. Accredited
journalists and representatives of public associations could observe
some parliamentary sessions via video link from a separate room.
Transcripts of parliamentary sessions were not available to the public.
During the year parliament closed public and media access to discussion
of controversial legislation.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated effectively, with relative freedom to investigate
and publish their findings on human rights cases. However, some
government restrictions on domestic and international human rights NGO
activities remained. International human rights groups reported that
the government continued to monitor the activities of NGOs that worked
on sensitive issues and noted government harassment, including police
visits and surveillance, of NGO offices and personnel.
The Almaty Helsinki Commission, the Republican Network of
Independent Monitors, the Charter for Human Rights, Penal Reform
International (PRI), and Adil Soz were among the most active local
human rights NGOs and occasionally faced difficulties in registering
and acquiring office space and technical facilities. They also reported
that the government audited their records and imposed various legal
constraints. Multiple NGO activists reported heightened government
monitoring prior to the April 3 presidential election and in advance of
the parliamentary elections scheduled for January 15, 2012. In some
instances government representatives misrepresented themselves to
attend and monitor NGO events, although NGOs reported no pressure or
interference. The government continued to participate in--and host NGOs
in--roundtables and events on democracy and human rights.
NGOs affiliated with, or suspected of being affiliated with the
opposition, reported harassment. For example, on September13, a
stranger threw a bucket of printer ink at two NGO activists affiliated
with the opposition People's Front, and two other unknown attackers
pushed one activist to the ground before fleeing. Police opened an
investigation on September 15.
U.N. and Other International Bodies.--In general, the government
did not prevent international NGOs and multilateral institutions
dealing with human rights from visiting the country and meeting with
local human rights groups and government officials. The government
cooperated with the OSCE and its field mission. The U.N. the
International Organization for Migration (IOM), and the Red Crescent
Society also operated freely in the country.
National security laws prohibit foreigners, international
organizations, NGOs, and other nonprofit organizations from engaging in
political activities. The law stipulates that a noncommercial
organization must provide information to tax authorities on its
founders, activities, and foreign sources of funding, as well as
income, property, expenses, and employee records. International
organizations are prohibited from funding unregistered entities.
Government Human Rights Bodies.--The Presidential Commission on
Human Rights is a consultative and advisory body that includes members
from the public appointed by the president. The commission reviews and
investigates complaints, issues recommendations, monitors fulfillment
of international human rights conventions, and publishes annual human
rights reports in close cooperation with several international
organizations, such as the UNHCR, OSCE, IOM, and UNICEF. During the
year the commission received 1,624 written and oral complaints, 35
percent of which addressed religious issues and 23 percent the
ineffectiveness of the judicial system. The commission does not have
legal authority to remedy human rights violations or implement its
recommendations.
The presidentially appointed human rights ombudsman investigated
complaints by citizens of violations of their rights by state agencies,
although the ombudsman was not authorized to investigate complaints
concerning the president, heads of government agencies, the parliament,
the cabinet, the Constitutional Council, the PGO, the CEC, or the
courts. The ombudsman's office has the authority to appeal to the
president, cabinet, or parliament to resolve citizens' complaints;
cooperate with international human rights organizations and NGOs; meet
with government officials concerning human rights violations; visit
certain facilities, such as military units and prisons; and publicize
the results of investigations in the media. The ombudsman's office also
published an annual human rights report. During the year the
ombudsman's office occasionally briefed the media and issued reports
discussing complaints it had investigated. The country has still not
passed a separate law on the human rights ombudsman despite scheduling
its consideration for the end of 2011 under the National Human Rights
Action Plan. National and international NGOs and some parliamentarians
regularly criticized the ombudsman's weakness.
Domestic human rights observers noted that although government
human rights investigators did laudable work, particularly with less
controversial social problems and issues involving lower-level elements
of the bureaucracy, the ombudsman's office and the human rights
commission were limited in their ability to stop human rights abuses or
to punish perpetrators. The ombudsman's office participated in an OSCE-
sponsored program to strengthen the institution and facilitate the
exchange of international best practices. Observers noted that the
commission and the ombudsman avoided addressing underlying structural
problems that led to 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; however, the government did not effectively
enforce the law. Violence against women, trafficking in persons, and
discrimination against non-Kazakhs in government, persons with
disabilities, and those involved with homosexual activity were
problems.
Women.--Rape and Domestic Violence.--The law criminalizes rape. The
punishment for rape, including spousal rape, ranges from three to 15
years' imprisonment. Out of 1,023 officially reported rape cases during
the first nine months of the year, authorities charged 481 persons with
criminal rape and convicted 335. Under the law a prosecutor cannot
initiate a rape case absent aggravating circumstances, such as gang
rape, unless the victim files a complaint. Once a complaint is filed
the criminal investigation cannot be dismissed if the rape victim
recants or refuses to cooperate further with the investigation. This
provision was intended to protect victims from coercion. There were
anecdotal reports of police and judicial reluctance to act on rape and
spousal rape cases.
Violence against women, including domestic violence, was a problem.
Legislation on domestic violence defines ``domestic violence'' and
``victim;'' identifies various types of violence, such as physical,
psychological, sexual, and economic; and outlines the responsibilities
of the local and national governments and NGOs in providing support to
domestic violence victims. The law also outlines mechanisms for
issuance of restraining orders and provides for the 24-hour
administrative detention of abusers. The criminal procedure code sets
the maximum sentence for spousal assault and battery at 10 years in
prison, which is the same as for any beating.
NGOs maintain that the domestic violence law does not have an
effective mechanism for implementation. According to NGOs domestic
violence remained a serious problem. The Feminist League reported that
the number of domestic violence crimes resulting in death or serious
health repercussions remained similar to that of 2010, while the number
of lighter battery incidents decreased, especially in rural areas.
Although official statistics were scarce, activists estimated that one
in four families experienced domestic violence. During the year the
government registered 78,503 crimes against women, and Union of Crisis
Centers, an NGO, recorded 23,073 complaints of domestic violence.
Authorities reported 684 criminal cases of domestic violence.
Police intervened in family disputes only when they believed the
abuse was life threatening. According to NGO estimates, police
investigated approximately 10 percent of such cases. NGOs conducted
training for police officers on how to handle victims of domestic
violence.
NGOs reported that women often withdrew their complaints because of
economic insecurity. When victims pressed charges for domestic violence
or spousal rape, police occasionally tried to persuade them not to
pursue a case. When domestic violence cases came to trial, the charge
was most often light battery, for which judges sentenced domestic
abusers to incarceration at a minimum-security labor colony and 120 to
180 hours of work. Sentences for more serious cases of battery,
including spousal battery, range from three months to three years of
imprisonment; the maximum sentence for aggravated battery is 10 years'
imprisonment.
Although the government stated that 25 crisis centers assist women
and two centers assist men, NGOs reported that the number of active
centers was much smaller, likely ranging from 3 to 14. All the crisis
centers received funding through government and international grants to
NGOs. A number of smaller NGOs provided assistance to victims, and six
of the crisis centers also provided shelter for victims of violence.
Sexual Harassment.--Sexual harassment remained a problem. The law
prohibits some forms of sexual harassment, but legal and gender experts
regarded the legislation as inadequate. There were reports of incidents
of harassment, but in no instance was the law used to protect the
victim, nor were there reports of any cases prosecuted.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children, and have the
means to do so free from discrimination, coercion, or violence. Modern
contraceptive methods were widely available. Women and men received
equal treatment for sexually transmitted infections. Skilled personnel
attended 100 percent of births, and 100 percent of women received at
least one postnatal care visit, according to the Population Reference
Bureau. According to the Ministry of Health, the maternal mortality
ratio was 16.4 deaths per 100,000 live births in 2011.
Discrimination.--The constitution and law provide for equal rights
and freedoms for men and women. In 2009 the president signed a new
gender equality law that defines the terms ``gender,'' ``gender
equality,'' ``sexual discrimination,'' and ``equal opportunity'' and
prohibits discrimination based on gender. Yet NGOs stated that no
government body assumed responsibility for implementing the legislation
and that the definition of gender discrimination does not comply with
international standards. More women than men are self-employed or
under-employed relative to their education level. According to
observers, women in rural areas faced greater discrimination than women
in urban areas and suffered from a greater incidence of domestic
violence, limited education and employment opportunities, limited
access to information, and discrimination in their land and property
rights. According to the World Bank Women Business and the Law report,
women in Kazakhstan still face gender inequality obtaining work in the
same industries as men and there are no laws protecting women from
sexual harassment in the workplace. There are no small claims courts or
fast track procedures for small claims, which puts women-owned
businesses at a greater disadvantage.
Children.--Birth Registration.--Citizenship is derived both by
birth within the country's territory and from one's parents. The
government has a duty to register all births immediately.
Education.--Education is mandatory through 16 years of age or
secondary school; elementary schooling generally begins at age six.
Primary and secondary education is free and universal. The law provides
for access to public education for refugee and illegal migrant
children. In some cases these children were denied access to schools,
or their parents did not enroll them due to fear of discovery and
deportation.
Child Abuse.--There were increasing reports of child abuse compared
with the previous year, although there was no societal pattern. NGOs
estimated that more than half of all children younger than 14
experienced at least one incident of physical or psychological abuse by
adults. Abuse was more common in rural areas. According to publicly
available statistics, courts permanently terminated the custody rights
of approximately 300 abusive parents, relocated 400 abused children to
orphanages, fined 800 parents for abuse, and convicted nine parents
under criminal abuse charges. Minors who are 16 or older have the right
to file petitions related to their interests directly with a court.
Sexual Exploitation of Children.--The minimum age for consensual
sex is not specified in any article of the criminal code, but an
article provides for 5 to 10 years in prison as punishment for
individuals who force underage (less than 18) boys or girls to have
sexual intercourse.
In 2010 the country introduced a criminal statute on the production
and distribution of child pornography, and expanded administrative
penalties to cover the sale of pornographic materials to minors. The
country retains administrative penalties for child pornography.
Displaced Children.--According to the Ministry of Education, more
than 10,000 children were identified as ``street children'' during the
year. According to media reports, police placed homeless children in
institutions run by the Ministry of Education for delinquent and street
children. There they received medical and psychological assistance
before they were released or sent to orphanages. During the year
authorities placed 939 street children in temporary detention and sent
719 back to their families, 55 to boarding schools, and 25 to permanent
boarding schools for delinquent children.
Institutionalized Children.--NGOs reported a high number of
incidents of violence against children in orphanages, boarding schools,
and detention facilities for delinquent children, and there were
increased media reports on abuses in orphanages and other institutions.
NGOs stated that half of children in orphanages or closed institutions
suffered from abuse by teachers or other children. According to media
reports, incidents of illegal placement of children in special
correction facilities (prisons for underage criminals) and in
facilities for the mentally ill occurred.
On August 9, a North Kazakhstan district court began to hear a case
against Asanov Orphanage Director Bibigul Mukeyeva for failing to
prevent incidents of sexual abuse committed by teenage orphans against
six- and seven-year-old fellow orphans. Authorities also issued
reprimands to several department of education officials for failing to
act. Eight underage abusers were exempted from criminal liability and
victims' parents pardoned two others.
International Child Abduction.--The country is a not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--Approximately 30,000 to 40,000 Jews lived in the
country. There were no reports of anti-Semitic acts apart from the
distribution of anti-Semitic literature by Hizb ut-Tahrir. Leaders of
the Jewish community reported no incidents of anti-Semitism by the
government or in society.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--According to the Ministry of Labor and
Social Protection, there were 506,000 persons with disabilities (3
percent of the total population) in the country, although analysts
argued that the real number was higher. The law prohibits
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, and access to health
care, and in the provision of other state services or other areas, but
significant discrimination exists in the areas of employment,
education, and access to government services.
The law protects access to information for persons with
disabilities. The government produced periodicals, scientific journals,
reference literature, and fictional works that were recorded either on
disk or in Braille. The law requires one national television channel to
broadcast news programs with sign-language translation. NGOs believed
that implementation of the laws on disability was lacking, and the Nur
Otan party's Institute of Parliamentary Development has concluded that
access for disabled persons to information and communications was
insufficient.
The law requires companies to set aside 3 percent of their jobs for
persons with disabilities. International and local observers noted some
improvement regarding the rights of persons with disabilities.
Nevertheless, there were reports that persons with disabilities faced
difficulty integrating into society and finding employment. According
to NGOs, 3 percent of persons with disabilities were employed, and 90
percent of employers who declined to hire persons with disabilities did
so because of an applicant's disability. The law mandates access to
buildings for persons with disabilities. Vice Minister of Labor and
Social Protection Assel Nusupova identified the two biggest problems
facing persons with disabilities as poor infrastructure and lack of
access to education. Persons with disabilities had difficulty accessing
public transportation. The government did not make a concerted effort
to address these problems.
Citizens with mental disabilities could be committed to state-run
institutions without their consent or judicial review. In practice the
government committed persons at a young age with the permission of
their families. Institutions were poorly managed and inadequately
funded.
There are no regulations regarding the rights of patients in mental
hospitals; human rights observers believed this led to mass abuse of
patients' rights. NGOs reported that patients often were drugged and
isolated for minor infractions, and experienced poor conditions and a
complete lack of privacy. In response to NGO reports, prosecutors
disclosed 7,000 violations of mental patients' rights ranging from
illegal institutionalization, to restricting access to information and
unlawful extension of patients' stays. Prosecutors punished 45
officials as a result of the investigation. NGOs reported that
orphanages for children with physical and mental disabilities were
overcrowded and unsanitary, with insufficient staff to care adequately
for children's needs.
The government did not restrict the right of persons with
disabilities to vote and arranged home voting for individuals who could
not travel to polling places as a result of their disability.
The Ministry of Labor and Social Protection was the primary
government agency responsible for protecting the rights of persons with
disabilities; the Ministries of Health and Education also assisted in
their protection. Statistics on disability issues are unavailable.
National/Racial/Ethnic Minorities.The government continued to
discriminate in favor of ethnic Kazakhs in senior government
employment. Minorities experienced ethnic prejudice and hostility;
encountered incidents of insult, humiliation, or other offenses; and
were discriminated against in employment or job retention.
Ethnic Kazakh migrants (oralmans) who returned to the country from
abroad experienced domestic discrimination including problems with
housing, employment, and access to social services.
Kazakh is the official state language, although organizations and
bodies of local self-administration officially may use Russian on an
equal basis with Kazakh. The language law was intended to strengthen
the use of Kazakh without infringing on the rights of citizens to use
other languages. By law the ability to speak Kazakh is not required for
entry into the civil service, but most government agencies officially
have switched to conducting business in Kazakh. Non-Kazakh speakers
have protested that this is language discrimination. The Election Law
requires presidential candidates to be fluent in Kazakh.
Among other forms of discrimination, critics have noted a scarcity
of representatives of non-Kazakh ethnicities in the government and a
reduction in the number of Russian-language schools.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although there were no
official statistics on discrimination or violence based on sexual
orientation or gender identity, there were reports of such
discrimination. Representatives of international organizations reported
that negative social attitudes towards marginalized groups, including
lesbian, gay, bisexual, and transgender (LGBT) persons, impeded these
groups' willingness to come forward and consequently hindered their
access to HIV/AIDS programs.
LGBT individuals, particularly gay men, were among the most
oppressed groups, although the country does not outlaw consensual same-
sex sexual activity. According to a 2009 Soros Foundation study, 64.1
percent of LGBT respondents said they did not face open discrimination
in the workplace, although LGBT individuals often concealed their
sexual orientation to avoid such discrimination. LGBT individuals whose
sexual orientation became known publicly risked physical and verbal
abuse, possible loss of work, and unwanted attention from police and
authorities. A local NGO working on LGBT issues noted that new
regulations have made gender reassignment more cumbersome but cited a
slight improvement in public awareness of LGBT rights. Several LGBT
organizations operating in the country reported that government-run HIV
clinics occasionally breached confidentiality and reported patients'
sexual orientation to their families and employers. Attempts to report
violence against LGBT persons to law enforcement officers occasionally
were met with resistance and hostility.
Other Societal Violence or Discrimination.--The law prohibits
discrimination against persons with HIV and AIDS. Observers reported
that cultural stigmas against drug users and other at-risk groups
continued to affect general access to information, services, treatment,
and care.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to organize and form unions. On
September 1, officials reported that 53,217 collective agreements were
signed as a result of a prounion collective bargaining campaign
initiated following a widely publicized 2008 mining accident in
Satpayev. The campaign, designed to empower workers, has increased the
number of agreements by 15 percent since 2008. As of September 1, 28.8
percent of all enterprises and 90 percent of all unionized enterprises
had collective bargaining agreements. Independent union organizers
described this campaign as a significant change in policy.
The law protects the rights of unions to conduct their activities
without interference, and unions were free to recruit new members,
conduct meetings, and bargain collectively with employers. The law
permits collective bargaining and collective agreements; unions and
associations engaged in collective bargaining in practice. The
government continued its efforts to encourage collective bargaining.
Labor unions reported 53,217 collective bargaining agreements.
Activists stressed that political pressure was driving the rapid
conclusion of agreements. The labor law provides that an individual
contract between an employer and each employee sets the employee's wage
and outlines the rights and responsibilities of the employee and the
employer.
The law provides for the right to strike but exercising this right
is subject to numerous legal limitations. The government limited
conditions under which those working for one of a list of industries
and enterprises providing essential services, such as railway, civil
aviation, military, law enforcement, fire services, health, and other
services that provide for major life needs where strikes were permitted
only under limited conditions, could strike. In general, workers may
strike only if a labor dispute has not been resolved through existing
compulsory arbitration procedures. Striking workers must give 15-day
advance notice to employers. The law neither sanctions nor prohibits
the firing of employees for participation in an illegal strike.
Foreign workers have the right to join unions; however, the law
prohibits the operation of foreign unions and prohibits the financing
of unions by foreign legal entities and citizens, foreign states, and
international organizations. Workers are protected by law against
antiunion discrimination,
Organizers reported that the government continued to restrict the
right to organize, and most workers were not able to join or form trade
unions of their choice. The government exercised considerable influence
on organized labor and favored state-affiliated unions over independent
unions. To obtain legal status, a trade union must apply for
registration with the Ministry of Justice. The registration procedure
is broadly similar to that of other membership organizations.
The largest trade union association, the Federation of Trade
Unions, the successor to formerly state-sponsored Soviet-era labor
organizations, remained affiliated with the government. The federation
united 26 industrial national unions and 13 regional unions. The
industrial unions represented workers in a wide range of industries,
including oil and gas, construction, textiles, education, and public
health. Each union elects its own leader and has a representative on
the General Council, which elects the 14-member Executive Committee.
The committee runs the federation's day-to-day operations and deals
with issues of social and economic protection, labor protection,
organization, and international cooperation.
Union demands that are unacceptable to management may be presented
to a tripartite commission composed of government, employer
association, and labor union representatives. The government was
supposed to be the neutral broker on the commissions, but there were
cases in which it favored the interests of labor unions or employers.
The tripartite commission is responsible for developing and signing
annual agreements governing most aspects of labor relations. Through
this mechanism, labor unions raised the minimal wage for several
industries, including mining and metallurgy, and forced employers to
pay back salaries in a number of industrial areas during the year.
Employers occasionally used individual contracts to weaken collective
bargaining power.
In practice there were reports of employers providing arbitrary
justifications for firing employees who had attempted to organize
strikes and there were multiple violations of the law protecting
workers from antiunion discrimination. The violations ranged from
threats of being fired, which would lead to the loss of social
benefits, to physical intimidation and assault. Activists and trade
union leaders in a variety of sectors have fallen victim to these
firings, harassment campaigns, and physical attacks.
In May workers initiated three separate labor strikes at oil and
gas companies in the Mangistau region. The workers, the majority of
whom were drivers, at Karazhanbasmunay (KBM), OzenMunayGaz (OMG), and
Yersay Caspian Contractors (Yersay) demanded an increase in salaries, a
revised collective bargaining agreement, and fewer restrictions on the
activities of independent labor unions. Following the resolution of the
Yersay strike, the KBM and OMG strikes continued, with a dwindling
number of participants estimated at 1,000. The OMG and KBM fired
approximately 400 people on the legal justification that an employee
can be fired if absent from work without permission for 20 days.
Following a December 16 to 17 incident in which authorities shot into
crowds of rioters related to the ongoing strike and other social
grievances, the government established temporary municipal employment
for all fired workers at their former wages. Authorities claimed to
have arranged permanent employment with over 20 private companies.
During the strikes police detained three strike leaders, including
Natalya Sokolova, a Russian citizen and former director of human
resources at KBM. On August 8, a court convicted Sokolova of inciting
social discord and sentenced her to six years in prison. The OSCE
characterized the punishment as harsh and cited credible reports of due
process violations, including reports that the presiding judge refused
to admit into evidence a video recording in support of Sokolova's
defense and denied her motions to summon witnesses.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, except at the sentence of the
court or in conditions of a state of emergency or martial law; however,
there were reports that such practices occurred. There were reports
that some employers abused migrant workers by confiscating their
passports or using debt bondage, violence, or threats of violence to
compel them to work. Reports vary on the exact number of migrants
annually to Kazakhstan. Estimates range from 300,000 to one million,
with the majority of migrant workers coming from Kyrgyzstan,
Tajikistan, and Uzbekistan. Migrant workers were primarily employed in
agriculture and construction. The Ministry of Labor and Social
Protection was responsible for handling issues related to migrant
labor.
Also see the Department of State's Trafficking in Persons Report at
www.state/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace. The minimum
age for employment is 16. With parental permission, children who are
between 14 and 16 years of age can perform light work that does not
interfere with their health or education. The law also restricts the
length of the workday for employees younger than 18. The government
conducted labor inspections to enforce the minimum age for employment,
but enforcement was uneven.
The government concluded an agreement with national employer
associations that committed them to eradicate the use of forced labor
and the worst forms of child labor and to develop alternative
employment opportunities for children and their families. The Ministry
of Education's 2007-11 Children of Kazakhstan program continued to
address child labor problems. Nevertheless NGOs contended that the
government's efforts were insufficient to address fully the use of
child labor.
The government did not maintain statistics on child labor. NGOs and
activists reported that child labor occurred in agriculture, especially
during harvest season. Children were involved in growing cotton and
tobacco. However, efforts by Philip Morris Kazakhstan, the sole
purchaser of Kazakhstani tobacco, to eradicate child labor in its
supply chain significantly reduced the numbers of migrant children in
the tobacco fields and led to increased awareness among farmers and
local officials. Concurrently the government improved enforcement of
existing legislation to prevent child participation in the cotton
harvest.
Past NGO studies have found that more than 70 percent of the
children employed in this work were from migrant families, primarily
Uzbek and Kyrgyz. Labor conditions frequently presented a physical
health risk, and some children suffered from inadequate rest and
nutrition. Many child workers lacked proper clothing to protect them
from harmful chemicals used in agriculture and harsh weather
conditions. In urban areas, the country's increasingly formalized labor
market led to a decrease in many forms of child labor, although there
were still reports of children begging, unloading freight, delivering
goods in markets, washing cars, and working at gas stations.
The Ministry of Labor and Social Protection is responsible for
enforcement of child labor laws and for administrative offenses
punishable by fines. The Ministry of Internal Affairs is responsible
for investigating criminal offenses. During the year, the government
reported no crimes related to illegal child labor. The government
cooperated with trade unions, employers, and NGOs to raise awareness
and promote interagency cooperation in eliminating child labor.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The national monthly minimum
wage was 15,999 tenge (approximately $109). It was common for working-
class families to have more than one wage earner. Most workers earned
above the minimum wage in urban areas. As of 2009, 8.2 percent of the
population lived below the poverty line. According to the government,
the poverty line is 40 percent of the subsistence level income and is
currently 6,259.6 tenge ($42.30).
The law stipulates that the normal workweek should not exceed 40
hours and limits heavy manual labor or hazardous work to no more than
36 hours a week. The law limits overtime to two hours a day or one hour
a day for heavy manual labor, and requires overtime to be paid at least
a 50-percent premium. Overtime is prohibited for work in hazardous
conditions. The law provides that labor agreements may stipulate the
length of working time, holidays, and paid annual leave for each
worker.
The Ministry of Labor and Social Protection enforced minimum wages,
work hours restrictions, and overtime. Ministry inspectors conducted
random inspections of employers. Labor advocates reported that some
employers regularly violated these laws.
The law provides for the right to safe and hygienic working
conditions, but working and safety conditions in the industrial,
agricultural, and construction sectors were often substandard. Workers
in factories usually lacked protective clothing and worked in
conditions of poor visibility and ventilation.
There were reports that management ignored regulations concerning
occupational health and safety. In the first 11 months of the year, the
Ministry of Labor and Social Protection reported 15,979 inspections and
21,698 violations of occupational health and safety standards and
rules. In addition to inspections by the ministry, unions conducted
inspections of unionized enterprises and reported their findings to
authorities for investigation. The law requires employers to suspend
work that could endanger the life or health of workers and to warn
workers about any harmful or dangerous work conditions or the
possibility of any occupational disease. The law specifically grants
workers the right to remove themselves from situations that endanger
their health or safety without losing their jobs. In practice some
workers, particularly in the construction industry, were not free to
exercise this right without jeopardizing their employment.
During the year the government reported 2,179 workplace injuries,
compared with 1,918 in 2010. The government reported 365 workplace
deaths during the year, compared with 319 deaths in 2010. According to
officials at the Federation of Trade Unions, many of the deaths were
due to antiquated equipment, Soviet-era infrastructure, and disregard
for safety regulations in the mining and metallurgy sectors. The
Federation of Trade Unions' 19,000 inspectors identified 124,000 labor
law violations in 2010, and referred 43 to the Ministry of Labor and 29
to court. According to the Federation, industries had 2,151 injuries
and 132 workplace deaths in 2010.
__________
KYRGYZ REPUBLIC
executive summary
The Kyrgyz Republic has a parliamentary form of government that
limits presidential power and enhances the role of parliament and the
prime minister. The October 2010 parliamentary elections, considered
relatively free and fair, led to a three-party coalition that took
power in December 2010. In the 2011 presidential election held on
October 30, Almazbek Atambayev, the then prime minister, received more
than 60 percent of the vote. Independent observers considered the
election generally transparent and competitive, despite some
irregularities. This was the country's first peaceful transfer of power
in its 20-year history. Following Atambayev's inauguration on December
1, parliament formed a new governing coalition that included four of
the five parties that held seats. While security forces officially
reported to civilian authorities, in some regions, particularly in the
south, there were instances in which elements of the security forces
acted independently of civilian control.
The most important human rights problems were a continuation of the
June 2010 ethnic tension that erupted in violent clashes in the South,
and an absence of due process and accountability in judicial and law
enforcement proceedings, as represented by the pervasive oppression of
ethnic Uzbeks and others by members of law enforcement. Members of law
enforcement continued to commit human rights violations, such as
arbitrary arrest, mistreatment, torture, and extortion, against all
demographic groups, but particularly against ethnic Uzbeks, who
constituted more than 70 percent of June 2010 casualties but comprised
80 percent of those charged with crimes related to that violence. The
central government's inability to hold human rights violators
accountable allowed security forces to act arbitrarily and emboldened
law enforcement to prey on vulnerable citizens. Furthermore, the
weakness of central authority empowered mobs to disrupt trials by
attacking defendants, attorneys, witnesses, and judges.
The following additional human rights problems existed: arbitrary
killings by law enforcement officials; poor prison conditions; lack of
judicial impartiality; harassment of nongovernmental organizations
(NGOs), activists, and journalists; pressure on independent media;
authorities' failure to protect refugees adequately; pervasive
corruption; discrimination against women, persons with disabilities,
ethnic and religious minorities, and other persons based on sexual
orientation or gender identity; child abuse; trafficking in persons;
and child labor.
Impunity was a major problem, as the government did not take steps
to restrain the security forces from exploiting the citizenry.
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 purposely committed arbitrary
or unlawful killings.
During the year, however, at least five individuals reportedly died
as a result of their detention by law enforcement agencies.
On August 9, Osmonjon Kholmurzayev, an ethnic Uzbek citizen of
Russia, died of internal bleeding and other injuries following his
detention by Bazar Korgon police (Jalalabad oblast). He was taken into
custody on August 7 on suspicion of being involved with the June 2010
violence. Kholmurzayev was released after his family reportedly paid
police KGS 30,000 ($650). Several human rights NGOs subsequently
reported, and his family testified in court, that the police had
demanded $6,000 (specified in U.S. dollars) for his release. Following
his release on August 8, Kholmurzayev collapsed, and he died in the
hospital the following day. Authorities arrested four Bazar Korgon
police officers, charging them with abuse of power, torture, extortion,
and manslaughter. Two of the officers were released to house arrest
while on trial. The family's attorney asked that the judge be replaced
for this decision, and in December a regional court in Bishkek granted
the request. The trial continued at year's end.
On July 30, Feruzbek Fiziyev, a customs officer died after an
alleged encounter with members of the State Committee for National
Security (GKNB). The GKNB officially claimed that Fiziyev jumped from a
building while trying to avoid arrest following a raid on illegal arms
dealers. Human rights NGOs, including Kylym Shamy and Golos Svobody,
disputed this account, contending that Fiziyev died from injuries
related to torture. They claimed GKNB officers detained him and two
acquaintances on July 29. The acquaintances, who were released and
reportedly fled the country, claimed that GKNB officers tortured them.
An independent autopsy of Fiziyev showed injuries consistent with
torture, including broken ribs, multiple contusions, and marks
suggestive of electric shock.
In October 2010 Kazakhstan's Interior Ministry announced the arrest
of two persons in connection with the death of Gennady Pavlyuk, an
ethnic Russian citizen of Kyrgyzstan, in December 2009. A prominent
opposition journalist and critic of the Bakiev government, Pavlyuk died
in the hospital after allegedly being thrown from a building in Almaty
with his hands and feet bound. On October 11, Kazakhstan's criminal
court convicted Aldayar Ismankulov, a former officer of the Kyrgyz
GKNB's Organized Crime Unit, and two citizens of Kazakhstan of the
killing. The court sentenced Ismankulov to 17 years, and his
codefendants to 10 and 11 years' imprisonment, respectively.
b. Disappearance.--During the year human rights organizations
reported numerous disappearances and instances of abductions, often by
law enforcement agencies. Many of these cases appeared to have been
related to the continuing ethnic violence in the south. The Kyrgyzstan
Inquiry Commission (KIC) report published in May corroborated reports
of arrested and detained ethnic Uzbeks denied the opportunity to
contact their families or attorneys during June 2010 events. During the
year local and international observers continued to report numerous
instances in which law enforcement held detainees incommunicado for
long periods. Ethnic Uzbeks in the south reportedly were subject to
arrest and detention during the June 2010 violence for crimes, such as
``participating in mass disturbances, inciting ethnic hatred, and
murder,'' according to multiple NGOs monitoring the situation. The NGOs
alleged that police did not immediately record arrests or communicate
them to family members.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture and other cruel, inhuman, or
degrading treatment or punishment. In April the then newly appointed
prosecutor general, Aida Salyanova, issued a decree prohibiting torture
and ordered the prompt investigation of all torture allegations.
Nonetheless, numerous defense attorneys and multiple human rights
monitoring organizations, including Golos Svobody, Citizens Against
Corruption (CAC), and Human Rights Watch (HRW), continued to report
many incidents of torture by the police and other law enforcement
agencies throughout the year. There were persistent reports of officers
beating detainees and prisoners (particularly Uzbeks in the South) to
extort bribes in exchange for release or to extract criminal
confessions The only police officers known to have been criminally
prosecuted during the year were those involved in the Kholmurzaev case
(see section 1.a.).
In contrast to widespread reports of abuse in detention, most
detainees did not file torture claims while in pretrial detention
because of a fear of retribution from detention facility personnel. As
a result allegations of torture frequently went uninvestigated. In
those cases where an allegation of misconduct was filed, investigators
took two weeks or longer to review torture claims, at which point
physical evidence of torture on the bodies of the detained was no
longer visible. Consequently, defense attorneys presented most
allegations of torture only during trial proceedings. At that point the
claims were more difficult to prove and the courts typically rejected
them. Based on credible NGO reports, ethnic Uzbeks in the southern
portion of the country comprised the majority of victims of torture,
abuse, and mistreatment by law enforcement.
President Otunbayeva noted at the September meeting of the Ministry
of Internal Affairs (MVD) and GKNB Public Oversight Boards that the
number of torture incidents by law enforcement against
``representatives of one nationality'' increased after the June 2010
violence. She stated that ``torture in Kyrgyzstan is a part of culture
and everyday life.'' The Anti-Torture Coalition registered 244 cases of
torture from August 2009 to 2011.
The Prosecutor General's Office reported that 87.3 percent of
torture cases occurred in temporary detention facilities. The victims
included 21 women and 12 juveniles. At least five cases of suspected
torture led to death. In the first 11 months of the year, the
Prosecutor General's Office filed 43 criminal cases involving torture,
of which 20 were sent to the courts for consideration. At year's end,
none of the filed cases had resulted in conviction.
The NGO Committee of Soldiers' Mothers reported eight registered
cases of military hazing involving physical abuse during the year.
Military authorities and the Committee of Soldiers' Mothers provided
medical and psychological treatment to the victims. The eight reported
cases represented an increase in military hazing, compared with one
case in 2010.
Prison and Detention Center Conditions.--Prison conditions were
harsh and sometimes life threatening due to food and medicine
shortages, substandard health care, lack of heat and other necessities,
and mistreatment. Pretrial and temporary detention facilities were
particularly overcrowded, and conditions and mistreatment generally
were worse there than in prisons. Unlike in previous years, morbidity
and mortality rates increased. Morbidity rates increased from 5.07
percent to 5.89 percent, and mortality from 0.9 percent to 1.08
percent. Only mortality resulting from tuberculosis (TB) decreased.
Approximately 477 prisoners had TB, of which 87 had multi-drug-
resistant strains. In the first 10 months of the year, 73 prisoners
died, 14 of them from TB.
According to the government, the prison population fell by
approximately 2,600 to 8,093 (including 345 women). This was
substantially less than the total prison capacity of 14,000 reported by
the government. The decline in the prison population may have been
related to a general amnesty during the year. Regardless, international
organizations alleged that the actual capacity was markedly less than
reported and that prison overcrowding constituted a significant
problem.
Authorities generally held juveniles separately from adults but
occasionally grouped them together in overcrowded temporary detention
centers. CAC reported that at a pretrial detention center in Toktogul,
five prisoners were housed in a single cell containing only four beds.
One of the detainees was a previously convicted criminal, and two were
under the age of 18. On occasion convicted prisoners remained in
pretrial detention centers while their cases were under appeal.
On September 1, Mamataziz Bizrukov died, reportedly from a denial
of medical treatment following abuse. Bizrukov, a 63-year-old ethnic
Uzbek accused of murder and robbery during the June 2010 violence, died
while in custody at a pretrial detention center in Osh. Officials
reported the cause of his death as a heart attack. Although he was
diagnosed with prostatitis on July 29, medical staff at the detention
center did not allow him to receive outside treatment for which his
family had offered to pay. Prior to his death, Bizrukov had complained
that he had been unable to urinate for five days. Nonetheless,
authorities did not send him to the center's hospital and did not
remove him from his cell. The Osh office of the ombudsman and multiple
human rights groups confirmed these reports. Human rights NGOs also
asserted that prison and law enforcement personnel beat Bizrukov on
multiple occasions while in custody.
Convicted prisoners had reasonable access to visitors, and
prisoners were permitted religious observance. Those held in pretrial
detention were not always afforded access to visitors. Prisoners have
the right to file complaints with prison officials or with higher
authorities. However, CAC reported that complaints were not well
documented and were not always passed along by prison staff. Many
observers believed that official prisoner complaints of mistreatment
constituted only a fraction of the cases that actually occurred.
The government continued to permit international and domestic human
rights observers, including from the Office of Democratic Institutions
and Human Rights of the Organization for Security and Cooperation in
Europe (OSCE), the NGO Penal Reform International, and Golos Svobody to
visit prisoners in prisons as well as detainees in temporary detention
centers. The International Committee of the Red Cross (ICRC) also
conducted visits. Monitoring groups generally received unfettered
access.
The ombudsman for human rights is empowered to request alternatives
to incarceration for nonviolent offenders, improvements to pretrial
detention, and proper release at the end of sentences. The ombudsman
frequently made such requests in practice. The ombudsman reported that
it made 2,098 written appeals related to gross violations or requests,
and authorities granted 13.1 percent of these requests.
d. Arbitrary Arrest or Detention.--While the law prohibits
arbitrary arrest and detention, arbitrary arrests appeared to have
greatly increased following the June 2010 interethnic violence. The
number of those arrested and of those sentenced to life imprisonment
also increased during the year. CAC reported that 38 people received
life sentences. The number of individuals serving life sentences in
prison reached 242 during the year, compared with 204 persons in 2010
and 190 in 2009. Police arrests for the lack of proper identification
documents were common. Police frequently used false charges to arrest
persons and then solicited bribes in exchange for release. Persons
unable to pay were often subject to abuse by police. NGOs and
monitoring organizations, including Golos Svobody, CAC, HRW, the U.N.
Office of the High Commissioner for Human Rights, and the OSCE all
recorded multiple complaints of arbitrary arrest during the year.
Although various estimates placed the number of arbitrary arrests in
the thousands, there was no official count. Most observers asserted it
was impossible to know the number of cases because the majority went
unreported.
Role of the Police and Security Apparatus.--General and local
crimes fall under the authority of the MVD, while state-level crimes
fall under the authority of the GKNB. The Prosecutor General's Office
prosecutes both types of crimes. In 2009 then President Bakiyev signed
into law measures that empower the military to intervene in domestic
political conflicts and gave the Presidential Security Service law
enforcement powers, including authorization to conduct interrogations,
intercept communications, and carry out surveillance and other covert
activity. Although these laws remain on the books, there were no
reports that the military or Presidential Security Service exercised
these powers.
The problem of police impunity was highlighted in the aftermath of
the June 2010 interethnic violence. International observers noted
widespread arbitrary arrests, detainee abuse, and extortion,
particularly in the south. However, few MVD officials were dismissed or
prosecuted for corruption, abuse of authority, extortion, or police
brutality. The ministry's internal investigations unit reported 1,430
citizen complaints of police misconduct and 395 issued conclusions on
subsequent investigations. As a result the ministry reported that 39
officers were dismissed and 578 were subjected to various disciplinary
actions. The Prosecutor General's Office reported investigating 87 law
enforcement employees for various crimes but did not provide
information on the outcomes of those investigations.
Arrest Procedures and Treatment While in Detention.--In January
parliament passed amendments to the criminal procedure code eliminating
the authority of prosecutors to issue search and seizure warrants.
Courts have that authority instead. Prosecutors have the burden of
proof in persuading the judge that a defendant should be detained
pending trial, yet detention remained common, particularly with ethnic
Uzbek defendants accused of June 2010 crimes. In 2008 parliament
approved amendments to the code that reduced the period that
authorities can hold a detainee before charging him from 72 to 48
hours. The limit was generally enforced. The law requires investigators
to notify a detainee's family within 12 hours of detention, but this
requirement often was not observed in practice. The courts have
discretion to hold suspects in pretrial detention up to one year, after
which the courts are legally required to release the suspect.
All persons arrested or charged with crimes have the right to
defense counsel at public expense. Human rights observers alleged that
some defense attorneys appointed by the state were complicit with
prosecutors and did not adequately defend their clients. By law the
accused has the right to consult with defense counsel immediately upon
arrest, but in many cases the first meeting did not happen until trial.
Human rights groups noted that authorities usually denied attorneys to
arrested minors, often holding them without parental notification and
questioning them without parents or attorneys present, despite laws
forbidding these practices. Authorities often intimidated minors into
signing confessions.
The law authorizes house arrest for certain categories of suspects.
There were also reports that law enforcement officials selectively
enforced the law by incarcerating persons suspected of minor crimes
while not pursuing those suspected of more serious crimes. There was a
functioning bail system.
On October 20, President Otunbayeva signed an amendment to the law
on detention conditions requiring lawyers to obtain permission from the
prosecutor, investigator, or judge prior to visiting a defendant. Human
rights defenders, including Golos Svobody and CAC, along with prominent
defense attorneys challenged the provision, claiming it violates due
process by making it more difficult for attorneys to consult with their
clients in a timely manner.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary. Lawyers and citizens commonly believed that
judges were open to bribes and/or susceptible to outside pressure.
Multiple sources, including NGOs, attorneys, government officials, and
private citizens asserted that judges paid bribes in order to attain
their positions. These perceptions were reinforced by press reports of
at least nine criminal investigations of judges for allegedly taking
bribes during the year. A survey measuring how events and media reports
shape public perception, conducted by the Citizen's Council to Control
Court System, found that a majority of those interviewed believed that
``judges do not behave properly'' and that ``judges accept bribes in
exchange for their decisions.'' On September 23, GKNB officers detained
an Oktyabrskiy district court judge for receiving a $1,000 bribe in
exchange for stopping a criminal case. The investigation division of
the GKNB opened a criminal investigation.
Cases originate in local courts and can be appealed to municipal or
regional courts, and finally to the Supreme Court. The military has its
own courts. Military courts can try civilians if a codefendant is a
member of the military. Military court cases can be appealed to a
military appellate court and ultimately to the Supreme Court. Economic
and financial disputes are settled through a separate arbitration
court. The Constitutional Court, which was dissolved by the 2010
constitutional referendum, was limited to constitutional questions and
could not intervene with other courts except on the issue of
constitutionality. Although the Constitutional Court was supposed to be
reconstituted, difficulties with the judge selection process prevented
it. At year's end the country had no Constitutional Court.
Following the June 14 adoption of a law on the selection of judges,
the Judges' Selection Council was supposed to have appointed a new
constitutional chamber, Supreme Court, and eventually all 436 judges.
The selection council was comprised of 24 members. The ruling
coalition, the parliamentary minority, and the judiciary establishment
each appointed eight selectors. The council, however, and the process
itself were largely unsuccessful in appointing new judges as mandated.
Civil society and some members of parliament were highly critical of
the council for its lack of transparency and conflicts of interest. The
president rejected many of the candidates for the council after
determining they were unqualified for their posts. Other candidates did
not make it through the final parliamentary approval process. In
October the president suspended the activities of the council
indefinitely due to conflicts of interest and more than 700 complaints
about the process itself. Only two of 11 open positions in the
Constitutional Chamber and none of the judgeships on the Supreme Court
had been filled. In October parliament passed amendments to the law on
the Judges' Selection Council in an attempt to eliminate conflicts of
interest. At year's end more than 90 percent of the judges sitting at
the time of the 2010 revolution remained in place.
Traditional elders' courts handle property and family law matters
and low-level crime. Elders' courts are under the supervision of the
Prosecutor's Office but do not receive close oversight because of their
locations in remote regions. Their decisions can be appealed to the
corresponding regional court. Military courts and elders' courts follow
the same rules and procedures as general courts.
As reported in 2010, trials of Ethnic Uzbeks arrested for
instigating or carrying out violence against ethnic Kyrgyz during the
June violence were not conducted in accordance with Kyrgyz legal
requirements or international standards of fairness. HRW (in its June
2011 report), Amnesty International, and numerous other NGOs described
pervasive violations of the right to a fair trial, including coerced
confessions, use of torture, denial of access to counsel, threats and
acts of violence against defendants and defense attorneys within and
outside of the courtroom, intimidation of trial judges by victims'
relatives and friends, and convictions in the absence of condemning
evidence or despite exculpatory evidence.
On December 20, following a long and frequently delayed appeals
process, the Supreme Court upheld the murder conviction and life
sentence of ethnic Uzbek human rights activist Azimjon Askarov. The
court also upheld the convictions of his seven codefendants. In
September 2010 a Jalalabad court sentenced Askarov to life imprisonment
for the alleged killing of a police officer and for inciting ethnic
hatred during the June 2010 ethnic violence. Four other codefendants
received life sentences, two received 20-year sentences, and one
received a nine-year sentence. In November 2010 an appeals court upheld
the sentences. Askarov asserted that he was tortured while in custody,
and international and local observers reported that trial sessions were
marked by widespread threats, abuse, and assaults on defendants and
their attorneys. The lower courts and the Supreme Court refused to hear
witnesses that could corroborate Askarov's assertion that he was not at
the site of the murder when it occurred. Other witnesses on his behalf
declined to testify due to death threats. At the end of 2010
authorities moved Askarov to a prison hospital in Bishkek, where he
remained. On February 8, the Supreme Court considered a supervisory
appeal of Askarov's sentence to life imprisonment but postponed the
hearing following an investigative motion filed by Askarov's attorney.
The court ordered the MVD to investigate torture allegations. In the
December 20 hearing, the judges accepted the MVD's letter concluding
that no violations or torture occurred while the defendants were in
custody. No representative of the MVD appeared or testified in support
of their findings.
Trial Procedures.--State prosecutors bring cases before courts, and
judges direct criminal proceedings. Criminal cases are conducted by a
single judge; appellate cases are handled by three-judge panels. There
are no jury trials. Judges have full authority to render verdicts and
determine sentences. The law does not guarantee defense attorneys
access to government evidence in advance of the trial. If a court
renders a case indeterminable, it is returned to the investigative
bodies for further investigation, and suspects may remain under
detention. At year's end the government had not implemented a 2007 law
allowing jury trials in the cities of Bishkek and Osh. The law provides
for transparency of court proceedings. Trials are generally open to the
public, unless state secrets or the privacy of defendants is involved,
and verdicts are announced publicly even in closed proceedings.
The law provides for defendants' rights, including the presumption
of innocence. In practice, however, these rights appeared to have been
regularly violated. Customs and practices of the judicial system
continued to contradict the principle of presumption of innocence, and
pretrial investigations focused almost exclusively on the collection of
sufficient evidence to prove guilt. In a majority of trials, defendants
are required to sit in barred cells within the courtroom, although
sometimes it is necessary for their own protection. The law provides
for unlimited visits between an attorney and a client during trial.
However, official permission for such visits is required but not always
granted. Indigent defendants were provided attorneys at public expense,
and defendants could refuse attorney support and defend themselves. HRW
and other NGOs reported that some state-provided criminal defense
lawyers were complicit with prosecutors and did not properly defend
their clients. In some cases NGO observers accused defense attorneys of
being incompetent. Defendants and their counsel are permitted by law to
access prosecution evidence, although not in advance of the trial,
attend all proceedings, question witnesses, and present evidence. In
practice, however, the legal system frequently did not guarantee these
rights. Typically witnesses were required to testify in person. Under
certain circumstances courts allowed testimony via audio or video
recording. Defendants and prosecutors have the right to appeal the
court's decision.
During 2010-11, crowds of spectators regularly disrupted trials of
ethnic Uzbeks charged with crimes related to the June 2010 violence.
Family members of victims frequently disrupted trial proceedings and
often threatened the security and the safety of defendants, attorneys,
and judges. Authorities typically did nothing to stop these widespread
incidents.
On September 16, in Kara Suu District Court, an ethnic Uzbek man on
trial for a killing and his attorney were attacked by relatives of the
victim during the trial. The group of mostly women started with verbal
threats and insults directed at the defendant and his attorney. The
judge asked the women to desist but did not order them removed from the
court and did not order police to provide security. While the defense
attorney was giving remarks, the victim's mother attacked her, pulling
her hair. The judge told the attacker to sit down but took no other
action to protect the attorney, who apparently became too nervous to
continue and left the courtroom. After the judge and prosecutor left
the courtroom, the victim's relatives threw rocks at the defendant, who
remained locked in a cage in the courtroom. Police in the courtroom
reportedly tried to stop the attack but were attacked themselves.
Authorities did not arrest any of the offenders.
Political Prisoners and Detainees.--On December 20, the Supreme
Court ruled against the appeal of Azimjon Askarov, an ethnic Uzbek
human rights activist convicted with seven codefendants for the killing
of a police officer during the June 2010 events. The court had
suspended the appeal since February 8. Many independent observers
considered Askarov a political prisoner, and the Ombudsman's Office
declared that his sentence was ``politically motivated.'' An ombudsman
investigation shortly after the incident cleared Askarov of suspicion
and found that he had been tortured while in temporary detention. His
and his codefendants' trial was considered by international and
domestic observers to be highly biased and in violation of several
domestic and international norms. His prosecution and conviction were
based upon questionable witness accounts. His arrest appeared to be
score settling by the police with whom he had frequently clashed.
On October 28, a Jalalabad court convicted Kadyrzhan Batyrov, an
ethnic Uzbek community leader, and five codefendants--all tried in
absentia--of circulating separatist propaganda, inciting ethnic hatred,
and organizing violent clashes. Independent observers judged the short
trial to be politically motivated, marred by procedural violations, and
rushed to completion before the October 30 presidential election.
Batyrov and codefendant Inom Abdurasulov received life sentences, the
other defendants received lengthy sentences, and all were subjected to
state seizure of their property.
In December the trial of 28 individuals accused of complicity in
the shooting deaths of protesters on April 7 continued in Bishkek. The
trial, which continued at year's end, involved the prosecution of
several defendants in absentia, including former president Kurmanbek
Bakiyev; his brother Janysh, former head of the Presidential Guard
Service; and former prime minister Daniyar Usenov. Other defendants
included Oksana Malevanaya, former head of the Presidential
Secretariat; Murat Sulatinov, former chairman of the GKNB; and several
special GKNB operations officers. Human rights activists claimed that
the charges against the defendants were arbitrary and that the
government denied the legal right of the defendants to see all of the
evidence against them during the trial. The trial began in November
2010, when during the first session, audience members surged onto the
stage, threatening defendants and their attorneys, who subsequently
refused to participate in the trial unless the government ensured their
security.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters. As
with criminal matters, citizens believed the civil judicial system was
subject to influence from the outside, including by the government.
Local courts address civil, criminal, economic, administrative, and
other cases. The Supreme Court is the highest judicial authority.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, although observers and
activists alleged that the government at times violated these
prohibitions. The law requires approval from the prosecutor general for
wiretaps, home searches, mail interception, and similar acts, including
in cases relating to national security. Some activists and journalists
confidentially alleged that their privacy was violated through
wiretapping, eavesdropping, and theft of personal or professional
information.
Cell phone operators MegaCom and Beeline confirmed that the
security services wiretapped citizens. On April 15, parliament adopted
a law requiring that mobile operators switch off the technical means
serving security and investigative actions. Ar Namys parliamentarian
Akylbek Japarov declared that the GKNB was responsible for violating
the integrity of citizens' personal information with the use of a
wiretapping system. The decree states that any wiretapping of
electronic communication should be used exclusively to combat crime.
Parliamentarian Dastan Bekeshev stated in a September 8 parliamentary
session, however, that the decree had not been implemented because
mobile operators had not reported turning off the wiretapping
technology to the parliamentary committee.
In July 2009 then President Bakiyev signed into law an amendment to
the Law on Defense and Armed Forces authorizing the military to
confiscate private property for the purpose of state security. While
this law remains on the books, there were no reports of such
confiscations during the year.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
There were no reports of violent clashes during the year. The
widespread ethnic violence in June 2010 between ethnic Kyrgyz and
ethnic Uzbeks in Osh and Jalalabad oblasts resulted in the deaths of
400 to 500 individuals. In 2010 the government's investigative National
Commission of Inquiry reported 426 confirmed deaths, of which 276 were
of ethnic Uzbeks and 105 were of ethnic Kyrgyz. The international KIC
report estimated at least 470 deaths, of which 75 percent (348) were of
ethnic Uzbeks and 25 percent (118) were of ethnic Kyrgyz. Security
forces, mainly composed of ethnic Kyrgyz, did not prevent the violence.
Multiple reports surfaced that some units surrendered their vehicles,
weapons, and uniforms to groups attacking ethnic Uzbek neighborhoods
and may have participated in attacks. None of the investigations
uncovered solid evidence of security forces' participation in the
attacks.
Authorities claimed that they investigated the June 2010 violence
without regard to ethnicity. However, the vast majority of those
arrested in connection with the violence, on charges ranging from
destruction of property to murder, were ethnic Uzbeks. A June 2011 HRW
report noted that of 124 individuals arrested for murder, 115 were
ethnic Uzbeks. Many of those arrested were tortured. According to a
2010 HRW report, prolonged and extensive beatings by fist, club, or
rifle butt were the primary form of abuse. Victims also reported being
suffocated with hoods or gas masks and burned with cigarette butts.
Although government officials in oblasts where such abuses were alleged
denied the claims, HRW reported finding 65 credible cases of torture.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Freedom of Speech: The law provides for freedom of speech and
press. In practice individuals generally could criticize the government
publicly or privately without reprisal. Following the April 2010 change
of government, the government took steps toward ensuring those rights
were respected.
Freedom of the Press.--After the June 2010 violence, the Committee
to Protect Journalists (CPJ) reported that two ethnic-Uzbek Radio Free
Europe/Radio Liberty journalists in Osh received threats that forced
them to stop working and leave the region temporarily. They had
produced eyewitness reports of the ethnic unrest that differed from the
reports produced by most domestic media outlets.
There were 40 to 50 regularly printed newspapers and magazines, 12
to 15 of which were state-owned with varying degrees of independence.
The independent printing press run by the nongovernmental Media Support
Center was the leading newspaper publisher in the country. More than 50
state-owned and private television and radio stations operated in the
country, with two television stations, both state-owned, broadcasting
nationwide. Government newspaper, television, and radio outlets
continued to receive state subsidies.
Violence and Harassment.--At least eight journalists were attacked
or threatened during the year. Although authorities opened
investigations into some of the incidents, none were solved by year's
end. In certain cases, even though some perpetrators' identities were
known, the government did not prosecute the suspects. Some threats
against journalists were anonymous; others were made by known figures
such as politicians and government officials. Journalists were
threatened for reporting on sensitive topics such as interethnic
relations, the June 2010 events, and the rise of nationalism in the
country. Others were threatened for reporting critically on public
figures. Many journalists, even those not assaulted or threatened,
admitted to self-censoring their reporting due to fear of being
targeted.
The CPJ and other news outlets reported that on August 10, Shakrukh
Saipov, an independent, ethnic Uzbek journalist, was abducted from the
Osh airport, beaten, and left unconscious on a street in the village of
Aravan, 17 miles from Osh. Saipov, who publishes an independent news
Web site in Russian, Uzbek, and English, sustained a concussion,
partial memory loss, several broken teeth, and a broken nose. The
attackers did not steal any of his valuables. At year's end the police
reported no progress in investigating the case.
On May 11, Radio Free Europe/Radio Liberty and other outlets
reported that several assailants attacked and beat Samat Asipov, a
journalist who covered parliament for Channel 5. Asipov was
hospitalized for his injuries. The attackers did not steal his
valuables. Although the police opened an investigation, they identified
no suspects, and no one was prosecuted for the crime.
During the year authorities prosecuted Khalil Khudaiberdiyev, owner
and director of Osh TV, and Dzhavlon Mirzkhodzhayev, owner of Mezon TV
and several newspapers, along with four other exiled ethnic Uzbek
citizens of Kyrgyzstan, including Khadyrzhan Batyrov (see section 1.e.,
Political Prisoners and Detainees). Khudaiberdiyev and Mirkhodzayev
were specifically targeted because their TV stations broadcasted a May
2010 protest rally in Jalalabad. Although rally organizers denounced
violence, Khudaiberdiyev, Mirzkhodzhayev, and the others were charged
with participating in mass disorder, calls for separatism, and illegal
creation of an armed group, among other charges. The CPJ called the
charges fabricated. On October 28, both men were convicted and
sentenced in absentia to prison terms of 14 years (Mirzkhodzhayev) and
20 years (Khudaiberdiyev), as well as state seizure of property.
Censorship or Content Restrictions.--A 2008 law, yet to be fully
implemented, placed significant restrictions on television and radio
broadcast companies and established Kyrgyz-language and local content
requirements. Human rights activists asserted that the law is
unconstitutional because it conflicts with constitutional rights to
freedom of speech and access to information.
Multiple anonymous sources alleged that some news outlets
instructed their reporters not to report critically on certain
politicians or government officials. Sources also reported that some
news outlets received ``requests'' from offices of the government to
report in a particular way or to ignore news stories.
Libel Laws/National Security.--Under the new constitution, libel is
no longer a criminal offense. On July 11, President Otunbayeva signed
legislation passed by parliament to implement that provision.
From September 25 until October 30--the period of the presidential
election campaign--the national cable television provider blocked
international news channels CNN and BBC. All of the Russian news
channels were delayed, and later broadcasts removed stories referring
to Kyrgyzstan. It was reported that the Russian embassy provided the
technology to delay and edit the Russian broadcasts. These measures
were taken in accordance with the new law on elections that sought to
limit foreign media influence in the campaign.
Publishing Restrictions.--The Ministry of Justice requires all
media to register and receive ministry approval in order to operate.
The registration process nominally takes one month but in practice
often took much longer. It included checks on the background of each
media outlet's owner and the source of financing, including financing
by international donor organizations.
Foreign media generally operated freely. The law prohibits foreign
ownership of domestic media; however, there was a small degree of
foreign ownership of media through local partners. Russian-language
television stations dominated coverage and local ratings. A number of
Russia-based media outlets operated freely in the country; the
government treated them as domestic media. Several new broadcast
licenses were issued in late 2010 and 2011, but the awards process
remained cumbersome in that two licenses were required, one for content
and one for broadcast spectrum. The process also lacked transparency.
All independent Uzbek-language media in the south stopped operating
after the June 2010 violence, and aside from extremely limited Uzbek
language content in Kyrgyz language outlets and publications, they did
not resume during the year. In some cases there were reports that media
outlets stopped operating because of local government pressure.
During the year there were no developments in the 2010 case of
Ulugbek Abdusalamov, editor of the Uzbek-language newspaper Didor,
charged with ``organizing and participating in mass disorder,''
``inciting ethnic hatred,'' and ``separatist activities aimed at
destroying the territorial integrity of the state.'' According to human
rights organizations, Abdusalamov had heart problems that may have
resulted from beatings in prison, and his trial was postponed. At the
end of 2010, Abdusalamov's attorney reported that his client and his
family were missing and their whereabouts were unknown.
Internet Freedom.--Individuals and groups could engage in peaceful
expression of views via the Internet, including e-mail, online forums,
and blogs.
On June 16, parliament adopted a resolution banning the independent
news website, fergananews.com (formerly fergana.ru) from operating
within the country. Parliament justified its decision by saying that
the site, which most observers see as independent and balanced, incited
ethnic hatred. Activists called the move unconstitutional, and
President Otunbayeva criticized the decision, recalling that the
Bakiyev regime had tried to shut down the Web site. The government did
not enforce the ban.
From February 22 to 28, the Web site gezitter.org, which translated
and published Kyrgyz language news stories in Russian, was unavailable
on all ISPs connected via Kyrgyztelecom. Because gezitter.org was still
accessible outside of the country and on the few ISPs not affiliated
with Kyrgyztelecom, it appeared as if the near monopoly provider had
blocked the site, but expert opinion on the matter remained
inconclusive. Kyrgyztelecom denied that it had blocked the site. The
site operated normally after the end of February.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. Religious higher
educational institutions must follow strict reporting policies, but
they reported no restrictions on academic freedom.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for the right of peaceful assembly.
Organizers and participants of peaceful assemblies have the
responsibility to notify authorities about planned assemblies, but the
constitution prohibits authorities from banning or restricting peaceful
assemblies, even in the absence of prior notification. According to the
report Monitoring the Right to Freedom of Peaceful Assembly in the
Kyrgyz Republic, enforcement of freedom of assembly and existing laws
does not always comply with the constitution. For example, local
authorities still have the right to demand an end to public action, and
in the case of noncompliance, they are empowered to take measures to
end assemblies. The report contends that these powers are subject to
abuse by local authorities. The government initiated a draft law ``On
Peaceful Assemblies'' to close gaps between current laws, practice, and
the constitution, but as of year's end, it had not passed.
In the first 10 months of the year, nearly 1,500 demonstrations
freely took place.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right. NGOs,
labor unions, political parties, and cultural associations must
register with the Ministry of Justice. NGOs are required to have at
least three members, and all other organizations at least 10 members.
The Ministry of Justice did not refuse to register any domestic NGOs
during the year and, following the April 2010 change of government, it
allowed the Norwegian Helsinki Commission to operate in the country.
The law prohibits foreign-funded political parties and NGOs, including
their representative offices and branches, from pursuing political
goals.
The government continued its ban on five organizations--Hizb ut-
Tahrir (HT), the Islamic Party of Turkestan, the Organization for
Freeing Eastern Turkestan, the Eastern Turkestan Islamic Party, and
Tablighi Jamaat--that it alleged had ties to international terrorist
organizations. Arrests and prosecution of persons accused of possessing
and distributing HT literature continued. Although most arrests of
alleged HT members in the past occurred in the south and involved
ethnic Uzbeks, media reports tracked a continuing increase in
detentions of ethnic Kyrgyz for HT-related activity in the north. The
majority of those arrested were charged with distribution of literature
inciting ethnic, racial, or religious hatred. In some cases police may
have planted HT literature as evidence against those arrested.
c. Freedom of Religion.--See the Department of State's
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.--In-country Movement.--The law on
internal migration provides for freedom of movement. The government
generally respected this right in practice, and citizens generally were
able to move within the country with relative ease. However, certain
policies continued to restrict internal migration, resettlement, and
travel abroad. The government cooperated with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other organizations to
provide some protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern. The law requires all
persons to possess an official residence registration to work and live
in a particular area of the country. Applicants for residence
registration must file a request with the local police and be able to
prove they have a place to live in the area. Individuals who do not
register or who are registered in a town other than where they live can
be denied access to subsidized health care or schooling.
Foreign Travel.--The law on migration prohibits travel abroad by
citizens who have or had access to information classified as state
secrets.
Internally Displaced Persons (IDPs).--According to the UNHCR, the
June 2010 violence in Osh and Jalalabad oblasts displaced approximately
300,000 persons internally, as well as 75,000 persons who temporarily
fled to Uzbekistan and later returned. The UNHCR, which led a
multiimplementer emergency shelter construction project, announced in
December 2010 that all those whose homes had been partially or totally
destroyed in the violence had been provided with temporary shelter.
However, the UNHCR cautioned that significant numbers remained
displaced and were living with other families, were in transitional
shelter on the plots of their destroyed homes, or had left the country.
The Internal Displacement Monitoring Center (IDCM) estimated that
75,000 persons remained internally displaced at the start of the year.
The government's State Directorate for Reconstruction and Development
offered two options to families with damaged homes: a one-time grant
equivalent to about $1,000, or a loan equivalent to approximately
$4,200. Most returnees opted for the one-time grant. According to the
IDCM, internally displaced persons continued to face issues concerning
physical and food security, arbitrary arrest, the replacement of
documentation, and limited access to livelihoods, health care,
education materials, and sanitation.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status, and the government has
established a system for doing so. During the year the government
cooperated with the UNHCR and other organizations to provide some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. According to the UNHCR, Uighurs remained at risk
of deportation or extradition, particularly if they were involved with
political and religious activities in China or if the Chinese
government requested their return. The government also continued to
deny Chechen refugees official refugee status, but it granted them
asylum seeker status, which provided some legal protection. There were
continued reports of Uzbek refugees hiding in the country due to fear
of persecution by the Uzbek government.
Access to Asylum.--As in past years, several local citizens sought
asylum in foreign countries, claiming they would face repression or
legal persecution if they returned to the country.
Employment.--Refugees who lack official status in Kyrgyzstan do not
have legal permission to work. They are therefore subject to
exploitation by employers paying substandard wages, not providing
benefits, and not complying with labor regulations. They cannot file
grievances with the authorities. These refugees are also ineligible to
receive state provided social benefits.
The Ministry of Migration, Employment, and Labor reported 193
refugees and 225 asylum seekers in the country as of August. Refugees
were primarily from Afghanistan (182), along with several each from
Syria, Iran, and China. Among the asylum seekers officially registered
with the government were 47 from Afghanistan, 152 from Uzbekistan, nine
from Iran, 13 from Russia, and small numbers from other countries
including Turkey, China, Syria, and Pakistan.
Stateless Persons.--A UNHCR-funded survey conducted by local NGOs
in late 2008 identified nearly 13,000 individuals living in the three
southern oblasts who lacked any official documentation confirming their
citizenship. The report listed several categories of stateless persons:
Uzbek women who married Kyrgyz citizens but never received Kyrgyz
citizenship (many such women allowed their Uzbek passports to expire,
and regulations obstructed their efforts to gain Kyrgyz citizenship);
individuals who continued to hold outdated Union of Soviet Socialist
Republics passports because they failed to exchange their passports or
never applied for citizenship; children born to one or both parents who
are stateless; and children of migrant workers who had renounced their
Kyrgyz citizenship in the hope of becoming Russian citizens. Stateless
persons were denied state social benefits and prevented from working in
formal sector jobs.
In September 2009 the UNHCR announced a plan of action for dealing
with the problem of statelessness, including increasing public
awareness and working with the government to improve the process for
applying for citizenship. The UNHCR estimated that as a result of the
plan of action, approximately 10,000 persons had been documented as
citizens in 2010. As of September, 4,000 stateless persons had received
Kyrgyz passports. At year's end the UNHCR estimated the total number of
stateless persons in the country (both de jure and de facto) at
slightly more than 17,000.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully. In practice, however, this right had been restricted until
the violent change of government in April 2010. Following the revolt, a
provisional government took power and conducted a constitutional
referendum at the end of June 2010 and parliamentary elections in
October 2010. The country then held presidential elections on October
30, 2011.
Under the new constitution, the powers of the president,
parliament, and government (headed by a prime minister) are divided.
The president, who serves a six-year term, can veto legislation and
appoints the heads of national security bodies. Members of parliament
are elected to five-year terms on party lists and vote to approve a
proposed government. Parliament can also vote to express no confidence
in the government, after which the president may dissolve it. The
constitution does not provide any officeholder with immunity from
prosecution after the individual leaves office.
Elections and Political Participation.--Recent Elections.--On
October 30, the country held a presidential election that was judged to
be open and transparent, but not without problems and accusations of
fraud by both local and international observers. Prime Minister
Almazbek Atambayev defeated 15 other candidates with 62.52 percent of
the vote. By attaining more than 50 percent of the vote, Atambayev
prevented a runoff election. He assumed office December 1. The election
was widely observed with nearly 800 international observers and
thousands of local observers, representing domestic NGOs, political
parties, and the candidates themselves. Although not widespread,
instances of fraud, including ballot stuffing and manipulation of
polling station and precinct results, were observed and reported, as
were problems with voter lists. For the first time, the country
required citizens to register in advance and appear on voter lists in
order to cast ballots. Although more than 300,000 people reportedly
changed the location of their voter registration, thousands who went to
the polls did not find themselves on the final voter list and were not
allowed to vote. International and local observation missions noted the
problems, but the general consensus was that they did not change the
outcome of the election. Atambayev's two closest competitors, who each
received approximately 15 percent of the vote, alleged widespread fraud
and challenged the results. Nonetheless, the Central Election
Commission certified the results on November 12.
Participation of Women and Minorities.--There were no legal
restrictions on the participation of women in politics; however, with
the notable exception of President Roza Otunbayeva, traditional
attitudes at times hindered women from holding high office or playing
active roles in political life. There were no female candidates on the
2011 presidential ballot. Twenty-five women representing five political
parties occupied seats in parliament due to parliamentary election code
mandates aimed at ensuring gender diversity. The code requires that
male and female candidates be no more than three spaces apart on party
lists and that no more than 70 percent of candidates on a party list be
of the same gender.
National minorities, which made up 35 percent of the population,
were underrepresented in government positions, particularly Russians
and Uzbeks, the two largest ethnic minority groups. Fourteen of the 120
parliament members belonged to a national minority. The law requires
that at least 15 percent of candidates on party lists be ethnic
minorities.
The Minister of Social Protection was the only ministerial position
held by a woman during the year. From April through the end of the
year, the position of prosecutor general was also held by a woman. No
one known to be of an ethnic minority held a cabinet-level government
position. As of October women occupied 19 percent of the 675 government
positions.
Section 4. Official Corruption and Government Transparency
Corruption remained endemic at all levels of society. The law
provides criminal penalties for official corruption; however, the
government did not enforce the law effectively, and officials engaged
in corrupt practices with impunity.
The payment of bribes to avoid investigation or prosecution was a
major problem at all levels of law enforcement. Likewise, law
enforcement, particularly in the south, frequently employed arbitrary
arrests, torture, and the threat of criminal prosecution as a means of
extorting cash payments from citizens (see section 1.d.).
The law gives persons the right to request information from the
government, and the government generally complied with such requests;
however, the process was typically slow, rendering the service less
useful.
On October 12, the GKNB launched a Web site to make its work more
open and accessible to the public.
On September 23, GKNB officers detained an Oktyabrskiy district
court judge for receiving a $1,000 bribe in exchange for stopping a
criminal case. The investigation division of the GKNB opened a criminal
investigation.
On September 12, the GKNB's investigation division completed its
investigation of several MVD officers for illegal weapons and
ammunitions trade and sent the case to the court. The investigation
discovered weapons and ammunition missing from the MVD weapons
storehouse.
In September the GKNB's press service announced that the committee
had fired two GKNB officers for trafficking precious metals into the
republic and six counterintelligence officers for faking reporting
documents.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Despite recently loosened restrictions on the activities of
domestic and international organizations that report on human rights in
the country, law enforcement officials harassed and threatened human
rights activists who reported on ongoing abuses and those committed
during and after the June 2010 ethnic violence. Although the central
government regularly met with local and international organizations to
discuss their activities and acknowledge their concerns, it failed to
respond to some international organizations' questions, requests, or
reports.
On November 17, Sardar Bagishbekov, director of Golos Svobody and a
prominent human rights activist, received a threatening telephone call
from a colonel in the Ministry of Internal Affairs. Bagishbekov and
others had been pursuing the criminal prosecution of the colonel's son,
also a police officer, for torture and were operating a prison and
torture monitoring project. The colonel warned Bagishbekov and his
colleagues to back off the case and their monitoring activities. He
threatened that after the December 1 departure of President Roza
Otunbayeva, things would be different for human rights defenders,
implying that the government would not protect them. Bagishbekov filed
a complaint with the Prosecutor General's Office, which referred the
incident back to the ministry, and the colonel was verbally
reprimanded. The defendant in the torture case was dismissed from the
police force and was awaiting trial at the end of the year. Three other
officers also charged in the case remained on the force.
On September 21, Marsel Abdirasulov, the 19-year-old son of human
rights activist Aziza Abdirasulova, was removed from his home and
detained by four members of Bishkek's Sverdlovskiy district Department
of Internal Affairs. He was detained in connection with an alleged
assault and robbery. The officers were dressed in street clothes and
initially did not identify themselves as police officers. Abdirasulov
denied involvement in the incident and had an alibi. After being
questioned for several hours, he was released and the charges against
him were later dropped. On the date of his arrest, his mother and other
activists had traveled to Osh to monitor detention centers.
Abdirasulova claimed that her son's arrest was directly related to her
monitoring and human rights activity.
U.N. and Other International Bodies.--In September 2010 President
Otunbayeva authorized an international independent commission led by
Kimmo Kiljunen, special representative of the OSCE Parliamentary
Assembly for Central Asia, to investigate the cause and circumstances
of the June 2010 interethnic violence. The KIC, which was completely
independent of the OSCE, received government cooperation, and its
detailed report was released on May 4. Most independent observers
judged the report to be balanced and exhaustively researched.
The KIC faulted the provisional government on a number of grounds,
including ``failing to recognize or underestimating the deterioration
in interethnic relations in southern Kyrgyzstan'' and failing to deploy
security forces with clear rules of engagement for non-lethal use of
force.
The government disputed the findings of the May KIC report, calling
them one-sided. In response to the report, parliament passed a
resolution on May 26 that banned KIC Chairman Kiljunen from entering
the country. The resolution accused him of distributing unconfirmed,
biased information about the events to the international community. The
resolution also instructed the prosecutor general to prevent the
circulation of unconfirmed information and prosecute those responsible
for its circulation.
The government permitted visits by representatives of the U.N. and
other organizations, including the OSCE, ICRC, Norwegian Helsinki
Committee, and International Organization for Migration (IOM). The
government postponed the scheduled fact-finding mission of the U.N.
special rapporteur on torture. The visit was originally scheduled for
May but took place in December.
Government Human Rights Bodies.--The Office of the Ombudsman acts
as an independent advocate for human rights on behalf of private
citizens and NGOs and has authority to recommend cases to court for
review. The Ombudsman's Office actively advocated for human rights. The
ombudsman told parliament that his office had received approximately
10,180 complaints during the year and had addressed all of them. The
atmosphere of impunity surrounding the security forces and their
ability to act independently against citizens limited the number and
type of complaints to the office.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. Although women were active in government,
education, civil society, the media, and small business, they
encountered gender-based discrimination. Rights activists claimed
authorities failed to apprehend or punish perpetrators of crimes of
discrimination during the year.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal; however, the government failed to enforce the law
effectively. Activists continued to note a growing number of rape
cases, although this may have been due to increased reporting of
attacks. NGOs claimed that rape cases were dramatically underreported
and were rarely brought to court. No statistics relating to the number
of cases or convictions during the year were available.
The law specifically prohibits domestic violence and spousal abuse;
however, violence against women remained a problem. According to a poll
conducted in 2008-09 by the Association of Crisis Centers, 83 percent
of respondents stated there was physical violence against women in the
home. The U.N. Women's Development Fund also stated that between 40 and
50 women and girls were hospitalized in the Bishkek city hospital every
month because of domestic violence. According to the Ministry of
Internal Affairs, police responded to almost 10,000 cases of family
conflict annually, and nearly 15 percent of crimes committed during
family conflicts resulted in death or serious injury. Many crimes
against women were not reported due to psychological pressure, cultural
traditions, and apathy among law enforcement officials. Furthermore,
there were reports of spouses retaliating against women who reported
abuse. Penalties for domestic violence ranged from fines to 15 years'
imprisonment, the latter if abuse resulted in death.
Several local NGOs provided services for victims of domestic
violence, including legal, medical, and psychological assistance, a
crisis hotline, shelters, and prevention programs. In 2009, according
to the Association of Crisis Centers, their 13 member shelters had
6,620 women as clients. Organizations assisting battered women also
lobbied to streamline the legal process for obtaining protection
orders. The government provided offices for the Sezim Shelter for
victims of domestic abuse and paid its bills. According to the Sezim,
its hotline received 2,019 telephone calls during the year. Ninety
percent of calls were made by women, and 507 of them involved domestic
violence cases. The shelter provided services to 256 individuals,
including 122 children. It reported that 104 women and 105 children
were victims of domestic violence.
Harmful Traditional Practices.--Although prohibited by law, the
traditional practice of kidnapping women and girls for forced marriage
continued in rural areas. Recent independent studies estimated that 50
to 75 percent of all marriages in the country involved bride
kidnapping. While some cases were consensual, reports estimated that up
to two-thirds of bride kidnappings were nonconsensual. Cultural
traditions discouraged victims from going to the authorities.
Reportedly, some victims went to the local police and obtained
protective orders, but the orders were often poorly enforced.
In the first half of the year, the press reported that in Issyk Kul
Province, two 20-year-old women forced into marriage through bride
kidnapping committed suicide.
On February 12, a 16-year-old girl in the town of Bashi in Naryn
oblast was kidnapped for the purpose of forced marriage. The case was
under investigation, although the girl continued to live with her new
family as a spouse at year's end. It was reported that the director of
the school where the girl studied may have been involved in her
kidnapping.
Sexual Harassment.--According to an expert at the local NGO Shans,
sexual harassment was widespread, especially in private sector
workplaces and among university students, but was rarely reported or
prosecuted. The law prohibits physical sexual assault but not verbal
sexual harassment. Penalties for sexual assault range from three to
eight years' imprisonment.
Reproductive Rights.--Couples and individuals have 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. National health regulations require that family planning
counseling and services be readily available through a range of health
professionals including not only obstetricians and gynecologists but
also family doctors, paramedics, and nurse-midwives. At the level of
primary health care, regulations require that women who request
contraceptives can receive them regardless of ability to pay. The
country's Essential Drug List (a list of drugs and other medical items
that all government medical clinics should have in supply and available
to patients) also includes different types of contraceptives. National
health protocols require that women be offered postpartum care and
counseling on methods and services related to family planning. The
government offered special programs to meet the needs of vulnerable
target groups, such as adolescents, internally displaced persons, new
urban migrants, persons in prostitution, and the very poor. No
information was available relating to gender differences in diagnosis
or access to treatment for sexually transmitted infections.
According to statistics provided by the Population Reference
Bureau, access to contraception and maternal health care was widely
available, and virtually all births in urban areas and 96 percent of
births in rural areas were attended by skilled personnel.
Discrimination.--In 2008 then President Bakiyev signed a law
providing for equal rights for men and women. According to the
presidential press service, the ``document establishes state guarantees
in terms of providing equal rights and opportunities for persons of
various sexes in political, social, economic, cultural, and other
fields, and aims to protect men and women against discrimination on the
basis of sex.'' Women have the same rights as men, including under
family law, property law, and in the judicial system, although
discrimination against women persisted in practice. According to an
expert from the NGO Women's Educational Coalition for Equal Rights,
Development, and Peace, the property rights of women from Muslim
families were not protected, and those women were subject to
discrimination when applying for jobs or entering educational
institutions. The National Council on the Issues of Family, Women, and
Gender Development, which reports to the president, is responsible for
women's issues.
Average wages for women were substantially less than for men. Women
made up the majority of pensioners, a group particularly vulnerable to
deteriorating economic conditions. In rural areas traditional attitudes
toward women limited them to the roles of wife and mother and curtailed
educational opportunities. Data from NGOs working on women's issues
indicated that women were less healthy, more abused, less able to work
outside the home, and less able than men to determine independently the
disposition of their earnings. According to the U.N. Development Fund
for Women and domestic NGOs, women did not face discrimination in
access to credit or owning businesses.
The annual government-sponsored media campaign to combat violence
against women took place during the year. According to NGOs the
campaign helped to coordinate the efforts of groups combating violence
against women and give them a greater voice.
Children.--Birth Registration.--According to the law, every child
born in the country has the right to receive a birth certificate, local
registration, and citizenship; however, some children were stateless
(see section 2.d.). The UNHCR reported that children of migrant parents
who have moved and/or acquired citizenship of another country--in many
cases, Russia--had to prove that both of their parents were Kyrgyz
citizens. These children encountered difficulties obtaining citizenship
if their parents lacked the necessary documentation.
Education.--The law provides for compulsory and free education for
the first nine years of schooling, or until age 14; secondary education
is free and universal until age 17. However, financial constraints
prevented the government from providing free basic education for all
students, and the system of residence registration restricted access to
social services, including education for certain children, such as
refugees, migrants, and noncitizens. The law carries penalties for
parents who do not send their children to school or who obstruct their
attendance. This law was only sporadically enforced, particularly in
rural areas. Families who kept children in public schools often had to
pay burdensome and illegal administrative fees. The government
continued to fund two programs to provide school supplies and textbooks
to low-income children and those with mental or physical disabilities.
Legally, all textbooks should be free of charge, but the government was
unable to provide them to all students.
Medical Care.--The government provided health care for children;
however, refugee, migrant, noncitizen, and internally displaced
children had problems accessing health care due to the system of
residence registration.
Child Abuse.--Child abuse, including beatings, child labor, and
commercial sexual exploitation of boys and girls continued to be a
problem. In addition gang-related child-on-child violence in schools
was a growing trend.
As in previous years, there were numerous reports of child
abandonment due to parents' lack of resources, and large numbers of
children lived in institutions, in foster care, or on the streets.
Approximately 80 percent of street children were internal migrants.
Street children had difficulty accessing educational and medical
services. Police detained street children and sent them home (if an
address was known) or to a rehabilitation center or orphanage. The
Rehabilitation Center for Street Children in Bishkek, maintained by the
Ministry of Internal Affairs, continued to lack sufficient food,
clothes, and medicine and remained in poor condition. In 2007 the
center provided rehabilitation assistance to approximately 400 children
and sheltered 70, according to UNICEF. In 2008 IOM, with foreign
government funding and State Committee for Migration and Employment
(SCME) assistance, renovated the Rehabilitation Center for Children in
Osh, staffed it with personnel from an IOM-trained NGO, Ulybka, and
stocked it with food and supplies. According to Ulybka employees, 698
children received shelter, rehabilitation, and psychological counseling
in 2009, 55 of whom were found to have been victims of child labor or
sexual exploitation. The center was destroyed during the ethnic
conflict in the south in June 2010, but by August it had been
reconstructed. In the period from August to November, 290 children
received assistance in the center.
Harmful Traditional Practices.--Although illegal, the practice of
bride kidnapping continued (see section 6, Women), and underage
abductions during the year were likely underreported. Children who are
16 and 17 may legally marry with the consent of local authorities, but
marriage before age 16 is prohibited under all circumstances. The
government did not have a program to address the problem of child
marriage. Instead local authorities handled reports of its occurrence
on a case-by-case basis. According to a report by the U.N. Committee on
Children, between 2003 and 2009 the Prosecutor General's Office
initiated 27 cases against underage bride kidnapping and forced
marriage.
State orphanages and foster homes lacked resources and often were
unable to provide proper care. Some older children were transferred to
mental health care facilities even when they did not exhibit mental
health problems. According to data provided by the Government Social
Protection Development Agency, more than 20,000 children lived in state
institutions or foster care.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--No law specifically prohibits espousing or printing
anti-Semitic rhetoric. On April 26, the prosecutor general announced
that it would enforce Article 299 of the criminal code and prosecute
media outlets that publish articles that incite national, racial,
religious, or interregional strife. However, Kyrgyz-language newspapers
published articles, commentary, or quotes that were anti-Semitic. Such
rhetoric typically appeared in smaller, nationalistic fringe
publications. On August 9, however, two anti-Semitic articles appeared
in the mainstream newspaper, Fabula. One article about a group
associated with a prominent foreigner investing in a Kyrgyz aluminum
business ran the sub-headline, ``Will a Jew Run the Aluminum Mine?''
The article also referred to two separate unpopular business deals
associated with Jewish businessmen. The second article quoted the
recently unseated chief of Bishkek's traffic police criticizing his
replacement for ``being disloyal to the Kyrgyz Republic since he is
Jewish and not ethnic Kyrgyz.'' On April 27, the Kyrgyz-language
newspaper Aykin Sayasat published an editorial entitled ``Will the Jews
Leave Us with Nothing?'' The article used a derogatory term for Jews
(``zhydy'') and accused them of, among other things, planning to
humiliate the Kyrgyz people and turn the country into a swampland. None
of the above-mentioned publications were prosecuted for publishing such
statements.
Approximately 1,500 Jews lived in the country.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities, but in practice such persons faced discrimination in
employment, education, access to health care, and the provision of
other state services. The law mandates access to buildings for persons
with disabilities and requires access to public transportation and
parking, and it authorizes subsidies to make mass media available to
persons with hearing or visual disabilities and free plots of land for
the construction of a home; however, the government generally did not
ensure that these provisions of the law were implemented. In addition
persons with disabilities often had difficulty finding employment
because of negative societal attitudes and high unemployment among the
general population.
The lack of resources made it difficult for persons with
disabilities to receive adequate education. Although children with
disabilities have the right to an education, Gulbara Nurdavletova of
the Association of Parents of Children with Disabilities stated that
most were denied entry into schools. Parents sometimes established
special educational centers for their children, but they did not
receive government assistance.
Serious problems continued within psychiatric hospitals. The
government did not provide basic needs such as food, water, clothing,
heating, and health care, and facilities were often overcrowded.
Inadequate funding played a critical factor. In 2008 a parliamentary
commission reported violations of patients' rights in a number of
mental hospitals, mainly due to lack of funding.
Authorities usually placed children with mental disabilities in
psychiatric hospitals rather than integrating them with other children.
Other patients were also committed involuntarily, including children
without mental disabilities who were too old to remain in orphanages.
The Youth Human Rights Group monitored the protection of children's
rights in institutions for children with mental and physical
disabilities. The group noted gross violations by staff at several
institutions, including depriving young patients of sufficient
nourishment and physically abusing them.
The Office of the Prosecutor General is responsible for protecting
the rights of psychiatric patients and persons with disabilities.
According to local NGO lawyers, the members of the Prosecutor's Office
had no training and little knowledge of the protection of these rights
and were ineffective in assisting citizens with disabilities. Most
judges lacked the experience and training to determine whether persons
should be referred to psychiatric hospitals, and the practice continued
of institutionalizing individuals against their will.
The country does not have centralized statistics about those with
disabilities, but authorities estimated the number between 20,000 and
30,000.
Dastan Bekeshev, a blind member of parliament, stated that local
society discriminated heavily against persons with disabilities. He
contended that the 2008 law requiring all employers to provide special
quotas (approximately 5 percent of working positions) for people with
disabilities had not been implemented.
National/Racial/Ethnic Minorities.The interethnic situation between
ethnic Kyrgyz and ethnic Uzbeks in the south remained tense,
characterized by arbitrary arrests, detention, torture, and extortion
of ethnic Uzbeks by members of security services. Since June 2010
little progress was made in terms of reconciliation. Ethnic Uzbek
citizens in Osh and Jalalabad reported discrimination in finding jobs,
particularly with the government. There were multiple reports of
seizure of ethnic Uzbek businesses and property.
In September Osh Mayor Melis Myrzakmatov proposed changing the
teaching language at the city's Uzbek language schools to Kyrgyz.
Although he claimed the purpose was to benefit students by increasing
their ability to find jobs in the country and study at higher learning
institutions, many criticized the proposals as ethnic discrimination.
At year's end the proposal had not been enacted.
International observers criticized the government for failing to
implement a national ethnic plan, a key recommendation of the KIC
report, and other recommendations for national reconciliation. Two such
plans were proposed during the year. The Office of the President
introduced its ``Draft Concept for Ethnic Policy and Consolidation of
Society in Kyrgyzstan'' in late March. The political party Ata-Jurt
introduced its ``State Ethnic Policy in the Kyrgyz Republic'' on April
27. Observers criticized the Ata-Jurt draft. They contended that it
directly contradicted the constitution and laws and that it violated
internationally accepted human rights principles because it promoted
the notion of Kyrgyz ethnicity as the central element of nationhood.
They further alleged that the plan's purpose was to promote the
nationalist Ata-Jurt party prior to the impending presidential
elections. Neither plan had been implemented by the end of the year,
but the Ata Jurt plan had passed one of the required three readings in
parliament, which established a working group to develop it further.
Minorities alleged discrimination in hiring, promotion, and
housing, but no official reports were registered with local
authorities.
The law designates Kyrgyz as the state language and Russian as an
official language, and it provides for the preservation and equal and
free development of minority languages. Non-Kyrgyz-speaking citizens
alleged that a ceiling precluded promotion beyond a certain level in
government service. They also alleged that unfair language examinations
disqualified some candidates for office. A government initiative to
increase official use of Kyrgyz further raised concerns among non-
Kyrgyz ethnic groups about possible discrimination.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--According to HRW and a local
NGO, lesbian, gay, bisexual, and transgender (LGBT) individuals faced
severe oppression, and the government failed to protect their rights.
LGBT persons whose sexual orientation was publicly known risked
physical and verbal abuse, possible loss of work, and unwanted
attention from police and authorities. Inmates and officials often
openly victimized incarcerated gay men. Doctors sometimes refused to
treat LGBT individuals. Forced marriages to men for lesbians and
bisexual women also occurred. Labrys Public Foundation noted the
practice of lesbians and/or their partners being raped by their own
family members as a punitive measure or as a so-called method of
``curing'' their homosexuality. The practice was underreported, and its
extent was therefore difficult to estimate. Closeted gay individuals
were subject to police extortion and harassment. Labrys asserted that
the police did not seriously investigate crimes against LGBT
individuals.
Labrys reported that on October 6, a transgender female sex worker
and her gay male friend were allegedly lured to a construction site by
a security guard who had offered to pay for sex. When they arrived, the
guard insulted, beat, and stabbed them. He offered to spare their lives
if they told police that they had tried to rob the site. While the
police did not believe the robbery story, they verbally insulted the
transgender woman at the police station before she was taken to the
hospital. The police opened an attempted murder investigation against
the security guard, but the case remained pending at year's end.
In April a gay man who had invited someone he met via a gay dating
Web site to his home reported that police showed up at his door within
minutes of the other man's arrival. The police knew that they were
raiding a same-sex romantic meeting, and the invited man fled. The
police demanded money, and when the man did not pay, they beat him and
threatened to kill him if he reported them. He did not report the
incident to the police and stated that the police monitor gay Web sites
to identify extortion targets.
A single NGO supported advocacy campaigns, conducted training,
organized festivals, and operated a community center and shelter in
support of LGBT persons. In January the Ministry of Justice initially
refused to register the organization ``Pathfinder: the Alliance of
Social Services of Gays and Lesbians.'' However, the ministry later
allowed the organization to register when it changed its name to simply
``Pathfinder.''
Other Societal Violence or Discrimination.--In October 2009, during
an interparliamentary conference in Bishkek, local human rights
organizations and government officials formally recognized that persons
with HIV/AIDS in the country faced societal discrimination.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law permits citizens to form and join trade unions and allows
unions to conduct their activities without interference. The law grants
the right to strike, but the conditions required to receive formal
approval made the procedure difficult and complicated. The law does not
prohibit retaliation against strikers. The law on government service
prohibits government employees from striking, but the prohibition does
not apply to teachers, medical professionals, or members of the armed
forces. The law recognizes the right of unions to organize and bargain
collectively.
According to labor experts, many unions still operated as quasi-
official institutions and took state interests into account, rather
than representing exclusively the interests of workers. The Federation
of Trade Unions (FTU), with an unconfirmed membership of 200,000
workers, or 9 percent of the workforce, remained the only umbrella
trade union in the country. Unions were not required to belong to the
FTU, and there were several smaller unaffiliated unions. One of the
largest of these was the Union of Entrepreneurs and Small Business
Workers, with a claimed membership of approximately 60,000.
In practice trade unions exercised the right to organize and
collectively bargain on behalf of their members. Workers exercised
their rights to join and form unions. Union leaders generally
cooperated with the government, and international observers judged that
unions represented the interests of their members poorly.
Some unions alleged unfair dismissals of union leaders and
formation of yellow unions.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor; however, there were reports
that such practices occurred, especially involving foreign laborers in
agriculture. The government did not fully implement legal prohibitions.
Unlike in previous years, there were no reports by the NGO Mental
Health and Society during the year that psychiatric hospital patients
were forced to work or provide domestic service for doctors and local
farmers.
The Ministry of Labor, with IOM support, operated a hotline to
provide information to potential migrants and to help victims of labor
trafficking. According to the ministry, 8,322 persons used the hotline
during the year. In September the ministry and IOM launched a campaign
to raise awareness of the hotline and other information resources for
potential labor migrants.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for the protection of children from economic exploitation
and from work that poses a danger to their health or development;
however, child labor remained a widespread problem. The minimum legal
age for basic employment is 16, except for work considered by the
government to be ``light,'' such as selling newspapers. In addition,
children as young as 14 may work with the permission of a parent or
guardian. The law prohibits the employment of persons under 18 at
night, underground, or in difficult or dangerous conditions, including
the metal, oil, and gas industries; mining and prospecting; the food
industry; entertainment; and machine building. Children who are 14 or
15 may work up to five hours a day; children who are 16 to 18 may work
up to seven hours a day. These laws also apply to children with
disabilities.
A UNICEF report covering the period of 2003 through 2009 cited NGO
reports of child labor in coal mining in the village of Sulukta and in
sifting uranium tailings in the village of Orlovka.
According to a 2010 speech by the deputy minister of labor,
employment, and migration, 670,000 children between the ages of five
and 17 were working, primarily in agriculture on tobacco, rice, and
cotton plantations, but also in car washes, trading, and other
activities.
Internal trafficking of children for the purposes of commercial
sexual exploitation and forced labor remained a problem. A 2008 study
funded by the International Labor Organization found an increase in the
employment of trafficked children to sell and distribute illicit drugs.
The Prosecutor General's Office and the State Labor Inspectorate
are responsible for enforcing employers' compliance with the labor
code. During the year inspectors conducted spot checks of child labor
law compliance, but these were infrequent and ineffective. The Ministry
of Internal Affairs conducted raids and recorded 830 cases of illegal
child labor. Since many children worked for their families or were
self-employed, it was difficult for the government to determine whether
work complied with the labor code. During the year the Prosecutor
General's Office conducted 81 checks and issued prosecutor warnings on
63 incidents. Although employers found violating the labor code could
be charged with financial or criminal penalties, punishment was usually
minimal. The Prosecutor General's Office initiated one administrative
case and issued disciplinary and administrative reprimands to 17
individuals.
The government supported several social programs to prevent the
engagement of children in exploitative child labor.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/tda.htm.
d. Acceptable Conditions of Work.--The 2011 official national
minimum monthly wage was KGS 600 ($13). Minimum wage serves as an
indicator for different types of official government fines, rather than
an actual minimum wage requirement for employers. Employers generally
paid somewhat higher wages. The law on minimum wage states that it
should be raised gradually to meet the cost of living. The government
does not set an official poverty level, but it estimated the monthly
minimum cost of living for a family of four to be KGS 17,690 ($383),
which is above the country's reported average monthly wage. In August
the National Statistics Committee reported that the average monthly
salary was KGS 8,185 ($177).
The standard workweek is 40 hours, usually within a five-day week.
For state-owned industries, there is a mandated 24-hour rest period in
the workweek. According to the labor code, overtime work cannot exceed
four hours per day or 20 hours per week and must be compensated with
compensatory leave or with premium pay of between 150 and 200 percent
of the hourly wage. These provisions were mainly enforced at large
companies and organizations with strong trade unions. Small and
informal firms had no union representation.
Safety and health conditions in factories were poor. The law
establishes occupational health and safety standards, but the
government generally did not enforce them. The State Labor Inspectorate
is responsible for protecting workers and carrying out inspections for
all types of labor problems, but its activities were limited, and
business compliance was uneven. The FTU and other trade unions are
empowered to enforce all labor laws. Workers in all industries have the
right to remove themselves from dangerous workplaces without
jeopardizing their employment, and workers sometimes exercised this
right in practice.
Unregistered foreign workers in the country could not exercise the
same rights as registered workers because they cannot register
complaints with the authorities and do not pay into and receive
benefits from the social fund.
Government licensing rules place strict requirements on companies
recruiting Kyrgyz citizens to work abroad, and companies must be
licensed by the Ministry of Labor, Employment, and Migration before
they can recruit. The government regularly published a list of licensed
and vetted firms. Recruiters are required to monitor employer
compliance with employment terms and the working conditions of labor
migrants while a work contract is in effect. Recruiters are also
required to provide workers with their employment contract prior to
their departure. The government also took steps to streamline labor
migration by adopting a program on the regulation of migration
processes and collaborating with the governments of Russia, South
Korea, and Kazakhstan to improve the protection of rights of Kyrgyz
labor migrants working abroad. The Ministry of Labor had
representatives in several Russian cities to assist Kyrgyz labor
migrants, who sometimes encountered discrimination, poor working
conditions, or violence.
__________
MALDIVES
executive summary
The Republic of Maldives is a multiparty constitutional democracy.
In 2008 parliament ratified a new constitution that provided for the
first multiparty presidential elections. In relatively free and fair
elections in October 2008, Mohamed Nasheed became the country's first
directly elected president. Security forces reported to civilian
authorities.
The most significant human rights problems include restrictions on
religious rights, abuse and unequal treatment of women, and corruption
of government officials. The constitution requires all citizens to be
Muslim, and the government's Ministry of Islamic Affairs actively
polices and enforces compliance with Islamic practices. There were
reports of religion-related self-censorship in the press and among
civil society contacts. Nongovernmental organizations (NGOs) condemned
the performance of the judiciary and executive branch for their
inadequate treatment of criminal cases, especially rape. Corruption
existed within the judiciary, members of parliament, and among
officials of the executive and state institutions.
Other human rights problems reported included flogging, arbitrary
arrests, harassment of journalists, and discrimination against
expatriate laborers. Migrant laborers were subjected to labor abuses
and were the primary victims of human trafficking. Many laborers
migrated illegally into the country, making them particularly
vulnerable to forced labor and debt bondage.
The government took steps to prosecute and punish some police and
military officials who committed abuses, but several judges allegedly
enjoyed impunity.
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 January 14, Abdulla Basith Zubair died while in police custody.
Zubair was arrested along with another man on charges of drug
possession. The police claimed that Zubair died of an overdose, but
Zubair's friends accused the police of beating him to death, claiming
that one of Zubair's friends witnessed the incident. The Police
Integrity Commission (PIC) investigated the case and concluded that the
police were not responsible for Zubair's death, although the PIC called
for revised safety procedures when holding suspects. According to
Zubair's autopsy report, there were no signs of injury on Zubair's body
and he died of cardiorespiratory arrest.
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, although there were
reports of mistreatment of individuals by security forces, including
beatings by the police, and unconfirmed reports of torture in custody.
On January 22, a 17-year-old boy told the media that he was
arbitrarily arrested and beaten by a squad of policemen in Male.
According to the boy, a policeman approached him earlier that day while
he was on the telephone, and he declined to respond. The police
allegedly beat the boy and claimed the boy attempted to attack a
policeman. The police acknowledged that the boy had submitted a
complaint that he was tortured and were investigating the matter.
During the year the PIC reported the incident of a woman who was
physically and sexually abused inside a police car by four police
officers, taken around the city for an indeterminate period, made to
strip her clothes, and thrown out of the car onto the street. The
police discharged the four officers, but at year's end there were no
criminal charges. The PIC was investigating the case.
In July two men arrested in relation to an abortion case in
Thinadhoo lodged a complaint with the PIC that police tortured them
while in detention. The case was under investigation.
The law permits flogging as a form of punishment. According to 2010
statistics from the Judicial Services Administration, the courts
sentenced 96 individuals to flogging; more than 80 percent of those
convicted were women. Three of these sentences were from the juvenile
court and 52 from atoll courts. Most flogging sentences were given for
birth out of wedlock and fornication, resulting in a disproportionate
number of women flogged. At the end of August, 71 cases of birth out of
wedlock were lodged with the police, of which 61 cases were
investigated and forwarded to the prosecutor general. While pregnancies
incriminate women, men can deny the charges and escape punishment
because of the difficulty of proving fornication or adultery under
sharia (Islamic law). The higher conviction rate for women allegedly
was due to gender insensitive judges and the dismissal of forensic
evidence by the courts. In the absence of an evidence act, judges used
forensic evidence at their discretion.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the government permitted
visits by independent human rights observers. The Department of
Penitentiary and Rehabilitation Services (DPRS) oversees the operation
of three prison facilities and one remand center: Maafushi Prison,
Asseryi Prison, Male Prison, and Male Remand. Male Prison and Male
Remand are located in the capital city, and the other prisons are
located on separate islands within a one-hour boat ride from the
capital city. The DPRS incarcerates only convicted prisoners. After the
ratification of the constitution, pretrial detainees were held
separately from convicted prisoners. Detention facilities were located
on Dhoonidhoo Island and Maafushi Island. Women are held separately
from men in Maafushi Prison and guarded by female prison officers.
Conditions in the women's area of the prison were similar to those in
the men's area, although there were fewer female inmates per cell.
Juveniles awaiting sentencing are held in a juvenile correctional
facility on Feydhoofinolhu Island until their cases are heard. Most
convicted juveniles are held under house arrest because there are no
juvenile pretrial detention centers in the country.
The DPRS prison system has an estimated capacity of 765 prisoners,
and the total prison population was 822. Of this population, 787 were
men and 35 were women. Drug offenders accounted for 66 percent of the
prison population, of which approximately 70 percent were incarcerated
for drug use and 1 percent for drug possession.
The government generally permitted regular prison visits by the
Human Rights Commission of Maldives (HRCM), the International Committee
of the Red Cross (ICRC), and other international assessment teams. The
U.N. Development Program (UNDP) published a prison assessment in
September, for which they interviewed 60 percent of the prison
population. Major complaints included a lack of structured programs,
use of torture and inhumane treatment, discrimination towards foreign
prisoners, politicians providing false hope in return for participation
in riots and protests, a lack of segregation according to crime or
discipline, and the availability of drugs inside prison. The UNDP
report noted that prisons lacked qualified personnel, adequate
educational facilities, vocational guidance, and drug rehabilitation
programs. The report noted the need to pass the penal code, criminal
procedure code, evidence bill, drugs bill, and prison and parole bill
as a matter of urgency, noting that in the absence of these bills, the
existing legislative framework would not support the human rights
guaranteed under the constitution.
In its 2010 annual report, the ICRC stated that it visited
detainees at six detention facilities and shared its findings and
recommendations confidentially with authorities. The ICRC reported that
the organization would phase out prison visits because there were no
longer security-related prisoners.
The National Preventive Mechanism (NPM) established by the HRCM
monitors any death or other allegations related to prisons or prison
authorities. The HRCM maintains a Web site in which reports on
occasional jail visits, other human rights investigations, and annual
reports were available.
During the year the NPM visited nine police custodial centers: Male
Police Custodial, three island police stations, Dhoonidhoo Police
Custodial immigration detention centers in Male and Hulhumale, Male
Prison, and a Correctional Training Center for Children in
Feydhoofinolhu. After a visit to Dhoonidhoo Police Custodial in
February, the NPM observed that conditions had improved from 2010.
Prisoners had access to potable water. Nonetheless, it reported
complaints of harsh disciplinary punishment and humiliating security
checks. It also noted that the sanitary conditions in the cells were
unsatisfactory. The NPM recommended that police conduct human rights
training or refresher courses for officers, allow detainees in solitary
confinement out of the cell for a walk every few days, establish a
mechanism to expedite investigation and trial, and build a separate
unit for juvenile detainees. The NPM also visited a home for people
with special needs, a drug rehabilitation center in Himmafushi, an
education and training center for children, and the orphanage in
Villingili.
The NPM makes a visit plan a year ahead, conducts visits throughout
the year according to this plan, and publishes an annual report of its
findings. During the year, however, the NPM decided not to make full
detention reports available to the public. It now publishes a short
summary of each visit and sends the full detention report to the
president, parliament, and other relevant offices.
In order to reduce overcrowding at Maafushi Prison, the government
built a new wing for 300 persons, and prisoners were transferred to the
facility in late 2010. The DPRS implemented a Second Chance Program as
an alternative sentencing program to decriminalize minor drug offenses
and focus on rehabilitation. The DPRS reported that it had a database.
recordkeeping system, and adequate communication between the prisons
and headquarters and between the DPRS and Maldives Police Service
(MPS).
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions. The constitution also provides compensation for those
detained without legal justification. On August 16, the Civil Court
ordered the police to pay compensation to opposition Member of
Parliament Abdullah Yameen who was, according to Amnesty International,
arbitrarily arrested and detained in June 2010. No charges were filed
against Yameen.
Role of the Police and Security Apparatus.--The Maldives National
Defense Force (MNDF) is responsible for external security and also
handles disaster relief operations and national emergencies. The
director of the MNDF reports to the minister of defense. The president
is commander in chief of the MNDF. The MNDF has a program of human
rights awareness courses for personnel.
The MPS, which is responsible for internal security, public safety,
and law and order, is subordinate to the Ministry of Home Affairs. The
MPS generally functioned effectively to fulfill its responsibilities
and established internal organs and mechanisms with a human rights
focus.
The prosecutor general referred cases to appropriate courts based
on the results of police investigations. The authorities generally kept
the details of a case confidential until they were confident that the
charges were likely to be upheld. Three units--the Special Weapons and
Tactic Team, Industrial and Personal Security Unit, and Riot Police--
all under the Special Operations and Security Department of the MPS,
replaced the Star Force, formerly an elite unit of the MPS.
The PIC, established in 2006 to investigate allegations of police
corruption and impunity, is the primary mechanism available to
investigate security force abuses. According to the PIC, there was a
culture of disrespect for the laws and of police abuse.
By August 22, the PIC received 101 complaints, of which 46 were
concluded and two sent to the Prosecutor General's Office. According to
the PIC, approximately 98 percent of its recommendations made to the
home ministry over the last two years had not been implemented.
Arrest Procedures and Treatment While in Detention.--The law states
an arrest cannot be made unless the arresting officer observed the
offense, had reasonable evidence, or had an arrest warrant issued by a
court. The constitution provides for an arrestee to be informed of the
reason for arrest within 24 hours and provides for the right to retain
a lawyer. The law also requires that an arrestee be informed of the
right to a lawyer at the time of arrest. Prisoners have the right to a
ruling on bail within 36 hours; however, bail procedures were not
implemented consistently. Under the 2008 constitution, a lawyer may be
appointed by the court in serious criminal cases if the accused cannot
afford one. According to the attorney general, police normally informed
the arrestee's family of the arrest within 24 hours, although the law
does not require that police inform the family of the grounds for the
arrest. Authorities generally permitted detainees to have counsel
present during police questioning.
The law provides for investigative detention. Once a person is
detained, the arresting officer must present evidence to a court within
24 hours to justify continued detention. Based on the evidence
presented, the prosecutor general has the authority to determine
whether charges will be made. If law enforcement authorities are unable
to present sufficient evidence within 24 hours, the prisoner is
eligible for release. Judges have the authority to extend detention
upon receiving an arresting officer's petition, citing factors such as
the detainee's previous criminal record, the status of the
investigation, the type of offense in question, and whether the
detainee would pose a threat if released.
The PIC reported receiving complaints of police misusing a gray
area in the constitution on the rights of detainees between capture and
formal arrest. Sources reported that police held suspects under the
investigative detention provision without formal arrest for a few hours
to a few days. Such a procedure allegedly was used to remove groups
from the streets and control gang activities. There is no formal record
of investigative detentions as there would be with an arrest.
The HRCM operated a complaints department to address prisoner
complaints and publish its findings online. By August, 390 complaints
were lodged; 78 complaints were on rights of arrestees and detainees,
and 16 were for degrading treatment or torture while in detention. The
investigation department at the HRCM investigated and forwarded these
cases to the legal and policy department for an opinion, after which
the commission members issued decisions.
On July 26, the president announced a Second Chance Program to
release close to 400 convicts through a mentorship program. People
charged with pedophilia, drug offenses, and gang violence were not
eligible for the program. In August, 47 inmates were released after
completing a series of mentor trainings, life-skills programs, and
religious classes. The inmates had their sentences suspended for three
years under a presidential prerogative, but the mandated police support
and monitoring was inadequate.
e. Denial of Fair Public Trial.--While the law provides for an
independent judiciary, there were numerous allegations of bribery and
abuse of power within the judiciary. Government loyalists and
opposition members alike accused the judiciary of being politically
biased. A number of judges were known to base their rulings on cash
rewards, and there were reports that lawyers occasionally built the
cost of bribes into their fees. Consequently, the public had a general
distrust of the judiciary.
In August 2010 the constitutional transitional period for the
interim Supreme Court ended, and the government made final appointments
to the Supreme Court. The seven-member court is independent from the
executive. It hears appeals from the High Court and considers
constitutional matters brought directly before it. In August 2010 the
Judicial Service Commission (JSC) reappointed--and confirmed for life--
191 of the 200 existing judges. Many of these judges held only a
certificate in sharia, not a law degree. Most magistrate judges could
not interpret common law or sharia because they lacked English or
Arabic language skills. An estimated quarter of the judges who were
confirmed for life had criminal records, and two of the judges had been
previously convicted of sexual assault charges. The media and NGO
community criticized the JSC for the appointment of unqualified judges,
stating the move seriously compromised the integrity and effectiveness
of the justice system.
Trial Procedures.--The law provides that an accused person is
presumed innocent until proven guilty. There were no jury trials. Most
trials were public and were conducted by judges and magistrates, some
of whom were trained in Islamic, civil, or criminal law. Regulations
rather than laws govern trial procedures. Judges question the concerned
parties and attempt to establish the facts of a case. Accused persons
have the right to defend themselves. During a trial the accused may
call witnesses and has the right to be represented by a lawyer. The
judiciary generally enforced these rights.
Both defendants and their attorneys have full access to all
evidence relating to their case, have opportunities to cross-examine
any witnesses presented by state, and can present their own witnesses
and evidence.
Civil law is subordinate to sharia, which is applied in situations
not covered by civil law, as well as in family matters such as divorce
and adultery. Courts adjudicating matrimonial and criminal cases
generally do not allow legal counsel in court because, according to
local interpretation of sharia, all answers and submissions should come
directly from the parties involved. The High Court, however, allows
legal counsel in all cases, including those in which the right to
counsel was denied in a lower court. Those convicted have the right to
appeal. The testimony of women is equal to that of men for finance and
contract matters.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees. Local NGOs confirmed that no one had
been arrested solely for his or her political beliefs. As for previous
political prisoners, NGO observers claimed that they had been released
after the charges against them were withdrawn or found to be without
merit.
Civil Judicial Procedures and Remedies.--A civil court addressed
noncriminal cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits security officials from opening or
reading wireless messages, letters, telegrams, or monitoring telephone
conversations, ``except as expressly provided by law.'' In practice the
government generally respected privacy rights. Security forces may open
the mail of private citizens and monitor telephone conversations if
authorized to do so by a court during a criminal investigation. There
were reports of illegal recording of phone conversations allegedly by
the MNDF.
The constitution provides that residential premises and dwellings
should be inviolable and can be entered without consent of the resident
only under exigent circumstances or under the authorization of a court.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press,
except on religious matters, and the government generally respected
these rights in practice. An independent press, the judiciary, and a
new democratic political system combined to ensure freedom of speech
and press except for any discussion of religious issues. The law limits
a citizen's right to freedom of expression in order to protect the
``basic tenets of Islam'' and prohibits inciting citizens against the
government.
Freedom of the Press.--Criticism of the government and debates on
difficult societal issues were commonplace if they did not raise any
question of Islamic values. There were a few incidents of journalists
who were covering political events being threatened or attacked by both
government and opposition supporters. On May 1, police detained two
journalists from Haveeru Daily newspaper and a Sun journalist who were
covering a protest against rising commodity prices in the country. The
journalists were released within 24 hours, but they claimed that police
used force and pepper spray even though they were wearing their press
tags.
There were reports throughout the year of police questioning
journalists about the source and authenticity of newspaper articles and
broadcasts. According to the Maldives Journalists' Association (MJA), a
number of journalists from Haveeru, SunFM, and DhiFM repeatedly were
summoned by the police for questioning. In February two journalists
from Haveeru Daily were summoned for questioning after they published a
newspaper article about a pornographic video racket that involved well-
known public figures.
On July 7, the MJA released a press statement calling on police to
stop summoning journalists for questioning about their sources of
information. Article 28 of the constitution stipulates that no person
shall be compelled to disclose the source of information that is
espoused, disseminated, or published by that person. The MJA noted that
if a journalist violated the code of conduct, the Maldives Medial
Council and the Maldives Broadcasting Commission were responsible, as
per the constitution, for investigating the matter and holding the
journalist accountable.
On August 25, the Criminal Court barred journalists from a hearing
in the corruption case on the deputy speaker of parliament. The
Criminal Court media officer told reporters that the judge decided to
hold a closed hearing on the grounds that the media were contributing
to the public's negative perception of the courts.
Censorship or Content Restrictions.--NGO sources stated that in
general the media practiced self-censorship on issues related to Islam
due to fears of being labeled ``anti-Islamic'' and subsequently
harassed.
There were no legal prohibitions on the import of foreign
publications except for those containing pornography or material
otherwise deemed objectionable to Islamic values, such as Bibles and
idols for worship.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
The Ministry of Islamic Affairs continued to block Web sites
considered anti-Islamic or pornographic. In November the
Telecommunications Authority blocked and banned a Maldivian-based blog,
Hilath.com, at the request of the Islamic Ministry because of its anti-
Islamic content. The blog was known for promoting religious tolerance,
as well as discussing the blogger's homosexuality.
Academic Freedom and Cultural Events.--The law prohibits public
statements contrary to government policy or the government's
interpretation of Islam. In response to the law, there were credible
reports that academics practiced self-censorship. The government
censored course content and curriculum. Islam is the only religion
taught in the schools.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for ``freedom of peaceful assembly
without prior permission of the State,'' and the government generally
respected this in practice.
There were allegations by reporters that the MNDF and police at
times used force to disperse protesters.
During a series of protests in May, reporters and opposition
members claimed that police used force to disperse the crowd. Protests
turned violent several nights with protesters vandalizing shops,
damaging police stations, and throwing petrol bombs. Several protesters
and police officers were injured. According to the police, gang leaders
were actively involved in the protests. The HRCM issued a press release
advising people not to misuse the right to protest and or obstruct the
media. The commission also called on the police not to use methods that
may harm protesters and civilians when dispersing crowds. The MNDF
presence was minimal throughout the protest period.
Freedom of Association.--The constitution provides for freedom of
association, but the government imposed some limits on this freedom in
practice. The government registered clubs and other private
associations only if they did not contravene Islamic or civil law.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. Employers often housed foreign workers at their worksites.
The law allows for banishment to a remote atoll as a punishment,
but the provision was seldom practiced. In August, however, the
Criminal Court found independent Member of Parliament Ismail Abdul
Hameed guilty of corruption and sentenced him to 18 months' banishment.
Internally Displaced Persons (IDPs).--During his July visit, the
U.N. special rapporteur on the human rights of internally displaced
persons found that 1,600 IDPs remained from the 2004 tsunami and
continued to live in very difficult conditions in temporary shelters.
The special rapporteur stressed that legislation and policy should
address internal displacement, including that resulting from climate
change, coastal erosion, salination, rising sea levels, and more
frequent storms and flooding.
Protection of Refugees.--Access to Asylum.--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.
Nonrefoulement.--The government states it would 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. There is no set policy or law for handling refugee
matters.
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.--Recent Elections.--In
relatively free and fair elections in October 2008, Mohamed Nasheed, a
former political prisoner, became the country's first directly elected
president. In May 2009 the country held its first multiparty
parliamentary elections. Although there were sporadic confrontations
and reports of electoral irregularities, including allegations of
bribery and intimidation, election observer groups, such as
Transparency Maldives and the Commonwealth, reported the elections to
be generally free and fair. There were no credible reports of
malfeasance in the February local elections.
Participation of Women and Minorities.--There were five women in
the 77-member parliament. While 213 women competed in the local council
elections, only 57 of the 1,086 councilors elected were women. There
were three women in the 10-person cabinet. Parliament approved a woman
as commissioner of the Human Rights Commission, but the female nominee
for vice commissioner was not approved by parliament because
parliamentarians expressed concern about having two women leading the
commission. A report published during the year by the HRCM concluded
that the representation of women in public life was minimal because of
lack of family support, limited experience in the political arena,
inadequate access to funding, and advocacy by radicals against women's
participation in political and public life.
Section 4. Official Corruption and Government Transparency
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively, and
officials regularly engaged in corrupt practices with impunity. An
independent Anti-Corruption Commission (ACC) was responsible for
investigating corruption charges involving senior government officials.
According to the ACC, a limited definition of corruption in the 2000
Corruption Act and the lack of a provision to investigate and prosecute
illicit enrichment limited the commission's work. The ACC reported that
although the government did not attempt to influence the commission's
work, it released statements that conflicted with the ACC's rulings on
certain cases and failed to move any corruption cases identified by the
ACC to court. Out of more than 1,600 corruption cases reported to the
ACC since 2009, the commission had been able to investigate only 223
cases due to a lack of capacity. The ACC forwarded 16 cases to the
Prosecutor General's Office, but none of these cases were filed in
court at year's end. An April Transparency International public survey
of 1,001 Maldivians found 90 percent of those surveyed believed that
``corruption has increased'' or remained level over the last three
years, and more than half of the respondents categorized parliament and
political parties as ``extremely corrupt.''
NGOs noted that companies belonging to ruling party members or
parliamentarians won a disproportionate number of bids, despite clear
evidence that some of these companies lacked the means to complete the
projects. There were allegations that deaths caused by a dengue
outbreak during the year could have been prevented if the government
had appointed health-care professionals, instead of activists from the
ruling party with no medical background, to manage health-care
facilities. Judges were notorious for taking bribes. Parliamentary
members were accused of illicit enrichment, with opposition members
changing parties and subsequently acquiring lucrative business
contracts, new cars, and houses. Vote buying in parliament reportedly
hindered substantive discourse on key legal and public welfare
legislation.
Local anticorruption NGO Transparency Maldives reported corruption
across the judiciary, parliament, and members of the executive. Several
high-profile parliamentarians, including the deputy speaker of
parliament, had corruption cases pending in court. During the year one
member of parliament was convicted of corruption and sentenced to 18
months' banishment. The ACC was also investigating cases of bribery and
corruption involving other parliamentarians.
No laws provide 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
often were cooperative and responsive to their views.
Government Human Rights Bodies.--The HRCM was fully functional,
with Mariyam Azra as its commissioner. The HRCM reported that although
there was no state interference in its work, the level of cooperation
from parliament and government offices was low. Parliament was slow to
pass pending pieces of key human rights legislation. The judiciary had
a low level of understanding and acceptance of human rights and hence
made it difficult for the commission to obtain important information
from the courts. The HRCM also noted the public's low level of
understanding of its mandate. For example, some people interpreted the
HRCM's mandate to defend human rights to mean resolving disputes
between neighbors.
In 2009 the HRCM established an NGO Network to support and assist
human rights NGOs and to secure the cooperation of NGOs. At year's end
there were 48 NGOs in this network.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides for the equality of all citizens, but there is no
specific provision to prohibit discrimination based on race, gender,
religion, disability, or social status. Women traditionally were
disadvantaged, particularly in the application of sharia in matters
such as divorce, education, inheritance, and testimony in legal
proceedings.
In an August 12 report, the U.N. Committee on the Elimination of
Racial Discrimination stated that it was concerned ``about the
requirement that all citizens be Muslim, which restricted access to
citizenship and public office.and fundamental rights and freedoms.''
Women.--In 2008 the government changed the Ministry of Gender and
Family to the Ministry of Health and Family to pursue a policy of
gender mainstreaming to provide for gender equality. The empowerment of
women was presented as a key aspect of all government policy
initiatives, activities, and planning.
Rape and Domestic Violence.--Rape is not classified as a separate
offense in the penal code and cannot be prosecuted under any act. Other
provisions of the law are used to criminalize rape. The Prosecutor
General's Office uses sexual assault or forced sexual misconduct
charges depending on the gravity of the offence. A man can be convicted
of rape in the absence of a confession only if there are two male
witnesses or four female witnesses willing to testify.
Media reports of violence against women and rape were common. Most
rape cases reported in the media during the year were gang rapes and
involved minors, expatriate workers, or drug users. In one case three
men raped an expatriate nurse who was working on an outer island.
Another case involved a 19-year-old male who sexually assaulted a 74-
year-old woman in Addu Atoll. During the year the police received
reports of 13 cases of rape and sent five cases for prosecution. The
NGOs believed that most cases remained unreported due to fear of
reprisals, losing custody of children, lack of economic independence,
insensitivity of police when dealing with victims, absence of
regulation in media concerning victim privacy, dealing with the stigma
attached to being a victim, and low conviction rates. According to the
HRCM, the delay in passing evidence and witness protection bills and
the failure to enforce laws contributed to low conviction rates in rape
and sexual assault cases.
Under the law spousal rape is not a crime.
Sexual Harassment.--A 2006 Ministry of Gender and Family study on
women's health and life experiences noted that one in three women
between the ages of 15 and 49 reported some form of physical or sexual
violence at least once in their lives. One in five women between the
ages of 15 and 49 reported physical or sexual violence by a partner,
and one in nine reported experiencing severe violence. One in six women
in Male and one in eight countrywide reported experiencing childhood
sexual abuse under the age of 15. Of those women between the ages of 15
and 49 who had ever been pregnant, 6 percent reported having been
physically or sexually abused during pregnancy. Many respondents
perceived women to be subordinate to men, and the majority of women
indicated that women's subordinate position within marital
relationships was the norm and desirable. Seventy percent of women
surveyed believed that under certain circumstances, a man was justified
in beating his wife and the most commonly accepted justifications for
this were infidelity and disobeying a partner.
There are Family and Children's Centers (FCSC) on every atoll in
the country. They are intended to help streamline the process of
reporting abuse against women and children. The centers had a shortage
of trained staff and faced legal challenges, such as collecting
evidence about abuse cases.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of
children, and to have the information and means to do so free from
discrimination, coercion, and violence. Access to information on
contraception and skilled attendance at delivery and in postpartum care
was widely available. According to the 2009 demographic and health
survey conducted by the Ministry of Health and Family, 99 percent of
women received prenatal care from a skilled provider. According to the
survey, 95 percent of births in the five years preceding the survey
were assisted by a skilled health worker. Only 6 percent of women did
not receive any postnatal care. Women who live in Male had the highest
rate of care (96 percent) from a gynecologist, doctor, nurse, or
midwife, versus 90 percent in rural areas. Women and men were given
equal access to diagnostic services and treatment for sexually
transmitted infections.
Discrimination.--Although women traditionally play a subordinate
role in society, they participated in public life. Women constituted
approximately 40 percent of government employees. The literacy rate for
women was approximately 98 percent.
Under Islamic practice husbands may divorce their wives more easily
than vice versa, absent mutual agreement to divorce. Sharia also
governs estate inheritance, granting male heirs twice the share of
female heirs. According to the Prosecutor General's Office, unless the
men in the family demand a larger share, property is divided equally
among siblings.
The World Economic Forum's 2010 Global Gender Gap Report indicated
that women who worked for wages received approximately 65 percent of
what men in the same positions received. According to an HRCM report
published in 2009, despite provisions in the constitution and the 2008
Employment Act, there were no policies in place that provided equal
opportunities for women's employment. The absence of childcare
facilities made it difficult for women to remain employed after they
had children; it was socially unacceptable for women to stay on resort
islands for extended periods, which discouraged women from working at
tourist resorts. The HRCM also received reports that some employers
discouraged women from marriage or pregnancy, as it could result in
termination or demotion. A 2011 HRCM report noted that the state had
fallen short of providing adequate measures to overturn women's
subordinate role by failing to establish childcare centers and child-
friendly working environments and failing to implement affirmative
action.
Children.--Birth Registration.--Citizenship is derived through
one's parents. A child born of a citizen father or mother, regardless
of the child's place of birth, can derive citizenship.
Education.--Education is not compulsory, but there was universal
access to free primary education. In many instances parents curtailed
education for girls after the seventh grade by not allowing them to
leave their home island to attend secondary school on another island.
However, in 2010 the Ministry of Education established a secondary
school on every inhabited island except for five islands that have
fewer than 70 students. For these students there is a daily ferry
service to a secondary school in a nearby island and a ``schooling away
from home'' allowance for those in need. These new schools improved
girls' access to schooling beyond primary education.
Child Abuse.--The law sought to protect children from physical and
psychological abuse, including at the hands of teachers or parents. The
Ministry of Health and Family has the authority to enforce the law and
receives strong popular support. The ministry reported child abuse,
including sexual abuse. The Child Sex Abuse Act codifies child sex
offenses and stipulates sentences of up to 25 years in prison for those
convicted. However, under Article 14 of the act, if a person is legally
married to a minor under sharia, none of the offenses specified in the
legislation would be considered a crime. There were reports that
although the courts had the power to detain perpetrators, most were
released pending sentencing and were allowed to return to the
communities of their victims.
In 2009 the FCSC stated that the biggest challenge it faced in
efforts to protect children's rights was the release of pedophiles into
the communities of their victims. By the end of the year, the police
received 344 cases of child abuse, of which 79 percent were sexual
abuse cases. In addition the Department of Gender and Family Protection
Services (DGFPS) received 1,138 cases of child abuse from Male and the
atolls. A quarter of the cases were for sexual abuse, 17 percent of the
cases were of parental neglect, and 10 percent of the cases related to
physical abuse. The DGFPS also received one case of prostitution of a
child under 16. According to the DGFPS, it did not have the resources
to remove children from abusive environments, and there was minimal
support from the island community when trying to place abused children
in safer environments. There are no laws or regulations dealing with
cases of neglect.
The DGFPS stated that reports of sexual abuse were increasing, and
underage marriage and pregnancy were major concerns. During the year
four cases of underage pregnancy were reported to the DGFPS. The
increase in the cases of sexual abuse reported appeared to be due to
increased public awareness. However, the DGFPS noted that people
hesitated to report abuse if it was happening within the family.
Child Marriage.--The law allows girls and boys under the legal age
of 18 to marry if they have reached puberty and have parental consent,
and if the court finds no substantial reason to object to the union. In
2010 almost 50 underage marriages were registered at the court. The
marriage registrar reported that most underage girls applying to marry
are between the ages of 15 and 17 and do so to escape poor living
conditions.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For information see the Department of State's report on
compliance at http://travel.state.gov/abduction/resources/
congressreport/congressreport--4308.html as well as country-specific
information at http://travel.state.gov/abduction/country/country--
3781.html
Anti-Semitism.--There were no known Jewish citizens or residents.
In December the Ministry of Islamic Affairs requested that parliament
endorse a resolution forbidding the government to allow the Israeli
flag carrier El Al to begin operations to Maldives, citing concerns the
flights posed a threat to national security and noting that fostering
relations with Jews was discouraged in Islam. Anti-Semitic statements
occasionally were found in political pamphlets.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution provides for the
rights and freedom from discrimination of persons with disabilities,
and a Special Needs Act was put in place in July 2010. The purpose of
the act is to protect the rights of persons with disabilities and to
provide financial assistance. Additionally, the president created the
Council to Protect the Rights of People with Disabilities. As mandated
in the act, anyone with disabilities is entitled to Rf 2,000 ($156)
every month. The Ministry of Health and Family maintains a list of
persons with disabilities. By December the ministry had received 5,336
applications, of which 3,865 were deemed eligible, and 3,566 were
receiving the allowance.
Government programs provided services for persons with
disabilities, including special educational programs for persons with
sensory disabilities. Inadequate facilities made it difficult for
persons with disabilities to participate in the workforce.
There were multiple NGOs working to increase awareness and improve
support for persons with disabilities, including Hand in Hand, the
Association of Disability and Development, Handicap International, and
the Care Society.
In April 2010 the HRCM, in conjunction with the UNDP, released a
report on the rights of persons with disabilities. The report found
that most schools took children only with very limited to moderate
disabilities and not those with more severe disabilities. There was
virtually no access to or transition to secondary-level education for
children with disabilities. Additionally there was no mental health
care available in Male; there were only two psychiatrists working in
the country, who dealt mostly with drug rehabilitation. There also was
a lack of quality residential care. There were more than 31 persons
with disabilities waiting for a place at the Home for People with
Special Needs as of March.
The government established disability awareness and empowerment
campaigns on some of the more populous islands. The government
integrated students with physical disabilities into mainstream
educational programs. Families usually cared for persons with
disabilities. When family care was unavailable, persons with
disabilities lived in the Ministry of Health and Family's Institute for
Needy People, which also assisted elderly persons. When requested the
government provided free medication for all persons with mental
disabilities on the islands, but follow-up care was infrequent. The
government also provided assistive devices, such as wheelchairs,
crutches, spectacles, hearing aids, and special seats for children with
cerebral palsy.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits homosexual
conduct, and it was considered socially unacceptable. The punishment
for men includes banishment for nine months to one year or 10 to 30
lashes. For women the punishment is house arrest for nine months to one
year. There were no organizations concerned with lesbian, gay,
bisexual, or transgender (LGBT) issues in the country. There were no
reports of officials complicit in abuses against the LGBT community.
Due to societal intolerance of homosexual conduct, there are few openly
homosexual individuals in the country. Thus there was no information on
official or societal discrimination based on sexual orientation in
employment, housing, access to education, or health care.
Other Societal Violence or Discrimination.--According to a 2009
Demographic and Health survey, most women surveyed were willing to care
for a relative with AIDS at home (86 percent), buy fresh vegetables
from a shopkeeper with AIDS (79 percent), allow a female teacher with
AIDS to continue teaching (61 percent), or allow a male teacher with
AIDS to continue teaching (59 percent). Three of four women said that
they would be open about having an HIV-positive family member. Only 37
percent of women expressed accepting attitudes on all four indicators
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The 2008 constitution recognizes the right to freedom of association
and states that all rights and freedoms in the statute apply to
``everyone'' in the country, including migrant workers. The 2008
Employment Act does not address the formation of trade unions, and the
law does not specify protection against antiunion discrimination. The
police and armed forces are entirely exempt from the Employment Act.
Certain provisions in the act, such as overtime and public holiday pay,
do not apply to emergency workers, air and sea crews, executive staff
of any company, and workers who are on call. In August the government
published a strike regulation under the Employment Act. The regulation
requires employees to negotiate with the employer first, and if this is
unsuccessful, then the employees must file advance notice prior to a
strike. The employees in the following services are prohibited from
striking: hospitals and health centers, electricity companies, water
providers, telecommunications providers, police and the army, prison
guards, and air traffic controllers.
Some workers' organizations were established under the Associations
Act, specifically in the tourism, education, health, and shipping (sea
farers) sectors, although these function more as associations and have
limited roles as labor advocates. The Teachers Association of the
Maldives and the Tourism Employees Association of the Maldives (TEAM)
are the lead associations taking on typical union roles. In practice
only since 2008 did informal collective bargaining involving employee
associations, primarily in the tourism sector, exist.
During the year TEAM helped a number of workers file cases with the
Employment Tribunal. Some cases were adjudicated in favor of the
workers, although the decisions had not been enforced by year's end.
According to a 2011 report by the HRCM, TEAM's involvement in strikes
in the tourism sector resulted in workers being fired and blacklisted
in the sector. TEAM reported that some victims of blacklisting found it
difficult to obtain employment in the tourism industry.
Workers exercised their right to stop work and strike frequently
during the year, particularly in the construction and tourism sectors.
TEAM organized work stoppages to protest against wage discrimination
against locals who were paid low salaries, unfair working conditions,
and long working hours. Police sometimes employed force to suppress
strikes. In March staff at the Conrad Hotel held a strike over service
charges, and the police ended the strike. According to labor sources,
the new strike regulation passed in August makes it nearly impossible
for employees to strike.
The Employment Tribunal was established in 2009 to examine and
adjudicate legal matters arising between employers and employees and
other employment issues. In 2010 parliament passed an Employment
Tribunal Regulation, which details procedures for revising and
adjudicating employment matters under the Employment Tribunal Act. The
Employment Tribunal process is cumbersome and complicated. The cases
are heard in the Dhivehi language, which few expatriate workers
understand. There were reports that when expatriate workers filed
cases, their work visas were cancelled. Most of the 111 claims filed
during the year with the Employment Tribunal dealt with unfair
dismissal. Thirty-one complaints were for wage claims, and the rest
were claims for breach of employment or training contracts,
discrimination, and resigning without notice.
TEAM claimed that resort workers were systematically denied
recognition by employers, employers refused to negotiate collectively,
and employers threatened workers.
b. Prohibition of Forced or Compulsory Labor.--Although the
constitution prohibits forced or compulsory labor, there were reports
that forced labor occurred. Under the law foreign workers arriving in
the country must have a work permit issued by the Immigration
Department. This is obtained through an employer or agent, who must
first request a foreign worker quota stating the number of employees
needed from the Ministry of Human Resources, Youth, and Sports. These
quotas were easy to obtain, and there was little enforcement.
The expatriate worker population was estimated at more than
100,000, which is 25 percent of the population. The Maldives
Immigration Controller estimated there were an additional 44,000
illegal foreign workers, mostly from Bangladesh and other South Asian
countries. These workers were predominantly employed in the
construction and tourism sectors, where some experienced forced labor
and even debt bondage. Most victims of forced labor reportedly were
coerced to work through one or more of the following practices: holding
of passports by employers, fraudulent offers of employment, not being
paid the promised salary, and not being paid at all. The HRCM also
reported that some domestic workers, especially migrant female domestic
workers, were in some cases trapped in forced domestic servitude, in
which employers used threats, intimidation, and in some cases sexual
violence to prevent them from leaving.
The government started a program in 2010 to register illegal
Bangladeshi workers and regularize their employment. As of May, 17,000
such workers were registered. In May Maldives and Bangladesh signed a
memorandum of understanding on placement of Bangladeshi workers in the
country. The Human Resources Ministry and the Maldives Police Service
conducted operations in 2010 to find and deport illegal workers in the
atolls.
The Ministry of Human Resources blacklists companies who violated
the provisions of the Employment Act, precluding violators from
bringing in new workers until violations were rectified. At year's end
there were 337 companies who had not resolved their violations and were
blacklisted. The law allows for a fine of not more than Rf 5,000 ($390)
for forced labor and other violations of the Employment Act. The
government took steps to improve working conditions of migrant workers
by trying to raise awareness on this issue. On December 7, the Human
Rights Commission organized a Human Rights Day fair.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
Employment Act sets age 16 as the minimum age for employment, with an
exception for children who voluntarily participate in family
businesses. The Employment Act also prohibits employment of children in
``any work that may have a detrimental effect on health, education,
safety, or conduct.'' Child labor, however, was a problem in the
fishing sector, small commercial activities, and family enterprises.
There were also reports that adolescent children who were sent from
islands with inadequate education facilities to Male or other areas for
educational purposes sometimes worked as domestics in exchange for food
and lodging. There were reports some of these children did not go to
school and were sexually abused by members of the host families.
According to government officials, this practice was declining as
access to secondary education improved in remote parts of the country.
The Ministry of Health and Family; Ministry of Human Resources,
Youth, and Sports; and Family and Child Protection Unit of Maldives
Police Service received complaints of child labor, conducted inquiries,
and initiated legal action. According to the Labor Relations Authority,
none of the more than 1,000 claim/complaint forms that it received
during the year related to child labor or employment of minors.
Additionally no cases of child labor were found during its regular
labor inspections during the year, nor were any cases of child labor
reported to the DGFPS.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda/htm.
d. Acceptable Conditions of Work.--The 2008 Employment Act
establishes maximum hours of work, overtime, annual and sick leave,
maternity leave, and guidelines for work-place safety. Under the
Employment Act, workers have the right to refuse work that is
dangerous. It was unclear whether workers exercised this right in
practice. The Employment Act mandates the implementation of a safe work
place; procurement of secure tools and machinery; ensuring the
continued safety of the equipment, provision of protective equipment to
eliminate health hazards, and training of employees in the use of
protective gear; and the provision of appropriate medical care. All
employers are obliged to provide health insurance for foreign workers.
Regulatory requirements in certain industries, such as construction and
transport, require employers to provide a safe working environment and
ensure the observance of safety measures. According to a 2009 HRCM
report, there were no national standards for safety measures, and as a
result such measures were at the discretion of employers. Some
employers that produce for export adopted health and safety standards.
Employers in other sectors, most notably the tourism and construction
industries, reportedly had not taken similar measures. The Employment
Act grants workers the right to compensation if fired without cause.
The act specifically bans discrimination based on race or color, but it
notes that ``any preference given to Maldivians by an employer in
granting employment shall not be deemed discrimination.''
The Labor Relations Authority (LRA) and Employment Tribunal are
charged with implementing the Employment Law. The LRA had 18 inspectors
and investigators to conduct workplace inspections. It conducted
investigations and provided dispute resolution mechanisms to address
complaints from workers. During the year authorities completed an
estimated 197 inspections. The most common problems were expatriates
doing work other than that allowed in their work permits, illegal
expatriate workers, and unpaid wages. Although the LRA can issue fines,
typically it gave employers between one to three months to correct the
problems. In several cases, after three months the employers continued
to employ illegal expatriate workers, and the LRA had trouble enforcing
its authority.
The Employment Act provides a mechanism to establish a minimum wage
in the private sector. The minimum wage in the government sector was
approximately Rf 3,100 ($242) per month. There is no single, nationally
accepted poverty line in the Maldives, but a 2007 Asia Development Bank
Study defined a ``low'' poverty line of Rf 300 ($23.40) per person per
month and a high poverty line of Rf 450 ($35.10) per person per month.
Because of the tight labor market, private sector employers generally
offered competitive pay and conditions to attract skilled workers. The
government approved a new pension plan covering local employees in
private companies, which require contributions from both the employer
and the employee. In August the Maldives Pension Administration Office
reported that all tourist resorts had joined the pension fund.
The Employment Act provides for a 48-hour per week limit on work
with a compulsory 24-hour break if employees work six days
consecutively. Overtime is possible.
Wages in the private sector were commonly set by contract between
employers and employees and were based on rates for similar work in the
public sector.
The LRA investigated an estimated 1,000 labor-related complaints
from January to June, most from the construction industry. The majority
of complaints were about nonpayment of wages and employers not
providing food and accommodation. A quarter of the complaints related
to work-permit issues, such as employers wanting to cancel work permits
of workers who had run away and employees wanting to change sponsors.
The LRA resolved approximately 53 percent of the cases, and 45 percent
of cases were in progress; 2 percent of cases remained pending because
the LRA was unable to contact the employer or the employee.
Migrant workers were particularly vulnerable to exploitation and,
upon arrival in the country, often found unacceptable work conditions
and were forced to accept work at whatever wage was offered for debt
repayment to the employment agency. The HRCM found many instances of
nonpayment of wages to migrant workers and inadequate housing.
Bangladesh migrant workers were exposed to dangerous working
conditions, especially in the construction industry, and suffered from
the effects of working in hazardous environments without proper
ventilation.
The status of migrant workers employed in the categories of senior
management, professionals, and skilled workers was generally better.
__________
NEPAL
executive summary
Nepal is a federal democratic republic. The political system is
based on the Interim Constitution of Nepal 2063 (2007), with a prime
minister as the chief executive and a 601-member Constituent Assembly,
which is responsible for drafting a new constitution. The Constituent
Assembly extended the deadline for the completion of a new constitution
several times, most recently to May 27, 2012. Baburam Bhattarai of the
Unified Communist Party of Nepal-Maoist was elected prime minister by
parliament on August 28; he is the fourth prime minister since the 2008
Constituent Assembly election. Domestic and international observers
generally characterized the 2008 election results as credible, although
there were reports of political violence, intimidation, and voting
irregularities. Security forces reported to civilian authorities, but
there were frequent instances in which elements of the security forces
acted independently of civilian control.
The most significant human rights problems were abuses committed by
the security forces (including members of the Nepal Army, Nepal Police,
and Armed Police Force), which were responsible for extrajudicial
killings, torture, and arbitrary arrest and detention; the government's
failure to effectively enforce the law, which undermined the freedoms
of speech and press; and continuing violence and lawbreaking by illegal
armed groups.
Other human rights problems included extremely poor prison
conditions, with conditions at detention centers even worse. Officials
sometimes used antiterrorism legislation to justify excessive use of
force. Corruption existed at all levels of government and the police,
and the courts remained vulnerable to political pressure, bribery, and
intimidation. The government sometimes restricted freedom of assembly.
The government limited freedoms for refugees, particularly for the
Tibetan community. Discrimination against women was a problem, and
citizenship laws that discriminate based on gender contributed to
statelessness. Domestic violence against women remained a serious
problem, and dowry-related deaths occurred. Violence against children
was widespread, although rarely prosecuted, and commercial sexual
exploitation of children remained a serious problem. Discrimination
against persons with disabilities, some ethnic groups, and persons with
HIV/AIDS was a problem. Violence associated with caste-based
discrimination occurred. There were some restrictions on worker rights,
and forced and bonded labor and child labor remained significant
problems.
Impunity for human rights violators continued to be a serious
problem. The government took limited steps to prosecute or punish
officials who committed abuses, whether in the security forces or
elsewhere in the government. Investigations into individual abuses and
legal punishment for perpetrators sometimes occurred, but for many
abuses, including serious abuses that occurred during the armed
insurgency, a lack of accountability created an atmosphere of impunity.
Authorities failed to implement court-ordered arrests of military
personnel, Maoists, and other politically connected individuals accused
or convicted of human rights violations.
Numerous armed groups, largely in the Tarai region, attacked
civilians, government officials, members of particular ethnic groups,
each other, and Maoist militias. Some members of the Maoist-affiliated
Young Communist League (YCL) were responsible for extortion and
intimidation, although the number of incidents declined during the
year. Members of other small, ethnically based armed groups were
responsible for killings, abductions, extortion, and intimidation.
Armed groups were responsible for numerous disappearances (mainly in
the Tarai region). Armed groups, criminals, and political parties used
threats of violence to intimidate journalists throughout the country.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the government or its agents committed arbitrary or
unlawful killings. The Informal Sector Service Center (INSEC), a local
human rights organization, reported that police killed at least eight
persons, and soldiers killed one. On January 13, police arrested and
beat Shambhu Paswan of Janakpur District to death at the Bhairahawa
police station, on the border with India. While police officials
claimed that Paswan died while undergoing treatment, the hospital to
which he was sent declared Paswan dead upon arrival. Although the
police administration promised to file a report criminal complaint
against two officers involved in the beating, no action had been taken
against them by year's end.
In March 2010 members of the Nepal Army (NA) killed two Dalit
(``untouchable'' lower-caste) women, Devisara BK and Amrita BK, and a
12-year-old girl, Chandrakala BK, inside Bardiya National Park in
Surkhet District. Although the NA alleged that the three were armed and
involved in poaching and were killed during a firefight, a National
Human Rights Commission (NHRC) investigation concluded that they were
shot in the back from a distance. The NHRC recommended action against
those involved in the incident, including 15 army personnel of the
Jwala Dal Batallion led by Captain Subodh Kunwar. The NHRC also
recommended compensation to the families of 300,000 rupees ($3,525) for
each of those killed and free education for the children of the
deceased women. Following an internal investigation in 2010, the army
claimed that its personnel were performing their duty in good faith,
and the military court took no action against those involved in the
incident. The government provided 25,000 rupees ($295) to the next of
kin to perform last rites for the deceased.
On May 31, the district court of Chitwan sentenced Gobinda Bahadur
Batala, or ``Jibit,'' to three years in jail for the 2008 murder of
businessman Ram Hari Shrestha. Because Batala, a member of the Unified
Communist Party of Nepal-Maoist, had been in judicial custody for three
years, he was released without serving additional time. Batala was
later taken into custody on the charge of kidnapping Shrestha. On June
21, the Supreme Court ordered police to release Batala, stating that he
could not be tried separately on the charge of abduction because he had
already served three years in the Chitwan jail on the charge of being
an accomplice in the murder. At year's end, police were still seeking
another suspect in the Shrestha case, Kali Bahadur Kham, a senior
Maoist leader.
No one had been held responsible in the 2004 killing of 15-year-old
Maina Sunuwar, one of the high-profile cases identified by human rights
groups. The Kavre District Court reported that the NA had partially
cooperated with the court's order to hand over documents related to the
case, although the NA did not suspend or hand over one of the accused,
Major Niranjan Basnet. An internal military investigation found Basnet
innocent. According to statements given during the NA investigation,
Basnet was present during Sunuwar's detention and interrogation, which
included ``water pouring'' and ``electric shock.'' On February 17, Devi
Sunuwar, Maina's mother, sent an open letter addressed to the chief of
army staff urging him to play a pioneering role in ending impunity by
handing over those responsible for the killings, including Major
Basnet. As of year's end, the chief of staff had taken no steps in
response to the letter. The other three persons accused in the case,
all retired from the army, remained at large.
There was continuing violence in the Tarai region. Some armed
groups, many ethnically based, clashed with each other and with the
local population. Police were unable to fully provide law and order,
although the security situation in most parts of the Tarai improved
during the year. Members of the Maoists, Maoist-affiliated groups, and
other ethnically based splinter groups in the Tarai, committed acts of
violence, extortion, and intimidation throughout the year.
According to INSEC, as of midyear armed groups operating in the
Tarai region killed 11 persons and unidentified groups killed 89
others. On February 24, members of an armed group shot and killed
Madhav Thapa, a civil servant working at the Bara District Land
Revenues Office, while he was watching television at home. The Akhil
Tarai Mukti Morcha, led by Jai Krishna Goit, claimed responsibility for
the killing, alleging that Thapa was a corrupt official. Persons close
to Thapa denied those allegations. As of year's end there were no
further updates. INSEC reported two killings by the Maoist party and
its YCL affiliate. According to INSEC, a total of 89 persons were
killed and 59 abducted by unidentified groups in 2011, compared with
117 persons killed and 83 abducted in 2010.
b. Disappearance.--There were no reports that government forces
were responsible for disappearances during the year.
The fate of most of those who disappeared during the 10-year Maoist
insurgency (1996-2006) remained unknown. On August 30, the NHRC
released a public report that stated there were 789 unresolved cases of
disappearances, 619 of which were believed to involve the state. As of
year's end, the government had not prosecuted any government officials
for involvement in disappearances, nor had it released any information
about the whereabouts of the 619 persons the NHRC identified as having
disappeared with state involvement. The August NHRC report stated that
Maoists were believed to be involved in 170 unresolved disappearances
during the conflict. As of year's end, the government had not
prosecuted any Maoists for involvement in disappearances.
In 2010 the International Committee of the Red Cross (ICRC)
published a list of 1,369 names of missing persons on its Web site. At
the end of this year, the list contained 1,383 names. In 2009 the ICRC
and the Nepal Red Cross Society listed 1,348 missing persons; in 2008,
1,227; and in 2007, 812.
The government did not respond to the 2008 Office of the U.N. High
Commissioner for Human Rights (OHCHR) report on the Bardiya District,
where at least 170 persons disappeared between 2001 and 2004, nor did
it respond to a 2006 OHCHR report on 49 persons who disappeared after
being arrested and detained at the Maharajgunj barracks in Kathmandu in
2003 on suspicion of being linked to the Maoists. Human rights
organizations repeatedly called on the government to investigate the
human rights violations at the Maharajgunj barracks, including the
responsibility of those within the chain of command. One of the senior
military officers implicated in the incident, Major General Toran
Bahadur Singh, retired from the army in June.
According to INSEC there were 144 abductions during the year. Most
abductions were for ransom and occurred in the Tarai region, where
armed groups operated with relative impunity.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the Interim Constitution of 2007 requires that
torture be criminalized, the law does not have clear guidelines for
punishing offenders, and no one was prosecuted for torture, including
police who tortured and otherwise abused citizens. The Torture
Compensation Act provides for compensation for victims of torture; the
victim must file a complaint and pursue the case through the courts.
Two cases were filed during the year in addition to 30 cases filed
since 2009. Of these, the court withdrew three cases due to out-of-
court settlements, dismissed six cases due to the victim's failure to
appear before the court within the time permitted, found that there was
not sufficient evidence to prove torture in two cases, and provided
compensation in seven cases. The remaining cases were pending.
During the year Advocacy Forum (AF), a human rights nongovernmental
organization (NGO), reported that, of the 4,187 detainees interviewed
between January and December, 689 reported torture by state actors. The
government generally failed to conduct thorough and independent
investigations of reports of security force brutality and did not take
significant disciplinary action against those involved. Some detainees
were afraid to bring cases against the police due to fear of reprisal.
The number of cases represented a slight increase compared with 2010.
Child Workers in Nepal Concerned Center, a leading local child
rights NGO, recorded 69 cases of children under the age of 18, 66 of
whom were boys, who were detained and suffered some kind of physical or
mental abuse during interrogation. Children reported being hit by
bamboo sticks, kicked or hit with fists, spit on, and having their hair
pulled. Most of the children who were arrested involved cases of
robbery. In 30 percent of cases, the age of the child detained was
incorrectly recorded as 16 years and above, presumably to make them
eligible for detention. Likewise, street children in Kathmandu were
frequently arrested on suspicion of committing a crime when incidents
were reported to police in areas where the children resided. They were
frequently detained overnight, made to clean dirty toilets at the
detention centers, and often mistreated by area residents when accused
of committing a crime.
According to reports, on July 21, Nijamiddin Sekh (alias Bablu) was
arrested by police in Nepalgunj, Banke District, and taken to a police
station for questioning. According to Sekh, he was blindfolded,
handcuffed, and subsequently pushed from a high place, later awakening
in a hospital bed with a broken backbone. A doctor's examination
revealed additional signs of mistreatment, including blue and red marks
on his feet, scratches, and bruises on his lower lip and body. As of
year's end, police had not charged Sekh with a crime, and the police
officers involved in the arrest and torture had not been charged.
AF attributed 42 cases of torture to nonstate actors during the
period between January and June, including 25 cases to Maoists, one to
the Maoist-affiliated YCL, and one to the All Nepal National Free
Students Union. The government failed to conduct thorough
investigations of reports of nonstate actor brutality.
Campaigners against land mines stated that improvised explosive
devices (IEDs) remained scattered and unmarked throughout the country.
According to INSEC, land mines and IEDs laid by Maoists and the NA
during the conflict caused 22 incidents and resulted in the death of 10
persons and injury to 23 during the year. UNICEF reported 16 casualties
from IED explosions as of June 14, when Nepal was formally declared a
minefield-free country. The army placed 12,070 land mines at 53
locations and planted 1,078 IEDs during the conflict.
The Maoists placed no land mines but used thousands of IEDs. The
U.N. Mine Action Team reported that more than 52,000 Maoist IEDs were
destroyed after Maoist combatants were cantoned in 2007.
Prison and Detention Center Conditions.--Prison conditions were
extremely poor and did not meet international standards, while
conditions at detention centers were worse. The government generally
allowed visits by independent human rights observers.
According to the Department of Prison Management, as of July 15,
12,364 prisoners--10,699 men, 829 women, 79 dependent children of
imprisoned parents, and 757 foreign nationals--remained in custody.
Although there generally were separate facilities for men and women, in
some overcrowded prisons, men and women were held in the same prison
but in segregated cells. In October 2011 a reliable news report noted
that the Kavre District jail held 131 inmates, while its capacity was
estimated at 65. According to AF, sanitation provisions were inadequate
and medical care was poor for prisoners with serious conditions.
Prisoners generally had access to well water or filtered water,
although some had access only to unfiltered and dirty water.
Due to a lack of adequate juvenile detention facilities, children
occasionally were incarcerated with adults or were allowed to remain in
jails with their incarcerated parents.
There is only one functional government-run juvenile reform home,
Sano Thimi in Bhaktapur. According to the Department of Jail
Management, pretrial juvenile detainees were sent there and were not
kept with convicted prisoners. Adult pretrial detainees were kept with
convicted prisoners due to inadequate pretrial detention space.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. There were also procedures for
prisoners to submit complaints, although authorities were quicker to
respond to allegations when NGOs or international organizations were
aware of the complaints. There were no prison ombudsmen to handle
prisoner complaints.
The government generally permitted the NHRC, ICRC, and OHCHR to
make unannounced visits to prisons and detainees in army and police
custody, although it was reported that access by international
observers to prison detainees was restricted in the first half of the
year. Although the NHRC is authorized to request government action, the
government often denied NHRC requests. There were no alternatives to
sentencing for nonviolent offenders.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but security forces arbitrarily arrested persons
during the year. Police routinely abused their 48-hour detention
authority by holding persons unlawfully (i.e., without proper access to
counsel, food, and medicine, or in adequate facilities), often at the
behest of the chief district officer (CDO) or assistant CDO. It was not
unusual for CDOs to direct police to arrest individuals for minor,
petty infractions (e.g., unpaid taxes), and many of those orders (which
were frequently verbal) were undocumented and appeared politically
motivated.
Role of the Police and Security Apparatus.--The Nepal Police (NP)
is responsible for enforcing law and order across the country, and the
Armed Police Force (APF) provides back-up support. Police did not
respond to most incidents of violence, particularly events involving
Maoists and armed groups in the Tarai region. There were multiple
incidents in which police detained persons for illegal acts, but
political leaders sometimes pressured the NP to release detainees.
The NP, APF, and NA have human rights cells, although they tend to
limit their activities to training and capacity building rather than
investigating cases. Corruption and impunity remained serious problems.
The NP were generally unarmed and have the role of preventing and
investigating nonterrorist criminal behavior.
At the district level, the NP often operated without significant
guidance from superiors, allowing considerable discretion in the
enforcement of laws. There continued to be many reports of police abuse
and bribery. The NP, APF, and NA have mechanisms for investigating
abuses by security forces; however, the investigations are internal and
not fully transparent. The National Human Rights Commission and
security forces' internal offices provided human rights training and
training to reform the security forces.
Arrest Procedures and Treatment While in Detention.--Arbitrary
Arrest: The law stipulates that, except in cases involving suspected
security and narcotics violations, authorities must obtain a warrant
for arrest and arraign or release a suspect within 24 hours of arrest.
There were instances in which detainees were kept in illegal detention
for several days after their arrest.
If the court upholds a detention, the law authorizes police to hold
the suspect for up to 25 days to complete an investigation, with a
possible extension of seven days, although security personnel
occasionally held prisoners for longer periods. In some cases the
Supreme Court ordered the release of detainees held longer than 24
hours without a court appearance. Some foreigners, including refugees,
reported difficulty obtaining bail. The interim constitution provides
for access to a state-appointed lawyer or one of the detainee's choice,
even if charges have not been filed. Few detainees could afford their
own lawyer.
Detainees have the legal right to receive visits by family members.
In practice family access to prisoners varied from prison to prison.
There is a system of bail, but bonds were too expensive for most
citizens.
Pretrial Detention.--Pretrial detention often exceeded the period
to which persons subsequently were sentenced after a trial and
conviction. Time served is credited to a prisoner's sentence.
Under the Public Security Act, security forces may detain persons
who allegedly threaten domestic security and tranquility, amicable
relations with other countries, or relations between citizens of
different classes or religions. The government may detain persons in
preventive detention for as long as 12 months without charging them
with a crime, as long as the detention complies with the act's
requirements. The court does not have any substantive legal role in
preventive detentions under the act.
Other laws, including the Public Offenses Act, permit detention
without charge for as long as 25 days. This act covers crimes such as
disturbing the peace, vandalism, rioting, and fighting. Human rights
monitors expressed concern that the act vests too much discretionary
power in the CDO. Police frequently arrested citizens under the act and
detained them for short periods without charge.
According to AF, in some cases detainees were brought before
judicial authorities well after the legally mandated 24-hour limit,
allegedly to allow injuries from police mistreatment to heal.
NGOs expressed concern about police use of private houses to hold
detainees after arrest.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but courts remained vulnerable to political
pressure, bribery, and intimidation. Authorities did not consistently
respect court orders. The Supreme Court has the right to review the
constitutionality of legislation passed by the Constituent Assembly.
Appellate and district courts showed independence and impartiality in
many cases, although they remained susceptible to political pressures.
Trial Procedures.--Although the law provides for the right to
counsel, equal protection under the law, protection from double
jeopardy, protection from retroactive application of the law, and
public trials, these rights were not applied equally except in a few
security and customs cases. Defendants enjoy the presumption of
innocence except in some cases, such as human trafficking and drug
trafficking, where the burden of proof is on the defendant. Judges
decide cases; there is no jury system. The law provides detainees the
right to legal representation and a court-appointed lawyer, a
government lawyer, or access to private attorneys. However, the
government provided legal counsel only upon request. Persons who are
unaware of their rights may be deprived of legal representation.
Defense lawyers may cross-examine accusers. By law defense lawyers are
entitled to have access to government-held evidence, but it was very
difficult to obtain. All lower court decisions, including acquittals,
are subject to appeal. The Supreme Court is the court of last resort.
Military courts adjudicate cases concerning military personnel
under the military code, which provides military personnel the same
basic rights as civilians. Military personnel are immune from
prosecution in civilian courts, except in cases of homicide or rape
involving a civilian. The NA asserted that military personnel are
immune from prosecution in civilian courts for conflict-era violations,
an interpretation of law not shared by the human rights community and
inconsistent with Supreme Court decisions. Military courts cannot try
civilians for crimes, even if the crimes involve the military services;
civilian courts handle these cases.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Individuals or
organizations could seek remedies for human rights violations in
national courts. There is no regional court mechanism for human rights
in South Asia. However, individuals can seek justice from international
organizations such as the U.N. Human Rights Council (UNHRC) if all
domestic legal options are exhausted. One such example was the case of
torture survivor Yubraj Giri of Banke district. With legal assistance
from AF, Giri submitted his case to the UNHRC in 2008. In a decision
adopted on April 12, the UNHRC held the government responsible for
breaching treaty obligations under the International Covenant for Civil
and Political Rights. The council requested the government to ensure
thorough and diligent investigation into the torture and mistreatment
suffered by Giri, punish those responsible, and provide the victim and
his family with adequate compensation.
Property Restitution.--The Maoists and their affiliate
organizations returned some previously seized property as the
Comprehensive Peace Agreement requires but kept other illegally seized
lands and properties. Organizations closely affiliated with Maoists
also seized additional properties.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law allows police to conduct searches and seizures
without a warrant if there is probable cause that a crime has been
committed, in which case a search may be conducted as long as two or
more persons of ``good character'' are present. If a police officer has
reasonable cause to believe that a suspect may possess material
evidence, the officer must submit a written request to another office
to conduct a search, and there must be another official present who is
at least at the rank of assistant subinspector.
Security personnel frequently conducted vehicle and body searches
at roadblocks in many areas.
The law prohibits arbitrary interference with privacy, family,
home, and correspondence, and the government generally respected these
prohibitions in practice.
There were no reports of the government forcing civilians to
resettle. Some persons who had resettled to escape Maoist extortion,
recruitment, or retaliation could not return home.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. However, in
some cases the government failed to effectively enforce the law.
Freedom of Speech.--Generally citizens felt they could voice their
opinions freely. However, the government limited freedom of expression
for the Tibetan community. For example, 30 Regional Tibetan Youth Club
members gathered at a community hall in the Boudhanath neighborhood of
Kathmandu for a 24-hour hunger strike on April 18-19 to protest against
the Kirti monastery crackdown in eastern Tibet. Police ordered
individuals, including women, wearing ``free Tibet'' T-shirts to remove
them (including taking off one in public) and put on shirts without
political slogans, but they were permitted to continue the protest and
hunger strike.
Freedom of the Press.--The independent media were active and
expressed a wide variety of views without restriction. However,
impunity for past attacks on members of the press may lead to self-
censorship, according to the Federation for Nepali Journalists (FNJ),
an organization that promotes journalists' rights. Radio remained the
primary source of information for 90 percent of the population.
Violence and Harassment.--There were several instances of police
interfering with the press covering political stories. For example, on
June 19, the Home Ministry instructed security personnel to prevent
journalists from entering Singha Durbar, the central administrative
office of the government in Kathmandu, during a politically sensitive
meeting. After intense pressure from the media, journalists were
allowed to enter Singha Durbar late the following day.
On June 5, Nagarik reporter Khilanath Dhakal was attacked in
Biratnagar after writing a story about Youth Action Nepal (YAN), the
youth wing of the Communist Party of Nepal-Unified Marxist Leninist
political party. YAN leaders allegedly masterminded the attack, which
left Dhakal seriously injured. YAN central leader Mahesh Basnet openly
challenged the police to arrest YAN regional leader Parshu Ram Basnet,
who was widely assumed to have ordered the attack; Mahesh Basnet also
threatened to shut down Nagarik and throw its editor in chief in jail
for writing negative stories about YAN. The incident and Mahesh
Basnet's subsequent statements received extensive media coverage. At
year's end Parshu Ram Basnet was charged but had not been arrested and
remained at large.
Criminal gangs and armed groups affiliated with political parties
deliberately targeted journalists throughout the country. According to
the FNJ, there were 24 threats and 23 attacks targeting journalists,
resulting in one death during the year. Reporters in remote areas
outside Kathmandu, in particular, were susceptible to threats and
violence in response to stories they wrote. Rarely were the persons
accused in these cases brought to trial. According to the FNJ, the
government did not take sufficient measures to preserve the safety and
independence of the media, and individuals who attacked or killed
journalists were rarely prosecuted.
Censorship or Content Restrictions.--The interim constitution
protects media licenses from revocation based on the content of what is
printed or broadcast. Although government-owned stations have legal
cover to operate independently from direct government control, indirect
political influence sometimes led to self-censorship. In July Nepal TV
deleted a question about the Maoists from an interview with a foreign
diplomat conducted by an independent production company. According to
Nepal TV, an employee felt the question would be insulting to the
Maoist leadership. After questions were raised about the incident, the
interview was rebroadcast in its entirety.
The Maoists also influenced media outlets through their powerful
trade unions. In the Tarai and the eastern hills, armed groups coerced
journalists, resulting in self-censorship and fear for personal safety.
Armed groups and political parties burned copies of newspapers they
found objectionable.
Internet Freedom.--There were no reports that the government
monitored e-mail or Internet chat rooms, and individuals and groups
could engage in the expression of views via the Internet, including by
e-mail. In contrast with 2010, there were no reports of government
restrictions on access to the Internet. The Home Ministry's efforts in
2010 to block Internet sites considered obscene were met with mixed
reactions from the public and raised concerns about freedom of
expression among some members of the press and free speech advocates,
as some nonobscene content was reportedly blocked as well. However, the
government reversed its decision and did not impose similar
restrictions on Internet freedom in 2011.
Academic Freedom and Cultural Events.--There were some government
restrictions on cultural events. The assembly of Tibetans often led to
strict restrictions that limited cultural freedoms, including a
Himalayan opera show in October.
The media continued to report instances of abduction, extortion,
and intimidation of school officials by armed groups, and the
government did not take adequate measures to stop this practice.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association; however, the government
sometimes restricted freedom of assembly.
Freedom of Assembly.--The law provides for freedom of assembly, and
it was generally respected for citizens and legal residents of the
country, despite some restrictions. The law authorizes CDOs to impose
curfews if there is a possibility that demonstrations or riots may
disturb the peace.
The government limited freedom of assembly for the Tibetan
community. For example, on March 10, police arrested four individuals
who were observing Tibetan Uprising Day at Sampeheling Monastery in
Boudhanath. Later that day seven Tibetans demonstrating outside the
Chinese embassy in Kathmandu were arrested and detained for more than a
week. Police beat several of them while in custody, according to the
Human Rights Organization of Nepal.
Security personnel attempted to prevent Buddhists, including
Tibetans, from attending the Dalai Lama's birthday celebration on July
6. For Tibetan Democracy Day on September 2, authorities denied
permission to hold a religious event at a monastery in Boudhanath.
However, a religious celebration to observe Nobel Peace Prize day on
December 10 took place peacefully in Boudhanath and Jawalakhel
settlements, with a minimal presence of Nepali authorities and no
arrests.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, except for most refugees, whose freedom of movement
within the country is legally limited. Constraints on refugee movements
were enforced unevenly and more often against the Tibetan than the
Bhutanese refugee population. The government did not always cooperate
with the Office of the U.N. 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
established procedures for handling newly arrived Tibetans entering the
country without documents were generally implemented through
coordination between police, immigration officials, the UNHCR, and the
Tibetan Reception Center, in a timely, standardized fashion overall.
However, concerns regarding the implementation of these procedures
arose after a group of 23 new Tibetan arrivals was detained in
September following intervention by Chinese authorities, who requested
their return. After a delay, the 23 were released to the UNHCR and were
in India at year's end.
Numerous political groups restricted freedom of movement, including
forcing transportation strikes, known locally as ``bandhs,'' to bring
attention to political issues. Ethnic groups in the Tarai region called
most bandhs.
Internally Displaced Persons (IDPs).--Although the government and
Maoists agreed to support the voluntary return in safety and dignity of
IDPs to their homes following the 10-year civil war, in practice the
agreement was not implemented. Several U.N. agencies, including the
UNHCR, OHCHR, and U.N. Development Program, continued working with the
government to develop an IDP policy consistent with international
principles. Civil society and international organizations estimated
that there were as many as 70,000 IDPs. The Ministry of Peace and
Reconstruction estimated that 78,689 persons were displaced from 1996
to 2006.
The government allowed several international organizations, such as
the Norwegian Refugee Council, ICRC, Caritas, International Relief and
Development, and Action Aid Nepal to initiate programs to assist IDPs.
Middle- and lower-caste IDPs faced severe problems obtaining adequate
shelter and food. According to U.N. agencies and international NGOs,
the main obstacles preventing most IDPs from returning to their homes
continued to be fear of Maoist reprisal, local Maoist commanders'
noncompliance, and conflict with those occupying the houses and lands
of the IDPs. According to the Nepal IDP Working Group, most IDPs were
unwilling to return home, not only due to security but also economic
concerns, primarily involving property, housing, and employment
opportunities.
Children of persons who were killed or displaced during the
conflict were often unable to access government benefits because they
were not able to register with local authorities due to fear of
retribution by Maoists or inability to confirm the death of a family
member who disappeared during the conflict. According to Caritas, the
government made little effort to aid or monitor the movement of IDPs.
Protection of Refugees.--Access to Asylum.--The 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. While
the government has in place ad hoc administrative directives that
provide some protection for Bhutanese and Tibetan refugees,
implementation of the directives was sometimes unpredictable.
The government officially restricted freedom of movement and work
for the approximately 55,000 Bhutanese refugees residing in refugee
camps in the eastern part of the country, but those restrictions were
largely unenforced for this population. In 2007 the government agreed
to permit third-country resettlement for Bhutanese refugees. Since
resettlement began, roughly 58,500 Bhutanese refugees have been
resettled to third countries, of which 49,100 were resettled in the
United States.
Tibetans who arrived in the country after 1989 are not recognized
as refugees. Consequently, most Tibetans who arrived since then
transited to India, although an estimated 15,000-20,000 Tibetans
remained in Nepal. After China heightened security along its border and
increased restrictions on internal freedom of movement in 2008, the
number of Tibetans who transited the country dropped significantly.
UNHCR-facilitated exit permits for recent arrivals from Tibet
transiting Nepal to India have become more regularized, with only minor
administrative delays.
There continued to be reports of harassment by Chinese officials
within Nepal's borders.
There were instances in which local police assisted and protected
Tibetans found in the border region.
Refugee Abuse.--There were numerous reports that police and other
local officials harassed Tibetans engaged in daily activities. Police
reportedly conducted random checks of identity documents of Tibetans,
including monks. These identity checks sometimes included threats of
deportation or detention, followed by requests for bribes.
On June 22, authorities arrested 12 Tibetans taking part in a
candlelight vigil in support of a monk who committed suicide to protest
Chinese oppression of Tibetans' freedom in China. Security forces
detained and questioned leaders of the Tibetan community, forcing other
leaders into temporary hiding. In addition, more than 50 Tibetans were
detained on November 1 during a three-day event organized by the
Regional Tibetan Youth Club to show solidarity with monks who had
committed self-immolation in China. The following day an additional 18
Tibetans were detained following an attempted self-immolation during
the protest. All detainees were released later the same day.
Access to Basic Services.--Many of the Tibetans who lived in the
country did not have legal resident status. Many who arrived after 1990
and their Nepal-born children were without legal status and had no
documentation. Even those with acknowledged refugee status had no legal
rights beyond the ability to remain in the country, and the Nepal-born
children of Tibetans with legal status often lacked documentation.
Tibetan refugees had no entitlement to higher education, business
ownership or licenses, bank accounts, or to conduct legal transactions,
including documentation of births, marriages, and deaths, although
bribery often made these possible. While Nepal-based Tibetans with
registration cards were eligible to apply for travel documents to leave
the country, the legal process was arduous, expensive, opaque, and
poorly publicized.
In March police and government officials denied permission for
Tibetans in Nepal to participate in the prime ministerial elections of
the Central Tibetan Administration. While police halted voting in
Kathmandu, settlements in Pokhara recorded approximately 700 votes.
The country hosted approximately 300 refugees from other countries,
including Somalia, Burma, and Pakistan. The government continued to
deny these groups recognition as refugees and required prohibitive
fines ($5 for each day out of status) for permission to exit the
country. However, the government waived fines in a few instances with
compelling humanitarian concerns. The government allowed the UNHCR to
provide some education, health, and livelihood services to refugees,
but they lacked legal access to education and the right to work.
Stateless Persons.--In 1995 the government-established Dhanapati
Commission estimated that 3.4 million individuals in the country lacked
citizenship documentation. Although the government acknowledged that
these individuals were Nepalis, they did not hold the citizenship
certificate (issued to citizens at the age of 16 if born to a Nepali
parent) needed to obtain many rights of citizenship (see section 6,
Women and Children). Although the 2006 Citizenship Act allowed more
than 2.6 million persons to receive certificates, a UNHCR-led survey in
November estimated that approximately three to five million persons
still had not received citizenship documentation due to isolation,
poverty, and discriminatory practices at the local level.
Citizenship laws that discriminate based on gender contributed to
statelessness. Citizenship is transmitted to children if either the
mother or father is a citizen. In practice local officials generally
refused to issue citizenship documents to children on the basis of
their mother's citizenship certificate alone. On February 27, the
Supreme Court confirmed that citizenship can be passed by the mother,
even if the father is unknown or not available due to separation from
the family. After that time, a number of citizenship certificates were
issued, but some local officials did not follow the court ruling. The
issue of citizenship rights was under review in the Constituent
Assembly.
Stateless persons did not experience violence; however, they
experienced discrimination in employment, education, housing, health
services, marriage, birth registration, access to courts and judicial
procedures, and land or property ownership.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens generally exercised this right in practice.
Elections and Political Participation.--Recent Elections.--In 2008
citizens elected members to the Constituent Assembly, which was to
serve as both a legislature and a constitution-drafting body. Domestic
and international observers found the election results credible,
although there were reports of political violence, intimidation, and
voting irregularities.
Participation of Women and Minorities.--There are no specific laws
that restrict women, indigenous people, or minorities from voting or
participating in government or in political parties, but tradition
limited the roles of women and some castes and ethnicities in the
political process. Members of certain castes traditionally held more
power than others. There were 194 women in the 594-seat Constituent
Assembly. In the 44-member cabinet, seven members were from ethnic
minority communities, five were women, and four were Dalits. Most of
the larger political parties had associated youth wings, trade unions,
and social organizations.
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
Commission for the Investigation of the Abuse of Authority (CIAA),
mandated to investigate official acts of corruption, claimed an 80
percent success rate concerning corruption cases it filed, but some
cases involving politicians were not filed or were defeated in court.
Most civil society organizations believed the CIAA was not an effective
commission. Public officials are subject to financial disclosure laws.
However, according to the National Vigilance Center, 77 Constituent
Assembly members and an estimated 35,000 civil servants had not
submitted their annual financial statements as required by law. Those
who do not may face a fine of up to 5,000 rupees ($60).
There were numerous reports of corrupt actions by ministers and
Constituent Assembly members. On March 16, the Supreme Court convicted
former minister and Nepali Congress leader Chiranjibi Wagle of
corruption and sentenced him to 18 months' imprisonment and a fine of
20.3 million rupees ($238,400). The Supreme Court concluded that Wagle
amassed property through abuse of power when he was in public office
and transferred the properties to the names of family members,
including his son Devendra. This was the first time since 1990 that the
Supreme Court convicted a senior politician on corruption charges.
On April 25, authorities arrested Constituent Assembly members
Gayatri Sah of the Nepali Janata Dahal party and B.P. Yadav of the
Madhesi Janadhikar Forum over allegations of misuse of diplomatic
passports. Crime Investigation Branch investigations revealed that the
lawmakers acted with passport racketeers, who obtained diplomatic
passports, citizenship certificates, and identity cards to alter and
use them to send prospective clients to Australia. On May 18, Sah and
Yadav were detained at the central jail. They were each released on
bail of 1.5 million rupees ($17,620), and the case was still pending at
year's end. Both were suspended from the Constituent Assembly.
Maoists and Maoist-affiliated organizations continued to commit
abuses during the year, but less than in previous years. Maoists
regularly extorted money from businesses, workers, private citizens,
and NGOs.
On April 10, a Maoist trade union faction led by Salik Ram
Jammakattel sent letters to entrepreneurs seeking ``physical, moral,
and financial'' assistance for an International Worker's Day
celebration. The union sent letters to more than 3,000 businesses
across the nation, demanding 100,000 rupees ($1,175) from each. The
newly-formed Maoist Peoples' Volunteers Bureau also attempted to extort
businessmen, government offices, and contractors, which they labeled
``political donations.''
Corruption and impunity remained problems within the NP. According
to international observers, there was a severe shortage of senior-level
NP officers. At the district level, this shortage resulted in untrained
constables making policies and decisions outside of their authority and
without supervision, creating opportunities for bribery, corruption,
misinterpretation, and abuse of authority.
On June 7, the CIAA charged 36 incumbent and retired police
officials and two suppliers with embezzling 288 million rupees ($3.4
million) while purchasing armored personnel carriers for the NP
peacekeeping mission deployed in Darfur. Ramesh Chand Thakuri, former
head of the NP, and 24 other police officials were automatically
suspended upon the filing of the case on June 7.
In 2007 the interim parliament passed the Right to Information Law,
which mandates that public organizations provide citizens with
information as quickly as possible and respond within 15 days. In
practice the government generally met this requirement. If authorities
deny individuals access to information, officials must provide a valid
explanation. The law provides that information may be withheld on five
grounds: to facilitate the investigation and filing of criminal
charges, to protect the economic and commercial interests of the
country, to preserve banking and commercial secrecy, to prevent
disruption of communal harmony, or to prevent disruption of personal
life or 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.
Many independent domestic human rights NGOs operated in the
country. The government met with and was generally responsive to human
rights NGOs, as demonstrated by the government's cooperation with human
rights organizations during Nepal's first Universal Periodic Review
before the UNHRC. The Nepal Law Society also monitored human rights
abuses, and a number of other NGOs focused on specific areas, such as
torture, child labor, women's rights, and ethnic minorities.
The Maoist party had publicly castigated some lawyers and human
rights defenders for their possible role in the June 2010 denial of a
visa for a foreign training program for Agni Sapkota, a Maoist leader
alleged to be responsible for human rights abuses during the
insurgency. Members of the Maoist party threatened specific human
rights activists. On May 7, Sapkota was appointed minister for
information and communications, which led human rights defenders and
civil society groups to file a public interest case with the Supreme
Court demanding his removal because he was under investigation for his
conduct during the insurgency. Maoist-affiliated groups accused human
rights organizations of a politically motivated attack on Sapkota.
While the Supreme Court considered the public interest case, on July
25, the government withdrew the nominations of several Maoist
ministers, among them Sapkota's, for unrelated reasons.
U.N. and Other International Bodies.--As set out in the 2006
Comprehensive Peace Agreement, the OHCHR continued its work with the
government to formulate and implement policies and programs for the
promotion and protection of human rights. The government requested an
extension of the OHCHR's mandate through December. The government
required the OHCHR to close all its regional offices in 2010, and the
regular mandate renewal negotiations made it difficult for the OHCHR to
operate. The government did not approve OHCHR's request for a mandate
extension, which expired on December 8 and would require OHCHR to close
its operations in the country by mid-2012.
Government Human Rights Bodies.--The NHRC investigates past and
current allegations of abuses. Resource constraints and insufficient
manpower restricted the number of investigations. The NHRC stated that
the government had helped promote impunity by not fully implementing
its recommendations. Of 450 recommendations the NHRC made during the
previous 11 years, the government implemented 126 fully and 246
partially, according to NHRC.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, caste, gender,
disability, language, or social status. However, the government did not
effectively enforce these prohibitions. The Caste Discrimination and
Untouchability Act, passed in May, criminalizes discrimination based on
caste. As of year's end, its effectiveness was unclear. A rigid caste
system continued to operate throughout the country in many areas of
religious, professional, and daily life. Societal discrimination
against lower castes, women, and persons with disabilities remained
common, especially in rural areas.
Women.--Rape and Domestic Violence.--Violence against women
remained a problem. Under the civil code, sentences for rape vary
between five and 12 years, depending on the female victim's age. The
law also mandates five years' additional imprisonment in the case of
gang rape or rape of pregnant women or women with disabilities. The
victim's compensation depends on the degree of mental and physical
torture. Under the law the definition of rape includes marital rape,
and the husband can be jailed for three to six months. Most incidents
of rape went unreported, although in those rape cases that were
reported, police and the courts were responsive. During fiscal year
2010-11, 481 cases of rape and 151 cases of attempted rape were filed
with police, compared with 376 cases of rape and 101 cases of attempted
rape in the previous fiscal year, according to the Women's Police Cell,
a special unit of the NP that investigates crimes against women.
Domestic violence against women remained a serious problem. While
few cases were reported, there was much anecdotal evidence that
physical and verbal abuse was common. Violence against women was one of
the major factors responsible for the poor health of women, livelihood
insecurity, and inadequate social mobilization. According to Amnesty
International, in the first half of the year, more than 300 domestic
violence cases were reported to police in the Kathmandu valley alone;
many more went unreported. The domestic violence law imposes a fine of
3,000 to 25,000 rupees ($35 to $295), six months' imprisonment, or
both, on violators. Repeat offenders receive double punishment. Any
person holding a position of public responsibility is subject to 10
percent greater punishment than is a person who does not hold such a
position. Anyone who does not follow a court order is subject to a fine
of 2,000 to 15,000 rupees ($23 to $175), four months' imprisonment, or
both.
Although the government passed the Domestic Violence (Crime and
Punishment) Act in 2009, many security officials and citizens were
unaware of the law. The government's effort to establish the needed
structures to successfully implement the act were uncoordinated and
incomplete. The majority of domestic violence cases were settled
through mediation rather than legal prosecution.
Educational programs offered by NGOs for police, politicians, and
the general public aimed to promote greater awareness of domestic
violence. Police claimed to have women's cells in each of the country's
75 districts, but they had minimal resources and untrained personnel to
deal with victims of domestic violence and trafficking. Police
directives instruct officers to treat domestic violence as a criminal
offense, but the directives were difficult to enforce because of
entrenched discriminatory attitudes.
Although the law prohibits polygamy, it persisted. Polygamists are
subject to a two-month prison term and a fine, but the second marriage
is not invalidated. Violence surrounding polygamy remained a problem.
Harmful Traditional Practices.--The dowry tradition was strong in
the Tarai districts bordering India, and there were sporadic incidents
of bride killing over dowry disputes. More often husbands or in-laws
seeking additional dowry physically abused wives or forced women to
leave so the men could remarry.
For example, on March 26, Bibha Devi Mandal's husband, mother-in-
law, and brothers-in-law, beat her to death for not bringing enough
dowry. At year's end police were investigating her death following her
parents' complaint.
Traditional beliefs about witchcraft negatively affected elderly
rural women and widows with low economic status, especially those who
belonged to the lower caste of Dalits. Shamans or other local authority
figures publicly beat and otherwise physically abused alleged witches
as part of exorcism ceremonies. The media and NGOs reported numerous
cases of such violence during the year. There was no government
mechanism to prevent such abuses or to provide compensation to those
abused, but civil society organizations raised public awareness of the
problem. Women accused of witchcraft were severely traumatized and
suffered physical and mental abuse, including such acts being fed human
excreta, being hit with hot spoons in different parts of the body,
being forced to touch red-hot irons or breathe in chili smoke, or being
perforated in their private organs.
During the year there were reports of cases of women being beaten
after having been accused of witchcraft. For example, 41-year-old Gauri
Devi Saha of Bara was severely beaten and forced to eat human waste by
her neighbors, who accused her of having practiced witchcraft on May 5.
On November 23, Samkhu Devi Urawa of Bhokhra-3, Sunsari was
attacked by her brother-in-law, Dukhan Lal Urawa, who accused her of
witchcraft and being responsible for the death of his mother, Laliya
Devi Urawa, and brother Dhurpa Urawa, who died two years earlier. The
perpetrator was taken into custody, and a legal case continued at
year's end.
Sexual Harassment.--The law contains a provision against sexual
harassment, with a maximum penalty of a one-year prison sentence and
fine of 10,000 rupees ($117). Government enforcement was weak. Sexual
harassment was a problem, but lack of awareness as to what constitutes
sexual harassment led victims not to report most incidents.
Sex Tourism.--Thousands of women were forced into commercial sexual
exploitation in other countries and increasingly within the country,
according to organizations that provided services to sex workers and
victims of human trafficking. According to the National Human Rights
Commission Office of the Special Rapporteur on Trafficking,
approximately one-fourth to one-third of all sex entertainment workers
were children under the age of 18. The Human Trafficking and
Transportation (Control) Act, 2007 and the Domestic Violence (Crime and
Punishment) Act 2009 provide for criminal penalties for exploitation,
including human trafficking.
Reproductive Rights.--Couples and individuals generally may decide
freely the number, spacing, and timing of their children and were not
subject to discrimination, coercion, or violence regarding these
choices. Contraception was available to both men and women. According
to the 2011 Nepal Demographic Health Survey, 43.2 percent of married
women used a modern contraceptive method while 56.8 percent of married
women had an unmet need for family planning. Forty-eight percent of
mothers received prenatal care from a doctor, nurse, or midwife. The
country made progress in reducing its maternal mortality rate from 850
per 100,000 live births in 1990 to an estimated 229 per 100,000 live
births in 2010. Despite these improvements, the rate of deliveries
attended by skilled birth attendants was relatively low (36 percent)
according to the health survey. According to the survey, women did not
have access to life-saving interventions during pregnancy, delivery,
and the postnatal period and were dying as a result, especially in
remote areas. Men and women generally were diagnosed and treated
equally for sexually transmitted infections.
Discrimination.--Although the law provides protections for women,
including equal pay for equal work, the government did not implement
those provisions, including in many state industries.
Women faced systemic discrimination, particularly in rural areas,
where religious and cultural traditions, lack of education, and
ignorance of the law remained severe impediments to the exercise of
basic rights, such as the right to vote or to hold property in one's
own name.
Citizenship is automatically conferred through either Nepali parent
(see section 6, children). In practice, however, government officials
often refused to grant citizenship documents based on the mother's
citizenship if a father's identity was unknown or if he was a foreign
national.
Despite the 2006 Gender Equality Act, discriminatory provisions
remain in the law. According to INSEC, 62 laws have provisions that
discriminate against women. For example, the law on property rights
favors men in land tenancy and the division of family property. The law
encourages bigamy by allowing men to remarry without divorcing if the
first wife becomes incapacitated or infertile.
The Foreign Employment Act no longer requires a woman to get
permission from the government and her guardian before seeking work
through a foreign employment agency.
According to the U.N. Committee on the Elimination of All Forms of
Discrimination against Women, there were limitations to women's access
to fixed property and credit.
Children.--Birth Registration.--According to the 2006 Nepal
Citizenship Act, citizenship is derived from one of the parents with
Nepali nationality. Despite the Supreme Court's 2009 decision that the
right to choose whether to seek citizenship through one's father or
mother rests with the applicant, many were denied citizenship due to
lack of access to local authorities or lack of awareness of the law by
applicants or government officials. This led to problems attaining
citizenship and difficulty in school admissions. Children living
without parents, such as street children whose parents' whereabouts
were not known, faced many hurdles, although children in institutional
care can obtain citizenship through the guardianship of their
respective institutions. Children found within the borders of the
country without parental identity were considered citizens on the basis
of lineage until the parents of the child were identified (see section
2.d., Stateless Persons.).
Education.--Although the law provides for the welfare and education
of children, its implementation was uneven. Education is not
compulsory. Government policy provided free primary education for all
children between the ages of six and 12, although most students have
some costs for examinations and must buy uniforms. The government
reported that 91.9 percent of school-age children were attending public
schools but that girls were the majority of those deprived of basic
education.
Medical Care.--The government provided basic health care free to
children and adults, although prevalent parental discrimination against
girls often resulted in impoverished parents giving priority to their
boys when seeking medical services.
Child Abuse.--Violence against children was widespread, although
rarely prosecuted. The government established some mechanisms to
respond to child abuse and violence against children, such as the
Central Child Welfare Board, which has chapters in all 75 districts.
The law forbids discrimination based on gender. However, in
practice there was considerable discrimination against girls.
Child Marriage.--The law prohibits marriage for girls before the
age of 18; however, families in many areas sometimes forced their young
children to marry. UNICEF reported that 51 percent of Nepalese married
as children. The country's 2011 Demographic and Health Survey found
that, among Nepalese women age 25 to 49, 55 percent were married by the
time they reached 18, and 74 percent were married by age 20. In some
areas in the East, many young girls were married off to escape large
dowry payments, which increase with the age of the girl. Social,
economic, and religious values promoted the practice of child
marriages. The law sets penalties for violations according to the age
of the girls involved in child marriage. The penalty includes both a
prison sentence and a fine, with the fees collected in the case of
underage marriage to be turned over to the girl involved. According to
the civil code, the government must take action whenever a case of
child marriage is filed with authorities. There were no government
programs to prevent child marriage.
Sexual Exploitation of Children.--Commercial sexual exploitation of
children remained a serious problem. There were reports of boys and
girls living on the streets who survived through prostitution and of
underage girls employed in dance bars, massage parlors, and cabin
restaurants. The minimum age for consensual sex is 16, and the
penalties for rape vary according to age of the victim and the
relationship. Conviction for rape can result in six to 10 years'
imprisonment if the victim is under 14 years of age, or three to five
years' imprisonment if she is 14 or older. Conviction for attempted
rape may be punished with half of the penalty provided for rape.
Child pornography is against the law. However, ambiguous
interpretation of the law made it difficult to prosecute pornographers.
Children's rights advocates considered the penalty for such offenses--a
fine of up to 10,000 rupees ($117), imprisonment for up to one year, or
both--inadequate as a deterrent.
Displaced Children.--Internal displacement due to the decade-long
Maoist conflict continued; estimates of the number displaced ranged
widely. As IDPs, children experienced poor social reintegration,
inadequate food, shelter, health care, and limited access to education.
Security forces often abused and arrested street children to ``clean
up'' the streets.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The interim constitution does not
address the rights of persons with disabilities. Government efforts to
enforce laws and regulations to improve rights and benefits for persons
with disabilities were not effective. The law mandates access to
buildings, transportation, employment, education, and other state
services, but these provisions generally were not enforced. The
government did not effectively enforce laws regarding persons with
disabilities.
According to Handicap International, persons with physical and
mental disabilities faced discrimination in employment, education,
access to health care, and the provision of other state services. The
Ministry of Women, Children, and Social Welfare is responsible for the
protection of persons with disabilities, the Ministry of Education
provides scholarships for children with disabilities, and the Ministry
of Local Development is responsible for allocating 5 percent of the
budget of local development agencies for disability programs. Some NGOs
working with persons with disabilities received funding from the
government. However, most persons with physical or mental disabilities
relied almost exclusively on family members for assistance.
National/Racial/Ethnic Minorities.The law provides that each
community shall have the right ``to preserve and promote its language,
script, and culture'' and to operate schools at the primary level in
its native language. In practice the government generally upheld these
provisions.
There were more than 75 ethnic groups which spoke 50 different
languages. Discrimination against lower castes and some ethnic groups
was especially common in the Tarai region and in rural areas in the
West, even though the government outlawed the public shunning of Dalits
and made an effort to protect the rights of disadvantaged castes.
Better education and higher levels of prosperity, especially in the
Kathmandu valley, were slowly reducing caste distinctions and
increasing opportunities for lower socioeconomic groups. Better
educated, urban-oriented castes continued to dominate politics and
senior administrative and military positions and control a
disproportionate share of natural resources.
Caste-based discrimination is illegal. However, Dalits occasionally
were barred from entering temples and sharing water sources. Progress
in reducing discrimination was more successful in urban areas.
Resistance to intercaste marriage remained high and in some cases
resulted in forced expulsion from the community. While Dalits who
participated in wedding activities traditionally reserved for non-
Dalits, such as riding a horse, were sometimes assaulted, the courts
showed a willingness to prosecute such cases of discrimination.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The country has no laws that
specifically criminalize homosexuality. However, government
authorities, especially police, sometimes harassed and abused
homosexual persons. According to the Blue Diamond Society, a local NGO,
harassment of such persons by both government and citizens was common.
NGOs working on lesbian, gay, bisexual, transgender, and intersex
(LGBTI) issues reported that police harassment of sexual minorities
occurred in rural areas of the country, especially in the Tarai region.
In 2007 the Supreme Court directed the government to enact laws to
protect LGBTI persons' fundamental rights, enable third-gender
citizenship, and amend all laws that were sexually discriminatory. Many
mainstream political parties included pro-LGBTI legislation in their
party manifestos, and LGBTI activists continued to press for
protections for sexual minorities in the new constitution.
Other Societal Violence or Discrimination.--There was no official
discrimination against those who provided HIV prevention services or
against high-risk groups likely to spread HIV/AIDS, although there was
societal discrimination against these groups. Discrimination against
women infected with HIV/AIDS was greater than for men, even though men
who traveled to other countries for work were at higher risk of
contracting the disease and spreading it to their wives.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law grants Nepali workers the freedom to form and join unions of
their choice, except subversive, seditious, or similar organizations,
as deemed by the government. Freedom of association extends to workers
in both the formal and informal sector but not to foreign nationals.
Noncitizens cannot be elected as trade union officials and do not have
the right to form unions. Nepali workers have the rights to strike,
except for employees in 16 essential services, and bargain
collectively. The law also provides for the protection of unions and
their officials from lawsuits arising from actions taken in the
discharge of union duties, including collective bargaining, and
prohibits antiunion discrimination. The law provides for reinstatement
of workers fired for union activity.
The law stipulates that unions must represent at least 25 percent
of workers to be considered representative. However, the minimum
requirement does not prohibit the formation of ersatz union groups,
which call strikes and enter into direct negotiation with the
government. Workers in the informal sector are also allowed to form
unions, but according to the Department of Labor many workers were not
aware of these rights.
The law does not allow dismissal or transfer of employees for
attempting to form a union. If workers are dismissed for engaging in
union activities, they can file a case with the Department of Labor,
which has semi-judicial and mediation authority, or the Labor Court to
be reinstated. Most cases are settled through mediation. By law
employers can fire workers only under limited conditions and only after
three counts of misconduct. The law stipulates that participation in a
strike that does not meet legal requirements is considered misconduct.
Workers in 16 essential services are prohibited from striking.
These sectors include public transportation, banking, security, and
health care, among others. The law's definition of essential services
does not conform to international standards. Members of the armed
forces, police, and government officials at the under secretary level
or higher are also prohibited from taking part in union activities. In
the private sector, employees in managerial positions are not permitted
to join unions. However, the definition of what constitutes a
managerial position was vague.
To conduct a legal strike, 51 percent of a union's membership must
vote in favor of a strike in a secret ballot, and unions are required
to give 30 days' notice before striking. If the union is unregistered,
does not have majority support, or calls a strike prior to issuing a 30
days' notice, the strike is considered illegal.
Enforcement of the above laws was uneven in practice. Although the
government restricted strikes in essential services, workers in
hospitals, hotels, banking, restaurants, and the transportation sector
called numerous strikes during the year. Freedom of association and the
right to collective bargaining generally were respected in practice.
Unions were often linked to political parties and did not operate
independently from them. Although the law has minimum threshold
requirements, some unions represent less than the 25 percent of the
workforce required to be considered representative.
Labor leaders faced challenges in reaching collective bargaining
agreements due to political infighting among trade unions.
During the year the three major unions called a nationwide strike
to press for an increase in the minimum wage to 6,100 rupees per month
($72). After extensive negotiations between the three major unions and
two apex business federations, both sides agreed to the wage increases.
However, the agreement was later undercut by another small and
unregistered union group affiliated with Madhesi (Tarai-based)
political parties. After pressure from the business community, the
government agreed to enter discussions with the unregistered union
group, which successfully pressed for a minimum wage of 6,200 rupees
($73) per month for its members. Later the government overturned the
agreement reached between the three major trade unions and two apex
business federations.
Violence in labor disputes usually involved labor unions that
threatened government officials, employers, or other union members if
they did not agree to the union's demands. Several cases were
documented in which members of the Maoist-affiliated All Nepal Trade
Union Federation (ANTUF) attacked other unions. ANTUF members also
forced companies to dismiss workers who belonged to other unions or
forced workers to join its union or risk losing their jobs. In the
Surya Nepal Garment factory, union members affiliated with the Maoist
party forcibly locked management staff, including one pregnant staff
member, in the factory for 36 hours without food and water to demand
payment during a strike. The management staff members were later
released after intervention by the CDO. Cases of violence against union
members also were reported, although they were rarer.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. However, there continued to be
reports of debt bondage.
In 2002 the government formally outlawed the Kamaiya system, a form
of bonded labor. Government enforcement of the law was uneven, and
social reintegration remained difficult. In 2010 the government
rehabilitated an additional 6,870 Kamaiyas, bringing the total number
of rehabilitated persons to 22,402 in a total Kamaiya population of
27,570. The Haliya system, another form of bonded labor primarily for
individuals engaged to cultivate farmland, was outlawed in 2008, but
OHCHR-Nepal reported that some freed Haliyas had not been issued
identity cards, making it difficult for them to access public services.
There were reports that forced labor and bonded labor persisted,
especially in agriculture, domestic services, factories, food services,
textile embroidery, production of pornography, begging, circus
entertainment, and brick kiln work. Victims of bonded and forced labor
were generally women and children.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law establishes a minimum age of 16 for employment in industry and 14
for employment in agriculture and mandates acceptable working
conditions for children. Employers must maintain records of all
laborers between the ages of 14 and 16. The law prohibits employment of
children in factories, mines, or 60 other categories of hazardous work
and limits children between the ages of 16 and 18 to a 36-hour workweek
(six hours a day between 6 a.m. and 6 p.m., and six days a week). The
law also establishes specific penalties for those who unlawfully employ
children, but regulations to enforce the law had not been fully
implemented. For example, children could be found working in
construction sites in the capital, often without any protective gear.
The Ministry of Labor, which is responsible for enforcing child
labor laws and practices, had a poor enforcement record, and a
significant amount of child labor occurred in the formal and informal
sectors. Resources devoted to enforcement were limited. According to
the Ministry of Labor, recent inspections did not find children
working. However, child labor in the informal sector occurred in
agriculture, domestic service, portering, recycling, transportation,
and rock breaking. In the informal sector children worked long hours,
carried heavy loads, were at risk of sexual exploitation, and at times
suffered from ear, eye, or skin disorders or musculoskeletal problems.
Forced child labor was reported in the brick, carpet, embroidered
textile, and stone industries. Children working in textiles and
embroidery faced hazards, as they were confined to small, poorly
ventilated rooms where they worked with sharp needles.
According to the Nepal Labor Force Survey 2008, the most recent
survey available, the labor force participation rate was 13.4 percent
for children ages five to nine and 52.7 percent for children ages 10 to
14. Of those, 1.6 million children worked full time.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage for unskilled
laborers was 6,200 rupees per month (approximately $73). The minimum
wage exceeded the poverty line of $1.25 per day but was barely
sufficient to meet subsistence needs. Minimum wage laws apply to both
the formal (which accounts for about 10 percent of the total workforce)
and informal sector, but implementation was stronger in the formal
sector.
The law stipulates a 48-hour workweek, with one day off per week
and one-half hour of rest per five hours worked. The law limits
overtime to no more than four hours in a day and 20 hours per week,
with a 50 percent overtime premium per hour. Excessive compulsory
overtime is prohibited. Employees are also entitled to paid public
holiday leave, sick leave, annual leave, maternity leave, bereavement
leave, and other special leave. The government sets occupational health
and safety standards and establishes other benefits, such as a
provident fund, housing facilities, day-care arrangements for
establishments with more than 50 women workers, and maternity benefits.
In practice the Ministry of Labor reported that most factories in
the formal sector were in compliance with laws on minimum wage and
hours of work, but implementation varied in the informal sector,
including in agriculture and domestic servitude. The ministry had 12
factory inspectors for the entire country, who also acted as labor and
occupational health and safety inspectors. Reportedly there were vacant
inspector positions at the ministry.
Implementation of occupational health and safety standards was
minimal, and the Ministry of Labor considered it the most neglected
area of labor law enforcement. For example, the law requires
establishments to provide protective eye equipment where cement, iron,
and glass are used, but workers at many construction sites operated
without equipment such as head gear or shoes. Such violations were
found across sectors, including in construction, mining,
transportation, agriculture, and factory work.
The government had not created the necessary regulatory or
administrative structures to enforce occupational safety and health
provisions. The Ministry of Labor did not have a specific office
dedicated to occupational safety and health, nor did it have inspectors
specifically trained in this area. Penalties were insufficient to deter
violations. Workers often felt they could not remove themselves from
dangerous work situations without fear of losing their jobs. Although
the law authorizes factory inspectors to order employers to rectify
unsafe conditions, enforcement of safety standards remained minimal and
monitoring was weak. Accurate data on workplace fatalities and
accidents were not collected on a regular basis.
The government regulated labor contracting, or ``manpower,''
agencies that recruited workers for overseas jobs and penalized
fraudulent recruitment practices. However, according to several NGOs,
government officials were often complicit in falsifying travel
documents and overlooking recruiting violations by labor contractors.
The myriad of unregistered labor ``brokers'' and middlemen--who were
often trusted members of the community--complicated effective
monitoring of recruitment practices. The government began a number of
initiatives to raise awareness and make the recruitment process more
transparent. Workers were also encouraged to register and pay a fee to
the Foreign Employment Promotion Board, which tracked migrant workers
and provided some compensation if workers' rights were violated. The
government required all contracts to be translated into Nepali and
instituted provisions whereby all workers have to attend a predeparture
orientation program. During the orientation workers are made aware of
their rights and legal recourse should their rights be violated.
However, the effectiveness of such initiatives remained questionable as
workers who went overseas often skipped the mandatory training, and
many companies were found to issue predeparture orientation
certificates for a small fee rather than deliver the training.
__________
PAKISTAN
executive summary
Pakistan is a federal republic. With the election of current
president and head of state, Asif Ali Zardari, democratic rule was
restored in 2008 after years of military government. Syed Yousuf Raza
Gilani of the Pakistan People's Party (PPP) served as prime minister
and head of government. The PPP and its federal coalition partners
controlled the executive and legislative branches of the national
government and three of the four provincial assemblies. The military
and intelligence services nominally reported to civilian authorities
but essentially operated without effective civilian oversight.
Generally, the police force reported to civilian authority, although
there were instances in which it acted independently.
The most serious human rights problems were extrajudicial killings,
torture, and disappearances committed by security forces, as well as by
militant, terrorist, and extremist groups, which affected thousands of
citizens in nearly all areas of the country. Two prominent political
figures, Punjab governor Salman Taseer and federal minister for
minorities Shahbaz Bhatti, were assassinated due to their support for
revisions of the blasphemy law and for Aasia Bibi, a Christian who had
been sentenced to death under the law.
Other human rights problems included poor prison conditions,
instances of arbitrary detention, lengthy pretrial detention, a weak
criminal justice system, insufficient training for prosecutors and
criminal investigators, a lack of judicial independence in the lower
courts, and infringements on citizens' privacy rights. Harassment of
journalists, some censorship, and self-censorship continued. There were
some restrictions on freedom of assembly and some limits on freedom of
movement. The number of religious freedom violations and discrimination
against religious minorities increased, including some violations
sanctioned by law. Corruption was widespread within the government and
the police forces, and the government made few attempts to combat the
problem. Rape, domestic violence, sexual harassment, ``honor'' crimes,
abuse, and discrimination against women remained serious problems.
Child abuse and commercial sexual exploitation of children persisted.
Widespread human trafficking--including forced and bonded labor--was a
serious problem. Societal discrimination against national, ethnic, and
racial minorities continued, as did discrimination based on caste,
sexual orientation, gender identity, and HIV status. Lack of respect
for worker rights continued.
Lack of government accountability remained a pervasive problem.
Abuses often went unpunished, fostering a culture of impunity.
Violence, abuse, and social and religious intolerance by militant
organizations, and other nongovernmental actors contributed to a
culture of lawlessness in some parts of the country, particularly
Balochistan, Sindh, Khyber Pakhtunkhwa (KP, formerly known as the North
West Frontier Province), and the Federally Administered Tribal Areas
(FATA).
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were many
reports that the government or its agents committed arbitrary or
unlawful killings.
Security forces reportedly committed extrajudicial killings in
connection with conflicts in Balochistan, FATA, and KP (see section
1.g.). A May 24 report by the Asian Legal Resource Center (ALRC) stated
that from October 2010 to May government agencies abducted and killed
more than 120 persons. Human Rights Watch (HRW) stated that between
January and July security forces abducted and killed at least 150
persons and abandoned their bodies across Balochistan, in acts widely
referred to as ``kill and dump'' operations. ``The surge in unlawful
killings of suspected militants and opposition figures in Balochistan
has taken the brutality in the province to an unprecedented level,''
HRW concluded, and it urged the government to investigate all those
responsible, especially in the military and Frontier Corps (FC), and
hold them accountable. A parliamentary committee was formed to look
into killings in Balochistan. The committee had not concluded its
findings and recommendations by year's end.
Some deaths of individuals accused of crimes allegedly resulted
from extreme physical abuse while in official custody. As of December
the nongovernmental organization (NGO) Society for Human Rights and
Prisoners' Aid (SHARP) reported 61 civilian deaths after encounters
with police and 89 deaths in jails, a decrease from the previous year.
The police stated these deaths occurred when suspects attempted to
escape, resisted arrest, or committed suicide. Human rights observers,
family members, and the media reported that security forces staged many
of the deaths. Lengthy trial delays and failures to discipline and
consistently prosecute those responsible for killings contributed to a
culture of impunity.
On May 17, security officials shot and killed five unarmed Chechen
and Tajik nationals at the Kharotabad check post in Quetta,
Balochistan, after accusing them of being terrorists. Chief Minister of
Balochistan Nawab Aslam Raisani ordered a judicial inquiry into the
incident. On June 28, the inquiry commission presented its report to
the provincial government, which declared police and FC officials at
the check post responsible for the incident and recommended action
against them. No action had been taken against these officials by
year's end. On December 29, following a beating earlier in the year,
unknown assailants in Quetta killed surgeon Dr. Baqir Shah, who
conducted the autopsy on the five foreigners and was a key witness in
the case.
On June 26, the newspaper Dawn reported that the Sindh Rangers shot
and killed Sarfaraz Shah after he was ``caught red-handed'' while
stealing cash and valuables from visitors at the Benazir Shaheed Park.
Footage broadcast on news channels and YouTube showed that the unarmed
youngster was shot from very close range by one of six soldiers
gathered around him as Sarfaraz pled for mercy. On August 12, a court
sentenced one of the soldiers to death and gave five others life
sentences. Authorities also removed the provincial chiefs of police and
rangers in Karachi. However, the director general in charge at the time
of the abuse was reinstated and promoted to lieutenant general on
October 4.
There were no developments in a 2009 extrajudicial killing case in
which an Internet video showed men in military uniforms executing six
young men in the Swat Valley. In October 2010 Chief of Army Staff
General Afshaq Kayani ordered the establishment of a board of inquiry
to determine the identities of the uniformed personnel seen in the
video. The military had not publicly announced the conclusions of its
investigation by year's end, and no one had been held accountable.
In April 2010 a three-member U.N. commission presented its report
on the 2007 assassination of former prime minister Benazir Bhutto. The
report stated that the former government led by Pervez Musharraf did
not protect Bhutto and that intelligence agencies hindered the
subsequent investigation. On November 5, an antiterrorism court
indicted two police officers, including the former Rawalpindi chief of
police, and five members of the Pakistani Taliban, for criminal
conspiracy and murder.
Politically motivated killings also continued. In Balochistan,
nationalist, political, and intellectual leaders remained targets of
attacks during the year. For example, on January 18, the Daily Times
reported that the bullet-riddled bodies of three Baloch political
activists were found in Ormara, Makran, and Khuzdar. They were
identified as Balochistan National Movement member Naseer Kamalan, a
poet and political activist, who allegedly was abducted by the FC in
November 2010; Ahmed Dad, an activist of the Baloch Republican Party;
and Nisar Ahmed Mengal, the younger brother of the late Rasool Bakhsh
Mengal, the central joint secretary of the Balochistan National Party-
Mengal (BNP-M). Other attacks on Baloch political activists included
the March 14 killing of BNP-M leader Agha Mahmood Ahmedzai in Kalat;
the June 2 killing of National Party leader Nasim Jangian in Turbat;
the June 23 killing of Mir Rustam Khan Marri, former leader of the BNP-
M in Jaffarabad District; the July 21 killing of BNP-M leader Jumma
Khan Raisani in Khuzdar; and the September 27 killing of BNP-M leader
Abdul Salam in Khuzdar.
The South Asia Terrorism Portal reported that journalists,
teachers, students, and human rights defenders also were being targeted
in Balochistan. In total, at least 542 civilians were believed to be
victims of extrajudicial killings during the year.
There were significant reports of politically motivated killings by
political factions or unknown assailants in the city of Karachi, Sindh.
According to a report by the Human Rights Commission of Pakistan
(HRCP), 1,138 persons were killed in political violence in Karachi
during the first six months of the year, 490 of which were targeted
killings. On August 28, the National Assembly formed a 17-member all-
party committee headed by Minister for Religious Affairs Syed Khursheed
Ahmed Shah to probe the killings and violence in Karachi and
Balochistan and submit its report in two months. No report had been
submitted by year's end; however, the Supreme Court heard a case on its
own motion regarding Karachi violence from August 26 to October 6. On
October 6, the Supreme Court issued its decree against Sindh provincial
authorities for failing to address a breakdown of law and order in
Karachi.
The elected civilian government, especially the coalition partner
Awami National Party (ANP) in KP, remained the target of attacks. On
May 28, at Matta tehsil in Swat, KP, unidentified militants killed ANP
President Muzaffar Ali Khan when they attacked his guesthouse with hand
grenades and automatic weapons.
During the year two high profile government officials were
assassinated for publicly criticizing blasphemy laws and for calling
for reform of those laws. On January 4, Punjab Governor Salman Taseer
was killed by his bodyguard. On October 1, the Rawalpindi Anti-
Terrorism Court sentenced Taseer's killer, Malik Mumtaz Qadri, to
death. Qadri filed an appeal of the sentence on October 6. The appeal
was pending in the Islamabad High Court at year's end.
On March 2, Shahbaz Bhatti, the federal minister for minorities,
was shot and killed in Islamabad. According to press reports, at least
two unidentified attackers were involved. The gunmen left pamphlets,
reportedly from al-Qaida and Tehrik-e-Taliban Pakistan (TTP), accusing
Bhatti of blasphemy. The assailants fled the scene and were not
captured. The investigation continued at year's end.
b. Disappearance.--During the year kidnappings and forced
disappearances continued, with reports of disappearances in nearly all
areas of the country. Some police and security forces held prisoners
incommunicado and refused to disclose their location. Human rights
organizations reported that many Sindhi and Baloch nationalists were
among the missing, and there were reports of disappearances during the
year in connection with the conflicts in FATA and KP (see section
1.g.).
Nationalist political parties in Sindh Province reported
disappearances and claimed that some of their members were in the
custody of the intelligence agencies. Hindu communities in interior
Sindh also reported an increase in kidnapping for ransom; many families
fled to India as a result. According to an HRCP report, 18 families
left within one week in October.
Amnesty International reported that Muzaffar Bhutto, general
secretary of the nationalist party Jeay Sindh Muttaheda Mahaz, was
abducted on February 25 in Hyderabad, Sindh. Police and intelligence
agencies allegedly picked up Jeay Sindh Qaumi Mahaz (JSQM) leader
Sikander Aakash Mallah and his aide, Noor Mohammad Khaskheli, from
Hyderabad, Sindh, in 2009. They were released in March in Sadiqabad,
Punjab. At a press conference in Karachi on April 4, Mallah accused
intelligence agencies of abducting him and alleged that they were
planning to abduct more nationalist leaders to torture or kill them.
The Supreme Court continued its hearings on missing person's cases.
On July 12, the Supreme Court observed that from January to July the
number of missing persons in the judicial system increased to 228. The
duration of the three-member judicial commission of inquiry on enforced
disappearance, formed by the federal government in March 2010, was
extended as the Supreme Court referred new cases to it. In September
Justice Javed Iqbal was appointed head of the inquiry commission. The
commission's mandate included preparing a comprehensive list of missing
persons, suggesting ways to trace the missing persons, and finding
those responsible for their disappearance. As of December the
commission was examining 418 cases.
Disappearances from Balochistan remained a problem, with Baloch
political groups demanding political and human rights. On April 6,
Federal Interior Minister Rehman Malik informed the Senate that 203
persons were missing in Balochistan. The mutilated dead bodies of 355
missing persons were found from June 2010 to December 2011. According
to the Voice of Baloch Missing Persons (VBMP), more than 785 persons
had disappeared since January; the bodies of 35 of them were found. The
VBMP estimated that more than 14,000 persons had disappeared in
Balochistan since 2001.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits torture and other cruel,
inhuman, or degrading treatment, but there were reports that security
forces, including the intelligence services, tortured and abused
individuals in custody. The law has no specific section about torture;
it sanctions only ``hurt'' and does not mention punishing perpetrators
of torture.
According to a June 24 statement by the Asian Human Rights
Commission (AHRC), the absence of both proper complaint centers and a
particular section in the criminal code to define and prohibit torture
contributed to the spread of such practices. The AHRC stated that there
had been no serious effort by the government to make torture a crime in
the country, and the state provided impunity to the perpetrators, who
were mostly either policemen or members of the armed forces.
The NGO SHARP reported that, as of December 15, police tortured
persons in more than 8,000 cases, compared with findings of 4,069 cases
in 2010. Human rights organizations reported that methods of torture
included beating with batons and whips, burning with cigarettes,
whipping the soles of feet, prolonged isolation, electric shock, denial
of food or sleep, hanging upside down, and forced spreading of the legs
with bar fetters. Torture occasionally resulted in death or serious
injury. Observers noted the underreporting of torture throughout the
country.
On September 9, the newspaper the Nation reported that a prisoner
died after police torture in Chiniot, Punjab. The district police
suspended five policemen, including the station house officer. One
month later the police in Chiniot again were accused of torture when
police reportedly tortured women who were protesting the death of a
member of their family at the hands of the police.
There were reports that police raped women. On April 14, Dawn
reported that four policemen gang-raped a Christian health technician
in her residential quarters in a hospital in Washak, Quetta. Two
policemen were arrested, while two escaped. At year's end there were no
further developments in the case.
There were accusations that security forces raped women during
interrogations. The government rarely took action against those
responsible. There also were reports that police sexually abused street
children (see section 6, Children).
The practice of cutting off a woman's nose or ears, especially in
connection with ``honor'' crimes, was reported often, but government
officials did little to combat the practice (also see section 6,
Women). Parallel local council meetings (jirgas) consisted of
assemblies of tribal elders who make decision by consensus; their
decisions are recognized as legal by their communities. These jirgas
announced inhumane punishments, such as honor killings, for those
accused of violating tribal customs.
There were no reported developments in the following cases from
2010: the five police officers arrested for torturing robbery suspects
in Chiniot, Punjab, in March; the alleged rape by police officers of a
13-year-old-girl at the Wah Cantonment Police Station in May; and the
alleged police torture of a female prisoner at the Sialkot central jail
in May.
Prison and Detention Center Conditions.--Prison conditions were
often extremely poor and failed to meet international standards. Police
sometimes tortured and mistreated those in custody and at times
committed extrajudicial killings. Overcrowding was common, except for
the cells of wealthy or influential prisoners. Prisons and detention
centers were managed largely by the provincial governments. Human
rights groups that surveyed prison conditions found sexual abuse,
torture, and prolonged detention prevalent. Prisons could not be
described as correctional institutions, because the conditions in many
of the prisons were so inhuman that criminals often left more hardened
than before their incarcerations.
Inadequate food and medical care in prisons led to chronic health
problems and malnutrition for those unable to supplement their diets
with help from family or friends. In many facilities provisions for
sanitation, ventilation, lighting, and access to potable water were
inadequate.
Most prison facilities were of antiquated construction, without the
capacity to control indoor temperatures. A system existed for basic and
emergency medical care, but it did not always function effectively.
Prisoners sometimes also had to pay bribes, and bureaucratic procedures
slowed access to medical care. Foreign prisoners often remained in
prison long after completion of their sentences because they were
unable to pay for deportation to their home countries.
There were several reports of prison riots during the year.
Grievances that provoked the riots included overcrowding, deprivation
of legal rights, slow disposition of cases, behavior of the jail
administration, and lack of facilities. On March 16, the Daily Times
reported that at least seven prisoners were killed and 30 persons
(including police) were injured when prisoners in Hyderabad Central
Jail fought with jail administration officials. Protesting prisoners
climbed onto the rooftops of their barracks and complained about the
blockage of water, gas, and electricity.
Minority prisoners generally were afforded poorer facilities than
Muslims and often suffered violence at the hands of fellow inmates.
Christian and Ahmadi communities claimed that their members were more
likely to be abused in prison. The Center for Legal Aid and Assistance
reported that conditions were often worse for those prisoners accused
of violating the blasphemy laws.
According to an August 2010 report in Dawn, all 32 jails in Punjab
Province faced acute overcrowding. Official figures indicated that
these jails operated at 40 percent over capacity during the year. As of
April 2, 53,208 prisoners were in Punjab's 32 prisons, which had an
authorized capacity of 21,527 inmates. According to Punjabi prisons
department officials, overcrowding not only caused security,
accommodation, and health problems for inmates but also adversely
affected the general administration of jails.
In KP province there were 8,582 prisoners, with an official
capacity of approximately 8,340, according to the KP inspector general
of prisons. During a Senate committee meeting on May 17, Senator Azam
Khan Swati said that there seemed to be no effort by the government to
release detainees who had completed their sentences years ago. The
National Judicial Policy Making Committee noted that, after the
implementation of the 2009 national judicial policy aimed at speeding
up the process of court hearings and deciding cases, in Sindh the
number of jail inmates was reduced from 20,000 to 13,464.
Police often did not segregate detainees from convicted criminals.
Prisoners with mental illness usually lacked adequate care and were not
separated from the general prison population.
Prison officials often kept juvenile offenders in the same
facilities as adults but in separate barracks. Nevertheless, at some
point during their imprisonment, children were mixed with the general
prison population. Often children were subject to abuse, rape, and
violence from other prisoners and prison staff.
According to the Society for the Protection of the Rights of the
Child (SPARC), the bulk of juvenile prisoners were kept in Punjab's 29
prisons. At the end of May there were 725 child prisoners in Punjab;
103 were convicted, and 622 were in the trial process. By July there
were 1,056 juvenile prisoners in the trial process and 161 convicted
juveniles in the country's four provinces. SPARC stated that juvenile
prisoners were among the worst off in the country. The jail conditions
in which they were held were extremely poor. Many spent longer periods
behind bars because they were unable to pay bail. Rather than being
rehabilitated, the majority of child prisoners became hardened
criminals by spending long periods in the company of adult prisoners.
Juveniles accused of terrorism or narcotics offenses were not
protected under the Juvenile Justice System Ordinance. SPARC reported
that children as young as age 12 were arrested under the Antiterrorism
Act for terrorism. Children convicted under the act could be sentenced
to death, although no case existed of a child being executed under the
act.
Women were held in separate spaces from men in some, but not all,
prisons. There were many reports of violence against women and rape in
the prisons.
The 18th amendment to the constitution mandated that religious-
minority prisoners be given places to worship inside jails. It was not
clear whether this law was implemented.
There is an ombudsman for detainees, with a central office in
Islamabad and one in each province. Although a complaint system existed
for prisoners to submit grievances, it did not function effectively.
Inspectors general of prisons visited prisons and detention facilities
to monitor conditions, but visits were not regular. According to
government officials, this system was based on complaints filed by
individuals reporting misbehavior of civil servants.
According to SHARP, by law prison authorities must permit prisoners
and detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhuman conditions. After submitting a complaint, an inmate must remain
in the same prison with the same prison authorities. Therefore,
although there were many problems and an available channel for
complaints, prisoners often remained silent to avoid confrontation with
the jail authorities.
The International Committee of the Red Cross (ICRC) reported great
difficulty in accessing detention sites, in particular those holding
security-related detainees. In July 2010 the ICRC suspended prison
visits in Punjab because it could no longer have regular access to
detainees in that region.
Despite ongoing dialogue with the government, authorities did not
authorize ICRC visits to any detention sites in the provinces most
affected by violence--KP, FATA, and Balochistan. However, the
governments of Sindh, Gilgit-Baltistan, and Pakistan-administered
Kashmir permitted the ICRC to conduct independent monitoring in civil
prisons. ICRC delegates made confidential reports on their findings,
offered recommendations to authorities, and, where relevant, initiated
water-sanitation improvement projects.
Authorities at the local, provincial, and national levels permitted
some human rights groups and journalists to monitor prison conditions
for juveniles and female inmates.
According to SHARP the government did little to improve conditions
in detention facilities and failed to monitor existing conditions. As a
result the situation appeared to deteriorate.
d. Arbitrary Arrest or Detention.--The law prohibited arbitrary
arrest and detention, but authorities did not always comply. This
problem was compounded by widespread corruption.
Role of the Police and Security Apparatus.--Police have primary
internal security responsibilities for most of the country. By law
control of local police falls under the Ministry of Interior. The
Rangers are a paramilitary organization under the authority of the
Ministry of Interior, with branches in Sindh and Punjab. The armed
forces are responsible for external security. At times during the year
they also were assigned domestic security responsibilities.
The Frontier Crimes Regulations (FCR) provide the framework for law
and order in FATA. The FCR has long been criticized for several harsh
and inhuman provisions, some of which were mitigated when President
Zardari amended the FCR on August 12. Major changes in the FCR related
to banning the collective responsibility of a tribe, restricting the
arbitrary nature of the powers of political agents or district
coordination officers, and granting citizens the right to challenge the
decisions of political agents in courts.
The FCR is implemented through a political agent who reports to the
president through the KP governor. In lieu of police, multiple law
enforcement entities operated in FATA. These included the paramilitary
Frontier Scouts, which report to the Ministry of Interior in peacetime
and the army in times of conflict; the Frontier Constabulary, which
patrols the area between FATA and KP; levies, which operate in FATA and
report to the political agent; khassadars (hereditary tribal police),
which help the political agent maintain order; and lashkars (tribal
militias), which are convened by tribal leaders to deal with temporary
law and order disturbances.
Police effectiveness varied greatly by district, ranging from
reasonably good to ineffective. Some members of the police committed
human rights abuses or were responsive to political interests.
Frequent failure to punish abuses contributed to a climate of
impunity. Police and prison officials frequently used the threat of
abuse to extort money from prisoners and their families. The inspectors
general, district police officers, district nazims (chief elected
officials of local governments), provincial interior or chief
ministers, federal interior minister, prime minister, or courts can
order internal investigations into abuses and order administrative
sanctions. Executive branch and police officials can recommend, and the
courts can order, criminal prosecution. These mechanisms sometimes were
used.
The court system remained the only means available to investigate
abuses by security forces.
Police often failed to protect members of religious minorities,
including Christians, Ahmadis, and Shia Muslims, from attacks.
There were improvements in police professionalism during the year.
As in previous years, the Punjab provincial government conducted
regular training and retraining in technical skills and protection of
human rights for police at all levels.
Arrest Procedures and Treatment While in Detention.--A First
Information Report (FIR) is the legal basis for any arrest. Police
ability to initiate an FIR is limited, but for certain crimes the
police may initiate an FIR. Often a different party must file the FIR,
depending on the type of crime, not whether there is reasonable proof
of a crime. An FIR allows police to detain a suspect for 24 hours,
after which a magistrate can order detention for an additional 14 days
if police show that the detention is material to their investigation.
In practice some authorities did not observe these limits on detention.
There were reports that authorities filed FIRs without supporting
evidence to harass or intimidate detainees or did not file them when
adequate evidence was provided unless the complainant paid a bribe.
Individuals frequently had to pay bribes to visit a prisoner.
Foreign diplomats could meet with prisoners when they appeared in court
and could usually meet with citizens of their countries in prison,
although government officials sometimes delayed access.
Arbitrary Arrest.--There were reports that some police detained
individuals arbitrarily without charge or on false charges to extort
bribes for their release. There were reports that some police also
detained relatives of wanted individuals to compel suspects to
surrender (also see section 1.f.).
Pretrial Detention.--Police routinely did not seek a magistrate's
approval for investigative detention and often held detainees without
charge until a court challenged the detention. When requested,
magistrates approved investigative detention without requiring further
justification. In cases of insufficient evidence, police and
magistrates sometimes colluded to issue new FIRs, thereby extending
detention beyond the 14-day period.
The district coordination officer may recommend preventive
detention for as long as 90 days to the provincial home department and,
with the approval of the Home Department, can extend it for an
additional 90 days. The law stipulates that detainees must be brought
to trial within 30 days of their arrest.
The law defines bailable and nonbailable offenses. On April 18,
President Zardari signed the Code of Criminal Procedure (Amendment)
Bill, 2011, which grants statutory bail to prisoners undergoing trial
and to convicts whose trials and appeals are pending over a prescribed
time limit. Under the law prisoners undergoing trial are entitled to
statutory bail if charged with any offense not punishable by death and
if they have been detained for one year. In the case of an offense
punishable by death, the accused is eligible for statutory bail if the
trial has not been concluded in two years.
Judges sometimes denied bail at the request of police or the
community, or upon payment of bribes. In some cases trials did not
start until six months after the FIR, and in some cases individuals
remained in pretrial detention for periods longer than the maximum
sentence for the crime with which they were charged. SHARP estimated
that in 2010 approximately 55 percent of the prison population was
awaiting trial. This situation remained unchanged due to a lack of
change in the judicial system. The high number of inmates awaiting
trial remained a large burden on the country's jails. In some cases
detainees were informed promptly of charges brought against them.
NGOs reported that bail sometimes was denied in blasphemy cases
under the premise that, because defendants faced the death penalty,
they were likely to flee.
Special rules apply to cases brought to court by the National
Accountability Bureau (NAB), which under the law established courts for
corruption cases. Suspects may be detained for 15 days without charge
(renewable with judicial concurrence) and, prior to being charged, may
be deprived of access to counsel. During the year the NAB rarely
exercised this power. All offenses under the NAB are nonbailable, and
only the NAB chairman has the power to decide whether to release
detainees.'
Antiterrorism courts had the discretion not to grant bail for some
charges if the court had reasonable grounds to believe the accused was
guilty.
Under the FCR in FATA, political agents had legal authority to
detain individuals preventively, and require ``bonds'' to prevent
undesired activity. In August the FCR was amended to exempt women over
age 65 and children below age 16 from collective punishment. Collective
punishment is applied incrementally, starting with the first immediate
male family members, followed by the subtribe, and continuing outward.
Although this reduces its scope, the FCR still assigns collective
punishment without regard to individual rights. Human rights NGOs
expressed concern about the concept of collective responsibility, as
authorities used it as a pretext to detain members of fugitives'
tribes, demolish their homes, confiscate or destroy their property, or
lay siege to a fugitive's village pending his surrender or punishment
by his own tribe in accordance with local tradition.
Under the amended FCR, indefinite detention is not allowed, and
appeals can be made before the FCR tribunal. If wrongfully punished,
prisoners have the right to compensation. Cases must be decided within
a specified period of time, and arrested persons can be released on
bail. Prisoners must be brought before the FCR authorities within 24
hours of detention, curtailing the arbitrary right of political agents
to arrest and hold persons for up to three years. The accused have the
right of appeal via a two-tiered system, which starts with an appellate
authority composed of a commissioner and an additional judicial
commissioner.
Under the FCR in FATA and the Provincially Administered Tribal
Areas (PATA), security forces may restrict the activities of terrorism
suspects, seize their assets for up to 48 hours, and detain them for as
long as one year without charges. Human rights and international
organizations reported that an unknown number of individuals allegedly
affiliated with terrorist organizations were held indefinitely in
preventive detention, tortured, and abused. In many cases these
prisoners were held incommunicado and were not allowed prompt access to
a lawyer of their choice; family members often were not allowed prompt
access to detainees.
The Actions in Aid of Civil Power Regulation 2011, which came into
force on June 23, grants wide powers to the military. The regulation
allegedly responded to the need for a permanent federal statute to
regulate the armed forces when called upon in aid of civil power in
order to give them legal authority to handle detainees under civilian
supervision. Retroactive to 2008, the regulation empowers the KP
governor in the FATA, and the KP government in the PATA, to direct the
armed forces to intern suspected terrorists. Critics said that the
regulation violated the country's constitution because, among other
things, it empowers the armed forces to occupy property, makes
statements or depositions by military officers sufficient to convict an
accused, and makes all evidence collected, received, or prepared by the
interning authority both admissible and dispositive of guilt. Others
noted that the regulation establishes a legal framework where none
previously existed, prohibits the abuse or misuse of force by the
military, and allows for more transparent treatment of detainees by
requiring registration upon apprehension and providing a legal process
for transfer of detainees from military to civilian authorities for
prosecution. It also creates an appeals process for detainees and their
relatives and, importantly, limits the powers of the armed forces in
administering the regulation. Reports in November and December
indicated that transfers of detainees had begun.
Amnesty.--On November 25, the Supreme Court dismissed the
government's review petition against its ruling declaring the National
Reconciliation Ordinance (NRO) illegal. The petition was heard by a 17-
judge full court headed by Chief Justice Iftikhar Mohammad Chaudhry. In
2007 then president Musharraf promulgated the NRO to provide an amnesty
mechanism for public officeholders who were accused but not convicted
of corruption, embezzlement, money laundering, murder, and terrorism
between January 1, 1986, and October 2, 1999. The Supreme Court struck
down the NRO in 2009.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but in practice the judiciary often was subject
to external influences, such as fear of reprisal in terrorism cases. In
nonpolitical cases the media and the public generally considered the
high courts and the Supreme Court credible.
There were extensive case backlogs in the lower and superior
courts, as well as other problems that undermined the right to
effective remedy and the right to a fair and public hearing. Delays in
justice in civil and criminal cases arose due to antiquated procedural
rules, weak case management systems, costly litigation to keep a case
moving in the system, and weak legal education. According to Chief
Justice Iftikhar Chaudhry, at the start of the new judicial year on
September 12, 19,323 cases were pending before the Supreme Court. A
total of 1.4 million cases were pending in the entire judicial system.
The jurisdiction of the Supreme Court and the high courts does not
extend to several areas that operate under separate judicial systems.
For example, Azad Kashmir has its own elected president, prime
minister, legislature, and court system independent of the country's
judiciary. Gilgit-Baltistan also has a separate judicial system.
Many lower courts remained corrupt, inefficient, and subject to
pressure from prominent wealthy, religious, and political figures. The
politicized nature of judicial promotions increased the government's
control over the court system. Unfilled judgeships and inefficient
court procedures continued to result in severe backlogs at both the
trial and appellate levels.
Informal justice systems lacking the legal protections of
institutionalized justice systems continued, especially in rural areas,
and often resulted in human rights violations. Feudal landlords and
other community leaders in Sindh and Punjab, and tribal leaders in
Pashtun and Baloch areas, continued to hold local council meetings
(known as panchayats or jirgas), at times in defiance of the
established legal system. Such councils settled feuds and imposed
tribal penalties on perceived wrongdoers, including fines,
imprisonment, or even the death penalty. Women often were sentenced to
violent punishments or death for ``honor''-related crimes (see section
6). In Pashtun areas, primarily located in FATA, such councils were
held under the outlines of the FCR. Assistant political agents,
overseen by political agents and supported by tribal elders of their
choosing, are legally responsible for justice in FATA and conduct
hearings according to Islamic law and tribal custom. Under the
pashtunwali code of conduct, a man, his family, and his tribe are
obligated to take revenge for wrongs, real or perceived, to redeem
their honor. Frequently disputes arose over women and land. They often
resulted in violence.
The traditional settling of family feuds in tribal areas,
particularly those involving killing, could result in giving daughters
of the accused in marriage to the bereaved. Many tribal councils
instituted harsh punishments, such as the death penalty, ``honor
killings,'' or watta-satta marriages (exchange of brides between clans
or tribes). The Sindh Minister for Human Rights, Nadia Gabol, called
for a ban on jirgas in July 2010; however, there was no progress on
this matter.
The AHRC reported that since 2002 more than 4,000 individuals, two-
thirds of them women, have died by order of jirga courts in the
country. Although the superior courts declared these rulings illegal,
the AHRC reported that some of those involved in implementing jirgas
were members of parliament.
Trial Procedures.--The civil, criminal, and family court systems
provide for public trial, presumption of innocence, cross-examination
by an attorney, and appeal of sentences. There are no trials by jury.
Although defendants have the right to be present and consult with an
attorney, courts appointed attorneys for indigents only in capital
cases. Defendants bear the cost of legal representation in lower
courts, but a lawyer can be provided at public expense in appellate
courts. Defendants can confront or question witnesses brought by the
prosecution and present witnesses and evidence on their behalf.
Defendants and attorneys have legal access to government-held evidence
relevant to their cases. Due to the limited number of judges, a heavy
backlog of cases, lengthy court procedures, frequent adjournment, and
political pressure, cases routinely lasted for years, and defendants
had to make frequent court appearances.
SPARC stated that juvenile prisoners were subject to a slow process
due to a lack of special juvenile courts or judges, and it concluded
that a fair and just juvenile justice system did not exist in the
country.
The Anti-Terrorism Act allows the government to use special
streamlined courts to try persons charged with violent crimes,
terrorist activities, acts or speech designed to foment religious
hatred, and crimes against the state. After arrest, suspects must be
brought before the antiterrorism courts within seven working days, but
the courts are free to extend the period. Human rights activists
criticized the expedited parallel system, charging it was more
vulnerable to political manipulation.
Cases under the Hudood Ordinance (a law enacted in 1979 by the
military ruler Zia-ul-Haq to implement Islamic law by enforcing
punishments mentioned in the Qur'an and Sunnah for extramarital sex,
false accusation of extramarital sex, theft, and drinking of alcohol)
are appealed first to the Federal Shariat Court. The Supreme Court has
ruled that in cases in which a provincial high court decides in error
to hear an appeal in a Hudood case, the shariat courts lack authority
to review the provincial high court's decision. The Shariat Appellate
Bench of the Supreme Court is the final court of appeal for shariat
court cases. The Supreme Court may bypass the Shariat Appellate Bench
and assume jurisdiction in such appellate cases. The shariat courts may
overturn legislation they judge inconsistent with Islamic tenets, but
such cases are appealed to the Shariat Appellate Bench of the Supreme
Court and ultimately may be heard by the full bench of the Supreme
Court.
Courts routinely failed to protect the rights of religious
minorities. Judges sometimes were pressured to take action against
perceived offenses to Sunni orthodoxy. For example, the judge who
upheld a sentence against Governor Taseer's murderer was threatened,
had his offices ransacked, and ultimately fled to Saudi Arabia.
Laws prohibiting blasphemy continued to be used discriminatorily
against Muslims, Christians, Ahmadis, and members of other religious
groups. Lower courts often did not require adequate evidence in
blasphemy cases, and some accused and convicted persons spent years in
jail before higher courts eventually overturned their convictions or
ordered them freed.
In 2009 Muslim villagers accused a Christian woman, Aasia Bibi, of
blasphemy after a dispute at work. Police arrested Bibi, and she was
denied bail under the blasphemy laws. In November 2010 a court
sentenced Bibi to death for her crime, the first woman sentenced to
death for blasphemy. The verdict in the case touched off a massive
debate within the country about the blasphemy laws, with religious
extremists calling for her execution and more moderate voices calling
for her pardon or an appeal of the guilty verdict. At year's end Bibi
was waiting for her appeal to be heard at the Lahore High Court (also
see the Department of State's International Religious Freedom Report at
www.state.gov/j/drl/irf/rpt.)
Political Prisoners and Detainees.--Some Sindhi and Baloch
nationalist groups claimed their members were marked for arrest and
detained based on their political affiliation or beliefs. Under the
2009 Aghaz-e-Huqooqe Balochistan package (which was intended to address
the province's political, social, and economic problems), the
government announced a general amnesty for all Baloch political
prisoners, leaders, and activists in exile, as well as those allegedly
involved in ``antistate'' activities, dropping all cases against Baloch
leaders. Despite the amnesty some Baloch groups claimed that the
illegal detention of nationalist leaders by state agencies continued.
According to the JSQM, during the year authorities arrested between
30 and 40 Sindhi nationalists from several parties who remained missing
at year's end. Some nationalist parties in Sindh, including the JSQM,
claimed that their members remained in the custody of government
agencies.
Civil Judicial Procedures and Remedies.--Persons may petition the
courts to seek redress for various human rights violations, and courts
often took such actions. Individuals may seek redress in civil courts
against government officials, including on grounds of denial of human
rights in civil courts. Observers reported that civil courts seldom, if
ever, issued official judgments in such cases, and most cases were
settled out of court. Although there were no official procedures for
administrative redress, informal reparations were common.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law requires court-issued search warrants for
property but not for persons. Police sometimes ignored this requirement
and at times stole items during searches. Police seldom were punished
for illegal entry. Sometimes police detained family members to induce a
suspect to surrender (see section 1.d.). In cases pursued under the
Anti-terrorism Act, security forces were allowed to search and seize
property related to the case without a warrant.
Several domestic intelligence services monitored politicians,
political activists, suspected terrorists, and the media. These
services included the Inter-Services Intelligence agency (ISI), the
police Special Branch, and Military Intelligence. Credible reports
indicated that authorities routinely used wiretaps and intercepted and
opened mail without the requisite court approval. NGOs suspected that
authorities monitored mobile phones and electronic correspondence.
Although the government generally did not interfere with the right
to marry, local officials on occasion assisted influential families in
preventing marriages to which the families were opposed. The government
also failed to prosecute cases in which families punished members
(generally women) for marrying or seeking a divorce against the wishes
of other family members.
NGOs alleged that intelligence personnel often harassed family
members of Baloch nationalists. Collective punishment, which involved
detention of relatives or members of the same tribe, took place in FATA
under the FCR (see section 1.d.).
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year militant and terrorist activity continued in different
areas of KP and FATA, and there were numerous suicide and bomb attacks
in all four provinces and FATA. Militants and terrorist groups,
including the TTP, a militant umbrella group, targeted civilians,
journalists, schools, community leaders, security forces, and law
enforcement agents, killing hundreds and injuring thousands with bombs,
suicide attacks, and other forms of violence. Militant and terrorist
groups often attacked religious minorities. A low-level insurgency
continued in Balochistan.
The government implemented some measures to protect the population.
The government also took actions to weaken terrorist ties around the
country and prevent recruitment by militant organizations. For example,
law enforcement agencies reported the seizure of large caches of
weapons in urban areas such as Islamabad and Karachi. Police arrested
Karachi gang members and TTP commanders who provided logistical support
to militants in the tribal areas. Police arrested would-be suicide
bombers in major cities of the country, confiscating weapons, suicide
vests, and attack planning materials. The government continued to
operate a center in Swat to rehabilitate and educate former child
soldiers.
Poor security, intimidation by security forces and militants, and
the control the government and security forces exercised over access by
nonresidents to FATA continued to make it difficult for human rights
organizations and journalists to report on military abuses in the
region.
Political, sectarian, and ethnic violence in Karachi worsened
during the year. The tenuous balance between political parties and the
ethnic and sectarian groups they represent was broken by significantly
altered demographics in the city. The 2005 earthquake that devastated
the North and the 2010 floods that affected seven million Sindhis
resulted in a large influx of citizens from different ethnic groups to
Karachi. Although there was no precise total of new city residents, the
growth of illegal settlements, both within the city and along its
outskirts, suggested a tremendous rise in Sindhi, Baloch, and Pashtun
migrants. Political parties and their affiliated gangs vied for
political and economic control of these new populations by
independently assessing their ``allegiances.'' The parties engaged in a
turf war over ``bata'' (extortion) collection privileges and
``ownership'' over katchi abadis (illegal/makeshift settlements). The
flashpoints of violence in Karachi were Lyari, Orangi, Katti Pahari,
Qsba Colony, Pak Colony, and Shah Faisal Colony. HRCP estimated that
between 925 and 1,400 persons died in sectarian and political violence
between January and August.
Killings.--During the year there were reports of civilian
casualties and extrajudicial killings committed by government security
forces during operations against militants. On April 9, Interior
Minister Rehman Malik informed the Senate that in the preceding two
years, in 2,488 acts of terrorism, as many as 3,169 persons were killed
and 9,479 others injured. Between January and December, 2,489 civilians
and 735 security personnel were killed as a result of terrorist attacks
across the country.
Militant and terrorist bombings in all four provinces and in FATA
resulted in hundreds of deaths and thousands of injuries. According to
the South Asia Terrorism Portal, during the year terrorist and
extremist attacks and operations to combat terrorism and extremism
resulted in 6,142 deaths, of which nearly 2,580 were civilians, more
than 765 were security forces, and more than 2,797 were terrorists or
insurgents. There were also reports of attacks on civilians in
Balochistan by groups prohibited by the government.
On September 7, at least 28 persons, including an FC colonel and
the wife of the FC deputy inspector general (DIG), were killed in two
suicide attacks outside the official residence of the DIG in Quetta,
Balochistan. The DIG, Brigadier Farrukh Shahzad, and 16 FC personnel
were among 82 persons injured in the attacks.
On March 10, the Daily Times reported that a suicide bomber blew
himself up at funeral prayers in Peshawar, killing 37 persons and
injuring more than 50. The target was a group of more than 200 members
of an anti-Taliban militia who had gathered to offer the funeral
prayers for the wife of a known anti-Taliban militiaman.
Abductions.--During the year there were reports of civilians
kidnapped or taken hostage by militant groups in FATA, KP, Punjab, and
Balochistan. On September 3, the TTP claimed responsibility for
kidnapping 27 young men in Bajaur Agency and keeping them captive in
Afghanistan's Kunar Province. The TTP demanded the release of scores of
prisoners and an end to tribal elders' support of offensives against
them.
On March 30, unidentified armed men kidnapped lawyer Farzand Ali
from the Surab area. According to the Daily Times, the lawyer, a
resident of Usta Muhammad, Jaffarabad, was going to Karachi from Quetta
in his car when unidentified armed men stopped his vehicle, pulled him
out at gunpoint, and kidnapped him.
In August two high-level kidnappings were reported in Lahore,
Punjab. On August 14, American national Warren Weinstein, age 70, was
taken from his home in Lahore. On August 26, armed gunmen took Shabhaz
Taseer, son of slain Punjab governor Salmaan Taseer, from his car in
Lahore. On December 1, al-Qaida claimed responsibility for Weinstein's
abduction.
Child Soldiers.--Nonstate militant groups kidnapped boys and girls
and used fraudulent promises to coerce parents into giving away
children as young as age 12 to spy, fight, or die as suicide bombers.
The militants sometimes offered parents money, often sexually and
physically abused the children, and used psychological coercion to
convince the children that the acts they committed were justified. On
June 20, security forces took into custody a nine-year-old would-be
suicide bomber at Darra Islam check post in Lower Dir and were informed
by the girl that militants from Peshawar kidnapped her for the purpose
of carrying out a suicide attack.
Other Conflict-related Abuses.--A September 26 report by the HRCP
Khyber Pakhtunkhwa chapter for the year 2009-10 stated that the second
most serious impact of militant attacks in tribal areas was on health
facilities for women. The report stated that almost 80 hospitals were
attacked by the militants and military operations against them, and it
noted that of 13 sanctioned posts for gynecologists in tribal areas, 10
were vacant and female health staff were reluctant to perform duty in
the region due to growing militancy.
On September 21, militants attacked an ambulance that was carrying
persons injured in an attack on Shias in Quetta, killing three more
persons.
On June 14, armed men took over a major private hospital, Liaquat
National Hospital, in Karachi. They fired shots inside the health
facility, ransacked its offices, and forced the administration to
suspend several services, including the emergency unit.
On July 6, security forces started demolishing a private hospital
in Miranshah, FATA, used by the TTP and other militants, one day after
a nearby bomb attack killed three troops and wounded 15.
Militants bombed government buildings and attacked and killed
female teachers. The TTP particularly targeted girls' schools to
demonstrate its opposition to girls' education; however, the TTP also
destroyed boys' schools. Military operations created hardships for the
local civilian population when militants closed key access roads and
tunnels and attacked communications and energy networks, disrupting
commerce and food and water distribution.
In KP elected civilian government officials and their families,
especially those representing the ANP, were major targets of attacks.
As a result of militant activity and military operations in KP and
FATA that began in 2008 and continued throughout the year, large
population displacements occurred. Although an estimated 1.9 million
conflict-affected persons returned home during the past two years,
there were still more than one million internally displaced persons
(IDPs) living with host communities, in rented accommodations, or in
camps at the beginning of the year. The government and U.N. agencies
such as the Office of the U.N. High Commissioner for Refugees (UNHCR)
and UNICEF collaborated to provide assistance and protection to those
affected by the conflict and to assist in their return home (see
section 2.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press. However,
threats, harassment, violence, and killings led journalists and editors
to practice self-censorship.
Freedom of Speech.--The government impeded criticism by monitoring
political activity. Citizens could criticize the government publicly or
privately; however, they were restricted when criticizing the military.
Blasphemy laws restricted individuals' right to free speech concerning
matters of religion and religious doctrine. According to the
constitution, every citizen has the right to free speech, subject to
``any reasonable restriction imposed by law in the interest of the
glory of Islam'' or the integrity, security, or defense of the country.
Freedom of the Press.--The independent media was active and
expressed a wide variety of views; journalists often criticized the
government. Previously unreported events, such as persecution of
minorities, were covered; however, journalists were restricted when
criticizing or questioning the role of the military. Section 99 of the
penal code allows the government to restrict information that might be
prejudicial to the national interest. An increase in threats and
violence against journalists who reported on sensitive issues such as
security force abuses was observed during the year. The government also
impeded criticism by monitoring political activity and controlling the
media.
There were numerous independent English, Urdu, and regional
language daily and weekly newspapers and magazines. To publish within
Azad Kashmir, owners of newspapers and periodicals had to obtain
permission from the Kashmir Council and the Ministry of Kashmir
Affairs. The Ministry of Information and Broadcasting controlled and
managed the country's primary wire service, the Associated Press of
Pakistan, the official carrier of government and international news to
the local media. The military had its own media-monitoring wing within
Inter Services Public Relations, the military's public relations
department. The government-owned and -controlled Pakistan Television
(PTV) and Pakistan Broadcasting Corporation operated radio stations
throughout the country. The law does not extend to FATA or PATA, and
independent radio stations were allowed to broadcast in FATA with the
permission of the FATA Secretariat.
There were instances in which the government shut down private
television channels and blocked certain media outlets from
broadcasting. The broadcasters asserted that the language of broadcast
laws was vague, leading to instances of abuse and arbitrary broadcast
restrictions by the Pakistan Electronic Media Regulatory Authority
(PEMRA). The NGO Intermedia reported that PTV did not operate under the
purview of the law and benefitted from a monopoly on broadcast license
fees. According to Freedom House, authorities used the PEMRA rules to
silence the broadcast media either by suspending licenses or
threatening to do so.
Private cable and satellite channels broadcast domestic news and
were critical of the government, despite some self-censorship. Private
radio stations existed in major cities, but their licenses prohibited
news programming. Some channels evaded this restriction by discussing
news in talk shows. International radio broadcasts, including the BBC
and the Voice of America, were normally available, but sometimes PEMRA
shut them down for periods of time, and starting November 29, BBC
broadcasts were blocked.
Violence and Harassment.--During the year security forces,
political parties, militants, and other groups subjected media outlets
and journalists and their families to violence and harassment.
Journalists were abducted. Media outlets that did not practice self-
censorship were often the targets of retribution.
According to the Committee to Protect Journalists, seven
journalists were killed between January and December for reporting on
sensitive topics. Reporters Without Borders reported nine journalists
were killed and two imprisoned. During the year a number of journalists
were also reportedly subjected to physical attack, harassment,
intimidation, kidnapping, or other forms of pressure.
On May 29, journalist Saleem Shahzad was abducted in Islamabad. His
tortured body was discovered on May 31. He reportedly received threats
from the ISI about his article in Asia Times Online linking the navy
with al-Qaida. A judicial inquiry into his death continued at year's
end; nonprofit organizations and other observers suspected government
involvement in his killing.
On June 19, the Guardian reported that Waqar Kinai, its
correspondent in Islamabad, was beaten badly by uniformed men who said
that they wished to ``make an example'' of him after he published an
account of abduction and torture by suspected government intelligence
agents.
Censorship or Content Restriction.--The few small, privately owned
wire services and media organizations generally practiced self-
censorship, especially in news reports involving the military. Private
cable and satellite channels also practiced self-censorship at times.
The government continued to restrict and censor some published
material, while blasphemy and anti-Ahmadi laws restricted publication
on certain topics. Foreign books needed to pass government censors
before being reprinted, but there were no reports of book bans during
the year. Books and magazines could be imported freely but were subject
to censorship for objectionable sexual or religious content. Obscene
literature, a category the government defined broadly, was subject to
seizure.
On November 14, the government ordered all cell phone operators to
filter and block text messages passing through their systems that
contained certain vulgar English and transliterated Urdu words. Cell
phone operators were given seven days to comply with this ruling, but
on the eve of the deadline, the largest telecoms operators in the
country announced that the government agreed to delay implementation
until all parties involved could reach a mutual agreement regarding the
enforcement of the ruling. The order was not implemented by year's end.
In September a jirga of the Basikhel tribe, which forms half of the
total population of Torghar District, KP, imposed a ban on the use of
cell phones with cameras in its territory. In so doing it followed the
example of the Madakhel tribe, which imposed a similar ban after a man
was killed in June for taking a picture of a local woman.
Publishing Restrictions.--Foreign magazines and newspapers were
available. There were few restrictions on international media, with the
important exception of a complete blockade of Indian television news
channels.
Nongovernmental Impact.--Militants and criminal elements killed,
kidnapped, beat, and intimidated journalists and their families,
leading many to practice self-censorship. Conditions for reporters
covering the conflict in FATA, KP, and Balochistan remained difficult,
with a number of correspondents detained, threatened, expelled, or
otherwise prevented from covering events there by militant or local
tribal groups. In a number of instances, militants attacked
journalists' homes in retaliation for their reporting.
Internet Freedom.--Individuals and groups could express their views
freely via the Internet and by e-mail. However, there were reports of
some restrictions on Internet access and reports that the government
monitored Internet use, some e-mail, and Internet chat rooms. According
to a Freedom House report, the government justified politically
motivated restrictions on Internet freedom as necessary for security
purposes. There were also reports that the government attempted to
control some Web sites, including extremist and proindependence Baloch
Web sites. The provincial government in Balochistan blocked access to a
Baloch human rights blog run by journalists.
The law creates a number of offenses involving the misuse of
electronic media and systems and the use of such data in other crimes.
It also stipulates that cyberterrorism resulting in a death is
punishable by the death penalty or life imprisonment.
On September 19, the Lahore High Court ordered the Ministry of
Information Technology to block access to all Web sites ``spreading
religious hatred.'' The ruling came out of a case seeking a permanent
ban on Facebook for hosting a competition of what were considered
blasphemous caricatures of the prophet Mohammed. Facebook remained
accessible at year's end.
While Google, YouTube, and Skype were accessible at year's end, on
September 18, the local and international press reported that the
interior minister announced that the government reserved the right to
ban such Web sites and programs if they refused to assist the Federal
Investigative Agency (FIA) in investigating crimes and terrorism.
The Pakistan Telecommunications Authority (PTA) is responsible for
the establishment, operation, and maintenance of telecommunications and
possesses complete control over all content broadcast over
telecommunications channels. In July the PTA ordered Internet service
providers (ISPs) to report if customers were using virtual private
networks (VPNs) and voice-over-Internet protocol (VOIP) to browse the
Web or communicate. The PTA insisted that the ban on VPN access was
intended to shut down illegal call centers and enable authorities to
monitor potentially criminal behavior. At year's end VPNs and VOIP were
both accessible.
Restrictions on Internet traffic were enforced during the year.
Citing blasphemy laws, the PTA banned Internet users from accessing
popular social networks, such as Facebook, after a user launched a
contest to draw a cartoon of the Prophet Muhammad. The ban was enforced
only sporadically. The restrictions also made it impossible for persons
to access the Web site for Rolling Stone magazine after it published an
article on the high proportion of the country's national budget
apportioned to its military. The story quoted a column written in the
New York Times that questioned military spending when more resources
needed to be directed to fight militants and insurgent groups. Since it
was not possible to block specific URLs on Web sites, the whole domain
was offline to readers beginning in July. In November the press
reported that the PTA also asked ISPs to block access to more than
1,000 pornographic Web sites; the PTA was compiling a list of an
additional 170,000 sites to ban.
Academic Freedom and Cultural Events.--The government generally did
not restrict academic freedom. However, members of student
organizations, typically with ties to political parties, fostered an
atmosphere of violence and intolerance that limited the academic
freedom of fellow students. On some university campuses in Karachi,
armed groups of students, most commonly associated with the All
Pakistan Mutahidda Students Organization (affiliated with the Muttahida
Qaumi Movement) and the Islami Jamiat Talaba (affiliated with Jamaat-e-
Islam), clashed with and intimidated other students, instructors, and
administrators over issues such as language, syllabus content,
examination policies, grades, doctrines, and dress. These groups
frequently influenced the hiring of staff, admissions to universities,
and sometimes the use of institutional funds. They generally achieved
such influence through a combination of protest rallies, control of
campus media, and threats of mass violence. In response university
authorities prohibited political activity on many campuses, but the ban
had limited effect.
There was minor government interference with art exhibitions or
other musical or cultural activities. The Ministry of Culture operated
the Central Board of Film Censors, which previewed and censored sexual
content in foreign and domestic films before exhibition in the country.
In August a police station house officer reportedly beat a gallery
owner and abused patrons because of their preferences in dress and art.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and freedom of association, subject to
restrictions.
Freedom of Assembly.--Although the constitution provides for the
freedom of assembly, in practice the government placed selective
restrictions on it. By law district authorities can prevent gatherings
of more than four persons without police authorization. The law permits
the government to ban all kinds of rallies and processions, except
funeral processions, for reasons of security.
Authorities generally prohibited Ahmadis from holding conferences
or gatherings.
There were several successful protests, strikes, and demonstrations
throughout Sindh, both peaceful and violent. Law enforcement agencies
did not have the capacity to intervene and prevent these gatherings.
Karachi Electric Supply Company employees protested for nearly three
months between May and July for the reinstatement of 4,500 employees
the company dismissed in one day.
Freedom of Association.--The constitution provides for freedom of
association subject to restrictions imposed by law. According to the
now-dissolved Ministry of Social Welfare and Special Education, there
were more than 100,000 NGOs working in the country; however, due to the
fragmented legal and regulatory framework, the exact number of NGOs was
not known.
During the year threats to civil society continued, with ``softer
targets'' such as schools more frequently becoming a focus of attacks.
On September 13, militants attacked a school bus in the suburbs of
Peshawar, killing four children and the bus driver. On January 25, two
workers of the NGO Balochistan Rural Support Program were shot and
killed in the Ghanja Dori area of Mastung District in Balochistan.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country and for uninhibited foreign travel,
emigration, and repatriation, but the government limited these rights
in practice.
The government cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers, and
other persons of concern.
In-Country Movement.--The government's restrictions on access to
certain areas of FATA, KP, and Balochistan, often for security
concerns, hindered the ability of humanitarian assistance providers to
deliver aid to vulnerable populations.
Foreign Travel.--The law prohibits travel to Israel, and the
country's passports include a statement that they are ``valid for all
countries except Israel.'' Government employees and students must
obtain ``no objection certificates'' from the government before
traveling abroad. This requirement rarely was enforced for students.
Persons on the Exit Control List (ECL) were prohibited from foreign
travel. Although the ECL was intended to prevent those with pending
criminal cases from traveling abroad, no judicial action was required
for the Ministry of Interior to add a name to the ECL. The ECL
sometimes was used to harass human rights activists or leaders of
nationalist parties. Those on the list had the right to appeal to the
courts for removal of their names.
Internally Displaced Persons (IDPs).--The government does not have
laws to protect IDPs but implemented policies to assist them, meeting
the U.N. Guiding Principles on Internal Displacement. Registration of
women continued to be a problem. In more conservative regions of the
country, particularly rural areas, authorities did not uphold or
enforce a woman's right to be registered.
At the end of 2010 approximately 1.2 million persons, mostly
originating from FATA, remained displaced in KP. During the year the
number of IDPs fluctuated due to militant activity, military
operations, and ongoing IDP returns to KP and FATA. As of November more
than 853,000 persons remained displaced in the northwest.
The majority of conflict-affected IDPs resided with host families,
in rented accommodations, or, to a lesser extent, in camps. The
government continued to consolidate and close IDP camps during the
year. Of the three remaining, Jalozai camp in Nowshera District of KP
hosted the largest in-camp conflict-affected IDP population, with
32,499 residents as of December, mostly from Bajaur Agency.
Military operations in Mohmand Agency early in the year and in
Kurram Agency in the summer contributed to the total number of conflict
IDPs in the country. In Mohmand the combined number of IDPs registered
in the two camps (Danish Kohl and Nahqi) established to host families
displaced by the conflict exceeded 35,000 at its peak. As of December
both camps were closed with the remaining displaced (624 families with
3,758 individuals) moved to Jalozai camp in Nowshera District. More
than 13,000 displaced families were registered as displaced in Kurram,
with 3,000 families housed in the New Durrani camp and the remainder
with host families or in government buildings.
The government continued to facilitate voluntary returns to
multiple agencies with support from the international humanitarian
community. As of December the government reported that nearly 23,000
families returned to Orakzai, 68,000 families returned to Bajaur,
41,600 families returned to Mohmand, and 6,500families returned to
South Waziristan.
The government required humanitarian organizations assisting
civilians displaced by military operations to request nonobjection
certificates (NOCs) to access Mohmand and Kurram agencies in FATA. The
requirement to obtain NOCs delayed by approximately one to two weeks
the delivery of U.N. assistance to Mohmand and Kurram beneficiaries.
The government established IDP camps inside the agencies where the
military operations took place, despite the access and security
concerns raised by humanitarian agencies. Humanitarian agencies
providing assistance in the camps were exposed to the danger of
travelling to and within FATA. There were no security incidents in the
camps by year's end. U.N. agencies had access to the camps, and there
were no reports of involuntary returns.
The government coordinated with the UNHCR the voluntary and safe
return of IDPs. For IDPs who were not ready to return, the government
coordinated support with the UNHCR and other international
organizations. The World Food Program distributed food rations to IDPs
displaced by conflict.
Heavy rainfall during the monsoon season affected more than five
million persons, destroyed crops, and severely damaged thousands of
homes in Sindh Province. An estimated 1.8 million persons were
displaced to some 6,000 informal settlements during the height of the
disaster. The Provincial Disaster Management Authority-Sindh led the
relief efforts, with assistance from the National Disaster Management
Authority, the Pakistani Red Crescent, and the armed forces. In
contrast to the 2010 floods, the government initially believed that the
Sindh monsoon floods, which started in early August, were within its
capabilities. However, by September the government acknowledged that
the disaster exceeded its capabilities and requested international
assistance. On September 17, the U.N. and the government jointly
released a Rapid Response Plan, requesting $357 million to address
flood-related relief needs until March 2012. The government and the
international humanitarian community, including the U.N. continued to
discuss the development of a 12-month Early Recovery Framework.
According to the Sindh Provincial Disaster Management Authority, as of
December, 91 percent of displaced persons had returned to their areas
of origin.
Protection of Refugees.--The country is a party to neither the 1951
U.N. Convention relating to the Status of Refugees nor its 1967
Protocol.
Access to Asylum.--No legislation provides for asylum or refugee
status. The country lacks a legal and regulatory framework for the
management of refugees and migration. Although there is no legislation
excluding asylum seekers and refugees from the provisions of the law
regarding illegal entry and stay or conferring legal status, the
government in most cases provided protection against the expulsion or
involuntary return of registered refugees to countries where their
lives or freedom would be threatened. The country cooperated with the
UNHCR in protecting, assisting, and voluntarily repatriating Afghan
refugees.
Since 1979 the government provided temporary protection to millions
of refugees from Afghanistan. According to the UNHCR, at year's end an
estimated 1.7 million registered Afghan refugees remained in the
country, while another 52,096 voluntarily repatriated to Afghanistan
between March 1 and December 31. The government and the UNHCR agreed to
continue voluntary repatriation throughout the year (voluntary
repatriation season usually ends in November and restarts in March) and
remained in discussions about opening two additional Voluntary
Repatriation Centers in KP, for a total of four in the country. There
were no credible estimates of how many Afghans were undocumented or
unregistered, but estimates put the number at more than one million.
The law states that anyone born in the country is a citizen. However,
the courts' interpretation of this law was that the principle of birth
in the country could not be read in isolation and independently of the
other sections of the act concerning citizenship by descent in the case
of the children of Afghan refugees. The courts decided that given the
``temporary'' nature of Afghans' presence in the country, the law would
not be applied to the Afghan population, and Afghan children therefore
were not granted Pakistani citizenship. Under the Secure Card for
Afghan Citizens project, the National Database and Registration
Authority (NADRA) issued birth certificates to 776, 683 Afghan children
below the age of 18, identifying them as Afghan citizens.
The government cooperated with the UNHCR to conduct a Population
Profiling Verification and Response (PPVR) exercise and an Afghan
Citizens' Contribution to Economy study for Afghans in the country. The
PPVR, completed in December, was intended to provide the government and
the UNHCR detailed information about the socioeconomic conditions and
needs of Afghans in the country. In March 2010 the cabinet approved the
Management and Repatriation Strategy for Afghans in Pakistan 2010-12,
which along with voluntary repatriation contemplated the possibility of
legal alternative stay solutions for refugees, including such measures
as the following: issuing 150,000 work permits to registered Afghans
for students, businessmen or investors, and skilled laborers; granting
permanent residency to Afghan refugees' female-headed households;
issuing business permits to refugees who have invested more than 5
million rupees ($55,500); and encouraging Afghan students to continue
or complete their studies in Pakistan. In March 2010 Prime Minister
Gilani extended Proof of Registration (PoR, the official documents held
by registered refugees that allow them to legally remain in Pakistan)
status through December 2012. The government implemented some of the
measures that the 2010-12 strategy contemplated, such as conducting a
population profile, but had not implemented residency measures or
issued work permits for Afghan refugees. The Ministry of States and
Frontier Regions approved a pilot project for issuance of 1,000 visas
to Afghan refugees during the year under four categories, (students,
businessmen, skilled/unskilled workers, and female-headed households).
However, at year's end the rights attached to these visas were under
negotiation.
The government generally abstained from forcibly returning Afghans
with PoR cards, although from January to early September it deported 17
PoR cardholders. Refugees' PoR was due to expire in December 2012.
There also were credible allegations that the government deported
between 50 and 60 unregistered Afghans per week.
According to the UNHCR, fewer than half of registered Afghan
refugees lived in 83 refugee villages in KP (71), Balochistan (11), and
Punjab (one). Nearly 60 percent of registered Afghans lived in urban
areas. More than half of this population came from five provinces in
Afghanistan: Nangarhar, Kabul, Kunduz, Logar, and Paktya.
Refugee Abuse.--Refugees faced societal discrimination and abuse
from local communities, who resented economic competition and blamed
refugees for high crime rates and terrorism. Single women, female-led
households, and children working on the streets were particularly
vulnerable to abuse and trafficking.
Police in many cases demanded bribes from refugees. There were
credible reports that members of the intelligence services also
harassed refugees. There were also many reports of extortion of
refugees who participated in the UNHCR's voluntary repatriation
process, since such refugees were known to receive repatriation grants
($150 in cash assistance per family member upon return to Afghanistan).
Employment.--Refugees were not allowed to work legally, but many
worked as day laborers or in informal markets. Refugees often were
exploited in the informal labor market. Refugee women and children were
particularly vulnerable, accepting underpaid and undesirable positions
in workplaces.
The government did not authorize the former residents of Azakhel,
an Afghan refugee village in KP destroyed by the 2010 floods, to return
to their destroyed village to rebuild it. The village stands on
valuable land that land speculators sought to seize for development
following the floods. By mid-July nearly 23,000 Afghans still were
displaced from Azakhel, living in tents near the village or staying
with relatives or in rented rooms. The UNHCR was assisting these
families until the government authorized them to return to the village.
The refugees did not regard alternative camp sites offered to them as
viable for earning livelihoods.
Access to Basic Services.--Afghan refugees could avail themselves
of the services of the police and courts, but some, particularly the
poor, were afraid to do so. Any refugee registered with both the UNHCR
and the government-run Commissionerate of Afghan Refugees is, in
theory, able to obtain admission to public education facilities after
filing the proper paperwork. In practice most registered Afghans
attended private Afghan schools or schools sponsored by the
international community. There were no reports of refugees being denied
access to health facilities on the basis on nationality.
In many instances local governments or even individuals determined
which rights and services Afghan refugees could use. For example, the
governor of the State Bank decided that Afghans could not have bank
accounts, but NADRA regularly verified for banks the identity of
refugees who wished to open accounts.
Although there is no legislation specifically permitting Afghans to
obtain a driver's license, Afghans drove a large percentage of the
trucks in KP. Although there were a number of Afghan schools funded by
foreign assistance, Afghan children usually had no problem attending
the country's primary schools. For older students, particularly in
cities, access was harder. Even Afghans who grew up in the country
needed a student visa to attend the country's universities, but they
qualified for student visas on the basis of their PoR cards.
Durable Solutions.--For the mainstreaming of refugee programs in
the development and annual programs of U.N. agencies, the UNHCR signed
memoranda of understanding with UNESCO, the World Health Organization,
UNICEF, and the U.N. Entity for Gender Equality and the Empowerment of
Women to strengthen partnerships in finding durable solutions for
Afghan refugees. Under the Refugee Affected and Hosting Areas (RAHA)
initiative, a joint initiative among the government, U.N. and
implementing partners under the framework of U.N. reforms in Pakistan,
more than 575 projects had been completed since the RAHA initiative's
launch in 2009, mainly in the provinces of Balochistan and KP, which
were both home to high concentrations of Afghan refugees.
The government did not accept refugees for resettlement from other
countries or facilitate local integration. While the government did not
have a system to confer refugee status or asylum, it generally
abstained from forcibly returning other foreigners with asylum
certificates or refugee cards granted by the UNHCR, which had the
responsibility of determining refugee status in the absence of
government procedures.
Stateless Persons.--Statelessness continued to be an issue during
the year. There is no national legislation on statelessness.
International and national agencies estimated there were possibly
thousands of stateless persons deriving from the breakup of India and
Pakistan, and of Pakistan and Bangladesh.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides the majority of citizens with the right to change
their government peacefully, and the country held national and
provincial elections in 2008 that brought opposition parties to power.
Gilgit-Baltistan, Azad Kashmir, and FATA have different political
systems, and of these only FATA had representation in the national
parliament.
Residents of FATA are represented in the national parliament but do
not have a voice in federal decision making over the tribal areas, an
authority that belongs to the president. Tribal residents do not have
the right to change their local government, because unelected civilian
bureaucrats nominally ran the tribal agencies. The elected councils in
FATA, set up in 2007 to provide local representation within the tribal
areas, have not been given an active role in governing the tribal
areas. In August President Zardari signed the Extension of the
Political Parties Order 2002 to the Tribal Areas. Through this decree
the government allows political parties to operate freely in FATA.
Azad Kashmir has an interim constitution, an elected unicameral
assembly, a prime minister, and a president who is elected by the
assembly. Both the president and legislators serve five-year terms. Of
the 49 assembly seats, 41 are filled through direct elections, and
eight are reserved seats (five for women and one each for
representatives of overseas Kashmiris, technocrats, and religious
leaders). However, the federal government exercised considerable
control over the structures of government and electoral politics. Its
approval is required to pass legislation, and the federal minister for
Kashmir affairs exercised significant influence over daily
administration and the budget. The Kashmir Council, composed of federal
officials and Kashmiri assembly members and chaired by the federal
prime minister, also holds some executive, legislative, and judicial
powers. The military retains a guiding role on issues of politics and
governance. Those who do not support Azad Kashmir's accession to
Pakistan were barred from the political process, government employment,
and educational institutions. They also were subject to surveillance,
harassment, and sometimes imprisonment by security services.
Elections and Political Participation.--Recent Elections.--In 2008
the country held national parliamentary elections that brought former
opposition parties into a coalition government led by the PPP under the
leadership of Prime Minister Gilani. The elections were postponed
multiple times, the last time due to the assassination of PPP leader
Benazir Bhutto in 2007. In the 2008 indirect presidential election,
Asif Ali Zardari, Bhutto's widower, became president, succeeding Pervez
Musharraf, who had resigned. The broad coalition government was
dissolved in 2009, leaving the PPP to govern with a smaller majority in
league with several partners.
For the 2008 elections, the Election Commission of Pakistan (ECP)
reportedly accredited approximately 25,000 domestic observers, the
majority of whom were from the Free and Fair Election Network (FAFEN).
The EU and Democracy International also observed. In 2008, for the
first time in the country's history, the ECP released the certified
results of the elections broken down by polling station, a step toward
greater transparency. The government permitted all existing political
parties to contest the elections; although several boycotted, the
largest parties participated. International and domestic observers
found the 2008 parliamentary election competitive and noted that the
results appeared to reflect the will of the voters, despite significant
flaws in the process.
Security services and feudal landlords intimidated voters and
political parties throughout the country, according to FAFEN. In
particular, observers noted that some police pressured candidates and
political party workers by threatening to register cases against them.
Police often reportedly did not allow rallies for opposition parties
and pressured individuals to vote for certain parties. FAFEN documented
cases in which intelligence services pressured candidates to withdraw.
The International Foundation for Electoral Systems noted that
formal adjudication of challenges of disputed election results was weak
and that the high courts did not meet statutorily prescribed deadlines
for adjudication in the majority of cases.
Political Parties.--There were no undue restrictions on political
parties. In most areas there was no interference with the rights to
organize, run for election, seek votes, or publicize views. In
Balochistan there were reports that both security agencies and
separatist groups harassed local political parties such as the
Balochistan National Party and the Balochistan Student Organization.
Participation of Women and Minorities.--No laws prevent women from
voting; however, cultural and traditional barriers in tribal and rural
areas impeded some women. There are 60 seats in the National Assembly
reserved for women. The reserved seats were apportioned on the basis of
total votes secured by the candidates of each political party
contesting elections to the general seats. Of the 758 seats in
provincial assemblies, 128 were reserved for women. One-third of the
seats in local councils were reserved for women. In some districts
social and religious conservatives prevented women from becoming
candidates. Women also participated actively as political party members
but were not always successful in securing leadership positions within
parties, with the exception of in the women's wing.
In the December by-election in Kohistan, Khyber-Pakhtunkhwha, a
jirga was held in which tribal leaders decided to bar women from
voting, calling female political participation ``against Islam'' and
``against tribal tradition.'' According to FAFEN, only three of 18,000
female registered voters cast a ballot in the by-election. Based on
these results, FAFEN asked the ECP to void the results ``due to
significant electoral irregularities,'' but no decision on the matter
was made by year's end.
The government required voters to indicate their religion when
registering to vote. In order to register to vote, the government
required Ahmadis to declare themselves as non-Muslims. Ahmadis consider
themselves Muslims, and as a result, the community was unable to vote.
The constitution reserves four seats in the Senate for religious
minorities--one for each of the four provinces. These seats are filled
through indirect elections held in the provincial assemblies. Ten
National Assembly seats are reserved for members of religious
minorities. The seats are apportioned to parties based on the
percentage of seats each won in the assembly. Under the law minorities
held 23 reserved seats in the provincial assemblies: eight in Punjab,
nine in Sindh, three in KP, and three in Balochistan.
Women and minorities are also allowed to contest for unreserved
seats.
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 with impunity.
Corruption was pervasive in politics and government, and various
politicians and public office holders faced allegations of corruption,
including bribery, extortion, cronyism, nepotism, patronage, graft, and
embezzlement.
On March 15, the FIA arrested former religious affairs minister
Hamid Saeed Kazmi in a case relating to his alleged corruption in
arranging residential accommodations for Pakistani hajj pilgrims in
Saudi Arabia in 2010. The case was pending in the Supreme Court at
year's end.
The National Accountability Bureau (NAB) serves as the highest-
level anticorruption organization, with a mandate to eliminate
corruption through awareness, prevention, and enforcement. During the
year the NAB was ineffective, largely because it did not have a
chairman or prosecutor general and was poorly funded. Government
officials forced the former NAB chairman to resign in June 2010 but did
not appoint a new NAB chairman until October. The new anticorruption
leader spent the remaining part of the year working to fill vacant
positions and seeking appropriate funding levels needed to carry out
adequately the NAB's mandate.
The Competition Commission of Pakistan is an independent, quasi-
regulatory, quasi-judicial body that worked to ensure competition
between companies to enhance economic efficiency and protect consumers
from anticompetitive behavior. The organization sought to prohibit
corrupt activities, such as collusive practices, abuse of market
dominance, deceptive marketing, and illegitimate mergers and
acquisitions. Despite dynamic leadership, active community engagement,
and lower-level court decisions against businesses engaged in
anticompetitive activities, the commission was hindered by insufficient
government funding and the slow progress of its cases in the judicial
court of appeals.
The 2007 National Reconciliation Ordinance (NRO), promulgated under
former president Pervez Musharraf, provided an amnesty mechanism for
public officials who were accused of corruption, embezzlement, money
laundering, murder, and terrorism between January 1, 1986, and October
12, 1999. In December 2009 the Supreme Court declared the NRO null and
void and reopened all 8,000 cases against those who had received
amnesty, including the president, ministers, and parliamentarians. In
January 2010 the Zardari government filed a review petition challenging
the Supreme Court's 2009 decision and requesting its review. On
November 25, the Supreme Court dismissed the government's review
petition, upholding its earlier decision finding the NRO null and void.
Corruption within the lower levels of the police was common. A July
2010 survey by Transparency International noted that the major cause of
corruption was lack of accountability, followed by low salaries. Some
police charged fees to register genuine complaints and accepted money
for registering false complaints. Bribes to avoid charges were
commonplace. Critics charged that appointments of station house
officers were politicized.
Widespread allegations of corruption plagued the government's
rental power plant projects (RPP), which were a priority in 2008-09 to
address the country's acute energy shortage. Citizens and
parliamentarians accused government officials of providing financial
kickbacks and awarding extravagantly priced rental power plants to
their close acquaintances. In December 2010 and January 2011, the
Supreme Court found two power companies guilty of receiving more than
970 million rupees ($10.8 million) in advance payments to provide
electricity but failing to commence commercial operations by the agreed
date. The court ordered both companies to return the funds advanced,
and the government abandoned the RPP power project as a policy
priority.
Anecdotal reports persisted about corruption in the district and
sessions courts, including reports of small-scale facilitation payments
requested by court staff. Lower-court judges lacked the requisite
independence and sometimes were pressured by superior court judges as
to how to decide a case. Lower courts remained corrupt, inefficient,
and subject to pressure from prominent wealthy, religious, and
political figures. Government involvement in judicial appointments
increased the government's control over the court system.
The law allows any citizen access to public records held by a
public body of the federal government, including ministries,
departments, boards, councils, courts, and tribunals. It does not apply
to government-owned corporations or provincial governments. The bodies
must respond to requests for access within 21 days. Certain records are
restricted from public access, including classified documents, those
that would be harmful to a law enforcement case or an individual, or
those that would cause grave and significant damage to the economy or
the interests of the nation. NGOs criticized the ordinance for having
too many exempt categories and for not encouraging proactive
disclosure.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups operated without
government restriction, investigating and publishing their findings on
human rights cases. Other groups that reported on issues implicating
the government, military, or intelligence services faced restrictions
on their operations. Very few NGOs had access to KP, FATA, and some
areas in Balochistan. While government officials were sometimes
cooperative, they were only somewhat responsive to these groups' views.
The PPP-led government delayed or blocked issuance of visas to
international staff members of organizations whose work challenged the
image of the government. There were also reports that security agencies
blocked the issuance of visas for international staff members due to
concerns about their activities and links to foreign governments.
Security threats were a problem for NGO workers due to the
instability in FATA and KP, and organizations that promoted women's
rights faced particular challenges.
The government sometimes sought international organization and NGO
technical cooperation, especially from international NGOs, in the
fields of humanitarian relief, development, environment, election
operations, and human trafficking. Human rights groups reported that
they generally had access to police stations and prisons. The
government permitted international nongovernmental human rights
observers to visit the country.
Government Human Rights Bodies.--The Senate and National Assembly
Standing Committees on Law, Justice, Minorities, and Human Rights held
hearings on a range of problems, including honor crimes, police abuse
of the blasphemy law, and the Hudood Ordinance. The committees served
as useful fora in which to raise public awareness of such problems, but
their final decisions generally adhered to government policy. The
committees did not do more than conduct broad oversight. The
Parliamentarians' Commission for Human Rights, an interparty caucus of
parliamentarians, lobbied for reform in several areas.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equality for all citizens and broadly
prohibits discrimination based on race, religion, caste, residence, or
place of birth; however, in practice there was significant
discrimination based on each of these factors. Two new laws were passed
to protect women: one to enhance the penalties for acid attacks, the
other to criminalize practices intended to prevent women from marrying,
being given to settle disputes, or inheriting property.
Women.--Rape and Domestic Violence.--Rape is a criminal offense,
with punishment that ranges from a minimum of 10 to 25 years in prison
and a fine to the death penalty. The penalty for gang rape is either
death or life imprisonment, but in practice sentences were often less
severe. Although rape was frequent, prosecutions were rare. Spousal
rape is not a crime under the current penal code.
Under the law the crime of rape falls under the jurisdiction of
criminal rather than Islamic courts. The NGO Aurat Foundation estimated
that 88 percent of women in prison were convicted of adultery, many of
them after reporting rape. Under the law in cases of rape police are
not allowed to arrest or hold a woman overnight at a police station
without a civil court judge's consent. The law requires a complaint to
be made directly to a sessions court. After recording the victim's
statement, the sessions court judge officially lodges a complaint,
after which police can then make any arrests. While this procedure was
meant to eliminate problems relating to social norms that make it
difficult for women to go to the police, NGOs reported that it created
other barriers for rape victims who did not have money to travel to the
courts or access to the courts. Rape continued to be a severely
underreported crime.
In December 2010 the Federal Shariat Court (FSC) declared several
clauses of the law un-Islamic and unconstitutional. The verdict sought
to reinstate certain provisions of the 1979 Hudood Ordinance and expand
the FSC's jurisdiction in cases of adultery and false accusations of
adultery. The FSC directed its judgment to the federal government, as
well as the provincial and Islamabad high courts for implementation.
The federal government appealed the FSC's decision to the Supreme Court
in May. The Supreme Court had not set a hearing date by year's end.
There were no reliable national, provincial, or local statistics on
rape due to underreporting and the lack of any centralized law
enforcement data collection system. However, based on media reports,
the Aurat Foundation estimated that nationally 396 women were raped
between January and June.
Prosecutions of reported rapes were rare. Police and NGOs reported
that false rape charges sometimes were filed in different types of
disputes, reducing the ability of police to assess real cases and
proceed with prosecution. NGOs reported that police at times were
implicated in rape cases. NGOs also alleged that police sometimes
abused or threatened victims, demanding that they drop charges,
especially when police received bribes from suspected perpetrators.
Some police demanded bribes from some victims before registering rape
charges, and investigations were sometimes superficial. While the use
of postrape medical testing increased during the year, medical
personnel in many areas did not have sufficient training or equipment,
which further complicated prosecutions. Extra judicial resolutions to
rape accusations were common, with a victim often forced to marry her
attacker.
In September the family members of Kainat Soomro, a 2007 gang rape
victim, were attacked in Karachi. In June 2010 Sabir Soomro, the
brother of Kainat Soomro was found dead near Khuzdar, Balochistan. The
family alleged that the perpetrators had been pressuring the family to
withdraw the case. All four accused men previously had been acquitted
and released. At the end of June 2010, President Zardari ordered a new
inquiry; there was no new information on the inquiry at year's end.
On April 21, a three-member bench of the Supreme Court, headed by
Justice Shakirullah Jan, upheld the original verdict of the Lahore High
Court in the Mukhtar Mai gang-rape case. Initially 14 defendants were
charged with either rape or collusion to commit rape; eight of the
defendants were acquitted in the original trial. Of the six convicted
of rape by the trial court, five were acquitted on appeal, and the
sixth had his death sentence commuted to life imprisonment. In May
Barrister Aitzaz Ahsan filed a review petition. The petition sought a
review of the three-member bench decision by a large bench. This
petition remained pending at year's end.
Rape by police officials also was a problem (see section 1.c.).
No specific law prohibits domestic violence, which was a widespread
and serious problem. Husbands reportedly beat and occasionally killed
their wives. Other forms of domestic violence included torture,
physical disfigurement, and shaving the eyebrows and hair off women's
heads. In-laws abused and harassed the wives of their sons. Dowry and
family-related disputes often resulted in death or disfigurement by
burning or acid.
According to the Aurat Foundation, the media reported 8,539 cases
of violence against women, a decrease from 2010. The foundation's data
showed there were reports of 1,575 women killed, 2,089 abducted, 610
victims of domestic violence, 110 sexually assaulted, 44 victims of
acid attacks, 29 victims of burning, 827 raped, and 758 as having
committed suicide. The foundation noted that their analysis attributed
the reduction in reporting to a declining law and order situation in
Sindh and Balochistan as well as flooding in July.
According to a 2008 HRCP report, 80 percent of wives in rural
Punjab feared violence from their husbands, and nearly 50 percent of
wives in developed urban areas admitted that their husbands beat them.
Women who tried to report abuse faced serious challenges. Police
and judges were sometimes reluctant to take action in domestic violence
cases, viewing them as family problems. Instead of filing charges,
police typically responded by encouraging the parties to reconcile.
Abused women usually were returned to their abusive family members.
Women were reluctant to pursue charges because of the stigma attached
to divorce and their economic and psychological dependence on
relatives. Relatives were hesitant to report abuse due to fear of
dishonoring the family.
To address societal norms that frowned on victims who reported
gender-based violence and abuse, the government established women's
police stations, staffed by female officers, to offer women a safe
haven where they could safely report complaints and file charges. Men
are also able to utilize these police stations. The 12 women's police
stations in the country were located in Karachi (3), Larkana (1),
Hyderabad (1), Sukkur (1), Lahore (1), Faisalabad (1), Rawalpindi (1),
Peshawar (1), Abbottabad (1), Quetta (1), and the Islamabad Capital
Territory (ICT) in Islamabad City. Women's police stations continued to
struggle with understaffing and limited equipment. Training for female
police officers and changing cultural assumptions of male police
officers also remained challenges. Due to restrictions on women's
mobility and social pressures related to women's public presence,
utilization of women's police centers was limited, but NGOs and
officials reported that use was growing and that more centers were
needed.
The government operated the Crisis Center for Women in Distress,
which referred abused women to NGOs for assistance. A total of 26
government-funded Shaheed Benazir Bhutto centers for women across the
country provided women with temporary shelter, legal aid, medical
treatment, and psychosocial counseling. These centers served women who
were victims of exploitation and violence. Victims later were referred
to ``darul aman'' (approximately 200 centers for women and child
victims established with funds from the Provincial Women Development
Department). These centers provided shelter, access to medical
treatment, limited legal representation, and some vocational training.
Many government centers were full beyond capacity and lacked sufficient
staff and resources. In some cases women were abused at the government-
run shelters, found their movements severely restricted, or were
pressured to return to their abusers.
Harmful Traditional Practices.--Women were victims of various types
of societal violence and abuse, including honor killings; facial,
bodily, and genital mutilation; forced marriages; imposed isolation;
and being used to settle disputes. Women often were treated as chattel,
and perpetrators were often husbands and other male family members.
Hundreds of women reportedly were victims of honor killings. Many
cases went unreported and unpunished. The Aurat Foundation reported 382
honor killings between January and June and estimated that less than 2
percent of all honor killings were reported. The practice of ``karo-
kari'' continued across the country. (Karo-kari is a form of
premeditated honor killing that occurs if a tribal court or jirga
determines that adultery or some other ``crime of honor'' occurred.
Karo-kari means ``black male'' (karo) and ``black female'' (kari),
metaphoric terms for someone who has dishonored the family or is an
adulterer or adulteress.) Once a woman is labeled as a kari, male
family members have the self-authorized justification to kill her and
any co-accused karo to restore family honor. In many cases the karo is
not killed or is able to flee.
Human rights groups criticized the law banning karo-kari because it
allows the victim or the victim's heirs to negotiate physical or
monetary restitution with the perpetrator in exchange for dropping
charges.
Police in Sindh established karo-kari cells with a toll-free
telephone number in the districts of Sukkur, Ghotki, Khairpur, and
Nausharo Feroze for persons to report karo-kari incidents. Because
honor crimes generally occurred within families, many went unreported.
However, police and NGOs reported that increased media coverage enabled
law enforcement to take some action against a limited number of
perpetrators.
The practice of cutting off a woman's nose or ears, especially in
relation to honor crimes, was reported (also see section 1.c.). For
example, on June 20, Muhammad Riaz cut off his 22-year-old wife's nose
before turning himself over to police in Haripur, KP. He accused his
wife of having an affair.
Many young girls and women were victims of forced marriages
arranged by their families. Although forced marriage is a criminal
offense and many cases were filed, prosecution remained a problem.
There were reports of citizens abroad bringing their daughters back to
the country, taking away their legal documents, and forcing them into
marriage against their will.
The practice of buying and selling brides also continued in rural
areas, although prohibited by law. Many tribes, communities, or
families continued the practice of sequestering women from all contact
with men other than their relatives. Despite prohibitions on handing
over women as compensation for crimes or as a resolution of a dispute
(also known as ``vani'' or ``swara''), the practice continued in Punjab
and KP. In rural Sindh landowning families continued the practice of
``marriage to the Qur'an,'' forcing a female family member to stay
unmarried to avoid division of property. Property of women married to
the Qur'an remained under the legal control of their fathers or eldest
brothers, and such women were prohibited from contact with any man
older than age 14. These women were expected to stay in the home and
not to contact anyone outside their families.
In response to these issues, on December 12, the Senate unanimously
passed the Prevention of Anti-Women Practice Amendment 2008. The law
criminalizes and punishes giving a female in marriage as consideration
to settle a civil or criminal dispute; depriving a woman of her rights
to properly inherit movable or immovable property by deceitful or
illegal means; coercing or in any manner compelling a woman to enter
into marriage; and compelling, arranging, or facilitating the marriage
of a woman with the Qur'an, including forcing her oath on the Qur'an to
remain unmarried or not to claim her share of an inheritance. During
the same session the Senate also unanimously passed the Acid Control
and Acid Crime Practice Bill 2010, which makes maiming or killing via
corrosive substance a crime and imposes stiff penalties against
perpetrators. These laws are not applicable to FATA and PATA unless the
president issues a notification in this regard.
A third bill, passed on December 13, promises economic and other
support to women in prison who are unable to defend themselves legally
or post bail for lack of familial support and funds.
NGOs and women's activists stressed that while these laws were
positive steps, implementation remained a serious challenge.
Sexual Harassment.--Sexual harassment was a widespread problem.
Press reports indicated that harassment was especially high among
domestic workers and nurses. In a survey conducted by the Daily Times
in August 2010, female government and private sector employees
complained about the abusive behavior of their male colleagues and
senior officials. They said some officers sought ``undue favors'' by
blocking salaries, benefits, promotions, transfers, and postings.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of children but often lacked the
information and means to do so. Young girls and women were especially
vulnerable to problems related to sexual and reproductive health and
reproductive rights. They often lacked information and means to access
care. Spousal opposition also contributed to the challenges women faced
in obtaining contraception or delaying pregnancy. Access by women,
particularly in rural areas, to health and reproductive rights
education remained difficult due to social constraints. For these same
reasons data collection was also difficult.
Only 39 percent of births took place in the presence of a skilled
birth attendant; within the poorest 20 percent of the population, this
figure dropped to 16 percent. According to the 2006-2007 Demographic
and Health Survey, 35 percent of women received no prenatal care.
According to UNICEF's data, 61 percent of woman received antenatal care
at least once during their pregnancy or delivery, with only 28 percent
receiving it four times or more.
According to UNICEF's 2009 State of the World's Children Report,
the country had a maternal mortality rate of 276 deaths per 100,000
live births; the high rate was attributed to lack of information and
services. Women in rural areas were at twice the risk of dying of
birth-related causes than women in urban areas (maternal mortality
rates of 319 and 175 deaths per 100,000 live births, respectively). The
rate increased to 785 deaths per 100,000 live births in Balochistan
Province. Few women in rural areas had access to skilled attendants
during childbirth, including essential obstetrics and postpartum care.
According to UNICEF the situation for mothers and children in the
country was complicated by deteriorating security, which caused
displacement and affected access to medical services, especially in KP
and FATA.
According to a 2007 U.N. Population Fund estimate, only 17 percent
of the country's women between the ages of 15 and 24 knew that a person
could reduce HIV risk through condom use. Women were less likely than
men to be diagnosed and treated for sexually transmitted infections,
due to the social stigma attached to visiting a doctor, among other
factors. According to the UNAIDS 2009 report, the country had an
estimated 98,000 HIV cases, of which approximately 28,000 were women
age 15 or older; the National Aids Control Program (NACP) estimated
that only 5 percent of cases were actually recorded. Although HIV
prevalence among women was less than 1 percent, some groups of women,
including professional prostitutes, women, and girls forced into
prostitution, and wives of migrant workers were highly vulnerable.
Discrimination.--Women also faced legal and economic
discrimination. The law prohibits discrimination on the basis of sex,
but in practice authorities did not enforce this provision. Women faced
discrimination in family law, property law, and the judicial system.
Family law provides protection for women in cases of divorce, including
requirements for maintenance, and lays out clear guidelines for custody
of minor children and their maintenance. However, many women were
unaware of these legal protections or unable to obtain legal counsel to
enforce them. Divorced women were often left with no means of support,
as their families ostracized them. Women are legally free to marry
without family consent, but women who did so often were ostracized or
faced becoming the victims of honor crimes.
The inheritance law also clearly discriminates against women;
however, the 2008 Anti-Women Practices Act, passed in December, made it
illegal to deny women's inheritance of property by deceitful means.
Female children are entitled to one-half the inheritance of male
children. Wives inherit one-eighth of their husband's estate. In
practice women often received far less than their legal entitlement.
Women also faced significant discrimination in employment and
frequently were paid less than men for similar work. In many rural
areas of the country, strong societal pressure prevented women from
working outside the home. Some tribes continued the traditional
practice of sequestering women from all contact with men other than
relatives.
Children.--Birth Registration.--Citizenship is derived by birth in
the country; however, for children born abroad after 2000, citizenship
can be derived by descent, if either the mother or the father is a
citizen and the child is registered with the proper authorities (see
section 2.d., Protection of Refugees, for an exception regarding Afghan
refugees).
Reporting of births is voluntary, and records are not kept
uniformly, particularly in rural areas where children are born at home.
In lieu of a birth certificate, individuals often used school records
attested to by the headmaster or principal of the school, or
matriculation certificates, both of which identify the father and the
date of birth. NADRA issues identity documents, including birth
certificates, and uses mobile teams to register children in rural
areas. The number of unregistered births was not available. While the
government reported that more than 75 percent of the population was
registered, actual figures may be lower. Public services, such as
education and health care, were available to children without a birth
certificate.
Education.--The constitution mandates that the government provide
free and compulsory education to all children between the ages of five
and 16. In practice government schools often charged parents for the
cost of books, uniforms, and other materials. Parents of lower economic
means sometimes chose to send children to madrassahs, where they
received free room and board, or to NGO-operated schools.
According to government estimates (2009-10), 57.7 percent of the
population over age 10 was literate and 45.3 percent of women were
literate, reflecting more limited educational access for girls. Many
NGOs believed that the actual percentages were much lower, particularly
in rural and tribal areas. More than 40 percent of girls never enroll
in school.
The biggest barrier to girls' education was the lack of access.
Public schools, particularly beyond the primary grades, were not
available in many rural areas, and those that existed were often too
far away for a girl to travel unaccompanied. In addition, despite
cultural beliefs that boys and girls should be educated separately
after primary school, the government often failed to take measures to
provide separate restroom facilities or separate classrooms, and there
were more government schools for boys than for girls. The attendance
rates for girls in primary, secondary, and postsecondary schools were
lower than for boys across the board.
Medical Care.--Although boys and girls had equal access to
government facilities, families were more likely to seek medical
assistance for boys.
Child Abuse.--Child abuse was widespread. Young girls and boys used
as domestic servants were abused, beaten, and made to work long hours
by employers, who in some cases were relatives. According to an August
26 article in Dawn, more than 170,000 children lived on the streets. Up
to 90 percent were abused sexually on the first night that they slept
outside, and 60 percent accused police of sexually abusing them.
The penal code defines statutory rape as sexual intercourse with a
female younger than age 16. The punishment for rape is death or 10 to
25 years' imprisonment and a fine. Gang rape is punishable by death or
life imprisonment.
There were no known limits on child IDPs' access to government
services, although some civil society organizations demanded
improvement in these services.
Child Marriage.--Despite legal prohibitions, child marriages
occurred. The act sets the legal age of marriage at 18 for men and 16
for women and prescribes punishment and fines, ranging from
imprisonment up to a month, 1,000 rupees ($11), or both. In practice
the penalties were too low to have any deterrent effect.
A World Population Foundation survey in 2009 found that 49 percent
of women between the ages of 20 and 24 were married before the age of
18. In 2008 the Family Planning Association of Pakistan estimated that
child marriages made up 32 percent of marriages in the country. In
rural areas poor parents sometimes sold their daughters into marriage,
in some cases to settle debts or disputes.
Sexual Exploitation of Children.--Child pornography is illegal
under obscenity laws. Children were sold into prostitution (see section
7.c.). Socioeconomic vulnerabilities led to the sexual exploitation of
children, as well as the trafficking of children for sexual
exploitation. Many children working in exploitative begging situations
at bus terminals and on the side of the road were abused sexually and
physically.
Karachi and interior Sindh saw an increase in cases of sexual abuse
of children in madrassahs. A tribal council in Jacobabad charged a
local Deobandi cleric with confining and sexually abusing a young girl
for a period of one year at the madrassah he operated. On December 13,
Sindh police raided a Deobandi madrassah on the outskirts of Karachi
and discovered 68 captive boys, many of whom reported sexual abuse by
the custodians of the madrassah.
Infanticide.--According to the Edhi Foundation, only 480 dead
infants were recovered during the year, a decrease from 1,210 dead
infants found during 2010. An Edhi Foundation official stated that they
believed the decrease resulted from increased police. The death toll
was greater among girls; nine of 10 dead infants that the charity found
were girls. Edhi reported that up to 200 infants were left in its 400
cradles nationwide each year and that it handled thousands of requests
for adoption by childless couples. By law anyone found to have
abandoned an infant can be jailed for seven years, while anyone guilty
of secretly burying a child can be imprisoned for two years. Murder is
punishable by life imprisonment, but the crime of infanticide was
rarely prosecuted.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For information see the Department of State's report on
compliance at http://travel.state.gov/abduction/country/country--
3781.html.
Anti-Semitism.--There were no known Jewish communities in the
country. Anti-Semitic sentiments were widespread in the vernacular
press. In one case the magazine Nazaria-e-Pakistan published an article
containing claims that ``Judaism and Brahmanism are names for racism''
and referring to ``the international Jewish drama of 9/11.''
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law provides for equality of the
rights of persons with disabilities, but the provisions were not always
implemented in practice. After dissolution of the Ministry of Social
Welfare and Special Education in April, its affiliated departments,
including the Directorate General for Special Education, National
Council for the Rehabilitation of the Disabled (NCRD), and National
Trust for the Disabled, were handed over to the Capital Administration
and Development Division. The special education and social welfare
offices were devolved to the provinces and are responsible for
protecting the rights of persons with disabilities.
In the provinces social welfare departments worked for the welfare
and education of persons with disabilities. In Sindh the minister for
bonded labor and special education is mandated to address the
educational needs of persons with disabilities. At the higher-education
level, special departments provided special education at Allama Iqbal
Open University, the University of the Punjab, and Karachi University.
According to the Leonard Cheshire Foundation, most children with
disabilities did not attend school; at the primary level specifically
the percentages for those out of school were 50 percent for girls and
28 percent for boys.
The government declared the federal capital and provincial capitals
as disabled-friendly cities and granted permission to persons with
disabilities to take central superior service exams. It also
established 127 special education centers in main cities. Employment
quotas at the federal and provincial levels require public and private
organizations to reserve at least 2 percent of jobs for qualified
persons with disabilities. In practice this right was protected only
partially due to a lack of adequate enforcement mechanisms. Families
cared for most individuals with physical and mental disabilities. In
some cases criminals forced persons with disabilities into begging and
took most of the proceeds they received.
Organizations that refused to hire persons with disabilities could
choose to pay a fine to a disability assistance fund. This obligation
rarely was enforced. The NCRD provided job placement and loan
facilities as well as subsistence funding. There were no restrictions
on the rights of persons with disabilities to vote or participate in
civil affairs. However, voting was difficult for persons with
disabilities because of severe difficulties in obtaining transportation
and access to polling stations.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Systematic discrimination
against national, ethnic, and racial minorities was widely acknowledged
privately, but insufficient data existed for accurate reporting on
these forms of discrimination.
Consensual same-sex sexual conduct is a criminal offense; in
practice, the government rarely prosecuted cases. Gay men and lesbians
rarely revealed their sexual orientation. No laws protect against
discrimination on the basis of sexual orientation or gender identity.
Systematic discrimination against lesbian, gay, bisexual, and
transgender persons was widely acknowledged privately, but insufficient
data existed for accurate reporting on these forms of discrimination.
Society generally shunned transgender, eunuchs, and hermaphrodites,
referred to as ``hijras,'' who often lived together in slum communities
and survived by begging and dancing at carnivals and weddings. Some
also were involved in prostitution. Hijras often were denied places in
schools or admission to hospitals, and landlords often refused to rent
or sell property to them. Hijras' families often denied them their fair
share of inherited property.
On November 14, the Supreme Court ordered the national Election
Commission to reach out to the hijra community and register them to
vote in advance of the March 2012 Senate elections.
Other Societal Violence or Discrimination.--Societal attitudes
toward HIV-positive individuals were changing, but social
discrimination continued. Cases of discrimination often went unreported
due to the stigma faced by HIV/AIDS patients. In addition to operating
treatment centers, the NACP held rallies and public campaigns and spoke
in mosques about birth control and AIDS awareness. The Ministry of
Health established 13 HIV treatment and care centers nationwide, which
provided comprehensive HIV care services.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution states that ``every citizen shall have the right to
form associations or unions, subject to any reasonable restriction
imposed by law.'' The 18th amendment to the constitution devolved
matters pertaining to labor legislation and policies to the four
provinces. It stipulated that in the interim period, laws would remain
in force ``until altered, repealed, or amended by the competent
authority,'' that is, the provincial governments. Under the 18th
amendment, devolution was completed on June 30.
The International Labor Organization (ILO) noted that the passage
of provincial Industrial Relations Acts (IRAs) governing labor
relations took place without tripartite consultation and without
resolution of identified weaknesses and ambiguity in the former federal
legislation, including the inability of agricultural workers to form
worker associations. At the provincial levels, collective bargaining
rights continued to exclude banking and financial sector workers,
forestry workers, hospital workers, self-employed farmers, and persons
employed in an administrative capacity or managerial capacity whose
wages exceeded 8,000 rupees ($89) per month.
Despite passage of the four provincial-level IRAs, there was no
federal-level law covering nationwide or transprovincial unions between
April 2010 and July 2011, meaning that such organizations had no
authority to exist and no mandate. This legal gap included unions at
nationwide entities such as Pakistan International Airlines and the
Pakistan Water and Power Development Authority (WAPDA).
In addition labor unions and activists noted that without any
federal-level legislation or federal-level entity responsible for
labor, the continued existence of the National Industrial Relations
Commission (NIRC) stood in question, and there was no government
representative to respond to or negotiate with international labor
bodies such as the International Labor Organization (ILO), the World
Trade Organization, or the U.N. on international commitments signed by
the government. As a result the president issued the Industrial
Relations Ordinance in July, which was extended in November until March
7, 2012, with no possibility of further extension. The National
Assembly did not pass a federal bill to cover the ICT and
transprovincial unions by year's end. Labor organizations noted that if
no federal-level legislation was passed before the ordinance expires in
March 2012, the NIRC would cease to exist. Additionally, without
federal-level legislation there would be no labor law in the ICT, no
entity capable of bilateral or multilevel labor-related negotiations,
no single clearinghouse to ensure compliance with international norms,
and no legal umbrella for transprovincial unions (and all unions
registered in the ICT). By year's end there was no settled mechanism
for resolving interprovincial inequities or disputes, or nationwide
labor questions involving large corporations or groups of workers.
In addition to these concerns, labor unions and worker
organizations noted several deficiencies in the provincial IRAs,
including Sindh's adoption of the federal legislation without
modification of the language to reflect that it was now a provincial
law, and Punjab's IRA, which prohibits labor organization in companies
with fewer than 50 workers. Worker organizations also noted that
capacity and funding for labor relations implementation at the
provincial level was limited and that there was controversy over the
federal government's decision to maintain control of the Workers
Welfare Fund and Employees Old-Age Benefits Institution.
Laws in place at the time of devolution not ``altered, repealed, or
amended by the competent authority'' remained in effect. One such law
prohibits state administrators, government and state enterprises, and
workers in export processing zones (EPZs) from collective bargaining
and striking, as well as strikes by public sector workers and workers
in nonessential services. While still in effect, labor groups reported
that the law was not applied during the year. The provincial industrial
relations acts also address and limit strikes and lockouts. For
example, the Khyber Pakhtunkhwa Industrial Relations Act specifies that
where any ``strike or lockout lasts for more than 30 days, the
government may, by order in writing, prohibit the strike or lockout''
and must then refer the dispute to a labor court.
Other federal-level laws also define illegal strikes, picketing,
and other types of protests as ``civil commotion,'' which carries a
penalty of up to life imprisonment; deems any gathering of four or more
persons subject to police authorization, a provision that authorities
may use against trade union gatherings. Devolution did not alter the
federal government's authority on criminal matters.
Labor groups, international organizations, and NGOs continued to
express concern about the devolution of the laws, noting that certain
labor issues, including minimum wages, worker rights, national labor
standards, and observance of international labor conventions, should
remain within the purview of the federal government. Observers also
continued to raise concerns about the provinces' varying capacity and
commitment to adopt and enforce adequate labor laws. In 2010 labor
unions filed two petitions challenging the full devolution of labor
issues to the provinces; the petitions remained pending at year's end.
Labor leaders also stressed the need for legislation to cover the
rights of workers in the informal and agricultural sectors.
Enforcement of labor laws remained weak, in large part due to lack
of resources and political will. Although some unions were affiliated
with political parties, most functioned independently of government and
political party influence. Labor leaders anecdotally raised concerns
about the use of ``yellow unions'' by employers to prevent effective
unionization.
There were no reported incidents of the government dissolving a
union without due process.
Unions were able to organize large-scale strikes. Widespread
protests in October by the Pakistan Electric Power Corporation (PEPCO)
and WAPDA labor unions against PEPCO's dissolution resulted in
President Zardari intervening and delaying the dissolution and power-
sector reform process. In July doctors in Islamabad went on strike for
nearly two months to protest pay and contract benefits, health-service
structures, and the failure to convert contractors to direct hires.
Indefinite intermittent strikes by medical workers, including doctors
and paramedical, clerical, nursing, and janitorial staff, continued at
year's end.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, cancels all existing bonded
labor debts, forbids lawsuits for the recovery of such debts, and
establishes the district vigilance committee system to implement the
act. The ILO noted that federal and provincial acts prohibit employees
from leaving their employment without the consent of the employer, or
from striking, as doing so subjects them to penalties of imprisonment
that may involve compulsory labor.
The federal law largely was unenforced by the government due to
technical flaws, federal and local government structural changes, and a
lack of budget implementation. As a result, when law enforcement
officers registered bonded labor offenses, they did so under other
sections of the penal code, including kidnapping and illegal
confinement.
The use of forced and bonded labor continued to be widespread and
was common in many industries across the country. NGOs reported that
more than one million persons were in bondage, primarily in Sindh and
Punjab. A large proportion of bonded laborers were low-caste Hindus as
well as Christians and Muslims with lower socioeconomic backgrounds.
Bonded labor was most common in agriculture and the brick, glass,
carpet, and fishing industries. Bonded laborers often were unable to
determine when their debts were fully paid, in part because contracts
were rare and employers were able to take advantage of bonded laborers'
illiteracy to alter debt amounts or the price laborers paid for seed
and fertilizer. In some cases landowners restricted laborers' movements
with armed guards or sold laborers to other employers for the price of
the laborers' debt.
Boys and girls also were bought, sold, rented, or kidnapped to work
in organized, illegal begging rings, domestic servitude, and
agriculture as bonded laborers. Illegal labor agents charged high fees
to parents with false promises of decent work for their children, who
later were exploited and subjected to forced labor in domestic
servitude, unskilled labor, small shops, and other sectors. NGOs and
police reported markets where girls and women were bought and sold for
labor.
Some bonded laborers returned to their former status after they
were free, due to a lack of alternative employment options. Ties
between landowners, industry owners, and influential politicians
hampered effective elimination of the problem. For example, some local
police were unable to pursue landowners or brick-kiln owners
effectively because they believed that their efforts to carry out
investigations according to the law would not be supported by higher-
ranking police officers who would be pressured by politicians or the
owners themselves.
The KP, Punjab, and Sindh ministries of labor continued to register
brick kilns and workers to regulate the industry better and ensure that
workers had access to labor courts and other services. The Punjab
Department of Labor also continued a project to combat bonded labor in
brick kilns, through which it helped brick-kiln workers obtain national
identity cards and interest-free loans, and also opened schools at
brick kiln sites.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
constitution expressly prohibits the employment of children below the
age of 14 in any factory, mine, or other hazardous site. However, there
is no minimum age for work in nonhazardous sectors.
The law limits a child's workday to seven hours, including a one-
hour break after three hours of labor, and sets permissible times of
day for work and time off. Children are not allowed to work overtime or
at night, and a child should have one day off per week. In addition the
law requires employers to keep a register of children working for them
for labor inspectors to verify. These prohibitions and regulations do
not apply to family businesses or government schools.
The law protects all children younger than age 18 from exploitation
and defines exploitative entertainment as all activities related to
human sports or sexual practices and other abusive practices. Parents
who exploit their children are also liable under the law. The law makes
bonded labor by children punishable by up to five years in prison and
50,000 rupees ($556) in fines. The law prohibits the employment of
children younger than 14 in factories, mines, railways, rag-picking,
port areas, fireworks, and other hazardous occupations, and it
regulates their work conditions. The government considers four
occupations and 34 processes illegal for children, including street
vending, surgical instrument manufacturing, deep-sea fishing, leather
manufacturing, brick making, production of soccer balls, and carpet
weaving. Despite this, there were reports of children working in all of
these areas.
The Ministry of Labor, Manpower, and Overseas Pakistanis had a
small group of specialized labor inspectors empowered to inspect all
facilities under the child labor law. In reality enforcement efforts
were not adequate to meet the scale of the problem. Inspectors had
little training and insufficient resources and were susceptible to
corruption. Devolution also compounded these problems. Authorities
allowed NGOs to perform inspections without interference, and SPARC
noted that government officials usually cooperated with their visits.
Authorities often did not impose penalties on violators; when they
did, the penalties were not a significant deterrent. Although
authorities obtained hundreds of convictions for violations of child
labor laws, the fines were generally considered too low to deter
violations.
Due to weak government enforcement of child labor laws, child labor
remained pervasive. NGOs and government sources noted that the 2010 and
2011 floods proved devastating for children, with the destruction of
schools and dire financial situations compelling families to put
children to work. According to the HRCP and SPARC, there were 10
million to 11.5 million child laborers, many of them in agriculture and
domestic work.
Approximately 70 percent of nonagricultural child labor took place
in small workshops, complicating efforts to enforce child labor laws,
since by law inspectors may not inspect facilities employing fewer than
10 persons.
Children were forced to work in the brick-kiln, glass bangle, and
carpet-weaving industries, as well as agriculture, as part of
fulfilling their families' debt obligation to feudal landowners or
brick-kiln owners. UNICEF estimated the number of children working in
brick kilns at 250,000. In a March 2009 report, the National Coalition
against Child Labor stated that there were 1.7 million persons in
bonded labor in the agricultural sector, including children.
Poor rural families sometimes sold their children into domestic
servitude or other types of work, or paid agents to arrange for such
work, often believing that their children would work under decent
conditions. Some children sent to work for relatives or acquaintances
in exchange for education or other opportunities ended up in
exploitative conditions or forced labor.
Children also were kidnapped and/or sold into organized begging
rings, domestic servitude, and child prostitution.
See the Department of Labor's Findings on the Worst Forms of Child
Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The federally set minimum wage
for unskilled workers is 7,000 rupees ($78) per month, increased in
2010 from the previous wage of 6,000 ($67) per month. Provincial
governments' minimum wage boards set skilled and semiskilled sector
minimum wages. The sectors specified and minimum wages vary by
province. The government's 2011 Economic Survey considered the poverty
line to be 3,389 rupees ($37.68) per month. Significant sectors of the
workforce, including those in the informal sector, domestic servants,
and agricultural workers, were not covered by minimum wage laws.
The law provides for a maximum workweek of 48 hours (54 hours for
seasonal factories) with rest periods during the workday and paid
annual holidays. Additional benefits required under the labor code
include official government holidays, overtime pay, annual and sick
leave, health care, education for workers' children, social security,
old age benefits, and a workers' welfare fund.
These regulations do not apply to agricultural workers, workers in
factories with fewer than 10 employees, domestic workers, or
contractors. In addition such workers do not have the right to access
``worker courts'' to seek redress of grievances and were otherwise
extremely vulnerable to exploitation. The inapplicability of many labor
laws and the lack of enforcement by the government gave employers in
many sectors relative impunity with regard to working conditions,
treatment, work hours, and pay.
Provincial governments have primary responsibility for enforcing
national labor regulations. Enforcement was ineffective due to limited
resources, corruption, and inadequate regulatory structures. In both
Sindh and Punjab, provincial policies against surprise inspections
severely limited effective enforcement. Balochistan and KP continued to
allow surprise inspections. Many workers remained unaware of their
rights, especially in the informal sectors. Given the serious
restrictions on labor inspections and the impact of limited resources
and corruption, inspections and concomitant penalties were insufficient
to deter violations of labor laws.
Health and safety standards were poor in all sectors. There was a
serious lack of adherence to mine safety and health protocols. For
example, many mines had only one opening for entry, egress, and
ventilation. Workers could not remove themselves from dangerous working
conditions without risking loss of employment. Informal sector
employees faced multiple precarious situations, particularly in less
visible, informal sectors such as domestic work. There were no official
statistics on workplace fatalities and accidents during the year.
__________
SRI LANKA
executive summary
Sri Lanka is a constitutional, multiparty republic. President
Mahinda Rajapaksa, who was reelected to a second six-year term in
January 2010, and the parliament, which was elected in April 2010,
share constitutional power. The government is dominated by the
president's family; two of the president's brothers hold key executive
branch posts as defense secretary and minister of economic development,
while a third brother is the speaker of parliament. A large number of
other relatives, including the president's son, also serve in important
political or diplomatic positions. Independent observers generally
characterized the presidential and parliamentary elections as
problematic. Both elections were fraught with violations of the
election law by all major parties and were influenced by the governing
coalition's massive use of state resources. There were instances in
which elements of the security forces acted independently of civilian
control.
The major human rights problems were unlawful killings by security
forces and government-allied paramilitary groups, often in
predominantly Tamil areas, which led many to regard them as politically
motivated, and attacks on and harassment of civil society activists,
persons viewed as Liberation Tigers of Tamil Eelam (LTTE) sympathizers,
and journalists by persons allegedly tied to the government, which
created an environment of fear and self-censorship.
Other serious human rights problems included disappearances, as
well as a lack of accountability for thousands who disappeared in
previous years. Security forces tortured and abused detainees, poor
prison conditions remained a problem, and authorities arbitrarily
arrested and detained citizens. A number of suspects detained by police
or other security forces died under questionable circumstances. Lengthy
pretrial detention was a problem. Denial of fair public trial remained
a problem, and the judiciary was subject to executive influence. The
government infringed on citizens' privacy rights. There were some
restrictions on freedom of speech, press, assembly, association, and
movement. Infringement on freedom of movement was less frequent than in
2010. While citizens were generally able to travel almost anywhere in
the island, police and military checkpoints were still widespread in
the north and east, and numerous high security zones and other areas
remained off-limits to citizens. Authorities harassed journalists
critical of the government and self-censorship was widespread. The
president used his authority under the September 2010 18th Amendment to
take greater control of appointments to previously independent public
institutions that oversee the judiciary, the police, and human rights.
The president now holds the authority to name all members to the
Constitutional Council and its subsidiary councils, with only the
requirement to ``seek advice,'' but not approval, of parliament. Doubts
remained about the fairness of both the 2010 presidential and
parliamentary elections due to election law violations and government
influence. Lack of government transparency was a serious problem.
Violence and discrimination against women were problems, as were abuse
of children and trafficking in persons. Discrimination against persons
with disabilities and against the ethnic Tamil minority continued, and
a disproportionate number of victims of human rights violations were
Tamils. Discrimination against persons based on their sexual
orientation and against persons with HIV/AIDS were problems. Limits on
workers' rights and child labor remained problems.
The government prosecuted a very small number of officials
implicated in human rights abuses but had yet to hold anyone
accountable for alleged violations of international humanitarian law
and international human rights law that occurred during the conflict.
Official impunity for a wide range of human rights abuses, particularly
in cases of police torture, corruption, and attacks on media
institutions, was a problem.
During the year unknown actors suspected of association with
progovernment paramilitary groups committed killings, assaults, and
intimidation of civilians. There were persistent reports of close,
ground-level ties between paramilitary groups and government security
forces.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were a number
of reports that the government, its agents, or its paramilitary allies
committed arbitrary or unlawful killings, but reliable statistics on
such killings were difficult to obtain because past complainants were
killed and some families feared reprisals if they filed complaints.
Among these arbitrary or unlawful killings, there were increased
reports of suspects detained by police or other security forces who
died under questionable circumstances. For example, on July 3, Neluwa
Priyantha died in the custody of members of the Special Task Force
(STF) while he was showing them a house where he hid weapons.
There were several instances in which police were held accountable
for unlawful killings. On September 29, trishaw driver G.A. Gayan
Rasanga was arrested in Dompe on theft charges and reportedly tortured
to death by the police. A Criminal Investigations Department (CID)
investigation into the incident resulted in the arrest of five police
officers. The police were prosecuted, and the case continued in a
magistrate's court at year's end.
According to official accounts, security forces took some suspects
to the scenes of their alleged crimes and then shot and killed them
while they allegedly were trying to escape. On October 3, Lalith
Susantha, a suspect in the killing of a police officer, allegedly
drowned in the Bolgoda Lake while showing the police where the murder
weapon was hidden.
The overall number of extrajudicial killings decreased from the
previous year. Nevertheless, during the year, and particularly in the
beginning of the year, unknown actors suspected of association with
progovernment paramilitary groups committed killings and assaulted
civilians. These included the Tamil Makkal Viduthalai Pulikal,
associated with former LTTE eastern commander and now Deputy Minister
of Resettlement Vinayagamurthi Muralitharan, alias ``Karuna,'' as well
as Sivanesathurai Chandrakanthan, alias ``Pillaiyan,'' in the east, and
the Eelam People's Democratic Party (EPDP), led by Minister of Social
Services and Social Welfare Douglas Devananda, in Jaffna. These and
other progovernment paramilitary gangs and parties also were active in
Mannar and Vavuniya. All of these groups endeavored to operate
political organizations, some with more success than others, and there
were persistent reports of close, ground-level ties between
paramilitary groups and government security forces. Whereas these
groups served more of a military function during the war, often working
in coordination with security forces, during the year they increasingly
took on the characteristics of criminal gangs as they sought to
solidify their territory and revenue sources in the postwar
environment.
While some killings were criminal acts, others appeared to be
politically motivated, targeting persons believed to be LTTE
sympathizers. For example, on June 26, Jaffna residents found former
LTTE combatant Balachchandran Satkunarasa hanged from a soccer goal
post.
On December 29, an army soldier manning a checkpoint post in
Poonakari reportedly shot and killed a traveler after he refused to
hand over his motorbike to the soldier. The soldier was killed in a
confrontation with fellow soldiers following the incident.
Britain's Channel 4 broadcast a report in 2009 on events at the end
of the war, followed by a more extensive documentary made available
worldwide on the Internet June 14 entitled ``Sri Lanka's Killing
Fields,'' which purported to show graphic evidence of army forces
committing human rights violations, including footage of extrajudicial
executions. The government claimed that its investigations showed that
the video was a fake, and that those filmed were actually LTTE members
wearing uniforms to impersonate army soldiers while carrying out the
executions. The U.N. special investigator into extrajudicial killings
in Sri Lanka, Christof Heyns, told the U.N. Human Rights Council on May
30 that forensic and technical experts concluded that the video was
authentic and that the events reflected in the video occurred as
depicted. The report of the domestic Lessons Learned and Reconciliation
Commission (LLRC), publicly released December 16, questioned the
findings of the UN-commissioned experts and recommended that the
government ``institute an independent investigation into this issue
[the video]. and take action in accordance with the laws of the land.''
On May 12, former army intelligence officer Kandegedara Priyawansa
told a magistrate that a Terrorist Investigation Division (TID) officer
in charge instructed Priyawansa to claim that a top army official was
involved in the 2009 killing of the former chief editor of the Sunday
Leader newspaper, Lasantha Wickrematunga, by four assailants. The main
suspect in Wickrematunga's killing, Pitchai Jesudasan, reportedly died
of a heart attack in Colombo on October 15. The suspect was in jail for
more than two years and was apprehended for allegedly possessing
Wickrematunga's subscriber identity module (SIM) card. Human rights
observers expressed skepticism about the significance of any role
Jesudasan had in Wickrematunga's death.
b. Disappearance.--Enforced and involuntary disappearances
continued to be a problem, although the number of such disappearances
appeared to decline from previous years. Many disappearances appeared
to be politically motivated, but during the year there also were
increasing reports of disappearances connected with extortion and other
criminal activity, sometimes involving government actors.
Local residents blamed abductions in the Jaffna Peninsula on
security forces or members of the EPDP. Some disappearances appeared to
be politically motivated, targeting civil society activists and persons
believed to be LTTE sympathizers. On December 9, Lalith Kumar Weeraraj
and Kugan Muruganandan, two activists from the dissident section of the
Janatha Vimukthi Peramuna (JVP) opposition party, disappeared in Jaffna
after leaving their residence. Muruganandan's motorbike was later found
by the police. Weeraraj had been active in raising human rights
concerns faced by the Tamil people, such as disappearance and detention
issues. He had been threatened, assaulted, and detained by security
forces on previous occasions. On December 15, cabinet spokesperson
Minister Keheliya Rambukwella told the media that the two activists had
not disappeared but that ``they are here'' without specifying a
location. The activists remained missing at year's end.
There were reports of abductions and beatings of released former
combatants. For example, Jaffna University student and ex-LTTE
combatant Vetharaniyam Lathees was abducted on November 27 following a
candlelight vigil in commemoration of LTTE ``Martyrs' Day'' and
released the following day. As of year's end, he had not disclosed who
abducted or released him.
In July a police official told the media that a report compiled by
the police department found that 1,700 persons were abducted in 2009-
10, including 926 abducted in 2009 and 774 abducted in 2010. According
to police, most of the abductions appeared motivated by extortion.
Police took legal action in 275 cases, while 202 suspects were yet to
be identified. In its annual report released January 26, the U.N.
Working Group on Enforced and Involuntary Disappearances noted 5,653
outstanding cases from Sri Lanka as of the end of 2010.
The LLRC stated in its December report to the president that it was
``alarmed by a large number of representations made alleging
abductions, enforced or involuntary disappearances, and arbitrary
detention'' and stated that the government is therefore ``duty bound to
direct the law enforcement authorities to take immediate steps to
ensure that these allegations are properly investigated into and
perpetrators brought to justice.''
There was no significant progress made with regard to the thousands
of disappearances from past years. There was an instance where an
investigation into a disappearance clarified the fate of the missing
person: on July 28, police found the body of the managing trustee of
the nongovernmental organization (NGO) Community Trust Fund (CTF),
Pattani Razeek, who had disappeared in February 2010. Police arrested a
former CTF employee Shahabdeen Nowshaadh on July 8 and another suspect,
Ismail Mohamed Musdeen, on July 13. Nowshaadh was released on bail, and
Musdeen remained in Mahara Remand Prison at year's end. The case was
scheduled to be heard in court in February 2012.
There was no significant progress in the case of Prageeth
Ekneligoda, a journalist and cartoonist for Lanka-e-news, who
disappeared in January 2010, just before the presidential election. On
August 22, a court of appeal directed the Homagama Magistrate to
inquire into Ekneligoda's disappearance and present its findings in
January 2012. On November 11, Mohan Pieris, the senior legal advisor to
the cabinet and former attorney general, claimed in a question-and-
answer session following a presentation to the U.N. Committee against
Torture (CAT) that Ekneligoda was alive, had secretly left Sri Lanka,
and was living abroad. A November 15 news Web site report alleged,
however, that United Peoples Freedom Alliance (UPFA) member of
parliament (MP) Duminda Silva's assistant, Dematagoda Chaminda, told
CID officers that he and his associates dumped Ekneligoda's body in the
sea at the direction of Silva, under orders from Defense Secretary
Gotabhaya Rajapaksa. Chaminda had been arrested in connection with the
October 8 killing of a former MP, Bharata Lakshman Premachandra (see
section 3).
On July 11, the Ministry of Defense published the results of a
UNICEF report on the work of the Family Tracing Unit. The unit received
nearly 2,500 tracing requests since its establishment in 2009, of which
676 concerned children. Approximately 10 percent of these children
later were matched with children's names found in hospital and other
records. According to UNICEF data, 64 percent of the children had been
recruited by the LTTE prior to their disappearance. In July the
government authorized UNICEF to establish additional family tracing
units in the north of the country. UNICEF still had a caseload of 1,373
missing children recruited by the LTTE during the cease-fire period.
Aside from the Razeek case, the government did not publish the
results of any investigations into past disappearances, nor did it
publish information on any indictments or convictions of anyone
involved in cases related to disappearances.
There was no progress in solving the 2009 disappearance of Stephen
Sunthararaj, project manager at the Center for Human Rights and
Development. Sunthararaj was held by police without charges beginning
in February of that year and was abducted by four persons in a white
van wearing army uniforms shortly after he was released on a court
order.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law makes torture a punishable offense and mandates a
sentence of not less than seven years' imprisonment. However, there
were credible reports that security forces tortured and abused
citizens.
The CAT considered the combined third and fourth periodic reports
of Sri Lanka on November 8 and 9 and adopted its concluding
observations on November 22 and 23. The committee expressed serious
concern ``about the continued and consistent allegations of widespread
use of torture and other cruel, inhuman or degrading treatment of
suspects in police custody.'' Other concerns included the lack of
information on the implementation of the Convention against Torture;
failure to uphold judicial and procedural safeguards of detainees;
reports of secret detention centers; enforced disappearances; the
replacement of the Emergency Regulations with problematic Prevention of
Terrorism Act (PTA) regulations; intimidation and harassment of human
rights defenders, lawyers, journalists, and others; overcrowding and
poor conditions in prisons; impunity for acts of torture; and a lack of
witness protection.
The Freedom from Torture (FFT) submission to the CAT for its
examination of Sri Lanka concluded based on evidence in medico-legal
reports that ``torture perpetrated by state actors within both the
military and police has continued in Sri Lanka after the conflict ended
in May 2009 and is still occurring in 2011.'' It also found that those
at particular risk of torture include Tamils who had an actual or
perceived association with the LTTE.
No accurate publicly released statistics on reported torture cases
were available. The Asian Human Rights Commission (AHRC) compiled 1,500
cases of police torture between 1998 and 2011 and issued a report in
June summarizing 323 of the most serious cases. As of October the AHRC
had received 102 reports of police torture.
Former TID detainees at Boosa Prison in Galle confirmed reports of
torture methods used there. These included beatings, often with cricket
bats, iron bars, or rubber hoses filled with sand; electric shock;
suspending individuals by the wrists or feet in contorted positions;
abrading knees across rough cement; burning with metal objects and
cigarettes; genital abuse; blows to the ears; asphyxiation with plastic
bags containing chili pepper mixed with gasoline; and near-drowning.
Detainees reported broken bones and other serious injuries as a result
of mistreatment.
In the east and the north, military intelligence and other security
personnel, sometimes working with armed paramilitaries, were
responsible for the documented and undocumented detention of civilians
suspected of LTTE connections. Detention reportedly was followed by
interrogation that frequently included torture. There were reports that
detainees were released with a warning not to reveal information about
their arrest or detention, under the threat of rearrest or death.
Human rights groups alleged that some security forces believed
torture to be allowed under specific circumstances. Several former LTTE
combatants released from rehabilitation centers reported torture or
mistreatment, including sexual harassment, by government officials
while in rehabilitation centers. Responding to questions on reports of
torture and abuse, a police spokesman told the media in June that
police training suffered during the war. The police endorsed
incorporating a full human rights curriculum and lesson plan developed
by U.N. Office of the High Commissioner for Human Rights into the
police training curriculum during the year.
Members of the security forces beat and otherwise abused criminal
suspects and others. For example, Devarathnam Yogendra alleged that
police officers abducted, beat, and threatened him January 15,
following a complaint he made in a bribery case against a Hatton Police
Station inspector.
While the government has categorically denied the existence of
unacknowledged detention facilities, there were credible allegations
from national and international NGOs of undisclosed government
facilities where suspected LTTE sympathizers were taken, tortured, and
sometimes killed. The CAT examined such allegations and noted in its
findings that it was ``seriously concerned about reports received from
nongovernmental sources regarding secret detention centers run by the
Sri Lankan military intelligence and paramilitary groups where enforced
disappearances, torture and extrajudicial killings have allegedly been
perpetrated.''
In recent years human rights organizations reported that, while not
actively arresting and prosecuting lesbian, gay, bisexual, or
transgender (LGBT) persons, police harassed and extorted money or
sexual favors from those persons and assaulted gays and lesbians in
Colombo and other areas. This led to underreporting of crimes against
members of the LGBT community.
There were reports that individual cases of gender-based violence
perpetrated by members of the security forces occurred in areas with
heavy security force presence, but others stated that military
officials were responsive to reports of such incidents and showed a
willingness to prosecute the offenders. The government did not release
any details about prosecutions or punishments for such offenses, and
some observers suggested that there was reluctance by victims to report
such incidents in northern and eastern areas where security forces were
prevalent. Statistics on numbers of such cases also were unavailable
because few victims reported such incidents.
There have been a number of credible reports of sexual violence
against women where the alleged perpetrators were armed forces
personnel, police officers, army deserters, or members of militant
groups. A number of women did not lodge official complaints out of fear
of retaliation. In its November 7 ``Out of the Silence: New Evidence of
Ongoing Torture in Sri Lanka'' report, the FFT reviewed 35 medico-legal
reports of detainees and found evidence of rape, sexual assault, and
violence to sexual organs. The reports states: ``Of the 27 male cases
in the sample overall, 15 experienced sexual violence (55 percent) and
of the eight female cases in the sample, six experienced sexual
violence (75 percent). All but one of the episodes of physical violence
to sexual organs (all male) and sexual assault (both male and female)
are reported to have taken place during torture and interrogation
sessions for both men and women. While all instances of rape (both male
and female) are reported to have been perpetrated in cells by guards or
by officers usually at night, sometimes repeatedly and sometimes by
more than one individual.''
Prison and Detention Center Conditions.--Prison conditions were
poor and did not meet international standards due to overcrowding and
the lack of sanitary facilities. In many cases prisoners reportedly
slept on concrete floors and often lacked natural light or sufficient
ventilation. According to prison officials and civil society sources,
prisons designed for approximately 11,000 inmates held an estimated
32,000 prisoners. More than 13,000 of these prisoners either were
awaiting or undergoing trial. There were approximately 1,400 female
prisoners. In some cases juveniles were not held separately from
adults. Pretrial detainees often were not held separately from those
convicted. Petty criminals and sexual offenders often were incarcerated
with perpetrators of more serious crimes. Female prisoners were held
separately from male prisoners and in generally poor conditions. For
example, in Welikada Prison 650 female prisoners occupied a ward built
for 150, with 75 female inmates sharing two bathrooms. Authorities
acknowledged poor prison conditions but noted a lack of space and
resources as determining factors. The government planned to relocate
and expand several prison facilities and was working with the
International Committee of the Red Cross (ICRC) to modernize its prison
system.
Aside from those held in informal detention facilities, prisoners
and detainees were allowed access to family members. Prisoners and
detainees were permitted religious observance. There were no ombudsmen
to handle prisoner complaints. There were alternatives to incarceration
for nonviolent offenders, including community service and community-
based corrections alternatives. Community-based corrections included
elements of rehabilitation and counseling in addition to community
service work.
Magistrates were mandated to visit prisons once a month to monitor
conditions and hold private interviews with prisoners. In practice this
regularly did not happen as the backlog of cases in courts made it
difficult for magistrates to make prison visits. The government
permitted independent human rights observers and the ICRC to visit
regular and remand prisons. The government did not provide access to
any detention facilities operated by military intelligence, stating
that none existed. The ICRC was not allowed to visit suspected illegal
detention facilities operated by paramilitary groups.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice such incidents frequently
occurred. There were frequent reports throughout the year of victims
randomly selected by police to be arrested and detained on
unsubstantiated charges. For example, on October 17, Chulani
Thilakaratne was allegedly assaulted and arbitrarily arrested by two
drunken plainclothes officers. His wife and several relatives came to
the police station that evening and complained to the officer-in-
charge, who released Thilakaratne to them.
Under the arrest and detention standards imposed by the Emergency
Regulations and the PTA, the law does not clearly define what
constitutes an arbitrary arrest. Although parliament allowed the
Emergency Regulations to lapse August 31, many of the Emergency
Regulations' powers could be found in the PTA. The PTA has similar
sweeping powers of search, arrest, and detention. It allows for
detainees to be held for up to 18 months and indefinitely pending
trial. Many detainees thus continued to be held arbitrarily for
prolonged periods without charge, including in irregular places of
detention. On August 30, the day before the Emergency Regulations
lapsed, the president issued new regulations under the PTA
incorporating into it aspects of the Emergency Regulations that the PTA
did not already include. Among the regulations were measures
proscribing the LTTE as a terrorist organization and keeping
surrendered persons under rehabilitation.
Human rights groups estimated that approximately 5,000 to 6,000
LTTE suspects were in regular detention centers. An unknown additional
number of unidentified detainees, estimated by some organizations to be
as high as 3,000, were thought to be held in police stations, the CID,
the TID, army or paramilitary camps, or other informal detention
facilities on suspicion of involvement in terrorism-related activities.
Many of these detainees were detained incommunicado without charge or
trial.
Of the approximately 11,600 LTTE combatants who surrendered at the
end of the war, reports indicated that 10,200 had been rehabilitated
and released and approximately 700 remained in rehabilitation centers.
Authorities considered 700 ``hardcore'' former combatants to be
potentially criminally liable and transferred them to the criminal
justice system. Reintegration of former combatants released from
rehabilitation remained challenging due to intensive surveillance by
the military, social stigma (some people were afraid to associate
themselves with ex-combatants who regularly had to report to the army),
employment difficulties, and psychological trauma. Several released ex-
combatants reported torture or mistreatment, including sexual
harassment, by government officials while in rehabilitation centers.
Role of the Police and Security Apparatus.--The inspector general
of police (IGP) is responsible for the nearly 90,000-member Sri Lanka
Police Service (SLPS). The SLPS conducts civilian police functions,
such as enforcing criminal and traffic laws, enhancing public safety,
and maintaining order. The IGP reports to the secretary of the Ministry
of Defense (in a separate chain of command from that of the armed
forces and other military units). The nearly 6,000-member paramilitary
STF is within the structure of the SLPS, although joint operations with
military units in the past led to questions among observers about who
actually was directing the STF. Throughout the year the president
repeatedly used the Public Security Ordinance to call out the armed
forces, maintaining the military's prominent role in police functions.
There was no independent authority to investigate complaints.
Few police officers serving in Tamil-majority areas were Tamil, and
most did not speak Tamil or English, although the government began
hiring and training ethnic Tamils in an effort to improve this
situation. In January 320 Tamil men and 16 Tamil women were inducted
into the police. In December government officials stated that there
were more than 600 Tamils in the police force. The LLRC report
acknowledged the recruiting of Tamil-speaking police officers, but
noted with regret that its 2010 interim recommendation - that public
offices have interpreters to facilitate communication until long term
programs are put in place - had not been implemented. In its final
report, the LLRC stated that government officers should possess
language skills to serve in any part of the country and recommended
that police stations have bi-lingual officers on duty on a 24-hour
basis.
Widespread impunity persisted, particularly for cases of police
torture, corruption, human rights abuses, and attacks on media
institutions. For example, the government consistently failed to solve
attacks on journalists, such as the 2009 killing of Sunday Leader
editor Lasantha Wickrematunge, the January 2010 abduction of Prageeth
Ekneligoda (see section 1.b.), and the July 29 attack on Uthayan news
editor Gnanasundaram Kuhanathan (see section 2.a.). The failure of
police to apprehend the assailants in such cases highlighted the high
level of impunity in an environment in which law enforcement possessed
widespread powers of detention and surveillance but failed to solve
cases of attacks on those critical of the government. Evidence of
serious violations of international humanitarian law and international
human rights law in the final stages of the war continued to mount, but
the government refused to acknowledge credible allegations that members
of the armed forces were involved in such incidents.
The government did not conduct any further inquiries into the high-
profile cases investigated by the 2006 Presidential Commission of
Inquiry (COI), including the 2006 killing of 17 local staff of the
French NGO Action Against Hunger (ACF) in Mutur. The COI was disbanded
in 2009 without issuing a public report, and with reports that the
commission had blamed ACF for allowing its workers to be in an unsafe
location, at the same time exonerating all government security forces
from any possible involvement in the killing of the aid workers.
A separate commission set up under retired Supreme Court justice
Mahanama Tillekeratne to investigate abductions, disappearances,
killings, and unidentified bodies was to submit a final report to the
president early in 2010. Although the commission gave an interim report
to President Rajapaksa in February 2010, and the commission's mandate
ended in March 2010, there was no indication that a final report was
given to the president.
The government prosecuted a small number of security force
personnel who allegedly committed human rights abuses, but it generally
did not seek to identify the great majority of those responsible for
such abuses or bring them to justice. Case law generally failed to
uphold the doctrine of command responsibility for human rights abuses.
Arrest Procedures and Treatment While in Detention.--Under the law
authorities are required to inform an arrested person of the reason for
arrest and bring that person before a magistrate within 24 hours, but
in practice several days and sometimes weeks or months elapsed before
detained persons appeared before a magistrate. A magistrate could
authorize bail or continued pretrial detention for up to three months
or longer. There were restrictions on bail for security detainees, as
judges needed approval from the Attorney General's Office to authorize
bail for persons detained under the PTA. In practice judges normally
did not grant bail in PTA-related cases. Police do not need an arrest
warrant for certain offenses, such as murder, theft, robbery, and rape.
In the case of murder, the magistrate is required to remand the
suspect, and only the High Court can grant bail. In all cases suspects
have the right to legal representation; however, there is no legal
provision specifically protecting the right of a suspect to demand
legal representation during interrogations in police stations and
detention centers. There were credible reports that detainees often did
not have a lawyer present at the time of interrogation. Counsel is
provided for indigent defendants in criminal cases before the High
Court and courts of appeal, but not in other cases.
Police could detain a person for a period of not more than one year
under detention orders issued by a deputy inspector general of police
or by the defense secretary. The defense secretary extended some
detentions beyond one year under the PTA.
An unidentified inmate at Anuradhapura Prison told the media that
he witnessed prison guards shooting at prisoners protesting prison
conditions January 24. The guards killed one person and injured 24
others, according to hospital authorities.
Arbitrary Arrest.--NGOs and individuals complained that the armed
forces and their paramilitary allies detained suspected LTTE
sympathizers and did not surrender them to the police, blurring the
line between arrests and abductions.
Credible reports alleged that security forces and paramilitaries
sometimes tortured and killed those arrested rather than follow legal
safeguards, although this appeared to diminish after the end of the
war.
Pretrial Detention.--The judicial process moved slowly, and more
than half of those in prison either were awaiting or undergoing trial.
More than 1,000 prisoners awaiting trial had spent over two years in
remand. Trial delays often were caused by lengthy legal procedures,
large numbers of detainees, judicial inefficiency, and corruption.
Legal advocacy groups asserted that it was common for the length of
detention to equal or exceed the sentence for the alleged crime. On
July 9, a group of prisoners detained for years without trial in
Vavuniya Prison began a hunger strike, demanding that their cases be
brought before a court.
Those under administrative detention did not enjoy the same rights
as those awaiting trials. For example, lawyers were required to apply
for permission from the TID to meet clients detained at the Boosa
Detention Centre and were not able to meet detainees without police
presence. Pretrial detainees did not have the right to legal counsel
during questioning by the police.
Persons convicted and undergoing appeal did not receive credit
towards their original sentence for time served in prison while the
appeal continued. Appeals often took several years to resolve.
Amnesty.--The president granted amnesty to a number of prisoners
throughout the year, sometimes for national holidays or other
occasions. For example, on February 4, the president granted amnesty to
1,669 inmates convicted of minor offenses.
e. Denial of Fair Public Trial.--Following the September 2010
passage of the 18th amendment, executive influence over the judiciary
significantly increased. The 18th Amendment repealed the 17th Amendment
and eliminated the Constitutional Council, a multiparty body created to
name members of independent judicial, police, human rights, and other
commissions. In place of the Constitutional Council, the 18th Amendment
established the Parliamentary Council, which submits nonbinding advice
on appointments to the president, who has sole authority to make direct
appointments to the commissions. The president also directly appoints
judges to the Supreme Court, High Court, and courts of appeal.
There were trials during the year where the outcomes appeared
predetermined. For example, on November 18, a Colombo High Court found
former army commander and opposition presidential candidate Sarath
Fonseka guilty of spreading the ``white flag'' rumor, which ``could
arouse communal feelings,'' under the now lapsed Emergency Regulations
and sentenced him to three years' imprisonment. There was widespread
recognition that the trial was politically motivated (see Political
Prisoners and Detainees section below for more information on the
Fonseka case).
There was no procedure in place to address the legal status of
former LTTE combatants held in rehabilitation centers. Lawyers who
defended human rights cases sometimes were under physical and verbal
threats.
Trial Procedures.--Defendants are presumed innocent. In criminal
cases juries try defendants in public. Defendants are informed of the
charges and evidence against them, and they have the right to counsel
and the right to appeal. There are no formal procedures for ensuring
how quickly arrested persons may contact family or a lawyer; in
practice they are allowed to make calls on their mobile phones to such
persons. The government provides counsel for indigent persons tried on
criminal charges in the High Court and the courts of appeal but not in
cases before lower courts. Private legal aid organizations assisted
some defendants. Juries were not used in cases brought under the PTA,
but defendants in such cases had the right to appeal. Defendants had
the right to confront witnesses against them, present witnesses and
evidence, and access government-held evidence, such as police evidence.
Confessions obtained by coercive means, including torture, are
inadmissible in criminal courts, except in PTA cases. Defendants bear
the burden of proof, however, to show that their confessions were
obtained by coercion.
The law requires court proceedings and other legislation to be
available in English, Sinhala, and Tamil. In practice most courts
outside of Jaffna and the northern parts of the country conducted
business in English or Sinhala. A shortage of court-appointed
interpreters restricted the ability of Tamil-speaking defendants to
receive a fair hearing in many locations, but trials and hearings in
the north were in Tamil and English. Few legal textbooks existed in
Tamil.
Political Prisoners and Detainees.--During the year the government
detained and imprisoned a number of persons for political reasons. The
government permitted access to such persons on a regular basis by
international humanitarian organizations.
Most prominent among political prisoners was the main opposition
candidate in the 2010 presidential election, former army commander
Sarath Fonseka. The military detained Fonseka in February 2010, and he
remained in detention. The accusations made against Fonseka after he
initially was detained were vague, with suggestions by government
officials that he had been plotting a coup. After more than a month,
formal charges were brought under two courts-martial on corruption in
military procurement and violating military regulations by engaging in
politics as a serving military officer. Fonseka later was charged in
civil court under the PTA for allegedly fomenting civil unrest by
making statements in 2009 to the press about Defense Secretary
Gotabhaya Rajapaksa's alleged order that surrendering LTTE cadres be
shot (the ``white flag'' incident). Fonseka denied making these claims.
In August 2010 the two courts-martial found Fonseka guilty of the
corruption charges and of engaging in politics while in the military
and sentenced him to 30 months in prison. He also was stripped of his
rank and pension and his parliamentary seat; in addition, all
references to Fonseka on military plaques, etc., were ordered expunged.
On November 18, the Colombo High Court found Fonseka guilty of
spreading the ``white flag'' rumor and sentenced him to three years'
imprisonment, to be served after the completion of the courts martial
sentence. Fonseka's appeal against the courts martial sentence was
dismissed by the Court of Appeal December 16. The court found that
Fonseka failed to prove his charges that the members of the second
court martial were biased.
A number of human rights organizations accused Fonseka of being
involved in a wide range of human rights abuses during the war,
including extrajudicial killings, disappearances, and indiscriminate
firing on civilians in the war zone. Nevertheless, many independent
observers concluded that Fonseka was detained, prosecuted, and
sentenced for political reasons, because of the initial lack of clarity
in the allegations against him, the fact that no formal charges were
brought against him for more than a month after his detention, the
selective way in which laws ultimately were applied (some progovernment
military officers spoke publicly in favor of the president during the
campaign and were not charged or punished similarly), and the
disproportionate nature of the sentences in the courts martial, which
appeared to be designed to humiliate Fonseka.
Authorities arrested 22 other individuals involved with Fonseka's
campaign, most in connection with the allegations of a coup attempt. By
November 2010, however, all 22 were released from detention with no
charges pending, leaving only Fonseka in prison.
There were other cases in which persons were detained for what
appeared to be simply their opposition to the government and its top
leaders. For example, on May 26, military police arrested seven JVP
members for putting up posters critical of the government.
Civil Judicial Procedures and Remedies.--Citizens were allowed to
file fundamental rights cases to seek redress of human rights
violations. The judiciary exhibited some independence and impartiality
in adjudicating these types of cases, and plaintiffs were awarded
damages in a number of instances. Observers cited bureaucratic
inefficiencies in this system, leading to delays in the resolution of
many cases. Where damages were awarded, there were relatively few
problems in enforcing the court orders.
Property Restitution.--The military seized significant amounts of
land during the war to create security buffer zones around military
bases and other high-value targets, which the government called high
security zones (HSZs). The declaration of HSZs displaced large numbers
of persons, particularly in the Jaffna Peninsula, who did not receive
restitution for their lands. A degree of progress was made in reducing
the size of the HSZs during the year, with some lands being
demilitarized. Many of those affected by the HSZs continued to
complain, however, that the pace of these returns was too slow and that
the government was holding back on the return of lands it might see as
economically valuable. The government cited the need to conduct careful
demining prior to the handover of these lands, but questions persisted
about whether land cleared of mines was always returned immediately to
its original owners. Although there was no legal framework for HSZs
following the lapse of Emergency Regulations on August 31, they still
existed and remained off-limits to civilians.
Residents of an area of Sampur Special Economic Zone, which partly
overlapped with an HSZ, were denied access to 2,795 acres of land
demarcated for a coal power project. On October 21, Economic
Development Minister Basil Rajapaksa declared in parliament that
residents would be allowed to resettle into the area once land
acquisition for the project was complete. He added that the government
would pay compensation for the lands to be acquired, although residents
had not received compensation at year's end.
On November 9, parliament passed the ``Revival of Underperforming
Enterprises and Underutilized Assets'' bill, which empowered the
government to take over the assets of 37 firms. The bill had been
printed and presented to parliament one day earlier, on November 8,
providing little time for debate in parliament or in public on the
bill. Although most of the companies targeted were defunct, several
were operating, including the profitable Sevenagala Sugar Industries
owned by Daya Gamage, a prominent member of the opposition United
National Party. In presenting the budget to parliament in November,
President Rajapaksa identified 91,420 acres of tea plantation land the
government was considering taking over under the Underutilized Assets
law.
The LLRC report acknowledged that some HSZs had been reduced, but
it noted that a large number of persons continued to be displaced. The
LLRC recommended that all families who had lost lands and/or houses due
to formal HSZs, or to other informal ad hoc security related needs, be
given alternate land and/or compensation paid according to applicable
laws.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law provides for the right to privacy; however,
the government infringed on these rights, particularly when conducting
cordon and search operations in Tamil neighborhoods. Security forces
conducted searches of property and engaged in wiretapping and
surveillance of private citizens with little judicial oversight.
Seizure of private lands by various actors remained a problem across
the country.
Land ownership disputes between private individuals in former war
zones also escalated during the year, as many former residents began
returning to areas they had left many years before. Multiple
displacements occurred in the northern and eastern areas over the many
years of war, and land often changed hands several times. Documentation
of land claims was difficult for a number of reasons. Many persons who
had been displaced multiple times were not able to preserve original
land deeds as they moved and some official government land records were
damaged or destroyed during intense fighting between government and
LTTE troops. On July 29, the Ministry of Land and Land Development
issued a circular establishing a process to collect and adjudicate land
claims in the north and east. NGO observers questioned the
effectiveness of the framework proposed due to its lack of substantive
criteria for how cases should be adjudicated, its complex claim form,
and its reliance on decision-making bodies composed of government and
military officials with no training and, at best, a limited background
in land adjudication. The Court of Appeal suspended implementation of
the circular November 9 for reconsideration, and it was scheduled to
hear the case again in January 2012.
There were reports of government-aided resettlement of Sinhala
families from the south into traditionally Tamil areas. For example,
the military helped move 165 Sinhala families into the village of
Kokkachchaankulam in Vavuniya, and these families were issued land
permits. There also were reports that the government had taken measures
to resettle Sinhala families on Tamil lands in Batticaloa District,
including 170 families in Kevuilyamadu and 230 families in Kachchakkodi
Chuvaamimalai. Tamil members of parliament raised concerns about such
resettlements in parliament, alleging a process of ``Sinhalization''
had begun in the north and east.
On December 7, the government withdrew an amendment to the Town and
Country Planning Ordinance that would have broadened the power of
authorities to acquire private lands, including within municipal and
urban areas, for economic, social, historical, environmental, and
religious purposes. The amendment's stated goal was to promote and
regulate integrated planning and development for infrastructure. The
government withdrew the bill following a Supreme Court determination
that the legislation could not be enacted without the approval of
provincial councils.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech, including for members
of the press, but the government did not respect these rights in
practice. Government officials criticized, pressured, harassed, and
arrested members of the media, and most journalists practiced self-
censorship.
The LLRC report stated that it was ``deeply disturbed by persistent
reports concerning attacks on journalists and media institutions and
killing of journalists and the fact that these incidents remained to be
conclusively investigated and perpetrators brought to justice.[a]ny
failure to investigate and prosecute offenders would undermine the
process of reconciliation and the [r]ule of [l]aw.'' The LLRC
recommended steps be taken to prevent harassment and attacks on media
personnel and institutions and priority be given to investigate and
prosecute those responsible for such incidents.
Freedom of Speech.--The constitution protects the right to free
speech. However, it is subject to a host of restrictions including
public morality and national security. The government attempted to
impede criticism through the year, including through harassment,
intimidation, violence, and imprisonment. The government monitored
political meetings, particularly in the north and east. There also were
credible reports that civilian and military officials questioned local
residents and groups who met with foreign diplomats regarding the
content of their meetings.
Freedom of the Press.--The government owned one of the country's
largest newspaper chains, two major television stations, and a radio
station. However, private owners operated a variety of independent
newspapers, journals, and radio and television stations. The government
imposed no political restrictions on the establishment of new media
enterprises. However, the government restricted the construction of
transmission towers in the north. It built a new tower in the Vanni but
blocked private stations from building towers.
Violence and Harassment.--National and international media freedom
organizations and journalists' associations expressed concern over
restrictions on media freedom and were sharply critical of the
government's role in harassing and intimidating journalists.
Senior government officials repeatedly accused critical journalists
of treason and often pressured editors and publishers to print stories
that portrayed the government in a positive light. This pressure
reportedly was exerted sometimes directly through threats and
intimidation. For example, international media reported that President
Rajapaksa personally telephoned the chairman of The Sunday Leader, Lal
Wickrematunge, on July 19, about an article reporting that China had
given money to the president and his son to be used ``at their
discretion.'' Approximately 100 posters with the words ``Do not lie!''
and ``The gods will punish you'' appeared on the walls of the
newspaper's headquarters.
Although no journalist was reported killed or abducted during the
year, frequent threats, harassment, and attacks on media personnel
continued. Statements by government and military officials contributed
to an environment in which journalists who published articles critical
of the government felt under threat.
At an event in Katunayake on November 20, Public Relations and
Public Affairs Minister Mervyn Silva stated that there were ``lowly so-
called journalists who insult important persons'' and that they should
book coffins for themselves.
In a September 1 telephone conversation, UPFA southern provincial
council member Aruna Gunaratne threatened to kill Daily Mirror Matara
correspondent Krishan Jeewaka Jayaruk if he published a story about
Gunaratne. Jayaruk recorded the conversation and filed a complaint
regarding the death threat with the Matara police.
On July 29, unidentified men attacked news editor Gnanasundaram
Kuhanathan of the Jaffna-based Uthayan newspaper with iron rods. On
August 15, police arrested two suspects, including one described as a
``major underworld figure,'' although some expressed doubts about the
suspects. The case was filed in the Jaffna Magistrate's Court, and at
year's end the Attorney General's Office was considering filing charges
against the suspects. Uthayan came under attack repeatedly in past
years, and several of its journalists were killed.
On January 31, unknown perpetrators firebombed the premises of pro-
opposition news Web site Lanka-e-news. While numerous observers
implicated government agents in the attack, state media suggested that
the staff of Lanka-e-news was responsible. Authorities arrested Lanka-
e-news editor Bennet Rupasinghe and journalist Shantha Wijesooriya and
subsequently released them in the following months, and a magistrate's
court suspended Lanka-e-news operations from April 28 to May 12 because
of a contempt case pending against Wijesooriya.
There was no progress in the investigation of the July 2010 arson
attack on the Siyatha television premises.
Censorship or Content Restrictions.--Police, under the authority of
the Ministry of Defense, reportedly maintained a special unit to
monitor and control all references in the media to members of the
Rajapaksa family. Official pressure reportedly was exerted sometimes
through orders to government and private firms to cease advertising in
critical newspapers. While media could operate freely, independent and
opposition media practiced self-censorship. Media freedom suffered from
severe government pressure throughout the island, and most journalists
practiced self-censorship, particularly on the issues of accountability
and criticism of government officials.
A popular Sinhala language political satire, And Company,which
portrayed the government as a company, received threats early in the
year. The producer and main actor were threatened by a group in a white
van and subsequently removed the character Chinthana (representing
President Rajapaksa) from the program.
Libel Laws/National Security.--In 2009 the government officially
reactivated the Press Council Act of 1973. This act, which includes
power to impose punitive measures including fines and lengthy prison
terms, proscribes the publishing of articles that discuss internal
communications of the government, decisions of the cabinet, matters
relating to the military that could affect national security, and
details of economic policy that could lead to artificial shortages or
speculative price increases.
Nongovernmental Impact.--Progovernment paramilitary groups/gangs
inhibited freedom of expression, particularly in the north. Members of
the EPDP allegedly were involved in harassment and attacks on
journalists, including the July 29 attack on Uthayan's Kuhanathan.
Internet Freedom.--The government restricted access to the
Internet, including Web sites it deemed pornographic as well as Web
sites it deemed critical of the government. There were suspicions that
the government was behind the blocking of Internet access to several
Tamil news Web sites, including the pro-LTTE TamilNet. On October 18,
major Sri Lankan telecom companies Sri Lanka Telecoms and Mobitel
blocked access to lankaenews.com, a sensationalist news Web site
critical of the government. On June 20, the government temporarily
blocked citizen journalism site groundviews.org; groundviews' Sinhala
partner site, vikalpa.org; Transparency International Sri Lanka's Web
site; and news aggregator infolanka.com. Some observers believed the
one-day shutdown to be a warning to the sites. On November 5, the
Ministry of Mass Media and Information announced that it requires all
Web sites carrying Sri Lankan news to register. It based its action on
``complaints'' about material published by certain Web sites that were
``injurious to the image of the country, the head of the state,
ministers, senior public officials, and other important persons.'' The
ministry began blocking sites carrying news critical of the government.
Of the five sites blocked, four remained blocked at year's end.
Academic Freedom and Cultural Events.--There were allegations that
university officials, in many cases from the ranks of academia,
prevented professors from criticizing government officials. Some
academics noted that the environment of intimidation led to self-
censorship. There also were concerns of military encroachment into
universities. For example, on September 22, a group of academics issued
a statement protesting a decision by the Higher Education Ministry to
hand over the security of universities to Rakna Arakshaka Lanka Ltd, a
government-owned commercial security venture established under the
Ministry of Defense and under the direct supervision of the defense
secretary. Observers also expressed concerns regarding a mandatory
week-long leadership training program held in army camps around the
country for students who qualified to enter universities. The training
program began May 23 and was conducted by the military under the
supervision of university authorities. On June 3, the Supreme Court
rejected without trial five petitions that requested the annulment of
the leadership training program.
On October 16, in Jaffna an unidentified group assaulted Jaffna
University Students' Association leader Subramaniyam Thavapalasingham
with iron rods. The attackers reportedly asked him whether he wanted a
separate state. Another student, Rajavarothayan Kavirajan, who had
protested against the assault of Thavapalasingham, was allegedly
attacked by a military intelligence unit in Kilinochchi October 24. He
was seriously injured and admitted to the Intensive Care Unit of the
Jaffna Teaching Hospital. At year's end the investigation into the
attack had identified no suspects.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, but the government
did not respect this right in practice, and some restrictions existed.
The government required that army representatives be present at public
assemblies in the north. There were a number of cases in which security
forces restricted participation in demonstrations. On December 10,
police detained a group of 42 human rights defenders and political
activists from the south in Jaffna and prevented them from attending a
protest to mark International Human Rights Day. Police reportedly
responded with excessive force to violent protests in Dambulla and
Bandarawela following a December 12 government regulation to make
plastic crates compulsory when transporting vegetables and fruits.
On August 22, police arrested 102 protesters demonstrating against
a series of attacks on women by ``grease devils,'' elusive figures who
reportedly greased themselves to avoid capture and, for several months
during the year, assaulted and robbed victims, predominantly in the
north and east. Police assaulted many of those arrested following an
attack on an army detachment in which two military vehicles were
damaged. Army officials dropped the charges against those arrested. On
September 27, the Supreme Court supported a fundamental rights case
filed by petitioners who were arrested during these reprisals. The
hearing date was scheduled for February 2012.
There were informal barriers to assembly on a number of occasions.
For example, on June 23, a large military contingent obstructed a
demonstration in Kilinochchi in support of missing persons.
In the weeks leading up to the July 23 local council elections, the
Tamil National Alliance (TNA) filed four complaints with the election
commissioner against security personnel who threatened candidates and
detained persons to prevent them from attending election meetings. On
June 16, approximately 50 army personnel assaulted TNA MPs and their
supporters at the first local government election campaign meeting held
by the TNA near Jaffna. While the military commander in Jaffna
initially expressed regret over the incident, an official inquiry
claimed that the incident was the result of a clash between the army
and the ministerial security division personnel protecting the TNA MPs.
The government did not take further action on the case by year's end.
Freedom of Association.--The law provides for freedom of
association, but the government did not always respect this right in
practice. Some restrictions existed, such as those under the Emergency
Regulations before their lapse. The government often used informants to
target individuals for arrests and interrogation based on their
association.
c. Freedom of Religion.--See the Department of State's
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 law grants every citizen
``freedom of movement and of choosing his residence'' and ``freedom to
return to the country.'' In practice, however, the government
restricted this right on multiple occasions.
The government generally cooperated with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations; however, it restricted access to the north by NGOs and
some international organizations, requiring them to obtain
authorization for projects and access from the Presidential Task Force.
While the U.N. and its organizations were given fairly effective
access, other international NGOs had difficulty operating projects they
saw as needed. There were reports in November that the military was
asking for project reports from humanitarian agencies in Kilinochchi
and Batticaloa, despite an earlier agreement that the agencies would
interface only with the civilian administration.
In-country Movement.--The government restricted in-country movement
through widespread police and military checkpoints in the north and
east, which made it difficult for many to travel even short distances,
particularly at night. The number of such checkpoints in Jaffna,
however, appeared to decline during the year. The number of temporary
checkpoints, as well as formal, stationary checkpoints, in Colombo also
appeared to decline from the previous year.
On July 13, the government lifted the requirement for foreign
passport holders to obtain Ministry of Defense clearance for travel to
the north. The government continued security checks on movements in all
directions north of a key junction near Medawachiya, although there
were fewer than during and immediately after the war.
Limited access continued near military bases and the HSZs where
civilians could not enter. The HSZs extended in an approximately 2.5-
mile radius from the fences of most military camps and restricted
access to those trying to earn their livelihood, unfairly affecting
Tamil agricultural lands, particularly in the Northern Province.
Exile.--The government did not expel citizens from one part of the
country to another, nor did it forcibly exile any citizens abroad, but
it allowed citizens to leave the country under self-exile unless they
were accused of breaking the law. More than a dozen journalists, having
received physical threats, were in self-exile due to safety fears.
Internally Displaced Persons (IDPs).--The country had a significant
population of IDPs. Almost all IDPs were ethnically Tamil, although
approximately 80,000 of the total displaced population were Tamil-
speaking Muslims displaced by the LTTE in 1990. The government made
steady progress by year's end in resettling all but approximately 7,000
of the 288,000 IDPs who were displaced in the last year of the
conflict. Many in this group of IDPs were from areas in the Mullaitivu
District, which remained heavily mined due to intense conflict during
the final stages of the war and were unlikely to be opened to returnees
for years.
In addition to this group of newer IDPs, there were an estimated
157,000 displaced Tamils displaced prior to the last major offensive by
the military in 2008. It was unclear at year's end how or when they
might return to their places of origin, or whether some would prefer to
settle permanently at their current location after being displaced for
many years. Some returns of pre-2008 IDPs occurred throughout the year.
Among the long-term displaced were approximately 73,000 Muslims
evicted from Jaffna, Kilinochchi, Mullaitivu, Mannar, and Vavuniya in
1990 by the LTTE, many of whom spent nearly 20 years in IDP camps in
and around Puttalam. Many of these IDPs wanted to stay in Puttalam,
where they had spent much of their lives and which was more developed
and nearer to Colombo than their families' districts of origin. A
significant number of Muslim IDPs who had returned to Mannar reportedly
had gone back to Puttalam after a short period.
While all IDPs had full freedom of movement, some who were able to
return to their home districts were nevertheless unable to move back
onto their own property due to uncleared land mines, restrictions that
designated their home areas as HSZs, lack of documents to verify land
ownership, and other war-related destruction. Living conditions for
these persons were often difficult.
On November 24, approximately 230 IDPs were moved from Menik Farm,
where the remaining 7,000 persons displaced in the last year of the war
were camped, to a newly constructed transit camp in Kompavil, nearer to
their original homes. The resettlement was part of a plan announced by
the government August 3 to close Menik Farm and relocate IDPs living
there to Kompavil. It remained unclear at year's end whether IDPs
resettled in Kompavil would be allowed to return to their areas of
origin after demining was completed or whether they would permanently
be relocated to Kompavil. Observers and international donors expressed
concern that the resettlement disregarded protocols regarding internal
displacement. Specifically, the plan might force IDPs to move, and the
government did not inform IDPs of their options or give them a choice
of destination.
Coordination between the army, local government agents, and
humanitarian agencies on resettling IDPs improved compared to the prior
two years. Improvements largely stemmed from decreased numbers coming
out of IDP camps and improved cooperation on the ground between the
army, UNHCR, and Government Agent Office functionaries charged with
registration of IDPs returning to their areas of origin.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government does not have 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.
Stateless Persons.--According to the UNHCR, the country does not
have habitual residents who are legally or de facto stateless.
Citizenship is obtained by birth within the territory of the country
and from a child's parents if born to citizen parents overseas.
The 2003 Grant of Citizenship to Persons of Indian Origin Act
recognized the nationality of previously stateless persons,
particularly hill-country Tamils. The government passed laws in 2009 to
grant citizenship to hill-country Tamils living among other Sri Lankan
ethnic Tamils in refugee camps in India's Tamil Nadu, but progress on
finding and registering these persons and granting them citizenship was
slow. By December 2010 approximately 20,000 hill-country Tamils in the
country lacked identity cards and citizenship documents, compared with
30,000 at the beginning of 2009 and 70,000 in 2008. Those lacking
identity cards were at higher risk of arbitrary arrest and detention,
but there were no reports of such incidents during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--Recent Elections.--The
president, who was reelected in January 2010 for a second six-year
term, holds executive power, while the 225-member parliament, elected
in April 2010, exercises legislative power. The government is dominated
by the president's family; two of the president's brothers hold key
executive branch posts, as defense secretary and minister of economic
development, while a third brother is the speaker of parliament. A
large number of other relatives, including the president's son, also
serve in important political or diplomatic positions. Independent
observers generally characterized the 2010 presidential and
parliamentary elections as problematic. Both elections were fraught
with violations of the election law by all major parties and were
influenced by the governing coalition's massive use of state resources.
Elections had not been held for the Northern Provincial Council since
the Northern Province was separated from the Eastern Province in
January 2007, and the Northern Province remained centrally governed at
the end of the year. The president stated that the elections would be
held in 2012.
The government held staggered local council elections during the
year, which independent observers characterized as fraught with
election law violations by all major parties and during which the
governing coalition used state resources to sway the voters.
Political Parties.--Political parties largely were free to operate,
organize, stand for elections, seek votes, and name candidates as they
wished. Trusted ruling party stalwarts allegedly received favoritism
for high-ranking government and business positions (see section 4).
On October 8, during local council elections, a convoy of ruling
Sri Lanka Freedom Party (SLFP) MP Duminda Silva clashed with a convoy
of Baratha Lakshman Premachandra, a former SLFP MP and presidential
adviser on trade union affairs. Four persons, including Premachandra,
were killed by gunfire, while Silva was seriously injured and
hospitalized. Several suspects were arrested in relation to the
incident, including two who fled to India. The CID, which investigated
the case, refused to list Silva, a protege of Defense Secretary
Gotabhaya Rajapaksa, as a suspect in the murder case. On November 1,
Silva left for Singapore for medical treatment without any hindrance
from the law enforcement authorities or a court order authorizing his
transfer. On November 16, a Colombo magistrate's court ordered the CID
to arrest Silva and produce him in court. He remained abroad at the end
of the year.
Participation of Women and Minorities.--There were no laws that
prevented women or minorities from participating in political life on
the same basis as men or nonminority citizens. Some cultural and social
barriers to women participation included the gun culture in politics
and financial constraints. There was no provision for, or allocation
of, a set number or percentage of political party positions for women
or 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 in all three branches of the government frequently engaged in
corrupt practices with impunity.
The Commission to Investigate Allegations of Bribery or Corruption
was recommissioned in May following the expiration of the terms of the
commissioners in March 2010. The commission does not have powers to
initiate corruption investigations and must await a formal complaint
before investigating reports of corruption, which members of the public
were reluctant to put forward because of a lack of whistleblower
protections. The commission has yielded only five prosecutions (three
acquittals and two convictions). No high-ranking official or politician
has ever been prosecuted for corruption or abuse of power while serving
in office.
Corruption and general mismanagement were common in many state
institutions and state-owned companies. Nepotism and cronyism continued
to be a concern, and trusted ruling-party stalwarts allegedly received
favoritism for high-ranking government and business positions.
Corruption watchdogs claimed that corruption reached the highest levels
of government. For example, a July 17 news article alleged that China
gave the president $9 million as a grant in March to use ``at his
discretion.'' According to the article, China also made a substantial
payment in June 2010 to the president's son, Namal Rajapaksa.
Senior officials served as corporate officers of several quasi-
public corporations, including Lanka Logistics and Technologies, which
the government established in 2007 and designated as the sole
procurement agency for all military equipment. Critics alleged that
large kickbacks were paid during the awarding of certain defense
contracts.
Although MPs are asked to complete financial disclosure reports
upon their election, there was no follow-up to ensure compliance, and
little or no reporting ultimately was done.
There is no law providing for public access to government
information. An opposition-proposed Right to Information bill was
defeated June 21 by the government majority in parliament. The
government and its supporters explained defeat of the bill as defense
of national security, but many opposition politicians and commentators
argued the government did not want to expose corruption.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
continued to investigate and publish their findings on human rights
cases, despite government restrictions and physical threats to their
work. The government often criticized local NGOs critical of government
actions, failed to respond to requests for assistance, and put pressure
on those that sought such assistance. The NGO Secretariat was moved
from the Social Services Ministry to the Ministry of Defense in June
2010 and remained under the Ministry of Defense at the end of the year.
Several NGOs noted a lack of clarity in Ministry of Defense procedures
and enforcement of regulations.
The government remained apprehensive of NGO activities in certain
areas of advocacy. It particularly scrutinized organizations critical
of the government on issues such as governance, transparency, and human
rights.
NGOs that proposed undertaking projects in northern and eastern
areas to address such matters as psychosocial counseling, good
governance training for local citizens, and legal aid often had
difficulty obtaining government work permits. Government officials
sometimes made generic criticisms of local NGOs that accepted funding
from international sources.
International personnel of NGOs often had trouble getting visa
renewals to continue working in the country. For example, the Non-
Violent Peace Force, an NGO with international and domestic staff,
which provided protection to civil society activists and others under
threat, was forced to close down operations December 31 after the
government systematically refused visas to the international staff.
U.N. and Other International Bodies.--The government continued to
refuse the request by the U.N.'s Office of the High Commissioner for
Human Rights for an expanded mission and an independent presence in the
country.
In June 2010 U.N. Secretary General (SYG) Ban Ki-moon appointed a
three-member panel of experts to advise him on ``the implementation of
the commitment on human rights accountability'' made in the joint
statement issued by President Rajapaksa and the SYG during the latter's
visit in May 2009. According to the U.N. the panel was to look into the
``modalities, applicable international standards, and comparative
experience with regard to accountability processes,'' taking into
account the nature and scope of any alleged violations. The panel was
to complete its work in four months, but the SYG extended the mandate
until March 3. Although the panel of experts intended to visit the
country and meet with the LLRC and other officials with accountability
roles, the U.N. and the government were unable to come to agreement on
the modalities of the visit.
The report, which the panel of experts provided to the SYG on April
12, and through him to the government, stated that there were credible
allegations of serious human rights violations by the government,
including large-scale shelling of ``No Fire Zones,'' systematic
shelling of hospitals and other civilian targets, and summary
execution, rape, and torture of those in the conflict zone. The report
also highlighted a number of credible allegations against the LTTE,
including using civilians as a strategic buffer, forced labor
(including children), and summary executions of civilians attempting to
flee the conflict zone. Including victims on both sides, the report
estimated that there could have been as many as 40,000 civilian deaths.
The report also describes the government's LLRC as ``a potentially
useful opportunity to begin a national dialogue on Sri Lanka's
conflict'' but as ``deeply flawed'' and not meeting international
standards for an effective accountability mechanism. The LLRC Report
had not been published during the course of the panel's work.
The panel of experts' report recommended, among other steps, that
the government immediately begin genuine investigations into alleged
violations of international law committed by both sides in the
conflict, and that the government issue a public, formal acknowledgment
of its role in and responsibility for extensive civilian casualties
during the final stages of the war. The report also recommended that
the SYG immediately establish an independent mechanism to monitor and
assess the extent to which the government was carrying out an effective
domestic accountability process, as well as independently to
investigate credible allegations, and to collect and safeguard
information relevant to accountability for the final stages of the war.
On April 25, the U.N. made public the panel of experts' report and
urged the government to respond constructively to its recommendations,
which included the establishment of an international investigation
mechanism. The government had opposed strongly an international
investigatory commission and did not respond formally to the report;
officials strongly criticized the report's findings.
The ICRC closed its Jaffna offices in February and its Vavuniya
offices in March at the request of the government. The government
denied the ICRC access to former LTTE combatants held in rehabilitation
centers (see section 1.d.), and the ICRC was unable to fulfill its
protection mandate. It was nonetheless able to conduct a number of its
functions, including prison visits and other monitoring from Colombo.
Government Human Rights Bodies.--The Human Rights Commission of Sri
Lanka (HRCSL) held its first session as constituted under the 18th
Amendment on February 22. It has jurisdiction to inquire into human
rights violations. If an allegation were established, the HRCSL could
make a recommendation for financial compensation to the victim and/or
refer the case for disciplinary action or to the attorney general for
prosecution. If an HRCSL order were not followed, a summons could be
sent to both parties for explanation. If the parties continued in
noncompliance, the HRCSL could report the case to the Supreme Court as
a matter of contempt, a punishable offense. The Investigation and
Inquiry division of the HRCSL recorded 3,116 complaints by the end of
September, 664 of which did not fall within the mandate of the
commission.
By statute the HRCSL has wide powers and resources and may not be
called as a witness in any court of law or be sued for matters relating
to its official duties. However, in practice the HRCSL rarely used its
powers, and there were reports of a large backlog of cases with
virtually no action by the commission during the year. In its
concluding recommendations, the CAT noted its concerns ``about the
difficulties the HRCSL has had in carrying out its function owing in
part to the lack of cooperation from other State party institutions,
limited human and financial resources, which has reduced its ability to
investigate specific incidents and make recommendations for redress,
and failure to publish the reports of its investigations.'' Rather than
taking an investigative approach to determining the facts and details
of human rights cases, the HRCSL took a more tribunal-like approach,
weighing only the evidence brought to it in deciding whether to pursue
a case. Observers expressed concerns with the HRCSL's lack of
independence and transparency, particularly with the passage of the
18th Amendment, which granted greater power to the president to oversee
HRCSL appointments. In 2007 the International Coordinating Committee of
National Human Rights Institutions downgraded the HRCSL to observer
status, citing government interference in its work. The committee
upheld its decision in a 2009 review, asserting that the HRCSL was not
in compliance with the Paris Principles relating to National Human
Rights Institutions.
In May 2010 the government established the LLRC, a presidential
commission mandated to inquire into the breakdown of the cease-fire
with the LTTE and report on lessons learned. An eight-member panel of
commissioners, including one Tamil and one Muslim, was appointed to
collect information and take testimony and present a report to the
president. International observers criticized the country's lack of
witness protection, the limited scope of the LLRC--which did not have
an explicit mandate to investigate alleged war crimes--and the alleged
bias of its chairman, C.R. de Silva, who they believed was responsible
in part for the failure of a previous commission of inquiry. The U.N.
panel of experts' report described the LLRC as ``a potentially useful
opportunity'' to begin a national dialogue on the country's conflict
but added that it was ``deeply flawed'' and did not meet international
standards for an effective accountability mechanism. Following two six-
month mandate extensions, the LLRC handed its report to the president
November 20.
On December 16, the LLRC report was tabled in parliament and posted
on a government Web site. The government did not make the report
available in Sinhala or Tamil in its entirety. The report made
observations and recommendations for government action on issues
related to the breakdown of the ceasefire agreement, security forces
operations during the final stages of the war, international
humanitarian law, human rights, land, restitution, and reconciliation.
It acknowledged important grievances that contributed to the war, and
many international and civil society groups found the report made
important recommendations for government action to address serious
political, cultural, social, and human rights concerns in the country.
Some such recommendations included calling on the government to: phase
out security forces from civilian affairs and activities; delink the
police department from institution dealing with the armed forces;
investigate and hold accountable those responsible for abductions,
disappearances, and attacks on journalists; implement recommendations
of past domestic commissions of inquiry; disarm and prosecute illegally
armed groups; provide better access to detainees; ensure the right of
information; implement the official trilingual policy; depoliticize the
process to collect and adjudicate land claims; devolve power to local
government institutions; and enact legislation to criminalize enforced
or involuntary disappearances.
Many international and national observers stated that the LLRC did
not adequately address accountability for alleged war crimes committed
by the government and the LTTE during the final months of the conflict.
The LLRC report acknowledged that hospitals were shelled and that there
were considerable civilian casualties during the final stage of the
conflict and recommended investigations into ``possible implications of
the security forces'' in specific instances of civilian death or
injury. Prominent international NGOs, however, stated that the LLRC
report exonerated the government of any wrongdoing. They noted that the
report found no systematic government wrongdoing on issues such as the
``white flag'' incident of the alleged killing of surrendering LTTE
fighters, extensive shelling of No Fire Zones, systematic shelling of
hospitals, and the withholding of humanitarian supplies from civilians
entrapped by the LTTE. The report also limited its analysis of the
Channel 4's ``Sri Lanka's Killing Fields,'' which contains video
footage of purported Sri Lankan soldiers executing bound prisoners and
making lewd comments while mishandling partially clothed female bodies,
to a technical discussion of the video's authenticity (see section
1.a.).
The cabinet approved the National Action Plan for the Protection
and Promotion of Human Rights (NAPHR) on December 14. The five-year
plan was developed per the government's May 2008 pledge under the
Universal Periodic Review to draft a human rights action plan. The
NAPHR presents recommendations in eight areas: civil and political
rights; economic, social, and cultural rights; prevention of torture;
rights of women; labor rights; rights of migrant workers; rights of
children; and rights of IDPs. It also provides timelines and assigns
stakeholder ministries to implement the recommendations. The plan
presents a number of specific and practical recommendations, including
legislation ensuring the right to information, punitive measures
against officers found by the HRCSL to be guilty of torture, and a
substantive criminal offense on disappearances. Civil society activists
criticized its recommendations and timelines as unrealistic for not
taking into account financial or resource constraints and said many of
their contributions were excluded from the final version of the plan.
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 respected
these rights in practice; however, there were instances where gender
and ethnic-based discrimination occurred.
Women.--Rape and Domestic Violence.--The law prohibits rape and
domestic violence, but it was not enforced effectively. Sexual assault,
rape, and spousal abuse were pervasive societal problems. The law
specifically addresses sexual abuse and exploitation, and it contains
provisions in rape cases for an equitable burden of proof and stringent
punishments. Marital rape is considered an offense only in cases of
spouses legally separated. Domestic violence was thought to be
widespread, although discussion of the problem was not common.
While in theory the law could address some of the problems of
sexual assault, many women's organizations believed that greater
sensitization of police and the judiciary was necessary to see progress
in combating these crimes. The Bureau for the Prevention of Abuse of
Women & Children (BPWC) within the police conducted awareness programs
in schools and at the grassroots level, prompting women to file
complaints. The police also established women's bureaus in police
stations throughout the year. The BPWC held awareness programs for
males in state and private organizations and awareness programs
targeted at passenger transport personnel.
According to the police, 1,636 incidents of rape were reported
during the first 11 months of the year, but reported incidences were
unreliable indicators of the degree of this problem, as most victims
were unwilling to file reports. Police officials reported an increase
in statutory rape cases compared with previous years, and girls between
the ages of 13-16 were particularly vulnerable. There were rape cases
where victims dropped charges due to pressures on them or their
families. For example, the Colombo High Court discharged UPFA MP
Duminda Silva from rape charges March 24 after the victim's attorney
told the court that the victim was suffering from depression because of
the incident and did not want to take part in further legal
proceedings.
Services to assist victims of rape and domestic violence, such as
crisis centers, legal aid, and counseling, were generally scarce due to
a lack of funding.
Sexual Harassment.--Sexual harassment is a criminal offense
carrying a maximum sentence of five years in prison. Some observers
acknowledged sexual harassment to be widespread. As with domestic
violence, discussion of the problem was not common.
Human rights groups in northern districts alleged that widows of
men who were killed as a result of the conflict often became victims of
prostitution because of their economic vulnerability.
Sex Tourism.--During the year the National Child Protection
Authority (NCPA) issued a warning of an increase in child sexual
exploitation due to the rapid growth of tourist arrivals. The
government's tourist police and NCPA conducted island-wide awareness
programs focusing on children, travel guides, and the coastal community
close to tourist destinations. There were limited reports of child sex
tourism in isolated areas during the year.
Reproductive Rights.--Couples and individuals were free to decide
the number, spacing, and timing of their children. An estimated 40
percent of the population used modern contraceptives, and skilled
attendance during childbirth was estimated at approximately 97 percent
of births. According to 2008 U.N. estimates, the maternal mortality
rate in the country was 39 deaths per 100,000 live births. Women
appeared to be equally diagnosed and treated for sexually transmitted
infections.
Discrimination.--The law provides for equal employment opportunity
in the public sector. In practice women had no legal protection against
discrimination in the private sector, where they sometimes were paid
less than men for equal work and experienced difficulty in rising to
supervisory positions. Although women constituted approximately half of
the formal workforce, according to the Asian Development Bank, the
quality of employment available to women was less than that available
to men. The demand for female labor was mainly for casual and low-paid,
low-skill jobs.
Women had equal rights under civil and criminal law. However,
adjudication according to the customary law of each ethnic or religious
group of questions related to family law, including divorce, child
custody, and inheritance, resulted in de facto discrimination. The
government drafted a National Action Plan for Women designed to address
women's rights that was under review at the end of the year and was
expected to be approved in 2012.
Children.--Birth Registration.--Citizenship is obtained by birth
within the territory of the country and from a child's parents if born
to citizen parents overseas. Births were registered immediately, and
failure to register resulted in denial of some public services, such as
education.
Child Abuse.--Under the law the definition of child abuse includes
all acts of sexual violence against, trafficking in, and cruelty to
children. The law also prohibits the use of children in exploitative
labor or illegal activities, or in any way contrary to compulsory
education regulations. It also defines child abuse to include the
involvement of children in war. The BPWC conducted investigations into
crimes against children and women. The penalties for sexual assault of
children range from five to 20 years' imprisonment and an unspecified
fine.
NGOs attributed the problem of exploitation of children to the lack
of enforcement, rather than inadequate legislation. The NCPA received
more than 7,000 reports of child abuse in the first 10 months of the
year. Most of the complaints were reported on the NCPA's national
telephone hotline to report child abuse and included children being
sexually abused or molested by their parents, guardians, or people
known to the victims.
Sexual Exploitation of Children.--The government advocated greater
international cooperation to bring those guilty of sexual exploitation
of children to justice. Although the government did not keep records of
particular types of violations, the law prohibits sexual violations
against children, defined as persons less than age 18, particularly in
regard to child pornography, child prostitution, and the trafficking of
children. Penalties for violations related to pornography and
prostitution range from two to five years' imprisonment.
The NCPA estimated in 2009 that approximately 1,000 children were
subjected to commercial sexual exploitation, although some NGOs
believed the actual number was higher. There was little solid data to
elucidate these reports, and the problem of child sexual tourism was
much less prevalent than approximately 10 years ago, although there
were regular reports of underage girls involved in prostitution. The
Department of Probation and Child Care Services provided protection to
child victims of abuse and sexual exploitation and worked with local
NGOs that provided shelter. The NCPA ran an undercover operation in the
southern coastal region to identify sexual tourism perpetrators and
victims. As a preventive measure, the NCPA also implemented an
awareness program conducted at all schools.
Displaced Children.--Children in the IDP camps and resettled areas
were exposed to the same difficult conditions as adult IDPs and
returnees in these areas. Many school facilities were in poor condition
and lacked basic supplies. Medical care in these areas was limited, but
improvements continued throughout the year.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish population remained very small, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law forbids discrimination against
any person with physical, sensory, intellectual, or mental
disabilities; however, in practice discrimination occurred in
employment, education, and provision of state services. On April 27,
the Supreme Court reinforced a 2009 directive that steps be taken to
provide easy access for persons with disabilities to public buildings,
but there was little progress by year's end. There were regulations on
accessibility, but in practice accommodation for access to buildings
for persons with disabilities was rare. On May 11, the government
appointed a consultant on accessibility in health sector buildings to
implement these regulations more effectively.
The government took steps to support participation by persons with
disabilities in civic affairs. For example, on July 10, the Election
Department announced a provision for a disabled person to be
accompanied by another when voting in elections.
Persons with disabilities faced difficulties due to negative
attitudes and societal discrimination. In some rural areas the belief
of many residents that physical and mental disabilities were contagious
led to long-term isolation of such persons, who in some cases rarely or
never left their homes.
National/Racial/Ethnic Minorities.Both local and Indian-origin
Tamils maintained that they suffered long-standing, systematic
discrimination in university education, government employment, and
other matters controlled by the government. On February 22, TNA
parliamentarians filed a fundamental rights violation petition
complaining of purported forced registration of residents in the
predominantly Tamil Jaffna and Kilinochchi districts. On March 3, the
Supreme Court terminated the proceedings after the attorney general
informed the court that the army would stop the registrations.
Nevertheless, reports continued throughout the year of army
registrations in the north. Tamils throughout the country, but
especially in the north and east, reported frequent harassment of young
and middle-age Tamil men by security forces and paramilitary groups.
Indigenous People.--The country's indigenous people, known as
Veddas, by some estimates numbered fewer than 1,000. Some preferred to
maintain their traditional way of life and were nominally protected by
the law. There were no legal restrictions on their participation in
political or economic life. However, the lack of legal documents was a
problem for many. Vedda communities complained that they were pushed
off their lands by the creation of protected forest areas, which
deprived them of traditional livelihoods. Government officials
announced plans in August to build approximately 500 houses for Veddas
according to the specifications of their community to protect their
identity and culture, and construction was in progress at year's end.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
homosexual activity, but it was not enforced. Some NGOs working on LGBT
problems did not register with the government. The CID visited a gay-
rights organization called Companions of a Journey October 10 and 12
and reportedly searched its offices, questioned the staff present, and
took some information of clients. Police reportedly assaulted,
harassed, and extorted money or sexual favors from LGBT persons (see
section 1.c.).
There were LGBT organizations, and several events were held
throughout the year, including an LGBT pride festival week in July. In
addition to pressure, harassment, and assaults by police, there
remained significant societal pressure against members and
organizations of the LGBT community. There were no legal safeguards to
prevent discrimination based on sexual orientation or gender identity.
There were reports that persons undergoing gender reassignment
procedures had difficulty in amending government documents to reflect
those changes.
Other Societal Violence or Discrimination.--There was no official
discrimination against those who provided HIV prevention services or
against high-risk groups likely to spread HIV/AIDS, although there were
reports of societal discrimination against these groups.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions of their choice without
previous authorization, with the exception of members of the armed
forces, police officers, judicial officers, and prison officers, who
may not unionize. The law provides for the right to conduct legal
strikes for workers in nonessential services and for the right to
collective bargaining, except for workers in public service unions.
Seven workers may form a union, adopt a charter, elect leaders, and
publicize their views; however, a union must represent 40 percent of
workers at a given enterprise before the employer legally is obligated
to bargain with it. By law public sector unions are not allowed to form
federations or represent workers from more than one branch or
department of government, although the law generally was not enforced.
The law provides all workers, other than police, armed forces,
prison service, and those in essential services, with the right to
strike. The president has broad discretion to declare sectors
``essential,'' which may include ``any service which is of public
utility or is essential for national security or for the preservation
of public order or to the life of the community and includes any
Department of the Government or branch thereof.'' The International
Trade Union Confederation (ITUC) stated that in the past the government
misused its power to declare an industry ``of public utility'' to make
strikes illegal. No sectors or services were declared essential
services during the year. The law prohibits retribution against
strikers in nonessential sectors.
All collective bargaining agreements must be registered with the
Ministry of Labor. Collective agreements generally lasted for three
years.
Antiunion discrimination was prohibited by law and violations could
results in a fine of 20,000 rupees ($176). On September 6, parliament
passed a regulation to increase the fine to 100,000 rupees ($878).
Employers found guilty of antiunion discrimination are required by law
to reinstate workers fired for union activities but could transfer them
to different locations. Domestic workers in third-party homes and
informal sector workers were not covered by the country's labor laws.
While the law allows unions to conduct their activities without
interference, in practice the government enforced the law unevenly. The
Labor Ministry worked to improve the process for union registration
during the year, although administrative delays continued.
Freedom of association and the right to collective bargaining were
often, but not always, respected in practice. Numerous unions were
active in the country, although it was difficult for some to organize
in private factories. Unions represented workers in large private
firms, but workers in small-scale agriculture and small businesses
usually did not belong to unions. The Employers' Federation of Ceylon,
the apex employers association in Sri Lanka, assisted its member
companies in negotiating with unions and signing collective bargaining
agreements. Approximately one quarter of the more than 525 members of
the Employers' Federation of Ceylon were unionized. Some of them
(including a number of foreign-owned firms) were bound by collective
agreements or had signed memorandums of understanding with trade
unions. Most public sector employees belonged to unions. In practice
the right of association was impeded by the management of individual
factories.
Union activists and officials remained subject to harassment,
intimidation, and other retaliatory practices. There were reports that
employers arbitrarily transferred union members, and there were
numerous reports of unfair dismissals of union members.
While some unions in the public sector were politically
independent, most large unions were affiliated with political parties
and played a prominent role in the political process. The Labor
Ministry was authorized to cancel a union's registration if the union
failed to submit an annual report for three years.
Only the Labor Ministry has standing to pursue an unfair labor
practice case, including for antiunion discrimination. Since 1999 the
ministry has filed three cases against companies for unfair labor
practices under the Industrial Disputes Act. The courts dismissed one
case due to insufficient evidence, one case was unsuccessful, and the
last continued at year's end. Citing routine government inaction on
alleged violations of labor rights, some unions continued to press for
standing to sue, while others did not want that ability, citing the
cost of filing cases. Workers brought some labor violations to court
under various other labor laws, such as the Wages Board or Employees
Provident Fund Acts. Several employers were under investigation under
these statutes.
Unions alleged that employers often indefinitely delayed
recognition of unions for collective bargaining. The ITUC and the
International Labor Organization (ILO) reported that employers used
these delays to postpone or prevent the formation of a union, decrease
support for unionization, and identify, terminate, and sometimes
assault or threaten union activists. To address these concerns, the
ministry issued a circular March 1 that requires labor commissioners to
hold union certification elections within 30 working days if there is
no objection and within 45 working days if there is an objection. No
union elections were held under the new labor circular by year's end.
b. Prohibition of Forced or Compulsory Labor.--The law prohibited
all forms of forced or compulsory labor and the government effectively
enforced such laws. There were reports that in practice children were
subjected to debt bondage in dry-zone farming areas, on plantations,
and to a lesser extent in the fireworks and fish-drying industries.
Debt bondage reportedly occurred in the agriculture, mining, and rope-
making sectors. In many of those cases, parents incurred a debt and
then sent their children to work in order to repay the loan (see
section 7.c.). Situations similar to forced labor occurred in the
employment of children ages 14 to 18 and women working as domestic
workers in some third-party homes as they worked as live-in workers,
and there are no specific regulations governing their employment,
wages, or work hours. Labor ministry inspections do not extend to
domestic workers.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment is 14, although the law permits the
employment of younger children by their parents or guardians in limited
family agriculture work or technical training. In March the government
issued regulations prohibiting the employment of persons under the age
of 18 in 51 types of work considered to be hazardous. The law limits
the work hours of 14- and 15-year-olds to nine hours per day, and those
of 16- and 17-year-olds to 10 hours per day. The government published a
plan in June 2010 for the elimination of the worst forms of child labor
by 2016. This plan was developed with assistance from workers'
representatives, the ILO, and UNICEF. The Labor Ministry made some
progress on the plan during the year. For example, it held a training
program for labor officials and three programs for law enforcement
officers. The ministry also held an awareness raising program for
social partners in five districts.
The NCPA was the central agency for coordinating and monitoring the
protection of children, with the specific mandate to enforce laws on
all forms of child abuse. The Ministry of Labor has the specific
mandate to enforce laws on child labor and hazardous child labor. The
Department of Probation and Child Care Services, and the police, which
operated a specially designated Children's and Women's Bureau to
enforce child labor laws, are also responsible for the enforcement of
child labor laws. From January to December, the Labor Ministry carried
out 237 inspections of child labor situations and found 13 cases of
child labor violations. Agencies charged with child labor law
enforcement, including the Labor Ministry, noted lack of adequate
resources.
The largest sector for child labor, both legal and illegal, was
agriculture, where children under 18 were employed both in plantations
and in nonplantation agriculture during harvest periods. In addition to
agriculture, the majority of working children worked as street vendors;
domestic helpers; and in mining, construction, manufacturing, and
transport. Children engaged in dangerous work in the tile, fishing,
construction, and mining industries. Children displaced by the war were
more vulnerable to being employed in hazardous labor.
Sources indicated that many thousands of children between 14 and 18
were employed in domestic service in urban households. Child domestic
workers reportedly were subjected to physical, sexual, and emotional
abuse, and there were also reports of rural children in debt bondage in
urban households. Child employment was also common in family
enterprises such as family farms, crafts, small trade establishments,
restaurants, and repair shops.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--While there was no national
minimum wage, 43 wage boards established by the Ministry of Labor's
Relations and Manpower Office set minimum wages and working conditions
by sector and industry in consultation with unions and employers. The
minimum monthly wage in the areas of the private sector covered by wage
boards was 6,900 rupees ($61) plus an extra allowance of 1,000 rupees
($9), for a total of 7,900 rupees ($70). The minimum wage in the public
sector is 18,166 rupees ($160). Workers in sectors not covered by wage
boards, including informal sector workers, were not covered by any
minimum wage laws. The official estimate of the poverty income level
was 3,028 ($26.60) per person per month, although the validity of this
was questioned by some analysts.
The law prohibits most full-time workers from regularly working
more than 45 hours per week (a five-and-a-half-day workweek). In
addition the law stipulates a rest period of one hour per day.
Regulations limit the maximum overtime hours to 15 per week. Overtime
pay is 1.5 times the wage and is paid for work done on either Sundays
or holidays. The law provides for paid annual holidays and limits
overtime work.
The government set occupational health and safety standards.
However, health and safety regulations did not fully meet international
standards. Workers have the right to remove themselves from dangerous
situations, but many were unaware of such rights or feared that they
would lose their jobs if they did so. The Labor Ministry's efforts to
enforce occupational safety and health standards were inadequate. There
was a need to improve occupation health and safety in the rapidly
growing construction sector, including on infrastructure development
projects such as port, airport, and road construction projects.
Labor Ministry inspectors checked whether employers were providing
complete pay to employees and were contributing to pension funds as
required by law, but unions questioned whether the inspections were
effective. The ministry's Labor Inspectorate consisted of 618 officers.
The punishment for nonpayment of wages and pension contributions is
negligible, ranging from 100 rupees (88 cents) to 250 rupees ($2.20)
for the first offense and 500 rupees ($4.40) to 1,000 rupees ($8.80)
and/or a jail term of 6 months for the third offense. A fine of 50
rupees (44 cents) per day is charged if the offense continues after
conviction. The labor inspectors did not monitor wages or working
conditions for informal sector workers.
__________
TAJIKISTAN
executive summary
Tajikistan is an authoritarian state that President Emomali Rahmon
and his supporters, drawn mainly from one region of the country,
dominated politically. The constitution provides for a multiparty
political system, but in practice the government obstructed political
pluralism. The February 2010 parliamentary elections were marked by
widespread fraud to ensure the continued rule of the ruling People's
Democratic Party of Tajikistan (PDPT). The PDPT, progovernment
independents, and government-affiliated political parties dominated
parliament. The opposition Islamic Revival Party of Tajikistan (IRPT)
and Communist Party of Tajikistan had two seats each in parliament.
Security forces reported to civilian authorities.
The most significant human rights problems included torture and
abuse of detainees and other persons by security forces, restrictions
on freedoms of expression and religion (especially regarding the
prosecution of journalists and repression of faith groups), and
violence and discrimination against women.
Other human rights problems included arbitrary arrest; denial of
the right to a fair trial; harsh and life-threatening prison
conditions; prohibition of international monitor access to prisons;
limitations on children's religious education; corruption; and forced
labor including begging, cotton harvesting, and trafficking in persons.
Officials in the security services and elsewhere in the government
acted with impunity. There were no prosecutions of government officials
for human rights abuses.
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, but at least two individuals died while in
government custody.
Safarali Sangov died on March 5, four days after police detained
him. Sangov's wife told the media that her husband died as a result of
torture by Ministry of Interior (MVD) staff. She claimed seven police
officers entered their house and severely beat Sangov before taking him
away. MVD authorities denied the allegations. Later a court charged two
officers, Abdurahmon Yaqubov and Qodir Hasanov, with ``negligence.'' At
year's end their case continued, but the defendants were dismissed from
their jobs. In a nearly identical case, Bahromiddin Shodiyev died on
November 2 after allegedly being tortured in police detention.
According to his mother, Shodiyev regained consciousness in the
hospital and told her that he had been beaten until he confessed to
crimes he had not committed. He told her that police taped his mouth
shut so no one could hear him screaming. In both cases police initially
claimed that the detainees attempted to commit suicide by jumping out
of a second-story window.
b. Disappearance.--There were no new reports of politically
motivated disappearances. However, during the 95th session of the U.N.
Working Group on Enforced or Involuntary Disappearances (WGEID) in
November 2010, the organization examined information on previously
accepted but unresolved cases of disappearance. The WGEID requested a
site visit based on the high number and credibility of reports it had
received. The request was for U.N. special rapporteurs, including on
torture and on the right to adequate housing. The government did not
provide a response to this request.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits the use of torture, but there
is no specific definition of torture in the law or a provision of
criminal liability for committing an act of torture. An article in the
criminal procedure code (CPC) states that evidence acquired through
torture is inadmissible. Some security officials reportedly continued
to use beatings or other forms of coercion to extract confessions
during interrogations. General Prosecutor Sherkhon Salimzoda stated
during a press conference that only 13 of the 48 complaints filed in
2010 had evidence of torture. Officials did not grant sufficient access
to information to allow human rights organizations to investigate
claims of torture.
Urunboy Usmonov, a BBC journalist arrested and detained on June 13,
claimed in a court hearing on August 18 that he was tortured while in
custody. The judge refused to acknowledge Usmonov's claims of torture
during the trial. A BBC official on a visit to the country reported
that Usmonov's treatment was far worse than he alleged in court and
included beatings, electrical shocks, and cigarette burns. According to
the BBC official, Usmonov's abridged testimony occurred because he
feared reprisals against him and his family.
Prison and Detention Center Conditions.--The government did not
permit international observers access to monitor its prisons. Exact
conditions in the prisons remained unknown, but detainees and inmates
described harsh and life-threatening prison conditions, including
extreme overcrowding and unsanitary conditions. Disease and hunger were
serious problems. U.N. agencies reported that infection rates of
tuberculosis and HIV in prisons were significant, and the quality of
medical treatment was poor.
The government operates eight prisons, including one for females,
and four pretrial detention facilities.
The Ministry of Justice (MOJ) continued to deny access to prisons
or detention facilities to representatives of the international
community and civil society. There were no known cases of prisoners
submitting formal complaints regarding conditions. In August the
International Committee of the Red Cross (ICRC) resumed negotiations on
a prison access agreement with the government. Because of the lack of
access, it was not known whether prisoners had access to potable water,
whether steps existed to use alternatives to sentencing for nonviolent
offenders, or whether the conditions of female prisoners were worse
than for men.
d. Arbitrary Arrest or Detention.--The CPC does not explicitly
prohibit arbitrary arrests, and in practice arbitrary arrests were
common. Few citizens were aware of their right to protest an arrest,
and there were few checks on the power of police and military officers
to detain individuals. Police often detained men wearing beards, for
example, and questioned them on suspicion of religious extremism.
Role of the Police and Security Apparatus.--The MVD, Drug Control
Agency (DCA), Agency on State Financial Control and Fight Against
Corruption (an anticorruption agency), State Committee for National
Security (GKNB), State Tax Committee, and Customs Service share
civilian law enforcement responsibilities. The MVD is responsible
primarily for public order and controls the police force. The DCA,
anticorruption agency, and State Tax Committee have mandates to
investigate specific crimes, and they report to the president. The GKNB
has responsibility for intelligence and controls the Border Service,
but it also investigates cases linked to alleged extremist political or
religious activity. The Customs Service reports directly to the
president. The Prosecutor General's Office oversees the criminal
investigations that these agencies conduct.
The agencies' responsibilities overlap significantly, and law
enforcement organizations defer to the GKNB. Law enforcement agencies
were not effective in investigating organized criminal gangs because
the gangs maintained high-level connections with government officials
and security agencies. Narcotics agencies, for example, regularly were
ordered to drop investigations of possible ties between high-level
officials and drug traffickers.
Official impunity continued to be a serious problem. Victims of
police abuse may submit a formal complaint in writing to the officer's
superior or the Office of the Ombudsman. Most victims reportedly chose
to remain silent rather than risk official retaliation. The Ombudsman's
Office for Human Rights made efforts to respond to complaints about
civil rights violations but rarely intervened, citing that the office
does not have the power to make statements or recommendations regarding
criminal cases.
Arrest Procedures and Treatment While in Detention.--According to
the CPC, police may detain an individual up to 12 hours before
authorities must file criminal charges. If charges are not filed after
12 hours, the individual must be released. In practice police often did
not inform detainees of the arrest charges. If police file criminal
charges, they may detain an individual 72 hours before they must
present their charges to a judge for an indictment hearing. The judge
is empowered to order detention, house arrest, or bail, pending trial.
According to the CPC, family members are allowed access to
prisoners after indictment, but officials occasionally denied attorneys
and family members access. Authorities held detainees charged in crimes
related to national security or extremism for extended periods without
formally charging them.
Arbitrary Arrest.--The government generally provided a rationale
for arrests, although some detainees claimed that authorities falsified
charges or inflated minor problems to make politically motivated
arrests. Some police and judicial officials regularly accepted bribes
in exchange for lenient sentencing or release. Law enforcement
officials must request an extension from a judge to detain an
individual in pretrial detention after two, six, and 12 months.
Pretrial Detention.--Defense advocates alleged that prosecutors
often held suspects for lengthy periods and registered the initial
arrest only when the suspect was ready to confess. In most cases
pretrial detention lasted from one to three months but could extend as
long as 15 months in exceptional circumstances.
Amnesty.--As part of the 20th anniversary of independence,
parliament approved a prisoner amnesty bill initiated by the
presidential administration. Those considered for amnesty reportedly
were former Islamic fighters, persons who had served more than three-
quarters of their sentence, draft dodgers, all female detainees, male
minors and male detainees over the age of 55, and detainees diagnosed
as suffering serious illness. The amnesty law did not affect those
already serving life terms and those convicted on terrorism charges.
During the amnesty period of August 20-November 20, more than 4,300
people were released from prison or predetention facilities, including
196 women and 153 people under 18 years old. More than 5,000 people
received reductions in their sentences but remained in detention.
e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, in practice the executive branch exerted
pressure on prosecutors and judges. Corruption and inefficiency were
significant problems.
Trial Procedures.--Defendants are legally afforded a presumption of
innocence, but they did not enjoy it in practice. Nearly all defendants
were found guilty. During the year there were 54 acquittals in 5,973
cases, of which 15 were fully acquitted and the remaining 39 received
partial acquittals and guilt at lesser levels. Trials are presided over
by a judge, who issues verdicts. There is no system of trial by jury.
Defendants generally were able to consult with an attorney in a timely
manner during trials but often were denied the right to an attorney
during the pretrial and investigatory periods. By law the government
should provide an attorney at public expense if requested, but the
government rarely provided free legal aid. A number of local and
international nongovernmental organizations (NGOs) provided free legal
counsel to defendants.
Defendants may present witnesses and evidence at trial with the
consent of the judge. Defendants and attorneys have the right to review
all government evidence, confront and question witnesses, and present
evidence and testimony. No groups are barred from testifying, and in
principle all testimony receives equal consideration. In practice
courts generally gave prosecutorial testimony more consideration than
defense testimony. The law extends the rights of defendants in trial
procedures to all citizens; it also provides for the right to appeal.
Low wages for judges and prosecutors left them vulnerable to
bribery, which was a common practice. Government officials subjected
judges to political influence.
Although trials are public, civil society members faced
difficulties in gaining access to high-profile public cases. The case
against Muhammadyusuf Ismoilov, Asht journalist of the Dushanbe
independent weekly newspaper Nuri Zindagi, was moved from civil court
to the Investigation Detention Center, which restricted the access of
media and human rights NGOs to the trial. A similar situation occurred
with the court case in Khujand against a BBC journalist. NGOs reported
that the government generally permitted them to monitor routine trials.
Political Prisoners and Detainees.--Authorities claimed that there
were no political prisoners and that they did not make any politically
motivated arrests. Opposition parties and local observers claimed the
government selectively prosecuted political opponents. There was no
reliable estimate of the number of political prisoners.
Civil Judicial Procedures and Remedies.--Civil cases are heard in
general civil courts, economic courts, and military courts. Judges may
order monetary compensation for victims in criminal cases. There were
no known cases of individuals filing civil cases for alleged violations
of human rights.
Property Restitution.--The government on several occasions seized
private property with little or no justification, public notice, or
debate. By law the government must offer residents compensation equal
to the value of their abandoned property, but compensation was often of
lesser value.
The Roghun power station relocation, which began in 2009, raised
concern among those who resided in the future flood area. They
reportedly received inadequate compensation and faced forceful
relocation. Many families were relocated, but resettlement was
suspended until the results become available from two World Bank-
commissioned studies examining the dam's economic feasibility and
social and environmental impact.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution states that the home is inviolable.
With certain exceptions, it is illegal to enter the home by force and
deprive a person of a home. The CPC states that police cannot enter and
search a private home without the approval of a judge. Searches may be
carried out with only a prosecutor's authorization in exceptional
cases, ``where there is an actual risk that the object searched for and
subject to seizure may be delayed in being discovered, be lost, damaged
or used for criminal purposes, or a fugitive may escape.'' The law
states that courts must be notified of such searches within 24 hours.
In practice police frequently ignored these laws and infringed on
citizens' right to privacy, including personal searches without a
warrant.
According to the CPC, ``when sufficient grounds exist to believe
that information, documents, or objects that are relevant to the
criminal case may be contained in letters, telegrams, radiograms,
packages, parcels, or other mail and telegraph correspondence, they may
be intercepted'' with a warrant issued by a judge. The law states that
only a judge may authorize monitoring of telephone or other
communication. In practice government security offices often monitored
communication without judicial authorization.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Freedom of Speech: The law provides for freedom of speech and
press, but in practice the government restricted these rights. By law a
person can be imprisoned for as long as five years for insulting the
president.
Freedom of the Press.--Independent media were active, despite
significant pressure by the government on media outlets. Although some
print media published political commentary and investigatory material
critical of the government, journalists observed that certain topics
were considered off limits, including derogatory information about the
president or his family, or questions about financial impropriety by
those close to the president. As observed in the previous year, there
was a dramatic increase in the number of lawsuits against independent
journalists and media outlets.
There were four state-run television channels that broadcasted
throughout the country and five state-run television stations that
broadcasted regionally. There was one national and several regional
state-run radio stations. Several independent television and radio
stations were available in a small portion of the country, but the
government controlled most broadcasting transmission facilities. The
government allowed some international media to operate freely and also
permitted rebroadcasts of Russian television and radio programs.
Violence and Harassment.--In November 2010 Makhmadyusuf Ismoilov, a
reporter with Nuri Zindagi, was arrested in Asht District and later
charged with inciting religious and national hatred, slander, insulting
honor and dignity of an individual, and extortion. Media analysts
alleged that the charges were politically motivated. Ismoilov wrote
several articles documenting corrupt acts committed by Asht District
officials. He remained in detention until October 14, when he was found
guilty but released from detention under the amnesty law.
In July security forces detained BBC journalist Urunboy Usmonov
following publication of his interviews with alleged members of Hizb-
ut-Tahrir. Police initially charged Usmonov with membership in an
extremist organization and ultimately with failure to report his
contact with the group. After international and internal pressure,
authorities released him, but the case regarding his alleged failure to
report his contact with the group continued in court. His case ended on
October 14 when a court found him guilty, but his sentence was
suspended under the amnesty law.
Censorship or Content Restrictions.--Journalists regularly
practiced self-censorship to avoid retribution from officials.
Opposition politicians had limited access to state-run television. The
government gave opposition parties minimal broadcast time to express
their political views, while the president's party had numerous
opportunities to broadcast its messages.
Publishing Restrictions.--The government exercised some
restrictions on the distribution of materials, requiring all newspapers
and magazines with circulations exceeding 99 recipients to register
with the Ministry of Culture. The government continued to control all
major printing presses and the supply of newsprint. Community radio
stations continued to experience registration and licensing problems
that prevented them from broadcasting. Independent radio and television
stations experienced bureaucratic delays to registration. The
government restricted issuance of licenses to new stations, in part
through an excessively complex application process. For example, new
stations must be licensed by the Commission of the National Committee
on Television and Radio, which directly managed the national television
and radio stations. The government continued to deny BBC a renewal of
its license to broadcast on FM radio.
Internet Freedom.--There were new and continuing government
restrictions on access to Internet Web sites. On May 20, the government
restricted access to turajon.com, a Web site created by religious
leaders Akbar Turajonzoda and his brothers Eshoni Nouriddin and Eshoni
Mahmoudjon. The Web site was available by proxy servers.
Individuals and groups could engage in the expression of views via
the Internet, including by e-mail. In August the government formed a
cybercrimes and communications unit of the Combating Organized Crime
Department. One of its tasks is to monitor activity in Internet cafes
and electronic gaming centers.
There was a rise in social networking via Facebook, Twitter, and
other social Web sites. Cases of organized public protests via Facebook
were emerging. On April 8, 30 people gathered at the state energy
agency Barqi Tojik to protest severe electricity shortages. Citizens
initiated the protest through Facebook and later posted news and their
views of the event on the Web site. This was the first known example of
organized public protest via social networking.
Academic Freedom and Cultural Events.--Throughout the year pressure
continued against the only private higher education institution, the
Institute of Innovative Technologies and Communication (IITC),
following the Ministry of Education's 2010 revocation of its license.
The government claimed that the IITC ``failed to meet the ministry's
standards.'' Law enforcement bodies confiscated IITC equipment and
documentation. IITC protested unsuccessfully to the government. As the
IITC employed several prominent members of opposition political
parties, observers alleged that its closure was politically motivated.
The Ministry of Education maintained a dress code that bans the
hijab in schools and expelled several students and fired one teacher at
Tajik National University for wearing it. Women wearing a traditional
local head covering, a scarf that covers hair but not the neck, were
allowed to study in schools and universities. According to imams in
Khujand, many parents kept their daughters from school rather than
allow them to go without the hijab.
The Ministry of Education expanded its ban on beards to all
teachers despite previously allowing teachers over the age of 50 to
maintain beards less than 1.25 inches in length.
The Ministry of Education led a campaign promoting public
discussions of the controversial Law on Parental Responsibility, which
bans all secondary school students from attending mosques.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides the right to freedom of assembly,
but the government required that individuals obtain permission from the
government to stage public demonstrations. Individuals considering
staging peaceful protests reportedly chose not to do so due to fear of
government reprisal.
Freedom of Association.--The constitution protects freedom of
association, but in practice the government restricted this right.
There was an increase in small-scale demonstrations related to economic
issues, land reform, electricity shortages, and corruption of local
officials.
On April 27, 10 women from Kulob who were given new homes after the
2010 floods protested in front of the presidential administration
building. They claimed local officials were trying to evict them from
their new homes. Police and security personnel forced them to disperse
but promised to pass their appeal to presidential advisors. At year's
end the case remained unresolved.
In late December 2010, members of the Atovullo Raqibov family held
a hunger strike and demonstrated in front of the ombudsman's office to
demand compensation for Faizobod District officials' partial demolition
of their home to make way for a road in 2009. After their protest
Atovullo Raqibov, his wife, and two sisters were charged with
hooliganism, allegedly for breaking the window of a bulldozer as it
destroyed their residence. On April 25, IRPT Chairman Kabiri and
journalists from Asia-Plus met Faizobod officials, who agreed to give
the displaced family a new plot of land. Kabiri won media praise for
promising to finance a new home for the family. On April 28, a Faizobod
court convicted the Raqibovs on the hooliganism charge but released
them on probation.
c. Freedom of Religion.--See the Department of State's
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.--In-Country Movement: The law provides
for freedom of movement, but in practice the government imposed some
restrictions. Foreigners are prohibited from traveling within a 15-mile
zone along the borders with China and Afghanistan unless they obtain
permission from the Ministry of Foreign Affairs. Officials did not
always enforce the restrictions along the western border with
Afghanistan, although the government continued to require travelers
(including international workers and diplomats) to obtain special
permits to visit Gorno-Badakhshan. Diplomats and international aid
workers could travel to the Afghanistan border without prior
authorization.
Exile.--There are no laws that provide for exile, and there were no
reports of forced exile. Some government opponents remained in self-
imposed exile in Russia. On August 17, a Jehovah's Witnesses member,
Sherzod Rahimov, was deported to Uzbekistan for participating in
unregistered religious activities.
Protection of Refugees.--Access to Asylum.--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. However, the process for making asylum status determinations
remained problematic and nontransparent. The government processed
asylum applications through the National Refugee Status Determination
Commission and granted applicants documents to regularize their stay
and to prevent deportation. When denying refugee status, officials
usually cited lack of evidence of persecution in the refugee's home
country or ``malpractice'' on the part of refugees applying to renew
their status--such as violation of the prohibition of living in
Dushanbe. Unofficially some refugees claimed the authorities could deny
cases if sufficiently high bribes were not paid.
The government generally succeeded in registering those with a
claim to refugee or asylum seeker status, but it also placed
significant restrictions on claimants. Officials continued to enforce a
2000 law prohibiting asylum seekers and refugees from residing in urban
areas. Security officials regularly monitored refugee populations.
Refugees and asylum seekers believed to be residing in prohibited areas
were subject to police raids throughout the year.
According to the Office of the U.N. High Commissioner for Refugees
(UNHCR), the inflow of refugees from Afghanistan continued unabated
during the year, and the government continued to demonstrate a
particular concern about the country's population of refugees from that
country. As in previous years, approximately 98 percent of all refugees
and asylum seekers were Afghan. During the year the government granted
many Afghans refugee status, but only for one year, after which they
had to reapply for status to stay in the country.
By December the government had 2,559 registered refugees and an
additional 17 asylum seekers seeking refugee status, of whom 2,504 were
Afghans. However, the UNHCR believed the government might have
underestimated these figures. Official government statistics showed
Afghan, Iranian, and Kyrgyz refugees as well as asylum seekers. Overall
the government continued to cooperate with the UNHCR, which retained
its observer status in the Refugee Status Determination Commission.
Although the law stipulates that refugee status should be granted
for as long as three years, the transfer of refugee processing to the
Ministry of the Interior in 2009 resulted in much shorter periods. The
law officially allows refugees to apply for citizenship after two-and-
one-half years, but very few applicants were granted citizenship in the
past. Several citizenship cases the UNHCR submitted for direct
consideration during the year were either refused or remained pending.
Employment.--Refugees and asylum seekers were generally required to
secure employment, food, shelter, education, and access to basic
services themselves, although the UNHCR provided significant
assistance. By law registered refugees should have equal access to law
enforcement and the judicial system. An increasing percentage of
refugees entering the country did not possess professional backgrounds
or job skills, and many faced discrimination by the local Tajik
population. The requirement to live outside urban areas created
additional problems for finding adequate work. The UNHCR provided some
assistance to female refugees by providing vocational job training in
skills such as sewing, cooking, and hairdressing. Most male refugees
worked for small enterprises. Most female refugees did not work and
remained in the home, in accordance with traditional cultures. Refugees
and asylum seekers are legally entitled to education and health
services alongside Tajik citizens. The Ministry of Education allowed
Afghan parents to send their children to local schools without paying
fees. UNHCR partners provided books and school uniforms and some
language classes to these children and assisted with their medical
expenses.
Durable Solutions.--In 2008 the government and UNHCR signed an
agreement regarding local integration of refugees into the general
population as a more durable solution to the refugee situation. The
government promised to consider individual refugee cases for
citizenship, but many of these cases remained pending.
According to the UNHCR, there were 440 stateless persons and 2,300
persons whose citizenship status was undetermined, meaning they were
still using Soviet Union passports.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully through elections. In practice the government restricted
this right.
The president and his supporters continued to dominate the
government. The president's political party, the PDPT, dominated both
houses of parliament. PDPT members held most government positions. The
president had broad authority to appoint and dismiss officials, and he
exercised that authority throughout the year.
Elections and Political Participation.--There were eight legally
registered political parties, including the PDPT. Observers considered
only three of these parties to be independent of the government.
Opposition political parties had moderate popular support and faced
scrutiny by the government. All senior members of President Rahmon's
government were PDPT members, and most members of the country's 97-seat
parliament were members of the PDPT, belonged to progovernment parties,
or were PDPT-affiliated independents.
In the lower, 63-member chamber of the parliament, there were 12
female members and one minority group member. In the upper, 33-member
chamber of parliament, there were five women and one member of a
minority group. Cultural practices discouraged female participation in
politics, although the government and political parties made efforts to
promote their involvement.
There were no female ministers or ministers from minority groups.
The deputy prime minister was a woman; several women held deputy
minister positions.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively. Officials
frequently engaged in corrupt practices with impunity. Corruption,
nepotism, and regional hiring bias were pervasive at all levels of
government.
Corruption in the Education Ministry was systemic. Prospective
students were required to pay thousands of dollars in bribes to enter
the country's most prestigious universities, while even provincial
colleges required several hundred dollars. Students often paid
additional bribes to receive good grades on exams.
Many traffic police retained fines they collected for violations.
Traffic police posted at regular intervals along roads arbitrarily
stopped drivers to ask for bribes. The problem was systemic in part due
to the low official wages paid to traffic police. According to reports
many traffic police must pay for their jobs, an expense they try to
recoup by extracting bribes from motorists.
The MVD and the Prosecutor General's Office are responsible for
investigating, arresting, and prosecuting corrupt officials. The
government acknowledged a problem with corruption and took some steps
to combat it, including putting lower-level officials on trial for
taking bribes. The government did not charge high-level officials with
corruption.
The prosecutor general investigated some cases of corruption by
government employees, but the bulk of the cases involved mid- or lower-
level officials, and none involved large-scale abuses. Public officials
were not subject to financial disclosure laws. According to the
anticorruption agency, the government identified 1,017 cases of
corruption by government officials and dismissed 60 officials for
misconduct in the first six months of the year.
Public budgets, particularly those involving major state-owned
enterprises, lacked transparency. Although parliament has oversight
over the state budget, in practice it passed annual budgets almost
without comment despite large, unexplained, and undefined expenses. In
May 2010 the government released a report on budget performance for the
previous year; the report contained numerous details about education,
health, and other social sector spending. No such report was released
during the year. A considerable amount of government spending appeared
to occur off-budget, including major buildings, parks, and other
special projects such as summer residences for the president.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
As in previous years, domestic and international human rights
groups usually were able to monitor and report on the general human
rights situation in the country. NGOs and journalists were careful,
however, to avoid public criticism of the president or other high-
ranking officials.
U.N. and Other International Bodies.--The government generally
cooperated with international NGOs. It facilitated visits by high-
ranking officials from the U.N. the Organization for Security and
Cooperation in Europe (OSCE), and other international organizations but
continued to deny the ICRC access to prison facilities, although it
opened a new dialogue in August.
Government Human Rights Bodies.--The Office of the Human Rights
Ombudsman made very little effort to respond to civil complaints during
the year, and its limited staff and budget further constrained its
capacity to do so. As opposed to efforts made in the previous year, the
Ombudsman's Office did not show any initiative to meet with NGOs to
discuss specific human rights cases and general human rights issues in
the country. Some meetings that were conducted were of general
character and did not result in anything specific. The office lacked
full independence; the ombudsman publicly defended some government
policies that violated human rights.
The government's Office for Constitutional Guarantees of Citizens'
Rights continued to investigate and answer citizens' complaints, but
staffing inadequacies and uneven cooperation from other government
institutions hampered the office's effectiveness. The parliamentary
committee on legislation and human rights examined proposed legislation
for compliance with human rights obligations, but according to
observers it did not fulfill its primary responsibility to raise human
rights concerns in new legislation.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides for the rights and freedoms of every person
regardless of race, gender, disability, language, or social status, but
in practice there was discrimination against women and persons with
disabilities. Trafficking in persons remained a problem.
Women.--Rape and Domestic Violence.--The law prohibits rape, which
is punishable by up to 20 years' imprisonment. There is no separate
statute for spousal rape. The government was unable to provide
statistics on the number of cases or convictions. Law enforcement
officials usually advised women not to file charges but registered
cases on insistence of the victim. Most observers believed the majority
of cases were unreported because victims wished to avoid being
stigmatized.
Violence against women, including spousal abuse, remained a
widespread problem. Between a third and a half of women experienced
physical, psychological, or sexual abuse by husbands or other family
members. Women massively underreported violence against them, fearing
reprisals or because of inadequate response by the police and
judiciary, resulting in virtual impunity for the perpetrators. Domestic
violence was widely justified as a ``family matter'' by the authorities
wishing to promote traditional gender roles. Women and girls were even
more vulnerable to domestic violence because of early and unregistered
marriages and an increased early drop-out rate from school.
There was one police station fully equipped to work with domestic
violence victims. The station was one of the five nationwide staffed
with police officers trained, also with OSCE support, to respond to
family violence cases and address the needs of victims in a gender-
sensitive manner. There was one comprehensive shelter for victims of
domestic violence in the country, supported by the OSCE and operated by
an NGO in Khujand. The government and NGOs operated additional crisis
centers and hotlines for women in rural areas, where women could seek
guidance on domestic violence problems and legal assistance, but many
centers lacked funding and resources. Local governments donated the
premises for three of the shelters. The Committee for Women's Affairs
(within the government) had limited resources to assist domestic
violence victims, but local committee representatives referred women to
the crisis shelters for assistance.
There is no comprehensive law against domestic violence. The
government took some steps to conduct public information campaigns and
collect information on domestic violence, but most cases of domestic
abuse went unreported. Authorities seldom investigated reported cases,
and few alleged perpetrators were prosecuted. By law police cannot act
without a written complaint from the victim, even if there were other
witnesses, and police often gave only warnings, short-term detentions,
or fines for committing ``administrative offenses'' in cases of
domestic violence.
In some rural areas, officials observed a continued trend of female
suicide; domestic abuse by in-laws or labor migration may have been
contributing causes.
Sexual Harassment.--There was no specific statute banning sexual
harassment in the workplace. Victims often did not report incidents
because of fear of social stigma.
Reproductive Rights.--The government did not interfere with the
rights of individuals and couples to decide freely and responsibly the
number, spacing, and timing of their children and to have the
information and means to do so free from discrimination, coercion, and
violence. According to the Ministry of Health, 26.7 percent of women
between ages 15 and 49 used modern forms of contraception and 76
percent of births were attended by skilled personnel. The ministry also
reported in November that 80.6 percent of women received postpartum
care and that the maternal mortality rate was approximately 37 per
100,000 births.
Women were increasingly vulnerable to HIV infection because of
social taboos on discussion of sex education issues and popular
sentiment against the use of condoms. Women remained a minority of
those infected with HIV, although their incidence of infection was
increasing. According to the government's National Center on HIV, under
the Ministry of Health, 989 new cases (707 men and 282 women) of HIV
infection were detected during the year. The total number of officially
registered HIV cases in the country was 3,846 individuals--2,987 men
and 859 women.
Discrimination.--Women were underrepresented in decision-making
processes at all levels of political institutions. Female
representation in all branches of power was less than 30 percent. The
country had no female ministers or ambassadors. The 2004 Council of
Ulemo fatwa (religious edict) prohibiting women from praying in mosques
remained in effect.
Amnesty International noted gender segregation in employment,
``with the vast majority of the working female population (86 percent)
working in the low-paid sectors, such as agriculture (75 percent),
public health services, and education. Wages in these branches are
approximately four to seven times lower than in other spheres (as in
industry, construction, transportation, and communication).
Furthermore, a significant number of women of employable age are
engaged in housekeeping or in the informal sector of the economy.'' The
law provides that women receive equal pay as men for equal work, but
cultural barriers continued to restrict the professional opportunities
available to women. According to the World Bank's Women, Business, and
the Law report, women and men have equal ownership rights to property,
although in practice women owned significantly less property than men.
There was no specific statute prohibiting sexual harassment in the
workplace. Victims often did not report incidents because of fear of
social stigma.
The law protects women's rights in marriage and family matters, but
some female minors were pressured to marry against their will. NGOs
estimated that up to 10 percent of men practiced polygamy, although it
is illegal. Women in polygamous marriages often were married in
religious ceremonies but not registered with the government. Husbands
who simply repeated a phrase in front of two witnesses could easily
divorce unregistered wives. Inheritance laws do not discriminate
against women, although in practice some inheritances passed
disproportionately to sons.
Children.--Birth Registration.--Citizenship is derived both by
birth within the country's territory and from one's parents. The
government is required to register all births. Many parents do not
register births until a child is ready to enter school, since birth
registration is required to receive public services.
Education.--Free and universal public education is compulsory until
the age of 16 or completion of the ninth grade. UNICEF indicated that
school attendance was generally good through the primary grades, but
girls faced disadvantages, especially in rural school systems where
families elected to keep them home after primary grades to take care of
siblings or work in agriculture. Underage marriage was widespread in
some rural areas, and many parents directed their daughters to quit
school after the ninth grade.
Child Abuse.--The Committee on Women and Family Affairs and
regional child rights protection departments are responsible for
addressing issues of violence against children. Girls who had been
subject to all kinds of violence could receive support from several
centers throughout the country. The Women of Science of Tajikistan
Association, supported by UNICEF and the Dushanbe mayor's office,
organized a hotline for free legal and psychological consultations for
girls who were victims of violence.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law on social protection of persons
with disabilities applies to individuals having either physical or
mental disabilities. The law prohibits discrimination against persons
with disabilities in employment, education, access to health care, and
provision of other state services, but public and private institutions
generally did not have the resources to provide legal safeguards. The
law requires government buildings, schools, hospitals, and
transportation to be accessible to persons with disabilities, but the
government did not enforce these provisions. To attend school, children
must be deemed ``medically fit'' by doctors. Many children with
disabilities were not able to attend school because doctors considered
them to be not ``medically fit.''
The government's Commission on Fulfillment of International Human
Rights, the Society of Invalids, and local and regional governmental
structures are charged with protecting the rights of persons with
disabilities. Although the government maintained group living and
medical facilities for persons with disabilities, funding was limited
and facilities were in poor condition.
National/Racial/Ethnic Minorities.Generally discrimination was not
a significant problem. There were reports that some law enforcement
officials harassed ethnic Afghans and Uzbeks, but such reports were not
common.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Gay and lesbian relationships
have been legal in the country since 1998, and the age of consent is
the same as for heterosexual relationships. Throughout the country
there was significant societal discrimination against lesbian, gay,
bisexual, and transgender (LGBT) persons, and there was little to no
public activism on their behalf. There were no known acts of violence
against members of LGBT communities, and there were no documented cases
of government discrimination against LGBT persons.
Other Societal Violence or Discrimination.--There was societal
discrimination against individuals with HIV/AIDS. The government
offered HIV testing free of charge at 140 facilities, and partner
notification was mandatory and anonymous. The World Health Organization
noted officials systematically offered HIV testing to prisoners,
military recruits, street children, refugees, and persons seeking
visas, residence, or citizenship.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers the right to form and join independent unions
but requires all NGOs, including trade unions, to be registered. By law
unions are allowed to conduct activities without interference, except
``in cases specified by law,'' but those cases are not defined. Workers
have the right to strike. The Law on Meetings does not restrict the
right to strike but requires that meetings and other mass actions have
prior official authorization, thus limiting trade unions' ability to
organize meetings or demonstrations. The law provides for the right to
organize and bargain collectively. The law does not specifically
prohibit antiunion discrimination.
In practice workers joined unions. The government used informal
means to exercise considerable influence over organized labor,
including influencing the selection of labor union leaders. The
umbrella Federation of Trade Unions of Tajikistan did not effectively
represent worker interests. There were reports that the government
compelled some citizens to join state-endorsed trade unions and impeded
formation of independent unions. According to official figures, 1.3
million persons belonged to unions, approximately 63 percent of the
active work force. There were no reports of antiunion discrimination
during the year.
Citizens were reluctant to strike due to fear of government
retaliation. Ninety percent of workers were covered by collective
bargaining contracts. Foreign, specifically Chinese, workers in some
cases received preferable treatment to Tajik workers in labor disputes.
Zervashan Gold Company continued to deny that Tajik workers went on
strike in September to demand wages equivalent to their Chinese
counterparts, who made 15-20 times more than Tajik workers. The case
continued at year's end.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including of children, except in cases
defined in the law. Since the Soviet era, local officials compelled
state workers, particularly in the Khatlon and Sughd regions, to pick
cotton during the annual cotton harvest.
On September 20, local media reported that companies in the Sughd
region sent employees to the cotton fields to help with harvesting.
Residents disputed claims by local authorities that this was voluntary.
The head of the local administration's industry department received
instructions to provide cotton pickers from the town of Qairoqqum and
that ``everyone going is a volunteer.'' Reports from the government and
independent NGOs suggested that work done in the cotton fields was on a
volunteer basis in most cases. Media reports of forced labor could not
be corroborated.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Forced child labor was a dwindling problem, and the government
aggressively enforced labor laws and worked with the International
Organization for Migration (IOM) to prevent the use of forced child
labor in the autumn cotton harvest. The highest incidences of child
labor were in the domestic and agricultural sectors, but over the past
two years these cases have been isolated. The instances of forced child
labor in the cotton harvest decreased drastically. The IOM interim
report for the fall showed almost no cases of forced child labor, and
most of these cases were prosecuted by local or national government
authorities.
The minimum age for children to work is 16, although children may
work at the age of 15 with local trade union permission. By law
children younger than 18 may work no more than six hours a day and 36
hours per week. Children as young as seven years old may participate in
household labor and agricultural work, which are separately classified
as family assistance. Many children younger than age 10 worked in
bazaars or sold goods on the street.
The Inter-Ministerial Commission to Combat Trafficking in Persons
disseminated a directive to local officials reiterating existing
prohibitions. The government accredited NGOs working through the IOM to
monitor the cotton harvest. These NGOs, with the cooperation of the
government, conducted monitoring visits to cotton fields and schools.
Government officials accompanying IOM representatives met with local
officials to reiterate the law's prohibition against forced child
labor. Site visits by diplomats confirmed monitors' observations that
government efforts resulted in a significant reduction in the use of
forced child labor. The government also distributed a second draft
National Action Plan on Trafficking in Persons, including benchmarks
and strategies for combating child labor for NGO and diplomatic
community comment.
Enforcement of child labor laws is the responsibility of the
Prosecutor's Office, MOJ, Ministry of Social Welfare, MVD, and
appropriate local and regional governmental offices. Unions also are
responsible for reporting any violations in the employment of minors.
Citizens can bring unresolved cases between unions and employers before
the prosecutor general for investigation. Few violations were reported,
because most children worked under the family assistance exception.
d. Acceptable Conditions of Work.--The estimated average monthly
wage was TJS 472 (approximately $100), but in many sectors the average
wages were far lower. In the agricultural sector, for example, the
average wage was estimated at TJS 108 ($24.50). The government
acknowledged the problem of low wages and provided subsidies for
workers and their families who earned the minimum wage of TJS 80 ($17)
per month. Some establishments compensated their employees with food
commodities or enterprise-produced products, which employees either
sold or bartered in local markets. The government defines the minimum
standard of living as a basket of goods equal to $24 per month. Thus a
family of four requires a minimum of $96 a month to stay above the
poverty line. The government does not have a formal poverty line.
The law provides for a standard workweek of 40 hours for adults
older than 18 years old. The law mandates overtime payment, with the
first two hours paid at one-and-one-half times the normal rate and the
remainder at double the rate. The regulation was not enforced, and
government employees were not paid for overtime work. Overtime payment
was inconsistent in all sectors of the labor force. The Ministry of
Finance enforces financial aspects of the labor law, and the Agency of
Financial Control of the presidential administration oversees other
aspects of the law. There is no legal prohibition on excessive
compulsory overtime.
There are laws that establish relatively strict occupational health
and safety standards. In practice the government did not fully comply
with these standards, partly because of the degree of corruption and
the low salaries paid to inspectors. The State Technical Supervision
Committee under the Council of Ministers is responsible for enforcing
health and safety standards. The law permits workers to remove
themselves from hazardous conditions without risking loss of
employment. This law was not enforced effectively, and in practice few
workers removed themselves.
Farmers and agricultural workers, accounting for approximately 50
percent of the workforce, continued to work under difficult
circumstances. There was no system to monitor or regulate working
conditions in the agricultural sector. Wages were low, and many workers
were paid in kind. Despite some changes, the government's failure to
introduce and implement comprehensive property and land usage reforms
continued to limit its ability to protect agricultural workers' rights.
__________
TURKMENISTAN
executive summary
Although the constitution declares Turkmenistan to be a secular
democracy and a presidential republic, the country has an authoritarian
government controlled by the president, Gurbanguly Berdimuhamedov, and
his Democratic Party, the country's only political party. Immediately
after the death of President Saparmurat Niyazov in 2006, Berdimuhamedov
was inaugurated president following presidential elections in February
2007, which did not meet international standards. December 2008
parliamentary elections also fell short of international standards.
Security forces reported to civilian authorities.
The three most important human rights problems were arbitrary
arrest, torture, and disregard for civil liberties including
restrictions on freedoms of speech, press, assembly, religion, and
movement.
Other continuing human rights problems included citizens' inability
to change their government; denial of due process and fair trial;
arbitrary interference with privacy, home, and correspondence;
discrimination and violence against women; and restrictions on the free
association of workers.
Officials in the security services and elsewhere in the government
acted with impunity. There were no prosecutions of government officials
for human rights abuses.
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.--According to Human Rights Watch (HRW),
approximately 10 men, allegedly members of the Ministry of National
Security (MNB), forcibly entered the home of Bazargeldy and Aydjemal
Berdyev and detained the couple on April 19. The couple had been
seeking recompense for torture and confiscation of property since the
late 1990s. No information was available about their whereabouts since
their arrest.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the constitution and law prohibit such practices,
security officials trying to extract confessions from detainees
tortured and beat criminal suspects, prisoners, and individuals
critical of the government. According to findings in an April report
submitted to the U.N. Committee Against Torture (UNCAT) by
Turkmenistan's Independent Lawyers Association (TILA) and the Turkmen
Initiative for Human Rights, `` . . . among suspects placed in the
temporary holding facility, every second person was exposed to varying
types of abusive treatment and torture.'' The report also stated that
the `` . . . beating and rape of inmates by the (penal) colony staff
[and] the use of torture and psychological pressure are rampant. Such
treatment of inmates results in frequent suicide attempts among the
prison population.''
Article 16 of the 2009 Law on the Status and Social Protection of a
Military Serviceman states that the government provides for the health
and lives of servicemen. Members of the military reported, however,
that hazing of conscripts occurred and involved violations of human
dignity and morale including brutality and verbal abuse. In contrast
with previous years, however, the prevalence of hazing reportedly was
much lower. Members of the military reported that officers responded to
cases of abuse, inspected conscripts for signs of abuse, and punished
abusers in some, but not all, cases. Hazing of conscripts reportedly
was more prevalent outside of Ashgabat.
Prison and Detention Center Conditions.--Prison conditions were
unsanitary, overcrowded, harsh, and life threatening. Some facilities,
such as the minimum security camp LBK-12, are located in areas that
result in inmates experiencing extremely harsh climate conditions, with
excessive heat in the summers and frigid temperatures in the winter.
There were unconfirmed reports of physical abuse of prisoners by
prison officials and other prisoners. According to the TILA report, the
total imprisonment capacity in the colonies and prisons (excluding the
military penal battalion) was 8,100 inmates. According to this report,
however, prior to the amnesty act announced in 2009, the inmate
population totaled 26,720 persons. This figure did not include
detainees kept in pretrial detention facilities, police-run temporary
holding facilities, occupational therapy rehabilitation centers, and
the penal battalion. The detainees in pretrial detention facilities
were predominantly individuals who had been sentenced but had not been
transferred to colonies. The six pretrial detention facilities are
designed for 1,120 persons, but it is estimated that they house three
to four times that number.
The TILA report also noted that guards and other prisoners engaged
in widespread violence against inmates. According to the February TILA
report, in the LBK-12 facility, ``physical abuse is used against
inmates by the colony personnel and other individuals with the consent
and often following the instructions of the colony's administration.''
The report also noted that there were several inmate groups organized
on a ``tribal principle'' and that ``real fights with knives and
knuckles occur between the groups, which result in a high death toll
among the prison population.'' Diseases, particularly tuberculosis
(TB), were widespread. Due to overcrowding, officials reportedly held
inmates diagnosed with TB and skin diseases with healthy detainees,
contributing to the spread of disease. There continued to be concerns
that the government did not adequately test and treat prisoners with TB
before they were released into the general population, although the
government claimed that it did so. The government reported that it
transferred prisoners diagnosed with TB to a special Ministry of
Interior hospital in Mary Province for treatment and arranged for
continuing treatment for released prisoners at their residences.
The nutritional value of prison food was poor, and the majority of
prisoners suffered from malnutrition. Prisoners depended on relatives
to supplement inadequate prison food supplies. Some family members and
inmates stated that prison officials sometimes confiscated these food
parcels. The availability of potable water could not be confirmed.
Authorities typically incarcerated men and women in separate
facilities. The number of facilities for female prisoners and detainees
was not available, but according to the TILA report there were 2,010
female prisoners held at the DZK/8 facility in Dashoguz.
Complete data on the average sentence or numbers of incarcerated
juveniles were not available. A pretrial detention facility under the
jurisdiction of the Interior Ministry housed adults and juveniles and
accommodated approximately 800 persons. This number included
individuals in pretrial detention, on remand, and those already
convicted but not yet transferred to penal colonies.
In March the government revised Article 88 of the criminal code,
which pertains to the punishment of juveniles. Under the revised code,
first-time juvenile offenders convicted of minor offenses are subject
to compulsory reform schooling rather than harsher forms of punishment.
The government previously placed convicted juveniles in medical-
educational facilities.
According to relatives, some prisoners were unable to receive
supplies, and family members often were denied access to the prisoners.
The government did allow diplomats to access prisoners held on criminal
charges who were nationals of their countries. The government did not
report whether prisoners were permitted religious observance and
reported no systematic monitoring of prison and detention center
conditions. There were no reports of a prison ombudsman.
Government officials generally disregarded inquiries from family
members and diplomats about political prisoners' locations or
condition. On March 28, however, the government released information
about the number of family visits, food package, and medical services
received since 2007 by imprisoned journalists Annagurban Amanklychev
and Sapardurdy Hajiev. Government officials continued to refuse to
permit family members and international observers, including the
International Committee of the Red Cross (ICRC), access to detainees or
prisoners. The government and the ICRC have been unable to agree on
acceptable conditions for regular prison visits. As a result, the ICRC
did not conduct regular prison visits during the year. In July,
however, the government allowed ICRC officials to visit an unspecified
Ministry of Interior facility.
On May 17 and 18, the UNCAT considered the initial report of the
government on the fulfillment of its obligations as a signatory of the
Convention against Torture. In its concluding observations, the UNCAT
report expressed regret ``that the [government's] report lacks
statistical and practical information on the implementation of the
provisions of the convention and that it was submitted 10 years late,
which prevented the committee from conducting an analysis of the
implementation of the convention by the state party following its
ratification in 1999.''
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but both remained serious problems.
Role of the Police and Security Apparatus.--The Ministry of
Interior directs the criminal police, who work closely with the
Ministry of National Security (MNB) on matters of national security.
The MNB plays a role in personnel changes in other ministries and
enforces presidential decrees. Both the MNB and criminal police
operated with impunity. The presidential commission created in 2007 to
review citizens' complaints of abuse by law enforcement agencies did
not conduct any known inquiries that resulted in members of the
security forces being held accountable for abuses.
Arrest Procedures and Treatment While in Detention.--A warrant is
not required for arrest when officials catch a suspect in the act of
committing an offense. The prosecutor general issues an authorization
for arrest within 72 hours of detention. If, within 10 days of
detention, investigating authorities do not find proof of guilt, they
must release the detainee. If officials identify evidence of guilt, the
investigation can last as long as two months. A provincial or national-
level prosecutor may extend the investigation period to six months. The
national prosecutor general or deputy prosecutor general may extend the
investigation period to a maximum of one year. Following the
investigation, the prosecutor prepares a bill of indictment and the
case is transferred to the court. These procedures generally were
respected in practice, and the prosecutor promptly informed detainees
of the charges against them.
The criminal procedure code provides for a bail system and surety;
however, these provisions were not implemented. The law provides that
detainees are entitled to immediate access to an attorney of their
choice after a formal accusation, but in practice detainees did not
have prompt or regular access to legal counsel. Authorities denied some
detainees visits by family members during the year. Families sometimes
did not know the whereabouts of detained relatives. Incommunicado
detention was a problem. The scope of these problems in the criminal
justice system was unclear. Authorities legally had to issue a formal
indictment within 10 days of arrest to hold detainees longer.
Authorities, however, did not adhere to these provisions in practice.
Arbitrary Arrest.--The law characterizes any opposition to the
government as treason. Those convicted of treason face life
imprisonment and are ineligible for amnesty or reduction of sentence.
There were no known treason convictions during the year. In the past
the government arrested and filed charges against those expressing
critical or differing views on economic or criminal charges instead of
charging its critics with treason.
Pretrial Detention.--Generally the law permits detention to last no
longer than two months, but in exceptional cases it can be extended to
one year if an investigator makes a request to the prosecutor general.
For minor crimes a much shorter investigation period applies. In
contrast with previous years, authorities rarely exceeded legal limits
for pretrial detention. In the past chronic corruption and cumbersome
bureaucratic processes contributed to lengthy trial delays; however,
the government's anticorruption efforts and the establishment of the
Academy of State Service to improve state employees' qualifications
generally eliminated such delays.
Although in past years the government detained regime opponents
under house arrest without due process, no provision in the criminal
procedure code authorizes such punishment.
On April 11, officials from the MNB detained Bisengul Begdesenov, a
leader of the Kazakh community, in his home. According to HRW, MNB
officials searched his home without a warrant and confiscated
computers, USB memory cards, and documents. He was tried, found guilty
of fraud, given a suspended sentence, and released in May.
According to Radio Free Europe/Radio Liberty (RFE/RL), in February
Amangelen Shapudakov, an 80-year-old pensioner and civic activist,
traveled to Ashgabat to complain to the Interior Ministry about local
corruption. In an interview with RFE/RL, he stated that police officers
in the Kopetdag district of Ashgabat beat him, drove him back to his
home village of Garrygala, and told him that if he returned to Ashgabat
again, worse would happen to him. According to the RFE/RL report,
Turkmen authorities detained Shapudakov on March 9 and confined him to
a psychiatric hospital in Balkanabat. He was released after 43 days in
confinement.
Amnesty.--The government pardoned an unannounced number of
prisoners in May in honor of Victory Day and International Children's
Protection Day. In August the government pardoned 3,700 prisoners in
advance of the Night of Omnipotence holiday. President Berdimuhamedov
granted amnesty to 1,700 prisoners in October in connection with the
Independence Day holiday. Another 754 prisoners received amnesty in
December on the occasion of Neutrality Day.
e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, in practice the judiciary was subordinate to the
president. There was no legislative review of the president's judicial
appointments and dismissals, except for the chairman (chief justice) of
the Supreme Court, whose nomination the parliament nominally reviewed.
The president had sole authority to dismiss any judge. The judiciary
was widely reputed to be both corrupt and inefficient.
Trial Procedures.--The law provides for due process for defendants,
including a public trial, access to accusatory material, the right to
call witnesses to testify on their behalf, a defense attorney or a
court-appointed lawyer if the defendant cannot afford one, and the
right to represent oneself in court. In practice authorities often
denied these rights. Defendants frequently did not enjoy a presumption
of innocence. There was no jury system. The government permitted the
public to attend most trials but closed some trials, especially those
it considered politically sensitive. There were few independent lawyers
available to represent defendants. The criminal procedure code provides
that defendants be present at their trials and consult with their
attorneys in a timely manner. The law sets no restrictions on a
defendant's access to an attorney. The court at times did not allow
defendants to confront or question a witness against them and denied
defendants and their attorneys access to government evidence. In some
cases courts refused to accept exculpatory evidence provided by defense
attorneys, even if that evidence might have changed the outcome of the
trial.
Even if the courts observed due process, the authority of the
government prosecutor far exceeded that of the defense attorney, making
it difficult for the defendant to receive a fair trial. Court
transcripts frequently were flawed or incomplete, especially when
defendants' testimony had to be translated from Russian to Turkmen.
Defendants could appeal a lower court's decision and petition the
president for clemency. There were credible reports that judges and
prosecutors often predetermined the outcome of the trial and sentence.
Political Prisoners and Detainees.--Opposition groups and some
international organizations stated the government held political
prisoners and detainees. The precise number of these individuals--which
included persons convicted of involvement in the 2002 attack on former
President Niyazov--remained unknown.
Civil Judicial Procedures and Remedies.--The civil judiciary system
was neither independent nor impartial, as the president appointed all
judges. According to the law, evidence gathered during a criminal
investigation can be used as the basis for a civil action in a process
called ``civil lawsuit in criminal justice.'' In the past there were
reports of bribes in the civil court system to ensure a particular
outcome. In cases in which the state had interests regarding an
individual citizen, it imposed court orders. The most commonly enforced
court orders were eviction notices.
Property Restitution.--The government failed to enforce the law
consistently with respect to restitution or compensation for
confiscation of private property. In 2007 President Berdimuhamedov
announced there would be no housing demolition unless replacement
housing was available. Nonetheless, during the year the government
continued to demolish some private homes in and around Ashgabat as part
of an urban renewal program without adequately compensating the owners.
In June the government announced the creation of a new interagency
commission, authorized by the president, to consider complaints from
residents whose homes were located at the construction sites of new
buildings in Ashgabat and the provinces. The number and manner of
resolution of complaints brought before this commission were unknown.
As in previous years, there were reports that the government gave
persons as few as 72 hours to vacate their homes and did not provide
homeowners with alternative accommodations or compensation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
authorities frequently did not respect these prohibitions in practice.
In some cases authorities forcibly searched the homes of some minority
religious group members without independent judicial authorization. The
law does not regulate surveillance by the state security apparatus,
which regularly monitored the activities of officials, citizens,
opponents and critics of the government, and foreigners. Security
officials used physical surveillance, telephone tapping, electronic
eavesdropping, and informers. The government reportedly intercepted
surface mail before delivery, and letters and parcels taken to the post
office had to remain unsealed for government inspection.
A regulation stating that a noncitizen may marry a citizen only
after residing in the country for one year restricts the right of
eligible men and women to marry. There were numerous reports that
government security officials harassed foreigners married to female
citizens. There were instances in which the government did not
recognize marriage licenses issued outside the country.
Individuals who were harassed, detained, or arrested by
authorities, as well as their family members, reported that the
government caused family members to be fired from their jobs or
expelled from school. Authorities sometimes also detained and
interrogated family members.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Freedom of Speech: The constitution and law provide for freedom
of speech and press, but the government did not respect these rights in
practice. The government warned critics against speaking with visiting
journalists or other foreigners about human rights problems.
Freedom of the Press.--The government financed and controlled
almost all print media. A new ``private'' weekly newspaper, Rysgal,
opened during the year. The newspaper's stories, however, were largely
reprints of state media outlets or reflected the views of the state
news agency. The government imposed significant restrictions on the
importation of foreign newspapers except for the private but
government-sanctioned Turkish newspaper Zaman, which reflected the
views of the state newspapers.
The government controlled radio and local television, but satellite
dishes providing access to foreign television programming were
widespread throughout the country. Citizens received international
radio programs through satellite access.
Violence and Harassment.--In 2010 government agents reportedly
detained, harassed, and intimidated journalists and their families.
There were reports that law enforcement officials harassed and detained
citizen journalists who worked for foreign media outlets. For example,
journalists working for RFE/RL reported frequent surveillance and
harassment by government authorities. In October authorities sentenced
RFE/RL reporter Dovletmurat Yazguliyev, who had reported on the details
of the explosion of ordnance at an arms depot in the village of Abadan,
to five years in prison for his alleged role in his sister-in-law's
suicide attempt. Members of Yazguliev's family reported that police
pressured them into filing charges against him. The government granted
amnesty to Yazguliev in late October.
During the year there were several reports that the government used
restrictions on travel abroad to punish independent journalists and
individuals who openly criticized the government. The government also
restricted the travel of journalists' family members. As in previous
years, the government required state journalists to obtain permission
to cover specific events as well as to publish or broadcast the subject
matter they had covered.
Censorship or Content Restrictions.--Domestic journalists and
foreign news correspondents engaged in self-censorship due to fear of
government reprisal. The government continued to censor newspapers and
prohibit reporting of opposition political views or of any criticism of
the president.
To regulate domestic printing and copying activities, the
government required all publishing houses and printing and photocopying
establishments to obtain registration licenses for their equipment. The
government did not allow the publication of works on topics that were
out of favor with the government, including some works of fiction.
The government continued its ban on subscriptions to foreign
periodicals by nongovernmental entities, although copies of the Russian
newspaper Argumenti I Fakti and other nonpolitical periodicals appeared
occasionally in the bazaars. During the year the government
reinstituted a subscription service to Russian-language outlets for
government workers, although these publications were not available for
public use.
Publishing Restrictions.--There was no independent oversight of
media accreditation, no defined criteria for allocating press cards, no
assured provision for receiving accreditation when space was available,
and no protection against the withdrawal of accreditation for political
reasons. The government required all foreign correspondents to apply
for accreditation. It granted visas to journalists from outside the
country only to cover specific events, such as international
conferences and summit meetings, where their activities could be
monitored. At least seven journalists representing foreign media
organizations were accredited. Turkish news services had eight
correspondents in the country, at least five of whom reportedly were
accredited. Despite submitting official applications repeatedly over
several years, RFE/RL has never received a response from the government
to accredit correspondents. As many as 11 correspondents representing
foreign media services operated without accreditation. Visiting foreign
journalists reported harassment and denial of their freedom of movement
when they attempted to report outside official channels.
Internet Freedom.--The government continued to monitor citizens' e-
mail and Internet activity, and reports indicated that the MNB
controlled the main access gateway, monitored users' browsing, blocked
access to certain sensitive Web sites, and cut service in certain
cases. The government detained and harassed several citizen journalists
who used the Internet to share photographs of the destruction caused by
the munitions explosions in Abadan in July.
Academic Freedom and Cultural Events.--In March the president
issued a decree to allow state agencies to recognize diplomas issued by
foreign universities. However, previous procedures such as mandatory
testing on the Ruhnama and The History of Turkmenistan, as well as
specialized exams in Turkmen, remained in place and complicated the
recognition of foreign diplomas. The government did not announce any
new procedures to formalize the recognition of foreign diplomas, and
many graduates of foreign universities reported that they were unable
to certify their diplomas with authorities at the Ministry of
Education, making them ineligible for employment at state agencies.
Some reported that ministry officials demanded bribes to allow for
certification of their diplomas.
The government did not tolerate criticism of government policy or
the president in academic circles and curtailed research into areas it
considered politically sensitive, such as comparative law, history,
ethnic relations, and theology.
Ministry of Education officials and provincial authorities sought
to prevent students who were not ethnic Turkmen from entering exchange
programs and Turkmen universities.
Most secondary school textbooks were revised to remove all text
devoted to former president Niyazov and his family, although a picture
of Niyazov continued to appear on the first page of each textbook. Text
devoted to President Berdimuhamedov's ``New Revival'' ideology replaced
the previous text on Niyazov and his family. Despite a 2008 Ministry of
Education report stating that all textbooks had been completely
revised, only approximately half of them had been revised at year's
end.
Although restrictions eased somewhat, the government refused to
permit the production of some foreign plays and performances in state
theaters. Only the Russian theater in Ashgabat continued to stage
foreign plays in Russian, and those plays were invariably apolitical.
The Ministry of Culture censored and monitored all public
exhibitions, including music, art, and cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
but the government restricted this right in practice. Authorities
neither granted the required permits for public meetings and
demonstrations during the year nor allowed unregistered organizations,
particularly those perceived to have political agendas, to hold
demonstrations. In May police arrested four women for organizing a
demonstration to protest the demolition of private homes to make way
for new government buildings, according to the independent Web site,
Chronicles of Turkmenistan.
Freedom of Association.--Although the constitution and law provide
for freedom of association, the government restricted this right in
practice. The law requires all nongovernmental organizations (NGOs) to
register with the Ministry of Justice (MOJ) and all foreign assistance
to be registered with the MOJ and the Ministry of Economics and
Development and coordinated through the Ministry of Foreign Affairs.
Unregistered NGO activity is punishable by a fine, short-term
detention, and confiscation of property. Of the 98 registered NGOs,
international organizations recognized only eight as being independent.
NGOs reported that the government presented a number of administrative
obstacles to NGOs that attempted to register. Some applications
repeatedly were returned on technical grounds. Some organizations
awaiting registration found alternate ways to carry out activities,
such as registering as businesses or subsidiaries of other registered
groups, but others temporarily suspended or limited their activities.
Sources noted a number of barriers to the formation and functioning
of civil society in the country. These included government requirements
that founders of associations be citizens and that associations
operating nationally have at least 500 members to be registered. Other
barriers included regulations that permitted the MOJ to send
representatives to association events and meetings and requirements
that associations notify the government about their planned activities.
There were no independent political groups. The only registered
political party was the ruling Democratic Party, the former Communist
Party of Turkmenistan. The government officially did not prohibit
membership in political organizations, but in practice there were no
reports of persons who claimed membership in political organizations
other than the Democratic Party.
c. Freedom of Religion.--See the Department of State's
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 do not
provide for full freedom of movement.
In-country Movement.--The law requires internal passports and
residency permits. A border permit requirement remained in effect for
all foreigners.
Citizens are not allowed to hold dual citizenship, and this
requirement was enforced periodically. Officials pressured dual
citizens departing the country to renounce one of their citizenships
before officials allowed them to leave. Individuals who indicated dual
citizenship when applying for new-style international passports were
denied the passports, whereas persons reporting only Turkmen
citizenship received them.
Foreign Travel.--While the government denied maintaining a list of
persons not permitted to depart the country, it continued to bar
certain citizens from departing. All citizens and visitors to the
country are required to undergo a check by the State Migration Service
prior to departing the country. On April 6, State Migration Service
airport authorities did not permit a group of doctors to board a plane
although the group members already had tickets and visas. In addition,
some university students reported that they were not allowed to leave
the country. No explanation was provided in these cases. A 2005
migration law forbids travel by any citizen who has access to state
secrets, has falsified personal information, has committed a serious
crime, is under surveillance, might become a trafficking victim, or
previously has violated the law of the destination country, or whose
travel contradicts the interests of national security. The education
law allows the government to impose limitations on obtaining education
in specific professions and specialties; this law has been applied to
prevent students from travelling abroad to study.
Exile.--The law provides for internal exile, requiring an
individual to reside in a certain area for a fixed term of two to five
years.
Protection of Refugees.--In 2009 the government assumed
responsibility from the U.N. High Commission for Refugees (UNHCR) for
making refugee status determinations. While formally there is a system
for granting refugee status, in practice it is inactive. The government
has not developed support services for individuals awaiting a refugee
status determination. The UNHCR issues refugee certificates to the
mandate refugees granted refugee status prior to 2009. Those
certificates are the only official evidence of a refugee's legal
status. The mandate refugees are required annually to renew the UNHCR
certificates with the government. There were 59 UNHCR-mandate refugees
in the country.
Access to Asylum.--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 country has not granted
asylum to refugees since 2005.
Nonrefoulement.--The government asserted that no UNHCR-mandate
refugees were expelled or forced to return 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, however, the government denied the
asylum requests of six university students from Afghanistan who claimed
that the Taliban would threaten their families' lives if they returned
to Afghanistan. The UNHCR intervened to advise the government against
returning the students to Afghanistan, all six of whom returned to
Afghanistan voluntarily. Two of the students then reentered
Turkmenistan on family reunification visas. The government forcibly
deported a third student to Afghanistan when he returned to
Turkmenistan and requested asylum a second time.
The UNHCR has observer status at government-run refugee status
determination hearings. Individuals determined not to be refugees by
the government have recourse to the UNHCR to obtain mandate refugee
status.
Access to Basic Services.--Refugees had access to basic services
such as health care and primary and secondary education, but they were
not eligible for government employment and did not have the right to
own property or a company.
Stateless Persons.--Citizenship is derived from one's parents. The
UNHCR estimated there were as many as 15,000 undocumented individuals
who may be at risk of statelessness. The number of stateless persons
who are also refugees was not available. The government's requirement
that applicants for citizenship prove they are not citizens of another
country impeded efforts to establish the nationality of undocumented
persons.
During the year the State Migration Service, jointly with the
UNHCR, registered approximately 8,000 persons age 18 and above and
considered at risk of statelessness, thereby bringing the total number
of individuals registered since 2007 to 20,000. These individuals
largely were undocumented residents who held Soviet passports when the
Soviet Union dissolved and who did not have a state affiliation when
those passports expired in 1999. The government administratively
processed many of these residents and issued them residency permits.
Under two presidential decrees, the government granted citizenship to
1,590 formerly stateless persons in July and another 1,728 in October.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens could not freely choose and change the laws and officials
that governed them. The constitution declares the country to be a
secular democracy in the form of a presidential republic. It calls for
separation of powers among the branches of government but vests a
disproportionate share of power in the presidency. In practice the
president's power over the state continued to be absolute.
According to the Organization for Security and Co-operation in
Europe (OSCE), the election law does not meet OSCE standards.
Elections and Political Participation.--Recent Elections.--District
people's council elections took place in December 2010. Local council
(gengesh) elections were held in 2009 under a law that had been revised
in April to bring electoral procedures into line with the 2008
constitution and electoral law. The 2008 constitution gave broader
powers to the Mejlis (parliament), increased the president's powers,
and abolished the Halk Maslahaty (People's Council) as a political
body. In May the Mejlis revised the Law on Presidential Elections,
which reduced the number of requirements for the registration of
candidates.
Political Parties.--The Democratic Party is the country's only
political party. Article 30 of the constitution guarantees the right of
citizens to set up political parties within the framework of the
constitution and other laws. In addition, Article 93 guarantees the
right of political parties to nominate candidates in conformance with
electoral law. No such electoral law exists, however, which deterred
the participation of opposition candidates. According to the
nongovernmental Jamestown Foundation, the government did not permit
opposition movements outside the country, including the National
Democratic Movement of Turkmenistan, the Republican Party of
Turkmenistan, and the Fatherland (Watan) Party, to operate within the
country.
Participation of Women and Minorities.--There were 21 women in the
125-member parliament or Mejlis, including the Mejlis speaker. Women
served in a few prominent government positions, including deputy
chairman of the Cabinet of Ministers for Culture, Television
Broadcasting, and the Press (a vice premier position), minister of
education, minister of textile industry, director of the State
Archives, director of the Institute for Democracy and Human Rights, the
chairpersons of two of five parliamentary committees, and the
chairperson of the state publishing service.
The government gave preference for appointed government positions
to ethnic Turkmen, but ethnic minorities occupied several senior
government positions. Members of the country's largest tribe, the
president's Teke tribe, held the most prominent roles in cultural and
political life.
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
reportedly often engaged in corrupt practices with impunity. Corruption
existed in the security forces and in all social and economic sectors.
Factors encouraging corruption included the existence of patronage
networks, a lack of transparency and accountability, and the fear that
the government would retaliate against a citizen who chose to highlight
a corrupt act. According to the World Bank's Worldwide Governance
Indicators, the country had a severe corruption problem.
As in the previous year, the president reprimanded a number of
ministers and government officials, dismissing some from their
positions. Others were investigated and arrested for alleged
malfeasance, although a lack of information about their cases made it
difficult to determine whether their arrests were politically
motivated.
In July the courts sentenced four officials from the Central Bank
to prison for extorting bribes from Turkish businessmen involved in
construction project. The prison sentences ranged from five to 17
years. The trial was not open to the public.
Financial disclosure requirements are neither transparent nor
consistent with international norms. Government enterprises are not
required to publicize financial statements, even to foreign partners.
Financial audits are often conducted by local auditors, not
internationally recognized firms.
There is no law that allows for public access to government
information, and in practice the government did not provide access.
Authorities denied requests for specific information on the grounds
that the information was a state secret. Some statistical data were
considered state secrets. There was no public disclosure of demographic
data, and officials published manipulated economic and financial data
to justify state policies and expenditures.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights NGOs due to the government's
refusal to register such organizations and restrictions that made
activity by unregistered organizations illegal. During the year the
government continued to monitor the activities of nonpolitical social
and cultural organizations.
U.N. and Other International Bodies.--There were no international
human rights NGOs with a permanent presence in the country, although
the government permitted international organizations, including the
OSCE and UNHCR, to have resident missions. Government restrictions on
freedoms of speech, press, and association severely restricted
international organizations' ability to investigate, understand, and
fully evaluate the government's human rights policies and practices.
Continuing a trend from the previous year, the government appeared
to have relaxed somewhat its past efforts to control citizens' access
to international organizations and missions and to discourage citizens
from cooperating with foreigners. The government allowed unfettered
access to the OSCE Center. There were no reports that the government
discouraged citizens from contacting other international organizations.
During the year the government did not implement any of the
recommendations made in 2009 by the U.N. special rapporteur on freedom
of religion or belief.
Government Human Rights Bodies.--The government-run Institute for
Democracy and Human Rights, established in 1996 with a mandate to
support democratization and monitor the protection of human rights, was
not an independent body. Its ability to obtain redress for citizens was
limited. Nonetheless, it played an unofficial ombudsman's role to
resolve some citizen human rights-related petitions during the year. In
August the president signed a decree establishing the Interagency
Commission on Enforcing Turkmenistan's International Obligations on
Human Rights and International Humanitarian Law. Specific information
about this commission's plans was not available. In 2005 the president
established the parliamentary Committee on the Protection of Human
Rights and Liberties to oversee human rights-related legislation. No
public information about its human rights activities existed.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the law prohibits discrimination based on race, gender,
disability, language, ethnic minority status, or social status,
discrimination continued to be a problem, as did violence against
women.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal, with penalties of three to 25 years' imprisonment based on
the level of violence of the incident and whether the attacker was a
repeat offender. A cultural bias against reporting or acknowledging
rape made it difficult to determine the extent of the problem, but some
sources indicated rape was not uncommon.
The law prohibits domestic violence, including spousal abuse, but
the government did not enforce the law effectively. Penalties, for
example, are based on the extent of the injury, but are not specified
in the criminal code. According to indicators published by the U.N.
Development Program in 2009, the country is included in the category of
countries in which ``there are no or weak laws against domestic
violence, rape, and marital rape, and these laws are not generally
enforced.''
Anecdotal reports indicated domestic violence against women was
common; most victims of domestic violence kept silent because they were
unaware of their rights or afraid of increased violence from husbands
and relatives. There were a few court cases and occasional references
to domestic violence in the media. One official women's group in
Ashgabat and several informal groups in other regions assisted victims
of domestic violence. A local organization continued to operate a
domestic violence hotline with support from the OSCE Center in
Ashgabat. The same NGO also provided free legal consultations and
psychological assistance to victims of domestic violence and organized
awareness-raising seminars on domestic violence for the general public.
Harmful Traditional Practices.--There were no reports of ``honor''
killings. Authorities did not undertake specific efforts to prevent
harmful practices such as ``honor'' killings or ``dowry deaths,'' but
they effectively prosecuted homicides under the criminal code.
Sexual Harassment.--No law specifically prohibits sexual
harassment, and reports suggested sexual harassment existed at the
workplace.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children and have the means to do so free from discrimination,
coercion, and violence.
According to the Population Reference Bureau, approximately 70
percent of women received prenatal care, skilled personnel attended 99
percent of births, and 99 percent of women received at least one
postnatal care visit. Modern contraceptive methods were available to 99
percent of the public. Statistics on contraceptive use by single women
were unavailable, but 53 percent of married women used some form of
modern contraceptives. Due to cultural attitudes, almost one-third of
married women opposed the use of family-planning methods. A local
source who worked for an HIV/AIDS project confirmed that women and men
are diagnosed and treated equally for sexually transmitted infections.
Discrimination.--Women had equal rights under family law and
property law and in the judicial system. The Mejlis Committee on Human
Rights and Liberties was responsible for drafting human rights and
gender legislation, integrating a new gender program into the education
curriculum, and publishing regular bulletins on national and
international gender laws. By law women are equal to men in all
spheres, including wages, loans, starting businesses, and working in
government. Nevertheless, in practice, women continued to experience
discrimination due to cultural biases. Employers allegedly gave
preference to men to avoid productivity losses due to pregnancy or
child-care responsibilities. Women were underrepresented in the upper
levels of government-owned economic enterprises and were concentrated
in health care, education, and service professions. The government
restricted women from working in some dangerous and environmentally
unsafe jobs.
The government did not acknowledge, address, or report on
discrimination against women. There is no special government office
that promotes the legal rights of women, but the Women's Union (a
government-affiliated ``NGO'') and the National Institute of Democracy
and Human Rights worked on women's legal rights.
Children.--Birth Registration.--According to the law, a child's
citizenship is derived from one's parents. In the event a child is born
to stateless persons possessing permanent resident status in the
country, the child is considered a citizen. The government took modest
steps to address the welfare of children, including increased
cooperation with UNICEF and other international organizations on
programs designed to improve children's health.
UNICEF reported that 96 percent of urban children and 95 percent of
rural children had their births registered.
Child Abuse.--There were isolated reports of child abuse. In 2006
the U.N. Committee on the Rights of the Child issued recommendations
that called on the government to focus efforts on issues of family and
alternative care, juvenile justice, child abuse prevention, health and
welfare, education, children with disabilities, and special protection
measures.
Child Marriage.--According to the most recent data available
(provided in a 2006 UNICEF report), 9 percent of marriages involved
minors.
Sexual Exploitation of Children.--The legal age of consent is 16.
Production of pornographic materials or objects for the purpose of
distribution or advertisement and trade in printings, movies or videos,
depictions, or other objects of a pornographic nature, including those
of children, is punishable in accordance with Article 164 of the
criminal code. An Interpol report noted that the criminal code
``.enacts criminal liability for involvement of minors into
prostitution.''
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were an estimated 300 Jews, predominantly in
Ashgabat, but no organized Jewish community. There were no reports of
anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services or other areas. However, in practice
persons with disabilities encountered discrimination and regularly were
denied work, education, and access to health care and other state
services because of strong cultural biases.
The government provided subsidies and pensions for persons with
disabilities, although the assistance was inadequate to meet basic
needs. The government considered persons with disabilities who received
subsidies as being employed and therefore ineligible to compete for
jobs in the government, the country's largest employer.
Some students with disabilities were unable to obtain education
because there were no qualified teachers, and facilities were not
accessible for persons with disabilities. Students with disabilities
did not fit the unofficial university student profile and were not
admitted to universities. The government placed children with
disabilities, including those with mental disabilities, in boarding
schools where they were to be provided with education and employment
opportunities, if their condition allowed them to work; in practice
neither was provided. Special schools for those with sensory
disabilities existed in the larger cities. The government began
construction of boarding schools with rehabilitation centers for
persons with disabilities in each province and in Ashgabat.
Although the law requires new construction projects to include
facilities that allow access by those with disabilities, compliance was
inconsistent and older buildings remained inaccessible. A lack of
consistent accessibility standards resulted in some new buildings with
inappropriately designed access ramps. The Ministry of Social Welfare
was responsible for protecting the rights of persons with disabilities.
This ministry provided venues and organizational support for activities
conducted by NGOs that assist persons with disabilities.
National/Racial/Ethnic Minorities.The law provides for equal rights
and freedoms for all citizens. Minority groups, including the Kazakh
cultural center Elimay Turkmenistan, tried to register as NGOs to have
legal status to conduct cultural events, but no minority groups
succeeded in registering during the year.
The law designates Turkmen as the official language, although it
also provides for the rights of speakers of minority languages. Russian
remained prevalent in commerce and everyday life in the capital, even
as the government continued its campaign to conduct official business
solely in Turkmen. The government required ministry employees to pass
tests demonstrating knowledge of professional subjects in Turkmen;
employees who failed the exam were dismissed. The government dedicated
resources to provide Turkmen language instruction for non-Turkmen
speakers only in primary and secondary schools.
Non-Turkmen speakers noted that some avenues for promotion and job
advancement were closed to them, and only a handful of non-Turkmen
occupied high-level jobs in government ministries. In some cases
applicants for government jobs had to provide information about
ethnicity going back three generations. The government often targeted
non-Turkmen first for dismissal when government layoffs occurred.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
conduct between men is illegal and punishable by up to two years in
prison; the law does not mention women. According to one human rights
NGO, homosexuality was considered a mental disorder by authorities, and
gay men were sometimes sent to psychiatric institutions for treatment.
There were no recorded cases of violence or other human rights
abuses based on sexual orientation and gender identity, and no
information was available regarding discrimination against lesbian,
gay, bisexual, and transgender individuals in employment, housing,
statelessness, access to education, or health care.
Other Societal Violence or Discrimination.--There was no reported
societal violence or discrimination against persons with HIV/AIDS. The
government did not officially recognize any cases of HIV/AIDS in the
country.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows citizens to join independent unions and provides for
collective agreements and negotiations between workers and their
employers that enumerate rights and responsibilities. The law does not
allow workers to strike or to bargain collectively. The law does not
prohibit antiunion discrimination by employers against union members
and organizers. There are no mechanisms for resolving complaints of
discrimination, nor does the law provide for reinstatement.
Freedom of association was not respected in practice. All existing
trade and professional unions were government-controlled and had no
independent voice in their own activities. The government did not
permit private citizens to form independent unions. There were no
reports of labor strikes or attempts to organize union activity.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. There were no reports of such practices.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment of children is 16 and in a few heavy
industries, 18. The law prohibits children between the ages of 16 and
18 from working more than six hours per day. A 15-year-old may work
four to six hours per day with parental and trade union permission,
although such permission rarely was granted. The law prohibits children
from working overtime or between the hours of 10 p.m. and 6 a.m. A
presidential decree bans child labor in all sectors and also specifies
that children are not permitted to participate in the cotton harvest.
There are laws and policies to protect children from exploitation in
the workplace. The MOJ and the Prosecutor General's Office were
responsible for enforcing child labor laws. The government effectively
enforced the section of the labor code prohibiting child labor.
d. Acceptable Conditions of Work.--The minimum monthly wage for all
sectors is 400 manat ($140). An official estimate of the poverty-level
income was not available. The standard legal workweek is 40 hours with
weekends off. The law states that overtime or holiday pay should be
double the regular payment. Maximum overtime in a year is 120 hours and
cannot exceed four hours in two consecutive days. The law prohibits
pregnant women, women that have children up to three years of age,
women with disabled children under age 16, and single parents with two
or more children from working overtime.
The law provides state employees with a minimum 30 days of paid
annual leave, 45 calendar days for teachers at all types of educational
institutions, and 55 days for professors. The law permits newlyweds and
their parents 10 days of paid leave for the preparation of weddings.
Workers also receive 10 days of paid leave to carry out funeral rites
and commemoration ceremonies in the event of a death of a close
relative. Upon reaching age 62, citizens are entitled to an additional
three days of paid leave.
The government did not set comprehensive standards for occupational
health and safety. There is no state labor inspectorate. There are,
however, 14 labor inspectors employed by state trade unions who have
the right to provide improvement notices to government industries.
According to the law, trade union inspectors cannot levy fines.
In practice the government required its workers and many private
sector employees to work 10 hours a day or a sixth day without
compensation. Reports indicated that many public sector employees
worked at least a half day on Saturdays. Laws governing overtime and
holiday pay were not effectively enforced.
Construction workers and industrial workers in older factories
often labored in unsafe environments and were not provided proper
protective equipment. Some agricultural workers were subjected to
environmental health hazards related to the application of defoliants
in preparing cotton fields for mechanical harvesting. Workers did not
have the right to remove themselves from work situations that
endangered their health or safety without jeopardy to their continued
employment. Work-related injury statistics were not available.
__________
UZBEKISTAN
executive summary
Uzbekistan is an authoritarian state with a constitution that
provides for a presidential system with separation of powers among the
executive, legislative, and judicial branches. In practice President
Islam Karimov and the centralized executive branch dominated political
life and exercised nearly complete control over the other branches of
government. In 2007 the country elected President Karimov to a third
term in office in polling that, according to the limited observer
mission from the Organization for Security and Cooperation in Europe
(OSCE), deprived voters of a genuine choice. Parliamentary elections
took place in December 2009. While OSCE observers reported noticeable
procedural improvements in comparison to the 2004 parliamentary
elections, the 2009 elections were not considered free and fair due to
government restrictions on eligible candidates and government control
of media and campaign financing. There are four progovernment political
parties represented in the bicameral parliament. Security forces
reported to civilian authorities.
The most significant human rights problems included: instances of
torture and abuse of detainees by security forces; denial of due
process and fair trial; and restrictions on religious freedom,
including harassment and imprisonment of religious minority group
members.
Other continuing human rights problems included: incommunicado and
prolonged detention; harsh and sometimes life-threatening prison
conditions; arbitrary arrest and detention (although officials released
four high-profile prisoners detained for apparently political reasons);
restrictions on freedom of speech, press, assembly, and association;
governmental restrictions on civil society activity; restrictions on
freedom of movement; violence against women; and government-organized
forced labor in cotton harvesting. Authorities subjected human rights
activists, journalists, and others who criticized the government to
harassment, arbitrary arrest, and politically motivated prosecution and
detention.
Government officials frequently engaged in corrupt practices with
impunity.
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 arbitrary
or unlawful killings.
During the year the government did not authorize an independent
international investigation of the alleged killing of numerous unarmed
civilians during the violent disturbances in Andijon in 2005. The
government stated after its 2005 investigation that armed individuals
initiated violence by firing on government forces. The death toll
varied between the government's report of 187 and eyewitnesses' reports
of several hundred individuals. The government has not held anyone
publicly accountable for the civilian casualties.
b. Disappearance.--There were no reports of politically motivated
disappearances. Unconfirmed reports persisted regarding disappearances
of persons who were present at the 2005 violent disturbances in
Andijon.
In its 2010 annual report, the U.N. Working Group on Enforced or
Involuntary Disappearances noted that there were no new cases
transmitted to the government, but that there were seven outstanding
cases from previous years.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
law enforcement and security officers routinely beat and otherwise
mistreated detainees to obtain confessions or incriminating
information. Sources reported that torture and abuse were common in
prisons, pretrial facilities, and local police and security service
precincts. Reported methods of torture included severe beatings, denial
of food, sexual abuse, simulated asphyxiation, tying and hanging by the
hands, and electric shock.
The government reported that during the first nine months of the
year prosecutors opened nine criminal cases, which resulted in the
conviction of 12 law enforcement personnel on charges of torture or
other cruel, inhuman, or degrading treatment. There was no information
available about the sanctions or sentences handed down.
The U.N. Human Rights Committee expressed concerns in a March 2010
publication that the country's definition of torture in the criminal
code is not in conformity with the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, to which the
country is a party.
In late October, the parents of Dilshod Shohidov released an open
letter to government officials alleging that prison authorities at high
security prison 64/46 in Navoi regularly subjected their son to acts of
torture and abuse. The letter also alleged that the prison
administration employed other inmates to beat Shohidov with truncheons
and that during winter months he was handcuffed and forced to stay in
his cell naked for several days.
In August and December, relatives of Azam Farmonov, a member of the
Human Rights Society of Uzbekistan sentenced to nine years in prison
for ``swindling'' in 2006, reported that he had been subjected to
torture and mistreatment during the year. On or about August 15,
Captain Shavkat Vaisniyozov and guard Habib Abdullaev of 64/71 in
Jaslik allegedly beat and threatened to suffocate Farmonov after he
refused to write a statement that he was being treated well. In April
prison officials reportedly transferred Farmonov and eight other
prisoners from Jaslik to a pretrial detention facility (UYa 64/9) in
Nukus for two weeks due to the arrival of a ``commission'' in Jaslik.
Farmonov allegedly was tortured in Nukus as well. Upon return to
Jaslik, prison authorities reportedly forced Farmonov to shave with the
same razor that five inmates with HIV/AIDS had used.
There was no further information available concerning the 2010
abuse cases of Sanjar Narmuradov, Kurban Kadyrov, Dilshodbek
Amanturdiev, or Rustam Usmanov.
Authorities reportedly meted out harsher than typical treatment to
individuals suspected of Islamist extremism throughout the year,
especially to pretrial detainees who were allegedly members of banned
religious extremist political organizations or to the Nur group, which
is not officially banned. Local human rights workers reported that
authorities often offered payment or other inducements to inmates to
beat other inmates suspected of religious extremism.
In contrast to past years, there were no reports of politically
motivated medical abuse. Family members of several inmates whom the
international community considered political prisoners asserted that
officials did not grant prisoners' requests for medical evaluation and
treatment. Among these prisoners were Alisher Karamatov, Norboy
Holjigitov, Agzam Turgunov, Habibulla Okpulatov, and Dilmurod Sayid.
Prison and Detention Center Conditions.--Prison conditions were in
some circumstances life-threatening. Reports of overcrowding were
common, as were reports of severe abuse and shortages of medicine.
Inmates and their families reported that food and water were of poor
quality but generally available. There were reports of political
prisoners being held in cells without proper ventilation, and prisoners
occasionally were subjected to extreme temperatures. Family members of
inmates reported incidents of sexual abuse. Family members also
reported that officials frequently withheld or delayed delivery of food
and medicine intended for prisoners.
In August a group of domestic human rights organizations met with
representatives of the Polish Embassy in their capacity as EU president
to express concern about the continued use of torture and a rise in
sexual abuse against female prisoners. Representatives of the Tashkent-
based human rights organization ``Ezgulik'' presented the results of
eight months of monitoring of the penitentiary system, highlighting
women's prison 64/7 in the Zangiota district of Tashkent region for
widespread accounts of sexual abuse.
Relatives reported the deaths of several prisoners serving
sentences, most of which were related to religious extremism. In some
cases, family members reported that the body of the prisoner showed
signs of beating or other abuse, but authorities pressured the family
to bury the body before examination by a medical professional. Reported
cases that fit this pattern included the deaths of Ulugbek Gaforov and
Abdulfattoh Raimokhunov in January, and Abdumannon Ortiqov in June.
On September 28, the Initiative Group of Independent Human Rights
Defenders of Uzbekistan (IGIHRDU) reported information received from
family members that 51-year-old Ravshan Atabaev died in Navoi prison
64/36 as a result of tuberculosis and torture. Atabaev was sentenced in
2005 to14 years in prison on a number of charges stemming from
participation in the May 2005 events in Andijon. The IGIHRDU also
reported that a law enforcement source indicated that between 20 to 30
prisoners sentenced in connection with Andijon die yearly in prison.
This information could not be confirmed independently.
There was no further information available concerning the 2010
deaths of Farmon Yiginov and Sunnatillo Zaripov.
According to family members and some nongovernmental organizations
(NGOs), authorities failed to release prisoners, especially those
convicted of religious extremism, at the end of their terms. Prison
authorities often extended inmates' terms by accusing them of
additional crimes or claiming that the prisoners represented a
continuing danger to society. Trials for such offenses took place
within the prisons, and defendants often were not given access to
lawyers or relatives. Although it is technically possible for inmates
to appeal such decisions, many inmates did not have the expertise to
initiate an appeal.
According to 2009 statistics, the government held approximately
42,000 inmates at 58 detention facilities. Men, women, and juvenile
offenders were held in separate facilities. There were reports that in
some facilities inmates convicted of attempting to overturn the
constitutional order were held separately, and prison officials did not
allow inmates convicted under religious extremism charges to interact
with other inmates. Officials also held former law enforcement officers
in a separate facility.
Prison officials generally allowed family members to visit
prisoners for up to four hours two to four times per month. There were,
however, reports that relatives of prisoners charged with religious or
extremism charges were denied visitation rights. Officials also
permitted visits of one- to three-days duration, two to four times per
year, depending on the type of prison facility. Family members of
political prisoners reported that officials frequently delayed or
severely shortened visits arbitrarily. The government stated that
prisoners have the right to practice any religion or no religion, but
prisoners frequently complained to family members that they were not
able to observe religious rituals that conflicted with prison
scheduling. Such rituals included engaging in traditional Islamic
morning prayers. Prisoners also were not allowed access to religious
materials.
According to the law, authorities at pretrial detention facilities
are required to arrange a meeting between a detainee and a
representative from the Human Rights Ombudsman's Office upon a
detainee's request. Officials allowed detainees in prison facilities to
submit confidential complaints to the Ombudsman's Office and to the
Prosecutor General's Office, and both offices were authorized to
initiate investigations into complaints. In its 2010 report, the
Ombudsman's Office reported it received 16 complaints during the year
from prisoners about illegal actions by penitentiary officials. The
Ombudsman's Office considered 15 of the complaints and was able to
intervene successfully in two cases. The Ombudsman's Office is
empowered to make recommendations on behalf of prisoners, including
requesting changes to sentences to make them more appropriate to
nonviolent offenders.
The Ministry of Interior (MOI) performs regular inspections of all
prison facilities, and representatives of other state bodies, including
the parliament, the National Human Rights Center, and the Cabinet of
Ministers also are allowed to access the prison system upon request.
The International Committee of the Red Cross (ICRC) monitors
facilities under the responsibility of the prison administration,
assessing the conditions of detention and the treatment of detainees,
although financial and personnel constraints mean that its
representatives cannot visit all facilities. The ICRC does not have
access to pretrial detention facilities under the authority of the
National Security Service (NSS). During the year, the ICRC carried out
37 humanitarian visits, visiting 27,974 detainees held in 25 places of
detention. During these visits the ICRC representatives monitored the
cases of 986 detainees, including 118 women and 53 minors. The ICRC
also facilitated the exchange of 636 Red Cross messages between
detainees and their relatives. The ICRC kept its findings confidential
and shared them only with the government.
Prison administration officials reported that the World Health
Organization had an active tuberculosis program in the prisons both to
treat and stop the spread of tuberculosis, and an HIV/AIDS treatment
and prevention program has been in place since 2008. Officials reported
that hepatitis was not present in high numbers, and hepatitis patients
were treated in existing medical facilities and programs.
On September 29, the president signed into law provisions
concerning detention during criminal proceedings. The law specifies the
rights of detainees, including the right to submit complaints about
violations or abuses during detention, meet with their relatives and
lawyers, and to personal security. The law forbids discrimination
against detainees on the basis of gender, race, nationality, language,
religion, social origin, beliefs, personal and social status, as well
as torture and other cruel, inhuman, or degrading treatment. It also
provides the Ombudsman's Office with unrestricted access to detention
facilities and to meet confidentially with detainees.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but authorities continued to
engage in such practices.
Role of the Police and Security Apparatus.--The government
authorizes three different entities to investigate criminal activity:
The MOI controls the police, who are responsible for law enforcement
and maintenance of order and investigate general crime. The NSS, headed
by a chairman who reports directly to the president, deals with a broad
range of national security and intelligence issues, including
terrorism, corruption, organized crime, and narcotics. Prosecutors
investigate violent crimes such as murder, as well as corruption by
officials and abuse of power. Where jurisdictions overlap, the agencies
determine among themselves which should take the lead. The MOI's main
investigations directorate maintained internal procedures to
investigate abuses and discipline officers accused of human rights
violations, but in practice the government rarely punished officials
who committed human rights abuses. A human rights and legal education
department within the Ministry of Interior investigated some police
brutality cases. The Human Rights Ombudsman's Office, affiliated with
the parliament, also had the power to investigate cases, although its
decisions on such investigations had no binding authority.
The government reported that during the first nine months of the
year, it opened 334 criminal cases against employees of law enforcement
bodies. A total of 253 cases were forwarded to the courts and resulted
in the conviction of 361 law enforcement employees on charges including
abuse of power, negligence, fraud, bribery, and theft.
There was no further information available regarding the
disposition of criminal charges brought against 186 employees of law
enforcement bodies in 2010 for unstated reasons.
Arrest Procedures and Treatment While in Detention.--By law a judge
must review any decision to arrest accused individuals or suspects, and
defendants have the right to legal counsel from the time of arrest,
although officials do not always grant that right in practice.
According to judicial reforms made in 2008, detainees have the
right to request hearings before a judge to determine whether they
remain incarcerated or are released. The arresting authority is
required to notify a relative of the detainee about the detention and
to question the detainee within 24 hours of being taken into custody.
Suspects have the right to remain silent. Detention without formal
charges is limited to 72 hours, although a prosecutor can request an
additional 48 hours, after which time the person must be charged or
released. Implementation of these reforms has been slow. In practice
judges granted arrest warrants in most cases, and authorities continued
to hold suspects after the allowable period of time. The judge
conducting the arrest hearing was allowed to sit on the panel of judges
during the individual's trial. There were complaints that authorities
tortured suspects before notifying either family members or attorneys
of their arrests.
Once authorities file charges, suspects can be held in pretrial
detention for up to three months while investigations proceed. The law
permits an extension of the investigation period for up to one year at
the discretion of the appropriate court upon a motion by the
investigating authority. A prosecutor may release a prisoner on bond
pending trial, although in practice authorities frequently ignored
these legal protections. Those arrested and charged with a crime may be
released without bail until trial on the condition that they provide
assurance that they will appear at trial and register each day at a
local police station. State-appointed attorneys are available for those
who do not hire private counsel.
In 2009 the Cabinet of Ministers adopted a decree requiring that
all defense attorneys pass a comprehensive relicensing examination.
Several experienced and knowledgeable defense lawyers who had
represented human rights activists and independent journalists lost
their licenses in the process. As a result, several other activists and
defendants faced difficulties in finding attorneys to represent them.
Amendments to the criminal procedure code in 2008 abolished provisions
that allowed unlicensed advocates to represent individuals in criminal
and civil hearings. However, a court has the discretion to allow such
an advocate if the advocate belongs to a registered organization.
There were reports that police arrested persons on false charges of
extortion, drug possession, or tax evasion as an intimidation tactic to
prevent them or their family members from exposing corruption or
interfering in local criminal activities.
Arbitrary Arrest.--Authorities continued to arrest persons
arbitrarily on charges of extremist sentiments or activities and
association with banned religious groups. Local human rights activists
reported that police and security service officers, acting under
pressure to break up extremist cells, frequently detained and
mistreated family members and close associates of suspected members of
religious extremist groups. Coerced confessions and testimony in such
cases were commonplace.
The IGIHRDU reported in early August on the arrests of Kholmurod
Shokirov, Zaynobiddin Mamatov, Zayniddin Israilov, Botir Navruzov, and
Yuldash Ergashev reportedly on charges related to religious extremism.
In the case of Shokirov, the IGIHRDU alleged that police officers Uktam
Ibragimov and Ulugbek Mamasoliev falsified arrest documents and Buka
District Criminal Court Judge O.I. Ismoilov approved 10 days' detention
in a hearing that took place without lawyers or witnesses. Detention
authorities allegedly threatened and tortured Shokirov while he was in
custody in the MOI pretrial detention facility in Tashkent Region.
Pretrial Detention.--In general prosecutors exercised discretion
over most aspects of criminal procedures, including pretrial detention.
Detainees had no access to a court to challenge the length or validity
of pretrial detention. Even when authorities filed no charges, police
and prosecutors frequently sought to evade restrictions on the duration
a person could be held without charges by holding persons as witnesses
rather than as suspects. In September human rights organizations
reported that the authorities were also classifying some detainees
whose residences were in fact established as ``homeless'' or ``John
Does'' since the law provides for detention of up to 30 days while the
police establish individuals' identities. During the year pretrial
detention typically ranged from one to three months. The government did
not provide the number of persons held in pretrial detention centers.
Amnesty.--On December 5, the Senate approved a prisoner amnesty.
According to its terms, women, underage offenders, men over age 60,
foreign citizens, and persons with disabilities or documented serious
illnesses were eligible. The bill also included first-time offenders
convicted of participation in banned organizations and the commission
of crimes against peace or public security who ``have firmly stood on
the path to recovery.'' Amnesty options included release from prison,
transfer to a work camp, or termination of a criminal case at the
pretrial or trial stage.
Local prison authorities have considerable discretion in
determining who qualifies for release as they determine whether a
prisoner is ``following the way of correction'' or ``systematically
violating'' the terms of incarceration. Officials often cited
``violation of internal prison rules'' as a reason for denying amnesty
and for extending sentences. Officials often determined that political
and religious prisoners were ineligible for amnesty based on these
provisions. During the year family members reported that two imprisoned
journalists--Dilmurod Sayid and Salijon Abdurakhmanov--were accused of
breaking the rules of the institutions where they were incarcerated and
expressed concern that this would make them ineligible for an amnesty.
e. Denial of Fair Public Trial.--Although the constitution provides
for an independent judiciary, the judicial branch often took direction
from the executive branch.
Under the law the president appoints all judges for renewable five-
year terms. Removal of Supreme Court judges must be confirmed by
parliament, which in practice generally complied with the president's
wishes.
Trial Procedures.--The criminal code specifies a presumption of
innocence. There are no jury trials. Most trials officially are open to
the public, although access was sometimes restricted in practice.
Judges may close trials in exceptional cases, such as those involving
state secrets or to protect victims and witnesses. Courts often
demanded that international observers obtain written permission from
the court chairman or from the Supreme Court before being allowed to
observe proceedings. Judges granted international observers, including
foreign diplomats, access to certain hearings. Authorities generally
announced trials only one or two days before they began.
Generally, a panel of one professional judge and two lay assessors,
selected by committees of worker collectives or neighborhood
committees, presided over trials. The lay judges rarely spoke, and the
professional judge usually accepted prosecutor recommendations on
procedural rulings and sentencing.
Defendants have the right to attend court proceedings, confront
witnesses, and present evidence. The government generally observed
these rights, including in high-profile human rights and political
cases. In the vast majority of criminal cases brought to court, the
verdict was guilty.
Defendants have the right to hire an attorney, and the government
improved access to attorneys after establishing a 24-hour on-call
system in 2008. The government provides legal counsel without charge
when necessary. According to reports, state-appointed defense attorneys
acted routinely in the interest of the government rather than of their
clients.
By law a prosecutor must request an arrest order from a court, but
it was rare for a court to deny such a request. Prosecutors have
considerable power after obtaining an arrest order; they direct
investigations, prepare criminal cases, and recommend sentences. The
prosecutor decides whether a suspect is released on bail or stays in
pretrial detention after formal charges are filed. Although the
criminal code specifies a presumption of innocence, in practice a
prosecutor's recommendations generally prevail. If a judge's sentence
does not correspond with the prosecutor's recommendation, the
prosecutor may appeal the sentence to a higher court. Judges often base
their verdicts solely on confessions and witness testimony, which may
be extracted through torture, threats to family members, or other means
of coercion. Legal protections against double jeopardy are not applied
in practice.
The law provides a right of appeal to all defendants, but appeals
rarely resulted in reversals of convictions. In some cases, however,
appeals resulted in reduced or suspended sentences.
Defense attorneys may access government-held evidence relevant to
their clients' cases once the initial investigation is completed and
the prosecutor files formal charges. There is an exception, however,
for evidence that contains information that if released could pose a
threat to state security. As was the case in previous years, courts
invoked that exception, leading to complaints that its primary purpose
is to allow prosecutors to avoid sharing evidence with defense
attorneys. In many cases, prosecution was based solely upon defendants'
confessions or incriminating testimony from state witnesses,
particularly in cases involving those accused of religious extremism.
Lawyers may, and occasionally did, call on judges to reject confessions
and investigate claims of torture. Judges often did not respond to such
claims or dismissed them as groundless.
Political Prisoners and Detainees.--International and domestic
human rights organizations estimated that authorities held 10 to 25
individuals on political grounds, but the government asserted that
these individuals were convicted for violating the law. Officials
released four high-profile prisoners--Yusuf Juma, Maxim Popov, Norboy
Holjigitov, and Jamshid Karimov--during the year. Family members of
several political prisoners reported abuse in prison and deterioration
of the prisoners' health.
According to Ezgulik, in August trials began for approximately 10
of 28 individuals extradited to Uzbekistan from Kazakhstan in June. The
individuals, who claimed refugee status in Kazakhstan but were denied,
were accused of involvement in bombings that took place in Tashkent in
1999 and in the 2008 attack on Tashkent Imam Anvar Qori Tursunov, as
well as participation in the banned Jihadisti (Jihodchilar) religious
group.
In January the Angren Criminal Court sentenced Matlyuba Kamilova, a
human rights activist and school principal from Angren, to 11 years in
prison for drug possession. An appeals court reduced the sentence to
eight years and at year's end Kamilova was held at the women's prison
in Zangiota. Friends of Kamilova previously asserted that police
planted the drugs in her purse in retaliation for her efforts to expose
police corruption.
During the year an appeals court confirmed the September 2010
decision by a Tashkent court to fine human rights activist Anatoly
Volkov 1.5 million soum ($715) for ``swindling'' money from a 90-year-
old pensioner. Observers believed the charges were in retaliation for
Volkov's human rights activities. Volkov appealed the decision on
September 22, but the court did not issue a decision by year's end.
According to Volkov, the court considered the appeal in his absence,
and he learned of the decision afterwards. He planned to appeal and
request a new investigation.
Civil Judicial Procedures and Remedies.--Although the constitution
provides for it, the judiciary is not independent or impartial in civil
matters. Citizens may file suit in civil courts, if appropriate, on
cases of alleged human rights violations. There were isolated reports
that bribes to judges influenced civil court decisions; for example, in
late October, police detained Sulaimon Akbarov, a judge with the
Rishton Interdistrict Civil Affairs Court, and charged him with
soliciting a bribe of 2.1 million soum ($1,000) to decide a case in
favor of one of the parties.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution and law forbid such actions,
authorities did not respect these prohibitions in practice. The law
requires a search warrant for electronic surveillance, but there is no
provision for judicial review of such warrants.
There were reports that police and other security forces entered
the homes of human rights activists and members of some religious
groups without a warrant. On numerous occasions, members of Protestant
churches who held worship services in private homes reported that armed
security officers raided services and detained and fined church members
for religious activity deemed illegal under the administrative or
criminal code. For example, on July 28, the Gulistan Municipal Criminal
Court convicted nine members of an unregistered Baptist church in
Gulistan of unregistered religious activity and illegal teaching of
religion and issued fines ranging from 50,000 to five million soum ($24
to $2,400).
Human rights activists and political opposition figures generally
assumed that security agencies covertly monitored their telephone calls
and activities.
The government continued to use an estimated 12,000 neighborhood
committees (``mahallas'') as a source of information on potential
extremists. Committees served varied social support functions, but they
also functioned as a link among local society, government, and law
enforcement. Mahalla committees in rural areas tended to be more
influential than those located in cities.
There were credible reports that police, employers, and mahalla
committees harassed family members of human rights activists. After
human rights activist Tatiana Dovlatova participated in a controversial
Russian TV program about the status of the ethnic Russian minority in
the country, local authorities stripped her brother of his handicapped
status and pension, her common-law husband was fired from his job, and
police arrested her son on drug charges. Dovlatova claimed that these
events were part of a government campaign targeting her.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Freedom of Speech.--The constitution and law provide for
freedom of speech and press, but the government did not respect these
rights in practice, severely limiting freedom of expression.
The law restricts criticism of the president, and public insult to
the president is a crime punishable by up to five years in prison. The
law specifically prohibits publication of articles that incite
religious confrontation and ethnic discord or that advocate subverting
or overthrowing the constitutional order.
Freedom of the Press.--The law holds all foreign and domestic media
organizations accountable for the accuracy of their reporting, bans
foreign journalists from working in the country without official
accreditation, and requires that foreign media outlets be subject to
mass media laws. The government prohibits the promotion of religious
extremism, separatism, and fundamentalism, as well as the instigation
of ethnic and religious hatred. It bars legal entities with more than
30 percent foreign ownership from establishing media outlets in the
country.
Articles in state-controlled newspapers reflected the government's
viewpoint. The main government newspapers published selected
international wire stories. The government allowed publication of a few
private newspapers with limited circulation containing advertising,
horoscopes, and some substantive local news, including infrequent
stories critical of government socioeconomic policies.
The government published news stories on the official Internet
sites of various ministries. A few purportedly independent Web sites
consistently reported the government's viewpoint.
The four state-run channels dominated television broadcasting.
Numerous privately owned regional television stations and privately
owned radio stations were influential among local audiences.
Violence and Harassment.--During the year harassment of journalists
continued. Police and security services subjected print and broadcast
journalists to arrest, harassment, intimidation, and violence, as well
as to bureaucratic restrictions on their activity.
On August 22, Tashkent International Airport security authorities
detained independent journalist Elena Bondar for four hours upon her
return from Bishkek, where she attended journalism courses sponsored by
the OSCE Academy and Deutsche Welle. Border control and customs
officers searched Bondar and confiscated CDs, two video-cassettes, and
a USB-drive for further inspection. Authorities opened administrative
proceedings against Bondar for failure to declare goods but later
dropped the charges. In September she came under pressure for failing
to have a residency permit (propiska) for Tashkent.
As in past years, the government harassed journalists from state-
run and independent media outlets in retaliation for their contact with
foreign diplomats, specifically questioning journalists about such
contact. Some journalists refused to meet with foreign diplomats face-
to-face because doing so in the past resulted in harassment and
questioning by the NSS.
Censorship or Content Restrictions.--Journalists and senior
editorial staff in state media organizations reported that there were
officials whose responsibilities included censorship. There continued
to be reports that government officials and employers provided verbal
directives to journalists to refrain from covering certain events
sponsored by foreign embassies and in some cases threatened termination
for non-compliance. There were reports, however, that regional
television outlets broadcast some moderately critical stories on local
issues such as water, electricity, and gas shortages, as well as
corruption and pollution.
The government continued to refuse Radio Free Europe/Radio Liberty
(RFE/RL), Voice of America, and BBC World Service permission to
broadcast from within the country. It also continued to use
accreditation rules to deny foreign journalists and media outlets, as
well as international NGOs, the opportunity to work in the country.
Libel Laws/National Security.--The criminal and administrative
codes impose significant fines for libel and defamation. The government
used charges of libel, slander, and defamation to punish journalists,
human rights activists, and others who criticized the president or the
government. On August 5, the Cabinet of Ministers adopted a decision to
create an ``Expert Commission on Information and Mass Communication''
to analyze whether publications adhere to legislative requirements to
protect privacy, prevent a ``destructive negative information-
psychological impact on citizens' perceptions, and preserve and support
national cultural traditions and heritage.'' Journalists and human
rights activists warned that these provisions could be misused to
silence dissenting views.
As of year's end, the Supreme Court had yet to rule on the appeal
submitted in May 2010 by photographer Umida Ahmedova, whom a Tashkent
court found guilty in February 2010 of defaming the Uzbek people
through a book of photography and a documentary film; the court
immediately granted her amnesty from punishment.
Publishing Restrictions.--Government security services and other
offices regularly directed publishers to print articles and letters
under fictitious bylines and gave explicit instructions about the types
of stories permitted for publication. Often there was little
distinction between the editorial content of a government or privately
owned newspaper. Journalists engaged in little independent
investigative reporting. The number of critical newspaper articles
remained low and narrow in their scope. Widely read tabloids, however,
were able to publish some articles that presented mild criticism of
government policies or which discussed some problems that the
government considered sensitive, such as trafficking in persons.
Internet Freedom.--The government generally allowed access to the
Internet, including social media sites. However, Internet service
providers, allegedly at the government's request, routinely blocked
access to Web sites or certain pages of Web sites the government
considered objectionable. The government blocked several domestic and
international news Web sites and those operated by opposition political
parties. Beginning on August 9, more than 60 Internet sites, including
the Financial Times, the New York Times, Reuters, Reporters without
Borders, and a number of Russia-based news media, were inaccessible for
a number of days.
The media law defines web sites as media outlets, requiring them,
as is the case with all local and foreign media, to register with the
authorities and provide the names of their founder, chief editor, and
staff members. Web sites were not required to submit to the government
hard copies of publications, as was required of traditional media
outlets.
Several active online forums allowed registered users to post
comments and read discussions on a range of social issues facing the
country. In order to become a registered user in these forums,
individuals needed to provide personally identifiable information. It
is not clear whether the government attempted to collect this
information. At the beginning of September, the country unveiled a new
government-sponsored social media site--Muloqot--that requires users
provide a registered local cell phone number in order to gain full
access to the site. Civil society activists claimed that the government
monitored and censored the site by directing the deletion of the
accounts of users who posted RFE/RL content, which is blocked.
A decree requires that all Web sites seeking ``.uz'' domain must
register with the state Agency for Press and Information. The decree
generally affected only government-owned or government-controlled Web
sites. Opposition Web sites and those operated by international NGOs or
media outlets tended to have domain names registered outside the
country.
Some human rights activists believed that their e-mail was
monitored by the government, but there was no corroborating evidence to
support those claims.
Academic Freedom and Cultural Events.--The government continued to
limit academic freedom and cultural events. In August local authorities
in Tashkent forced the closure of an art exhibition of young artists
organized by photographer Umida Ahmedova. Authorities occasionally
required department head approval for university lectures or lecture
notes, and university professors generally practiced self-censorship.
Numerous students reported that universities taught mandatory courses
on books and speeches of the president and that missing any of these
seminars constituted grounds for expulsion.
In October, according to news reports citing a unnamed member of
Uzbekkino, the national film association, members of the NSS warned the
country's leading writers, painters, musicians, and drama and film
professionals against using religious themes in their work during a
meeting held at the State Academic Drama Theater.
Although a decree prohibits cooperation between higher educational
institutions and foreign entities without the explicit prior approval
of the government, foreign institutions often were able to obtain such
approval by working with the Ministry for Foreign Affairs (MFA),
especially for foreign language projects. Some school and university
administrations, however, continued to pressure teachers and students
to refrain from participating in conferences sponsored by diplomatic
missions.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
but in practice the government often restricted this right. Authorities
have the right to suspend or prohibit rallies, meetings, and
demonstrations for security reasons. The government often did not grant
the required permits for demonstrations. Citizens are subject to large
fines for facilitating unsanctioned rallies, meetings, or
demonstrations by providing space or other facilities or materials, as
well as for violating procedures concerning the organizing of meetings,
rallies, and demonstrations.
Authorities dispersed and occasionally detained those involved in
peaceful protests, and sometimes pressed administrative charges as a
result of protest actions. Among many examples was police action on
June 27, when police detained former television journalists Malohat
Eshonqulova and Saodat Omonova in the front of the presidential
administration as they demonstrated in an attempt to seek a meeting
with the president. Police transported Eshonqulova and Omonova to the
Yakkasaroy District Criminal Court where Judge Shamshutdinova fined
them each 2.94 million soum ($1,400) for violating the procedures for
organizing meetings, rallies, and demonstrations. Human rights groups
reported that the hearing lasted 10 minutes and was held without the
defendants' lawyer. In protest, Eshonqulova and Omonova undertook a
hunger strike, which lasted for approximately two weeks.
On July 15, the Mirzo Ulugbek District Court in Tashkent fined a
locally employed staff member of the British Embassy an amount equal to
80 monthly minimum wages (approximately 4.5 million soum or $2,100) for
conducting an unsanctioned meeting. The charges, which were upheld on
appeal, stemmed from civil society workshops organized on the premises
of the British embassy.
Freedom of Association.--While the law provides for freedom of
association, the government continued to restrict this right in
practice. The government sought to control NGO activity and expressed
concerns about internationally funded NGOs and unregulated Islamic and
minority religious groups. There are strict legal restrictions on the
types of groups that may be formed, and the law requires that all
organizations be registered formally with the government. The law
allows for a six-month grace period for new organizations to operate
while awaiting registration from the Ministry of Justice, during which
time the government officially classifies them as ``initiative
groups.'' Several NGOs continued to function as initiative groups for
periods longer than six months.
NGOs that intend to address sensitive issues such as HIV/AIDS or
refugee issues often faced increased difficulties in obtaining
registration. The government allowed nonpolitical associations and
social organizations to register, but complicated rules and a
cumbersome bureaucracy made the process difficult and allowed
opportunities for government obstruction. The government compelled most
local NGOs to join a government-controlled NGO association that allowed
the government some control over the NGOs' funding and activities. The
degree to which NGOs were able to operate varied by region because some
local officials were more tolerant of NGO activities.
The administrative liability code imposes large fines for
violations of procedures governing NGO activity, as well as for
``involving others'' in illegal NGOs. The law does not specify whether
``illegal NGOs'' are those that the government suspended or closed or
those that were unregistered. The administrative code also imposes
penalties against international NGOs for engaging in political
activities, activities inconsistent with their charters, or activities
the government did not approve in advance. The government increased
efforts to enforce the 2004 banking decree that, although ostensibly
designed to combat money laundering, also complicated efforts by
registered and unregistered NGOs to receive outside funding. The
Ministry of Justice requires NGOs to submit detailed reports every six
months on any grant funding received, events conducted, and planned
events for the next period.
The Finance Ministry required humanitarian aid and technical
assistance recipients to submit information about their bank
transactions.
The law criminalizes membership in organizations the government
broadly deems ``extremist.'' The law also bans the extremist Islamist
political organization Hizb-ut Tahrir, stating it promotes hate and
condones acts of terrorism.
c. Freedom of Religion.--See the Department of State's
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.--In-country Movement.--The
constitution and law provide for freedom of movement within the country
and across its borders, although the government limited this right in
practice. The government at times delayed domestic and foreign travel
and emigration during the visa application process. Borders
occasionally were closed around national holidays due to security
concerns. Permission from local authorities is required to move to
Tashkent City or Tashkent Region, although authorities rarely granted
such permission without the payment of bribes.
Foreign Travel.--Citizens are required to have a domicile
registration stamp in their passport before traveling domestically or
leaving the country. The government also requires citizens and foreign
citizens permanently residing in the country to obtain exit visas for
foreign travel or emigration, although it generally grants the visas.
In July the Cabinet of Ministers adopted amendments to exit visa
procedures that allowed denial to travel on the basis of ``information
demonstrating the inexpedience of the travel.'' According to civil
society activists, these provisions were poorly defined and such
decisions could not be appealed. In addition, ostensibly in an effort
to combat trafficking in persons, the country introduced regulations
that required male relatives of women age 18 to 35 to submit a
statement pledging that the women would not engage in illegal behavior,
including prostitution, while abroad.
As in past years, although the law prescribes that a decision
should be reached within 15 days, there were reports that the
government delayed exit visas for human rights activists and
independent journalists to prevent their travel abroad. For example,
during the year authorities subjected human rights activists Dmitriy
Tikhonov and Vladimir Khusainov, and independent journalist Abdumalik
Boboev to such delays, although Tikhonov and Boboev eventually received
visas after waiting 10 and four months, respectively. In August the
government refused to issue an exit visa to human rights activist
Tatiana Dovlatova, citing her January conviction on hooliganism
charges.
Citizens generally continued to be able to travel to neighboring
states. Land travel to Afghanistan remained difficult. Citizens needed
permission from the NSS to cross the border.
The government requires hotels to register foreign visitors with
the government on a daily basis. Foreigners who stay in private homes
are required to register their location within three days of arrival.
Government officials closely monitor foreigners in border areas, but
foreigners generally can move within the country without restriction.
Emigration and Repatriation.--The law does not provide for dual
citizenship. In theory, returning citizens must prove to authorities
that they did not acquire foreign citizenship while abroad or face loss
of citizenship. In practice citizens who possessed dual citizenship
generally traveled without impediment.
The government noted that citizens residing outside the country for
more than six months could register with the country's consulates, and
such registration was voluntary. Unlike in some previous years, there
were no reports that failure to register rendered citizens residing
abroad and children born abroad stateless.
Protection of Refugees.--Access to Asylum.--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.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened due to their race,
religion, nationality, membership in a particular social group, or
political opinion. As during the previous year, there were no reported
cases of the government forcibly removing Afghan refugees from the
country.
During the year, in the absence of a U.N. High Commissioner for
Refugees (UNHCR) presence, the U.N. Development Program (UNDP)
continued to assist with monitoring and resettlement processing of 173
pending (predominantly Afghan) refugee cases, which predated the
closure of the UNHCR in 2006. During the year the UNDP completed
processing 60 cases involving 97 people. Because the UNDP does not
process new claims or make refugee status determinations, it refers
potential applicants to the UNHCR offices in neighboring countries.
Since 2007 the MFA has not considered UNHCR mandate certificates as
the basis for extended legal residence, and persons carrying such
certificates must apply for either tourist visas or residence permits
or face possible deportation. Residence permits were difficult to
obtain, and there were cases during the year when law enforcement
bodies revoked residence permits, forcing refugees to leave the
country. The government considered the UNHCR mandate refugees from
Afghanistan and Tajikistan to be economic migrants, and officials
sometimes subjected them to harassment and bribery. Most refugees from
Tajikistan were ethnic Uzbeks; unlike refugees from Afghanistan, those
from Tajikistan were able to integrate into the local communities, and
the local population supported them. Some refugees from Tajikistan were
officially stateless or faced the possibility of becoming officially
stateless, as many carried only old Soviet passports rather than Tajik
or Uzbek passports. Children born to two stateless parents receive the
country's citizenship only if both parents have a residence permit.
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. In practice the government severely
restricted freedom of expression and suppressed political opposition.
President Karimov ruled a highly centralized government through
sweeping decree powers, primary authority for drafting legislation, and
control over government appointments, most of the economy, and the
security forces.
Elections and Political Participation.--Recent Elections.--In 2008
President Karimov began a third term as president as a result of
elections held in 2007 that did not meet international democratic
standards. The constitution prohibits a president from seeking a third
term in office, an apparent contradiction the government has never
addressed publicly. The OSCE's limited election observation mission
noted that while there were more candidates than in previous elections,
all candidates publicly endorsed President Karimov's policies and that
there were procedural problems and irregularities in vote tabulation.
Political Parties.--The law allows independent political parties,
but the Ministry of Justice has broad powers to oversee parties and to
withhold financial and legal support to parties that they judge as
being opposed to the government.
The law makes it extremely difficult for genuinely independent
political parties to organize, nominate candidates, and campaign. To
register a new party requires 20,000 signatures. The procedures to
register a candidate are burdensome. The law allows the Ministry of
Justice to suspend parties for as long as six months without a court
order. The government also exercised control over established parties
by controlling their financing and media exposure.
The law prohibits judges, public prosecutors, NSS officials, those
in the armed forces, foreign citizens, and stateless persons from
joining political parties. The law prohibits parties based on religion
or ethnicity; those that oppose the sovereignty, integrity, security of
the country, or the constitutional rights and freedoms of citizens;
those that promote war or social, national, or religious hostility; and
those that seek to overthrow the government.
The government banned or denied registration to several political
parties following the 2005 Andijon events. Former party leaders
remained in exile, and their parties struggled to remain relevant
without a strong domestic base.
Participation of Women and Minorities.--There were 33 women in the
150-member lower chamber of the parliament, including the speaker
Dilorom Toshmuhammedova, and 15 women in the 100-member senate, along
with two women in the 28-member cabinet.
There were 11 members of ethnic minorities in the lower house of
parliament and 11 members of ethnic minorities in the senate.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively, and officials
frequently engaged in corrupt practices with impunity. The government
reported that during the first nine months of the year the courts
convicted 460 government officials of corruption-related charges, 371
of whom were sentenced to prison.
On October 4, the official newspaper Pravda Vostoka reported that
during the first six months of the year, the Public Prosecutor's Office
initiated more than 60 criminal cases against officials accused of
bribery, misappropriation of property, and forgery in public office.
These cases resulted, amongst others, in the convictions of R.
Gulyamov, mayor of Olmaliq; E. Muhammadiev, mayor of Farish District;
and Rashid Nurmatov, former deputy mayor of Kokand, for economic and
social issues.
In late November civil society activists and the mass media
reported that M. Shukurullaev, a judge with the Jizzakh Region Criminal
Court, had been arrested for bribery. At year's end, there was no
additional information available concerning the status of the case.
Corruption among law enforcement personnel remained a problem.
Police routinely and arbitrarily detained citizens to extort bribes.
For example, the Web site uzmetronom.com reported on September 17 that
the NSS detained Colonel M. Egamberdiev, deputy head of investigations
for the Mirabad Police Department in Tashkent, as he received a bribe.
According to the government, 157 law enforcement officials were
convicted on corruption-related charges during the first nine months of
the year, representing a substantial increase over previous years.
The public did not generally have access to government information,
and the government seldom reported information normally considered in
the public domain.
Corruption was a severe problem in the university, law, and traffic
enforcement systems. There were several reports that bribes to judges
influenced the outcomes of civil suits. In October there was a series
of media reports about the prevalence of corruption, primarily by
customs officials, at the airports.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups operated in the country,
although the government often hampered their activities by creating
fear of official retaliation. The government frequently harassed,
arrested, and prosecuted human rights activists. Unlike in past years,
there were no reports that activists were under house arrest or strict
control of law enforcement officers around the September 1 Independence
Day holiday.
The government officially acknowledged two domestic human rights
NGOs: Ezgulik and the Independent Human Rights Organization of
Uzbekistan. Others were unable to register but continued to function at
both the national and local levels. For example, in May the
Humanitarian Legal Center in Bukhara submitted its fifth registration
application in the past two years and was denied without explanation.
The NGO continued to conduct activities, however, and local authorities
even participated in round table discussions on certain topics.
Organizations that attempted to register in previous years and
remained unregistered included the Human Rights Society of Uzbekistan,
the Expert Working Group (EWG), and Mazlum (``Oppressed''). These
organizations did not exist as legal entities but continued to function
despite difficulty renting offices and conducting financial
transactions. They could not open bank accounts, making it virtually
impossible to receive funds legally. Unregistered groups were
vulnerable to government prosecution. In rare cases, however,
government representatives participated with unregistered groups in
certain events.
Government officials spoke informally with domestic human rights
defenders, some of whom noted that they were able to resolve cases of
human rights abuses through direct engagement with authorities.
The government required that NGOs coordinate their training
sessions or seminars with government authorities. NGO managers believed
this amounted to a requirement for prior official permission from the
government for all NGO program activities.
Police and security forces continued to harass domestic human
rights activists and NGOs during the year. Security forces regularly
threatened and intimidated human rights activists to prevent their
activities and dissuade them from meeting with foreign diplomats;
occasionally police and other government authorities ordered activists
to cease contact with foreigners.
There continued to be occasional attacks against human rights
activists. For example, on October 3, Bahtiyor Elmuradov, director of
School Number 1 in the Zarbdar district of Jizzakh region, reportedly
beat Ziyodullo Razokov, chairman of the International Society for Human
Rights of Uzbekistan branch in Jizzakh region and a teacher at School
Number 1. The attack allegedly occurred in response to an interview
that Razokov gave regarding the involvement of his students in the
cotton harvest. Razokov filed a complaint with the police on October 4,
and on November 28 the Jizzakh District Criminal Court found Elmuradov
guilty of inflicting minor injuries and libel and fined him
approximately 567 thousand soum ($270).
In June the government closed the local office of Human Rights
Watch following a Supreme Court decision. The organization, which
sought to contribute to the country's implementation of its
international commitments to further develop democracy and civil
society, had not been able to obtain accreditation for an international
staff person since 2008.
On August 15, police in the Pakhtakor District of Jizzakh Region
detained Human Rights Society of Uzbekistan activist Saida Kurbanova
for several hours, reportedly in connection with a libel investigation
stemming from an article she wrote about the difficulties citizens face
when using state-issued bank cards. Kurbanova alleged that the police,
including Akmal Johanov, Pakhtakor district deputy police chief,
threatened and mistreated her, physically dragging her up the stairs at
one point. The police denied these allegations.
U.N. and Other International Bodies.--The government continued to
restrict the work of international bodies and severely criticized their
human rights monitoring activities and policies.
Although the OSCE has been able to do only limited work on human
rights issues since 2006, the government approved several proposed OSCE
projects during the year, including in the ``human dimension,'' the
human rights component of the OSCE's work.
Government Human Rights Bodies.--The Human Rights Ombudsman's
Office stated that its goals included promoting observance and public
awareness of fundamental human rights, assisting in shaping legislation
to bring it into accordance with international human rights norms, and
resolving cases of alleged abuse. The Ombudsman's Office mediates
disputes between citizens who contact it and makes recommendations to
modify or uphold decisions of government agencies, but its
recommendations are not binding. More than 40 percent of the more than
10,000 complaints received by the ombudsman during 2010 dealt with the
rights to life, freedom, privacy, human treatment, and respect for
dignity, as well as the right to a fair trial.
Throughout the year the Ombudsman's Office hosted meetings and
conferences with law enforcement, judicial representatives, and limited
international NGO participation to discuss its mediation work and means
of facilitating protection of human rights.
The National Human Rights Center is a government agency responsible
for educating the population and officials on the principles of human
rights and democracy and for ensuring that the government complies with
its international obligations to provide human rights information.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law and constitution prohibit discrimination on the bases of
race, gender, disability, language, and social status. Nonetheless,
societal discrimination against women and persons with disabilities
existed, and child abuse persisted.
Women.--Rape and Domestic Violence.--The law prohibits rape,
including rape of a ``close relative,'' but the criminal code does not
specifically prohibit marital rape, and the court did not try any known
cases. Cultural norms discouraged women and their families from
speaking openly about rape, and the press rarely reported instances of
rape.
The law does not specifically prohibit domestic violence, which
remained common. While the law punishes physical assault, police often
discouraged women from making complaints against abusive partners, and
officials rarely removed abusers from their homes or took them into
custody. Society considered the physical abuse of women to be a
personal affair rather than a criminal act. Family members or elders
usually handled such cases, and they rarely came to court. Local
authorities emphasized reconciling husband and wife, rather than
addressing the abuse. Although prohibited by law, polygamy existed.
As in past years, there were reported cases in which women
attempted or committed suicide as a result of domestic violence. Those
active in women's issues suggested that many cases went unreported, and
there were no reliable statistics on the problem's extent. Observers
cited conflict with a husband or mother-in-law, who by tradition
exercises complete control over a wife, as the usual reason for
suicide. There were no government-run shelters or hotlines for victims
of domestic abuse, and very few NGOs focused on domestic violence.
Sexual Harassment.--The law does not explicitly prohibit sexual
harassment, but it is illegal for a man to coerce a woman who has a
business or financial dependency into a sexual relationship. Social
norms and the lack of legal recourse made it difficult to assess the
scope of the problem.
Reproductive Rights.--The government generally allowed couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children, and it granted access to information and the
means to do so free from discrimination, coercion, and violence. There
were, however, media reports in July in which unnamed Tashkent-based
gynecologists alleged that the Directorate of Health issued oral
instructions requiring a ``letter of explanation'' from pregnant women
who wished to give birth to a third child. The same reports also
included allegations that as in the past the government pressured
doctors to sterilize women to control the birth rate. The government's
official policy is for doctors to encourage all forms of family
planning including sterilization, which may not be done without the
informed consent of the patient.
Contraception generally was available to men and women. In most
districts, maternity clinics were available and staffed by fully
trained doctors, who gave a wide range of prenatal and postpartum care.
There were reports that women in rural areas chose in greater numbers
than in urban areas to give birth at home without the presence of
skilled medical attendants.
Discrimination.--The law prohibits discrimination based on gender,
and the National Women's Committee exists to promote the legal rights
of women. Women historically have held leadership positions across all
sectors of society, although not with the same prevalence as men, and
cultural and religious practices limited their effectiveness. The
government provided little data that could be used to determine whether
women experienced discrimination in access to employment, credit, or
pay equity for substantially similar work. However, the labor code
prohibits women from working in as many industries as men. In addition
opportunities for starting or growing a business are extremely limited.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory or from one's parents. The government
generally registers all births immediately.
Medical Care.--While the government provided equal subsidized
health care for boys and girls, those without an officially registered
address, such as street children and children of migrant workers, did
not have access to government health facilities.
Child Abuse.--Society generally considered child abuse to be an
internal family matter, with little information available officially.
Child Marriage.--The law states that the minimum age for marriage
is 17 for women and 18 for men, but a mayor of a district may lower the
age by one year in exceptional cases. Child marriage was not prevalent,
although in some rural areas girls as young as 15 occasionally were
married in religious ceremonies not officially recognized by the state.
Sexual Exploitation of Children.--The law seeks to protect children
from ``all forms of exploitation.'' Involving a child in prostitution
is punishable with a fine of 25 to 50 times the minimum salary and
prison time of an unspecified length.
The minimum age of consensual sex is 16 years. The punishment for
statutory rape is 15 to 20 years' imprisonment. The production,
demonstration, and distribution of child pornography (younger than age
21) is punishable by fine or by imprisonment up to three years.
Institutionalized Children.--In contrast to previous years, there
were no reports of women being pressured into institutionalizing
children who were born with birth defects or other illnesses.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html, as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--Jewish leaders reported high levels of acceptance
in society. There were no reports of anti-Semitic acts or patterns of
discrimination against Jews. The Jewish community was unable to meet
the registration requirements necessary to have a centrally registered
organization, but there were eight registered Jewish congregations
throughout the country. Observers estimated the Jewish population to be
approximately 10,000 persons, concentrated mostly in Tashkent,
Samarkand, and Bukhara. Their numbers continued to decline due to
emigration, largely for economic reasons.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, but there was some societal
discrimination against those with disabilities.
The government continued its efforts to confirm the disability
levels of citizens who receive government disability benefits.
Officially, authorities conducted the confirmations to ensure the
legitimacy of disability payments, but unconfirmed reports suggested
that some persons with disabilities had their benefits unfairly reduced
in this process.
The law allows for fines if public buildings are not accessible for
the disabled, but disability activists reported that accessibility
remained inadequate, noting, for example, that many of the high schools
constructed in recent years have exterior ramps, but no interior
modifications that would allow wheelchair accessibility.
The law does not provide effective safeguards against arbitrary or
involuntary institutionalization. However, there were no reports during
the year of persons being held at psychiatric hospitals despite showing
no signs of mental illness.
The Ministry of Health controlled access to health care for persons
with disabilities, and the Ministry of Labor and Social Protection
facilitated employment of persons with disabilities. There were no
reports of problems regarding accessibility of information and
communications. No information was available regarding patterns of
abuse in educational and mental health facilities.
National/Racial/Ethnic Minorities.The constitution states that all
citizens are equal, regardless of ethnic background, and provides equal
protection by the courts to all residents irrespective of national,
racial, or ethnic origin. The country has significant Tajik (5 percent)
and Russian (5.5 percent) minorities and smaller Kazakh and Kyrgyz
minorities. There also was a small Romani population in Tashkent,
estimated at less than 50,000 individuals. Complaints of societal
violence or discrimination against members of these groups were rare.
The constitution also provides for the right of all citizens to
work and to choose their occupations. Although the law prohibits
employment discrimination on the bases of ethnicity or national origin,
ethnic Russians and other minorities occasionally expressed concern
about limited job opportunities. Officials reportedly reserved senior
positions in the government bureaucracy and business for ethnic Uzbeks,
although there were numerous exceptions.
The law does not require Uzbek language ability to obtain
citizenship, but language often was a sensitive issue. Uzbek is the
state language, and the constitution requires that the president speak
it. The law also provides that Russian is ``the language of interethnic
communication.''
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual activity among men
is punishable by up to three years' imprisonment. Although convictions
under this criminal provision were rare, there were reports in the past
that police used informants to extract heavy bribes from gay men. The
law does not criminalize same-sex sexual activity between women.
Homosexuality is generally a taboo subject in society, and there
were no known lesbian, gay, bisexual, and transgender (LGBT)
organizations. There was also no known perpetrated or condoned violence
against the LGBT community. There were no known reports of official or
societal discrimination based on sexual orientation or gender identity
in employment, housing, statelessness, or access to education or health
care, but this circumstance may be attributed to the social taboo
against discussing homosexual activity rather than to equality in such
matters.
Other Societal Violence or Discrimination.--Persons living with HIV
reported social isolation by neighbors, public agency workers, health
personnel, law enforcement officers, landlords, and employers after
their HIV status became known. The military summarily expelled recruits
in the armed services found to be HIV-positive. The government's
restrictions on local NGOs left only a handful of functioning NGOs to
assist and protect the rights of persons with HIV/AIDS. At the end of
October, the criminal court in the Yakkasaroy District of Tashkent
convicted, but then immediately amnestied, the head of the local Red
Crescent Society, Mannon Rahimov, of several crimes, including
operating without a license and publishing AIDS awareness materials
that contradict traditional values.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers the right to form and join unions of their
choice, declaring unions independent of governmental administrative and
economic bodies, except where provided for by other laws.
Discrimination against union members and officers is prohibited, but
this was irrelevant due to the unions' close relationship with the
government. The law neither provides for nor prohibits the right to
strike. The right to organize and bargain collectively, including the
right of unions to conclude agreements with enterprises, is included in
the law. Legally, unions have oversight regarding individual and
collective labor disputes.
In practice workers generally did not exercise their right to form
and join unions out of fear that attempts to create alternative unions
would be quickly repressed. Unions remained centralized and dependent
on the government. The state-run Board of the Trade Union Federation of
Uzbekistan incorporates more than 35,800 primary organizations and 14
regional trade unions, with official reports of 60 percent of employees
in the country participating. Leaders of the federation are appointed
by the president's office rather than elected by the union board. All
regional and industrial trade unions at the local level were state
managed. There were no independent unions.
Unions and their leaders were not free to conduct activities
without interference from the employer or from government-controlled
institutions. Rights to collective bargaining were not exercised.
Unions were government-organized institutions with little bargaining
power aside from some influence on health and work safety issues. The
Ministry of Labor and Social Protection and the Ministry of Finance, in
consultation with the Council of the Trade Union Federation, set wages
for government employees. In the small private sector, management
established wages or negotiated them individually with persons who
contracted for employment. There was no state institution responsible
for labor arbitration.
b. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children, except
as legal punishment for such offenses as robbery, fraud, or tax
evasion, or as specified by law. However, such practices occurred
during the cotton harvest, when authorities applied varying amounts of
pressure on governmental institutions, schools, and businesses to
organize schoolchildren, university students, teachers, medical
workers, government personnel, military personnel, and nonworking
segments of the population to pick cotton. Credible reporting indicated
that the use of forced mobilization of adult laborers during the cotton
harvest was higher than in the previous year. Authorities expected
teachers and school administrators to participate in the harvest either
as supervisors or by picking cotton themselves, and schoolteachers
often bore responsibility for ensuring their students met quotas. There
continued to be reports that students and adults who did not make their
quotas were subject to ridicule or abuse by local administrators or
police. The loss of public sector workers during the cotton harvest
adversely affected communities, as medical procedures often were
deferred, essential public services delayed, and internationally funded
development projects put on hold while implementing partners worked the
fields.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--Laws
to protect children from exploitation in the workplace provide both
criminal and administrative sanctions against violators of the child
labor laws, although these laws were not effectively enforced.
The national labor code establishes the minimum working age at 16
years and provides that work must not interfere with the studies of
those younger than 18 years of age. The law establishes a right to
part-time light work beginning at age 15, and children with permission
from their parents may work a maximum of 24 hours per week when school
is not in session and 12 hours per week when school is in session. The
law does not allow 14-year-olds to be involved with ``light work,''
even if it does not interfere with education or hinder the health or
development of the child, but this provision was not always observed in
practice. Children between the ages of 16 and 18 may work 36 hours per
week while school is out of session and 18 hours per week while school
is in session. Decrees adopted in 2009 and 2010, respectively,
stipulate a list of hazardous activities forbidden for children younger
than 18 and bar employers from using children to work under a list of
hazardous conditions including underground, underwater, at dangerous
heights, or with dangerous equipment. Children were employed in
agriculture, in family businesses, and as street vendors.
Children worked in the planting and picking of cotton. Many
thousands of schoolchildren and university students worked in the
cotton fields during the annual harvest as a result of government
mobilization. While pressure to use forced child labor in the cotton
sector continued to be prevalent in some regions of the country, other
regions attracted a consenting, adult work force. During the fall
harvest, local administrators in many regions of the country closed
schools and universities for up to six weeks and transported students
to work in the cotton fields. Although the majority of students
appeared to be over the age of 14 years, younger students were
observed, and there were isolated reports of some students as young as
10 years working in the fields. Observers reported that older students
often worked 10-hour days and frequently were housed in tents or
barracks away from their families. For the third year in a row, the
majority of classes remained in operation at the younger grade levels.
Students and adults typically earned between 100 and 150 soum ($.05
to $.07) per kilo (2.2 pounds) of cotton picked. Younger students were
expected to pick 20 to 40 kilograms of cotton per day, while older
students and adults were expected to pick 50 to 70 kilos per day. The
resulting daily wage was between 2,000 and 6,750 soum ($0.95 to $3.21)
for younger students and 5,000 to 10,500 soum ($2.38 to $5.00) per day
for older students. As in past years, there continued to be reports
that universities reportedly threatened to expel students who did not
participate in the harvest or required students to sign statements
indicating ``voluntary'' participation in the harvest.
Working conditions varied greatly by region. There were scattered
reports of inadequate food and lodging for the children, and there were
also reports of students without access to clean drinking water.
Labor legislation does not explicitly provide jurisdiction for
inspectors from the labor ministry to focus on child labor enforcement.
Enforcement of child labor laws is under the jurisdiction of the labor
ministry, the prosecutor general, the MOI, and MOI general criminal
investigators. It was unclear whether the MOI conducted inspections in
the agricultural sector. There were no known prosecutions for child
labor during the year, although the government asked UNICEF for its
observations of the harvest in order to investigate local officials who
mobilized children.
The government's 2008 National Action Plan called for an end to the
worst forms of child labor, including forced labor, but none of its
goals have been reached. The government does not allow independent
organizations to monitor comprehensively child labor in the cotton
sector, nor does it provide figures on the use of child labor in the
country. The government allowed UNICEF to observe the cotton harvest
and its working conditions and gave it full access to the fields,
children, schools and teachers.
On March 25, the government created an interagency working group to
ensure protection of the rights and legitimate interests of minors
under the age of 18 and report to the International Labor Organization
on measures undertaken to protect workers' and children's rights.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum salary between
August and December was 57,200 soum ($27) per month. On December 1, it
was raised 10 percent to 62,920 soum ($30). According to official
statistics, the average monthly salary exceeded 693,550 soum ($330)
before taxes. This level did not include salaries in the agricultural
sector. Reliable data and estimations on actual average household
income were not available. Officials reported the poverty level as
consumption of less than 2,100 kilocalories per day, but the government
does not publish any indicators of poverty level. According to the
latest available data, approximately 20 percent of the population lived
below the poverty level in 2010.
The law establishes a standard workweek of 40 hours and requires a
24-hour rest period. Overtime pay exists in theory, but it rarely was
paid in practice. According to the labor code, compensation for
overtime work must be specified in employment contracts or agreed to
with an employee's trade union and can be implemented in the form of
additional pay or leave. According to the legislation, overtime
compensation should not be less than 200 percent of the employee's
actual hourly wage. Additional leave time should be not less than the
length of actual overtime work. An employee cannot work more than 120
hours of overtime per year.
The Ministry of Labor establishes and enforces occupational health
and safety standards in consultation with unions. Reports suggested
that enforcement was not effective. Although regulations provide for
safeguards, workers in hazardous jobs often lacked protective clothing
and equipment. Labor inspectors conducted inspections of small- and
medium-sized businesses once every four years and inspected larger
enterprises once every three years. The labor ministry or a local
governor's office can initiate a selective inspection of a business as
well, and special inspections are conducted in response to accidents or
complaints.
In accordance with the Law on Workers' Safety, workers legally may
remove themselves from hazardous work if an employer has failed to
provide adequate safety measures for the job. Generally workers did not
exercise this right, as it was not effectively enforced, and employees
feared retribution by employers. A 2009 law requires employers to
insure against civil liability for damage caused to the life or health
of an employee in connection with a work injury, occupational disease,
or other injury to health caused by the employee's performance on the
job. No cases have yet been reported under this law.
The country has bilateral labor migration agreements with Russia
and South Korea to increase protections on a range of labor rights for
the country's labor migrants.
__________
WESTERN HEMISPHERE
----------
ANTIGUA AND BARBUDA
executive summary
Antigua and Barbuda is a multiparty, parliamentary democracy. In
parliamentary elections in March 2009, which observers described as
generally free and fair, the ruling United Progressive Party (UPP)
defeated the Antigua Labour Party (ALP), and Baldwin Spencer was
reelected as prime minister. Security forces reported to civilian
authorities.
The most serious human rights problems involved poor prison
conditions.
Other human rights problems included discrimination and violence
against women; members of the lesbian, gay, bisexual, and transgender
(LGBT) community; and persons with HIV/AIDS. There were reports of the
mental, physical, and sexual abuse of children.
The government made strides in prosecuting and punishing those who
committed human rights abuses, and impunity was not a widespread
problem
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings. Authorities investigate any police-involved
killings, and the prime minister can call for an independent
investigation into an incident as needed.
Authorities held police accountable for their actions, although the
process can take months or even years to be completed. For instance, in
2009 a court convicted Constable Kevin Nelson of murder following the
use of excessive force against Denfield ``Tobi'' Thomas during a 2006
incident.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution specifically prohibits such practices,
and the authorities generally respected these prohibitions in practice.
Nonetheless, there were occasional reports of use of excessive force
and discrimination against persons on basis of sexual orientation or
gender identity by the police.
Prison and Detention Center Conditions.--Prison conditions were
very poor. Her Majesty's Prison, the country's only prison, was
overcrowded, had inadequate toilet facilities, and slop pails were used
in all 98 cells. A fire in April, as well as one in 2010, worsened the
already poor conditions. Poor ventilation caused cell temperatures to
remain very high, prisoners did not receive the adequate diet
prescribed by internal regulations, and the superintendent was unable
to promote the required standards of hygiene within the prison.
The prison, designed to hold a maximum of 150 inmates, held 154
convicted prisoners, 59 remanded prisoners, 83 awaiting trial, two
awaiting sentencing, and four recaptured escapees at year's end.
Prison overcrowding was attributed in part to a law that limits the
ability of magistrates to grant bail to those accused of certain
offenses. This resulted in an increase in the number of persons held on
remand or awaiting trial. Remanded prisoners were separated from
convicted prisoners, except in special cases where those arrested were
members of a gang, although, this was not the norm. Illegal immigrants
also were held in the prison, as the government had not yet completed
construction of a separate holding facility.
Thirteen female prisoners were held in a separate section and were
not subject to the same overcrowding problems encountered in the men's
prison. Ten juvenile prisoners were held in the same building as adult
prisoners, but occupied separate cells.
Prisoners and detainees had reasonable access to visitors, were
permitted religious observances, and had reasonable access to complaint
mechanisms and the ability to request inquiry into conditions.
The government investigated and monitored prison conditions and
permitted prison visits by independent human rights observers, although
no such visits were known to have occurred during the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--Security forces consist
of a police force, a prison guard service, immigration, airport and
port security, the small Antigua and Barbuda Defence Force, and the
Office of National Drug Control and Money Laundering Policy, which
coordinates law enforcement and prosecutorial action to counter
narcotics trafficking. The police fall under the minister of national
security and labor's responsibility. The prime minister can call for an
independent investigation into an incident as needed.
The police discipline department, which investigates complaints
against the police, is headed by the deputy police commissioner and
decides whether an investigation is conducted. Police typically are
held accountable for their actions, as evidenced by the court
conviction of Assistant Superintendent of Police Everton Francis for
the unlawful shooting of Damien Watson in 2010.
Civilian authorities maintained effective control over the security
forces, and the government has effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces during the year.
Arrest Procedures and Treatment While in Detention.--The law
permits police to arrest without a warrant persons suspected of
committing a crime. Criminal defendants have the right to a prompt
judicial determination of the legality of their detention. The police
must bring detainees before a court within 48 hours of arrest or
detention. Criminal detainees were allowed prompt access to counsel and
family members. The bail system requires those accused of more serious
crimes to appeal to the High Court for bail, taking this responsibility
away from the lower court magistrates.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides that criminal
defendants should receive a fair, open, and public trial, and an
independent judiciary generally enforced this right. Trials are by
jury. Defendants enjoy a presumption of innocence, have timely access
to counsel, may confront or question witnesses, and have the right to
appeal. In capital cases only, the government provides legal assistance
at public expense to persons without the means to retain a private
attorney. Courts often reached verdicts quickly, with some cases coming
to conclusion in a matter of days.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--A court of summary
jurisdiction, which sits without a jury, deals with civil cases
involving sums of up to EC$1,500 ($550); five magistrate's courts deal
with summary offenses and civil cases of not more than EC$500 ($185) in
value. Persons may apply to the High Court for redress of alleged
violations of their constitutional rights.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and of the
press, but the government respected these rights on a somewhat limited
basis. The opposition party and its leaders frequently asserted that
the government infringed upon freedom of speech and did not provide
equal access for the media. Privately owned print media, including
daily and weekly newspapers, were active and offered a range of
opinion.
Freedom of Speech.--There was continued tension between the
government and ZDK Radio, which is owned by the family of Lester Bird,
the former prime minister and leader of the opposition ALP. The Senate
suspended one senator from three meetings for making negative comments
about the governor general on ZDK radio.
Freedom of the Press.--The ALP claimed that government-operated ABS
TV and Radio did not allow fair access to the opposition.
Libel Laws/National Security.--Politicians in both parties often
filed libel cases against members of the other party.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that government monitored e-mail or Internet
chat rooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
Freedom of Assembly.--In 2010 a court convicted the leader of the
opposition ALP, along with six other party members, of violating the
Public Order Act after speaking at a rally without a permit.
c. Freedom of Religion.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees (UNHCR), the International Organization for
Migration (IOM), and other humanitarian organizations in assisting
refugees and asylum seekers.
Protection of Refugees.--Access to Asylum.--The government has not
established a system for providing protection to refugees and did not
grant refugee status or asylum during the year. Before the presence of
the UNHCR and IOM, the government immediately deported foreigners who
could not provide legal documentation, but during the year it began
processing and housing them in a government-built center until their
refugee status is decided. Those who do not receive refugee status may
appeal, as they are provided an allotted amount of time before they are
deported to their country of origin.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Recent Elections.--In the
March 2009 elections the ruling UPP won nine of 19 seats in the House
of Representatives and 50 percent of the popular vote. Members of the
Organization of American States observer group reported that the
elections were generally free and fair. After the opposition ALP
challenged the results of election, the Court of Appeal upheld the
outcome, despite finding some technical problems in the election
process.
Participation of Women and Minorities.--There were two women in the
House of Representatives and five women appointed to the 17-seat
Senate. The governor general, the speaker of the House of
Representatives, and the president of the Senate, all appointed
positions, were women. There was one woman in the cabinet and one
member of a minority in parliament.
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. Both
political parties frequently accused the other of corruption, but
investigations yielded little or no results.
The Integrity in Public Life Act requires public officials to
disclose all income, assets (including those of spouses and children),
and personal gifts while in public office. The law established an
Integrity Commission, appointed by the governor general, to receive and
investigate complaints regarding noncompliance with or contravention of
any provisions of this law or the Prevention of Corruption Act. The
commission responded to isolated reports of corruption, administered
the act, and received the required disclosure reports.
The Freedom of Information Act gives citizens the statutory right
to access official documents from public authorities and agencies, and
it created a commissioner to oversee the process. In practice citizens
found it difficult to obtain documents, possibly due to government
funding constraints rather than obstruction.
Section 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.
Government Human Rights Bodies.--There is an ombudsman, an
independent authority appointed by the prime minister, to deal with
complaints regarding police and other government officials. However,
the office lacked the resources to provide effective oversight for the
entire government and did not produce regular reports.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex,
creed, language, or social status, and the government generally
respected these prohibitions in practice.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal and carries maximum sentences ranging from 10 years' to life
imprisonment. Anecdotal evidence suggested it was a pervasive problem,
with 12 rapes and 32 cases of acts defined as unlawful sexual
intercourse reported during the year. The Directorate of Gender
Affairs, part of the Ministry of Education, Gender, Sports and Youth
Affairs, publicized a crisis hotline for victims and witnesses to
sexual assault and managed a sexual assault center that coordinates
responses to sexual assault. Police immediately refer reported rapes to
the newly created Sexual Offenses Unit, and a female police officer
accompanies the victim for both questioning and medical examinations at
the sexual assault center. Once the doctor's report is completed, an
investigation commences. An arrested suspect is placed in a line-up and
must be identified by the victim, using a one-way mirror. Victims may,
however, choose to identify their attacker face to face, without using
a mirror, if they feel it necessary. Authorities prosecuted 10 cases of
unlawful sexual intercourse during the year. In situations where the
victim did not know her assailant, the cases rarely came to trial,
although the number of those coming forward increased since the
creation of the Sexual Offenses Unit.
Violence against women, including spousal abuse, continued to be a
serious problem. The law prohibits and provides penalties for domestic
violence, but some women were reluctant to testify against their
abusers due to fear of stigma, retribution, or further violence. The
government noted an increase in women coming forward in the years since
enactment of the Domestic Violence Act of 1999. The Directorate of
Gender Affairs operated a domestic violence program that provided
training for law enforcement officers, health-care professionals,
counselors, social workers, immigration officers and army officers. The
directorate also worked with a nongovernmental organization (NGO) to
provide safe havens for abused women and children. Services for victims
of domestic violence included counseling and an advocacy case worker
who accompanied the victim to the hospital and police station.
Sexual Harassment.--Sexual harassment is illegal, but it was rarely
prosecuted. According to the Labor Department, there was a high
incidence of sexual harassment incurred by employees in both the
private and public sectors. However, only four cases were reported
formally during the year; the small number was believed to result from
concerns about retaliation.
Reproductive Rights.--Reproductive rights of women were protected.
Couples and individuals had the right to decide freely and responsibly
the number, spacing, and timing of their children and had the
information to do so free from discrimination, coercion, and violence.
There was adequate access to contraception. Most pregnant women had at
least one antenatal care visit, and most women gave birth in hospitals.
A 2008 UNICEF report indicated that skilled attendance at birth was 100
percent and estimated the contraceptive prevalence rate at 53 percent.
Incidence of maternal mortality was not available. Women were equally
diagnosed and treated for sexually transmitted infections.
Discrimination.--Women in society enjoy the same rights as men
under the law. However, economic conditions in rural areas tended to
limit women to home and family, although some women worked as
domestics, in agriculture, or in the large tourism sector. Despite
these limitations, women were well represented in the private and
public sectors. There was no legislation requiring equal pay for equal
work, but women faced no restrictions involving ownership of property.
The Directorate of Gender Affairs is charged with promoting the rights
of women.
Children.--Birth Registration.--Citizenship is acquired by birth in
the country, and all children were registered at birth. Children born
to citizen parents abroad can be registered by either of their parents.
Child Abuse.--Child abuse remained a problem, and the number of
cases reported increased over 2010. Neglect was the most common form of
child abuse, followed by physical abuse, although the press reported
regularly on the rape and sexual abuse of children. Adult men having
regular sexual relations with young girls was also a problem. According
to one regional human rights group, the girls were often the daughters
of single mothers with whom the perpetrators also had regular sexual
relations. In extreme cases of abuse, the government will remove the
children from their home and put them in foster care or into a
government or private children's home.
The government held public outreach about detection and prevention
of child abuse and also completed training for foster parents regarding
detecting the signs of child abuse and how to work with children who
have been abused. The government's welfare office also provided
counseling services for both children and parents and often referred
parents to the National Parent Counseling Center.
Sexual Exploitation of Children.--Statutory rape is illegal; the
minimum age for consensual sex is 16. Despite a maximum penalty of 10
years to life, authorities brought charges against few offenders, and
those convicted did not serve long jail terms due to lack of witness
cooperation. Child pornography is illegal and subject to fines of up to
EC$250,000 ($92,500) and 10 years in prison.
International Child Abductions.--The government is not a party to
the 1980 Hague Convention on International Child Abduction. For
country-specific information on international parental child abduction,
see http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution contains
antidiscrimination provisions, but no specific laws prohibit
discrimination against, or mandate accessibility for, persons with
disabilities. There were few reports of discrimination against persons
with disabilities in employment, access to health care, or in the
provision of other state services. However, there were anecdotal cases
of children, because of disabilities, who were unable to take
themselves to the restroom and thus being denied entry to school.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
activity for both sexes is illegal under indecency statues, and some
male same-sex sexual acts are also illegal under anal intercourse laws.
Indecency statutes carry a maximum penalty of five years in prison, and
anal intercourse carries a maximum penalty of 15 years.
Societal attitudes LGBT persons somewhat impeded operation and free
association of LGBT organizations, but there were a few organized
groups. The attorney general told the press that ``there will be no
change in the law on buggery, at least not if I can help it. Being gay
is morally wrong, and to be honest personally, I am still homophobic.''
However, other government officials asserted that the country was
mostly tolerant of LGBT persons, noting the law was rarely used except
when some other crime was also committed. Societal attitudes remained
conflicted on the issue, and while there were several reports of
discrimination based on sexual orientation, anecdotal reports suggested
these were mostly verbal attacks.
Other Societal Violence or Discrimination.--Rastafarians complained
of discrimination, especially in hiring and in schools, but the
government took no specific action to address such complaints.
Some LGBT persons claimed that homophobia impaired the willingness
of HIV-positive persons to obtain treatment, and there were several
reported incidents of discrimination cited among HIV-positive persons,
specifically from health-care professionals and the police. Anecdotal
evidence also suggested that employers had laid off and discriminated
against employees with HIV/AIDS. There were, however, no reports of
violence directed toward persons with HIV/AIDS. The Ministry of Health
supported local NGO efforts to register human rights complaints and
seek assistance related to cases of discrimination against those with
HIV/AIDS. The Ministry of Health also trained a number of health-care
professionals and policemen in antidiscriminatory practices. The
Ministry of Labor encouraged employers to be more sensitive to
employees with HIV/AIDS, and the Ministry of Health conducted
sensitivity training for requesting employers.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows labor organizations to organize and bargain collectively
without interference. The labor code provides for the right to strike,
but places several restrictions on this right. The law prohibits
antiunion discrimination by employers but does not specifically require
reinstatement of workers illegally fired for union activity.
Workers who provide essential services (including bus, telephone,
port, petroleum, health, and safety workers) must give 21 days' notice
of intent to strike. The International Labor Organization considered
the list of essential services to be overly broad by international
standards. Once either party to a dispute requests court mediation,
strikes are prohibited under penalty of imprisonment. The Industrial
Relations Court may issue an injunction against a legal strike when the
national interest is threatened or affected. Labor law prohibits
retaliation against strikers.
The government effectively enforced all labor laws. There were no
reports of antiunion discrimination nor any violations related to
collective bargaining rights.
Unions were generally free to conduct their activities without
government interference. Because of the delays caused by mediation and
required notice periods, unions often resolved labor disputes before
calling a strike. In one case where workers conducted a ``sick-out''
against a firm being sold, the minister of labor stepped in to help
facilitate negotiations.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits all forms of forced or compulsory labor, and the government
effectively enforced the prohibition. Authorities charged one woman
with trafficking in persons, which included forced labor.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law stipulates a minimum working age of 16. In addition persons under
age 18 must have a medical clearance to work and may not work later
than 10 p.m. The Ministry of Labor, which is required by law to conduct
periodic inspections of workplaces, effectively enforced this law. The
Labor Commissioner's Office also had an inspectorate that investigated
child labor. The government enforced these laws effectively, and child
labor was not a problem.
d. Acceptable Conditions of Work.--The minimum wage was EC$7.50
($2.78) an hour for all categories of labor. In practice the great
majority of workers earned substantially more than the minimum wage.
The law provides that workers are not required to work more than a
48-hour, six-day workweek, but the standard workweek was 40 hours in
five days. Laws provide for overtime work in excess of the standard
workweek, requiring that employees be paid one and one half times the
employees' basic wage per hour. Excessive or compulsory overtime is not
specifically prohibited. There is a legal provision for paid annual
holidays, which requires that no employee shall be obliged to work on a
public holiday except in emergency situations. Employees receive their
regular pay on holidays, unless an employee is required to work, in
which case the employee would be paid an hourly rate of no less than
150 percent of the basic rate per hour worked.
The labor code includes provisions regarding occupational safety
and health, but the government had not developed precise occupational
health and safety laws or regulations apart from those regarding child
labor. The Ministry of Labor and the Industrial Court enforced labor
standards, and there were eight labor inspectors. Labor inspectors
conducted periodic health and safety checks, and at least one labor
officer was dedicated to occupational safety and health standards
enforcement. Standards were enforced in all sectors, including the
informal sector through the inspectorate unit via field officers. In
order to improve labor standards, the government revised the labor code
and also proposed implementation of new ``stand-alone'' health and
safety regulations.
While not specifically provided for by law, in practice workers
could leave a dangerous workplace situation without jeopardy to
continued employment. Those in construction, mechanics, and agriculture
were particularly vulnerable to hazardous working conditions.
__________
ARGENTINA
executive summary
Argentina is a federal constitutional republic. Cristina Fernandez
de Kirchner was reelected to the presidency in October 2011 in
multiparty elections that media and various nongovernmental
organizations (NGOs) described as generally free and fair. Security
forces reported to civilian authorities but occasionally acted
independently of civilian control.
The principal human rights problems included use of excessive force
by police, sometimes resulting in deaths; actions that risk impairing
freedom of the press; and continuing infringements on the rights of
indigenous people.
Other human rights problems included poor prison conditions,
including mistreatment of some prisoners; occasional arbitrary arrest
and detention; prolonged pretrial detention; continued concerns about
judicial efficiency and independence; official corruption; domestic
violence against women; child abuse; sex trafficking and forced labor,
primarily within the country; and child labor.
Judicial authorities prosecuted a number of officials who committed
abuses during the reporting period; however, some officials engaged in
corruption or other abuses with impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
there were reports of deaths as a result of police using unwarranted or
excessive force.
A November report by the NGO Coordinator Against Police Repression
claimed that security forces using excessive force killed 145 persons
between mid-November 2009 and mid-November 2010. The Center for Legal
and Social Studies (CELS) reported a 10-percent increase in deaths as a
result of police using unwarranted or excessive force in the city of
Buenos Aires and Buenos Aires Province from June 2009 to June 2010. In
one instance a federal police officer in Buenos Aires city shot and
killed Ariel Dominguez, whom the officer allegedly believed had just
committed a robbery. The officer claimed the gun had discharged when he
accidentally dropped it, but a Security Ministry official investigation
disproved this defense. A judicial investigation continued, and the
officer remained free at year's end.
On June 2, the First Criminal Court of Bariloche sentenced police
officer Sergio Colombil to 20 years' imprisonment for the June 2010
murder of Diego Bonefoi. An investigation into the killings of Nicolas
Carrasco and Sergio Cardenas, who were killed during a subsequent march
to protest Bonefoi's death, continued at year's end.
Local human rights organizations and media reported on a pattern of
excessive violence by police forces in land evictions carried out
during the year. In the northern province of Jujuy on July 28, four
people were shot and killed during a dispute between police and
protesters demanding property rights. Following the killings, the
provincial chief of police stepped down, and the provincial government
opened an investigation to determine whether police officers were
responsible for the deaths. The investigation continued at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
In October the Inter-American Court on Human Rights ordered the
government to ``initiate, direct, and conclude'' the case of Ivan
Torres, who disappeared in 2003 in the province of Chubut. According to
press reports, the state had previously acknowledged the involvement of
police officers and possible irregularities in the case.
Authorities continued to investigate and prosecute individuals
implicated in disappearances, killings, and torture committed during
the 1976-83 military dictatorship, a focus of the government's human
rights policy. New investigations into the ``systematic plan'' of the
military dictatorship, including the appropriation of children of
detainees and the killing of detainees on ``death flights,'' emerged
during the year. CELS estimated there were 270 ongoing judicial
investigations and 734 persons charged for crimes against humanity
committed during the military dictatorship. Of those charged, 398
remained in pretrial detention. According to the Supreme Court's Office
for Follow-up on Crimes Against Humanity, during the year the courts
convicted 67 perpetrators of human rights abuses committed during the
1976-83 period, and it continued trials that were suspended in 1989-90
when the government issued a blanket pardon. An additional 118 cases
were pending at year's end. High-profile cases included:
On May 18, former intelligence police agent Luis Antonio Falco was
sentenced to 18 years in prison for appropriating the son of two
detainees who had disappeared in 1977 after being held in a detention
center.
On June 2, a federal judge prosecuted five pilots for conducting a
``death flight'' in which the pilots allegedly killed several political
prisoners by throwing them in the sea. Among the alleged victims were
some of the founding members of the NGO Madres de la Plaza de Mayo. The
pilots remained in detention while the trials continued at year's end.
On October 26, a federal court sentenced to life in prison 12
former military and police officers who were found guilty of the
kidnapping, torture, and murder of 86 individuals.
Judicial authorities continued to investigate cases of kidnapping
and illegal adoption of children born to detained dissidents by members
of the former military dictatorship. The NGO Abuelas de Plaza de Mayo
reported that during the year three persons illegally adopted by former
military officials were identified and made aware of their backgrounds;
this increased the number of persons so identified to 105 of an
estimated 500 persons born to detained and missing dissidents during
the former military dictatorship.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture and other cruel, inhuman, or
degrading treatment or punishment and provides penalties for torture
similar to those for homicide. However, CELS, the Office of National
Public Prosecutor (NPPO), and the Buenos Aires Provincial Memory
Commission's Committee against Torture (an autonomous office
established by the provincial government) reported that some police and
prison guards continued to employ brutality and other acts that
inflicted severe pain and suffering, particularly during prison
transfers. While the government investigated such reports, there were
few convictions.
In May authorities prosecuted nine policemen for alleged torture
and abuse of authority in the case of three teenagers suspected of
theft. The teenagers testified that they had been shocked with an
electrical device and beaten severely after being detained in a police
station in Buenos Aires. The trial continued at year's end, while one
of the defendants accused of torture remained a fugitive.
According to a June report of the Buenos Aires Provincial Memory
Commission's Committee Against Torture, practices such as beatings, the
use of a cattle prod, cold-water showers, and forced isolation within
Buenos Aires prisons were common. The Memory Commission's Annual Report
has denounced these treatments during each of the past eight years.
Prison and Detention Center Conditions.--Prison conditions often
were poor. Inmates in many facilities suffered from extreme
overcrowding, poor nutrition, inadequate medical and psychological
treatment, inadequate sanitation, limited family visits, and frequent
degrading treatment, according to various reports by human rights
organizations and research centers. Prisoners receive potable water.
The number of prisoners in Buenos Aires provincial penitentiaries
exceeded facility capacity by an estimated 96 percent, according to a
2010 report by the provincial Council of Defenders.
Deaths were uncommon in federal prisons; eight prisoners died as a
result of violence during 2010, including five deaths by hanging,
according to the NPPO.
On July 26, the government of Mendoza Province agreed to pay $2.216
million to the families of 18 victims and nine wounded former prisoners
who suffered violent treatment in the province's Boulogne Mer Sur
prison between 2004 and 2007. The agreement between the Mendoza
government and the plaintiffs was monitored by the Inter-American
Commission of Human Rights (IACHR) and included a plan to establish a
local prison ombudsman and implement mechanisms to prevent torture.
However, NGOs and media reports alleged recurring poor prison
conditions in the province of Mendoza during the year. In February the
NGO Xumek presented a federal prosecutor several videos depicting
brutal treatment of prisoners in a federally administered prison in
Mendoza. The footage, which had been captured by a cell phone camera
during 2010, showed a group of prison guards beating and kicking a
handcuffed prisoner, according to press reports. Following a judicial
order, authorities detained five of the guards involved and dismissed
three prison supervisors. The national government's Secretariat of
Human Rights presented itself as a plaintiff in the case, and the
investigation continued at year's end.
Women were held separately from men, and the law permits children
to stay in prison with their mothers until the age of four. According
to the Federal Penitentiary Service, there were 789 women in federal
prisons as of December 2010, and 43 children under the age of four
lived with their mothers. Women constituted 9 percent of the overall
prison population, which included approximately 30,000 in the Buenos
Aires provincial prisons and approximately 10,000 in federal prisons.
CELS estimated that 74 percent of those in Buenos Aires provincial
prisons were in pretrial detention or awaiting sentencing, and many
were held with convicted prisoners. In general men's prisons were more
violent, dangerous, and crowded than women's prisons.
Overcrowding in juvenile facilities often resulted in minors' being
held in police station facilities, even though some NGOs and the
National Prison Ombudsman warned that such activity was against the
law. On August 4, Minister of Security Nilda Garre announced that
beginning in December minors would no longer be held in police station
facilities.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. However, some local NGOs noted that access to a
public defender was sometimes limited and that prisoners occasionally
did not submit complaints to authorities for fear of reprisal.
At year's end the government had not implemented a comprehensive
mechanism to investigate and monitor prison and detention-center
conditions. The NPPO, which serves as an ombudsman on behalf of
prisoners and detainees, was established as an autonomous governmental
institution in 2004. However, local human rights observers reported
that the NPPO did not have jurisdiction in all detention facilities and
lacked necessary authority to carry out its functions.
The government permitted independent prison visits by local and
international human rights observers, and such visits took place during
the year.
On August 30, the national government passed a law establishing the
``right to a public education'' for prisoners throughout the country.
The law requires prison administration authorities to provide access to
all levels of education and the same teaching methods used in public
schools to all prisoners, regardless of the status of their cases.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions; however, police reportedly arrested and detained citizens
arbitrarily on occasion.
Role of the Police and Security Apparatus.--The federal police have
jurisdiction for maintaining law and order in the federal capital and
for federal crimes in the provinces. Other federal police authorities
include the airport security police, the gendarmerie, the Coast Guard,
and the bureau of prisons. All federal police forces fall under the
authority of the Security Ministry, which was established in December
2010; they were previously under the jurisdiction of the Justice and
Human Rights Ministry. Additionally, each province and the city of
Buenos Aires has its own police force that responds to a provincial (or
city) security ministry or secretariat. Individual forces varied
considerably in their effectiveness and respect for human rights.
The federal security forces have the authority to conduct internal
investigations into alleged abuses and to fire individuals who have
allegedly committed a human rights violation. The federal government
can also file complaints with the federal courts; provincial
governments may do the same for provincial security forces. Members of
security forces convicted of a crime were subject to stiff penalties.
Generally, officers accused of wrongdoing were administratively
suspended until completion of an investigation. Authorities
investigated and, in some cases, detained, prosecuted, and convicted
the officers involved.
According to a June report by the Buenos Aires Provincial Memory
Commission, police oppression of youth from vulnerable social sectors
increased during the year. The report alleged detention without a
judicial order, fabrication of evidence in legal cases, and recruitment
of youth to commit crimes. The commission proposed institutional
reforms aimed at addressing these issues, including the creation of a
judicial police force that would report to the Supreme Court and
replace provincial police in criminal cases.
Arrest Procedures and Treatment While in Detention.--Individuals
generally were apprehended openly with warrants based on sufficient
evidence and issued by a duly authorized official; police may detain
suspects for up to 10 hours without an arrest warrant if the
authorities have a well-founded belief that the suspects have
committed, or are about to commit, a crime or are unable to determine
the suspected person's identity. Human rights groups reported that the
police occasionally arrested persons arbitrarily and detained suspects
longer than 10 hours.
The law provides a person in detention with the right to a prompt
determination of the legality of the detention, which entails
appearance before a lower criminal court judge, who determines whether
to proceed with an investigation. There were some delays in this
process and in informing detainees of the charges against them.
During the year the province of Buenos Aires ordered the closure of
nearly 150 detention cells in police stations and established a maximum
detention period of 48 hours in 67 of the province's police stations.
The law provides for the right to bail, except in cases involving
narcotics, violent crimes, and firearms violations.
Detainees were allowed prompt access to counsel, and public
defenders were provided for detainees unable to afford counsel,
although such access sometimes was delayed due to an overburdened
system.
Pretrial Detention.--The law provides for investigative detention
of up to two years for indicted persons awaiting or undergoing trial;
the period may be extended for one year in limited situations. The slow
pace of the justice system often resulted in lengthy detentions beyond
the period stipulated by law. CELS reported that prisoners waited an
average of three years to be tried, with some cases taking as long as
six years. A convicted prisoner usually received credit for time
already served.
CELS indicated that nearly 74 percent of detainees in Buenos Aires
Province were either in pretrial detention, awaiting sentencing, or
awaiting the appeals process. According to several human rights
organizations, 30 percent of pretrial detainees were eventually
acquitted.
e. Denial of Fair Public Trial.--The law provides for the right to
a fair trial, and the independent judiciary generally enforced this
right. However, judicial scholars continued to report inefficiencies
and delays in the judicial system. According to some local NGOs, judges
in federal criminal and electoral courts were sometimes subject to
political manipulation.
The judicial system was hampered by delays, procedural logjams,
changes of judges, inadequate administrative support, and general
inefficiency. Judges have broad discretion as to whether and how to
pursue investigations, contributing to a public perception that many
decisions were arbitrary.
Trial Procedures.--Trials are public; defendants enjoy a
presumption of innocence and have the right to appeal, have legal
counsel, and call defense witnesses in federal courts and some
provincial courts that have an accusatory system of criminal justice.
If needed, a public defender is provided at public expense when
defendants face serious criminal charges. During the investigative
stage, defendants can submit questions in writing to the investigating
judge. A panel of judges decides guilt or innocence. Although
defendants and their attorneys have access to government-held evidence,
according to local NGOs, in practice they sometimes experienced
obstacles or delays in obtaining such evidence. Lengthy delays in
trials occurred nationwide, with many cases taking five or more years
to resolve.
Federal and provincial courts continued the transition to trials
with oral arguments in criminal cases, replacing the old system of
written submissions. Although the 1994 constitution provides for trial
by jury, implementing legislation had not been passed by year's end. In
Cordoba Province, however, defendants accused of certain serious crimes
have the right to a trial by jury.
An unofficially organized juvenile justice system operated in eight
of 18 districts in Buenos Aires City. It provides minors between the
ages of 16 and 18 with the same procedural rights as adults and limits
sentences to 180 days in prison.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Citizens have access to the
courts to bring lawsuits seeking damages or the protection of rights
provided by the constitution.
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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and of the
press; with exceptions, the government generally respected these rights
in practice. The independent newspapers, radio and television outlets,
and Internet sites were numerous and active, expressing a wide variety
of views. Private media outlets were independent from the national and
provincial governments.
Freedom of the Press.--The Inter American Press Association (IAPA),
Argentina's Association of Media Companies, and other organizations
expressed concern about the government's conflictive relationship with
and indirect censorship of certain media outlets. On October 18, the
IAPA General Assembly called on the government to ``end the escalation
of aggression against media critical [of the government].cease
pressuring the judiciary [on media-related cases].and administrative
harassment of [the sole domestic newsprint manufacturer] Papel Prensa."
On December 28, the president signed into law legislation
regulating the ``production, commercialization, and distribution'' of
newsprint paper, establishing a uniform price for all paper and
introducing new production requirements for Papel Prensa. While
advocates of the law said it ``democratizes'' access to newsprint, the
IAPA described it a violation of the constitution and international
treaty obligations, and voiced concerns the law would allow the
government to increase its share of Papel Prensa and control paper
supply.
Violence and Harassment.--On March 28, demonstrators blocked the
entrance of the printing plants of Clarin and La Nacion, two of the
country's most widely read newspaper dailies, in violation of a 2010
civil court ruling. IAPA described the incident as an ``attack against
freedom of the press'' and regretted the ``inaction of the police in
violation of court rulings ordering the national government to
guarantee the circulation of communication media."
On July 8, the Board of the Central Food Market, an organization
comanaged by the city and the province of Buenos Aires and the federal
government, ordered its employees to wear caps reading ``Clarin lies,''
in response to an article published in that newspaper. On July 11, a
poster with the same message was put out in front of the market. On
July 13, the authorities of the market closed down the two news vendor
shops in the market on the grounds that ``they failed to abide by the
market's rules.'' On July 28, a federal court ordered the authorities
to allow the sale of newspapers in the market.
Censorship or Content Restrictions.--During the year the national,
provincial, and municipal governments did not publish complete
information on the amount and destination of public funds for
advertising. IAPA and other press associations warned about the
government's ``discriminatory use of official advertising to reward and
punish news media'' and ``the creation of publicly and privately owned
networks of media and journalists'' to support the government. Local
NGOs expressed concern about delays in the publication of official
advertising allocations and a lack of systematic and transparent
procedures for their publication.
On March 2, the Supreme Court ordered the Executive Branch to ``set
a balanced distribution of public advertising among similar media
outlets,'' as a result of a lawsuit filed by publisher Perfil, in which
it accused the government of discrimination because of its coverage.
The court determined that the national government had ``arbitrarily and
discriminatorily'' refused to advertise in the media outlets of Perfil
Group and ordered the executive to purchase advertising space in those
publications, ``respecting a reasonable balance'' among similar
publishers. On May 11, IAPA also denounced the government's
``noncompliance with the court order to restore official advertising to
Editorial Perfil.'' On October 4, Perfil Group filed a request with a
federal court to order the executive branch to comply with the Supreme
Court ruling and impose fines on government officials who were
allegedly responsible for not allocating public advertising to Perfil.
The executive branch had not officially responded to the order at
year's end.
On September 15, a federal court for economic affairs ordered
newspapers Clarin, La Nacion, Ambito Financiero, El Cronista Comercial,
Buenos Aires Economico, and Pagina 12 to provide the contact
information, including personal addresses, of each journalist who had
reported on the country's inflation statistics since 2006. The official
inflation statistics had been criticized in some newspapers as
inaccurate. The court had previously requested information regarding
advertisements for private economic consultants in the newspapers as
part of a case filed by the domestic trade secretary accusing those
consultancies of publishing erroneous information about the national
government's price measurements.
Actions to Expand Press Freedom.--The government sought to limit
what it considered to be monopolistic practices in the media industry
through article 161 of the 2009 media law, which reduces the number of
broadcast licenses an individual or company can hold from 24 to 10 and
bars cable providers from owning open-air television channels. Article
161 remained suspended during the year, awaiting a Supreme Court ruling
on an injunction presented by Clarin Group in 2010. The implementation
of the law would force Clarin Group to sell many of its 200 outlets in
the country.
On June 21, President Cristina Fernandez de Kirchner announced
plans to expand the Terrestrial Digital Television System and launched
the bidding process to grant 220 broadcasting licenses to 110 private
companies and 110 NGOs, asserting that the initiative would ``improve
the openness and plurality'' of broadcasting.
Internet Freedom.--There were no generalized restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail and social
networks.
In two separate rulings emitted on August 4, the Federal Criminal
Court ordered the closure of LeakyMails, a Web site that published
alleged private e-mails of government officials, businessmen, and
journalists, on the grounds that it had ``violated the right to
privacy, published noncommercial correspondence and revealed political
and military secrets.'' To implement the ruling, the government
requested Internet service providers block an IP address identified as
the LeakyMails Web site, a move that reportedly affected thousands of
Internet users.
On March 1, a Federal Appeals Court for Commercial and Civil
Affairs confirmed a lower court's suspension of Planning Ministry
resolution 100/2010, which barred Clarin Group's Internet service
provider Fibertel from providing its service to new customers.
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.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of refugee status, and the government has established a
system for providing protection to refugees.
During the first eight months of the year, the National Committee
for Refugees granted refugee status to 17 of 24 persons who sought
asylum.
Temporary Protection.--The government also provided temporary
protection for humanitarian reasons to approximately 94 persons during
the first eight months of the year.
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.--Recent Elections.--On
October 23, voters reelected President Cristina Fernandez de Kirchner
of the Front for Victory Party in polling described by media and
various NGOs as free and fair. In concurrent legislative elections,
voters elected one-half of the members of the Chamber of Deputies
representing all 24 provinces and one-third of those in the Senate
representing eight provinces. Local observers considered these
elections generally free and fair.
Participation of Women and Minorities.--Decrees provide that one-
third of the candidates on election slates for both houses of congress
must be women. There were 28 women in the 72-seat Senate and 98 women
in the 257-seat Chamber of Deputies. The president, two of the seven
Supreme Court justices, and three cabinet ministers were women.
There were no known ethnic or racial minorities in the national
legislature. There were no known indigenous, ethnic, or racial
minorities in the cabinet or on the Supreme Court.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, there were press reports alleging that executive, legislative,
and judicial officials engaged in corrupt practices with impunity,
suggesting a failure to implement the law effectively.
Weak institutions and an often ineffective and politicized judicial
system undermined systematic attempts to curb corruption.
Cases of corruption were reported in some security forces. The most
frequent abuses included extortion of, and protection for, those
involved in drug trafficking and prostitution. Internal controls to
counter police abuses were weak, but improved during the year. Security
Minister Nilda Garre, who assumed control of the newly created Ministry
of Security in December 2010, took steps to combat corruption in the
security forces, notably within the Federal Police Force (PFA). During
the year she dismissed several PFA officers accused of corruption. In
one instance, two PFA officers were sentenced to three years in jail
for soliciting a bribe from a detained suspect in exchange for
releasing him and dropping the case.
Allegations of corruption in provincial courts, as well as in
federal courts located in the provinces, were more frequent than in
federal courts with jurisdiction over the city and province of Buenos
Aires, which reflected strong connections between the executive and
judicial branches at the provincial level.
On June 3, a federal judge began an investigation of alleged fraud
and misuse of public funds involving Sergio Schoklender, the financial
manager of the NGO Madres de la Plaza de Mayo. The NGO had received
approximately 765 million pesos($186 million) since 2008 through a
government contract to build low-income housing throughout the country.
Among other allegations, Schoklender was accused of using a
construction company to embezzle the public funds and, in a parallel
case, national authorities were investigated to determine if they were
complicit in the misuse of the funds. During the investigation,
Schoklender also alleged government corruption in the allocation of
funding for public works, claiming that the monies were sometimes used
to pay for political campaigns and that projects were often awarded
based on bribes. Schoklender remained free and the investigations
continued at year's end.
An investigation of an alleged illegal campaign financing scheme
continued during the year. On February 8, Judge Norberto Oyarbide
indicted Hector Capaccioli, President Fernandez de Kirchner's 2007
chief fundraiser and former supervisor of health services, for his
involvement in the scheme. The trial remained pending at year's end.
The investigation of former transportation secretary Ricardo Jaime
continued during the year, and a federal criminal court confirmed it
would prosecute Jaime for allegedly receiving illegal gifts and favors
during his tenure. The case remained pending at year's end.
On September 14, a federal court acquitted former president Carlos
Menem and 17 other officials accused of facilitating 6,000 tons of
illegal weapons sales to Ecuador and Croatia in the 1990s. The
controversial verdict was the culmination of a 16-year investigation
and ruled that the arms sales did not constitute contraband on the
grounds that the sales were transparent and executed through decrees
legal under the constitution.
Public officials are subject to financial disclosure laws, and the
Ministry of Justice's Anti-Corruption Office (ACO) is responsible for
analyzing and investigating federal executive branch officials based on
their financial disclosure forms. The ACO is also responsible for
investigating corruption within the federal executive branch or in
matters involving federal funds, except for funds transferred to the
provinces. As part of the executive branch, the ACO does not have
authority to prosecute cases independently, but it can refer cases to
other agencies or serve as the plaintiff and request a judge to
initiate a case.
While the country does not have a law that provides for public
access to government information, a presidential decree guarantees
access to public documents and information that fall within the
jurisdiction of the executive. According to local NGOs, freedom of
information requests were sometimes rejected arbitrarily.
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
usually were cooperative and generally responsive to their views.
During the year the government met with representatives of numerous
international and nongovernmental human rights groups, including
representatives from Human Rights Watch, the U.N. Human Rights
Committee, the International Labor Organization (ILO), and the IACHR to
discuss human rights. The government was responsive to these
organizations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the government generally enforced these
prohibitions in practice.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is a crime, but evidentiary requirements, either in the form of clear
physical injury or the testimony of a witness, often presented
difficulties in prosecuting such crimes. The penalties for rape ranged
from six months' up to 20 years' imprisonment. There were no reports of
police or judicial reluctance to act on rape cases; however, women's
rights advocates claimed that police, hospital, and court attitudes
toward sexual violence survivors sometimes revictimized the individual.
The Rape Victims' Association reported more than 2,900 rape cases
in Buenos Aires City and Buenos Aires Province during the year. The NGO
estimated that 80 percent of those cases involved victims under the age
of 18. The NGO noted that these figures did not include rapes reported
directly to the municipal, provincial, and national governments. Many
rapes go unreported due to fear of further violence, retribution, and
social stigma.
The law prohibits domestic violence, including spousal abuse,
although it defines violence against women as a misdemeanor, and
complaints are addressed in civil rather than criminal courts. Family
court judges have the right to bar a perpetrator from a victim's home
or workplace. The law, however, prescribes penalties for domestic
violence only when it involves crimes against sexual integrity, in
which case the penalty can be as much as 20 years' imprisonment.
According to local NGOs, lack of police and judicial vigilance often
led to a lack of protection for victims.
Domestic violence against women was a problem. In 2009 Amnesty
International reported that a woman died every three days as a result
of domestic violence. The civil society organization La Casa del
Encuentro reported that 282 women died during the year as a result of
domestic or gender-based violence, an increase of 8 percent from 2010
figures. Approximately one third of these cases occurred in Buenos
Aires Province. Of these killings, 56 percent involved a husband,
boyfriend, or ex-boyfriend; in at least 31 cases, the woman had filed a
complaint against the aggressor for domestic violence.
The Supreme Court's Office of Domestic Violence provided around-
the-clock protection and resources to victims of domestic violence. The
office received approximately 600 cases of domestic violence each
month, an estimated 60 percent of which involved violence against
women. Approximately 54 percent of cases involved situations in which
the victim's life was at risk. The office also carried out risk
assessments necessary to obtain a restraining order.
The Ministry of Justice continued to operate mobile units to assist
victims of sexual and domestic violence in the city of Buenos Aires. A
free hotline servicing the city and the province of Buenos Aires
offered consultations and received complaints.
Public and private institutions offered prevention programs and
provided support and treatment for abused women. The Buenos Aires
municipal government operated a small shelter for battered women;
however, few other shelters existed.
Sexual Harassment.--Sexual harassment in the public sector is
prohibited under laws that impose disciplinary or corrective measures.
In some jurisdictions, such as Buenos Aires City, sexual harassment may
lead to the abuser's dismissal, whereas in others, such as Santa Fe
Province, the maximum penalty is five days in prison.
Reproductive Rights.--Couples and individuals generally had the
right to decide freely the number, spacing, and timing of children, and
had the information and means to do so free from discrimination,
coercion, and violence. Access to information on contraception, and
skilled attendance at delivery and in postpartum care were widely
available. The law requires the government to provide free
contraceptives; however, Human Rights Watch reported in April that
birth control materials often were unavailable due to the government's
``failure to purchase and distribute'' them in practice. Women and men
had equal access to diagnostic services and treatment for sexually
transmitted infections.
Discrimination.--Although women enjoyed equal rights under the law,
including property rights, they continued to face economic
discrimination and held a disproportionately high number of lower-
paying jobs. Women also held significantly fewer executive positions in
the private sector than men, according to several studies. Studies
estimated that women earned approximately 40 percent less than men for
similar or equal work, and only 58 percent participated in the labor
force, compared with 82 percent of men.
The Supreme Court's Office of Women trains judges, secretaries, and
clerks to deal with court cases related to women; it also seeks to
ensure equal access for women to positions in the court system.
Children.--Birth Registration.--The country provided universal
birth registration, and citizenship was derived both by birth within
the country's territory and from one's parents. Parents have 40 days
within which to register births, and the state has an additional 20
days to do so. The Ministry of Interior may issue birth certificates to
children under age 12 whose births have not been previously registered.
Child Abuse.--Child abuse was not uncommon; for example, the Office
of Domestic Violence reported that between 30 and 35 percent of the
cases it received per month involved children.
Sexual Exploitation of Children.--According to media sources,
approximately 5,000 children are recruited every year for pornography
and sex tourism. The minimum age of consensual sex is 18. There is a
statutory rape law with penalties ranging from three to 15 years in
prison, depending on the age of the victim. Additionally, regardless of
age, if a judge finds evidence of deception, violence, threats, abuse
of authority, or any other form of intimidation or coercion, the
minimum sentence increases to 10 years.
Several cases of child sexual abuse were reported during the year.
For example, in October the Oral Court of Tigre sentenced a priest to
nine years' imprisonment for sexually abusing four children between the
ages of 11 and 14 years.
The law prohibits the production and distribution of child
pornography with penalties ranging from six months to four years in
prison. While the law does not prohibit the possession of child
pornography by individuals for personal use, it provides penalties
ranging from four months to two years in prison for possession with the
intent to distribute child pornography. Additionally, the law provides
penalties ranging from one month's to three years' imprisonment for
facilitating access to pornographic shows or materials to minors under
the age of 14.
During the year prosecutors and police pursued cases of Internet
child pornography. In May federal police conducted several raids in
Buenos Aires as part of an international investigation and arrested 16
persons accused of trafficking media in an international child
pornography ring. Police confiscated electronic devices carrying more
than 10,000 photos of children, primarily ages two to 10, but released
the offenders following an interrogation by a national judge. An
investigation into whether the offenders distributed child pornograph
continued at year's end.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information see the
Department of State's report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
Anti-Semitism.--The Jewish community consisted of approximately
250,000 members. Sporadic acts of anti-Semitic discrimination and
vandalism continued. The Delegation of Argentine Jewish Associations
(DAIA) received 274 complaints of anti-Semitism during 2010,
representing a decrease of 80 percent from 2009. A poll conducted by
the Anti-Defamation League and the DAIA found ``ingrained, pervasive''
anti-Semitic attitudes. Most poll respondents indicated they believed
Jews had too much power in the business world and were more loyal to
Israel than to Argentina.
The most commonly reported anti-Semitic incidents were graffiti,
verbal slurs, and the desecration of Jewish cemeteries. On two
occasions Jewish leaders were assaulted verbally and physically outside
of religious institutions. Both of the attacks took place during or
around Jewish holidays. In a separate isolated incident, authorities
dismissed a Buenos Aires metropolitan police officer after they
discovered the officer's membership in an anti-Semitic youth
organization. Most complaints were filed in Buenos Aires City, and the
DAIA claimed that cases in the provinces were likely underreported.
In June DAIA authorities filed a formal complaint with the Anti-
Semitism Division of the PFA against union leader Luis D'Elia for
making anti-Semitic statements. In a radio interview, D'Elia commented
on a court case involving Sergio Schoklender and the Madres of the
Plaza de Mayo, calling Schoklender and others under investigation
``countrymen.'' The DAIA alleged that D'Elia's statements were an
attempt to ``discredit'' Schoklender based on his Jewish background. A
public prosecutor indicted D'Elia for allegedly violating the Anti-
Discrimination Law, and the case remained open at year's end.
In May the DAIA won an injunction against Google requiring that its
search engine stop displaying links to anti-Semitic Web sites. The
judge ordered Google to remove the links to such sites and halt all
advertising of them.
The investigation into the 1994 bombing of the Argentina Israelite
Mutual Association (AMIA) community center in Buenos Aires that killed
85 persons continued. With Interpol assistance, the federal prosecutor
investigating the case continued to seek the arrest of eight Iranians
for their alleged involvement in the bombing. In July the Iranian
Foreign Ministry notified the government of its interest in
``cooperating'' in the investigation. In September President Fernandez
de Kirchner stated the government ``could not and should not'' reject
Iran's offer of a dialogue, but the government of Iran did not respond
publicly to the president's statement by year's end.
An investigation into an alleged ``cover-up'' in the AMIA case
involving former president Carlos Menem and former federal judge Juan
Jose Galeano continued at year's end.
The government continued to support public dialogue to highlight
past discrimination and to encourage religious tolerance, including the
celebration of Freedom of Religion Day.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution and laws prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, or the provision of other state services. A specific law also
mandates access to buildings for persons with disabilities. While the
federal government has protective laws, many states have not adopted
the laws and have no mechanisms to ensure enforcement. An employment
quota law reserves 4 percent of federal government jobs for persons
with disabilities, but NGOs and special interest groups claimed the
quota often was not respected in practice.
According to the Ministry of Labor's Office for Disabled Persons,
more than 12,000 persons with disabilities had obtained jobs through
Ministry of Labor programs in the city of Buenos Aires as of May 27.
The programs included various benefits for disabled workers, such as
free job training programs.
A pattern of inadequate facilities and poor conditions continued in
some mental institutions. For example, the Jose T. Borda Hospital
Psychiatric Hospital in Buenos Aires remained in poor condition and
failed to provide basic necessities to patients, according to local
human rights organizations and press reports. In July the Ombudsman's
Office reported that the hospital lacked gas supplies, heating, and
warm water for three months during the winter.
The National Advisory Committee for the Integration of People with
Disabilities, under the National Council for Coordination of Social
Policies, has formal responsibility for actions to accommodate persons
with disabilities.
The government's actions to improve respect for the rights of
persons with disabilities included a program that Buenos Aires Province
started in September establishing economic incentives for
municipalities that hire persons with disabilities to serve as civil
servants. The program stipulated that municipalities participating in
the program would receive a subsidy payment from the provincial
Ministry of Labor.
Indigenous People.--The constitution recognizes the ethnic and
cultural identities of indigenous people and states that the congress
shall protect their right to bilingual education, recognize their
communities and the communal ownership of their ancestral lands, and
allow for their participation in the management of their natural
resources. In practice indigenous people did not fully participate in
the management of their lands or natural resources, in part because
responsibility for implementing the law is delegated to the 23
provinces, only 11 of which have constitutions recognizing indigenous
rights.
Although there is no formal process to recognize indigenous tribes
or determine who is an indigenous person, indigenous communities can
register with the provincial or federal government as civic
associations.
Estimates of the indigenous population ranged from 700,000 to 1.5
million. Poverty rates were higher than average in areas with large
indigenous populations. Indigenous people had greater than average
rates of illiteracy, chronic disease, and unemployment. Indigenous
women faced further discrimination based on gender and reduced economic
status. The lack of trained teachers hampered government efforts to
offer bilingual education opportunities to indigenous people.
For example indigenous peoples in the provinces of Neuquen and
Formosa continued to lack adequate participation in decisions affecting
their ancestral lands; in some cases these decisions endangered the
health and welfare of indigenous communities. In April the IACHR
ordered the national government to ``guarantee life and personal
integrity'' to both the Paichil Antrio people of Neuquen and the Toba
people of Formosa, who had denounced being harassed and dispossessed
from their lands by their provincial governments for several years. On
June 16, the Human Rights Ombudsman's Office issued a report on the
indigenous rights situation in Formosa, stating that many indigenous
communities lacked ``basic rights,'' such as access to clean water and
health services. In July the NGO Observatory of the Human Rights of
Indigenous Peoples reported that at least 250 indigenous people from
Neuquen were being prosecuted by the courts for defending their
ancestral lands.
Following a violent conflict in Formosa in November 2010, the
indigenous Toba group called on the national government to mediate a
solution between the group and provincial authorities. On December 30,
2010, national authorities signed an agreement with the Toba in which
they pledged to oversee the return of ancestral land, provide official
identification documents to the members of the community, and ensure
minimum sanitary and security conditions. In the months following the
agreement, the Toba group and human rights observers alleged that the
provincial government failed to comply with the terms set forth.
Community members, meanwhile, carried out a hunger strike in downtown
Buenos Aires in protest. In May the Minister of Interior met with the
group's leaders and promised to carry out land surveys, ending the
hunger strike and reportedly quelling some of the concerns of human
rights groups and community leaders. Although discussions continued,
there was no known progress on the land surveys.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Lesbian, gay, bisexual, and
transgender organizations operated freely. They worked closely with
academic institutions, NGOs, and government authorities without
interference.
There was no official discrimination based on sexual orientation in
employment, housing, statelessness, or access to education or health
care. Overt societal discrimination generally was uncommon.
Three provinces still have laws that either criminalize transgender
behavior or single out same-sex sexual activity when referring to
prostitution; however, the National Institute Against Discrimination,
Xenophobia, and Racism reported that these laws were rarely enforced.
Other Societal Violence or Discrimination.--There were no known
reports of societal violence against persons with HIV/AIDs, but there
were occasional reports of discrimination against persons with the
disease. For example, a study by the Huesped Foundation reported that
94 percent of persons living with HIV or AIDS had suffered at least one
instance of discrimination or stigmatization.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
With some restrictions, the law provides all workers the right to form
and join ``free and democratic labor unions, recognized by inscription
in a special register,'' and protects the rights to conduct legal
strikes and to bargain collectively. Military and law enforcement
personnel are prohibited from forming and joining unions. The law
prohibits antiunion discrimination, and provides broad protection to
workers against dismissal, suspension, and changes in labor conditions.
The law provides for reinstatement for workers fired for union
activity.
The law allows unions to register without prior authorization, and
registered trade union organizations may engage in certain activities
to represent their members, including petitioning the government and
employers, and adopting direct action measures. However, the law grants
official trade union status to only one union deemed the ``most
representative'' per industrial sector within a specific geographical
region. Only unions with such official recognition receive trade union
immunity for their officials, are permitted to directly deduct union
dues, and may bargain collectively. In February the ILO raised concerns
with the government with respect to these provisions of the law.
The Argentine Workers Central (CTA) and other labor groups not
affiliated with the General Confederation of Labor continued to contend
that the legal recognition of only one union per sector conflicted with
international standards and prevented these unions from obtaining full
legal standing. Despite a 2009 Supreme Court ruling in favor of the CTA
and other unions seeking formal legal recognition, which would
necessitate changes to current legislation and practice, the congress
had not modified labor legislation, and the executive branch had not
granted such recognition to the CTA at year's end. In February the ILO
reiterated the need to amend current legislation and to provide the CTA
with state recognition.
Civil servants and workers in essential services may strike only
after a compulsory 15-day conciliation process, and they are subject to
the condition that undefined ``minimum services'' be rendered. Once the
conciliation term expires, civil servants and workers in essential
services must give five days' notice to the administrative authority
and the public agency that they intend to strike. If ``minimum
services'' have not previously been defined in a collective bargaining
agreement, all parties then negotiate which minimum services will
continue to be provided and a schedule for their provision. The public
agency, in turn, must provide two days' notice to users about the
intended strike.
The law provides trade unions with official status the right to
negotiate collective bargaining agreements, including recourse to
conciliation and arbitration. The most representative union bargains on
behalf of all workers and collective agreements cover both union
members and nonmembers in the sector. The law requires the Ministry of
Labor, Employment, and Social Security to ratify collective bargaining
agreements.
The government effectively enforced these laws in practice. Workers
exercised freedom of association and the right to strike. Worker
organizations were independent of government and political parties.
Unions without official trade union status recognition by the
government (that is, those that were not the ``most representative'')
in their sector have made membership gains within the workplace.
There were no known cases of significant delays or appeals in the
collective bargaining process. During the year rural workers negotiated
with agricultural business leaders a sector-wide salary increase of 35
percent; however, the government refused to approve the collective
agreement, provoking complaints from the rural workers union and
threats to blockade roads. At year's end the rural workers union filed
a complaint requesting judicial mediation to resolve the conflict.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, and the government generally
enforced such laws. However, there were some reports that forced labor
occurred in practice.
There were reported cases of labor exploitation, including forced
labor, of Argentine citizens as well as migrant workers from Bolivia,
Paraguay, and Peru in sweatshops, fruit and vegetable stores,
groceries, agriculture, domestic service, and street sale.
International organizations reported a continuous rise of unaccompanied
children and teenagers who are victims of labor exploitation.
The Office of Rescue and Victims' Assistance under the Ministry of
Justice and Human Rights reported rescuing 638 victims of forced labor
during the year. In early September a federal court in Buenos Aires
province rendered the first labor trafficking conviction since the
passage of the 2008 law. A Bolivian citizen and owner of a sweatshop
who had recruited three Bolivian women under false promises was
sentenced to four years in prison.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment is 16 years old. In rare cases, the
respective labor authority may authorize a younger child to work as
part of a family unit. Children between the ages of 16 and 18 years may
work in a limited number of job categories and for limited hours if
they have completed compulsory schooling, which normally ends at age
18. Children under 18 cannot be hired to perform perilous, arduous, or
unhealthy jobs. In December this prohibition expanded to include rural
workers as well, and the congress passed a law to amend rural working
conditions. The law requires employers to provide adequate care for
workers' children during work hours to discourage child labor.
Provincial governments and the city government of Buenos Aires are
responsible for labor law enforcement. Legal penalties for employing
underage workers ranged from 1,000 to 5,000 pesos ($240 to $1,200) for
each child employed. Subsequent violations allow the labor authority to
close the company for up to 10 days, and the company is then prevented
from becoming a vendor to the government for a year. According to the
Ministry of Labor, there were more than 96,000 labor inspections during
the year. However, no information is available regarding the results of
such inspections.
The National Commission for the Eradication of Child Labor
(CONAETI) continued to conduct seminars with the 22 provincial
commissions for the eradication of child labor to train provincial
authorities responsible for enforcing labor laws and raising awareness
regarding exploitive child labor. It also continued providing technical
assistance to NGOs addressing child labor in the tobacco and trash-
picking sectors. CONAETI also trained members of the Network of
Businesses against Child Labor and encouraged expansion of the
network's ``Harvest Gardens'' program, which provided several daycare
centers for children in tobacco-producing zones. In August the first
``Harvest Garden'' outside the tobacco sector opened in a strawberry-
growing area.
The government continued its Heads of Household initiative, a cash
transfer and employment training program, to workers in the informal
economy. The government incorporated 247 adults into the Heads of
Household program during the year. Also, as part of the implementation
of the National Plan for the Prevention and Eradication of Child Labor,
CONAETI continued awareness-raising activities such as a national
campaign against forced child labor; identified and strengthened direct
action programs to prevent and combat child labor; and conducted
trainings for health professionals on child labor.
The government continued implementing the Universal Child Allowance
program, a cash subsidy granted to families with up to five children
under 18 years of age when either parent is unemployed, is an
unregistered worker earning less than the minimum wage, or is a ``self
employed'' worker that pays a small-business tax. The program is aimed
at improving child nutrition, increasing school attendance, and
reducing child labor, as families are required to prove children
attended school and received vaccinations in order to collect the
monthly allowance. According to UNICEF, 3.6 million people benefit from
the allowance.
Child labor persisted in practice. A 2004 government survey
revealed that an estimated 450,000 children were working, or 7 percent
of children between the ages of five and 13 years and 20 percent of
children over the age of 14. In rural areas children worked in family
and third-party farms producing such goods as blueberries, cotton,
garlic, grapes, olives, strawberries, tobacco, tomatoes, and yerba
mate. Children working in the agriculture sector often handled
pesticides without proper protection. In urban areas some children
engaged in domestic service and worked on the street selling goods,
shining shoes, and recycling trash. According to government sources,
some children worked in the manufacturing sector producing such goods
as bricks, matches, fireworks, and garments. Children were also found
working in the mining, fishing, and construction sectors.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The government increased the
monthly minimum wage for most workers in September to 2,300 pesos
($550). This exceeded the amount of 1,386 pesos ($324) a month that the
National Census and Statistics Institute estimated was needed by a
family of four to remain above the poverty line.
Federal labor law sets standards in the areas of health, safety,
and hours. The maximum workday is eight hours, and the maximum workweek
is 48 hours. Overtime pay is required for hours worked in excess of
these limits. The law sets minimums for periods of rest, requiring a
minimum of 12 hours of rest to start a new workday. Sundays are
holidays, and those required to work on Sundays are paid double. Paid
vacations are mandatory for all workers for a minimum of 14 days and a
maximum of 35 days, depending on the length of their service.
The law sets premium pay for overtime, adding an extra 50 percent
of the hourly rate on ordinary days and 100 percent on Saturday
afternoons, Sundays, and holidays. Employees cannot be forced to work
overtime unless work stoppage would risk or cause injury, the need for
overtime is caused by an act of God, or other exceptional reasons
affecting the national economy or ``unusual and unpredictable
situations'' affecting businesses occur. Workers have the right to
remove themselves from dangerous or unhealthy work situations without
jeopardy to continued employment. However, workers who leave the
workplace before it has been proven unsafe risk being fired; in such
cases, the worker has the right to judicial appeal, but the process was
typically very lengthy.
The law requires employers to insure their employees against
accidents at the workplace and when traveling to and from work. The law
requires that employers either provide insurance through a labor risk
insurance entity or provide its own insurance to employees to meet
specified requirements set forth by the national insurance regulator.
Domestic employees, rural workers, free lance workers, and the
volunteer firemen corps are excluded from the above provisions
regarding minimum wages, hours of work, and occupational safety and
health. The law includes separate minimum wage and hour regulations for
domestic employees and rural workers.
Laws governing acceptable conditions of work were not enforced
universally, particularly for workers in the informal sector. The
Ministry of Labor had responsibility for enforcing legislation related
to working conditions. The ministry continued inspections to get
companies to register their informal workers. During the year the
government increased labor inspections to detect unregistered or
compulsory work, mainly in rural areas. The Ministry of Labor reported
that its 479 labor inspectors undertook more than 96,000 inspections
during the year. However, information was unavailable regarding
irregularities encountered by inspectors and fines or penalties
imposed. According to a 2007 ILO study, 60 percent of employed citizens
ages 15 to 24 were engaged in informal labor. The Superintendence of
Labor Risks serves as the enforcement agency to monitor compliance of
health and safety laws and the activities of the labor risk insurance
companies.
In practice, most workers in the formal sector earned significantly
more than the minimum wage. Generally speaking, the minimum wage served
to mark the minimum pay an informal worker should get, although formal
workers' pay was usually higher. Major labor accidents occurred in the
construction, transport, and agriculture sectors. According to the
Labor Risk Superintendency, there were 61.6 worker fatalities per
million workers. Agriculture recorded 184.6 per million workers,
construction had 196.7 per million, and transport had 157.2 per
million. During the year the government intensified labor inspections
in rural areas and identified 797 victims of labor exploitation,
according to the Office of Rescue under the Ministry of Justice and
Human Rights. Most cases reflected similar patterns: victims had been
deprived of their documents, lived in precarious housing without
electricity or water, lacked restrooms, and experienced pay deductions
for the cost of clothes and food.
__________
BAHAMAS, THE
executive summary
The Commonwealth of The Bahamas is a constitutional, parliamentary
democracy. Prime Minister Hubert Ingraham's Free National Movement
(FNM) regained control of the government in May 2007 elections that
observers found to be generally free and fair. Security forces reported
to civilian authorities.
The most serious human rights problems were complaints of abuse by
police and a poorly functioning judicial system, leading to delays in
trials, lengthy pretrial detention, and witness intimidation.
Other human rights problems included poor detention conditions;
corruption; violence and discrimination against women; sexual abuse of
children; and discrimination based on sexual orientation, HIV status,
or ethnic descent.
The government took action against police officers accused of abuse
of power, and there was not a widespread perception of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings. However, there were occasional reports of fatal
shootings by police. Police investigated all such incidents and
referred them to a coroner's court for further evaluation. In addition,
all deaths in police custody go before the coroner's court.
Authorities reported three fatalities in police operations during
the year: one shooting while police were executing a search warrant,
another during an armed robbery, and the third during a physical
altercation with officers.
On February 18, an autopsy report showed that police shot in the
back and killed Dudley Jyvonne Collie Jr. from a distance in July 2010,
despite an assertion by police that he was shot in the left shoulder
and side after pointing a gun at them. After a police investigation,
the matter was sent to the coroner's court in April. Any action to be
taken against the police officer will be determined when the coroner's
inquest is complete. In the meantime, a family member filed a civil
suit against the police department.
On January 28, a news article quoted former assistant commissioner
of police Paul Thompson as agreeing with public opinion that the police
were ``a bit too trigger happy.'' He suggested they be issued tasers to
reduce police-related shootings.
The coroner's court resolved 1,278 cases during the year and faced
a backlog of 846 cases, including a few pending cases involving police
shootings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits such practices,
citizens made numerous reports alleging instances of police abuse of
criminal suspects. Former police officials acknowledged that use of
excessive force was a problem within the Royal Bahamas Police Force
(RBPF).
A newspaper editor and an attorney published an Op-Ed piece
asserting that they previously represented numerous clients who were
tortured by the RBPF in order to extract confessions, and that they
believed the RBPF used torture to obtain confessions on a regular
basis.
In January detention center guards fired rubber bullets into an
angry crowd to regain control after a brawl broke out among detainees.
In August when authorities arraigned two brothers on murder
charges, their attorney claimed that while the brothers were in
custody, police beat them with aluminum bats and put plastic bags over
their heads in order to extract involuntary statements. In addition
their attorney said that police withheld food from the brothers.
Citizens filed 120 assault complaints against 137 police officers
through October, and the deputy commissioner of police said 66
investigations had been closed.
No information was available about the outcome of those
investigations.
Prison and Detention Center Conditions.--Conditions at Fox Hill
Prison, the country's only prison, remained harsh and unsanitary for
many prisoners. Overcrowding was a major problem in the men's maximum-
security block. Originally built in 1953 to hold 450 inmates, it held
700 of the country's 1,300 prisoners. To address overcrowding in the
Remand Center at the same site, stemming from processing backlogs
within the judicial system, approximately 300 detainees awaiting trial
were housed in the maximum-security block while they awaited trial. The
remaining prisoners were held in medium- and minimum-security units
that were at intended capacity.
Due to overcrowding in the maximum-security block, three or four
male prisoners were forced to live in cells originally intended for one
or two prisoners. Others remained in poorly ventilated and poorly lit
cells that lacked regular running water. In 2010 authorities installed
composting toilets in an attempt to move away from the unsanitary
practice of removing human waste by bucket called ``slopping.''
However, these toilets were ineffective and were subsequently removed,
and slopping resumed. Maximum-security inmates were allowed outside for
exercise four days a week for one hour per day.
Four reverse osmosis units installed at various prison housing
units allowed each inmate to extract a minimum of one gallon of potable
water during exercise time each day, free of charge. In addition,
bottled water was available for purchase from the inmate commissary.
Conditions for female prisoners were less severe than for men;
however, women did not have access to the same work-release programs
available to male prisoners.
The prison did not have a separate section for juvenile offenders
between the ages of 16 and 18 but used a classification system to
attempt to separate them from the most dangerous adults. Offenders
younger than 16, along with children made wards of the court by their
parents, were held at the Simpson Penn Center for Boys and the
Williamae Pratt Center for Girls. After five boys escaped from the
Simpson Penn Center in October, the minister of state for social
development declared that the center was not adequately staffed but
asserted that the government would hire more staff to remedy the
situation.
Generally prisoners and detainees had reasonable access to visitors
and were permitted religious observance. Organizations providing aid,
counseling services, and religious instruction had regular access to
inmates. At their request, prisoners are entitled to an audience with
the superintendent or a designee to lodge complaints. The
superintendent was available to hear the complaints of prisoners every
day of the week except Sundays. The government said that there were 20
complaints to judicial authorities about situations in the prison,
mostly related to a desire to be placed in the day-release work
program, a shortage of recreational equipment, and greater access to
dental facilities. Officials stated that they investigated all credible
allegations. Authorities conducted 43 preliminary inquiries and 25
investigations of staff and inmates. There were three inmate deaths
during the year.
The highest occupancy at the Carmichael Road Immigrant Detention
Center during the year was 455 persons. The center was originally a
school and was converted into a detention center in the mid-1990s to
accommodate the increase in number of illegal migrants. When the center
initially opened, it consisted of four dormitories, each with a 50-bed
capacity. Two of those dormitories burned down, limiting the current
facility to two dormitories with the capacity for 100 detainees. The
dormitories were gender-segregated and secured using locked gates,
metal fencing, and barbed wire. When the dormitories are at maximum
capacity, detention center staff utilize the floor of the main hall in
the medical building to accommodate up to another 50 individuals with
sleeping space. Any additional detainees sleep outside.
As of December 8, there were 109 detainees (86 men, 17 women, and
six children). Authorities held six detainees for more than 18 months
and four others for more than 12 months. Haitians and Jamaicans were
the most commonly interdicted migrants. In October authorities
temporarily transferred 65 detainees to the Fox Hill Prison after a
Haitian migrant tested positive for cholera. No further cases were
reported. The center transferred child detainees intercepted without
their parents to a hostel separate from the detention center. Child
detainees with a parent were held in the women's dormitory at the
detention center.
Authorities reported no complaints from detainees during the year.
However, detainees did not have access to an ombudsman or other means
of submitting uncensored complaints, although they did have access to
public pay telephones. Earlier in the year, as a result of a well
malfunction, there were unsanitary conditions in the toilet and shower
facilities, as well as a lack of potable water. Authorities
subsequently remedied these conditions, and in December drinking water
was available from a tap in the men's facility. The bathroom sinks in
the women's facility were not functioning but the toilets and shower
were in working order. Women drew their drinking water from the shower.
The government introduced additional bureaucratic procedures for
some nongovernmental organizations (NGOs) to gain access to the
detention center, making it difficult to visit detainees on a regular
basis. Human rights organizations complained that donations made to the
detention center did not appear to be utilized for the benefit of
detainees.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions, although police occasionally were accused of
arresting and detaining persons arbitrarily.
Role of the Police and Security Apparatus.--The Royal Bahamas
Police Force (RBPF) maintains internal security, and the small Royal
Bahamas Defense Force (RBDF) is responsible for external security,
security at the Carmichael Road Detention Center, and some minor
domestic security functions such as guarding foreign embassies and
ambassadors. The Ministry of National Security oversees the RBPF and
the RBDF.
A police officer involved in shooting or killing a suspect is
automatically placed under investigation. The Police Complaints and
Corruption Branch (PCCB), which reports directly to the deputy
commissioner, is responsible for investigating allegations of police
brutality or other abuse. This unit determines if enough evidence of
abuse or misconduct exists in a particular case to warrant disciplinary
action within the police system or, in some cases, criminal prosecution
by the attorney general. The PCCB had 21 staff members to process
complaints against police officers.
In addition to the PCCB, the government established an independent
body--the Police Complaints Inspectorate Office (PCIO)--on New
Providence and Grand Bahama islands in 2010 to investigate complaints
against police. The PCIO, which is composed of five citizens, met eight
times during the year to consider 60 complaints against officers, most
of which were assault and unlawful arrest cases. No information was
available on the outcome of the PCIO proceedings.
There were 287 complaints against police during the year, compared
with 385 in 2010. Of these cases, the PCCB recommended 34 to the Police
Tribunal, informally resolved 16, found five to be unsubstantiated,
determined that 31 were unfounded, and concluded that 21 had
insufficient evidence. Complainants withdrew 37 cases; the remainder
were pending. The Police Tribunal processed 21 of the 34 complaints
sent to it with the following outcomes: It fined 10 officers, dismissed
two officers from the force, recommended six officers for dismissal,
and reprimanded three officers. The complaints included assault,
unethical behavior, unlawful arrest, stealing, damage, neglect of duty,
missing property, causing harm, threats of death, threats of harm, and
harassment.
Arrest Procedures and Treatment While in Detention.--In general the
authorities conducted arrests openly and, when required, obtained
judicially issued warrants. Serious cases, including suspected
narcotics or firearms offenses, do not require warrants where probable
cause exists. The law provides that authorities must charge a suspect
within 48 hours of arrest. Arrested persons appear before a magistrate
within 48 hours (or by the next business day for cases arising on
weekends and holidays) to hear the charges against them. Police can
apply for a 48-hour extension upon simple request to the court and for
longer extensions with sufficient showing of need. Some persons on
remand claimed they were not brought before a magistrate within the 48-
hour time frame. The government generally respected the right to a
judicial determination of the legality of arrests. The constitution
provides the right for those arrested or detained to retain an attorney
at their own expense; volunteer legal aides were sometimes available.
Minors under age 18 have the right to communicate with a parent or
guardian.
There was a functioning bail system. Individuals who could not post
bail were held on remand until they faced trial. Judges sometimes
authorized cash bail for foreigners arrested on minor charges; however,
in practice foreign suspects generally preferred to plead guilty and
pay a fine rather than pursue their right to defend themselves, in view
of possible delays in court cases and harsh conditions in prison.
Attorneys and other prisoner advocates continued to complain of
excessive pretrial detention due to the failure of the criminal justice
system to try even the most serious cases in a timely manner. The
constitution provides that suspects can be held for a ``reasonable
period of time'' before trial, which new crime legislation passed in
October defined as two years. Government officials stated that
approximately 600 of the 1,300 prisoners were awaiting trial. To begin
to address the overcrowding issue, in October authorities introduced a
new electronic ankle bracelet surveillance system in which they
released select suspects awaiting trial with the ankle bracelet in
place on the understanding that the person would adhere to strict and
person-specific guidelines defining allowable movement within the
country. The prison had 150 persons enrolled in the program and the
capacity to enroll up to 2,000.
The authorities detained illegal immigrants, primarily Haitians,
until arrangements could be made for them to leave the country or they
obtained legal status. The average length of detention varied
significantly by nationality, willingness of governments to accept
their nationals back in a timely manner, and availability of funds to
pay for repatriation. Haitians usually were repatriated within one to
two weeks, while Cubans were held for much longer periods. Illegal
immigrants convicted of crimes other than immigration violations were
held at Fox Hill Prison, where they often remained for weeks or months
after serving their sentences, pending deportation. Some detainees
complained that they missed flights for which they had purchased their
own tickets because they were not released when detention center
managers told them they would be.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice. However, sitting judges are not granted
tenure, and some law professionals asserted that judges were incapable
of rendering completely independent decisions due to lack of job
security.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence until proven guilty and
are permitted to question witnesses at trial and view government
evidence. Defendants have a right to appeal. Defendants can elect to
use a jury in criminal cases; serious offenses such as murder and fraud
automatically go to a jury.
Although defendants generally have the right to confront witnesses,
a law termed the Witness Protection Act passed in October allows, in
some cases, for witnesses to testify anonymously against accused
perpetrators. The prime minister advocated for the bill in response to
more than 19 cases of intimidation or killing of witnesses, saying it
was necessary because the ``care of victims and witnesses of crime is
causing `serious damage' to the successful prosecution of criminals."
As in previous years, a significant backlog of cases waiting to be
tried by the Supreme Court remained a problem. Delays reportedly lasted
five years or more. To begin to address the issue, the government added
a fifth criminal trial justice and court at the Supreme Court level.
Local legal professionals attributed delays to a variety of
longstanding systemic problems, such as slow and limited police
investigations, inefficient prosecution strategies, limited forensic
capacity, lengthy legal procedures, and staff shortages in the
Prosecutor's Office.
Defendants may hire an attorney of their choice, but the government
provided legal representation only to destitute suspects charged with
capital crimes, leaving large numbers of defendants without adequate
legal representation. Lack of representation contributed to excessive
pretrial detention, as some accused lacked the means to pursue their
case toward trial.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and there is access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
While the law usually requires a court order for entry into or
search of a private residence, a police inspector or more senior police
official may authorize a search without a court order where probable
cause to suspect a weapons violation or drug possession exists.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice. An
independent press, an effective--albeit extremely backlogged--
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press. The independent media were
active and expressed a wide variety of views without significant
restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. However, the Plays
and Films Control Board rates and censors entertainment.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 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 U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees and asylum seekers. The government
did not systematically share its prescreening notes with the UNHCR but
did seek UNHCR advice on specific cases of concern.
Protection of Refugees.--Access to Asylum.--The government has not
established a consistent system for providing protection to all
refugees and asylum seekers. When they occurred, applications for
political asylum were adjudicated on a case-by-case basis at the
cabinet level. The authorities received 11 asylum requests, of which
none were granted during the year but two were still in progress at
year's end.
Local and international human rights observers criticized the
government for failing to screen potential asylum applicants
adequately. Those requesting asylum screening often lacked access to
legal counsel. Human rights observers claimed that the government
detained Cuban migrants for excessive periods. The government asserted
that trained immigration officials interviewed and adequately screened
all migrants who claimed asylum.
Stateless Persons.--The government has not effectively implemented
laws and policies to provide certain habitual residents the opportunity
to gain nationality in a timely manner and on a nondiscriminatory
basis. Children born to non-Bahamian parents or to a Bahamian mother
and a non-Bahamian father do not automatically acquire citizenship.
Bahamian-born persons of foreign heritage must apply for citizenship
during a 12-month window following their 18th birthday, sometimes
waiting many years for a government response. The narrow window for
application, difficult documentary requirements, and long waiting times
created generations of de facto stateless persons. However, the
government did not consider many of these individuals stateless,
because they were often eligible for the citizenship of their parents
and could apply for Bahamian citizenship on their 18th birthday.
There were no reliable estimates of the number of de facto
stateless persons. Such persons often faced waiting periods of several
years for the government to decide on their nationality applications
and, as a result, lacked proper documentation to secure employment,
housing, access to health services, and other public facilities during
this period.
Individuals born in the country to non-Bahamian parents were
eligible to apply for certificates of identification that entitled them
to work authorization, access to grade school-level education, and a
fee-for-service healthcare insurance program. Human rights advocates
criticized the health insurance program as having unrealistic payment
requirements that prohibited widespread access. Individuals born in the
country to non-Bahamian parents were not required to pay the college
tuition rate for foreign students while waiting for their request for
citizenship to be processed.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In 2007
national elections generally considered free and fair, the FNM won 23
of 41 seats in the House of Assembly and formed the new government
under Hubert Ingraham. During the year, a Boundary Commission redrew
the lines for voting districts in preparation for the next elections in
2012. Members of the opposition Progressive Liberal Party and
Democratic National Alliance (DNA) accused the FNM of gerrymandering
and a biased process. Local civil society members criticized the
government for lack of transparency in campaign finance, potentially
exposing politicians to unethical influence by major contributors.
There is no legislation in place to regulate election finance, which
means that politicians are not required to declare campaign
contributions and are not bound to utilize contributions for campaign
purposes.
Participation by Women and Minorities.--The House of Assembly had
five elected female members; there were five appointed female senators,
including its president, in the 14-seat Senate. There was one woman in
the cabinet.
Information on racial background was not collected, but there were
several members of minorities in prominent positions in parliament and
the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. However,
there were some reports of government corruption during the year.
A preliminary audit report in July of the Education Loan Authority
(ELA) suggested that large sums of money were used for personal reasons
by ELA officials and were either misreported or unreported. In June
RBPF officers demanded a forensic audit of the force's financial
accounts, claiming abuse and misuse of the accounts for several years.
Authorities arrested 12 persons, including six employees in the Road
Traffic Department, for fraudulently registering vehicles in a scam
that caused B$10 million ($10 million) in losses.
Because the government estimated that it loses about B$100 million
($100 million) a year due to corruption in the Department of Customs,
in June laws were amended so that customs officers found complicit in
scams could be prosecuted more swiftly.
Senior public officials, such as senators and members of
parliament, were subject to financial disclosure under the Public
Disclosure Act. However, not all of them complied with the requirement.
In September a DNA candidate called on Prime Minister Ingraham to
comply with the requirement, since in February 2010 Ingraham said he
was among the group of politicians who had not complied with the law on
yearly public disclosures. Antibribery legislation designates the
attorney general as responsible for combating government corruption.
Media representatives criticized the lack of laws providing for
public access to government information. Members of the local press
also continued to complain that the government failed to provide
regular, open access to information, including information regarding
alleged human rights violations. Specifically, press and local human
rights groups complained that the government was not forthcoming about
alleged human rights abuses by police and prison and detention center
guards, citing a lack of transparency in investigations and publication
of investigative reports.
Section 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
usually were cooperative and responsive to their views.
Government Human Rights Bodies.--A governmental commissioner with
ombudsman-like duties enjoyed the government's cooperation and was
considered effective.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
place of origin, political opinion, or creed, and the government
generally enforced these prohibitions. However, the constitution and
the law contain provisions that discriminate against women.
The country consists of 700 islands and cays, 30 of which are
inhabited. Information in this report reflects the situation in the
highly populated areas on New Providence and Grand Bahama. Limited
information was available from the lesser populated out islands.
Women.--Rape and Domestic Violence.--Rape is illegal, but the law
does not protect against spousal rape, except if the couple is
separating, in the process of divorce, or if there is a restraining
order in place. The maximum penalty for all rape offenses, including a
first-time offense, is life imprisonment. Survivors reported 107 rapes
during the year, for which authorities initiated 40 prosecutions. The
minister for national security noted that annual rape figures through
October 11 showed an increase of 38 percent compared with the previous
year.
Violence against women continued to be a serious, widespread
problem. Assailants killed a record number of 16 women during the year,
compared with 10 in 2010. A local NGO that offers an abuse hotline
reported receiving a ``tremendous'' increase in calls relating to
intimate partner violence and domestic abuse. Domestic abuse law
prohibits domestic violence as a crime separate from assault and
battery, and the government generally enforced the law. In January
police announced that complaints of domestic violence could no longer
be withdrawn without first going before a magistrate to do so. (In the
past police stopped investigations if a complainant withdrew the
complaint.) Assistant Commissioner Hulan Hanna stated that police made
the adjustment to better combat the high levels of domestic abuse in
the country.
Women's rights groups cited some reluctance on the part of law
enforcement authorities to intervene in domestic disputes. The Bahamas
Crisis Center worked with police by providing them with a counselor
referral service to utilize when encountering rape victims.
The government operated a toll-free hotline in New Providence and
Grand Bahama, run by trained volunteers at the Bahamas Crisis Center,
to respond to emergency calls 24 hours a day. Government and private
women's organizations continued public awareness campaigns highlighting
the problems of abuse and domestic violence. The Ministry of Labor and
Social Development's Department of Social Services, in partnership with
a private organization, operated a safe house to assist battered women.
The ministry's Bureau of Women's Affairs was responsible for promoting
and protecting women's rights.
Sexual Harassment.--The law prohibits criminal ``quid pro quo''
sexual harassment and authorizes penalties of up to B$5,000 ($5,000)
and a maximum of two years' imprisonment. No information was available
about the number of reports of workplace sexual harassment during the
year. Civil rights advocates complained that criminal prohibitions were
not enforced effectively and that civil remedies, including a
prohibition on ``hostile environment'' sexual harassment, were needed.
Reproductive Rights.--Couples and individuals generally could
decide freely and responsibly the number, spacing, and timing of their
children, and were not subject to discrimination, coercion, or violence
regarding these choices. Access to family planning was universally
available to persons age 18 and older and to younger persons with the
consent of an adult. Authorities removed pregnant teens from government
educational institutions and placed them in a special school operated
by the Providing Access to Continued Education Foundation until after
the birth of their children. The Maternal and Child Health Unit of the
Ministry of Health provided information pamphlets on maternal and child
health to clinics. A government Web site provided information for
maternal and child health-care services provided by various clinics
throughout the country. Women had access to maternal health services.
According to U.N. data, skilled personnel attended 99 percent of
births, and 98 percent of mothers received prenatal and postpartum
care. Services were available on a nondiscriminatory basis, although
some illegal immigrants did not receive postpartum care because they
had no fixed address.
Discrimination.--The law does not provide women with the same right
as men to transmit citizenship to their foreign-born spouses. The law
also makes it easier for men with foreign spouses than for women with
foreign spouses to confer citizenship on their children. The law does
not include gender as a basis for protection from discrimination. Women
were generally free of economic discrimination, and the law provides
for equal pay for equal work.
Children.--Birth Registration.--Children born to non-Bahamian
parents or to a Bahamian mother and a non-Bahamian father do not
automatically acquire citizenship. Otherwise, citizenship is acquired
by birth in the country. There is universal birth registration; all
births must be registered within 21 days of delivery. All residents,
regardless of immigration status, had free access to education and
social programs.
Child Abuse.--Both the government and civic organizations conducted
public education programs aimed at child abuse and appropriate
parenting behavior; however, child abuse and neglect remained serious
problems. The RBPF operated a hotline regarding missing or exploited
children. The Child Protection Act of 2007 included increased penalties
for child abuse, mandatory reporting to police of all forms of child
abuse, a provision for fathers of children born out of wedlock to
pursue custody of the children, and a provision for mothers of children
born out of wedlock to pursue maintenance for those children up to age
18.
The Department of Social Services reported 636 cases of child abuse
during the year. They included 141 cases of physical abuse, 41 cases of
neglect, 10 cases of abandonment, and 11 cases of incest. In addition
the RBDF reported 110 cases of adults having unlawful sexual
intercourse with children 15 years old and younger. Although the
Ministry of Foreign Affairs reported no charges of rape or unlawful sex
against teachers during the year, the press reported two teachers on
Andros island were under investigation by the Ministry of Education for
sex with teenage girls. In July authorities charged a police constable
with raping a 13-year-old girl.
The law requires all persons having contact with a child they
believe to have been physically or sexually abused to report their
suspicions to the police. The law provides penalties for the rape of
persons between the ages of 14 and 16 of up to 14 years' imprisonment,
with harsher penalties involving persons under age 14. While a victim's
consent is insufficient defense against allegations of statutory rape,
it is sufficient defense if an individual can demonstrate that the
accused had ``reasonable cause to believe that the victim was above 16
years of age,'' provided the accused was under age 18.
Sexual exploitation of children through incestuous relationships
occurred, and anecdotal reports continued to suggest that this was a
particular problem in the out islands. Observers generally acknowledged
that a small number of children were involved in illicit or unlawful
activities. The ministry may remove children from abusive situations if
a court deems it necessary. The ministry provided services to abused
and neglected children through a public-private center for children,
the public hospital family violence program, and the Bahamas Crisis
Center.
The Department of Social Services is responsible for abandoned
children up to 18 years of age but had very limited resources at its
disposal. The government found foster homes for some children, and the
government hospital housed abandoned children with physical
disabilities when foster homes could not be found.
Sexual Exploitation of Children.--The minimum age for consensual
sex is 16 years. The law considers any association or exposure of a
child to prostitution or a prostitution house as cruelty, neglect, or
ill treatment of a child. Additionally, the offense of having sex with
a minor carries a penalty of life imprisonment. Child pornography is
against the law. A person who produces it is liable to life
imprisonment; dissemination or possession of it calls for a penalty of
20 years' imprisonment.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.
Anti-Semitism.--There were no reports of anti-Semitic acts. The
local Jewish community numbered approximately 200 persons.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--There is no specific law protecting
persons with physical or mental disabilities from discrimination in
employment, education, access to health care, or the provision of other
state services. However, provisions in other legislation address the
rights of persons with disabilities, including a prohibition of
discrimination on the basis of disability. Although the law mandates
access for persons with physical disabilities in new public buildings,
the authorities rarely enforced this requirement, and very few
buildings and public facilities were accessible to persons with
disabilities. Advocates for persons with disabilities complained of
widespread job discrimination and general apathy on the part of private
employers and political leaders toward the need for training and equal
opportunity.
The Disability Division within the Ministry of Labor and Social
Development reported providing the following services during the year:
disability allowances to disabled persons; financial assistance to
procure prosthetics, wheelchairs, hearing aids, and other assistive
devices; regular prosthetic committee meetings; annual government
grants to NGOs serving the disabled community; crisis intervention
counseling; and Braille classes.
In May the media reported allegations of patient abuse at the
Sandilands psychiatric facility. Orderlies were accused of violently
abusing institutionalized patients, and nurses were said to be too
afraid to speak out.
A mix of government and private residential and nonresidential
institutions provided education, training, counseling, and job
placement services for adults and children with both physical and
mental disabilities.
National/Racial/Ethnic Minorities.The country's racial and ethnic
groups generally coexisted in a climate of peace. However, anti-Haitian
prejudice and resentment regarding Haitian immigration was widespread.
According to unofficial estimates, between 10 and 25 percent of the
population were Haitians or persons of Haitian descent, making them the
largest ethnic minority. Many persons of Haitian origin lived in
shantytowns with limited sewage and garbage services, law enforcement,
or other infrastructure. Haitian children generally were granted access
to education and social services, but interethnic tensions and
inequities persisted. The Haitian community was characterized by high
poverty, high unemployment, poor educational achievement, and poor
health conditions. Haitians generally had difficulty in securing
citizenship, residence, or work permits.
Members of the Haitian community complained of discrimination in
the job market, specifically that identity and work-permit documents
were controlled by employers seeking leverage by threat of deportation.
Some also complained of tactics used by immigration officials in raids
of Haitian or suspected Haitian communities.
In February immigration and RBDF officers were accused of using
excessively aggressive tactics including crowbars and maul hammers to
damage property and beat Haitian immigrants.
Haitians also claimed that authorities stole cell phones and money
from them on a regular basis.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Societal discrimination
against gay men and lesbians occurred, with some persons reporting job
and housing discrimination based upon sexual orientation. Although
same-sex sexual activity between consenting adults is legal, the law
defines the age of consent for same-sex couples as 18 years, compared
to 16 years for heterosexual couples. No domestic legislation addresses
the human rights concerns of lesbian, gay, bisexual, and transgender
(LGBT) persons. The 2006 Constitutional Review Commission found that
sexual orientation did not deserve protection against discrimination.
In June a father told the press that the rape and murder of his
daughter, who was a lesbian, may have been a hate crime. The police
investigated but could not prosecute as a hate crime since no such law
existed.
The July murder of photographer Sharvado Simmons remained unsolved,
but some members of the LGBT community believed he was killed by a
group of men seeking retribution for a previous incident where Simmons
solicited and deceived one of the men while dressed ``in drag."
Other Societal Violence or Discrimination.--Stigma and
discrimination against persons with HIV/AIDS was high, but there were
no reports of violence against persons with HIV/AIDS. Children with
HIV/AIDS also faced discrimination, and teachers often were not told
that a child was HIV-positive for fear of verbal abuse from both
educators and peers. The government maintained a home for orphaned
children infected with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions, participate in collective bargaining, and conduct legal
strikes, and it prohibits antiunion discrimination.
Members of the police force, defense force, fire brigade, and
prison guards may not organize or join unions, but other public sector
workers are permitted to join unions. Employers can apply to have union
recognition revoked if a collective agreement is not reached after 12
months.
Employers can be compelled to reinstate workers illegally fired for
union activity. Under the law labor disputes first are filed with the
labor ministry and then, if not resolved, are transferred to an
industrial tribunal. The tribunal's decision is final and can be
appealed in court only on a strict question of law.
The government effectively enforced labor laws, including the right
to form and join independent unions and to strike. Unions and employers
negotiated wage rates without government interference. The ministry
reported various forms of labor violations during the year, all of
which it stated were resolved in a timely manner.
The Ministry of Labor and Social Development reported that worker
organizations were not affiliated with government or specific political
parties and that it did not receive any reports of threats of violence
targeting union leaders by employers. Workers occasionally filed
disputes with the authorities involving ``union-busting'' charges, and
the ministry asserted that it consistently upheld the applicable labor
statues to protect worker rights. There were reports of violations of
collective bargaining rights from some unions, and in some cases the
courts ruled in favor of the plaintiffs and compensated them
accordingly.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, and the Ministry of Labor and
Social Development asserted that no cases of forced labor were reported
during the year. However, local NGOs maintained that exploited workers
often did not report their circumstances to government officials for
fear of the threat of deportation.
There were reports that non-Bahamian laborers suffered abuses at
the hands of their employers, who were responsible for endorsing their
work permits on an annual basis. Specifically, local sources indicated
that employers reportedly obtained B$1,000 ($1,000) work permits for
non-Bahamian employees and then required them to ``work off'' the
permit fee over the course of their employment or otherwise risk losing
the permit and their ability to work legally within the country.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14 for industrial
work or work during school hours. Children under age 16 may not work at
night. There was no legal minimum age for employment in other sectors.
Occupational health and safety restrictions apply to all younger
workers.
The Ministry of Labor and Social Development is responsible for
enforcing laws regulating working hours for children, as well as
occupational health and safety restrictions.
Some children as young as 12 years old worked part time in service
jobs in the evenings after school.
d. Acceptable Conditions of Work.--The minimum wage was B$4.45
($4.45) per hour for hourly workers, B$35 ($35) per day for daily
workers, and B$150 ($150) per week for weekly-paid workers.
The law provides for a 40-hour workweek, a 24-hour rest period, and
time-and-a-half payment for hours worked beyond the standard workweek.
The law stipulates paid annual holidays and does not provide for
compulsory overtime.
The government sets health and safety standards. According to the
Ministry of Labor and Social Development, the law protects all workers,
including migrant workers and undocumented workers in areas including
wages, working hours, working conditions, and occupational and safety
standards.
The ministry was responsible for enforcing labor laws, including
the minimum wage, and had a team of inspectors that conducted on-site
visits to enforce occupational health and safety standards and
investigate employee concerns and complaints, although inspections
occurred infrequently. The ministry normally announced inspection
visits in advance, and employers generally cooperated with inspectors
to implement safety standards. It was uncertain whether these
inspections effectively enforced health and safety standards, although
the ministry actively sought international assistance to improve
performance. The law does not provide a right for workers to remove
themselves from dangerous work situations without jeopardy to continued
employment.
No workplace fatalities were reported during the year. The only
major industrial accident reported involved a tornado touching down at
Freeport Container Port that resulted in three deaths.
__________
BARBADOS
executive summary
Barbados is a multiparty, parliamentary democracy. In 2008 national
elections, voters elected Prime Minister David Thompson of the
Democratic Labour Party (DLP). International observers assessed the
vote as generally free and fair. Prime Minister Thompson died in office
in October 2010 and was replaced by Deputy Prime Minister Freundel
Stuart. Security forces reported to civilian authorities.
The most serious human rights problem was occasional use of
excessive force by the police.
Other human rights problems included societal violence against
women and children and discrimination against gays and lesbians.
The government took steps to punish officials who committed abuses,
and there was not a widespread perception of impunity for security
force members.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings, but on
rare occasions, there were police killings in the line of duty.
Authorities investigated all such killings and referred them to a
coroner's inquiry when appropriate.
In July police officers shot and killed Shawn Anderson Sealy,
sought in connection with an aggravated burglary, after he attacked
them with a machete and damaged a police vehicle. The coroner's office
was investigating the case at year's end. In December Curtis Callender
died at the Oistins Police Station while in police custody for
questioning. At year's end the attorney general awaited a final autopsy
report, but an initial finding revealed that the suspect died from an
aneurysm.
Frequently there were long delays in completing coroner's
inquiries, but findings eventually were made public. For instance, in
July the coroner's court returned an ``open'' verdict in the 2006
police killing of Richard Gordon, and in August it made a finding of
``accidental shooting'' in the 2009 death of Hugh Springer, a bystander
shot and killed by police. That report urged the police to use taser
guns as a nonlethal means of controlling chaotic public disturbances.
The coroner's court received the files for the 2009 police killing
of Denzil Headley and the 2007 police killing of Michael Davis, but
inquest dates had not been set by year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices. Most complaints
against the police alleged unprofessional conduct and beating or
assault. Police occasionally were accused of beating suspects to obtain
confessions, and suspects often recanted their confessions during their
trial. In many cases the only evidence against the accused was a
confession. Suspects and their family members continued to allege
coercion by police, but there was no evidence of systematic police
abuse.
On February 28, a Jamaican national claimed three officers raped
her while she was detained at the Central Police Station on drug
trafficking charges. Authorities arrested two of the accused officers,
suspended them from the force, and brought charges against them.
Released on bail, they awaited trial at year's end.
On March 14, another Jamaican national claimed she was sexually
assaulted by a female immigration officer at the airport where she was
detained after flying to the country. She said the alleged assault
occurred when she was subjected to a cavity search while in custody.
The parliamentary minister for immigration claimed that the accuser was
denied entry for good reason and that no mistreatment occurred.
However, officials from the two governments discussed the incident, and
the investigation remained open at year's end.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. Dodds Prison,
built in 2007 in St. Philip, was designed to meet modern international
standards with a capacity of approximately 1,250 prisoners. According
to prison officials, in November it held 1,032 prisoners, including
pretrial detainees. Although prisoners occasionally complained about
the quality of the food, Dodds had a canteen program permitting family
members to make deposits into inmate accounts, and inmates could
purchase popular food, snacks, toiletries, and dry goods. Prisoners may
submit complaints to the officer in charge. If that officer cannot
resolve the problem, it is referred to the warden.
There were 36 female prisoners held in a separate wing. There were
separate juvenile facilities for boys and girls.
A Cuban prisoner remained in prison even though he completed his
15-year sentence for drug trafficking in 2010. The government stated
this was due to the Cuban government's denial of his repatriation
request and that he will remain incarcerated until Cuba or a another
country agrees to accept him. There were no immediate plans to release
the prisoner into general society.
Authorities permitted reasonable access to visitors. Prisoners were
permitted religious observance and could submit complaints to judicial
authorities. The government allowed prison visits by independent human
rights monitors.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and imprisonment, and the government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The Royal Barbados
Police Force (RBPF) is responsible for internal law enforcement. The
small Barbados Defense Force (BDF) protects national security and may
be called upon to maintain public order in times of crisis, emergency,
or other specific need. The RBPF reports to the minister of home
affairs, and the BDF reports to the minister of defense and security.
Although the police largely were unarmed, special RBPF foot patrols in
high-crime areas carried firearms. An armed special rapid-response unit
continued to operate. The law provides that the police can request BDF
assistance with special joint patrols.
Civilian authorities maintained effective control over the RBPF and
the BDF, 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 are
authorized to arrest persons suspected of criminal activity; a warrant
is typically required. The constitution permits detainees to be held
without charge for up to five days; however, once charged, detainees
must be brought before a court without unnecessary delay. There is a
functioning bail system. Criminal detainees received prompt access to
counsel and were advised of that right immediately after arrest. Access
to family members generally was permitted.
Police procedures provide that, except when expressly permitted by
a senior divisional officer to do otherwise, the police may question
suspects and other persons only at a police station. An officer must
visit detainees at least once every three hours to inquire about the
detainees' condition. After 24 hours the detaining authority must
submit a written report to the deputy commissioner. The authorities
must approve and record all movements of detainees between stations.
There were between 50 and 100 persons in pretrial detention at
various times during the year. While length of pretrial detention may
vary from one case to another, there were no reports of extended
periods of pretrial detention or abuse of the practice.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides that persons charged
with criminal offenses be given a fair public hearing without
unnecessary delay by an independent, impartial court and a trial by
jury. The government generally respected these rights in practice.
Defendants have the right to be present and to consult with an attorney
in a timely manner. The government provided free legal aid to the
indigent in family matters, child support, serious criminal cases such
as rape or murder, and all cases involving minors. Defendants are
allowed to confront and question witnesses and present evidence on
their own behalf. Defendants and their attorneys have access to
government-held evidence relevant to their case. Defendants are
presumed innocent until proven guilty and have the right of appeal.
The constitution and law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Magistrate's courts have
both civil and criminal jurisdiction, but the civil judicial system
experienced heavy backlogs. Citizens can seek redress for human rights
or other abuses through the civil system.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and of the
press, and the government generally respected these rights in practice.
An independent press, an effective judiciary, and a functioning
democratic political system combined to ensure freedom of speech and of
the press.
The government restricted the receipt and importation of foreign
publications deemed to be pornographic.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
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.--See the Department of State's
International Religious Freedom Report at www.state.gov/j/drl/rls/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice.
The government was prepared to cooperate with the Office of the
U.N. High Commissioner for Refugees and other humanitarian
organizations in assisting refugees, asylum seekers, and other persons
of concern.
Protection of Refugees.--Access to Asylum.--The government has not
established a system for providing protection to refugees. 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 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.--Recent Elections.--In
general elections held in 2008, the DLP, in opposition since 1994,
defeated the Barbados Labour Party, led by then prime minister Owen
Arthur. The DLP won 20 of the 30 seats in the parliament's House of
Assembly, and DLP leader David Thompson became prime minister.
Following Thompson's death in October 2010, the DLP parliamentary group
selected Deputy Prime Minister Freundel Stuart to be prime minister.
The next general election must be held by January 2013.
Participation of Women and Minorities.--Two cabinet members were
female; there were three women in the House of Assembly. There were
four women and three minorities in the 21-member appointed Senate.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively.
There is no law that subjects public officials to financial
disclosure. Parliament's Public Accounts Committee and the auditor
general conduct investigations of all government public accounts, which
include ministries, departments, and statutory bodies.
There is no law providing citizens access to information held by
the government. While access to information was provided on government
Web sites, responses to requests for specific government information by
citizens and other interested parties often were slow.
Section 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 were cooperative and
responsive to their views.
Government Human Rights Bodies.--The Ombudsman's Office hears
complaints against government offices for alleged injuries or
injustices resulting from administrative conduct. The governor general
appoints the ombudsman on the recommendation of the prime minister in
consultation with the leader of the opposition; Parliament must approve
the appointment. The ombudsman submits annual reports to Parliament,
which contain both recommendations on changes to laws and descriptions
of actions taken by the Ombudsman's Office.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal treatment regardless of race,
origin, political opinion, color, creed, or sex, and the government
effectively enforced these provisions.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and the maximum penalty is life imprisonment.
There were legal protections against spousal rape for women holding a
court-issued divorce decree, separation order, or nonmolestation order.
Authorities charged 145 persons with sex-related offenses during the
year, compared with 112 in 2010. Charges were brought in 55 cases of
rape, compared with 44 in 2010; 11 cases of sex with a minor, compared
with 19 in 2010; and 53 cases of indecent assault, compared with 42 in
2010). Many cases were pending in the courts for months or years. Rape
was underreported for fear of further violence, retribution, and
societal stigma.
Violence and abuse against women continued to be significant social
problems. The law prohibits domestic violence, provides protection to
all members of the family, including men and children, and applies
equally to marriages and to common-law relationships. Penalties depend
on the severity of the charges and range from a fine for first-time
offenders (unless the injury is serious) up to the death penalty for a
killing. Victims may request restraining orders, which the courts often
issued. The courts can sentence an offender to jail for breaching such
an order. The police have a victim support unit, consisting of civilian
volunteers, which offered assistance primarily to female victims of
violent crimes.
There were public and private counseling services for victims of
domestic violence, rape, and child abuse. There were programs to
sensitize clergy who counsel abuse victims, to encourage hairdressers
to identify domestic violence and direct women to seek expert
assistance, to offer domestic violence awareness training for high
school students, and to prevent elder abuse for workers in geriatric
hospitals. The Business and Professional Women's Club (BPW) operated a
crisis center staffed by trained counselors and provided legal and
medical referral services. The government provided some funding for a
shelter for battered women, operated by nongovernmental organizations
(NGOs) including the BPW, which accommodated up to 20 women plus their
young children. The shelter offered the services of trained
psychological counselors to victims of domestic violence.
The Bureau of Gender Affairs cited a lack of specific information
and inadequate mechanisms for collecting and evaluating data on
incidents of domestic violence as major impediments to tackling gender-
based violence.
Sexual Harassment.--The law does not specifically address sexual
harassment, which was a problem. There were no statistics available on
the prevalence of sexual harassment cases. Media reports often
indicated that women were afraid to report sexual harassment because
they feared retribution in the workplace.
Reproductive Rights.--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. Skilled
attendance at delivery and in postpartum care was widely available, as
was access to information on contraception. Women and men were given
equal access to diagnostic services and treatment for sexually
transmitted infections.
Discrimination.--The Bureau of Gender Affairs in the Ministry of
Family worked to ensure the rights of women. Women have equal property
rights, including in a divorce settlement. Women actively participated
in all aspects of national life and were well represented at all levels
of the public and private sectors, although some discrimination
persisted. According to the World Economic Forum's 2010 Global Gender
Gap Report, women earned 26 percent less than men for comparable work.
A government poverty eradication fund focused on encouraging
entrepreneurial activities to increase employment for women and youth.
Children.--Birth Registration.--Citizenship is obtained by birth in
the country and/or from one's parents. There was universal birth
registration.
Child Abuse.--Violence and abuse against children remained serious
problems. The Child Care Board has a mandate for the care and
protection of children, which involved investigating daycare centers
and cases of child abuse or child labor and providing counseling
services, residential placement, and foster care. The Welfare
Department offered counseling on a broad range of family-related
issues, and the Child Care Board conducted counseling for child abuse
victims.
Sexual Exploitation of Children.--The government does not have a
policy framework to combat sexual exploitation of children. The
Ministry of Family, Culture, Youth, and Sports acknowledged that child
prostitution occurred; however, there was no research to document that
problem. Pornography is illegal, but no information was available
concerning specific prohibitions dealing with child pornography.
International Child Abduction.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For country-specific information see the Department of
State's report at http://travel.state.gov/abduction/country/country--
3781.html.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--There are no laws that specifically
prohibit discrimination against persons with disabilities in
employment, education, or the provision of other state services, other
than constitutional provisions asserting equality for all. In practice
persons with disabilities faced some discrimination. The Ministry of
Social Care, Constituency Empowerment, and Community Development
operated a Disabilities Unit to address the concerns of persons with
disabilities, but parents complained of added fees and transport
difficulties for children with disabilities at public schools. Although
persons with disabilities continued to face social stigma preventing
them from fully participating in society, attitudes were slowly
evolving. Persons with disabilities generally experienced hiring
discrimination as well as difficulty in achieving economic
independence.
The Barbados Council for the Disabled, the Barbados National
Organization for the Disabled, and other NGOs indicated that access and
transportation remained the primary challenges facing persons with
disabilities. Many public areas lacked the necessary ramps, railings,
parking, and bathroom adjustments to accommodate such persons, and
affordable, reliable transportation for them remained elusive. However,
some measures were made to address transportation concerns through
private transportation providers and disabled rights NGOs.
While no legislation mandates provision of accessibility to public
thoroughfares or public or private buildings, the Town and Country
Planning Department set provisions for all public buildings to include
accessibility to persons with disabilities. As a result, most new
buildings had ramps, reserved parking, and special sanitary facilities
for such persons. The Barbados Council for the Disabled and other NGOs
promoted and implemented sensitization and accessibility programs
designed to help persons with disabilities enjoy the inclusion and
services that other citizens enjoy.
The Disabilities Unit continued numerous programs for persons with
disabilities, including Call-a-Ride and Dial-a-Ride public
transportation programs, sensitization workshops for public
transportation operators, inspections of public transportation
vehicles, sign language education programs, integrated summer camps,
and accessibility programs.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
consensual same-sex sexual relations, and there are no laws that
prohibit discrimination against a person on the basis of sexual
orientation in employment, housing, education, or health care. Although
statistics were unavailable, anecdotal evidence suggested that societal
discrimination against gays and lesbians occurred. The issue gained
national attention when a group of citizens claimed amnesty in Canada
for fear of not being able to live openly as lesbian, gay, bisexual, or
transgender persons. Responding to a call by U.K. Prime Minister
Cameron for reform of anti-LGBT legislation, Attorney General Adriel
Brathwaite declared the country's ``position on homosexuality was not
for sale and that its legislative agenda would be determined at home."
Other Societal Violence or Discrimination.--The government
continued a large country-wide media campaign to discourage
discrimination against HIV/AIDS-infected persons and others living with
them. While there was no systematic discrimination, HIV/AIDS-infected
persons did not commonly disclose the condition due to lack of social
acceptance.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions and conduct legal
strikes but does not specifically recognize the right to bargain
collectively. The law does not obligate companies to recognize unions
or to accept collective bargaining, and there is no specific law that
prohibits antiunion discrimination. Although the courts provide a
method of redress for employees alleging wrongful dismissal, they
commonly awarded monetary compensation but rarely ordered
reinstatement.
Labor laws cover all groups of workers, including migrants, public
sector, domestic workers, and those in special trade zones, and the
government generally enforced the laws effectively.
In practice workers faced some challenges in exercising freedom of
association or bargaining collectively; however, their rights were
generally respected. While both major political parties were originally
formed from labor unions, worker organizations remained independent
from government and political parties. In practice workers exercised
the right to conduct legal strikes. All private sector employees are
permitted to strike, but the law prohibits essential workers, such as
police, firefighters, electricity, and water company employees, from
engaging in strikes.
Although employers were under no legal obligation to recognize
unions, most major employers did so when a significant percentage of
their employees expressed a desire to be represented by a registered
union. Smaller companies were often not unionized. In the past labor
unions reported some companies, including some unspecified foreign
firms, engaged in antiunion discrimination and unions complained to the
Labor Ministry on a number of occasions about what they deemed
antiunion activity by employers. However, the ministry did not receive
any complaints of antiunion activity during the year.
Some unions noted that employers often refused to negotiate
collective bargaining agreements with them, even if the union was
recognized by the company. Negotiated protocols contained provisions
for increases in basic wages and increases based on productivity. On
May 5, representatives from labor, government, and the private sector
signed a sixth such protocol, which will expire in 2013. The Social
Partnership Agreement provides for monthly meetings of labor,
management, and government representatives. Chaired by the prime
minister or the minister responsible for labor affairs, it plays a
significant role in setting parameters and maintaining harmonious
workplace relations.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits all forms of forced or compulsory labor, and the government
generally enforced such laws.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for a minimum working age of 16 for certain sectors but
does not cover sectors such as agriculture. Compulsory primary and
secondary education policies reinforced minimum age requirements. The
law prohibits children under the age of 18 from engaging in work likely
to harm their heath, safety, or morals but does not specifically note
which occupations fall under this prohibition. The law prohibits the
employment of children of compulsory school age (through age 16) during
school hours. The law also prevents young people from night work (after
6:00 p.m.). These laws were effectively enforced. The Labor Department
had a small cadre of labor inspectors who conducted spot investigations
of enterprises and checked records to verify compliance with the law.
These inspectors may take legal action against an employer who is found
employing underage workers. Child labor laws were generally observed in
practice. According to the chief labor inspector, no underage
employment cases were filed during the past few years.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The law provides for, and the
authorities established, minimum wage rates for household domestics and
shop assistants. The minimum wage for these employees was BDS$5 ($2.50)
per hour. The Ministry of Labor recommended companies in all other
sectors use this as the de facto minimum wage.
The standard legal workweek is 40 hours in five days, and the law
provides employees with three weeks of paid holiday for the first four
years of service and four weeks' holiday after five years of service.
An employee's length of service is linked to the anniversary of the
commencement date with current employer. The law requires overtime
payment of time and one-half for hours worked in excess and prescribes
that all overtime must be voluntary.
The 2005 Occupational Safety and Health at Work Act was never
promulgated into law, as it was passed at the end of the previous
administration and was still under review at year's end; previous
occupational health and safety laws still applied. The law requires
that in certain sectors, firms employing more than 50 workers create a
safety committee that could challenge the decisions of management
concerning the occupational safety and health environment. Workers had
the right to remove themselves from dangerous or hazardous job
situations without jeopardizing their continued employment.
The Ministry of Labor did not identify any specific group of
workers that were subject to hazardous or exploitive working
conditions. According to the ministry, labor laws apply to all workers
and are enforced across the board. However, foreign workers in high
risk sectors such as domestic service, agriculture, or construction may
not be aware of their rights and protections under the law.
The Labor Department within the Ministry of Labor is charged with
enforcing the minimum wage as well as work hours and did so
effectively. In practice the prevailing wage on the island was higher
than the legal minimum wage. However, there were occasional press
reports alleging that migrant workers received less than the minimum
wage. That department also enforced health and safety standards and in
most cases followed up to ensure that management corrected problems
cited. A group of 10 safety and health inspectors helped enforce
regulations, and nine labor officers handled labor law violations. All
groups of workers were covered under these laws, although unions
expressed concern that domestic workers were sometimes forced to work
in unacceptable conditions.
Penalties used by the Ministry of Labor include fines,
imprisonment, or a combination of the two. However, the ministry
reported that it has historically relied on education, consensus
building, and moral persuasion rather than penalties to correct labor
law violations.
The ministry used routine inspections, accident investigations, and
union membership surveys to prevent labor violations and ensure that
wages and working conditions met national standards. The ministry
delivered presentations to workers to inform them of their labor rights
and provided education and awareness workshops for employers.
The Labor Department's Health and Safety Inspection Unit conducted
several routine annual inspections of government-operated corporations
and manufacturing plants, with no serious problems noted. However, the
construction and hospitality sectors were mentioned as problem areas
due to the frequency and severity of worksite accidents. Three people
died in the course of their employment during the year, and there were
no major industrial accidents. Office environments also received
additional attention from the ministry due to indoor air quality
concerns. Civic organizations such as the Barbados Employer's
Confederation worked closely with the government to ensure worker
safety was protected despite the nonimplementation of the 2005 law.
Trade union monitors identified safety problems for government health
and safety inspectors to ensure the enforcement of safety and health
regulations and effective correction by management.
__________
BELIZE
executive summary
Belize is a constitutional parliamentary democracy. In February
2008 Prime Minister Dean Barrow's United Democratic Party (UDP) won 25
of the 31 seats in the House of Representatives following generally
free and fair multiparty elections. There were instances in which
elements of the security forces acted independently of civilian
control.
The most important human rights abuse documented during the year
was the use of excessive force by security forces.
Other human rights problems included lengthy pretrial detention,
domestic violence, discrimination against women, sexual abuse of
children, trafficking in persons, discrimination based on sexual
orientation, and child labor.
In some cases the government took steps to prosecute officials who
committed abuses, both administratively and through the courts, but
successful prosecutions generally were limited in number and tended to
involve less severe infractions.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings. In
contrast with 2010, there were no reports or allegations that security
forces committed arbitrary or unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits torture or other inhuman
punishment, but there were reports that police used excessive force.
The government occasionally ignored reports of abuses, withheld
action until the case had faded from the public's attention, failed to
take punitive action, or transferred accused officers to other
districts.
During the year the Belize Police Department's (BPD) Professional
Standards Branch received 238 formal complaints of alleged police
misconduct. During the same period, the BPD held 14 officers on
interdiction (suspension with half salary) and one on suspension (with
salary). The 14 officers on interdiction were alleged to have committed
a combination of criminal and disciplinary charges. The ombudsman
reported receiving 99 complaints against the police department and its
personnel, of which 39 percent were categorized as complaints for
brutality, 18 percent as complaints of harassment, and 17 percent as
complaints for abuse of power.
The ombudsman had difficulties receiving information from the BPD
regarding allegations made against the BPD. The ombudsman often
encountered resistance from the police when trying to obtain medical
legal forms describing injuries of those detained. The BPD's response
rate to letters of inquiry from the ombudsman was approximately 35
percent, according to the ombudsman. The BPD explained that if
petitioners did not file their complaints with the BPD Professional
Standards Branch, the matter would not be investigated.
On August 29, the BPD's Gang Suppression Unit reportedly used
excessive force after the funeral of a murder victim who allegedly had
gang member associates. The media reported that bystanders were injured
and that police used pepper spray, rubber bullets, and a baseball bat.
The media reported several other incidents of police using excessive
force, including incidents involving the suppression unit.
At year's end the case of a Belize City Police inspector, charged
with attempted murder and dangerous harm in an April 2010 shooting that
left a person partially paralyzed, was pending in the Supreme Court.
The civil suit filed by the victim against the BPD also was pending.
Prison and Detention Center Conditions.--Despite improvements over
the last several years, prison conditions did not meet all
international standards. Belize Central Prison, the country's only
prison, was administered by a local nonprofit organization, but the
government retained overall oversight and monitoring responsibility for
management of the prison.
In October the prison held a total of 1,391 inmates, of whom 38
were women, 60 juveniles, and 450 on remand. Prison capacity is
approximately 1,750.
The regular prison population lived in cells accommodating
approximately four to six persons. Prisoners on remand lived in a
facility with approximately three to four persons per cell. Some
prisoners in the maximum-security section also were held in the remand
facility, usually with only one inmate per cell. Prison officials used
isolation in a small, unlit, unventilated punishment cell, called a
``reflection room,'' to discipline inmates in the youth section.
Inmates had access to potable water.
Prison officials held women and men in separate facilities. The
women's facility was located 200 yards outside the main compound.
Conditions in the women's area were significantly better than in the
men's compound. There were no female juveniles housed in the Belize
Central Prison during the year.
Male juveniles, both on remand and convicted, were held separately
in a dormitory at the Wagner Youth Facility within the prison compound.
Some were convicted of murder, and many were gang members.
There were no reported cases of abuse or excessive force by prison
officials. Through October there were approximately 100 incidents of
inmate-on-inmate violence ranging from minor fights to serious
assaults.
Inmates had daily access to visitors, and the government did not
restrict religious observance. A full-time chaplain coordinated visits
by ministers from different denominations. The prison had a hall where
church services took place.
The Ombudsman Act authorizes inmates to make complaints to the
Ombudsman's Office through prison authorities; however, inmates and
their family members tended to submit such complaints directly to the
ombudsman and did so without censorship. The ombudsman visited the
prison in October. Prison authorities also permitted independent visits
from independent human rights observers.
After assuming prison operations in 2002, the Kolbe Foundation
began making significant improvements in security as well as conditions
for inmates. The Kolbe Foundation built rehabilitation and education
centers, initiated a program to separate members of rival gangs to
reduce inmate-on-inmate violence, and overhauled training to improve
security, address proper treatment of inmates, and minimize petty
corruption. During the year the prison operator continued to increase
staff training, improved the perimeter fence for better security,
improved its program to confiscate prohibited items such as mobile
phones and marijuana, and made progress separating members of rival
gangs. According to prison officials, the prison experienced a record
low of two escaped prisoners. Also during the year, prison authorities
seized 20 pounds of marijuana, 140 cell phones, and 200 handmade
weapons in the prison.
d. Arbitrary Arrest or Detention.--Although the constitution and
law prohibit arbitrary arrest and detention, there were occasional
charges that the government failed to observe these prohibitions.
Role of the Police and Security Apparatus.--The Ministry of Defense
and Immigration supervises the Belize Defense Force (BDF) as well as
the Immigration Department. The Ministry of Police and Public Security
supervises the BPD. Although primarily charged with external security,
the BDF also provides domestic security support to civilian
authorities. BDF soldiers frequently worked alongside police officers,
particularly in Belize City. BDF personnel assisting police have
limited powers of arrest; police take the lead when making arrests. Low
pay for security officers and corruption remained problems. There were
no reported cases of impunity for security force members for major
crimes.
In August the government reformed the police's Internal Affairs
Department by adding an Independent Complaints Commission to oversee
the Professional Standards Branch (PSB) and expanding the complaint
filing procedure. The commission is comprised of five community
representatives, none of whom are police officers. The PSB is headed by
a superintendant of police, supported by seven officers. It is
responsible for investigating allegations made against the police.
Previously the public filed complaints directly with the PSB, which has
an office in Belize City and another in Belmopan; with the change
complainants could go to the PSB or directly to any local police
station.
Arrest Procedures and Treatment While in Detention.--Police must
obtain search or arrest warrants issued by a magistrate, except in
cases of hot pursuit, when there is probable cause, or when the
presence of a firearm is suspected. The law requires police to inform a
detainee in writing of the cause of detention within 48 hours of arrest
and bring the person before a magistrate to receive official charges
within a reasonable time (normally 24 hours). In practice the BPD faced
allegations that its members arbitrarily detained persons, did not take
detainees to a police station in the required manner, and used
detention as a means of intimidation. During the year the government
proposed draft legislation that would allow for preventive detention
but withdrew it after public opposition.
In August Glenn Tillett accused the BPD of wrongfully detaining him
in connection with a robbery allegedly committed by a relative of
Tillett at a foreign embassy in Belmopan. Tillett reported that police
took him from his home, detained him for a prolonged period, and denied
him needed medical attention before releasing him without charge.
The law requires police to follow the Judges' Rules, a code of
conduct governing police interaction with arrested persons. Although
judges sometimes dismissed cases in violation of the Judges' Rules,
they more commonly deemed confessions obtained through violation of
these rules to be invalid. Judges usually granted detainees timely
access to family members and lawyers, although there were occasional
complaints that inmates were denied access or a telephone call after
arrest.
Persons charged with minor offenses are eligible for bail, but
persons charged with prescribed crimes, such as murder, gang activity,
and specified drug-trafficking or sexual offenses must apply to the
Supreme Court for bail.
Case backlogs in the docket often caused considerable delays and
postponement of hearings, occasionally resulting in prolonged pretrial
detention. The time lag between arrests, trials, and convictions ranged
from eight months to two years.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice. Persons have the right to bring legal actions
for alleged violations of rights protected under the constitution,
regardless of whether there is also implementing legislation.
Trial Procedures.--The law provides for all citizens the right to a
fair trial, and an independent judiciary generally enforced these
rights. Decisions and judgments for lesser crimes are generally issued
by a magistrate after deliberating on the arguments presented by the
prosecution and defense.
Legislation passed in August stipulates that nonjury trials are
mandatory for trials relating to murder, attempt to murder, abetment of
murder, and conspiracy to commit murder. These cases are to be tried
before a Supreme Court judge sitting alone. The legislation was passed
despite public opposition by individuals, legal practitioners, and
human rights activists. It was scheduled to enter into effect in 2012.
Defendants enjoy a presumption of innocence and have the right to
defense by counsel, a public trial, and appeal. Defendants also have
the right to be present at their trial unless the court determines that
the opposing party has a substantiated fear for his/her safety, in
which case the court can grant interim provisions that both parties be
addressed individually.
A Legal Aid and Advice Center, staffed by one attorney, provides
legal services in civil and minor criminal cases in various courts
including the magistrate courts, Family Court, and Supreme Court. The
Supreme Court's registrar has the responsibility of appointing an
attorney to act on behalf of indigent defendants charged with murder.
The constitution and law allow defendants to confront and question
witnesses against them and to present witnesses on their behalf.
Defendants have the right to produce evidence in their defense and
examine evidence held by the opposing party or the court.
Lengthy trial backlogs remained during the year. Judges often were
slow to issue rulings, sometimes taking a year or longer. The rate of
acquittals and cases withdrawn by the prosecution due to insufficient
evidence and/or witnesses continued to be high, particularly for murder
and gang-related cases, often due to failure of witnesses to testify
because of fear for life and personal safety. A 2010 law allows written
statements by witnesses to be admitted into evidence in place of court
appearances, which led judges to require a high degree of proof prior
to admitting such statements.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Citizens may seek civil
remedies for human rights violations. Most civil suits are heard in the
Supreme Court, but the magistrates' courts have jurisdiction over civil
cases involving sums of less than BZ$5,000 ($2,500). In addition to
civil cases, the Supreme Court has jurisdiction over cases involving
human rights issues. The backlog of civil cases in the Supreme Court
was significant and increased during the year.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and
government authorities generally respected these prohibitions in
practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. The
constitution, however, permits authorities to forbid any citizen from
questioning the validity of financial disclosure statements submitted
by public officials. Anyone who questions these statements orally or in
writing outside a rigidly prescribed procedure is subject to a fine of
up to BZ$5,000 ($2,500), imprisonment of up to three years, or both.
There were no reports that this prohibition was invoked during the
year.
Internet Freedom.--There were few government restrictions on access
to the Internet and no credible reports that the government monitored
e-mail or Internet chat rooms. Individuals and groups could engage in
the expression of views via the Internet, including by e-mail.
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.--See the Department of State's
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 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 U.N. 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.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status, but the government has not
established a system for providing protection to refugees. The
nongovernmental organization (NGO) Help for Progress, the UNHCR's
implementing partner in the country, assisted with refugee and asylum
cases. The Immigration and Nationality Department handles individual
cases but has not issued refugee permits in almost 15 years.
The Immigration Department worked with Help for Progress to
determine eligibility for persons claiming refugee status or asylum.
Help for Progress reduced its outreach work with immigration officials
working on the border and its prison visits because of human resource
constraints and budget cuts. The NGO reported an increase in asylum
seekers who claimed to be victims of, or threatened by, gangs and
organized crime, primarily from El Salvador and Guatemala. Help for
Progress also operated a government-subsidized shelter for asylum
applicants and refugees. The Immigration Department generally offers
renewable special residency permits for periods of 60 to 90 days to
asylum seekers with the possibility of permanent residency and
citizenship after extensive stays.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held by secret ballot and
based on universal suffrage for all citizens age 18 and older.
Elections and Political Participation.--Recent Elections.--In
February 2008 the UDP obtained a parliamentary majority in generally
free and fair elections.
Participation of Women and Minorities.--There were five women,
among them the president, in the 12-member appointed Senate, but there
were no women in the 31-seat elected House of Representatives. Mestizo,
Creole, Maya, Garifuna, Mennonite, and other minority and immigrant
groups participated in the National Assembly and at high levels of
government.
There were no elected women in the national parliament and no
female ministers, although there were several deputy ministers (known
as chief executive officers). In March the National Women's Commission
launched a collaborative initiative to explore ways to increase the
participation of women at the highest level of decision making.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
there were no successful prosecutions on that charge. The World Bank's
worldwide governance indicators reflected that corruption continued to
be a problem.
From July through November, the media occasionally reported the
claim of several NGOs that the Forest Department in the Ministry of
Natural Resources and Environment was ignoring or facilitating the
illegal trade of rosewood.
In November an employee of the San Pedro Magistrate's Court was
charged with five counts of forgery. At year's end the employee was in
detention awaiting trial.
In December the media reported that on November 16, at the Benque
Viejo border crossing with Guatemala, two foreigners alleged that
immigration officials extorted 10,000 Mexican pesos (approximately
$715) from them and sexually harassed one of them. The Ministry of
Defense and Immigration declared that it had initiated an internal
investigation.
On December 22, the media reported a leaked internal memo from
state-run Karl Heusner Memorial Hospital that alleged corrupt hiring
and procurement practices.
In July, in the case involving six immigration officials charged in
October 2010 with offenses relating to the transit of 33 Chinese
nationals through the country, a magistrate ruled during a preliminary
inquiry that there was insufficient evidence to proceed with
prosecution. The Prosecutor's Office indicated its intention to
reinstitute charges once the police completed further investigations,
but at year's end the case remained under investigation and had not
resulted in new charges.
At year's end four police officers arrested in November 2010 on
drug charges remained on interdiction but were free on bail and
awaiting trial.
The Prevention of Corruption in Public Life Act requires public
officials to submit annual financial statements, which are reviewed by
the Integrity Commission. The commission was not active throughout the
year.
The law provides for public access to documents of a ministry or
prescribed authority upon written request, although it protects a
number of categories, such as documents from the courts or those
related to national security, defense, or foreign relations. The
government must supply to the Office of the Ombudsman a written reason
for any denial of access, the name of the person making the decision,
and information on the right to appeal.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic 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.
Government Human Rights Bodies.--The ombudsman, although appointed
by the government, acts as an independent check on governmental abuses.
The Office of the Ombudsman holds a range of procedural and
investigative powers, including the right to enter any premise to
gather documentation and the right to summon persons. However, the
office operated under staffing and financial constraints. The ombudsman
reported an inability to complete her required annual report in 2009
and 2010. Similarly, the Human Rights Commission, an independent,
volunteer-based government agency, continued to operate but only on an
ad hoc basis and was constrained by funding and staffing limitations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the government generally
enforced these prohibitions.
Women.--Rape and Domestic Violence.--The criminal code criminalizes
rape, including spousal rape. The code states that a person convicted
of rape or marital rape shall be sentenced to imprisonment of eight
years to life, although in practice sentences were sometimes much
lighter. Generally, challenges to the wider justice system resulted in
poor conviction rates for rape offenses. A number of cases resulted in
acquittals or discontinuance because the accusing party dropped the
charges or refused to testify at trial (see section 1.e., Trial
Procedures). In many instances the failure to proceed with a case was
caused by the victim's fear for personal safety. The BPD reported that
incidences of rape increased to 27 cases while the number of arrests
decreased to 14 during the year, compared with 21 cases reported and 16
arrests in 2010. Underreporting of rape was likely due to perceived
inefficiencies in the police and judicial systems as well as fear of
further violence, retribution, and social stigma.
Domestic violence is frequently prosecuted with charges such as
``harm,'' ``wounding,'' ``grievous harm,'' rape, and marital rape.
Police, prosecutors, and judges recognize both physical violence and
mental injury. Penalties include fines or imprisonment for violations;
the level of fine or length of sentence depends on the crime. The law
empowers the Family Court to issue protection orders against accused
offenders. Persons who may apply for protection orders against domestic
violence include de facto spouses or persons in visiting relations.
Protection orders may remain in place for up to three years and may
include a requirement for child maintenance where applicable.
The Women's Department continued its program of ``gender
sensitization,'' as well as its campaign against gender-based and
domestic violence. The department also continued a batterers'
intervention and prevention program for men who are abusive to women.
It received referrals from both the criminal and civil courts.
In August the Women's Department, Ministry of Health, and Pan
American Health Organization hosted a national consultation workshop to
evaluate the system in which service providers identify and refer
victims and record and report cases of gender-based violence.
During the year a male police officer from the Domestic Violence
Unit of the Police Department undertook training in Canada with support
of the Women's Department.
Despite these efforts domestic violence against women remained a
significant problem; information regarding the number of cases during
the year was not available. Domestic violence likely was most prevalent
in the Belize District, which includes Belize City. There were two
women's shelters in the country (with a total of 18 beds) that offered
short-term housing.
Although sexual harassment legislation exists, the legal framework
remained unchanged and, according to the Women's Department, was
largely ineffective, since the fear of dismissal without compensation
remained a major deterrence to filing complaints.
In January an assistant commissioner of police was investigated for
sexually assaulting a female officer. The officer ranked third in
command at the Belize Police Department and had served for 26 years.
The PSB investigated the case before transferring it to the Director of
Public Prosecution. At year's end the case was concluded as the
complainant requested no further action.
In July police began an investigation of a police constable who was
suspected of ``carnal knowledge'' (statutory rape) of a 13-year-old
girl who subsequently became pregnant.
On December 21, the media reported that Supreme Court Justice Denis
Hanomansingh ruled that a 36-year-old man accused of ``carnal
knowledge'' of a 14-year-old girl must marry the girl to receive bail.
Reproductive Rights.--Couples and individuals have the right to
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. Programs undertaken by the
Ministry of Health and the Belize Family Life Association provided
information and access to family planning and reproductive health
services; skilled personnel attended 95 percent of births.
Contraceptive use for married women was estimated to be 34 percent.
Discrimination.--Despite legal provisions for gender equality, the
media continued to report that women faced social and economic
discrimination. The Labour (Amendment) Act, 2011, was enacted during
the year. The act provides generally for the continuity of employment
and protection against unfair dismissal, including for sexual
harassment in the work place or by the employer or another employee. It
also addresses procedures for the termination of contract and
establishes a labor complaints tribunal.
There were no legal impediments to women owning or managing land or
other real property. Despite participating in all spheres of national
life, women held relatively few top managerial positions. Although the
law mandates equal pay for equal work, women earned 45 percent less
than men did for similar or equal work and experienced a more rapidly
increasing unemployment rate than men. Fifty percent of women
participated in the labor force, compared with 83 percent of men.
The Women's Department under the Ministry of Human Development and
Social Transformation is responsible for programs to improve the status
of women. A number of NGOs focused on women's issues also worked
closely with various government ministries to promote social awareness
programs relating to gender equality.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory, regardless of the nationality of the
parents. Citizenship may also be acquired by descent if at least one
parent is a citizen of the country; however, citizenship by descent is
not automatic for a child born outside the country. The law requires
the registration of the birth of children within 42 days of birth. In
February UNICEF, in coordination with relevant government agencies,
launched a campaign targeting unregistered children under the age of 18
with the goal of achieving 100 percent registration.
Child Abuse.--There was no data available regarding the number of
cases reported during the year of domestic violence and cases of sexual
abuse against children under 14. From January through June 2010, there
were 81 cases of domestic violence against children under age 14 and 18
cases of sexual abuse against children under age 14. In many cases the
government was unable to prosecute individuals for such abuse because
the victims or their families were reluctant to press charges.
The law allows authorities to remove a child from an abusive home
environment and requires parents to maintain and support children until
the age of 18.
The Family Services Division in the Ministry of Human Development
and Social Transformation is the government office with the lead
responsibility for children's issues. The division coordinated programs
for children who were victims of domestic violence, advocated remedies
in specific cases before the Family Court, conducted public education
campaigns, investigated cases of trafficking in children, and worked
with local and international NGOs and UNICEF to promote children's
welfare.
Sexual Exploitation of Children.--The legal age for consensual sex
is 16. ``Carnal knowledge'' of a female child under the age of 14, with
or without her consent, is an offense punishable by 12 years' to life
imprisonment. Unlawful carnal knowledge of a girl who is 14 to 16 is an
offense punishable by five to 10 years' imprisonment.
There were reports that children of both sexes were involved in
prostitution, including sex tourism. Paid sex with a 16- or 17-year-old
is a crime. The law criminalizes the procurement or attempted
procurement of unlawful carnal knowledge with a female who is under the
age of 18 and who is not a common prostitute or of ``known immoral
character"; an offender is liable to five years' imprisonment.
The criminal code establishes a penalty of two years' imprisonment
for persons convicted of publishing or offering for sale any obscene
book, writing, or representation.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts. There
were fewer than 10 members in the Jewish community.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--Although the law does not expressly
prohibit discrimination against persons with physical and mental
disabilities, the constitution provides for the protection of all
citizens from any type of discrimination. The law does not provide for
accessibility for persons with disabilities.
Informal government-organized committees for persons with
disabilities were tasked with public education and enforcing
protection. Private companies and NGOs provided services to persons
with disabilities. The Ministry of Education maintained an educational
unit offering limited special education programs within the regular
school system. There were two schools and four special education
centers for children with disabilities.
The prime minister's wife continued advocacy campaigns on behalf of
persons with disabilities, partnered with CARE-Belize to promote
schools that made efforts to create inclusive environments for persons
with disabilities, and proposed a program for Belize City to support
children with disabilities. In November construction started on a
mental health day-care resource center in Belize City to facilitate
social support and training for income generation of the homeless and
people with mental health problems as well as provide daily meals,
medical referrals, and recreation activities for beneficiaries.
Indigenous People.--Among the country's indigenous population, the
Mopan and Kekchi historically have been characterized under the general
term Maya, although self-proclaimed leaders more recently asserted that
they should be identified as the Masenal (common people). The Maya
Leaders' Alliance, which comprised the Toledo Maya Cultural Council,
Kekchi Council of Belize, Toledo Alcaldes Association, and Toledo Maya
Women's Council, monitored development in the Toledo District with the
goal of protecting Mayan land and culture.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not protect
sexual orientation or gender identity. The criminal code states that
``carnal intercourse'' with any person ``against the order of nature''
shall receive a punishment of 10 years' imprisonment. In practice the
law was interpreted as including only sex between men.
The extent of discrimination based on sexual orientation was
difficult to ascertain due to lack of reporting instances of
discrimination through official channels.
United Belize Advocacy Movement (UNIBAM), the country's sole
lesbian, gay, bisexual, and transgender advocacy organization, reported
that continuing harassment and insults by the general public and police
affected its activities, but its members were reluctant to file
complaints. There were no gay pride marches organized during the year
due to UNIBAM membership concerns over the public's possible adverse
reaction. UNIBAM challenged the law on ``carnal intercourse'' as
unconstitutional. The case was scheduled to be heard before the Supreme
Court on December 4 but was postponed to January 2012.
Other Societal Violence or Discrimination.--There was some societal
discrimination against persons with HIV/AIDS, and the government worked
to combat it through the public education efforts of the National AIDS
Commission under the Ministry of Human Development. NGOs such as the
Pan American Social Marketing Organization also actively countered
discrimination against persons with HIV/AIDS. The Labour (Amendment)
Act, 2011, enacted during the year, provides for the protection against
unfair dismissal, including for HIV status.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law generally protects workers' right to establish and join trade
unions, conduct legal strikes, and bargain collectively. The law also
prohibits antiunion discrimination and protects against dissolution or
suspension of unions by administrative authority. The Ministry of Labor
recognizes unions and employers associations after they are registered,
and the law establishes procedures for the registration and status of
trade unions and employers organizations and for collective bargaining.
Strikes or other actions are not prohibited in general, even for
essential services, but the law allows authorities to refer disputes
involving public and private sector employees who provide ``essential
services'' to compulsory arbitration, prohibit strikes, and terminate
actions. The national fire service, postal service, monetary and
financial services, civil aviation and airport security services, and
port authority pilots and security services are deemed essential
services.
In general the government effectively enforced applicable laws
without lengthy delays and appeals. Workers can file complaints with
the ministry's Labor Department or seek redress from the courts, but it
was generally difficult to prove that a termination was due to union
activity. The law provides for reinstatement for workers fired for
union activity, although in practice the courts provided monetary
compensation as opposed to reinstatement.
Unions were independent of government and political parties. There
were no reports of government interference in union activities.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor. The government effectively
enforced these provisions in general, although there were some reports
of forced or compulsory labor.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14. Persons ages 14
to 18 may be employed only in an occupation that a labor officer has
determined is ``not injurious to the moral or physical development of
nonadults.'' Children under age 16 are excluded from work in factories,
and those under age 18 are excluded from working at night or in certain
kinds of employment deemed dangerous. The National Child Labor Policy,
enforced by the Department of Labor and the National Commission for
Families and Children, contains a list of hazardous occupations for
young workers.
The law permits children to work on family farms and in family-run
businesses. National legislation does not address a situation in which
child labor is contracted between a parent and the employer. The
National Child Labor Policy distinguishes between children engaged in
work that is beneficial to their development and those engaged in the
worst forms of child labor. The policy identifies children involved in
the worst forms of child labor as those engaged in hazardous work,
trafficking and child slavery, commercial sexual activities, and
illicit activities.
The Department of Labor has primary responsibility for implementing
labor policies and enforcing labor laws but had limited resources to
investigate complaints. Inspectors from the labor and education
departments are responsible for enforcing these regulations. The
penalty for employing a child below minimum age is a fine not exceeding
BZ$20 ($10) or imprisonment not exceeding two months. On a second
offense, a fine not exceeding BZ$50 ($25) or imprisonment not exceeding
four months is stipulated. There was no information on whether child
labor laws were well enforced. There is also a National Child Labor
Committee under the National Committee for Families and Children that
advocates for policies and legislation to protect children and
eliminate child labor.
In November the government, in collaboration with UNICEF, hosted
the first State of the Nation Children's Conference. In October the
government, in collaboration with the prime minister's wife, hosted a
workshop for persons working in the tourism industry to examine sex
tourism. The workshop built on the National Symposium on the Commercial
Sexual Exploitation of Children, which the government held in August.
Children were engaged in the worst forms of child labor in rural
areas, and they often worked on family plots and family businesses
after school, on weekends, and during vacations. There also were
reports that children of migrant workers helped their parents during
the harvest period to increase family income. In addition children in
urban areas worked shining shoes and as street vendors.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The national minimum wage was
BZ$3.10 ($1.55) per hour. A full-time worker receiving the minimum wage
earned between one and one-half and two times the poverty-limit income,
depending on the district. The law sets the workweek at no more than
six days or 45 hours and requires premium payment for overtime work.
Workers are entitled to two working weeks' paid annual holiday.
Additionally, there are 13 days designated as public and bank holidays.
Employees who work on public and bank holidays are entitled to pay at
time and a half except for Good Friday and Christmas, which are paid at
twice the normal rate.
Several different health and safety regulations cover numerous
industries. The law, which applies to all sectors, prescribes that the
employer must take ``reasonable care'' for the safety of employees in
the course of their employment. The law further states that every
employer who provides or arranges accommodation for workers to reside
at or in the vicinity of a place of employment shall provide and
maintain sufficient and hygienic housing accommodations, a sufficient
supply of wholesome water, and sufficient and proper sanitary
arrangements. Workers have the legal right to leave a dangerous
workplace situation without jeopardy to continued employment.
The Ministry of Labor enforced the minimum wage and health and
safety regulations to varying degrees. The ministry's Department of
Labor had 23 labor officers in 10 offices throughout the country. Fines
vary according to the infraction but generally are not very high. It
was unclear whether penalties served as a deterrent. During the year
the department addressed discrimination based on HIV in the workplace
by publishing a pamphlet, making public service announcements on
television, and holding a workshop for employers.
The minimum wage was generally respected in practice. Nevertheless,
anecdotal evidence from NGOs and employers suggested that undocumented
Central American workers, particularly young service workers and
agricultural laborers, were regularly paid below the minimum wage.
__________
BOLIVIA
executive summary
Bolivia is a constitutional, multiparty republic. In December 2009,
in a process deemed free and fair by international observers, citizens
reelected Evo Morales Ayma, leader of the Movement toward Socialism
(MAS) party, as president. Security forces reported to civilian
authorities.
The principal human rights problems reported were arbitrary or
unlawful deprivation of life, arbitrary arrest or detention, and denial
of fair public trial.
Other human rights problems included harsh prison conditions,
official corruption, lack of government transparency, violence and
discrimination against women, and trafficking in persons.
The government took steps in some cases to prosecute officials who
committed abuses, whether in the security services or elsewhere in the
government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There was one report
that the government or its agents committed arbitrary or unlawful
killings during the year. On February 11, Sublieutenant Grover Poma
Guanto died two days after being beaten at the Condores of Bolivia
School in Sanandita. Sublieutenants Jorge Castro Urena, Rudy Gerardo
Flores Herrera, Franz Eduardo Garcia, and Roberto Roya Velasquez were
charged with the killing. Initially the case was heard by military
courts, but it was transferred to the ordinary justice system for
trial. The military courts appealed to the constitutional tribunal to
maintain jurisdiction, but the case had not been heard by year's end.
In the May 2010 case of Bolivian National Police (BNP) officers who
allegedly killed two youths and injured 29 in the La Paz departmental
town of Caranavi, the Prosecutor's Office presented charges against
five officers: Colonel Roberto Torrez, Colonel Carlos Saravia,
Commander Julio Cruz, Commander Americo Romero, and Commander Rolando
Ramos. The lawyer for the victims, Jorge Quiroz, attempted to charge an
additional eight officers in the case; he complained that, while the
cases against the protesters were moving swiftly, the charges against
the police were progressing very slowly and continued under
investigation. After Quiroz accepted the case, the government charged
him with defamation after raising other potential charges (pimping and
drug trafficking) in 2010.
The May 2010 case involving community members who captured and then
reportedly tortured and executed four police officers in the town of
Uncia, Potosi Department, was moved to the city of Potosi for trial.
Five suspects were accused of the killing, although at year's end only
three had been arrested. The investigation phase of the case was
completed.
In connection with the July 2010 case in which El Alto resident
David Olorio Apaza was allegedly tortured and killed while in BNP
custody, police lieutenants Ronald Saravia and Cristian Vargas were
being held in preventive detention. The case was under investigation at
year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
In the February 2010 case in which the Armed Forces commander in
chief denied a civilian investigator access to archived reports of
approximately 150 persons ``disappeared'' during the 1970s and 1980s,
the Supreme Court ordered the documents declassified in April 2010. By
year's end they had not been released.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and laws prohibit such practices, but
there was one report that government officials employed them during the
year.
On August 5, Jose Cantoral and three other Peruvians were arrested
on terrorism charges. Cantoral was held in detention for 22 days
without due process or access to a lawyer while the government
determined his refugee status. The three others were extradited to
Peru. According to the country's Permanent Assembly of Human Rights and
the U.N. high commissioner for refugees, Cantoral was subjected to
psychological and physical torture. On December 6, he was released from
house arrest while the investigation continued.
The March 2010 case in which six police officers of the Special
Tactical Crime Investigation Group in Cochabamba reportedly tortured a
Colombian citizen was closed without a trial, and the charges dropped
in January.
In the April 2010 case of Justo Romero Limon, who alleged he was
tortured for four hours by persons who he claimed were BNP members, the
Prosecutor's Office was unable to identify the police officers
allegedly involved, and at year's end the case remained open.
Prison and Detention Center Conditions.--Prison conditions were
harsh. Prisons and detention centers were overcrowded and in poor
condition. There were 9,130 inmates in facilities designed to hold
4,700. Pretrial detainees were often held in the same areas as
convicted criminals. Corruption was a problem among low-ranking and
poorly paid guards and prison wardens. Prisoners had access to potable
water, but the standard prison diet was insufficient, and prisoners who
could afford to do so supplemented rations by buying food. The law
provides that prisoners have access to medical care, but care was
inadequate, and it was difficult for prisoners to obtain permission for
outside medical treatment A prisoner's wealth often determined cell
size, visiting privileges, day-pass eligibility, and place and length
of confinement.
Violence among prisoners remained a problem. According to the
Therapy and Research Institute, there were many claims of abuse within
detention centers before arrestees were sent to prisons. According to
the ombudsman, in some prisons inmates were forced to pay other inmates
a ``life insurance'' fee of 3,500 to 10,500 bolivianos (approximately
$500 to $1,500). Until they paid this fee, they were often beaten and
tortured by other inmates.
There were separate prisons for women, except for Morros Blancos
Prison in Tarija, where men and women shared facilities. Sleeping
quarters were segregated, but the population comingled daily.
Conditions for female inmates were similar to those for men; however,
overcrowding at the San Sebastian women's prison in Cochabamba was
worse than in most prisons for men.
According to Ministry of Government officials, 1,000 convicted
juveniles (ages 16 to 21) were not segregated from adult prisoners in
jails. Adult inmates reportedly abused juvenile prisoners. Four
convicted female juveniles were serving their sentences in the Center
for Women's Therapy Counseling, a women's shelter in La Paz, partially
segregated from the abuse victims. Rehabilitation programs for
juveniles or other prisoners were scarce. Pretrial detainees were held
with convicted prisoners.
Although the law permits children up to the age of six to live with
an incarcerated parent, children as old as 12 lived with their parents
in prisons. According to the human rights ombudsman, 1,487 children
lived with a parent in prison, usually their mother. The number
sometimes doubled during school vacations.
Prison detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners to
submit complaints periodically to a commission of district judges to
investigate. However, inmates frequently did not submit complaints of
abuses because they feared retaliation by prison authorities.
The government generally permitted prison visits by independent
nongovernmental observers, judges, and media representatives, and such
visits took place during the year.
On February 22, a prison for juveniles designed to hold up to 150
detainees was opened with financing from a foreign nongovernmental
organization (NGO).
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but in some cases security forces seized and held
individuals under legally questionable circumstances.
On September 7, former Central Bank president (1995-2006) Juan
Antonio Morales was arrested for illicit enrichment based on bonuses
that he received and provided to bank employees in 1995-97. The
practice was legal at the time, and bonuses were considered part of
employees' salaries. The case was widely criticized as politically
motivated. Morales was released to house arrest, and the case remained
under investigation at year's end.
The case of former president of the Chamber of Industry and
Commerce Eduardo Paz, arrested in 2010 without a warrant for alleged
connection to terrorism, was closed early in the year and charges were
dropped.
Jorge Melgar Quete, leader of the National Revolutionary Movement
(MNR) party, remained in detention awaiting trial after his 2008 arrest
for publicly calling for the ``liquidation'' of President Morales. On
June 23, the court denied Melgar's request for release from preventive
custody.
Role of the Police and Security Apparatus.--The national police
have primary responsibility in law and in practice for law enforcement
and maintenance of order within the country, but military forces may be
called to help in critical situations. The police report to the
Ministry of Government. The government has mechanisms to investigate
and punish abuse and corruption. There were no reports of impunity.
Arrest Procedures and Treatment While in Detention.--The law
requires an arrest warrant, and police must inform the prosecutor of an
arrest within eight hours. The law requires that a detainee see a judge
within 24 hours (except under a declared state of siege, in which a
detainee may be held for 48 hours), at which time the judge must
determine the appropriateness of continued pretrial detention or
release on bail. The judge must order the detainee's release if the
prosecutor fails to show sufficient grounds for arrest. Credible
reports indicated that in some cases detainees were held for more than
24 hours without court approval.
Pretrial Detention.--Judges have the authority to order preventive
detention for suspects deemed a flight risk. If a suspect is not
detained, a judge may order significant restrictions on the suspect's
movements. Detainees generally had prompt access to their families and
were allowed access to lawyers, but approximately 70 percent could not
afford legal counsel, and public defenders were scarce and
overburdened. Suspects were not detained incommunicado.
Denial of justice due to prolonged detention remained a problem.
Although the law establishes that neither the investigatory phase nor
the trial phase of a case can exceed 36 months combined, the NGO
Construir estimated that in general 75 percent of suspects were held in
preventive detention longer than the legal limits. If the investigatory
process is not completed in 18 months, the detainee may request release
by a judge. However, judicial corruption, a shortage of public
defenders, inadequate case-tracking mechanisms, and complex criminal
justice procedures kept some persons detained for more than 18 months
before trial. According to Construir, more than 80 percent of detainees
were awaiting sentencing. Courts provided release on bail for some
detainees.
Children from 11 to 16 years of age may be detained indefinitely in
children's centers for known or suspected offenses or for their
protection on the orders of a social worker. There is no judicial
review of such orders.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but the judiciary was widely considered corrupt,
overburdened, and weakened by vacancies at its highest levels.
Authorities generally respected court orders, although charges were
sometimes levied against judges to pressure them to change their
verdicts.
Trial Procedures.--The constitution and law provide for the right
to a fair trial. Defendants enjoy the right to presumption of innocence
and to trial by jury. They also have the right to consult an attorney,
confront witnesses against them, present witnesses and evidence, access
government-held evidence, and file an appeal. Defendants who cannot
afford an attorney have the right to a public defender or private
attorney at public expense.
There was at least one abuse during the year. On September 18, the
detention of former Pando governor Leopoldo Fernandez of the Democratic
and Social Power (PODEMOS) party on charges of assault and homicide
exceeded the three year limit on detention without a conviction. By law
authorities should have released him from prison while awaiting trial,
but he was kept in prison on new, separate charges of corruption. On
February 25, Fernandez was transferred from the San Pedro prison to the
maximum-security Chonchocoro prison without a conviction. He was
returned to San Pedro prison on September 28. Because the trial was
moved to a different jurisdiction, his lawyers claimed there was an
additional human rights violation, since a case must be tried in either
the region of the supposed violation or the Supreme Court. The trial
began in June 2010, but as of year's end fewer than 20 of the 500
witnesses in the case had testified.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees. However, opposition members alleged
that charges against some elected officials were politically motivated.
On December 18, the U.N. expressed concern about the growing number of
judicial cases against political figures, particularly those in the
opposition.
On December 19, an arrest warrant was issued for Santa Cruz
governor Ruben Costas of the Truth and Social Democracy (VERDES) party
for contempt of court, but the charges were later suspended. On
December 16, PODEMOS party Beni governor Ernesto Suarez was suspended
from office due to charges of corruption. On February 17, former Pailon
mayor Marlene Jaldin Padilla of the MNR party was jailed on money
laundering and other charges, and on July 20, former Cotoca mayor
Estanislao Arauz of the regional Citizen Association ``Tiluchi'' party
was jailed on corruption charges. In November 2010 former Sucre mayor
Jaime Barron from the Social Integration Pact (PAIS) party was jailed
for harassing farmers and later placed under house arrest.
Since 2010 at least 30 elected officials were accused of crimes, an
action that by law obliges representatives to step down from their
positions during the investigation. These persons received the same
protection as other detainees and had the same access to humanitarian
organizations.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters. The law provides for
criminal remedies for human rights violations. At the conclusion of a
criminal trial, the complainant can initiate a civil trial to seek
damages. The ombudsman for human rights can issue administrative
resolutions on specific human rights cases, which the government may
enforce.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions.
In the case of raids by authorities on the homes of the lawyers for
the victims of the May 2010 alleged police killings in Caranavi (see
section 1.a.), the Ministry of Government claimed contempt of court by
the lawyers. The lawyers declared themselves victims of persecution,
and an investigation continued at year's end.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press. Although the
government generally respected these rights, it initiated some
restrictions on press freedom. There were also some instances of
violence or harassment.
Freedom of the Press.--The law provides for freedom of the press.
Although the government generally respected this right, it maintained
an antagonistic relationship with the press.
The July 4 electoral law introduced restrictions on publicizing
information about candidates in the October 16 judicial elections. The
regulations prohibited candidates from campaigning and restricted the
press from reporting unauthorized coverage of, or support for,
individual candidates. Several main media organizations criticized the
restrictions, stating they violated ``the constitution that provides
for freedom of expression, opinion, and information of both journalists
and ordinary citizens."
The August 8 Telecommunications Law calls for the redistribution of
broadcasting licenses and provides the government with 33 percent of
them. The Bolivian Broadcasting Association complained the law would
``restrict the liberty of expression'' and stated it could lose 400
broadcasters to the government when their licenses expire in 2017.
Violence and Harassment.--There were some reports of violence
against the press and harassment by the government. On April 15, police
attacked Red Uno camera operator Israel Gutierrez, Bolivision camera
operator Carlos Saavedra, and Pagina Siete photographer Henry Ponce
during a confrontation between police and a workers' union outside La
Paz. Police broke the cameras of Gutierrez and Saavedra and seized the
memory cards of Ponce's camera. Civilians attacked two other reporters.
As of year's end the government had not opened an investigation.
On July 11, the editor of El Sol de Pando newspaper, Wilson Garcia
Merida, accused the MAS governor of Pando Department, Luis Flores
Roberts, of having ordered the seizure of 2,000 copies of an issue of
the newspaper to prevent the dissemination of a report alleging
irregularities in the management of the regional authority (see section
4). On July 28, Ricardo Torres, legal affairs clerk of the state
government, rejected the charge.
In September journalist Monica Oblitas reported receiving anonymous
threatening telephone calls and e mails since April 4, when La Paz
newspaper La Prensa published her report about medical forensics doctor
Erika Hinojosa, who allegedly produced false medical documents in
exchange for money. Oblitas stated that her son had left the country
due to safety concerns.
In September, during a confrontation between protesters in Beni,
residents attacked Samy Schwartz, a photojournalist for several
newspapers, after he took pictures of the protesters' blockade. Radio
Fides reporter Cesar Tamayo suffered injuries and had his equipment
destroyed when blockade participants beat him for reporting on the
situation. Police were present at the time and did not defend Schwartz
or the other reporters. Authorities did not investigate the incident
(see section 2.b.).
Censorship or Content Restrictions.--The law provides that a person
found guilty of insulting, defaming, or slandering public officials for
carrying out their duties may be detained from one month to two years.
The sentence is doubled for insults directed against the president,
vice president, or a minister. Journalists accused of violating the
constitution or law are referred to the Press Tribunal, an independent
body authorized to evaluate journalists' practices and apply sanctions.
On July 18, journalist Richard Romero was detained for distributing
a documentary that allegedly defamed President Morales. Romero was
released after 48 hours, but the case remained open.
The October 2010 Law against Racism and All Forms of Discrimination
empowers the government to shut news outlets and arrest journalists for
publishing content it deems racist. No one was arrested under this law
during the year.
Libel Laws/National Security.--Some national and local authorities
occasionally used libel laws to suppress criticism. In March journalist
Mario Caro of Radio Kollasuyo in Potosi was accused of libel after
making various accusations of irregularities against authorities in the
Office of the Secretary of the Environment in Potosi. Investigation of
the case continued at year's end.
In September Prosecutor Marcelo Soza accused VERDES party Santa
Cruz governor Ruben Costas of slander after Costas made comments about
him in a case. On December 19, a court issued an arrest warrant for
Costas for failure to appear in court. At year's end Costas had not
been arrested.
During the year the September 2010 sentence against former
president Jorge ``Tuto'' Quiroga of the National Democratic Action
(AND) party for defamation was commuted, and he did not serve time in
jail.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
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 peaceful assembly, and
authorities generally respected this right in practice. Although the
law requires a permit for most demonstrations, the government rarely
enforced the law, and most protesters demonstrated without obtaining
permits, frequently blocking major thoroughfares and highways.
While most demonstrations were peaceful, occasionally demonstrators
carried weapons, including clubs, machetes, firearms, and dynamite.
Security forces (police and on occasion the military) at times
dispersed protest groups carrying weapons or threatening government and
private facilities.
On September 25, police forces in Yucumo, Beni, used tear gas and
other methods to disband a march by indigenous leaders protesting the
construction of a highway through their land. Police temporarily
detained dozens of marchers, and some were injured in the incident. The
government ombudsman claimed there was no justification for the
``violent intervention'' by police. The government announced it would
investigate the intervention and asked international organizations to
assist. Minister of Government Sacha Lorenti and his deputy, Marcos
Farfan, were forced to resign, and Police Commander Oscar Munoz was
arrested over the incident. At year's end the ombudsman found the
police used unnecessary force and committed other human rights
violations. Other investigations into the incident continued at year's
end.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. However, the law prohibits travel 24 hours before elections
and restricts foreign and domestic travel for up to three months as a
penalty for persons who do not vote.
The government cooperated with the Office of the U.N. 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.
Protection of Refugees.--Access to Asylum.--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 through the National Commission on Refugees.
Refugee Abuse.--On August 5, Jose Cantoral, a Peruvian, was
arrested on terrorism charges and held in detention for 22 days without
due process or access to a lawyer while the government determined his
refugee status. He was released from house arrest on December 6,
although the investigation against him continued (see section 1.c.).
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. Many
citizens of voting age, particularly in rural areas, lacked the
identity documents necessary to vote. A broad spectrum of political
parties and citizens' groups functioned openly. Elections for national
offices and municipal governments are scheduled every five years.
Elections and Political Participation.--Recent Elections.--
Monitoring groups from the Organization of American States, the EU, and
the Carter center considered the 2009 national presidential and
legislative elections peaceful, free, and fair.
The nation's first judicial elections, held on October 16, were
deemed free and fair by observers from the Organization of American
States and the Union of South American States. However, electoral laws
prohibited media access to the candidates prior to the elections (see
section 2.a.), and opposition leaders claimed the preselection of
candidates by congress rendered the vote ``legal but not legitimate."
Participation of Women and Minorities.--Half the candidates on
municipal election ballots must be women, a requirement that increased
female representation to approximately 30 percent of municipal council
positions. However, credible NGOs reported that women participating in
politics sometimes faced challenges to running for municipal offices in
the form of violence. There were 52 women among the 166 congressional
deputies and senators and 10 women in the 21-member cabinet. In the
October 16 judicial elections, the candidates for Supreme Court were
categorized by gender to encourage equal representation in the court.
The constitution and electoral law set aside seven special
indigenous districts to increase indigenous political participation in
congress.
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 in the executive, legislative, and judicial branches of
government often engaged in corrupt practices with impunity.
According to the World Bank's 2010 worldwide governance indicators,
government corruption and lack of transparency remained a serious
problem. A 2010 Transparency International study showed that 23 percent
of citizens reported paying at least one bribe within the previous 12
months.
In April the government passed a law aimed at reducing corruption
in the police force. Police corruption was a significant problem,
partially due to low salaries and lack of training, although no
reliable statistics existed to quantify its extent.
During the year Pando Governor Flores Roberts was accused of
corruption for creating front companies. Former employee Claudia
Silvana Salas reported the front companies to the police and was
subsequently arrested after being charged by the Flores Roberts family
for extortion. At year's end Salas was in detention, and her family
reported receiving anonymous threats.
The law requires public officials to report potential personal and
financial conflicts of interest. Likewise, public officials must
declare their assets. Cases involving allegations of corruption against
the president and vice president require congressional approval before
prosecutors may initiate legal proceedings. The Ministry of
Anticorruption and Transparency and the Prosecutor's Office are
responsible for combating corruption.
No laws provide 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
generally were cooperative and responsive to their views. However, NGOs
and the human rights ombudsman complained that government security
forces and ministries occasionally refused to cooperate with their
investigations.
Government Human Rights Bodies.--The constitution establishes a
human rights ombudsman with a six-year term. Congress chooses the
ombudsman by a two-thirds majority vote. The ombudsman is charged with
overseeing the defense and promotion of human rights, specifically
defending citizens against government abuses. The ombudsman operated
without party influence and with adequate resources from the government
and foreign NGOs. The ombudsman issued annual reports, and the
government usually accepted his recommendations.
The lower house of congress includes a permanent commission on
human rights, which proposes laws and policies to promote human rights.
Congressional deputies sit on the commission for one-year terms.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution explicitly prohibits discrimination based on race,
gender, disability, language, or social status.
Women.--Rape and Domestic Violence.--Rape was a serious and
underreported problem. Forcible rape of an adult is punishable by
sentences ranging from four- to 10-years' imprisonment. Spousal rape is
not a crime. The Santa Cruz prosecutor's office reported 700 cases of
rape and trafficking in persons during the year, although none went to
trial. National statistics were not available.
Violence against women was also a pervasive and underreported
problem. According to the NGO Center for the Information and
Development of Women (CIDEM), 70 percent of women had suffered
physical, sexual, or psychological abuse during their lifetime. The
center noted that such abuse was likely underreported. CIDEM also
reported that 43 women were killed by their partners during the year.
The Women's Federation of El Alto estimated that only one in seven
victims reported abuse to the police.
Family laws prohibiting mental, physical, and sexual violence
provide for fines or up to four days in jail unless the case involves a
crime subject to the penal code. However, these laws were enforced
irregularly. The government took few meaningful or concrete steps to
combat domestic violence.
In 2010 police registered 56,143 cases of family violence in which
the vast majority of victims were women. The police Family Protection
Brigade is responsible for combating domestic abuse but lacked
financial and structural support and personnel to pursue all reported
cases. In November the government and private organizations launched a
public awareness campaign focused on violence against women.
Sexual Harassment.--The law considers sexual harassment a civil
offense. There were no statistics on the incidence of sexual
harassment, but it generally was acknowledged to be widespread.
Reproductive Rights.--The government recognizes the basic right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children. Health clinics and local health
NGOs operated freely in disseminating information on family planning
under the guidance of the Ministry of Health and Sports. According to
the 2008 Demographic and Health Survey, the maternal mortality rate was
estimated to be 310 per 100,000 live births and the reported
contraceptive prevalence rate among married women was 34.6 percent.
However, only 24 percent of the women surveyed reported they were using
modern contraceptive methods.
The 2008 survey reported that 90 and 71 percent of women received
prenatal care and services of skilled birth attendants, respectively,
and that 85 percent of mothers and infants received postnatal care.
Improvement in these indicators was attributed to the Health Ministry's
policy of providing conditional cash transfers to women who register at
a health center and return for their prenatal visits, delivery, and
postpartum care. Legal services offices devoted to family and women's
rights operated throughout the country. The Maternal and Infant Health
Insurance Program provided health services to women of reproductive age
and to children under age five.
Discrimination.--Women are entitled to the same legal rights as
men, but many women were unaware of their rights. Women generally did
not enjoy a social status equal to that of men. Traditional prejudices
and social conditions remained obstacles to advancement. The minimum
wage law treats men and women equally; however, women generally earned
less than men for equal work. Women sometimes complained that employers
were reluctant to hire them because of the additional costs (mainly
maternity leave) in a woman's benefits package. The gender gap in
hiring appeared widest for positions requiring a higher education. Most
women in urban areas worked in the informal economy and the services
and trade sectors, including domestic service and microbusiness,
whereas in rural areas the majority of economically active women worked
in agriculture. Young girls often left school early to work at home or
in the informal economy. According to the armed forces, the percentage
of women entering the military had increased from 0.4 percent to 3
percent in the previous six years.
Children.--Birth Registration.--Citizenship is derived both through
birth within the country's territory (unless on diplomatic status) and
from one's Bolivian parent(s). Birth certificates are registered either
by a notary's affirmation of the certificate or through testimony of
two adults regarding a child's parentage. Registered birth certificates
are necessary to obtain national identification cards.
Child Abuse.--Sexual crimes against minors are automatically
considered crimes. The law criminalizes statutory rape, with prison
terms of 15 to 20 years for the rape of a child under the age of 14. In
cases involving consensual sex with an adolescent who is 14 to 18 years
of age, the penalty is two to six years' imprisonment. According to the
human rights ombudsman, during the year seven of 10 children were
physically or psychologically abused in their homes or at school.
Corporal punishment and verbal abuse were common in schools.
Child Marriage.--According to the Population Reference Bureau, 26
percent of women of the ages 20 to 24 were married by age 18. There is
no minimum age of consent.
Sexual Exploitation of Children.--Commercial sexual exploitation of
children, including child prostitution, was a problem, particularly in
the Chapare region and in urban areas, including Santa Cruz, La Paz, El
Alto, and Cochabamba. Several NGOs had active programs to combat child
prostitution. According to the human rights ombudsman, many children
living in the streets were exploited sexually.
The law criminalizes the commercial sexual exploitation of children
with penalties between 10 and 15 years in prison. The penalty for child
pornography involving children under 14 years of age is three to six
years in prison. The International Organization for Migration estimated
that there were 2,000 girls involved in prostitution.
Displaced Children.--According to the human rights ombudsman, 6,000
children lived in the streets of major cities, and 1,487 lived with
their parents in prison.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community numbered approximately 650
persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services. The law requires wheelchair access
to all public and private buildings, duty-free import of orthopedic
devices, a 50 percent reduction in public transportation fares for
persons with disabilities, and expanded teaching of sign language and
Braille. However, the government did not effectively enforce these
provisions. In addition societal discrimination kept many persons with
disabilities at home from an early age, limiting their integration into
society.
The National Committee for Persons with Disabilities is responsible
for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.There were some instances of
racial discrimination by police. According to the Public Ministry,
during the year there were 139 registered cases of discrimination or
racism, mostly in the provision of health and education services (other
government sectors did not report). Of these cases, 18 percent involved
verbal abuse, 15 percent were based on indigenous character or culture,
and 10.8 percent involved sexual discrimination against women. None of
the allegations resulted in more than administrative punishment.
Indigenous People.--In the 2001 census, approximately 62 percent of
the population over the age of 15 identified themselves as indigenous,
primarily from the Quechua and Aymara groups. The Inter-American
Commission on Human Rights reported that 70 percent of indigenous
persons lived in poverty or extreme poverty with little access to
education or minimal services to support human health, such as clean
drinking water and sanitation systems. The government carried out some
programs to increase access to potable water and sanitation in rural
areas where indigenous people predominated. The governmental Indigenous
Fund initiated support in 2010 for development projects designed to
primarily benefit indigenous communities. The fund had a budget of more
than 900 million bolivianos ($129 million) but allotted only 70 million
bolivianos ($10 million) for 82 projects in the year.
Indigenous lands were not fully demarcated, and land reform
remained a central political issue. Historically, some indigenous
persons shared lands collectively under the ``ayllu'' system, which was
not legally recognized during the transition to private property laws.
Despite laws mandating reallocation and titling of lands, recognition
and demarcation of indigenous lands were not fully accomplished.
The law states that indigenous peoples have the right to control
natural resources in their territories, but indigenous people protested
outside exploitation of their resources and sometimes complained that
authorities did not properly consult them. In August and September
indigenous leaders marched to protest the construction of a highway
through indigenous lands without prior consultation required by the
constitution and international conventions (see section 2.b.).
Indigenous persons were well represented in government and
politics, but they bore a disproportionate share of poverty and
unemployment. Government educational and health services remained
unavailable to many indigenous groups living in remote areas. The
government continued to try to improve individual and family situations
through the delivery of cash conditional transfers and retirement
payments to low-income persons and the elderly. For example, under the
cash conditional transfer program, pregnant women and children under
the age of two receive money if they undergo medical checkups.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination based on sexual orientation, including by police, and
citizens are allowed to change their name and gender on their official
identity cards. However, societal discrimination against gay, lesbian,
bisexual, and transgender persons was common and noted in local media
editorials.
Other Societal Violence or Discrimination.--The human rights
ombudsman reported that persons with HIV/AIDS faced pervasive
discrimination. There were few if any registered acts of violence
against persons with HIV/AIDS. No formal government programs existed to
combat HIV/AIDS discrimination, although such discrimination is
illegal.
The September 2010 case in which community members buried alive
three brothers in the Cochabamba town of Tapacari was in the trial
phase at year's end.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers freedom of association and the right to strike
with some exceptions, protects the right to organize and bargain
collectively, and prohibits antiunion discrimination. The 2009
constitution allows any working individual to join a union and provides
for the right to strike, although an older labor code provided
exceptions to this and was used as the regulatory base. Workers may
form a union in any private company of 20 or more employees, but the
law requires that at least 50 percent of the workforce be in favor. The
law requires prior government authorization to establish a union and
confirm its elected leadership, permits only one union per enterprise,
and allows the government to dissolve unions by administrative fiat.
The law also requires that members of union executive boards be
Bolivian by birth. According to the older regulatory code still in use,
public employees are expressly prohibited from forming unions. Unions
are permitted to affiliate with international organizations.
The law provides most workers with the right to strike, but it
requires unions to seek prior government mediation; the law has the
same requirement for employers before they initiate a lockout. A legal
strike requires the support of 75 percent of union workers. Workers who
participate in an unlawful strike may be sentenced to prison terms of
one to five years. The government may initiate compulsory arbitration
to end a strike or collective dispute in nonessential sectors.
Employees of government ministries are prohibited from striking.
Although excluded from the law, agricultural workers are permitted to
organize unions and strike. Employees serving in the public service
sector are prohibited from striking, specifically those in the public
administrative posts; the water, light, and energy sectors;
communications and banking; sanitary services; and public food-market
employment. The law prohibits antiunion discrimination and requires
reinstatement of employees illegally fired for engaging in union
activity.
The government effectively enforced applicable laws, but it was
slow to do so and continued to use a labor code that was superseded by
the constitution. The National Labor Court handles complaints of
antiunion discrimination, but rulings took a year or more. The court
ruled in favor of discharged workers in some cases and required their
reinstatement. However, union leaders stated that problems often had
been resolved or were no longer relevant by the time the court ruled.
In practice freedom of association was limited by government
regulations and overburdened labor courts. Moreover, the minimum
requirement of 20 workers proved an onerous restriction, as an
estimated 72 percent of enterprises had fewer than 20 employees. The
government had close ties with some umbrella labor organizations, such
as the Bolivian Workers' Union (Central Obrera Boliviana) and the
Confederation of Farm Workers. Labor inspectors are allowed to attend
union meetings and monitor union activities.
Public sector workers (including teachers, transportation workers,
and health-care workers) frequently went on strike, despite
prohibitions against strikes, and were not penalized for such actions.
These groups were also unionized and actively participated as members
of the Bolivian Workers' Union without penalty. General and solidarity
strikes are protected by the constitution but technically illegal based
on a 1951 Supreme Court decree; the government neither prosecuted nor
imposed penalties in such cases. Collective bargaining and voluntary
direct negotiations between employers and workers without government
participation was limited. Most collective bargaining agreements were
restricted to addressing wages.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. The government partially
enforced these laws. There were isolated cases of mostly indigenous
persons who incurred debts to their employers and were obligated to
work until the debt was repaid.
The government and private sector made significant strides to
eliminate forced labor in two historically troubled industries, Brazil
nuts and sugar. The government assigned extra labor inspectors to these
areas, and the local human rights ombudsman, with cooperation from the
private sector, created a plan to reduce the risks of forced and child
labor from reemerging in the industries.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all paid work by children under the age of 14. The law
prohibits a range of dangerous, immoral, and unhealthy types of work
for minors under 18. Labor law permits apprenticeship for 12- to 14-
year-old children with various formal but poorly enforced restrictions
that were criticized by the International Labor Organization (ILO).
Children under 14 worked in a variety of industries, including
historically dangerous sectors such as mining.
The Ministry of Labor is responsible for enforcing child labor laws
but in general did not do so effectively, including laws pertaining to
the minimum age and maximum hours for child workers, school completion
requirements, and health and safety conditions for children in the
workplace.
The Bolivian Institute for International Trade, with support from
the government, worked with the sugar association to eliminate child
labor throughout the sugar production chain. The institute created a
triple seal to certify that companies were free of child labor, forced
labor, and discrimination. Up to 500 sugar manufacturers participated
in the program, but none had received the triple seal by year's end.
Child labor remained a serious problem. According to the ILO, in
2008 an estimated 848,000 children between the ages of five to 17
worked at least one hour a week. Approximately 800,000 children were
under the age of 14 and working in risky labor conditions--354,000 in
urban areas and 446,000 in rural areas. The human rights ombudsman
estimated that more than 100,000 children worked eight to 12 hours a
day.
Urban children sold goods, shined shoes, and assisted transport
operators. Rural children often worked with parents from an early age,
generally in subsistence agriculture. Children generally were not
employed in factories or formal businesses, but when employed in such
situations, they often worked the same hours as adults. Children worked
as domestic servants and also in dangerous occupations such as gold,
silver, tin, and zinc mining as well as other areas in the informal
sector.
There were reports of Bolivian children subjected to forced labor
in neighboring countries.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--During the year the government
raised the minimum monthly wage to 815 bolivianos ($117) for the public
and private sectors. The official estimate of the poverty income level
in 2005 was 336 bolivianos ($48) per month. Labor laws establish a
maximum workweek of 48 hours and limit the workday to eight hours for
men. The laws also set a 40-hour workweek for women, prohibit women
from working at night, mandate rest periods, and require premium pay
for work above a standard workweek. The law provides for a minimum of
15 days' annual leave and grants workers the right to remove themselves
from dangerous situations without fear of losing their jobs.
In practice the government did not effectively enforce these laws.
The Ministry of Labor's Bureau of Occupational Safety has
responsibility for protection of workers' health and safety, but the
relevant standards were poorly enforced. There were fewer than 55
inspectors in the entire country to enforce health, safety, and
regulatory compliance. Five of these inspectors were dedicated
specifically to child labor. The law provides for penalties for
noncompliance, but enforcement was not effective, and the penalties
were insufficient to deter violations.
A national tripartite committee of business, labor, and government
representatives is responsible for monitoring and improving
occupational safety and health standards and enforcement. The Ministry
of Labor maintained offices for worker inquiries, complaints, and
reports of unfair labor practices and unsafe working conditions, but it
was unclear whether the offices were effective in regulating working
conditions. While the government did not keep official statistics,
there were reports that workers died due to unsafe conditions,
particularly in the mining and construction sectors. There were no
significant government efforts to improve conditions in these sectors.
An estimated two-thirds of workers were part of the informal
economy. There was no significant government effort to formalize or
enforce labor laws in this portion of the economy.
Working conditions in cooperative-operated mines remained poor.
Miners were self-employed and continued to work with no scheduled rest
for long periods in dangerous, unhealthy conditions.
__________
BRAZIL
executive summary
Brazil is a constitutional, multiparty republic. In October 2010
voters chose Dilma Rousseff as president in elections considered free
and fair. Security forces reported to civilian authorities.
The most significant human rights abuses included substandard
prison conditions; human trafficking, especially sex trafficking of
children and adolescents; and forced labor.
Other human rights problems included excessive force, beatings,
abuse, and torture of detainees and inmates by police and prison
security forces; prolonged pretrial detention and inordinate delays of
trials; violence and discrimination against women; violence against
children, including sexual abuse; violence based on sexual orientation;
discrimination against indigenous persons and minorities; insufficient
enforcement of labor laws; and child labor in the informal sector.
The government continued to prosecute officials who committed
abuses; however, lengthy appeals in the judiciary for some human rights
violators remained a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The federal
government or its agents did not commit politically motivated killings,
but unlawful killings by state police (military and civil) occurred. In
some cases police employed indiscriminate force. In a few cases,
civilians died during large-scale police operations conducted by law
enforcement officers. Credible reports indicated state police officials
continued to be involved in revenge killings and the intimidation of
witnesses who testified against police.
On February 15, authorities arrested 19 police officers in the
central state of Goias for belonging to a group that allegedly had
killed at least 40 persons since 1996. The officers claimed they
targeted adult male criminals, although women and children were among
the dead. Among those arrested was the deputy commanding general of the
state's military police, Colonel Carlos Cezar Macario.
On August 11, gunmen ambushed and killed Judge Patricia Lourival
Acioli in Niteroi, Rio de Janeiro State. Acioli was known for taking a
hard line against corrupt police officers. On September 27, authorities
arrested Lieutenant Colonel Claudio Luiz de Oliveira, Lieutenant Daniel
Benitez, and six other members of the Rio de Janeiro military police on
charges of planning and participating in the killing.
In Rio de Janeiro there were reports that both on- and off-duty
police employed indiscriminate use of force. These acts often occurred
in the city's approximately 1,050 favelas (poor neighborhoods or
shantytowns), where an estimated 1.5 million persons lived.
According to the nongovernmental organization (NGO) Amnesty
International, specialized Police Pacification Units (Unidades Policia
Pacificadora, or UPPs) significantly reduced violence in a dozen
communities, but the NGO stated that police in Rio de Janeiro continued
to depend on repressive methods and were responsible for at least 30
percent of all civilian casualties in UPP operations. The NGO claimed
Rio police killed 471 persons from January to October in ``acts of
resistance,'' similar to resisting arrest. The Rio de Janeiro State
Public Safety Institute, a governmental organization, corroborated this
number.
The Sao Paulo State Secretariat for Public Security reported that
state police (civil and military) killed 354 civilians in the state
from January to September, compared with 392 in the same period in
2010.
At year's end there were no developments in the April 2010 killing
of at least 23 persons by a group of approximately five military police
officers on the coast of Sao Paulo State, reportedly in retaliation for
the killing of a fellow officer.
Killings and other violence related to environmental activism and
agrarian conflicts continued. Between May 21 and June 1, five community
leaders with connections to environmental activism were killed. On May
24, rubber tapper Jose Claudio Ribeiro da Silva and his wife, Maria do
Espirito Santo, were shot and killed near their home in the Amazon
region of Para State. In addition to being union leaders, both were
active environmentalists and reported illegal logging to authorities.
The couple had received several death threats. On September 18, police
arrested Jose Rodrigues Moreira and Lindon Johnson Silva Rocha in
connection with the killings. At year's end both were in detention
awaiting trial.
According to the Catholic NGO Pastoral Land Commission, 1,855
environmental activists received death threats between 2000 and 2010,
and 42 were subsequently killed. Of 1,588 killings linked to land
conflicts that occurred in remote areas of the Amazon between 1995 and
October 2011, 91 went to trial, resulting in 21 convictions. On October
27, the National Council of Justice and the Para State Justice Tribunal
formed a task force to accelerate judgments of pending cases related to
land conflict killings.
On September 6, a four-judge panel of the First Criminal Chamber of
the Para State Court of Justice upheld the sentence of Reginaldo
Pereira Galvao, convicted of the 2005 murder of Catholic nun Dorothy
Mae Stang and sentenced to 30 years in prison. Galvao, who had remained
free while awaiting the outcome of the appeal, turned himself in and
began serving his sentence.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits such treatment and
provides severe legal penalties for its use, torture and other cruel
treatment by police and prison guards persisted.
On August 2, Paraiba state military policeman Gleson Campos Pereira
was arrested in the state of Pernambuco on charges of torturing four
persons, two of whom were minors. At year's end there were no new
developments.
In March Rio de Janeiro became the first state to establish a
committee to prevent and combat torture. The committee is composed of
16 members--eight from the state government and eight from civil
society. The committee provided an overview of torture to the U.N.
Subcommittee on Prevention of Torture during the U.N. group's September
visit. Also in September the subcommittee inspected various prisons and
detention centers for evidence of torture by police officers.
Prison and Detention Center Conditions.--Conditions in many prisons
were poor and sometimes life threatening, but many states made efforts
to improve conditions. Abuse by prison guards continued to occur at
many facilities. The Catholic Church's Penitentiary Commission, linked
to the country's National Conference of Bishops, reported 25 cases of
torture in prisons and police stations from January through the end of
March, compared with 70 in all of 2010. Poor working conditions and low
pay for prison guards encouraged corruption.
According to the Ministry of Justice's Penitentiary Information
Integrated System (InfoPen), 84 deaths occurred inside prisons between
January and June, of which 11 were of a criminal nature.
Prisoners had access to potable water, but sanitary conditions were
often inadequate. Prisoners who committed petty crimes were held with
murderers. Overcrowding was a problem. According to the National
Council of Justice (CNJ), in August there were 471,528 prisoners
incarcerated in a prison system designed for approximately 333,000.
According to a local NGO and official data, 44 percent of all detainees
were awaiting trial.
In August the CNJ reported that the Anibal Bruno prison in Recife
held 4,900 prisoners in a facility designed for 1,400. On September 9,
five prisoners were killed in gang-related violence in the Serra Azul
prison in Sao Paulo State; at the time of the killings, there were
1,530 prisoners in a facility with a capacity of 730.
While authorities attempted to hold pretrial detainees separately
from convicted prisoners, overcrowding often required holding convicted
criminals in pretrial detention facilities. Abuses continued in
municipal jails and detention centers throughout the country.
The state of Rio de Janeiro took steps to address torture and other
problems in its prison system. In March state authorities ordered all
police-operated jails to be closed. They also ordered the closure of
Polinter de Neves, a state prison intake facility, which was the
subject of an Organization of American States investigation in 2009.
However, approximately 3,000 inmates remained at the facility due to a
lack of vacancies elsewhere. In a 2010 inspection of Polinter de Neves,
80 prisoners were found in a cell designed for 13.
Espirito Santo State has constructed 25 new prisons during the last
decade and closed most of its older prisons. Espirito Santo, like Rio
de Janeiro State, also ordered the closure of its police-run jails. The
Sao Paulo State Secretariat for Penitentiary Systems reported that
during the year five new prisons were built in the state and 16 more
were under construction. In 2010 and 2011, the CNJ conducted reviews of
more than 295,000 criminal cases, resulting in the release of almost
22,000 prisoners.
In December 2010 the International Center for Prison Studies
estimated the nationwide female prison population at approximately
34,700 inmates. The situation in the Santana Women's Penitentiary in
Sao Paulo remained poor, although there were some improvements in
health care and food quality. The prison has a capacity of 1,200
prisoners; early in the year it held 2,700 women.
Rio de Janeiro and Sao Paulo states and the Federal District
provided separate prison facilities for women; elsewhere, according to
the Catholic Church's Penitentiary Commission, women occasionally were
held with men in some facilities.
Women who give birth in prison or are the mothers of newborns when
arrested are permitted to keep their babies with them in the facility
for six months. At the Santana Penitentiary in Sao Paulo, mothers and
their babies were housed in the hospital center, on the same compound
as the prison.
The federal constitution prevents minors from being tried as adults
and incarcerated in federal, state, or city prisons. Crimes or
misdemeanors committed by minors are classified as infractions and
recorded in the National Registry of Adolescents in Conflict with the
Law. From January through June, 91,321 adolescents were placed on the
registry for various crimes. The penalties for such acts are classified
as socio-educational measures. Of those placed on the registry, 29,506
received such penalties.
By law juveniles should not be held together in jails with adults,
but this was not always respected in practice. The CNJ's Justice to
Youth program, adopted in 20 states, is designed to ensure that
adolescent criminals are treated differently from adult criminals.
Multiple sources reported adolescents jailed with adults in poor and
crowded conditions. Insufficient capacity in juvenile detention centers
was widespread. In October there were 18,196 adolescents in detention
centers, a 4.5 percent increase compared with the same period in 2010.
In July a law allowing judges to prescribe alternate sentences,
including ankle bracelet monitoring and home arrest, to minor offenders
came into effect. The law was intended to reduce overcrowding.
The government's National System of Socio-Educational Services
(SINASE) provides rules standardizing the legal proceedings involving
minors. SINASE oversaw improvements to juvenile detention centers, such
as requiring a maximum of three adolescents per room and encouraging
physical activity.
In 2006 the Center for the Socio-Educational Care of the Adolescent
began dismantling large out-of-date detention centers and building
smaller facilities for easier management of the inmate population. Two
new centers opened in August, bringing the number of such facilities to
57. Each new center had space for 56 adolescents. The creation of small
units reduced the recidivism rate, which dropped from 29 percent in
2006 to 12.8 percent in 2010, while the number of riots fell to four
reported during the year.
Prisoners and detainees had access to visitors. Human rights
observers reported that some visitors complained of screening
procedures that at times included invasive and unsanitary physical
exams. Prisoners were permitted religious observance and could submit
complaints to judicial authorities. Government policy permits prison
visits by independent human rights observers, and this policy generally
was followed. There also were state-level ombudsman offices and the
federal Secretariat for Human Rights (SDH) to monitor prison and
detention center conditions.
Under federal law all convicted prisoners are authorized to work,
and educational opportunities should be made available. Nevertheless,
nationwide only 14 percent of prisoners worked and 8 percent took part
in educational activities, according to InfoPen. To address the lack of
educational opportunities, the CNJ offered a program called New
Beginnings to provide educational and work opportunities for inmates.
In many states educational opportunities are supplied by the
respective state secretariats of education. According to the Catholic
Church's Penitentiary Commission, which has constitutional authority to
visit inmates at their request, only 7.5 percent of prisoners in the
Sao Paulo prison system had access to educational opportunities. On May
23, the Sao Paulo state government announced the creation of the
Virtual School for Educational Programs of Sao Paulo, replacing face-
to-face prisoner-teacher interactions with virtual technologies aimed
at making classes more accessible to inmates.
On June 30, President Rousseff modified the Law of Penal Execution,
mandating that inmates have a day removed from their sentences for
every 12 hours they attend classes.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention and limits arrests to those caught in the act of
committing a crime or arrested by order of a judicial authority;
however, police at times did not respect this prohibition in practice.
Role of the Police and Security Apparatus.--The Federal Police,
operating under the Ministry of Justice, is small, primarily
investigative, and plays a minor role in routine law enforcement. Most
police forces fall under the control of the states, where they are
divided into two distinct units: the civil police, performing an
investigative role, and the military police, charged with maintaining
law and order.
In Rio de Janeiro's favelas, so-called militia groups, composed of
off-duty and former law enforcement officers, often took policing into
their own hands. Many militia groups intimidated residents and
conducted illegal activity such as extorting protection money and
providing pirated utility services. Human rights observers believed
that such militia groups controlled up to a third of Rio's favelas.
In February federal police agents and the internal affairs unit of
the Rio State Secretariat for Public Security conducted a massive sweep
targeting high-ranking police officials accused of collusion with
militia groups. The operation led to the arrests of 11 civil police
officers and 21 military police officers. Rio Civil Police Chief Allan
Turnowski resigned as a result of the investigation.
On May 12, a large-scale police operation targeting illegal militia
groups was carried out by 90 military policemen and 40 civil police
officers from the state of Pernambuco, resulting in the arrest of 11
persons for committing murders in Pernambuco and also in Maceio,
Alagoas State. Former Alagoas police officer Edgelson Ribeiro
Guimaraes, considered the militia group leader, had previously been
accused of kidnapping and illegal possession of firearms. The group he
led was charged with at least four killings between April 2010 and May
2011. The defendants remained in detention awaiting trial at year's
end.
The law mandates that special police courts exercise jurisdiction
over state military police except those charged with ``willful crimes
against life,'' primarily homicide. The police often were responsible
for investigating charges of torture and excessive force carried out by
fellow officers, although independent investigations increased. Delays
in the special military police courts allowed many cases to expire due
to statutes of limitations.
According to the Rio de Janeiro State Secretariat for Public
Security, human rights courses were a mandatory component of training
for entry-level military police officers. UPP officers for the favela
pacification program received additional human rights training,
supplementing what regular civil and military police receive. Under the
pacification program, the Rio de Janeiro State Secretariat for Public
Security inaugurated five new UPPs during the year, bringing the total
to 18. In November Rio security forces established control in Rocinha,
the largest favela in the country. The armed forces continued to patrol
the favela Complexo do Alemao following their November 2010 entry to
remove organized crime groups.
On April 15, the Sao Paulo state government began making available
to the public extensive data on crimes committed in the state,
including killings by police. Sao Paulo Governor Geraldo Alckmin signed
a resolution permitting citizens to file police reports for some crimes
online as well as with the military police, whereas in the past victims
had to file in person.
On June 2, President Rousseff met with the state governors of
Amazonas, Para, and Rondonia to discuss measures to confront agrarian
conflicts that contributed to the killing of environmental activists in
those states. Minister of Justice Jose Eduardo Cardozo subsequently
announced Operation Life Protection and the deployment of a task force
consisting of the armed forces, Federal Police, highway patrol, and
National Security Force to assist in investigations.
Arrest Procedures and Treatment While in Detention.--With the
exception of arrests of suspects caught in the act of committing a
crime, arrests must be made with a warrant. Suspects must be advised of
their rights at the time of arrest or before being taken into custody
for interrogation. The use of force during an arrest is prohibited
unless the suspect attempts to escape or resists arrest. According to
human rights observers, some detainees complained of physical abuse by
police officers while being taken into custody.
Authorities generally respected the constitutional right to a
prompt judicial determination of the legality of detention. Detainees
were informed promptly of the charges against them. The law permits
provisional detention for up to five days under specified conditions
during an investigation, but a judge may extend this period. A judge
may also order temporary detention for an additional five days for
processing. Preventive detention for an initial period of 15 days is
permitted if police suspect that a detainee may leave the area.
Occasionally detainees were held longer than the provisional period.
Defendants arrested in the act of committing a crime must be
charged within 30 days of arrest. Other defendants must be charged
within 45 days, although this period may be extended. In practice the
backlog in the courts often resulted in extending the period for
charging defendants. The Catholic Church's Penitentiary Commission
reported that one in five pretrial detainees was held beyond the legal
limit.
Bail was available for most crimes, and defendants facing charges
for all but the most serious crimes had the right to a bail hearing.
Prison authorities generally allowed detainees prompt access to a
lawyer. Indigent detainees had the right to a lawyer provided by the
state. Detainees also were allowed prompt access to family members.
The law does not provide for a maximum period for pretrial
detention, which is defined on a case-by-case basis. Time in detention
before trial is subtracted from the sentence.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Although the law requires that trials be held within a set time
period, the nationwide backlog in state and federal cases frequently
led courts to dismiss old cases unheard. To reduce backlogs and waiting
times, the CNJ formed several task forces to review thousands of
outstanding cases. Between February and November, the judicial task
force of Region 1, which includes the judiciaries of 14 states in the
north, northeast, and central-west regions, reduced by 26,688 the
backlog of approximately 340,000 cases. Between September 2010 and
September 2011, the task force of Region 3, which consists of the
states of Sao Paulo and Mato Grosso do Sul, reduced by 93,970 the
backlog of approximately 300,000 cases.
Trial Procedures.--The right to a fair public trial as provided by
law was generally respected. However, in some rural regions-especially
in cases involving land rights activists-the perception existed that
police, prosecutors, and the judiciary were more likely to be subject
to external influences, including fear of reprisals. Investigations,
prosecutions, and trials in these cases often were delayed. After an
arrest a judge reviews the case, determines whether it should proceed,
and, if so, assigns the case to a state prosecutor who decides whether
to issue an indictment. The law recognizes the competence of a jury to
hear cases involving capital crimes. Judges try those accused of lesser
crimes. Defendants enjoy a presumption of innocence and have the right
to confront and question witnesses, access government-held evidence,
and appeal verdicts.
While the law provides for the right to counsel, the Ministry of
Justice stated that many prisoners could not afford an attorney. The
court must furnish a public defender or private attorney at public
expense in such cases. The Public Ministry continued to hire public
defenders, but staffing deficits remained in all states. According to
the Rio de Janeiro State Office of Public Defense, the state employed
800 public defenders, up from 700 in 2010, yet this was insufficient.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--While the justice system
provides for an independent civil judiciary, courts were overburdened
with backlogs and sometimes subject to corruption, political influence,
and indirect intimidation. Citizens can bring lawsuits before the
courts for human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, but NGOs reported that
police conducted searches without warrants. Human rights groups, other
NGOs, and the media reported incidents of police invasions in poor
neighborhoods. During these operations police stopped and questioned
persons and searched cars, residences, and business establishments
without warrants.
The military continued to patrol the Complexo do Alemao favela in
Rio de Janeiro while community police officers were being trained to
assume responsibility. The NGO Rede Contra Violencia claimed that
military forces in Complexo do Alemao continued to enter and search
homes without warrants and that community police officers conducted
warrantless searches of homes in some pacified favelas.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
authorities generally respected these rights in practice. The
independent media were active and expressed a wide variety of views
with minimal restriction, but nongovernmental criminal elements
continued to subject journalists to violence because of their
professional activities.
Freedom of the Press.--The National Association of Newspapers (ANJ)
continued to report cases of imprisonment, aggression, censorship, and
failure to respect freedom of the press. Between January 1 and July 26,
the ANJ reported 23 cases of censorship, threats, direct violence
against journalists, and other forms of pressure against news
organizations and professionals, including three killings, one
imprisonment, six cases of censorship, and nine instances of verbal
assault and physical battery.
According to the International Press Institute, five journalists
were killed in the country during the year.
On April 9, a gunman shot and killed radio journalist and
television personality Luciano Leitao Pedrosa in Vitoria de Santo
Antao, Pernambuco. Pedrosa hosted the television program Action and
Citizenship for seven years and was a harsh critic of municipal
government and local authorities in the Northeast. Police arrested an
accomplice to the killing on April 13 but made little further progress
on the case.
On June 15, three gunmen in Serra do Mel, Rio Grande do Norte
State, shot and killed journalist and editor Edinaldo Filgueira.
Authorities arrested eight suspects who reportedly belonged to a gang
of contract killers. On November 18, the mayor of Serra do Mel, Josivan
Bibiano, was indicted as the mastermind of the killing.
The ANJ, Brazilian Association for Investigative Journalism, and
Inter American Press Association regarded the most serious threat to
press freedom to be the growing number of cases of judicial censorship
of the media. For example, in March Judge Adrianno Espindola Sandes of
Jaguarari in Bahia State prohibited the radio station Lideranca FM from
broadcasting news related to charges that the city's mayor, Antonio
Ferreira do Nascimento, bought votes. The Judges Association of Bahia
upheld the decision, stating that continued broadcasting would impede
an investigation into the case.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
Several legal and judicial rulings had the potential to threaten
freedom of expression on the Internet. A continuing trend was for
private individuals and official bodies to take legal action against
Internet service providers and providers of online social media
platforms, such as Google, Facebook, and Orkut, holding them
accountable for content posted to or provided by users of the platform.
Judicial rulings often resulted in the forced removal of content from
the Internet.
In March the Rondonia State Court sentenced Google to pay 100
minimum wages (approximately 54,000 reais, or $29,000) to the municipal
funds for children and adolescents in the towns of Pimenta Bueno, Sao
Felipe de Oeste, and Primavera de Rondonia for providing the
infrastructure supporting two online communities considered offensive.
Prosecutors declared that two young men were offended by profanity and
sexual content within the virtual communities. Google, owner of Orkut,
the Web site in question, stated that it was responsible solely for
providing the online infrastructure and not the content of the site
posted on that infrastructure. Google's appeal was pending at year's
end.
In July 2010 electoral rules were issued regulating presidential
campaigns on the Internet. The rules prohibit candidates from buying
advertising space online and restrict online campaign presences to
sites run by the candidate. Between July and December 2010, the
government made 263 content removal requests to Google, of which Google
partially or completely complied with 76 percent. Observers attributed
this to the number of electoral court orders requesting the removal of
content related to political campaigns. There were no elections during
the year and consequently no such requests.
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.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. During the
year the government granted approximately 4,400 asylum seekers full
refugee status.
An estimated 4,000 Haitians immigrants entered the country during
the year, making their way through Peru, Colombia, and Bolivia via the
Dominican Republic and Panama in hope of securing employment in one of
the large infrastructure projects, such as hydroelectric dams. The
government did not grant refugee status to the immigrants but provided
humanitarian assistance and issued 1,600 humanitarian visas to the
immigrants. The visa entitles them to receive health and social
assistance, the right to work, and the right to remain for up to five
years.
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.
Military conscripts may not vote.
Elections and Political Participation.--Recent Elections.--In the
October 2010 national elections, considered free and fair, Workers'
Party candidate Dilma Rousseff won a four-year term as president.
Participation of Women and Minorities.--Women have full political
rights. The law requires that 30 percent of the candidates registered
by each political party be women. According to the Electoral Supreme
Court, there were 3,968 female candidates in the October 2010
elections, compared with 15,504 male candidates. Thirteen women were
elected to the 81-member Senate and 44 women to the 513-member Chamber
of Deputies. Of the 27 governors elected, two were women.
There were 25 Afro-Brazilians in Congress (three senators and 22
deputies). There was one Afro-Brazilian in the cabinet and one each on
the Federal Supreme Court and Superior Court of Justice.
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 frequently engaged in corrupt practices with impunity.
There were numerous reports of government corruption.
During the year six executive cabinet-level officials resigned over
allegations of corruption-Chief of Cabinet Antonio Palocci on June 7,
Minister of Transportation Alfredo Nascimento on July 6, Minister of
Agriculture Wagner Rossi on August 17, Minister of Tourism Pedro Novais
on September 14, Minister of Sports Orlando Silva on October 26, and
Minister of Labor and Employment Carlos Lupi on December 4. Numerous
other public officials were arrested, dismissed, or forced to resign,
and President Rousseff reiterated her commitment to combat corruption.
In July the Court of Audit (TCU), the congressional auditing and
investigative arm, reported on government contracts audited from 2006
to 2010. The report found 80,000 irregularities, including 31,793
instances of collusion on bidding and 1,470 instances in which
contracts were signed with companies that were legally prohibited from
signing government contracts.
The Ficha Limpa (Clean Record) law bars politicians from seeking
elected office if they face corruption charges.
Public officials are subject to financial disclosure laws, which
were enforced and with which the officials generally complied.
Federal government entities such as the TCU, Federal Controller
General, Public Ministry, Federal Police, judiciary, Department of
Revenue and Control of Financial Activities, and Federal Treasury are
responsible for fighting corruption. The agencies identified public
spending as a source of financial corruption, but they had limited
powers to function effectively.
On August 23, the Brazilian Bar Association launched a Web site to
track government corruption.
The law provides for public access to unclassified government
information upon application to the Commission for Public Ethics,
although the release of such information was often slow.
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. Federal officials were
cooperative and responsive to their views. Federal and state officials
in many cases sought the aid and cooperation of domestic and
international NGOs in addressing human rights problems; for instance,
the Ministry of Labor (MTE) partnered with the International Labor
Organization (ILO) to formulate national strategies for combating
forced and child labor.
Government Human Rights Bodies.--The Chamber of Deputies and the
Senate had human rights commissions that operated without interference
and participated in several activities nationwide in coordination with
domestic and international human rights organizations. Most states had
police ombudsmen, but their accomplishments varied considerably,
depending on such factors as funding and outside political pressure.
On November 18, President Rousseff signed a law establishing a
truth commission to investigate alleged human rights abuses from 1946
to 1988, including those committed by the military regime (1964-85).
The law authorizes the commission to hold public hearings, compel
individuals to testify, request and review classified documents from
all three branches of government, and publish the results of its
investigations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits and penalizes discrimination on the basis of
race, gender, disability, or social status, but discrimination
continued against women, Afro-Brazilians, gays and lesbians, and
indigenous persons.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is a crime punishable by eight to 10 years in prison. Domestic violence
remained both widespread and underreported to the authorities, due to
fear of retribution, further violence, and social stigma. On March 24,
the Supreme Court unanimously upheld the constitutionality of the 2006
Maria da Penha law to combat domestic violence against women. The law,
which increases the penalty for domestic violence from one to three
years in prison and created special courts, may have led to an increase
in reporting. Since the approval of the law, 300,000 cases of domestic
violence have been brought to trial, resulting in 100,000 convictions.
According to research published on March 27, the CNJ estimated there
were 332,200 cases of violence against women in state-level judicial
systems. Protective orders were granted in 15 to 30 percent of cases,
and the conviction rate for cases brought under the law was less than 1
percent. In early December the CNJ signed an agreement with the
Secretariat for Women's Policies (SPM) and the Ministry of Justice to
identify barriers to trying cases of domestic violence in state courts.
The federal government continued to operate a toll-free nationwide
hotline for women. In the first six months of the year, the hotline
registered 293,708 calls reporting domestic violence, 14 percent lower
than in the same period in 2010. According to hotline data, 60 percent
of the complaints received between April 2006 and June 2011 concerned
physical abuse.
The Police Women's Defense Office in Fortaleza, Ceara, reported
6,337 cases of domestic violence in Fortaleza between January and July,
although only 667 investigations were opened. Reports of domestic
violence have risen nationwide since 2006, when the Maria da Penha law
was launched.
There were special courts for domestic and family violence in all
states except Paraiba, Roraima, Sergipe, and Tocantins. Sao Paulo
State's Special Court of Domestic and Family Violence against Women
appointed an additional judge, bringing the total number to two. The
court processed 9,000 cases during the year, most of them related to
threats of violence, rape, and coercion; this was 50 percent higher
than in 2010. In 80 percent of the cases, the defendants were sentenced
to prison; some were also sent for counseling. During the year the
state of Sao Paulo created six more special courts of domestic
violence, for a total of seven.
Each state secretariat for public security operated police stations
dedicated exclusively to addressing crimes against women, for a total
of 359 countrywide. The stations provided psychological counseling,
temporary shelter, and hospital treatment for victims of domestic
violence and rape, as well as criminal prosecution assistance by
investigating incidents and forwarding evidence to courts. There were
also 187 reference centers and 72 temporary women's shelters.
The law requires health facilities to contact the police regarding
cases in which a woman was harmed physically, sexually, or
psychologically to collect evidence and statements should the victim
decide to prosecute.
Sexual Harassment.--Sexual harassment is a criminal offense,
punishable by up to two years in prison. The law encompasses sexual
advances in the workplace or educational institutions and between
service providers or clients. In the workplace it applies only in
hierarchical situations where the harasser is of higher rank or
position than the victim.
Reproductive Rights.--Couples and individuals have 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 generally were available in urban but not rural areas.
The Population Reference Bureau recorded contraceptive use among
married women at 81 percent and noted that 97 percent of births were
attended by skilled personnel. Impoverished and rural women, however,
were less likely to have skilled attendants.
Discrimination.--A cabinet-level office, the Secretariat for
Women's Policy, oversees a special entity charged with overseeing the
legal rights of women. Women's labor force participation (75 percent)
was below that of men (85 percent), and women were more likely to work
in the informal sector. Although the law prohibits discrimination based
on gender in employment and wages, there were significant wage
disparities between men and women. According to the MTE, women often
were paid less than men in the same functions.
Children.--Birth Registration.--Citizenship is derived from birth
in the country or from a parent. According to 2010 Institute of
Geography and Statistics (IGBE) census data, there were approximately
599,000 unregistered children nationwide. The number reflected children
who did not have birth certificates once they reached 10 years of age,
and experts believed the number was especially elevated among isolated
populations in the states of Roraima, Amazonas, and Mato Grosso do Sul.
Without birth certificates children cannot be vaccinated or enrolled in
school. If the problem persists into adulthood, an unregistered adult
cannot obtain a worker's card or receive retirement benefits.
The CNJ, in partnership with the SDH, aimed to reduce the number of
such children by registering children born in maternity wards. The CNJ
also implemented a program to encourage fathers to acknowledge their
children and take responsibility for them. In 2009 there were almost
five million children and adolescents who held birth certificates with
only the mother's name.
Child Abuse.--Abuse and negligence of children and adolescents were
problems and included rape, molestation, and impregnation of girls by
family members. The SDH oversees the National Program to Confront
Sexual Violence Against Children and Adolescents, which established
nationwide strategies for combating child sexual abuse and best
practices for treating victims.
From January to August, the SDH-operated Dial 100, a hotline that
receives complaints of sexual abuse against children and adolescents,
logged 380,619 complaints, compared with 160,933 during all of 2010. Of
these, 50,866 reports concerned abuse, compared with 30,543 in 2010.
According to the SDH, the rise was due to increased national awareness
of what constitutes sexual abuse.
Between January and March, there were 1,179 reported cases of
sexual exploitation, 3,133 of sexual abuse, 5,557 of neglect, and 5,841
of physical or psychological violence. Approximately 56 percent of the
victims between January and February were girls; the most common
complaints were negligence and sexual violence.
The NGO Social Service for Industry (SESI) operated child
protective service centers in 12 state capitals. The program served
1,800 adolescents between 16 and 21 who received psychological
counseling, medical attention, legal advice, and technical schooling.
According to data released on August 9 by the National Register of
Sheltered Children (CNCA), there were 33,361 children and adolescents
living in shelters provided by NGOs, churches, and other religious
organizations throughout the country.
The Death Threat Protection Program for Children and Adolescents
(PPCAAM) brought in 282 children and adolescents and 458 families in
the first quarter of the year. Sixty percent of those shielded by the
program had received death threats due to involvement in drug
trafficking, and 68 percent entered the program accompanied by one or
more family members. The program offers psychological counseling and
technical courses to reinsert these youth into stable community
situations.
Sexual Exploitation of Children.--The law sets a minimum age for
consensual sex of 14 years, with the penalty for statutory rape ranging
between eight and 15 years in prison. The country was a destination for
child sex tourism. While no specific laws address child sex tourism, it
is punishable under other criminal offenses. According to data from the
SDH, University of Brasilia, UNICEF, and ILO, more than 100,000
children were victims of sexual exploitation each year. More than 900
municipalities, half of which were in the Northeast, served as tourist
destinations for the sexual exploitation of children and adolescents.
In June the National Evangelical Movement for Social Action
launched the Campaign Against Child Sex Tourism in advance of the 2014
World Cup. In early July the Para Tourism Company, in conjunction with
the Sustainable Tourism Program, committed to distributing 7,000
leaflets in seven municipalities along the Tapajos River in the Amazon
region.
On July 12, Minister Iriny Lopes, head of the SPM; Minister Maria
do Rosario Nunes, head of the SDH; and Federal Police investigators
announced increased efforts to combat sexual tourism in the Amazon
region. The measure was spurred by allegations that a foreigner
operated a charter fishing operation as cover for sexual tourism that
exploited young indigenous women and girls. An investigation, which
began in 2008, continued at year's end.
The law criminalizes child pornography. The penalty for possession
of child pornography is up to four years in prison and a fine. Those
who produce, reproduce, or offer for sale child pornography or recruit
a child to participate in a pornographic production may be imprisoned
up to eight years and fined.
Although the country is not a large-scale producer of child
pornography, such material was spread on social networking Web sites.
The Public Ministry, Dial 100, and the NGO Safernet, in partnership
with the Federal Police, registered 19,311 child pornography complaints
between January 1 and July 1, compared with 30,601 complaints in the
same period in 2010.
The Ministry of Tourism continued to promote its code of conduct to
prevent the commercial sexual exploitation of children in the tourism
industry. The Federal Highway Police and ILO published data in places
such as gas stations, bars, restaurants, motels, and nightclubs along
highways considered areas for sexual exploitation of children and
adolescents.
The Rio de Janeiro Municipal Secretariat for Social Assistance had
14 social assistance centers and 23 shelters (eight public and 15
private) to assist child and adolescent victims of sexual abuse and
exploitation. Between January and August, the centers assisted 504
young victims, compared with 370 in 2010. The secretariat attributed
the growth to the increased number of centers. Of the 504 cases,
371were victims of sexual abuse and 103 were victims of sexual
exploitation.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--According to the Jewish Federation, there were
approximately 125,000 Jewish residents, of whom approximately 65,000
were in the state of Sao Paulo and 40,000 in Rio de Janeiro State. It
is illegal to write, edit, publish, or sell books that promote anti-
Semitism or racism. The law enables courts to fine or imprison anyone
who displays, distributes, or broadcasts anti-Semitic materials and
mandates a two- to five-year prison term.
On February 9, Rio de Janeiro civil police indicted three students
under a federal racial crime law for fomenting Nazism. Further
investigation led to the seizure in the students' homes of computers
and magazines alluding to Nazism.
According to Safernet, there were approximately 300 neo-Nazi cells,
90 percent of them in the states of Sao Paulo, Santa Catarina, Parana,
and Rio Grande do Sul. Safernet estimated that each cell consisted of
approximately 40 individuals. In the city of Sao Paulo, there were
isolated incidents of anti-Semitism, including physical and verbal
attacks against Jewish persons, anti-Semitic graffiti, and displays of
neo-Nazism.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report 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 federal government
effectively enforced these provisions. While federal and state laws
provide for access to buildings for persons with disabilities, states
did not enforce them effectively.
Federal laws establish the basic rights to accessibility and access
to information for persons with disabilities. The National Council for
the Rights of Handicapped Persons and the National Council for the
Rights of the Elderly, both within the SDH, have primary responsibility
for promoting the rights of persons with disabilities. According to the
SDH, specific problems included the short supply of affordable
orthotics and prosthetics, scarcity of affordable housing with special
adaptations, need for more accessibility to public transport, and
shortage of schools with facilities for physically challenged persons.
Beginning in July all residences built under the second version of
the Ministry of Cities' public housing program must be constructed to
meet accessibility standards for persons with disabilities.
In July the Sao Paulo state governor launched the Fast Track
Employment Program, which offers public financial assistance for
vocational training in 330 of 628 state public-sector job vacancies to
persons with disabilities.
National/Racial/Ethnic Minorities.The law prohibits racial
discrimination, specifically the denial of public or private
facilities, employment, or housing to anyone based on race. The law
also prohibits, and provides prison terms for, the incitement of racial
discrimination or prejudice and the dissemination of racially offensive
symbols and epithets. However, darker-skinned citizens, particularly
Afro-Brazilians, frequently encountered discrimination.
The 2010 census reported for the first time that white persons
constituted less than half the population of 190,755,799. A total of
91,051,646 claimed to be white, while 99,697,545 identified themselves
as belonging to other categories.
Afro-Brazilians continued to be underrepresented in the government,
professional positions, and middle and upper classes. They experienced
a higher rate of unemployment and earned average wages below those of
whites in similar positions. There was also a sizeable racial education
gap.
According to 2010 census data, 76.2 percent of the state of Bahia
was black and 79.4 percent of the capital city, Salvador, was black,
yet the percentage of blacks serving in state and municipal
legislatures was small. Both bodies were seeking to institute racial
quotas to reverse this trend.
According to the Rio de Janeiro State Secretariat for Social
Assistance and Human Rights, fewer than 10 of the state's 800 public
defenders were black and only one of the state's 200 public prosecutors
was black.
The Getulio Vargas Foundation survey of income inequality, released
on May 3, showed a decline in income inequality from 2000 to 2010. The
report revealed that the income of blacks rose 43 percent over the
decade, compared with 21 percent for whites. Education was seen as the
primary factor contributing to income growth (55 percent), while
government social programs such as Bolsa Familia (15 percent) also
played a role.
The July 2010 Racial Equality Statute continued to be
controversial, due to its provision for nonquota affirmative action
policies in education and employment.
According to a 2009 report by the Ministry of Education, 53 of
2,314 universities maintained affirmative action programs, including 40
major public universities in the Federal District and the states of Sao
Paulo, Rio de Janeiro, Minas Gerais, Espirito Santo, and Bahia. A total
of 5,834 self-declared students of color attended state and federal
universities under the quota system in 2009.
At year's end the right of communities of descendants of escaped
slaves (quilombos) to receive title to their land had not been fully
implemented.
Indigenous People.--According to data from the National Indigenous
Foundation (FUNAI), National Health Foundation (FUNASA), and 2010
census, there were approximately 818,000 indigenous persons, or 0.4
percent of the total population. Approximately 315,000 lived in urban
areas, while almost 503,000 lived in 4,774 villages spread over 677
indigenous lands covering 12 percent of the national territory,
including at least 448 municipalities in 24 states. Approximately 99
percent of the indigenous lands are concentrated in the Amazon. The law
grants the indigenous population broad protection of their cultural
patrimony and exclusive use of their traditional lands. The law
provides indigenous persons exclusive beneficial use of the soil,
waters, and minerals on indigenous lands, but Congress must approve
each case.
While the 1988 constitution charges the federal government with
demarcating indigenous areas within five years, the government had not
completed the four phases of demarcation (identification, declaration,
approval, and registration). The Supreme Court's 2009 decision
upholding demarcation of the Raposa Serra do Sol indigenous reserve
bordering Venezuela and Guyana set a precedent in favor of demarcation
of indigenous lands as single contiguous territories. Nonetheless,
problems remained in enforcing the integrity of the territories.
The Maraiwatsede reserve in the state of Mato Grosso, home to the
Xavante indigenous group, was demarcated in 1998, yet illegal,
nonindigenous settlers continued to reside in the reserve. The
indigenous community of approximately 3,000 was forced to live on only
10 percent of the demarcated territory. On June 19, a Mato Grosso
federal court ordered the expulsion of nonindigenous inhabitants from
the reserve within 20 days, but on July 1, the eviction order was
rescinded to allow time for the court to hear from the defense. The
case remained pending at year's end.
Delays in the demarcation of indigenous reserves perpetuated
violence against indigenous peoples. On August 23, men suspected to be
employees of neighboring farms attacked a group of approximately 125
families from the Guarani-Kaiowa tribe in their roadside camp near the
town of Iguatemi, Mato Grosso do Sul. The families had recently
returned to ancestral lands undergoing demarcation. Tribal leaders
appealed to the state prosecutor and FUNAI for help, but neither party
was forthcoming, and there was no police investigation, nor were any
arrests made. Despite public support from the state government of Mato
Grosso do Sul, the police, and FUNAI, the camp's remote location made
such support difficult to implement.
On November 18, Nisio Gomes, a Guarani-Kaiowa chief, was killed
near his tribe's camp in the same area of Mato Grosso do Sul. Gunmen
hired by ranchers intent on driving the Guarani-Kaiowa from the
contested land were suspected. Activists claimed that local police
failed to investigate the violence.
According to a 2009 Ministry of Education report, 53 of 2,314 state
and federal universities continued to reserve entrance slots for
indigenous persons. In 2009, 154 indigenous students attended state and
federal universities under the quota system.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Federal law does not prohibit
discrimination based on sexual orientation, but several states and
municipalities such as Sao Paulo have administrative regulations that
bar discrimination based on sexual orientation and provide for equal
access to government services.
During the year the NGO Bahia Gay Group received approximately 255
reports of killings based on sexual orientation and gender identity,
compared with 260 in 2010. Gay men were the most affected group,
followed by transgender persons and lesbians.
On July 15, in Sao Joao da Boa Vista, Sao Paulo, a father and son
were beaten by a group of boys who suspected that the two were gay.
According to the SDH, the Dial 100 hotline received 560 complaints
of violence against lesbian, gay, bisexual, and transgender persons in
the first half of the year; 20 percent of the complaints were
registered in the city of Sao Paulo.
According to a representative of the Secretariat of Human Rights,
many transgender persons and transsexuals had difficulty formally
entering the labor market or study programs, due to the fact that a
discrepancy between the photograph on an individual's labor card and
the personal appearance of the individual holding the card can prevent
the individual from obtaining permission to work. A new labor card can
be obtained only through a labor court, but most presiding judges
adhered to a strict biological interpretation of gender or held an
outright bias against transgender persons and transsexuals. The Sao
Paulo state government offered a mobile assistance unit to transgender
persons that helped approximately 300 such persons per month.
Other Societal Violence or Discrimination.--There were no reported
cases of societal violence or discrimination against persons with HIV/
AIDS or other groups not mentioned above.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for union representation of all workers (except
members of the military, the uniformed police, and firefighters) but
limits organizing at the enterprise level and imposes a mandatory union
tax on workers and employers. The law provides the right to strike to
all workers except the armed forces, military police, and firefighters.
The civil police are allowed to conduct strikes, and workers exercised
this right in practice. The law prohibits antiunion discrimination,
including the dismissal of employees who are candidates for or holders
of union leadership positions, and requires employers to reinstate
workers fired for union activity.
New unions must register with the MTE, which accepts the
registration unless objections are filed by other unions. The law
stipulates certain restrictions, such as ``unicidade'' (in essence one
per city), which limits freedom of association by prohibiting multiple,
competing unions of the same professional category in a given
geographical area. Unions that represent workers in the same
geographical area and professional category may contest registration.
If the objection is found valid, the MTE does not register the union.
While a number of competing unions existed, the MTE and courts enforced
unicidade in decisions regarding the registration of new unions. Most
elements of the labor movement and the International Trade Union
Confederation criticized unicidade.
The law stipulates that a strike may be ruled ``abusive'' by labor
courts and be punishable if a number of conditions are not met, such as
maintaining essential services during a strike, notifying employers at
least 48 hours before the beginning of a walkout, and ending a strike
after a labor court decision. Employers may not hire substitute workers
during a legal strike or fire workers for strike-related activity,
provided that the strike is not ruled abusive.
The law obliges a union to negotiate on behalf of all registered
workers in the professional category and geographical area it
represents, regardless of whether an employee pays voluntary membership
dues to it. The law permits the government to reject clauses of
collective bargaining agreements that conflict with government policy.
Collective bargaining is effectively prohibited in the public sector;
the constitution allows it, but implementing legislation has not been
enacted. The law prohibits the dismissal of employees who are
candidates for or holders of union leadership positions.
Authorities at times did not effectively enforce laws protecting
union members from discrimination. Some labor courts charged with
resolving disputes involving unfair dismissal, working conditions,
salary disputes, and other grievances were slow. Parties generally
agreed that cases were decided fairly.
Freedom of association was generally respected in practice, but
there were a few notable exceptions. During a week-long strike in
November, state-run oil company Petrobras was accused of antiunion
practices, including restricting the access of union officials to
employees operating on oil platforms off the coast of Santa Catarina
and Parana and discouraging employees from participating in
demonstrations. Collective bargaining was widespread in formal sector
establishments of the private sector. Worker organizations were
independent of the government and political parties, and there was no
government interference in union activities.
In practice employers fired strike organizers for reasons
ostensibly unrelated to strikes, and legal recourse related to
retaliatory discharge, although improving, was often a protracted
process. In April the Ninth Regional Labor Court in Curitiba, Parana,
fined the state's multimedia information firm Celepar 10,000 reais
($5,400) for discriminating against a union leader employee who had
been passed over for promotions and subject to harassment as a result
of his union activities. Most informal sector workers did not benefit
from union representation.
Intimidation and killings of rural union organizers and their
agents continued. On May 24, gunmen killed union leaders Jose Claudio
Ribeiro da Silva, president of the National Council of Extractive
Populations, and his wife, Maria do Espirito Santo, in Nova Ipixuna,
Para (see section 1.a.).
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
``reducing someone to a condition analogous to slavery,'' and the
government acted to enforce the law. Violators of forced or compulsory
labor laws face sentences of up to eight years in prison. The law also
provides penalties for various crimes related to forced labor, such as
recruiting or transporting workers or obliging them to incur debt as
part of a forced labor scheme.
Forced labor, including by children, occurred in many states, in
work such as clearing forest to provide cattle pastureland, logging,
raising livestock, and other agriculture activities. Forced labor often
involved young men drawn from the impoverished northeastern state--
Maranhao, Piaui, Tocantins, Para, and Ceara--and the central state of
Goias to work in the northern and central-western regions of the
country. Cases of forced labor were also reported in sweatshops in the
city of Sao Paulo; the victims were often men, women, and children from
neighboring countries, particularly Bolivia and Paraguay. Efforts
against forced labor were hindered by failure to impose effective
penalties, the remoteness of the area where the crime typically
occurred, lack of awareness of rights, and delays in judicial procedure
that resulted in de facto impunity for those responsible. Accurate,
nationwide statistics on prosecutions for forced labor cases were not
available.
Women and adolescents, the latter typically working with their
parents, also were involved in forced labor activities, often inside
the home. The ILO estimated that there were approximately 25,000 forced
laborers at any given time during the year.
During the year the MTE freed 2,271 laborers from conditions
analogous to slavery in 158 unannounced inspections of 320 properties,
compared with 2,628 laborers in 143 unannounced inspections of 309
properties in 2010. Additionally, the Federal Police reported that they
had opened 323 forced labor investigations in 2010. According to the
Pastoral Land Commission's 2010 report published in February, the
largest concentration of forced labor remained in the cattle-raising
industry (52 percent of reported cases and 29 percent of released
workers). This number included forced laborers involved in
deforestation activities, frequently associated with ranching.
The National Commission to Eradicate Forced Labor coordinates
government efforts to combat forced labor and provides a forum for
input from civil society. MTE's Mobile Inspection Unit is an important
instrument in the fight against forced labor. Using teams composed of
labor inspectors, labor prosecutors from the Federal Labor Prosecutor's
Office, and Federal Police officers, the unit conducts surprise
inspections of properties on which slave labor is suspected or
reported.
Often working in dangerous conditions, mobile teams levied fines on
landowners who used forced labor and required employers to provide back
pay and benefits to workers before returning the workers to their
municipalities of origin. Workers freed by mobile units are entitled to
three months' salary at the minimum wage. The MTE paid out 5.3 million
reais ($2.8 million) in back pay during the year. However, few
specialized services were provided to these workers, and NGOs noted a
high revictimization rate. Mato Grosso funded a program to provide
vocational training and other services to freed slave laborers.
In November, 10 workers found in a situation of forced labor were
released from the Fazenda Outeiro Grande farm in Sao Mateus, Maranhao
State. The inspection was conducted by the Regional Superintendent of
Labor and Employment of Maranhao in conjunction with the MTE and
Federal Police. The farm owner sold boots, sickles, soap, and other
goods to the workers and deducted the inflated prices from their wages.
The wages paid were less than the minimum wage and thus insufficient to
pay for the goods, resulting in a situation of debt bondage. The
laborers slept in a schoolhouse without functioning plumbing. Water for
drinking, cooking, bathing, and washing clothes was taken from a nearby
pond that was also used by farm animals. The owner of the farm,
Antonion Evaldo de Macedo, had previously appeared on MTE's ``dirty
list'' between 2008 and 2010.
The MTE publishes a ``dirty list'' to publicly expose names of
employers (persons or legal entities) caught using slave labor. Created
in 2004, the list is updated every six months by the MTE's Secretariat
of Labor Inspections and is available on the MTE Web site. Inclusion on
the ``dirty list'' has serious financial consequences in that public
financial institutions, such as the Bank of Brazil, Bank of Amazonia,
Northeast Bank, and Brazilian Development Bank as well as many private
banks deny credit and other services to listed individuals and
companies. The list contained 294 names at year's end, up from 220 at
the end of 2010.
Efforts of the federal government are supported by a number of
state initiatives, and several states have state commissions for the
eradication of forced labor. On September 27, the Sao Paulo State
governor created the State Commission for the Eradication of Forced
Labor (Coetrae). The group is coordinated by the Secretariat of Justice
and works in tandem with the Nucleus for Trafficking in Persons.
Coetrae's goal is to evaluate and follow cases, monitor the legal
situation regarding forced labor, conduct research on trends, and
oversee the coordination between the secretariat and NGOs.
On December 8, owner Avelino de Dea and foreman Jose Henrique
Vanzetto were sentenced to seven years and 10 months, and five years
and seven months, respectively, for reducing 59 employees to working
conditions analogous to slavery on a cattle farm in Itupiranga, Para,
in 2007. On December 16, cattle rancher Rodrigo Baltazar Pereira was
sentenced to six years and one month in a halfway house for reducing 11
employees to working conditions analogous to slavery on a farm
Montividiu, Goias, in 2006. Consolidated information on prosecutions
and sentences in the area of forced labor were difficult to compile
given the large number of labor courts and delays in implementing a
central registry tracking their actions.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum working age is 16 years, and apprenticeships may begin at age
14. The law bars all minors under age 18 from work that constitutes a
physical strain or occurs in unhealthy, dangerous, or morally harmful
conditions. In 2008 domestic service was added to the list of hazardous
work prohibited for minors under 18. The law requires parental
permission for minors to work as apprentices. The MTE found that
between 2005 and 2010, judges allowed 33,000 children under 16 to
engage in the worst forms of child labor, including construction,
agriculture, and garbage scavenging.
The MTE is responsible for inspecting worksites to enforce child
labor laws. Most inspections of children in the workplace were driven
by complaints brought by workers, teachers, unions, NGOs, and the
media. Labor inspectors remained unable to enter private homes and
farms, where much of the nation's child labor occurred. Fines imposed
by inspectors in 2010 totaled 7.7 million reais ($4.1 million), but
NGOs asserted that fines are usually too small to serve as an effective
deterrent.
The government implemented innovative programs to prevent child
labor, including the Program to Eradicate Child Labor (PETI),
coordinated by the Ministry of Social Development and Combating Hunger
with state and local authorities. Through PETI families with children
seven to 15 years of age working in selected hazardous activities
receive monthly cash stipends to keep their children in school. Also
through the ministry, the Bolsa Familia program provides a monthly
stipend to low-income families that keep their children up to age 17 in
school and meet certain child health requirements. PETI serviced more
than 850,000 children in 3,500 municipalities. The Bolsa Familia served
more than 12 million households nationwide. The government also
continued to cooperate with the ILO in projects to eradicate child
labor in the states of Bahia and Mato Grosso.
The National Forum for the Eradication and Prevention of Child
Labor helped to coordinate government and civil society interventions
to combat child labor. The forum continued its national campaign, the
Red Card Against Child Labor, launched in June 2010, to bring attention
to the plight of child laborers.
Nevertheless, child labor continued to be a problem. The 2009 IBGE
National Household Survey (PNAD), reflecting the most recent data
available, showed that 4.25 million of an estimated 44 million children
between the ages of five and 17 were engaged in some form of child
labor. According to 2010 data from the MTE, the majority of those were
employed in street vending (42 percent), followed by automobile washing
(10 percent), manufacturing (8 percent), and agriculture (3 percent).
According to a study released on December 28 conducted by the
newspaper Folha de Sao Paulo and based on 2010 census data, more than
one million children between the ages of 10 and 14, or 6 percent of the
total, worked in 2010. The study noted that the problem was worse in
the north, where one in 10 children worked, either paid or unpaid. The
2010 census reported that 132,000 children between the ages 10 and 14
were the sole providers for their families. Approximately half of child
laborers received no income, and 90 percent worked in the unregistered
informal sector. Slightly more than half of child laborers worked in
rural areas. The study also found that 95 percent of the children who
worked also attended school.
According to MTE data, 10,345 children and adolescents were found
in situations that violated minimum-age laws in 7,024 unannounced
inspections during the year. A majority, 83 percent, of those found
were young boys. In 2010, 3,279 inspections found 5,620 children and
adolescents employed in violation of minimum-age laws.
Children worked in agriculture, including in the production of
coffee, sugarcane, cotton, manioc, soybeans, rice, and tobacco.
Children were also involved in raising livestock.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--In January the minimum wage
increased to 545 reais ($292) per month. According to 2010 IBGE data
released on June 2, 56 percent of households had per capita incomes of
less than the minimum wage. Between 2001 and 2009, the income growth
rate of the poorest 10 percent of the population was 7 percent per
year, while that of the richest 10 percent was 1.7 percent, decreasing
income inequality. Nevertheless, a 2010 IGBE study revealed 8.5 percent
of the population (16.2 million) was considered ``extremely poor'' or
earning less than 70 reais per month ($38).
The law limits the workweek to 44 hours and specifies a weekly rest
period of 24 consecutive hours, preferably on Sundays. The law also
provides for paid annual vacation, prohibits excessive compulsory
overtime, and stipulates that hours worked above the weekly limit must
be compensated at time-and-a-half pay; these provisions generally were
enforced in the formal sector.
The MTE sets occupational, health, and safety standards that are
consistent with internationally recognized norms, although unsafe
working conditions were prevalent throughout the country. The law
requires employers to establish internal committees for accident
prevention in workplaces. It also protects employees from being fired
for their committee activities. Individual workers did not have the
legal right to remove themselves from the workplace when faced with
hazardous working conditions.
The MTE's Mobile Inspection Unit was an effective instrument in the
fight against forced labor. Unit teams conducted surprise inspections
of properties on which slave labor was suspected. The teams freed 2,271
persons who had been ``reduced to a condition analogous to slavery''
during the year. (By law the concept of slave labor includes not only
forced and compulsory labor but also extremely arduous labor and labor
performed in degrading working conditions.) The MTE conducted 158
unannounced inspections of 320 properties during the year, compared
with 143 inspections in 2010.
On August 16, MTE investigators and Federal Police agents
discovered 15 Bolivians working in two Sao Paulo clothing manufacturing
shops contracted by the company AHA, a supplier for Spanish clothing
retailer Zara. The group had been forced to work 16-hour days at
compensation below the minimum wage. Although Bolivians are legally
able to work in the country, this fact was kept from the workers by the
shop owners. The Labor and Employment Secretariat of Sao Paulo, a local
office under the MTE, led the investigation after a May audit uncovered
52 workers, most of whom were Bolivian, working under illegal safety
conditions in more than 30 workshops throughout the state.
According to the Institute for Applied Economic Research, the
informal sector shrank by 1.6 percent in the first six months of the
year, compared with the same period in 2010, to an average of 35.6
percent, the lowest level since 2003. Most unregistered workers were in
the agricultural sector. Not all foreign migrant workers, informal
sector workers, and unregistered workers were subject to hazardous
working conditions, but these groups were at a higher risk of being
subjected to such conditions and/or to working conditions analogous to
slave labor.
There were no major industrial accidents during the year in which
workers were injured or killed.
__________
CANADA
executive summary
Canada is a constitutional monarchy with a federal parliamentary
government. In a free and fair multiparty federal election held on May
2, the Conservative Party, led by Stephen Harper, won a majority of
seats in the federal Parliament and formed a government. Security
forces reported to civilian authorities, who maintained effective
control over the forces.
The principal human rights problems included violence against women
and disparities in access to government services between indigenous and
nonindigenous peoples.
Other human rights problems included alleged abuse of civil rights
by law enforcement officials, trafficking in persons, and harassment of
persons belonging to religious and racial minorities.
The government took steps to prosecute and punish all government
officials who committed abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings. Authorities investigate and publicly report all
fatalities that occur as a result of police action or in police
custody.
On February 10, the Royal Canadian Mounted Police (RCMP) announced
that it had addressed or was in the process of addressing all 16
recommendations on taser use issued by the Commission for Public
Complaints Against the RCMP (CPC). The CPC's recommendations resulted
from the investigation into the death of Robert Dziekanski in 2007
after four RCMP officers stunned him with a taser at Vancouver
International Airport. On May 12, British Columbian authorities filed
perjury charges against the four officers in connection with their
testimony before the CPC on their confrontation with Dziekanski. On
June 2, the British Columbian government passed legislation to
establish the Independent Investigations Office, a civilian-led agency
to investigate incidents involving police causing death or serious
injury. The new office's mandate extends to all police forces operating
in the province, including the federal RCMP. The creation of the office
was a key recommendation of the Braidwood Commission, a public inquiry
into Dziekanski's death and taser-use policies.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, but there were isolated
reports of degrading treatment by law enforcement officials.
Investigations into allegations of physical assault and inappropriate
searches of prisoners by the Ottawa Police Service (OPS) in the OPS's
cellblocks during 2010 remained pending at year's end.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
government permitted monitoring in accordance with its standard
modalities by independent nongovernmental observers.
In 2009 there were approximately 38,000 inmates and detainees,
including 1,640 juveniles, and the official prison capacity was 38,600.
In its 2009-10 report, the Office of the Correctional Investigator
found that 532 offenders died in federal custody between 1998 and 2008.
Of these fatalities, 107 were suicides, 36 were homicides, and the
remainder from a range of known causes, including natural death and
accident. Women comprised approximately 4 to 6 percent of the total
number of prisoners. Prisoners and detainees had reasonable access to
visitors, were permitted religious observance, and could submit
complaints to judicial authorities without censorship. Authorities
investigated credible allegations of inhumane behavior and documented
the results of such investigations in a publicly accessible manner. The
government investigated and monitored prison and detention center
conditions. There is a prison ombudsman.
On July 13, an Ontario court sentenced a correctional officer to a
60-day prison term for an unprovoked assault in 2009 on a prisoner in
Maplehurst Correctional Centre; the officer was also dismissed from the
prison service. An investigation found three other officers complicit
in the assault.
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.--National, provincial,
and municipal police forces maintain internal security. Canadian armed
forces are responsible for external security, but in exceptional cases
may exercise some domestic security responsibility at the formal
request of civilian provincial authorities. Civilian authorities
maintained effective control over the RCMP and provincial and municipal
police forces, and the government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.
Arrest Procedures and Treatment While in Detention.--Authorities
generally apprehended persons openly with warrants. A judge may issue a
warrant after being satisfied that a criminal offense may have been
committed. A person arrested for a criminal offense has the right to a
prompt, independent judicial determination of the legality of the
detention; authorities respected this right in practice. Authorities
provided detainees with timely information as to the reason for the
arrest, ensured prompt access to a lawyer of the detainees' choice and,
if indigent, to one provided by the state, and granted prompt access to
family members. Bail generally was available. Suspects were not
detained incommunicado or held under house arrest. Detainees were
released immediately after being charged, unless a judge deemed
continued detention necessary to ensure the detainee's attendance in
court, for the protection or safety of the public, or due to the
gravity of the offense. Persons subject to continued detention had the
right to judicial review of their status at regular intervals.
In December the Ontario Ministry of the Attorney General reported
that 330 persons had appeared before provincial courts on charges
related to public protests, violence, and vandalism during the 2010 G-
20 summit in Toronto. Courts completed proceedings against 292 of these
individuals by staying, withdrawing, or dismissing charges, diverting
charges by requiring individuals to make charitable donations, or
closing files due to errors in charge sheets. Thirty-two persons pled
guilty. Separately, the cases of 34 individuals remained before the
courts at year's end. During the summit, police had arrested
approximately 1,100 individuals and released more than 800 without
charge. Civil liberties' groups alleged that police had arrested
individuals arbitrarily; police and provincial agencies opened five
separate reviews of police conduct at the summit, all of which
continued at year's end.
Noncitizens may be detained and deported on national security
grounds under immigration security certificates. The government issues
certificates on the basis of confidential evidence presented to two
cabinet ministers by intelligence or police agencies and reviewed by a
federal court judge who determines ``reasonableness'' and upholds or
revokes the certificate. A judge may order an individual detained
during the security-certificate determination process if the government
considers that the individual presents a danger to national security or
is unlikely to appear at the proceeding for removal, and may impose
conditions on release into the community, including monitoring.
Individuals subject to a security certificate may see a summary of
confidential evidence against them. Authorities provide full disclosure
to court-appointed, security-cleared lawyers (``special advocates'')
who can review and challenge the evidence on behalf of these
individuals, but may not share or discuss the material with them. The
law establishes strict rules on the disclosure and use of secret
evidence, prohibits the use of evidence if there are reasonable grounds
to believe authorities obtained it as a result of torture, and provides
mechanisms for review and appeal. At year's end three individuals were
subject to security certificates and lived in the community subject to
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 for the right to a fair trial,
and an independent judiciary generally enforced this right. The
judicial system is based on English common law at the federal level as
well as in most provinces. In Quebec, civil law is derived from the
Napoleonic Code; however, criminal law is the same nationwide. Trials
are public, and defendants have a right to have their case heard before
a judge alone or, for more serious cases, before a judge and jury.
Defendants have the right to be present and to consult with an attorney
in a timely manner. The government provides an attorney at public
expense if needed when defendants face serious criminal charges, and
defendants can confront or question witnesses against them and present
witnesses and evidence on their behalf. Defendants and their attorneys
generally have access to government-held evidence relevant to their
cases. Defendants also enjoy a presumption of innocence and have a
right of appeal.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters and access to a court to bring
a suit seeking damages for, or cessation of, a human rights violation.
No mechanism existed for plaintiffs to appeal decisions to an
international regional court. Remedies can be monetary, declaratory, or
injunctive. Federal or provincial human rights commissions may also
hear alleged human rights violations, although these bodies follow
differing standards and procedures.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech,
including for members of the press, and the government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press. Individuals could criticize
the government publicly or privately without reprisal. The independent
media were active and expressed a wide variety of views without
restriction.
Freedom of Speech.--The Supreme Court has ruled that the government
may limit free speech in the name of goals such as ending
discrimination, ensuring social harmony, or promoting gender equality.
It also has ruled that the benefits of limiting hate speech and
promoting equality are sufficient to outweigh the freedom of speech
clause in the Charter of Rights and Freedoms, the country's
constitutional bill of rights. Provincial-level film censorship,
broadcast licensing procedures, broadcasters' voluntary codes curbing
graphic violence, and laws against hate literature and pornography also
impose some restrictions on the media.
Inciting hatred (in certain cases) or genocide is a criminal
offense, but the Supreme Court has set a high threshold for such cases,
specifying that these acts must be proven to be willful and public.
Laws prohibit speech or programming containing any abusive comment that
would expose individuals or groups to hatred or contempt and empower
the federal Canadian Human Rights Commission (CHRC) and the federal
Canadian Human Rights Tribunal (CHRT) to enforce the law in areas of
federal jurisdiction. In addition, each province has its own human
rights code.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. The CHRC
investigates complaints about hate messages on Web sites and may
forward cases to the CHRT for action.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 in
practice. The government cooperated with the Office of the U.N. 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.
Protection of Refugees.--Access to Asylum.--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 offered alternatives to refugee claimants
whose cases the Immigration and Refugee Board refused. The option for
judicial review through the federal courts exists. Two other remedies
of last resort are available through the Department of Citizenship and
Immigration, including a ``preremoval risk assessment'' as well as an
appeal to the minister of citizenship and immigration for a waiver
based on humanitarian and compassionate grounds. The government
accepted refugees for resettlement from third countries and facilitated
local integration (including access to naturalization), particularly of
refugees in protracted situations. The government also provided
temporary protection to individuals who may not qualify as refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens 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.--Recent Elections.--On May
2, the Conservative Party won a majority of seats in the federal
Parliament and formed a national majority government.
Participation of Women and Minorities.--There were 76 women and
seven indigenous individuals in the 308-member federal House of
Commons; 38 members were born outside the country. There were 36 women
and six indigenous persons in the 105-seat Senate (whose members are
appointed by the governor general on the advice of the prime minister);
12 members were born outside the country. Women held 10 seats in the
39-member cabinet. Four of the nine members of the Supreme Court,
including the chief justice, were women.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. There were
isolated reports of government corruption during the year. The Federal
Accountability Act provides for transparency and accountability in
government. The Office of the Public Sector Integrity Commissioner
reports annually on allegations of corruption. A commissioner of
lobbying administers a national registry of lobbying of designated
public office holders.
A conflict of interest and ethics commissioner administers the
conflict of interest code for members of the House of Commons, as well
as the law relating to public office holders. Provincial governments
provide independent audits of government business and ombudsman
services. Elected office holders (but not other public officials) are
subject to financial disclosure laws for personal assets.
The law permits public access to government information, and in
practice the government granted access for citizens and noncitizens,
including foreign media. The law provides for denial of legal requests
for information on limited and specific grounds given and cited in law,
and there is a mechanism to appeal denials. The government released
quarterly information on the public expenditures of senior government
officials and also published expense information on individual
ministerial Web sites and on a centralized Web site.
On May 13, the Supreme Court ruled that the access to information
law does not provide for public access to all records from the offices
of the prime minister and other ministerial offices as these offices do
not qualify as ``government institutions'' under the law. The case
resolves record requests made by various claimants almost 10 years ago.
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.
Human Rights Commissions and Legislative Committees.Federal and
provincial human rights commissions enjoyed government cooperation,
operated without government or party interference, and had adequate
resources. Observers considered them effective. Parliamentary human
rights committees operated in the House of Commons and the Senate. The
committees acted independently of government, conducted public
hearings, and issued reports and recommendations to which the
government provided written, public, and timely responses.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, and the government
enforced legal provisions effectively.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, as sexual assault, and the government enforced
the law effectively. Penalties for sexual assault carry sentences of up
to 10 years in prison, up to 14 years for sexual assault with a
restricted or prohibited firearm, and between four years and life for
aggravated sexual assault with a firearm or committed for the benefit
of, at the direction of, or in association with, a criminal
organization. The government's statistical office reported that in 2010
there were more than 22,000 reported incidents of sexual assault,
sexual assault with a weapon or causing bodily harm, and aggravated
sexual assault against female and male victims. Government studies
indicated that victims of sexual assault reported about one in 10
incidents to police.
The law prohibits domestic violence. Although the criminal code
does not define specific domestic violence offenses, an abuser can be
charged with an applicable offense, such as assault, aggravated
assault, intimidation, mischief, or sexual assault. Persons convicted
of assault receive up to five years in prison. Assaults involving
weapons, threats, or injuries carry terms of up to 10 years; aggravated
assault or endangerment of life carry prison sentences of up to 14
years. The government enforced the law effectively. Studies indicated
that victims of domestic violence and spousal abuse underreported
incidents.
In November imams, Muslim organizations, scholars, and Muslim
community leaders joined a ``Call to Action to Eradicate Domestic
Violence,'' which declared that ``domestic violence and, in the
extreme, practices such as killing to `restore family honor' violate
clear and nonnegotiable Islamic principles.'' On December 9,
participating imams and Muslim leaders issued a coordinated
denunciation of violence against women, including honor-based crimes.
The federal statistical agency reported that there were
approximately 593 shelters for abused women; the shelters provided
emergency care, transition housing, counseling, and referrals to legal
and social service agencies. Shelters admitted more than 64,500 women
between April 1, 2009, and March 31, 2010, of whom almost three-
quarters had fled abusive situations. Six in 10 of those women had not
reported their abusive incidents to police. Moreover, only 27 percent
of those reported incidents resulted in formal charges.
Police received training in treating domestic violence, and
agencies provided abuse hotlines. The government's family violence
initiative involved 12 departments, agencies, and crown corporations,
including Status of Women Canada, a cabinet ministry. These entities
worked to eliminate systemic violence against women and advance women's
human rights. Provincial governments made efforts to address violence
against women as well, including Ontario's Sexual Violence Action Plan,
a C$15 million ($14.7 million) effort to prevent sexual violence and
improve support for survivors of sexual assault.
Sexual Harassment.--The law does not contain a specific offense of
``sexual harassment'' but criminalizes harassment (stalking),
punishable by up to 10 years' imprisonment, and sexual assault, with
penalties ranging from 10 years for nonaggravated sexual assault to
life imprisonment for aggravated sexual assault. The government
generally enforced these prohibitions.
Reproductive Rights.--Couples and individuals enjoyed the right to
decide freely and responsibly the number, spacing, and timing of
children without government interference, and to have the information
and means to do so free from discrimination, coercion, and violence.
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 with men to diagnosis and treatment for sexually
transmitted infections.
Discrimination.--Women have marriage and property rights, as well
as rights in the judicial system, equal to those of men. They were well
represented in the labor force, including business and the professions.
Women did not experience systemic economic discrimination in access to
or in the terms of employment, credit, or pay equity for substantially
similar work, or owning and/or managing businesses, although some
equality and labor groups reported that women represented less than one
fifth of senior officers in top executive positions in the private
sector. The federal statistical agency reported that hourly wages for
women were, on average, about 17 percent less than for men. Women did
not experience discrimination in education or housing.
Status of Women Canada promoted the legal rights of women.
Employment equity laws and regulations cover federal employees in all
but the security and defense services. However, Aboriginal women living
on reserves (where land is held communally) lack matrimonial property
rights.
On October 31, the Canadian Human Rights Tribunal awarded nurses
working for the Canada Pension Plan C$2.3 million ($2.25 million) in
damages for pay equity discrimination dating back to the 1970s. On
November 17, the Supreme Court awarded female postal workers at Canada
Post C$150 million ($147 million) to settle a landmark pay-equity
dispute that originated in 1983.
Children.--Birth Registration.--Citizenship is derived both by
birth within the country's territory and from one's parents. Births are
registered immediately, and there were no reports of the government's
denying public services, such as education or health care, to those who
failed to register.
Child Abuse.--The federal statistical agency recorded that almost
55,000 children and youth were victims of police-reported violent crime
in 2009, including approximately 41,000 assaults and 14,000 sexual
assaults. Studies indicated that family members or individuals known to
the victim represented a vast majority of the offenders. Most victims
were girls, especially in sexual assault cases.
Sexual Exploitation of Children.--The minimum age of consensual sex
is 16 years. Persons convicted of living off the proceeds of
prostitution of a child under age 18 face between two and 14 years'
imprisonment. Persons who aid; counsel; compel; use, or threaten to
use, violence, intimidation, or coercion in relation to a child under
age 18 to engage in prostitution face between five and 14 years'
imprisonment. Persons who solicit or obtain the sexual services of a
child under age 18 face between six months' and five years'
imprisonment.
The law prohibits accessing, producing, distributing, and
possessing child pornography. Maximum penalties range from 18 months'
imprisonment for summary offenses to 10 years' imprisonment for
indictable offenses.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--Approximately 1 percent of the population is
Jewish.
The B'nai Brith Canada League for Human Rights received 1,306
reports of anti-Semitic incidents in 2010, a 3.3 percent increase from
2009. More than half of such reports came from the province of Ontario.
The reports included 965 cases of harassment, 317 cases of vandalism,
and 24 cases of violence. There were 32 cases involving attacks on
synagogues, 139 involving private Jewish homes, and 26 involving
community centers. Jewish students reported 86 cases of anti-Semitic
incidents on university campuses, compared with 137 in 2009; another 84
involved primary and secondary school settings, compared with 73 in
2009. B'nai Brith also received 564 reports of Web-based hate activity,
almost a 30 percent increase from 2009.
On March 25, the government passed a law with support from all
parties to build a National Holocaust Monument in the national capital.
The monument will commemorate Holocaust victims, promote tolerance and
human rights, and educate visitors.
In early August vandals spray-painted swastikas and anti-Semitic
messages on several synagogues in Toronto. Political leaders denounced
the acts. Police investigations did not produce any arrests by year's
end.
Trafficking in Persons.--For information on trafficking in persons,
see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services or in other areas, and the government
effectively enforced these prohibitions. The government effectively
implemented laws and programs mandating access to buildings,
information, and communications for persons with disabilities.
A class-action lawsuit against the Huronia Regional Centre, a
former facility operated by the province of Ontario for persons with
developmental disabilities, which was filed in 2010 by former residents
alleging systemic abuse and neglect, remained pending at year's end. In
August a court in Ontario allowed two similar lawsuits against the
Rideau Regional Centre and the Southwest Regional Centre to proceed.
Proper facilities existed for the treatment of the mentally ill,
but mental health advocates asserted that the prison system was not
sufficiently equipped or staffed to provide the care necessary for
those in the criminal justice system, resulting in cases of segregation
and self-harm.
National/Racial/Ethnic Minorities.According to the Federal
Statistical Agency, 1,473 incidents of hate crimes were reported to
police in 2009 (an increase of 42 percent from 2008), of which 54
percent were motivated by race or ethnic bias. Blacks constituted the
most commonly targeted racial group, accounting for 38 percent of
racially motivated incidents, followed by South Asians at almost 13
percent. Racially motivated crimes against Arabs or West Asians
increased from 37 incidents in 2008 to 75 in 2009. Approximately 40
percent of the hate crimes reported to police were violent.
On May 11, after a year-long investigation, the Quebec Human Rights
Commission released a report finding that ethnic minorities in the
province, and especially in Montreal, were subject to ``targeted and
disproportionate scrutiny by police forces.'' The commission
recommended that the provincial government take remedial measures,
including the amendment of the Quebec Charter of Rights, Police Act,
and police code of ethics to prohibit racial profiling. The commission
also recommended that government departments adopt action plans to
tackle racial profiling and that police academies implement antiracism
training.
Indigenous People.--Indigenous people constituted approximately 4
percent of the national population and higher percentages in the
country's three territories: Yukon, 25 percent; Northwest Territories,
50 percent; and Nunavut, 85 percent. Disputes over land claims, self-
government, treaty rights, taxation, duty-free imports, fishing and
hunting rights, and alleged police harassment were sources of tension.
Indigenous people remained underrepresented in the workforce;
overrepresented on welfare rolls and in prison populations; and more
susceptible to suicide, poverty, chronic health conditions, and sexual
violence than other groups.
The law recognizes and specifically protects indigenous rights,
including those established by historical land-claims settlements.
Treaties with indigenous groups form the basis for the government's
policies in the eastern part of the country, but there were legal
challenges to the government's interpretation and implementation of
treaty rights. Indigenous groups in the west that never signed treaties
continued to claim land and resources, and many continued to seek legal
resolution of outstanding issues. As a result, the evolution of the
government's policy toward indigenous rights, particularly land claims,
depended on negotiation and/or legal challenges. Since 1973 the federal
government has concluded and implemented 22 comprehensive land claims
and two stand-alone self-government agreements with indigenous people.
As of January 2010, the government reported that negotiations for 69
self-government and comprehensive land claims were active. As of March
31, 504 specific claims or grievances filed by indigenous people
regarding the implementation of existing treaties remained unresolved,
according to government reports. Indigenous groups that cannot settle
specific claims through negotiation within a three-year period may
refer the claim to the Specific Claims Tribunal (a judicial panel) for
a decision or to the courts.
The law imposes statutory, contractual, and common-law obligations
to consult with Aboriginal peoples in the development and exploitation
of natural resources on land covered by treaty or subject to land
claims. The Supreme Court has ruled that the federal government has the
constitutional duty to consult and, where appropriate, accommodate
indigenous peoples when the government contemplates actions that may
adversely impact potential or established Aboriginal and treaty rights.
In March an Amnesty International report called on provincial and
federal governments to address gross disparities between indigenous and
nonindigenous people in access to adequate child welfare services,
clean water, education, and housing. On March 8, a federal auditor
general's report found child welfare services in Nunavut Territory
inadequate and reported that territorial services failed to protect
children from placement in unsafe environments.
On June 9, a federal auditor general's report found that a
``disproportionate number'' of indigenous people lacked basic social
services, especially education, housing, child welfare, and safe
drinking water. On June 28, the Quebec Human Rights Commission reported
that Inuit children in Nunavik, northern Quebec, were exposed to rates
of domestic violence 10 times higher than the national average due to
overtaxed or nonexistent community social services.
Also on June 9, the government and indigenous leaders partnered to
launch a Canada First Nation Joint Action Plan to improve education,
unemployment, and governance for indigenous people living on reserves.
On June 18, the government extended the protection of the federal Human
Rights Act to more than 700,000 Aboriginal people who live on reserves
and who were specifically excluded from the ability to file complaints
under the act before 2008. The protection came into force upon the
expiry of a three-year transitional period.
On August 17, the Ontario Superior Court ruled that the provincial
government had no authority to grant industrial logging leases on land
in northern Ontario covered by a treaty between the federal government
and the Grassy Narrows First Nation. The court ruled that the federal
government had jurisdiction and responsibility to protect Aboriginal
hunting and trapping treaty rights. The Grassy Narrows First Nation had
litigated for 11 years to stop clear-cut logging on their traditional
lands, arguing that clear cutting contaminated the water supply and
adversely affected their quality of life.
In October the First Nations community of Attawapiskat, northern
Ontario, declared a state of emergency over housing and living
conditions on the reserve. National Aboriginal representatives alleged
that similar conditions existed in Aboriginal communities across the
country. The federal government provided emergency housing to residents
of Attawapiskat and appointed a third-party manager for the community.
On November 18, the federal and the Newfoundland and Labrador
provincial governments signed documents with the Labrador Innu relating
to land claims, self-government, and an impact and benefit agreement
relating to the Lower Churchill River development.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination based on sexual orientation, and the criminal code
provides penalties for crimes motivated by bias, prejudice, or hate
based on personal characteristics, including sexual orientation.
Lesbian, gay, bisexual, and transgender organizations operated
independently and without restriction. There was no official
discrimination based on sexual orientation in employment and
occupation, housing, statelessness, or access to education or health
care.
There were occasions of violence and abuse against individuals
based on sexual orientation, but the government generally implemented
the law criminalizing such behavior effectively.
Other Societal Violence or Discrimination.--There were no known
reports of societal violence or discrimination against persons with
HIV/AIDS. Courts generally interpreted prohibitions against
discrimination on the basis of disability in federal and provincial
human rights statutes to include discrimination against persons with
HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers (except armed forces and police) in both the
public and the private sectors to form and join unions of their choice,
to conduct legal strikes, and to bargain collectively.
Workers in the public sector who provide essential services,
including police and armed forces, do not have the right to strike but
have mechanisms to ensure due process and protect workers' rights.
Workers in essential services had recourse to binding arbitration if
labor negotiations failed. The law prohibits antiunion discrimination
and provides for reinstatement for workers fired for union activity.
Provincial governments have and enforce their own labor laws that
apply to provincially regulated occupations. Agricultural workers in
Alberta, Ontario, and New Brunswick do not have the right to organize
or bargain collectively under provincial law.
The government effectively enforced applicable laws in a timely
fashion and respected freedom of association and the right of
collective bargaining in practice. Worker organizations were
independent of the government and political parties. Workers exercised
the right to strike in practice.
Labor unions complained that federal or provincial governments'
actions in several cases constituted interference with collective
bargaining rights. On February 22, the Quebec government adopted back-
to-work legislation to end a two-week strike by Quebec crown
prosecutors. On June 16, striking Air Canada ticket agents settled
their dispute with the company after the federal government introduced
back-to-work legislation in parliament to end the strike. On June 26,
the federal parliament passed back-to-work legislation to end a legal
strike by Canada Post workers.
On September 20, Air Canada and its flight attendants' union
reached a tentative settlement after the government gave formal notice
of its intent to introduce and expedite back-to-work legislation to
avert a pending strike. Flight attendants subsequently rejected the
pending deal. On October 12, the government referred the stalled
contract talks to the Canada Industrial Relations Board for review,
legally suspending an imminent strike. The government cited the
negative impact of a strike on travelers and the economy as cause for
its action. On November 7, the board imposed the agreement reached in
September without alteration.
In April the Supreme Court upheld an Ontario law prohibiting
agricultural workers (including foreign migrants) in the province from
bargaining collectively. The ruling overturned a 2008 decision by the
Court of Appeal of Ontario that had struck down the law as
unconstitutional. In 2010 the International Labor Organization had
noted the law violated the human rights of agricultural workers.
There were no reports of violations related to collective
bargaining rights or other antiunion discrimination.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, and the government effectively
enforced the law. The government investigated and prosecuted several
cases of forced labor and domestic servitude, informed workers of their
legal rights, and maintained some measures to hold employers of foreign
migrant workers accountable. However, there were reports that foreign
(or noncitizen or foreign-born) adults were subjected to forced labor
in the agricultural sector, food processing, cleaning services,
hospitality, and construction industries; domestic servitude; and
prostitution. Nongovernmental organizations (NGOs) reported that bonded
labor and domestic servitude constituted the majority of cases of
exploitation.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor legislation varies by province, and there are sufficient
laws to protect children from exploitation in the workplace. Most
provinces restrict the number of hours of work to two or three hours on
a school day and eight hours on a nonschool day and prohibit children
under age 15 or 16 from working without parental consent, after 10 or
11 p.m., or in any hazardous employment. During official school or
academic breaks, the federal government employed youths between ages 15
and 17 for work that is unlikely to endanger their health or safety.
Child labor laws and policies were enforced effectively, and the
child labor inspections were carried out by federal and provincial
labor ministries. Child labor was not a problem in the country.
d. Acceptable Conditions of Work.--Minimum wage rates ranged from
C$8.80 to C$11.00 ($8.62 to $10.78). Some provinces exempt
agricultural, hospitality, and other specific categories of workers
from minimum-wage rates, and Ontario has a minimum-wage rate for youths
under age 18 who work less than 28 hours per week when school is in
session that is lower than the respective minimum for adult workers.
Standard work hours vary by province, but in each the limit is 40
or 48 hours per week, with at least 24 hours of rest. The law requires
payment of a premium for work above the standard workweek. Entitlement
to paid annual leave varies by province, but the law requires a minimum
of 10 days paid annual leave per year (or payment of 4 percent of wages
in lieu) after one year of continuous employment. Some provinces
mandate an additional week of paid leave to employees who have
completed a specified length of service. There is no specific
prohibition on excessive compulsory overtime, which is regulated by
means of the required rest periods in the labor code that differ by
industry. Some categories of workers have specific employment rights
that differ from the standard, including commercial fishermen, oil
field workers, loggers, home caregivers, professionals, managers, and
some sales staff.
Federal law provides safety and health standards for employees
under federal jurisdiction, while provincial and territorial
legislation provides for all other employees, including foreign and
migrant workers. Federal, provincial, and territorial laws protect the
right of workers with ``reasonable cause'' to refuse dangerous work and
remove themselves from hazardous work conditions, and authorities
effectively enforced this right.
Authorities effectively enforced labor standards. Federal and
provincial labor departments monitored and enforced these standards and
conducted inspections proactively through scheduled visits, reactively
in response to complaints, and at random.
Enforcement measures included a graduated response, with a
preference for resolution via voluntary compliance, negotiation, and
education; prosecution and fines served as a last resort. Some trade
unions argued that limited resources hampered the government's
inspection and enforcement efforts.
In February the province of Ontario named a new interim council for
health and safety and in August named its first chief prevention
officer to oversee reforms of provincial policy in line with key
recommendations of a 2010 expert panel on Ontario's workplace health
and safety system.
Some NGOs reported that migrants, new immigrants, young workers,
and the unskilled were vulnerable to violations of the law on minimum
wage, overtime pay, unpaid wages, and excessive hours of work, and they
alleged that restrictions on the type of labor complaints accepted for
investigation and delays in processing cases discouraged the filing of
complaints in practice. There were no known developments in the
investigation into the workplace fatalities of two Jamaican migrant
agricultural workers in a fruit-processing facility in Ontario in 2010.
__________
CHILE
executive summary
Chile is a constitutional multiparty democracy. In January 2010
voters chose Sebastian Pinera Echenique of the center-right Coalition
for Change as president in elections that were generally considered
free and fair. Security forces reported to civilian authorities.
The principal human rights problems reported during the year were
poor prison conditions; allegations of excessive use of force and
mistreatment by police forces, including during student protests; and
disputes between indigenous communities and the government regarding
land rights, development, and judicial matters.
Additional human rights concerns in the country included violence
against women and child abuse.
The government generally took steps to prosecute officials who
committed abuses, whether in the security services or elsewhere in the
government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings. However, there were reports of killings by the
carabineros (national uniformed police).
On March 19, members of the carabineros in La Ligua allegedly
detained and beat 19 year-old Luis Santander. Police left Santander
with a ruptured spleen, and he died in the street. A criminal
investigation was pending at year's end.
On August 25, in the Macul neighborhood of Santiago, a member of
the carabineros allegedly shot and killed 16-year-old Manuel Gutierrez
at the end of a two-day national strike. Carabineros initially denied
involvement in the shooting, despite eyewitness accounts. However, a
criminal investigation determined that a carabineros unit used its
weapons in the vicinity of the shooting, a fact that unit members had
attempted to hide and of which they failed to inform their superiors.
Six members of the unit were discharged, and the carabineros' general
in charge of the area resigned. On September 3, a military prosecutor
indicted former sergeant Miguel Millacura for unnecessary use of force
resulting in Gutierrez's death and placed Millacura in pretrial
detention. On November 17, a military court released Millacura on
provisional liberty. The case was pending at year's end.
On January 26, former Santiago Appellate Court judge and prosecutor
Beatriz Pedrals presented 726 new legal complaints for dictatorship-era
executions that had not yet been investigated, including the 1973 death
of then president Salvador Allende. The cases were assigned to Special
Investigative Judge Mario Carozza.
On March 5, the Group of Family Members of the Politically Executed
presented 403 new cases to Judge Carroza for 566 victims of
dictatorship-era human rights violations, including the case of U.S.
citizen Ronnie Moffit, who was killed in Washington, D.C. in 1976.
In 2009 Judge Alejandro Madrid charged six persons for allegedly
poisoning former president Eduardo Frei Montalva in 1982. A National
Intelligence Directorate (DINA) agent, a doctor, and Frei's driver were
charged with murder. Two other doctors who allegedly falsified the
autopsy were charged as accessories to the crime, and another doctor
was charged as an accomplice. The case remained pending at year's end,
and none of those charged had been detained.
b. Disappearance.--There were no reports of politically motivated
disappearances.
Judge Jorge Zepeda continued his investigation into the 1985
disappearance case of U.S. citizen Boris Weisfeiler. In March 2010
Weisfeiler family members separately resubmitted the case to the
Advisory Commission on the Classification of Disappearances, Political
Executions, and Victims of Political Imprisonment and Torture (Valech
Commission), which reviewed new requests to recognize dictatorship-era
cases as human rights violations (see section 5). On August 18, the
commission issued its final report, which did not recognize the
Weisfeiler disappearance as a human rights violation.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits such practices,
nongovernmental organizations (NGOs) received reports of excessive
force, abuse, and mistreatment by carabineros, investigative police
(PDI) members, and prison guards, few of which resulted in convictions.
In December a military prosecutor indicted six carabineros for
``applying torments, mental pressure, and illegal detention'' to Juan
Berrios, whom the officers detained in a police van and threatened to
``disappear'' at gunpoint in December 2010. The case was pending at
year's end.
The prison system (gendarmeria) opened administrative
investigations into 116 allegations of abuse during the year. Of these
cases, 15 were closed and 101 were pending at year's end.
Prison and Detention Center Conditions.--Prison conditions
generally were poor. Prisons often were overcrowded and antiquated,
with substandard sanitary conditions and inadequate food and medical
services in some cases. Prisoners had access to potable water, although
exposed sewage was a problem in some prisons. The 2011 Diego Portales
University Law School Annual Report on Human Rights stated that
violence, including torture, occurred and was justified by prison
officials as necessary to maintain order. Violence among inmates was
also common.
In isolated instances prisoners died due to lack of clear prison
procedures and insufficient medical resources. Prison officials
reported that there were 161 deaths during the year, compared with 249
in 2010. Prisoners with HIV/AIDS and mental disabilities failed to
receive adequate medical attention in some prisons.
Government sources indicated there were approximately 52,300
prisoners in prisons designed to hold 33,200 inmates. Prisoners
included 4,571 women, who were held in separate sections of the same
facilities. As of November there were 1,772 minors held in specially
designated facilities, of which 524 were held provisionally during
their trial.
A prosecutor's investigation of the December 2010 fire at San
Miguel in Santiago (which resulted in deaths of 81 inmates) remained
pending at year's end.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities generally investigated these
allegations and documented the results in a publicly accessible manner.
During the year the government took steps to improve recordkeeping and
use alternative sentencing for nonviolent offenders, such as
conditional release for community service.
The government usually investigated and monitored prison and
detention center conditions. However, on November 16, four judges in
Arica were sanctioned for not fulfilling their obligation to make
weekly prison visits. The government permitted prison visits by
independent human rights observers, and such visits took place at both
government and privately operated facilities. Prisoner and human rights
groups continued to investigate alleged use of abuse or excessive force
against detainees. There were no prison ombudsmen.
In October 2010 the Ministry of Justice presented the government
with 11 proposals for prison reform which began to be implemented in
2011. These proposals included providing inmates with additional bunks,
mattresses, and blankets; increasing the time inmates spent outside of
their cells, as well as their access to religious support; and
improving food, sanitation, and lighting in prisons.
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 carabineros and the
PDI have responsibility in law and in practice for law enforcement and
maintenance of order within the country. Both forces are overseen by
the Ministry of the Interior.
Civilian authorities maintained effective control over the
carabineros and the PDI, 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.--Only public
officials expressly authorized by law can arrest or detain citizens and
generally did so openly with warrants based on sufficient evidence
brought before an independent judiciary. Authorities must immediately
inform a prosecutor of an arrest and generally did so in practice.
The prosecutor must open an investigation, receive a statement from
the detainee, and ensure that the detainee is held at a local police
station until the detention control hearing. Detention control hearings
are held twice daily, allowing for a judicial determination of the
legality of the detention within 24 hours of arrest. Detainees must be
informed of their rights, including the right to an attorney and the
right to remain silent until an attorney is present. Public defenders
are provided to detainees if they do not select a lawyer of choice.
Authorities must expedite notification of the detention to family
members. If authorities do not inform the detainees of their rights
upon detention, the process can be declared unlawful by the judge
during the detention control hearing.
The law allows judges to set bail, grant provisional liberty, or
order continued detention as necessary to the investigation or for the
protection of the prisoner or the public.
The law affords detainees 30 minutes of immediate and subsequent
daily access to a lawyer (in the presence of a prison guard) and to a
doctor to verify their physical condition. Regular visits by family
members are allowed.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Trial Procedures.--Defendants enjoy a presumption of innocence and
have a right of appeal. The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. National
and regional prosecutors investigate crimes, formulate charges, and
prosecute cases. Three-judge panels form the court of first instance:
the process is oral and adversarial, trials are public, defendants have
the right to be present and consult with an attorney in a timely
manner, and judges rule on guilt and dictate sentences. Defendants do
not enjoy the right to a trial by jury. Court records, rulings, and
findings were generally accessible to the public.
The law provides for the right to legal counsel, and public
defenders' offices across the country provide professional legal
counsel to anyone seeking such assistance. Defendants can confront or
question witnesses against them and/or present witnesses and evidence
on their behalf, although the law provides for protected witnesses in
certain circumstances. Defendants and their attorneys generally have
access to government-held evidence relevant to their cases with some
exceptions. When requested by other human rights organizations or
family members, the NGO Corporation for the Promotion and Defense of
the Rights of the People and other lawyers working pro bono assisted
detainees during interrogation and trial.
For crimes committed prior to the implementation of the 2005
judicial reforms, criminal proceedings are inquisitorial rather than
adversarial. At year's end one inquisitorial criminal court remained
open and had an extensive wait for trials.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees, although some indigenous Mapuche
convicted of criminal offenses claimed to be political prisoners.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, which permits individuals to
seek civil remedies for human rights violations. However, the civil
justice system retains antiquated and inefficient procedures. The
average civil trial lasted approximately five years, and civil suits
could continue for decades. There are administrative and judicial
remedies available for alleged wrongs.
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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and 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.
Military courts may charge and try civilians for defamation of
military personnel and for sedition, but their rulings can be appealed
to the Supreme Court.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
In June the government revealed that it was monitoring online
social networks as a way to measure public opinion. In April the
government hired the firm BrandMetric to conduct the monitoring and
analyze the data. Representatives from the government and BrandMetric
stated they were not monitoring individuals, but rather looking for
themes related to government interests. On August 11, the government
shut down the monitoring program under intense public opposition.
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.--Student protests regarding education reform took place
throughout the year. The government routinely granted permits for
student marches and demonstrations, occasionally refusing permission
for certain routes, citing a concern for public safety.
The police used tear gas and water cannons, and forcibly detained
some protesters to maintain order and respond to acts of vandalism that
occurred during many of the protests.
On November 4, the Inter-American Commission on Human Rights
(IACHR) issued a statement on the government's handling of the student
protests, expressing concern over the acts of police violence. The
IACHR called on the government to take the necessary steps to ensure
complete respect for the rights of freedom of expression, assembly, and
protest, and to impose only those restrictions that are strictly
necessary and proportionate and take into account the state's special
obligation to guarantee the rights of high-school and university
students.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected it in practice.
c. Freedom of Religion.--See the Department of State's
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 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 U.N. 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.
Protection of Refugees.--Access to Asylum.--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.
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.--Recent Elections.--In
January 2010 voters chose Sebastian Pinera Echenique of the center-
right Coalition for Change as president in free and fair run-off
elections. In December 2009 voters also elected 18 of the 38 senators
and all members of the Chamber of Deputies in elections generally
considered free and fair.
Participation of Women and Minorities.--There were 17 women in the
120-seat Chamber of Deputies and five women in the 38-seat Senate.
There were four women in the 22-member cabinet. Indigenous people have
the legal right to participate freely in the political process, but
relatively few were active apart from those elected at the municipal
level.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. There were
isolated reports of government corruption during the year.
On December 9, Judge Antonella Sciaraffia of Iquique was suspended
temporarily on charges of illicit association, falsification of
numerous public instruments, and fraud. The charges came amid
additional allegations of fraud in contract awards for schools in Arica
and Iquique for which Sciaraffia was responsible. The case was pending
at year's end.
On December 12, former congressional deputy Maximiano Errazuriz was
found guilty of fraud and sentenced to three years and a day in prison
for his role in falsely renting an office and receiving an income of
approximately 30,000,000 pesos ($62,000) between 2004 and 2009.
Errazuriz was ordered to pay a fine equal to 10 percent of the funds
and prohibited from holding elected office again.
In January 2010 a judge convicted Andres Contardo, a former
consultant for both the Civil Registry and Tata Consultancy Services,
of disclosing secret civil registry information to Tata. Contardo was
sentenced to more than four years in prison but was released on parole.
Thirty-seven others were indicted in connection with the case, some of
whom were convicted, some of whom were given community service hours in
return for their cooperation and the return of funds, and some of whom
were awaiting trial at year's end.
The law subjects public officials to financial disclosure and
assigns responsibility to the comptroller for conducting audits of
government agencies and to the Public Prosecutor's Office for
initiating criminal investigations of official corruption.
The constitution requires the government and its agencies to make
all unclassified information about their activities available to the
public. In practice the government granted citizens and noncitizens,
including foreign media, access to all unclassified information. An
autonomous transparency council provides for the right of access to
information and ruled on cases in which information is denied. On
September 13, the government launched a new Web site that provides
online access to public information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
Government Human Rights Bodies.--The autonomous National Institute
of Human Rights (INDH), established in 2010, operated independently of
the government, issued public statements, and proposed changes to
government agencies or policies to ensure the promotion and protection
of human rights. On December 15, the INDH released its 2011 report,
which expressed concern over several human rights issues in the
country, including indigenous rights and the restitution of ancestral
lands, the use of force by the carabineros during protests, and the
prosecutor's application of the antiterrorism law. The Senate and
Chamber of Deputies also have standing human rights committees
responsible for drafting human rights legislation.
In February 2010 the Valech Commission began accepting new and
resubmitted requests to recognize dictatorship-era cases of execution,
disappearance, and torture as human rights violations. The application
process was open for six months, and the commission received more than
32,500 petitions. On August 18, the commission presented its findings
to President Pinera, and the government officially released the final
report on August 26. The commission recognized 30 new cases of
disappearances and executions, and 9,800 new cases of political
imprisonment and torture.
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 enforced these
prohibitions. However, such discrimination continued to occur.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape. Penalties for rape range from five to 15 years'
imprisonment, and the government generally enforced the law when cases
of rape were reported.
The law protects the privacy and safety of the victim making the
charge. Between January and August the Public Prosecutor's Office
investigated 3,456 cases of rape, and the courts handed down 490 rape
convictions. Experts, however, believed that most rape cases went
unreported due to fear of further violence, retribution, and social
stigma.
The law criminalizes domestic violence, recognizing both physical
and psychological violence. However, it remained a serious problem in
the country. Family courts handle cases of domestic violence and
penalize offenders with fines up to 556,680 pesos ($1,151). Additional
sanctions include eviction of the offender from the residence shared
with the victim, restraining orders, confiscation of firearms, and
court-ordered counseling. Cases of habitual psychological abuse and
physical abuse cases in which there are physical injuries are
prosecuted in the criminal justice system. Penalties are based on the
gravity of injuries and range from 61 to 540 days' imprisonment.
The authorities generally enforced the law in cases reported to
them, and there was no indication of police or judicial reluctance to
act. However, experts believed that most domestic violence cases went
unreported; again this was due to fear of further violence,
retribution, and social stigma. Between January and August, the Public
Prosecutor's Office initiated investigations into 72,222 cases of
family violence and convicted 9,405 offenders of domestic violence.
The government launched a nationwide campaign in November 2010
(including advertisements on television, billboards, and public
transportation) designed to raise awareness about domestic violence and
encourage women to report abuse. SERNAM, the National Women's Service,
operated 94 assistance centers and 24 women's shelters, and it
maintained partnerships with NGOs to provide training for police
officers and judicial and municipal authorities on the legal and
psychological aspects of domestic violence. The Ministry of Justice and
the PDI operated several offices specifically dedicated to providing
counseling and assistance in rape cases. SERNAM also operated a round-
the-clock hotline for victims of violence, including domestic abuse and
rape. Data was not available to assess the effectiveness of government
campaigns against domestic and sexual violence.
Sexual Harassment.--Sexual harassment is a misdemeanor. Penalties
are outlined exclusively in the labor code. By law sexual harassment is
cause for immediate dismissal from the workplace. The law requires
employers to define internal procedures for investigating sexual
harassment, and employers may face fines and additional financial
compensation to victims if internal procedures are not met. The law
provides protection to victims of sexual harassment by employers and
coworkers. It also provides severance pay to victims who resign due to
sexual harassment if they have completed at least one year with the
employer. Authorities generally enforced the law in cases reported to
them, and there was no evidence of police or judicial reluctance to
act. During the year the Labor Directorate received 112 complaints of
sexual harassment, and 18 offenders were convicted.
Reproductive Rights.--Couples and individuals had the right to
decide freely and responsibly the number, spacing, and timing of
children and had the information and means to do so free from
discrimination, coercion, and violence. Government policy did not
interfere with access to contraception, skilled attendance during
childbirth, prenatal care, or essential obstetric and postpartum care.
However, despite the fact that emergency contraception is legal and
that the law provides for the free distribution of emergency
contraception in the public health system, many hospitals and clinics
continued to refuse to prescribe.
Social and cultural barriers in terms of reproductive rights
existed in some cases. The law on surgical sterilizations requires
voluntary informed consent. However, the Center for Reproductive Rights
reported that there were some cases in which health-care workers
pressured or forced HIV-positive women into surgical sterilization.
Women faced significant obstacles to preventing HIV infection,
including sociocultural norms, gender-based violence, and lack of
information. The law prohibits discrimination against people on the
basis of their HIV status, and in the area of health care the law
provides that neither public nor private health institutions can deny
access to health-care services on the basis of a person's serological
status. However, the Center for Reproductive Rights continued to report
that HIV-positive women received discriminatory health-care treatment,
especially in reproductive health services. Problems included delayed
care, verbal abuse, pressure not to have children, or refusal of
treatment.
Discrimination.--Women enjoy most of the same legal rights as men.
However, discrimination in employment, pay, owning and managing
businesses, and education occurred. There were no known reports of
discrimination in credit or housing. Despite the possibility of a
``community property'' marital arrangement, in which each spouse
maintains separate control of the assets brought into the marriage, the
default and most common marital arrangement is ``conjugal society,''
which gives a husband the right to administer joint property, including
his wife's property. As a result, women who were married under the
conjugal society arrangement were usually required to obtain permission
from their husbands to apply for housing subsidies and take out loans
or mortgages, while men had unrestricted access to these and other
services. Under a 2007 agreement with the IACHR, the government
committed to modify the law to give women and men equal rights and
responsibilities in marriage. Implementing legislation remained pending
at year's end. The commercial code provides that unless a woman is
married under the separate estate regime, she may not enter into a
commercial partnership agreement without permission from her husband; a
man may enter into such an agreement without permission from his wife.
Despite a 2009 law providing for equal pay for equal work, the
overall gap in wages was 32 percent in 2010, and the gap among those
with a university education was 35 percent. Only 47 percent of women
participated in the labor force in 2010 (compared with 78 percent of
men), and they were more likely to work in the informal sector. The
labor code provides specific benefits for pregnant workers and mothers
of children under two years old, including a prohibition against
dismissal during pregnancy and throughout the 449 days after the birth
of a child. SERNAM is in charge of protecting women's legal rights and
is the only government office that deals specifically with
discrimination against women.
On October 17, the Post-Natal Leave Law went into effect, which
extends maternity leave in the country from three to six months and was
estimated to benefit 2.5 million women, including noncontracted
temporary workers. The new law allows for a paternity leave option and
gives mothers the flexibility to choose half-day or full-time leave
during the last three months of postnatal leave. Employers who obstruct
the right to maternity leave are subject to fines of up to 5,000,000
pesos ($10,338). However, some women's groups claimed that the new law
does not go far enough in promoting gender equality and noted that the
required conditions for noncontracted women to take leave put the new
benefits out of reach for many.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory and from one's parents or grandparents,
and births are registered immediately.
Child Abuse.--Violence against children was a significant problem.
The National Children's Service (SENAME) ran 84 programs for children
and youth in high risk situations. SENAME also collaborated with
municipal governments to run 114 local branches of the Office for the
Protection of Children's Rights throughout the country. SENAME, the
carabineros, and the PDI cooperated with schools and NGOs to identify
children in abusive situations. These groups provided counseling and
other social services to abused children.
Sexual Exploitation of Children.--The penalties for commercial
sexual exploitation of children range from three to five years in
prison. The range increases from five years and a day to 20 years and a
fine of 31 to 35 UTM ($2,454 to $2,771) in cases where exploitation is
habitual, or if there was deceit or abuse of authority or trust. The
UTM is a legally defined currency unit, indexed to inflation,
equivalent to approximately $79. The criminal code considers 18 the age
for consensual sex. Sex with a girl between ages 14 and 18 may be
considered statutory rape, and sex with a child under age 14 is
considered rape, regardless of consent or the victim's gender.
Penalties for statutory rape range from five years and a day to 20
years in prison. Child pornography is a crime. Penalties for producing
child pornography range from 541 days to five years in prison. Child
prostitution was a problem. Children engaged in prostitution for
survival with and without third-party involvement.
Institutionalized Children.--An August report released by family
court judges described substandard conditions in some children's
shelters. The report described a shelter where the children received
two meals a day, consisting only of bread, and where there had been a
gas leak for months. The report also described a shelter in which
children identified as sex offenders were housed with children
identified as being vulnerable to, or victims of, sexual abuse.
Additionally there was an account of a girls' shelter without privacy
or adequate heating.
In May 2010 PDI detectives arrested nine individuals for alleged
sexual exploitation of adolescent girls at the Capullo youth home run
by SENAME in the Bio-Bio region. All four of the resulting lawsuits
ended in convictions.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There were approximately 15,000 members of the
Jewish community. There were various reports of anti-Semitic incidents
during the year, such as acts of vandalism, verbal slurs, bomb threats,
and online harassment. Authorities noted an increase in anti-Semitic
comments made via social media during the year, including by several
congressional deputies. Vandalism included desecration of Jewish
community institutions, such as schools, synagogues, and cemeteries.
Neo-Nazi and skinhead groups engaged in gang-type criminal
activities and violence against immigrants, homosexuals, punk rockers,
and anarchists. Some skinhead groups shared the anti-Semitic rhetoric
of neo-Nazi groups.
The interior minister, who is Jewish, was the target of several
anti-Semitic remarks throughout the year. On August 11, the president
of the College of Professors accused the minister of using ``Zionist
methods of apartheid'' and ``having some upbringing in some school of
Israel.'' After widespread condemnation, the College of Professors
president apologized for the remarks. On December 21, following the
interior minister's condemnation of a Communist Party letter of
condolence to North Korea for the death of Kim Jong Il, a deputy from
the Communist Party stated via Twitter that the interior minister was
``a Jew who acted like a Nazi."
On December 31, a deputy from the Christian Democrats made anti-
Semitic comments on Twitter about an Israeli tourist accused of
starting a fire in Torres del Paine.
The National Office of Religious Affairs is part of the executive
branch and is responsible for promoting religious freedom and
tolerance.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, and the
provision of other state services, and the government effectively
enforced these provisions. However, persons with disabilities suffered
forms of de facto discrimination. Law 20,422, which came into effect in
February 2010, establishes norms for equal opportunity and social
inclusion for persons with disabilities. The law provides for universal
equal access to buildings, information, and communications. However,
most public buildings did not comply with legal accessibility mandates.
An improved transportation system in Santiago provided additional, but
still limited, accessibility for persons with disabilities. Public
transportation outside of the capital remained problematic.
The 2010 law also created the National Service for the Disabled
(SENADIS), which replaced the National Fund for Persons with
Disabilities. SENADIS operates under the jurisdiction of the Ministry
of Planning and has responsibility for protecting the rights of persons
with disabilities and creating programs to promote their better
integration into society.
A number of communities around Santiago built parks that cater to
the needs of children with physical, visual, and hearing impairments.
This effort was part of a larger government initiative to provide
universal access to public spaces.
Indigenous People.--Indigenous people (approximately 5 percent of
the total population) have the right to participate in decisions
affecting their lands, cultures, and traditions, including the
exploitation of energy, minerals, timber, or other natural resources on
indigenous lands. However, the INDH noted in its 2011 annual report
that government policies and judicial decisions regarding consultation
with indigenous peoples limited their participation and restricted the
measures and subjects of discussion. The INDH's 2010 report stated that
serious institutional deficits persisted regarding indigenous peoples'
economic, social, and cultural rights; political participation; and
land and territorial rights. Indigenous people also experienced
societal discrimination, and there were reported incidents in which
they were attacked and harassed. Indigenous women faced triple
discrimination on the basis of their gender, indigenous background, and
reduced economic status, and they were especially vulnerable to
violence, poverty, and illness.
There were isolated instances of violence between the Mapuche and
landowners, logging companies, and police in the southern part of the
country. The actions usually took the form of protests regarding
historic Mapuche concerns about their rights to ancestral lands.
Instances of rock throwing, land occupations, and burning crops,
buildings, or vehicles occurred. Mapuche activists and police forces
stationed in the area to guard private lands sometimes engaged in
skirmishes.
There were reports of police abuse against Mapuche individuals and
communities. On August 24, the Americas director of Human Rights Watch
stated that ``there is, indeed, strong evidence of police abuse, of
police brutality during raids, and of excessive and unjustified force,
which has resulted in the loss of Mapuche lives.'' The military justice
system is responsible for investigating all cases of alleged police
abuse.
The NGO Citizens' Observatory (OC) reported police searches of
Mapuche homes without a warrant, arrest and release of Mapuche
individuals without a detention control hearing, and police use of
intimidation and discriminatory statements against Mapuche individuals,
including minors. The INDH's 2011 report stated that the rights of
Mapuche children in these contexts were not always protected.
The Ethical Commission Against Torture's annual report noted that,
as of May, 62 Mapuche individuals had been jailed, indicted, or
convicted for actions that included destruction of property, attacks on
farms, or confrontations with police. The Equitas Foundation's
Barometer of Politics and Equality report in April noted that sentences
for police convicted of crimes against Mapuche were noticeably more
lenient than those for Mapuche individuals.
On December 22, the Temuco Appellate Court issued instructions to
carabineros to use extreme caution in the treatment of minors after
police detained a 12-year-old Mapuche boy on December 8. On December
21, the same court issued instructions to carabineros to abstain from
using tear gas near indigenous homes in response to an appeal made by a
Mapuche community following carabineros' use of tear gas during
searches in early November.
On January 10, the U.N. special rapporteur on the rights of
indigenous peoples sent a communication to the government regarding the
December 2010 police evictions of Rapa Nui protesters from government
buildings and public spaces on Easter Island. The special rapporteur
recommended that the government avoid evictions and maintain a police
force on the island necessary and proportional to ensure the security
of its inhabitants. On February 7, the IACHR granted precautionary
measures for the Rapa Nui, requesting that the government guarantee
that the actions of its agents in handling protests and evictions would
not jeopardize the life or physical integrity of members of the Rapa
Nui. In February President Pinera appointed a special commissioner for
Easter Island. The Special Commissioner's Office oversees four working
groups created to address migration, land, development, and the
island's status as a special territory. On October 31, the IACHR lifted
its measures.
The OC denounced the September 2010 prosecution of Karina Riquelme,
an attorney and member of the Center for Research and Defense SUR, who
has defended Mapuche protesters. On November 11, Riquelme was convicted
of illegally exercising the legal profession in 2009 and sentenced to
21 days with a conditional pardon. The OC denounced the action as an
attempt to intimidate and discredit Riquelme. An appeal was pending at
year's end.
On June 3, the Supreme Court partially annulled the sentences of
four Mapuche individuals who were convicted in February of attempted
murder and armed robbery. The four were part of a group of more than 30
Mapuche awaiting trial who went on a hunger strike in July 2010 to
protest their prosecution under the antiterrorism law and the military
justice system. While antiterrorism charges were dropped in 2010, the
defendants appealed on the grounds that their due process rights had
been violated because evidence collected and used during their trial
was done so under special antiterrorism law provisions. The Supreme
Court upheld sentences for armed robbery but overturned the convictions
for attempted murder, replacing them with convictions for assault and
reducing total sentences of 20 to 25 years in prison to between eight
and 14 years. The four convicted Mapuche held another hunger strike
during the year, which ended June 9 after the formation of a Commission
for the Rights of the Mapuche People, which included the INDH director,
the archbishop of Concepcion, and Mapuche leaders. The commission's
objective was to listen to the demands of Mapuche communities and
suggest solutions to authorities.
On January 19, a group of observers from the International
Federation of Human Rights issued a declaration regarding the situation
of three Mapuche youth accused of arson and illicit association under
the antiterrorism law. Two of the youths were released under partial
house arrest in January, while the third was released under partial
house arrest on February 11, after being held in pretrial detention in
a SENAME juvenile justice facility since April 2010. A fourth was
arrested in April, charged, and released under partial house arrest.
All four were awaiting trial at year's end.
On November 24, the Military Court of Valdivia convicted Special
Operations police Corporal Miguel Patricio Jara for the use of
unnecessary force resulting in the 2009 death of Jaime Mendoza. Mendoza
was killed while occupying private land in Ercilla. Jara was sentenced
to five years in prison and an appeal was pending at year's end.
On December 15, the Supreme Court rejected a procedural appeal in
the case of Matias Catrileo, who was killed by a carabinero in 2008
while occupying private land. The court's decision upheld the
conviction of carabineros corporal Walter Ramirez for unnecessary
violence resulting in Catrileo's death, which had increased Ramirez's
sentence to three years in prison and prohibited him from serving in
public office for the duration of his sentence, although it allowed him
to serve time on parole.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The Movement for Homosexual
Integration and Liberation (MOVILH) reported 138 cases of
discrimination due to sexual orientation in 2010, compared with 124
reported cases in 2009. MOVILH also noted a worsening in the acts of
violence against the lesbian, gay, bisexual, and transgender community,
including one killing, five acts of physical or verbal aggression, two
incidents involving mistreatment by police, and nine incidents of work
discrimination in 2010.
Earlier in the year, the Inter-American Court of Human Rights
accepted the 2009 IACHR petition to hear the case of Karen Atala, a
judge who claimed discrimination in the loss of custody of her three
daughters because she is a lesbian. The case was pending at year's end.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS or
against other groups not covered above.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
Workers, with the exception of police and military personnel, have the
right to form and join independent unions of their choice without
previous authorization. With some limitations, the law also allows
strikes, protects the right of collective bargaining, and prohibits
antiunion practices.
Union leaders are restricted from being members of political
parties, and the Directorate of Labor has broad powers to monitor union
accounts and financial transactions. By law public employees are
prohibited from striking. While employees in the private sector have
the right to strike, the law places some restrictions on this right.
For instance, strikes must be approved by an absolute majority of
workers. In addition, strikes by agricultural workers during the
harvest season are prohibited. The law also proscribes employees of 100
private sector companies, largely providers of services such as water
and electricity, from striking and stipulates compulsory arbitration to
resolve disputes in these companies. The law does not specifically
prohibit employers from dismissing striking workers. However, employers
must show cause and pay severance benefits if they dismiss strikers.
Collective bargaining is protected by law, with exceptions for some
public employees; entertainers; and temporary agricultural,
construction, and port workers. The law guarantees collective
bargaining rights only at the company level and where the employer
agrees to negotiate with the collective. Collective bargaining in the
agricultural sector remained dependent on employers agreeing to
negotiate, since most of these workers were temporary and not
automatically eligible for collective bargaining. Intercompany unions
are permitted to bargain collectively only when the individual
employers agree to negotiate under such terms.
The government generally enforced labor laws effectively. Freedom
of association and the right to collective bargaining were generally
respected in practice. The government protected the right to strike in
practice. Despite being prohibited by law, public sector strikes
sometimes occurred. Worker organizations were independent of the
government and political parties. According to Freedom House and the
International Trade Union Confederation, antiunion practices, including
violence against union leaders, unfair dismissals of union leaders, and
replacement of striking workers, continued to occur. Both NGOs and
unions reported companies also used sub- and temporary contracts as a
form of antiunion discrimination and to increase the size of the
workforce without collective bargaining rights.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. On April 1, the government
enacted new legislation that modified the penal code to address
comprehensively trafficking of persons and human smuggling, including
forced labor.
Some action was taken under the modified penal code. In May
government prosecutors opened a case against former senator and
businessman Francisco Javier Errazuriz for allegedly subjecting 56
Paraguayans, including youth, to forced labor. The case remained under
investigation at year's end.
Forced labor continued to occur, primarily for domestic servitude.
Some children were forcibly employed in the drug trade. Foreign
citizens, including women and children, were subjected to forced labor,
notably in domestic servitude, mining, and agriculture.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 18, although it provides
that children between the ages of 15 and 18 may work with the express
permission of their parents or guardians as long as they attend school.
They may perform only light work that does not require hard physical
labor or constitute a threat to health or child development. When
attending school, children may not work more than 30 hours a week and
in no case more than eight hours a day or between the hours of 10 p.m.
and 7 a.m. Employers must register their work contracts at the local
Ministry of Labor inspector's office.
Ministry of Labor inspectors enforced regulations, and while
compliance in the formal economy was high, most children working were
employed in the informal economy, outside of the ministry's mandate.
During the year the Ministry of Labor imposed some form of sanction in
155 cases involving violations of child labor laws.
The government devoted considerable resources and oversight to
child labor policies. With accredited NGOs, SENAME ran 1,024 programs
throughout the country to protect children in vulnerable situations.
SENAME, in coordination with labor inspectors, identified and assisted
children in abusive or dangerous situations. SENAME also implemented
public education programs to raise awareness and worked with the
International Labor Organization to operate rehabilitation programs for
children withdrawn from child labor.
Multisector government agencies continued to participate in the
National Advisory Committee to Eradicate Child Labor, which was charged
with implementing the National Action Plan for the Prevention and
Progressive Eradication of Child Labor. The committee met regularly
during the year, and in September it completed a study of child labor
in critical communities designed to evaluate prevention programs and
improve future interventions.
During the year the Worst Forms of Child Labor Task Force, a
separate entity, maintained a registry of cases and developed a
multisector protocol for the identification, registration, and care of
children and adolescents in dangerous agricultural jobs.
Child labor was a problem in the informal economy and in
agriculture. During the year SENAME and the Ministry of Labor
identified 444 cases of children and adolescents involved in the worst
forms of child labor. In 147 of the cases, children had been exploited
for commercial sex. The use of children in the production, sale, and
transport of drugs in the border area with Peru and Bolivia continued
to be a problem. Children worked in the production of ceramics and
books and in the repair of shoes and garments. In urban areas it was
common to find boys carrying loads in agricultural loading docks and
assisting in construction activities, while girls sold goods on the
streets and worked as domestic servants. Children in rural areas were
involved in caring for farm animals, as well as harvesting, collecting,
and selling crops, such as wheat, potatoes, oats, and quinoa.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--On July 1, the minimum wage
increased 5.5 percent to 182,000 pesos (approximately $376) a month. As
of March 1, the minimum wage for domestic servants was raised from 92
to 100 percent of that for other occupations. The minimum wage for
workers over age 65 and under 18 was 135,494 pesos ($280). The 2009
official poverty level, the latest government figure available, was
64,134 pesos ($133) a month.
The law sets the legal workweek at six days or 45 hours. The
maximum workday length is 10 hours (including two hours of overtime
pay), but some categories of workers, such as caretakers and domestic
servants, are exempt. The law mandates at least one 24 hour rest period
during the workweek, except for workers at high altitudes, who may
exchange a work-free day each week for several consecutive work-free
days every two weeks. The law establishes fines for employers who
compel workers to work in excess of 10 hours a day or do not provide
adequate rest days. Annual leave for full-time workers is 15 work days,
and workers with more than 10 years of service are eligible for an
additional day of annual leave for every three years worked. Overtime
is considered to be any time worked beyond the 45-hour work week.
Workers receive time and a half pay for any overtime performed.
The law establishes occupational safety and health standards, which
are applicable to all sectors. There are special safety and health
norms for specific sectors, such as mining and diving. The National
Service for Geology and Mines is further mandated to regulate and
inspect the mining industry. The law does not regulate the informal
sector or employees who are subcontracted to a company. The law
protects employment of workers who remove themselves from dangerous
situations if labor inspectors from the Labor Directorate and
occupational safety and health inspectors from the country's Safety
Association determine that conditions endangering workers' health or
safety exist.
The Labor Directorate, under the Ministry of Labor, was responsible
for enforcing minimum wage and other labor laws and regulations, and it
did so effectively. The Ministries of Health and Labor administered and
effectively enforced occupational safety and health standards.
Insurance mutual funds are private nonprofit institutions that receive
a commission from the government to provide workers' compensation and
occupational safety training for the private and public sectors.
The Labor Directorate employed 457 labor inspectors during the
year, and it added 72 new inspectors at year's end following the
October passage of the Post-Natal Leave Law. Both the Labor Directorate
and NGOs reported the need for more inspectors to ensure compliance
with labor laws throughout the country, particularly in remote areas.
NGOs commented that inspectors needed more training and that labor
tribunals were overburdened and would be more effective if they were
specialized. For large corporations fines were not considered to have a
deterrent effect. The Labor Directorate worked preventatively with
small and medium-sized businesses to assist in their compliance with
labor laws. The sectors with the most infractions during the year were
real estate and commerce.
Minimum wage violations were most common in the real estate and
commerce sectors. In 2009 approximately 11 percent of the workforce
received the minimum wage or less in practice.
The sectors with the most infractions in safety and health
standards were construction and industrial manufacturing. Between
January and September, 288 workplace fatalities and 1,625 serious
accidents were registered. The construction and transport sectors
suffered the most accidents during the year. In particular, there were
reports of continued precarious conditions in mining. Immigrant workers
in the agricultural sector were in danger of being subjected to
exploitative working conditions.
__________
COLOMBIA
executive summary
Colombia is a constitutional, multiparty republic. In June 2010
Juan Manuel Santos was chosen president in elections that were
considered generally free and fair. The internal armed conflict
continued between the government and terrorist organizations,
particularly the Revolutionary Armed Forces of Colombia (FARC) and the
National Liberation Army (ELN). Security forces reported to civilian
authorities. Although significantly fewer than past years, there were
instances in which elements of the security forces acted independently
of civilian control.
The most serious human rights problems were impunity and an
inefficient judiciary, corruption, and societal discrimination.
Impunity and an inefficient justice system subject to intimidation
limited the state's ability to prosecute effectively those accused of
human rights abuses and to process former paramilitaries. Corruption
often was exacerbated by drug-trafficking revenue. Societal
discrimination against indigenous persons and Afro-Colombians
negatively affected the ability of these groups to exercise their
rights.
Other problems included extrajudicial killings, insubordinate
military collaboration with members of illegal armed groups, forced
disappearances, overcrowded and insecure prisons, harassment of human
rights groups and activists, violence against women, trafficking in
persons, and illegal child labor.
The government continued efforts to improve respect for human
rights and prosecute and punish officials, including members of the
security services, who committed abuses, but some impunity persisted.
The government took significant steps to increase resources for the
Prosecutor General's Office.
Illegal armed groups, including the FARC, ELN, and organized crime
groups that included some former paramilitary members, committed
numerous abuses, including the following: political killings; killings
of members of the public security forces and local officials;
widespread use of land mines; kidnappings and forced disappearances;
subornation and intimidation of judges, prosecutors, and witnesses;
infringement on citizens' privacy rights; restrictions on freedom of
movement; widespread recruitment and use of child soldiers; attacks
against human rights activists; violence against women, including rape
and forced abortions; and harassment, intimidation, and killings of
teachers and trade unionists. Illegal armed groups continued to be
responsible for most instances of forced displacement in the country.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--Political and
unlawful killings remained a very serious problem, and there were
several reports that members of the security forces committed
extrajudicial killings during the internal armed conflict (see section
1.g.). There were significantly fewer reports of military officials
presenting fatally wounded civilians as killed in combat than in 2008
or 2009, when several hundred fatalities were reported.
However, the Center for Popular Research and Education (CINEP), a
local human rights nongovernmental organization (NGO), reported
examples of extrajudicial executions and excessive police violence
against civilians. CINEP reported that there were at least seven
unlawful killings committed by state agents during the year. Most
victims were caught in the cross fire during confrontations between the
army or police and illegal armed groups. In several cases military
officials stated they believed an individual was fighting on behalf of
the FARC, while community members claimed the victim had not been a
combatant. CINEP and other NGOs considered the organized criminal gangs
to be a continuation of the paramilitary groups and attributed some
reports of human rights violations committed by these groups to the
government. The government acknowledged that some former paramilitary
members were active in organized criminal gangs but noted that the
gangs lacked the unified command structure and ideological agenda that
defined the former United Self-Defense Forces of Colombia (AUC). The
NGOs also included killings by these groups in their definition of
``unlawful killings'' (see section 1.g.).
For example, CINEP alleged that on January 22, members of the
army's Third Brigade killed Anderson Dagua, a member of the Nasa ethnic
group, during a firefight with the FARC in Caloto, Cauca. The army
contended that the military killed only FARC members. The Prosecutor
General's Office continued to investigate the case at year's end.
CINEP also reported that on June 10, members of the army's 18th
Brigade shot and killed Humberto Peroza Wampiare, a local indigenous
leader of the Hitnu people. The army initially reported Peroza as
killed in combat with the FARC. On June 18, however, the army issued a
press release indicating it had begun a disciplinary investigation into
the case. The Prosecutor General's Office continued to investigate the
case at year's end.
At year's end the trial continued of Lieutenant Munoz Linares,
charged with the rape of a 14-year-old girl and subsequent killing of
the girl and two other children in Arauca in October 2010.
Some members of government security forces, including enlisted
personnel, noncommissioned officers, and senior officials, were accused
of collaborating with or tolerating the activities of organized
criminal gangs, which included some former paramilitary members. Such
collaboration, in violation of orders from the president and military
high command, may have facilitated unlawful killings or other crimes.
In conformity with the law, military or civilian authorities
investigated killings committed by security forces. Investigations of
past killings proceeded, albeit slowly. As of November 15, the
Prosecutor General's Office reported it had achieved 158 convictions of
439 military personnel for extrajudicial executions since 2000. Some
high-profile cases against military personnel resulted in convictions
or were reopened in large part due to testimony obtained through the
Justice and Peace process.
According to the NGO Landmine Monitor, nongovernmental actors,
particularly the FARC and ELN, planted new land mines (see section
1.g.).
Guerrillas, notably the FARC and ELN, committed unlawful killings.
Organized criminal groups that included some former members of
paramilitary groups committed numerous political and unlawful killings,
primarily in areas under dispute with guerrillas or without a strong
government presence (see section 1.g.).
b. Disappearance.--Forced disappearances, many of them politically
motivated, continued to occur. As of September 30, the National Search
Commission had documented more than 63,000 disappearances since the
decades-long internal conflict began, including 16,884 that were
registered as forced disappearances, with 11,064 found alive and 2,448
found dead. According to the commission, between January 1 and
September 30, 10,236 individuals were registered as disappeared,
including 2,479 registered as forced disappearances. Not all
disappearances registered in 2011 occurred during the year.
The Displaced and Disappeared Persons Unit of the Prosecutor
General's Office, created in December 2010, had 22 prosecutors, 44
prosecutorial and judicial assistants, and 85 investigators from the
national judicial police who were responsible for investigating and
prosecuting more than 18,000 suspected forced disappearances and forced
displacements. The Prosecutor General's Office charged two members of
the armed forces in cases of forced disappearance and returned 1,665
remains to family members during the year.
Kidnapping, both for ransom and for political reasons, remained a
serious problem. The FARC and ELN, as well as organized criminal gangs
and common criminals, continued the practice. The Ministry of Defense
reported that 298 people were kidnapped during the year (77 by the
FARC, 31 by the ELN, four by organized criminal gangs, and the rest by
other illegal groups), compared with 282 in 2010. The Ministry of
Defense reported that 187 of the kidnappings were for extortion,
similar to the 188 reported in 2010. Some human rights groups
questioned the government statistics, arguing that many cases went
unreported and that several hundred kidnapping victims were held at
year's end. All illegal groups, including guerrillas, had killed some
kidnapping victims (see section 1.g.).
The Unified Action Groups for Personal Liberty (GAULA)--military
and police entities formed to combat kidnapping and extortion--and
other elements of the security forces freed more than 133 hostages
during the year. Fondelibertad, a government entity that compiles
statistics on kidnapping and extortion, reported that at least 24
kidnapping victims died in captivity in the first 10 months of 2011,
compared with six between January and August 2010.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law prohibits such practices, there were
reports that the police, military, and prison guards sometimes
mistreated and tortured detainees. Members of the military and police
accused of torture generally were tried in civilian rather than
military courts. CINEP asserted that during the first six months of the
year, government security forces were involved in 12 incidents of
torture, compared with 16 in the first six months of 2010. The
Prosecutor General's Office charged 36 members of the armed forces with
torture during the year; not all cases occurred during the year.
CINEP reported that illegal armed groups were responsible for at
least 15 cases of torture through June, compared with seven in the same
period of 2010.
Prison and Detention Center Conditions.--With the exception of new
facilities, prison conditions were poor, particularly for prisoners
without significant outside support. The National Prison Institute
(INPEC) runs the country's 142 national prisons and is responsible for
inspecting municipal jails. According to INPEC more than 99,000
prisoners were held in facilities designed to hold fewer than 64,000.
Approximately 7,400 prisoners were women. According to a November
report by Point of View Corporation based on data from INPEC, 85
percent of prisons experienced overcrowding, with approximately 27,000
inmates living in prisons that held more than double their designed
capacity. Information comparing conditions in men's versus women's
prisons was not available, but overcrowding existed in women's prisons
as well. The Buen Pastor women's prison in Bogota held close to 1,800
women even though it was designed for 1,100 prisoners. The Inspector
General's Office reported that some facilities had poor ventilation,
overtaxed sanitary and medical systems, and inadequate food. The
Inspector General's Office called on INPEC to take significant steps to
improve prisoners' access to medical care, noting that such care was
inadequate under the contract provider. Prisoners in some high-altitude
facilities complained of inadequate blankets and clothing, while
prisoners in tropical facilities complained that overcrowding and
inadequate ventilation caused high temperatures in prison cells.
Prisoners generally had access to potable water, but in May Congressman
Ivan Cepeda presented a report documenting water shortages at the
prison in Valledupar, Cesar.
Lack of security and an insufficient budget also remained serious
problems in the prison system. Many of INPEC's prison guards were
poorly trained, but improved training, increased supervision, and more
accountability for prison guards alleviated some of the problems caused
by inadequate security, overcrowding, access to medical care, and other
concerns.
INPEC reported that through October there were 13 violent inmate
deaths related to fighting among inmates. The Prosecutor General's
Office continued to investigate allegations that some prison guards
routinely used excessive force and treated inmates brutally.
The law prohibits holding pretrial detainees with convicted
prisoners, although this sometimes occurred. Juvenile detainees and
prisoners were not held with adults, but 160 children younger than
three years old were permitted to stay with their mothers.
Prisoners had reasonable access to visitors and were allowed to
continue their religious practices; however, some NGOs complained that
they were denied access to visit prisoners without adequate
explanations. Prisoners had access to legal representatives and could
submit complaints to judicial authorities and request investigations of
inhumane conditions. While authorities investigated such claims, some
prisoners complained that the investigations were slow and the results
not accessible to the public. The government continued a pilot program
with local universities and other organizations to identify and attend
to human rights issues within prisons. Prisoners could seek out third
parties from local NGOs or government entities, such as the Ombudsman's
Office, to represent them in legal matters and in seeking
investigations of prison conditions.
The government permitted independent monitoring of prison
conditions by local and international human rights groups, and such
monitoring occurred during the year.
In April the press reported on prisoner conditions at the Tolemaida
Military Reclusion Center, stating that many of the approximately 300
military officers and enlisted men detained (most of whom had been
convicted, some for serious crimes including torture and homicide) were
living in privileged conditions and that the facility did not comply
with numerous prison system regulations. To investigate the
allegations, the Ministry of Defense created a verification commission
composed of the inspector general of the armed forces, inspector
general of the army, vice-minister of defense for policy and
international affairs, and director of INPEC. In its report, released
in May, the commission admitted that the center had become ``an
unprecedented administrative mess, with high levels of corruption,''
and made recommendations to ensure the facility complied with INPEC
regulations and prevent a similar situation from taking place in other
military reclusion centers. The government reported that the director
of the center was replaced and that all directors of military reclusion
centers received training on INPEC regulations.
Despite this attention NGOs and the press reported that high-level
military officers continued to enjoy privileged detention conditions.
For example, according to these reports, three such officers, convicted
and sentenced for serious crimes, were held at a large military base in
Bogota, where they lived in apartments, enjoyed freedom of movement
within the base, ate in the officers' dining room, and interacted with
active-duty officers. The three officers remained in detention at the
military base at year's end.
The FARC and ELN continued to deny the International Committee of
the Red Cross (ICRC) access to hostages from police and military.
d. Arbitrary Arrest or Detention.--Although the law prohibits
arbitrary arrest and detention, there were allegations that authorities
detained citizens arbitrarily.
Role of the Police and Security Apparatus.--The Colombian National
Police (CNP) is responsible for internal law enforcement and is under
the jurisdiction of the Ministry of Defense. Law enforcement duties are
shared with the Prosecutor General's Corps of Technical Investigators
(CTI). In addition to its responsibility to defend the country against
external threats, the army shares limited responsibility for law
enforcement and maintenance of order within the country. For example,
military units sometimes provided logistical support and security for
criminal investigators to collect evidence in high-conflict or hard-to-
reach areas. The government continued to expand education and training
for the armed forces in human rights and international humanitarian
law.
The Prosecutor General's Office is the main entity responsible for
investigating human rights abuses by security forces. As of November
15, a total of 1,746 armed forces personnel had been arrested and were
awaiting trial for extrajudicial executions, all of which occurred
before 2011. However, claims of impunity continued to be widespread,
due in some cases to obstruction of justice, a lack of resources for
investigations and protection for witnesses and investigators, delaying
tactics by defense attorneys, the judiciary's failure to exert
appropriate controls over dockets and case progress, and inadequate
coordination among government entities that sometimes caused periods of
incarceration to end, thereby resulting in a defendant's release from
jail before trial. Many human rights groups criticized the Prosecutor
General's Office for indicting low-ranking military personnel while
avoiding investigations of higher-ranking commanders. The Ministry of
Defense relieved from duty eight officers and 19 noncommissioned
officers of the armed forces for inefficiency, unethical conduct,
corruption, and other causes. Since 2000 at least 581 officers and
1,636 noncommissioned officers and soldiers have been retired from the
army for these reasons.
Arrest Procedures and Treatment While in Detention.--Police
apprehended suspects with warrants issued by prosecutors based on
probable cause, but a warrant is not required to arrest criminals
caught in the act or fleeing the scene of a crime. Members of the armed
forces detained members of illegal armed groups captured in combat but
were not authorized to execute arrest warrants; however, members of the
CTI, who accompanied military units, could issue such warrants.
Detained persons must be brought before a judge within 36 hours to
determine the validity of the detention. Formal charges must then be
brought within 30 days, and a trial must start within 90 days of the
initial detention. Bail is available for all crimes, except serious
ones such as murder, rebellion, or narcotics trafficking. Approximately
1,800 public defenders contracted by the Office of the Ombudsman
assisted indigent defendants. Detainees were granted prompt access to
legal counsel and family as provided for by law. In general these
rights were respected in practice.
Prominent human rights NGOs complained that the government
arbitrarily detained dozens of persons, particularly community leaders,
labor activists, and human rights defenders. CINEP reported that
security forces arbitrarily detained 75 persons through December 1.
Arbitrary Arrest.--The government and prominent local NGOs
frequently disagreed on what constituted ``arbitrary detention.'' While
the government characterized detentions based on compliance with legal
requirements, NGOs applied other criteria in defining ``arbitrary
detention,'' such as arrests based on tips from informants about
persons linked to guerrilla activities, detentions by members of the
security forces without a judicial order, detentions based on
administrative authority, detentions during military operations or at
roadblocks, large-scale detentions, and detentions of persons while
they were ``exercising their fundamental rights."
Pretrial Detention.--The Superior Judicial Council reported that
the civilian judicial system suffered from a significant backlog of
cases, which led to large numbers of pretrial detainees. Implementation
of the oral accusatory system, enacted throughout the criminal justice
system in 2008, significantly increased conviction rates on newer cases
while also lessening the delays and eliminating the secrecy that
encumbered the old system. However, a large backlog of old-system cases
remained. The failure of many local military commanders and jail
supervisors to keep mandatory detention records or follow notification
procedures made accounting for all detainees difficult.
Civil society groups complained that some community leaders were
subjected to extended pretrial detention. For example, on September 26,
a judge released the former spokesman of the NGO National Movement of
Victims of State Crimes (MOVICE)-Sucre, Carmelo Agamez, from prison in
Sincelejo, Sucre. Authorities arrested Agamez in 2008 and charged him
with conspiracy for alleged ties to paramilitary groups. Agamez was
released because he had served three-fifths of the maximum sentence he
would have received had he been found guilty. The trial against him
continued at year's end.
e. Denial of Fair Public Trial.--While the law provides for an
independent judiciary, much of the judicial system was overburdened,
inefficient, and hindered by subornation and intimidation of judges,
prosecutors, and witnesses. In 2009 the U.N. special rapporteur on the
independence of judges and lawyers reported that a high level of
threats and attacks against judicial personnel contributed to a high
rate of impunity; although the government attempted to address the
situation, there was little change.
Judicial authorities were subjected to threats and acts of
violence. Although the Prosecutor General's Office had a witness
protection program for witnesses in criminal cases, witnesses who did
not enter the program remained vulnerable to intimidation, and many
refused to testify.
The military justice system may investigate and prosecute active-
duty military and police personnel for crimes ``related to acts of
military service.'' The military penal code specifically defines
torture, genocide, massacre, and forced disappearance as crimes
unrelated to military service. All human rights violations are
considered unrelated to military service and must be handled by the
civilian justice system, although due to delays, this did not always
happen in practice. More than 170 homicide cases were transferred from
the military to the civilian justice system in the first six months of
the year. Many cases were transferred as part of a plan in which
officials from the military justice system and the Prosecutor General's
Office met regularly to analyze cases in an attempt to reach agreement
on those to be transferred without being referred to a lengthy, higher-
level review by the Supreme Judicial Council. The military penal code
specifically excludes civilians from military jurisdiction, and
civilian courts must try retired military and police personnel,
although military courts are responsible for service-related acts
committed prior to their retirement.
The military penal code denies commanders the power to impose
military justice discipline on their subordinates and extends legal
protection to service members who refuse to obey orders to commit human
rights abuses. The army has discretionary authority to dismiss
personnel who may be implicated in human rights abuses.
The Prosecutor General's Office is responsible for investigations
and prosecutions of criminal offenses. Its Human Rights Unit, which
includes 13 satellite offices, specializes in investigating human
rights crimes, and its 102 specialized prosecutors were handling a
total of 5,731 active cases at the end of June.
The Inspector General's Office investigates allegations of
misconduct by public employees, including members of the state security
forces. The Inspector General's Office referred all cases of human
rights violations it received to the Prosecutor General Office's Human
Rights Unit. As of November the Inspector General's Office had opened
110 disciplinary processes against members of the armed forces for
human rights offenses and resolved 125 processes, including some from
previous years.
Trial Procedures.--Under the new accusatorial criminal procedure
code, the prosecutor presents an accusation and evidence before an
impartial judge at an oral, public trial. The defendant is presumed
innocent and has the right to confront the evidence against him at
trial and present his own evidence. No juries are involved. Crimes
committed before implementation of the new code are processed under the
prior written inquisitorial system in which the prosecutor is an
investigating magistrate who investigates, determines evidence, and
makes a finding of guilt or innocence. The ``trial'' consists of the
presentation of evidence and finding of guilt to a judge for
ratification or rejection.
In the military justice system, military judges preside over
courts-martial without juries. Counsel may represent the accused and
call witnesses, but the majority of fact-finding takes place during the
investigative stage. Military trial judges issue rulings within eight
days of a court-martial hearing. Representatives of the civilian
Inspector General's Office are required to be present at courts-
martial.
Criminal procedure within the military justice system includes
elements of the inquisitorial and accusatorial systems. Defendants are
considered innocent until proven guilty and have the right to timely
consultation with counsel. A Constitutional Court ruling forbids
military attorneys from undertaking defense counsel duties. Defendants
must retain counsel at their own expense or rely on defenders paid by a
private fund.
In November the government advocated deep changes to the military
justice system, including a constitutional reform that would presume
jurisdiction for the military courts when alleged crimes are committed
by military personnel ``in the course of duty.'' Some observers
expressed concern that these reforms could lead to human rights abuses
by military personnel being investigated and tried in the military
justice system, in contravention of a 1997 Constitutional Court
decision that human rights cases be handled by the civilian judiciary.
In June the Ministry of Defense announced 15 measures designed to
reduce impunity for human rights violations committed by members of the
armed forces. These measures are in addition to the 15 measures adopted
in 2008 because of investigations carried out in the aftermath of the
Soacha cases (see section 1.g.).
In the past year civilian courts convicted military members for
past human rights violations. For instance, on April 29, the former
commander of the army's 13th Brigade, retired general Jesus Armando
Arias Cabrales, was sentenced to 35 years in prison for his role in the
1985 Palace of Justice case. This was the second-most severe sentence
in the country's history for an officer of his rank, after retired
general Jaime Humberto Uscategui's sentence of 40 years (see section
1.c.), which was under appeal at year's end. Cabrales was held
responsible for giving orders for the identification and interrogation
of 11 civilians rescued from the palace who later disappeared. In May
the Inspector General's Office appealed the conviction on the basis
that there was no proof that Arias Cabrales had ordered or participated
directly in the disappearances. Arias Cabrales continued to be held at
a military base in Bogota while his case was pending appeal.
Political Prisoners and Detainees.--The government stated that it
did not hold political prisoners. Members of human rights advocacy
groups were held on charges of conspiracy, rebellion, or terrorism,
which the groups described as harassment tactics by the government
against human rights advocates (see section 5). According to INPEC
there were 1,920 detainees accused or convicted of rebellion or aiding
and abetting insurgence. The government provided the ICRC access to
these prisoners.
Civil Judicial Procedures and Remedies.--Citizens can sue a state
agent or entity in the Administrative Court of Litigation for damages
resulting from a human rights violation. Although critics complained of
delays in the process, the court generally was considered impartial and
effective.
Property Restitution.--On June 10, President Santos signed the
Victims' Assistance, Reparations, and Land Restitution Law (Land and
Victims' Law), intended to benefit approximately four million citizens
in the next 10 years with assistance and reparations to victims,
including victims of the state. The law establishes a new institutional
framework for reparations. Programs previously administered by the
Presidential Agency for Social Action (Accion Social) were
redistributed and assigned to various units within the newly created
Administrative Department for Social Prosperity (DPS). This new
department includes administrative units for victims, consolidation,
historical memory, combating poverty, and protection of children and
adolescents. The Victims' Administrative Unit has the governmental lead
on attention to victims and assumed the functions previously under the
National Commission for Reparation and Reconciliation.
In anticipation of the Land and Victims' Law, in October 2010 the
government began implementing a land restitution and formalization of a
``shock plan.'' By year's end the government had restored and titled
1.7 million acres to more than 30,000 families. Of these, 269,800 acres
were transferred to indigenous communities, 44,800 to the internally
displaced, and 16,400 to Afro-Colombian communities. Focus areas of the
plan included Antioquia, Bolivar, Cesar, Choco, and Magdalena. With the
Land and Victims' Law, the government established a new goal to deliver
2.97 million acres to 160,000 families by 2014.
For many small landowners, formal land titling remained a daunting
process. Government agencies and human rights groups estimated that
illegal groups, including guerrillas, have seized between 1.1 and 2.7
million acres of land from small landowners during the decades-long
conflict. Paramilitary groups stole the majority of the land, only a
fraction of which was reclaimed by the government after the
demobilization of the AUC in 2006.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and while the
government generally respected these prohibitions in practice, there
were allegations of exceptions by some intelligence agencies. The law
requires government authorities to obtain a warrant signed by a senior
prosecutor to enter a private home without the owner's consent, unless
the suspect has been caught during hot pursuit, and government
authorities generally adhered to these regulations.
Government authorities generally need a judicial order to intercept
mail or monitor telephone conversations, including in prisons. However,
government intelligence agencies investigating terrorist organizations
sometimes monitored telephone conversations without judicial
authorization, although evidence obtained in such a manner could not be
used in court.
Credible allegations of Administrative Department of Security
(DAS), the now dismantled civilian intelligence agency, surveillance of
high court magistrates, journalists, human rights organizations and
activists, opposition leaders, and the vice presidency prompted an
investigation by the CTI in 2009 that continued at year's end. Press
reports and court documents indicated DAS surveillance designed to
prepare prosecutions against victims and disrupt human rights groups'
activities included physical monitoring of individuals and their
families, telephone and e-mail intercepts, and collection of personal
and financial data. NGOs continued to accuse domestic intelligence
entities of spying on human rights defenders, threatening them, and
breaking into their homes to steal information. In April unknown
assailants attempted to break into the apartment of Zoraida Hernandez,
president of the NGO Sembrar Corporation and spokeswoman for MOVICE. In
May thieves broke into the home of Danilo Rueda, a human rights lawyer
with the Interchurch Commission of Justice and Peace, and stole
information documenting alleged military human rights abuses.
During the year the Prosecutor General's Office continued to
investigate numerous DAS employees and achieved several convictions by
year's end. In July the Prosecutor General's Office asked the Supreme
Court to impose the maximum sentence, 12 years, on six former senior
and mid-level DAS employees: Martha Leal, former deputy director of
operations; Jacqueline Sandoval Salazar, former director of
counterintelligence; Jorge Armando Rubiano Jimenez, former member of
the counterintelligence division; Hugo Daney Ortiz, former deputy
director of operations; Jose Alexander Velasquez, former coordinator of
the counterintelligence division's verification group; and Enrique
Alberto Ariza Rivas, former director of intelligence. They were charged
with aggravated conspiracy, illegal violation of communications,
improper authorization of transmission equipment, and abuse of
authority.
In August three former DAS officials--Gustavo Sierra, Fabio Duarte
Traslavina, and German Enrique Villalba Chaves--were sentenced to
prison for their role in illegal wiretapping. They were charged with
illicit violation of communications, use of illicit transmission
equipment, abuse of authority, and aggravated conspiracy. Sierra,
former DAS subdirector for analysis, was sentenced to eight years in
prison, while Duarte and Villalba received six years and one month for
their participation in the DAS subunit that carried out the illegal
operations.
On September 15, a judge sentenced former DAS director Jorge
Noguera (2002-05) to 25 years in prison for his ties to paramilitary
groups and his role in creating the intelligence unit that illegally
collected information on NGOs, opposition politicians, and journalists.
Former DAS director Maria del Pilar Hurtado (2007-08) was granted
political asylum in Panama while the prosecutor general was in the
process of filing illegal wiretapping charges against her. In May a
Colombian judge issued a warrant for her arrest, and the Prosecutor
General's Office requested that Interpol issue a Red Notice (a call for
the provisional arrest of a wanted person, with a view to extradition)
for Hurtado's detention. At the time the Panamanian government stated
it would not extradite Hurtado. In December the government formally
requested Hurtado's extradition; the request was pending at year's end.
In July a Bogota superior tribunal judge ordered the preventive
detention of Bernardo Moreno, former secretary to former president
Uribe, following a petition by the victims and supported by the
Prosecutor General's Office that asserted Moreno attempted to interfere
with the investigation of the presidency's alleged role in the
wiretapping scandal. On August 18, an investigative commission in the
House of Representatives conducted a public hearing as part of its
investigation into former president Uribe's role in the illegal
wiretapping. At year's end the congressional panel had not announced a
decision to proceed with a formal probe into Uribe's alleged
wrongdoing.
On October 31, President Santos issued a decree that dismantled the
DAS and called for the final transfer of the majority of the 6,500 DAS
employees to the Prosecutor General's Office, Ministry of Foreign
Affairs, Ministry of Interior, and CNP by December 31. The National
Intelligence Directorate, created by executive decree on November 3, is
responsible for intelligence alone and does not have arrest authority.
The government continued to use voluntary civilian informants to
identify terrorists, report terrorist activities, and gather
information on criminal gangs. Some national and international human
rights groups criticized this practice as subject to abuse and a threat
to privacy and other civil liberties.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The country's decades-long internal armed conflict involving government
forces and two terrorist guerrilla groups (FARC and ELN) continued. The
conflict and narcotics trafficking, which both fueled and prospered
from the conflict, were the central causes of multiple violations of
citizens' rights.
Guerrilla group members continued to demobilize. At the end of
October, according to the Ministry of Defense, 1,314 members of
guerrilla groups had demobilized, compared with approximately 2,045
during the same period in 2010, a 36 percent reduction in
demobilizations. The Organization of American States (OAS) verified all
stages of demobilization and reintegration into society of former
combatants from both guerrilla and paramilitary groups.
Killings.--Security forces were responsible for alleged unlawful
killings. CINEP reported that there were five such killings during the
first six months of the year, compared with 37 in the same period of
2010. The Prosecutor General's Office reported that as of June it was
pursuing 1,592 cases involving 2,731 victims of extrajudicial killings
by the armed forces that had occurred since 1985. A large number of the
reported cases involved army members. As of November the Prosecutor
General's Office had obtained convictions of 393 accused members of the
security forces. In total, 4,124 individuals were implicated in the
1,633 cases before the Human Rights Unit. At year's end the Prosecutor
General's Office was investigating 18 colonels, 27 lieutenant colonels,
58 majors, and 107 captains, in addition to thousands of lower-ranked
military personnel.
According to CINEP, the Office of the U.N. High Commissioner for
Human Rights (OHCHR), and the Presidential Program for Human Rights,
the number of extrajudicial killings falsely reported as killed in
combat fell significantly compared with previous years. The Prosecutor
General's Human Rights Unit reported it did not open any new cases of
extrajudicial killings alleged to have occurred during the year.
However, CINEP documented five cases involving four victims through
November. For example, CINEP reported that on June 10, soldiers from
the 18th Brigade shot and killed indigenous leader Humberto Peroza
Wampiare and alleged he was killed in combat in rural Arauca. Peroza
was a member of the Hitnu ethnic group and lived in the indigenous
reserve La Voragine. On June 18, army General Navas issued a statement
indicating the army was working with the Office of the Inspector
General to investigate the case and the soldiers involved.
On June 3, a judge in Cimitarra (Santander) handed down the first
convictions linked to the 2008 Soacha ``false positives'' cases. The
judge found eight soldiers guilty of aggravated homicide and forced
disappearance for the March 2008 killings of Eduardo Garzon Paez and
Daniel Andres Pesca Olaya. Both were reported as killed in combat in
Cimitarra by members of the Caldas Battalion of the army's Fifth
Brigade. All eight military defendants, which included the battalion
commander, were convicted of two counts of aggravated homicide and
forced disappearance. Their sentences ranged from 28 to 55 years in
prison. At year's end there were at least 10 other legal cases
involving 14 victims associated with the Soacha scandal that were
pending in courts in Bogota, Cucuta, and Bucaramanga.
The government continued reforms to improve the human rights
performance of the security forces. The Ministry of Defense continued
to implement an agreement with the OHCHR to monitor seven of the
ministry's 15 measures to improve adherence to human rights. The first
four measures evaluated included the role of inspector delegates,
operational legal advisors, inspections teams, and the complaints
system. During joint UN-Defense Ministry visits to military bases, the
ministry and the armed forces granted OHCHR staff broad access to files
and military personnel to determine if the measures were being
implemented effectively. The ministry also created four offices of
indigenous affairs in each of the military commands and named 73
regional officials to liaise with indigenous communities.
FARC and ELN guerrillas killed members of government security
forces. For example, on October 10, FARC guerrillas detonated
explosives and killed seven soldiers in the municipality of Caloto in
Cauca Department. On November 26, the FARC executed four hostages--army
Sergeant Jose Libio Martinez (who had been held by the FARC for 14
years), police Colonel Edgar Yeside Duarte, Lieutenant Elkin Hernandez
Rivas, and Alvaro Moreno. FARC guerrillas killed the four men with
gunshots to the back of the head when the military attempted to rescue
them. A fifth hostage, police Sergeant Luis Alberto Erazo Mayo,
kidnapped in 1999, escaped.
The FARC used ruses to kill civilians and government security
forces. For example, on August 7, suspected FARC guerrillas detonated a
remote-controlled improvised explosive device hidden in sugar to kill
community leader Maria Elizabeth Quiroz in Campamento, Antioqua.
In many areas of the country, the FARC and ELN worked together to
attack government forces or demobilized paramilitary members; in other
areas, especially in Arauca, Valle del Cauca, Cauca, and Narino
departments, they fought each other. Various courts convicted members
of the FARC secretariat in absentia on charges including aggravated
homicide.
The FARC killed persons it suspected of collaborating with
government authorities or alleged paramilitary groups. The CNP reported
that through September the FARC had killed at least 225 civilians. For
example, on May 7, members of the FARC's 30th Front forcibly abducted
five Afro-Colombian men from the same family in Bajo Naya, Cauca
Department, and the next day told the victims' family members that the
men were dead.
Abductions.--Organized criminal gangs, FARC and ELN guerrillas, and
common criminals continued to take hostages for ransom. According to
the Ministry of Defense, of the 298 individuals kidnapped during the
year; 177 were attributed to common crime. Organized criminal gangs
were responsible for 13 kidnappings. Forty of the 298 individuals
kidnapped continued to be held by their captors at year's end.
The FARC and ELN continued to commit numerous kidnappings, which
remained a major source of revenue. The FARC also held politicians,
prominent citizens, and security force members to use as pawns in
prisoner exchanges. Fondelibertad reported that guerrillas kidnapped
108 persons (77 by the FARC and 31 by the ELN) during the year.
On September 29, assailants abducted the 10-year-old daughter of
the mayor of Fortul, Arauca, as she arrived at school with her mother.
The abductors released her mother and held the girl for 20 days before
releasing her in the nearby municipality of Arauquita on October 17. On
November 20, authorities arrested three members of the FARC and charged
them with the kidnapping. The investigation continued at year's end.
FARC members were convicted for kidnappings. For example, on June
14, a Villavicencio judge sentenced former FARC member Daniel Vega
Quitora to nine years and four months in prison for kidnapping Meta
Governor Alan Jara, who was held for more than seven years.
Foundation Free Country (Fundacion Pais Libre), an NGO that
monitors kidnapping, continued to criticize Fondelibertad's numbers and
said that simple kidnappings were not documented comprehensively. As a
result families of victims who were not officially declared as
``kidnapped'' were unable to obtain government benefits. The foundation
counted 229 kidnappings through September, a 10 percent increase over
its calculations for 2010. It considered 62 percent of kidnappings were
for ransom.
Abductions.--According to preliminary reporting from the
Presidential Program of Integrated Action Against Anti-Personnel Mines,
land mines, deployed primarily by the FARC and ELN, caused 369 injuries
and 65 deaths through October, approximately a 30 percent increase in
injuries and more than double the number of deaths compared with the
same period in 2010. An estimated 65 percent of landmine victims during
the year were military personnel. As of October land mines killed or
injured at least 30 children. The International Campaign to Ban Land
Mines stated that the FARC continued to be the largest individual user
of land mines and that the ELN also continued to use land mines.
Government humanitarian demining brigades cleared more than 390,000
square yards and destroyed 173 land mines, improvised explosive
devices, and unexploded munitions through November.
Child Soldiers.--The recruitment and use of children by illegal
armed groups was widespread. In 2010 UNICEF estimated the number of
children participating in illegal armed groups ranged from 10,000 to
13,000. The Colombian Family Welfare Institute (ICBF) reported that it
was impossible to know how many children were serving as soldiers for
the FARC. However, in May the ICBF reported that 4,631 children had
demobilized from illegal armed groups between 1999 and April 2011. On
August 9, the ICBF director reported to Congress that 328 children had
demobilized in the first seven months of the year, 85 percent of whom
were boys. She reported that child recruitment continued to be a
problem in the departments of Choco, Putumayo, Narino, and Cauca. In
2010 the U.N. reported that the FARC used children to fight, recruit
other children to act as spies, gather intelligence, serve as sex
slaves, and provide logistical support. The penalty for leaders of
armed groups who use child soldiers is life imprisonment. The
government agreed to the International Criminal Court's penalty for
child recruitment when it ratified the Rome Statute in 2002 but delayed
application of the law to provide an incentive to all illegal groups,
especially the FARC, to free recruited children. The delay remained in
effect at year's end.
International organizations continued to identify recruitment of
indigenous youth by illegal armed groups as a serious concern. In
February the U.N. Permanent Forum on Indigenous Issues called on
illegal armed groups to cease recruiting indigenous youth and urged the
groups to release any children they had recruited. The FARC continued
to issue warnings to indigenous communities outlining a policy to
conduct child recruitment and warning recipients not to challenge it.
In June the Regional Indigenous Council of Cauca denounced the FARC's
``systematic'' forced recruitment of children, including some as young
as eight years old.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
Other Conflict-related Abuses.--Guerrilla groups and organized
criminal groups prevented or limited the delivery of food and medicines
to towns and regions in contested drug-trafficking corridors, straining
local economies and increasing forced displacement. The FARC attacked
medical personnel and medical centers. For example, on July 11, the
FARC used explosives to destroy a medical center in Yarumal, Antioquia.
The FARC used elaborate ruses to attack security forces. On December 6
in Florencia, Putumayo, suspected FARC guerrillas planted explosives on
the body of a person they had killed; when a team of police
investigators arrived to investigate the corpse, the FARC detonated the
explosives, injuring four police officers.
Guerrillas forcibly displaced peasants to clear key drug and
weapons transit routes in strategic zones and remove individuals who
collaborated with the government or organized criminal gangs, which
included paramilitary members who refused to demobilize. Guerrillas
also imposed de facto blockades of communities in regions where they
had significant influence. For example, international organizations
reported many incidents in which illegal armed groups forcibly
recruited indigenous people or forced them to collaborate, restricted
their freedom of movement, and blockaded their communities. During the
year the U.N. Permanent Forum on Indigenous Issues, which visited the
country in 2010, continued to receive reports of rape, forced
recruitment, use of minors as informants, and other abuses in the
context of conflict.
Organized criminal groups also continued to displace civilians
residing along key drug and weapon transit corridors (see section
2.d.).
International organizations reported that systemic sexual violence
against women and girls by some armed actors persisted (see section 6,
Women). The human rights NGO Sisma Mujer, Amnesty International, and
others reported that sexual violence remained one of the main tools
used by armed actors to force displacement. In December the Office of
the U.N. High Commissioner for Refugees (UNHCR) and the U.N.
Development Program reported that 17 percent of forced displacements
were the result of sexual violence.
Organized criminal gangs and FARC and ELN guerrillas routinely
interfered with the right to privacy. These groups forcibly entered
private homes, monitored private communications, and engaged in forced
displacement and conscription. The standing orders of the FARC, which
had large numbers of female combatants, prohibited pregnancies among
its troops. There were numerous credible reports of compulsory
abortions to enforce the order.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of 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 and functioning democratic political system combined
to ensure freedom of speech and of the press.
Violence and Harassment.--The independent media were active and
expressed a wide variety of views without restriction. However,
journalists reported being harassed by political candidates, public
servants, and some security forces, particularly leading up to the
October 30 local elections. According to the NGO Foundation for Press
Freedom (FLIP), as of November 1, of 112 violations of press freedom,
35 cases were perpetrated by political candidates or public servants.
FLIP reported that press freedom violations were most common in regions
most affected by the conflict, including Arauca, Guaviare, Caqueta, and
North Santander.
Nongovernmental Impact.--Members of illegal armed groups
intimidated, threatened, kidnapped, and killed journalists. National
and international NGOs reported that local media representatives
regularly practiced self-censorship because of threats of violence. As
of July, 211 journalists were receiving protection from the Ministry of
the Interior and Justice's protection program. The ministry also
supported an alert network organized for journalists by providing a
small number of radios and an emergency telephone hotline. The Human
Rights Unit of the Prosecutor General's Office was investigating more
than 100 individuals involved in 45 active cases of crimes against
journalists. At year's end the unit had achieved 18 convictions of 26
perpetrators.
According to FLIP, during the year one journalist, Luis Eduardo
Gomez, was killed, compared with two journalists killed in 2010. On
June 30, unknown assailants killed the independent journalist near his
home in Arboletes, Antioquia. Authorities continued to investigate
Gomez's death at year's end.
On May 26 in Popayan, Cauca, two gunmen attempted to shoot
journalist Hector Aurelio Rodriguez Castro as he arrived at the radio
station where he worked. Police, who were already providing Rodriguez
with protection, quickly intervened and arrested Andres Neil Palacios
Mena and Luis Alberto Palacios Hurtado. The two were convicted of
attempted murder in September and sentenced to nine years in prison.
FLIP reported that 118 journalists received death threats, compared
with 56 in 2010. Two journalists went into voluntary exile because of
threats, the same number as in 2010.
The Prosecutor General's Office made progress investigating the
abduction and rape in 2000 of investigative journalist Jineth Bedoya.
In May Bedoya's lawyers presented the case before the Inter-American
Commission for Human Rights. The Prosecutor General's Office also
interviewed former paramilitary elements with knowledge of the case.
The case was pending at year's end.
Censorship or Content Restrictions.--On September 12, a judge in
Fusagasuga convicted Luis Agustin Gonzalez, editor of the regional
newspaper Democratic Cundinamarca, on charges of libel and slander due
to an editorial he wrote in 2008 questioning a gubernatorial candidate.
The Superior Tribunal of Cundinamarca was reviewing an appeal of the
ruling at year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. However,
guerrillas maintained a presence on many university campuses to
generate political support for their respective causes and undermine
support for their enemies through both violent and nonviolent means.
Organized criminal gangs and FARC and ELN guerrillas threatened,
displaced, and killed educators and their families for political and
financial reasons, often because teachers represented the only
government presence in the remote areas where the killings occurred.
According to the Presidential Program for Human Rights, assailants
killed 15 educators through October, a decrease of 44 percent from the
same period in 2010. Threats and harassment caused many educators and
students to adopt lower profiles and avoid discussing controversial
topics.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice. Freedom of association was limited
in practice by threats and acts of violence committed by illegal armed
groups against NGOs, indigenous groups, and labor unions (see section
1.g.).
Although the government does not prohibit membership in most
political organizations, membership in organizations that espoused or
carried out acts of violence, such as the FARC, ELN, and paramilitary
groups, was illegal.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and while the government generally respected these rights
in practice, there were exceptions. Military operations and occupation
of certain rural areas restricted freedom of movement in conflict
areas.
The government cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
In-country Movement.--Organized criminal gangs and FARC and ELN
guerrillas continued to establish illegal checkpoints on rural highways
and rivers, but an enhanced government security presence along major
highways suppressed kidnappings. The government reported only one
kidnapping at an illegal roadblock, occurring in the municipality of
Totoro, Cauca, in March (see section 1.b.). In addition, on July 25,
the mayor of Almaguer, Cauca, was kidnapped while traveling a rural
road at night. He escaped from his captors--10 unidentified armed men--
two weeks later. International organizations also reported that illegal
armed groups confined rural communities, hindered return, and prevented
the free movement of people, especially in areas where narcotics
cultivation and trafficking persisted.
Exile.--The law prohibits forced exile, and the government did not
employ it. However, many persons went into self-imposed exile because
of threats from organized criminal gangs and FARC and ELN guerrillas.
Internally Displaced Persons (IDPs).--The internal armed conflict,
especially in remote areas, was the major cause of internal
displacement. The government, international organizations, and civil
society identified various factors driving displacement, including
threats and physical, psychological, and sexual violence by illegal
armed groups against civilian populations; competition and armed
confrontation between illegal armed groups for resources and
territorial control; confrontations between security forces,
guerrillas, and organized criminal gangs; and forced recruitment of
children or threats of forced recruitment. Some NGOs complained that
counternarcotics efforts, illegal mining, and large-scale economic
projects in rural areas also contributed to displacement. The Land and
Victims' Law provides for the restitution of land stolen by illegal
armed groups from IDPs and other victims. The government estimated the
law would require more than $20 billion and a decade to implement.
Estimates of the numbers of IDPs varied. Accion Social registered
143,116 new displacements during the year, a 7 percent increase from
the same period in 2010.
DPS statistics showed that new displacements primarily occurred in
areas where narcotics cultivation and trafficking persisted, especially
where guerrilla groups and organized criminal gangs were present, such
as the Bajo Cauca area of the department of Antioquia, as well as in
the departments of Cauca, Choco, Narino, and Meta. According to the
DPS, during the year Antioquia registered the highest number of IDPs
(29,170), followed by Valle del Cauca (22,608), Narino (21,571), Cauca
(13,647), Cordoba (10,257), Caqueta (8,066), Choco (7,033) and Tolima
(5,549). The NGO Consultancy for Human Rights and Displacement (CODHES)
estimated that 259,146 persons were displaced during the year.
According to CODHES the departments that received the highest number of
IDPs during the year were Antioquia (64,043), Narino (28,694), Cauca
(19,549), Valle del Cauca (17,489), and Cordoba (10,561).
The government has registered an accumulated total of 3.9 million
persons displaced since 1997 (including those displaced in years before
the registration system was established), while CODHES estimated that
more than five million persons had been displaced as a result of the
conflict since 1985. Accion Social attributed a large part of the
growth in cumulative IDP registrations in recent years to a 2008 court
order requiring the government to include displacements from all
previous years in the national IDP registry. The court order also
prohibited the government from removing an individual from the IDP
registry regardless of how many years had passed since displacement.
Because of the continuing nature of the conflict and cumulative nature
of government IDP registrations, the country had one of the largest
populations of registered IDPs in the world.
The government's national registry included registered IDPs whose
applications for recognition had been accepted under defined criteria,
while CODHES estimated new displacements based on information from the
media, civil society, and fieldwork. CODHES also included as IDPs an
undetermined number of coca and opium poppy producers who migrated in
response to governmental drug eradication efforts, as well as those who
migrated due to poor economic conditions and food insecurity resulting
from the armed conflict.
Despite improvements in the government registration system,
international organizations and NGOs remained concerned about
underregistration of IDPs. CODHES cited the government's denial of many
registrations, lack of access to the registration system in some areas,
and fear of retaliation from illegal armed groups as obstacles to full
registration. The Monitoring Commission for Public Policy on Forced
Displacement, a civil society body that evaluates and reports on
internal displacement, noted important advances in the inclusion of
IDPs in the national system, but it expressed concern over the rising
rate of refusals and what it characterized as a 29 percent
underregistration rate. During the year Accion Social refused
approximately 28 percent of IDP registrations as ineligible, compared
with a 31 percent refusal rate in 2010. Accion Social reported that the
relatively higher refusal rate in recent years was a result of improved
verification of IDPs. Government policy provides for an appeals process
in the case of refusals.
FARC and ELN guerrillas and organized criminal gangs continued to
use forced displacement to gain control over strategic or economically
valuable territory, weaken their opponents' base of support, and
undermine government control and authority. Illegal armed groups also
used land mines and roadblocks to confine entire villages to protect
illicit crops and prevent pursuit by state security forces. The FARC,
ELN, and organized criminal gangs continued to use force, intimidation,
and disinformation to discourage IDPs from registering with the
government. Guerrilla agents often forced local leaders and community
members to demonstrate against illicit crop eradication efforts and
sometimes forced communities to displace as a form of coerced protest
against eradication. International organizations and civil society
expressed concern over the increase in urban displacement caused by
violence stemming from territorial disputes between criminal gangs,
some of which had links to larger criminal and narcotics trafficking
groups.
According to DPS statistics, during the year the government
registered 10,550 persons as intraurban IDPs. The Medellin Human Rights
Ombudsman's Office reported that there were 8,434 intraurban IDPs in
Medellin through October. The Medellin ombudsman did not use the same
registration criteria as the DPS. The report cited threats, recruitment
by illegal armed groups, homicides, violence, and sexual violence as
the primary causes of intraurban displacement.
During the year the government registered 4,961 new IDPs who
identified themselves as indigenous and 34,851 who identified
themselves as Afro-Colombian. Indigenous persons constituted 3 percent
of new IDPs registered by the government and Afro-Colombians 23
percent. The government reported that indigenous people made up 2.5
percent and Afro-Colombians 9 percent of the total IDP population. The
ICRC and UNHCR reported that indigenous and Afro-Colombian groups were
disproportionately affected by displacement in some departments.
The National Indigenous Organization of Colombia (ONIC) estimated
the number of displaced indigenous persons to be much higher than
indicated by government reports, since many indigenous persons did not
have adequate access to registration locations due to geographic
remoteness, language barriers, or unfamiliarity with the national
registration system. In 2010 ONIC Director Javier Sanchez told the
Inter-American Commission for Human Rights that at least 64 indigenous
communities risked extinction as a result of the conflict, the primary
cause for the displacement of indigenous peoples. CODHES estimated that
the departments with the highest level of displacement of indigenous
persons included Putumayo, Cordoba, Choco, Cauca, Narino, Caqueta,
Meta, and Guaviare. The local NGO Association of Internally Displaced
Afro-Colombians (AFRODES) reported in 2010 that 76 percent of displaced
who registered did not answer the question about ethnicity; therefore,
official statistics underrepresented the impact of displacement on
Afro-Colombian communities. AFRODES estimated that Afro-Colombians made
up as much as 25 percent of the total displaced population.
AFRODES stated that threats and violence against Afro-Colombian
leaders and communities continued to cause high levels of forced
displacement, especially in the Pacific Coast region. AFRODES and other
local NGOs also repeatedly expressed concern that large-scale economic
projects, such as agriculture and mining, contributed to displacement
in their communities.
The government, international humanitarian assistance
organizations, and civil society groups observed that mass
displacements continued, representing 11 percent of the total 143,116
persons displaced during the year according to government statistics.
The National Observatory for Displacement reported 80 mass displacement
events affecting more than 19,000 persons during the year, 15,782 of
whom were included in the national registry, compared with 58 mass
displacement events affecting 8,971 persons in 2010. According to the
DPS, the departments with the highest numbers of IDPs from mass
displacements in the year were Antioquia, Narino, Cordoba, Cauca, and
Choco. CODHES reported 58 mass displacement events during the year,
affecting approximately 26,900 persons, primarily in the departments of
Cauca, Narino, Cordoba, and Antioquia.
The U.N. Office for the Coordination of Humanitarian Affairs, the
UNHCR, and other international organizations reported on mass
displacements in other departments throughout the year. For example, in
February and early March, approximately 800 Afro-Colombians were forced
to displace from rural communities near Buenaventura, Valle de Cauca,
after illegal armed groups perpetrated a series of violent events
including killings, the forced disappearance of a community leader and
her husband, and threats. In early August 168 individuals from 62
families were forced from rural communities in Pradera, Antioquia,
after the FARC attacked army forces in the area.
CODHES also reported that at least nine IDP community and land-
rights leaders were killed during the year, bringing the number of such
leaders killed since 2002 to 54. On June 8, unknown assailants shot and
killed Afro-Colombian IDP community leader and land tenure advocate Ana
Fabricia Cordoba on a bus in Medellin. Cordoba had previously reported
receiving threats related to her advocacy, and the government stated
that Cordoba had not complied with the police-conducted risk analysis
required to grant her government protection. On December 17, unknown
assailants killed Alexa Gomez Polaina, president of Weavers of Life, an
association that advocates the rights of displaced people.
Investigation of both cases continued at year's end, as did
investigations of similar cases in previous years. On December 4,
President Santos announced that the government would offer financial
rewards for information leading to the arrest and conviction of those
who threatened or killed land-rights leaders.
The government budgeted 1.5 trillion pesos (approximately $776
million) to assist IDPs during the year. Assistance to registered IDPs
was delivered through Accion Social, the ICBF, the Ministry of Social
Protection (MSP), and other governmental ministries and agencies.
During the year Accion Social budgeted approximately 815 billion pesos
($421 million) for direct IDP assistance, providing emergency food
assistance to 600,000 persons, primarily IDPs. Accion Social also
coordinated the return of approximately 19,965 displaced households
during the year. International organizations and NGOs acknowledged the
government's significant progress in improving programs and budgets for
IDP assistance but maintained that the quality of programs providing
emergency assistance, housing, income generation, and land restitution
needed more improvement. CODHES estimated that more than half of
displaced women were not registered and therefore were not receiving
any emergency assistance. In 2010 Accion Social, the Prosecutor
General's Office, and the CNP established a specialized unit to
investigate and prosecute cases of forced displacement and
disappearances. The unit included 22 prosecutors from the Prosecutor
General's Office, 44 prosecutor and judicial assistants, and 85
investigators from the National Judicial Police. At year's end the
displacement unit was working to transfer approximately 50,000 pending
complaints from other units in the Prosecutor General's Office for
possible investigation.
Assistance organizations pointed out that emergency response to
mass displacements was more difficult and costly to mount, because most
displacements took place in remote locations; however, the speed and
effectiveness of the response continued to improve. Accion Social and
other government agencies began response to most mass displacement
events immediately. International organizations and civil society
reported that a lack of local capacity to accept registrations in high-
displacement areas often delayed by several weeks or months assistance
to persons displaced individually or in smaller groups. Intense
fighting and insecurity in conflict zones, including areas in the
departments of Antioquia, Cauca, and Narino, sometimes delayed national
and international aid organizations from accessing newly displaced
populations. The government took steps with international organizations
and NGOs to improve the registration system and reduce the wait time,
including prioritizing the vulnerable cases, holding registration fairs
in high-displacement areas, and deploying more resources and equipment.
Despite several government initiatives to enhance IDP access to
services and awareness of their rights, many IDPs continued to live in
poverty with unhygienic conditions and limited access to health care,
education, or employment. In 2004 the Constitutional Court ordered the
government to reformulate its IDP programs and policies, including
improving the registration system. Since then the court has issued more
than 100 follow-up decisions, some addressing specific cross-cutting
issues such as gender, disabled persons, and ethnic minorities, and
others analyzing specific policy components such as land and housing.
In its March 16 report to the Constitutional Court, Accion Social
cited improvements in institutional and territorial coordination,
enhanced registration systems, involvement of IDP and community
authorities and associations, increased IDP policy and program budget,
and improved monitoring and evaluation of assistance and rights. The
Monitoring Commission for Public Policy on Forced Displacement
acknowledged some of the improvements cited in the government response
but asserted that significant gaps remained.
On October 13, the Constitutional Court issued another follow-up
decision that recognized significant progress in health and education
but identified significant shortcomings, including in the areas of
displacement prevention, housing, and income generation. The court also
acknowledged the importance of the new Land and Victims' Law and asked
the government for a complete report on how IDPs' rights would be
addressed under the new legal framework and the budget required for
that purpose.
Several international organizations and domestic nonprofit groups,
such as the International Organization for Migration (IOM), World Food
Program, ICRC, and Colombian Red Cross, coordinated with the government
to provide emergency relief and long-term assistance to displaced
populations.
Displaced persons also sought protection across international
borders as a result of the internal armed conflict. The UNHCR reported
in its 2010 Global Trends report released in June that Colombia was the
country of origin for 113,233 refugees and 59,954 asylum seekers, the
majority in Ecuador, Venezuela, Costa Rica, and Panama. In 2010 the
governments of Colombia and Ecuador formed a bilateral refugee
commission to discuss the situation of Colombian refugees in Ecuador,
including plans for voluntary returns. In September Foreign Minister
Maria Angela Holguin announced that the government would contribute
$500,000 to UNHCR Ecuador for programs in support of Colombian refugees
in Ecuador. She also announced a contribution of $200,000 to the IOM to
support voluntary returns of Colombian refugees from Ecuador.
Protection of Refugees.--Access to Asylum.--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 reserved the right to determine eligibility
for asylum based upon its own assessment of the nature of an
applicant's claim. According to the government, it had approved 109
applications of the 890 applications for refugee status since 2003. The
majority of those who had presented applications abandoned them and
left before a refugee status determination was completed. As of June
the government had received 61 applications for refugee status: five
were approved, 37 were rejected, and the others were pending at year's
end. According to the government, 101 recognized refugees resided in
the country. During the year the government received 131 applications
for refugee status, including from persons from Cuba, Eritrea,
Ethiopia, and Afghanistan. Of these cases, two persons were approved
for refugee status, 112 were rejected, and 17 were pending at year's
end. The government also reported an increase in the smuggling of
migrants from outside the region, primarily from Asia and East Africa,
en route to the United States and Canada. The government regularly
provided access to the asylum process for such persons who requested
international protection; however, nearly all abandoned their
applications and continued on the migration route before a refugee
status determination was completed.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, generally free and fair elections based on nearly universal
suffrage. Active-duty members of the armed forces and police may not
vote or participate in the political process. Civilian public employees
are eligible to vote, although they may participate in partisan
politics only during the four months immediately preceding a national
election.
Elections and Political Participation.--Recent Elections.--On
October 30, the government held elections for local positions including
governors, departmental representatives, mayors, and municipal
councilors. The Electoral Observation Mission (MOE), an independent
election-monitoring NGO, reported that between February and election
day, of the approximately 102,000 candidates for local office, 41 were
killed, 23 were attacked, seven were kidnapped, and 88 were threatened,
for a total of 159 incidents of ``political violence,'' compared with
149 during the previous local elections in 2007.
According to the NGO New Rainbow Foundation, electoral fraud
remained a serious concern. The NGO reported that parties supported
candidates with questionable financial ties paid voters to register and
vote in municipalities in which they were not resident. According to
New Rainbow Foundation, all parties' rosters included candidates with
questionable ties. The MOE estimated that 600,000 people registered to
vote in precincts where they were not legally resident. The government
took steps to reduce fraud, introducing a new finance tool to ensure
transparency of campaign funds, disqualifying candidates with pending
criminal investigations, and canceling the national identification
cards of voters who could not demonstrate residence or employment in
the municipality where they registered to vote.
Following the election, on November 27, two men shot and killed
Eladio Yascual Imbaquin, the MOE regional coordinator in Putumayo. The
Prosecutor General's Office continued to investigate the case at year's
end.
In June 2010 Juan Manuel Santos won a four-year term as president
in elections that the OAS electoral observation mission considered
generally free and fair. The OAS mission also noted that the 2010
elections involved the lowest levels of violence in 30 years.
Political Parties.--Political parties could operate without
restrictions or outside interference. The Liberal and Conservative
parties previously dominated politics. The 2010 election of President
Santos and the second-place showing of Antanas Mockus of the newly
established Green Party reflected a continued widening of the political
arena. More than a dozen political parties from across the political
spectrum were represented in Congress.
Organized criminal gangs and the FARC threatened and killed
government officials (see section 1.g.). According to the Presidential
Program for Human Rights, seven municipal council members were killed
through September, compared with eight in the same period in 2010.
Some local officials resigned because of threats from the FARC. A
Ministry of Interior and Justice program provided protection to 199
mayors, 103 members of departmental congresses, and 2,448 council
members as of July.
Participation of Women and Minorities.--The law requires that women
be placed in at least 30 percent of appointed government posts and that
the government report to Congress each year the percentage of women in
high-level government positions. There were 15 women in the 102-member
Senate and 19 in the 165-member House of Representatives. There were
four women in the 16-member cabinet and three on the 23-member Supreme
Court. In January the country's first female prosecutor general was
sworn in; however, the validity of her election was challenged on
several grounds.
Two indigenous senators and two indigenous members of the House of
Representatives occupied seats reserved for indigenous persons. There
were no indigenous persons in the cabinet or on any of the high courts.
Eleven Afro-Colombians served in Congress. There were eight self-
identified Afro-Colombian members of the House of Representatives--six
were elected, and two occupied seats reserved for Afro-Colombians.
Although there were no seats reserved for Afro-Colombians in the
Senate, there were three Afro-Colombian senators. Two Afro-Colombians
served as deputy magistrates on the Constitutional Court. There were no
Afro-Colombian cabinet ministers.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively; however,
officials sometimes engaged in corrupt practices with impunity. The
World Bank's worldwide governance indicators reflected that government
corruption was a serious problem. Drug trafficking revenues exacerbated
corruption.
On April 28, the Prosecutor General's Office, acting on a warrant
issued by the Supreme Court, arrested and charged a senator for
contracting irregularities associated with public works in Bogota,
where the senator's brother served as mayor. In June the Senate voted
to suspend the senator. In September the Supreme Court denied his
appeal to be released on bail pending his trial. The former senator's
trial began in November and continued at year's end.
On May 3, the Inspector General's Office suspended the mayor of
Bogota for failing to fulfill his public duty and for contracting
irregularities. On June 22, the Prosecutor General's Office filed
charges against the suspended mayor on accusations that included
failure to execute public contracts legally and embezzlement. On
September 23, a Bogota judge ordered the former mayor detained pending
trial on the basis that he could influence the judicial process by
obstructing justice. The investigations followed the Democratic Pole
party's own internal investigation, which found the mayor had
benefitted from contracting processes that were not transparent. In
October the inspector general suspended him from public office for 12
months. At year's end he remained in jail while the criminal
investigation against him continued.
Investigations into a 2009 corruption scandal involving
inappropriate use of the Agriculture Ministry's irrigation and drainage
loan program continued during the year. On July 19, the inspector
general barred the former agriculture minister from public service for
a period of 16 years because of irregularities associated with
contracts issued by the ministry during his tenure as minister. On
September 16, the prosecutor general formally charged the former
minister with embezzlement and failure to execute public contracts
legally. At year's end he remained in jail while the trial continued.
The Prosecutor General's Office continued to investigate other former
government officials in connection with the scandal.
The Justice and Peace Law (JPL) process continued to expose
corruption and paramilitary ties within the government and security
forces. The president continued funding for the Supreme Court's
investigative unit, which examined members of Congress and senior
government officials. At year's end a total of 94 sitting or former
congressional representatives and senators had been investigated;
subsequently, 25 were acquitted and 37 convicted. Fifteen governors
were investigated, eight of whom were convicted.
The primary government body to design and enforce policies against
corruption was the Presidential Program for Modernization, Efficiency,
Transparency, and Combating Corruption, led by the anticorruption czar.
The primary government institution that investigates and prosecutes
corruption is the Prosecutor General's Office, but the Congress plays
an investigative role in cases in which high government officials are
involved.
By law public officials must file annual financial disclosure forms
with the tax authority. This information is not public. The Senate
maintained a Web site on which senators could voluntarily post their
financial information.
The law provides for public access to government information, and
the government generally provided this access in practice. While there
are no prohibitive fees to access government information, there were
reports that some low-level officials insisted on bribes to expedite
access to information.
Section 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
and local human rights groups often differed in their evaluations and
analyses of the human rights situation. NGOs reported that criticism
from high-level officials, including former president Uribe, linking
them to guerrilla groups put them at risk of retaliation by organized
criminal gangs. While most NGOs noted a more positive, conciliatory
tone by the Santos government, some also said that the government
arbitrarily arrested and detained human rights activists, particularly
in high-conflict areas. NGOs claimed that the Prosecutor General's
Office had pursued numerous unfounded judicial cases against legitimate
human rights defenders with the purpose of discrediting their work. The
government charged that some human rights activists engaged in
activities that supported terrorism (see section 1.e.).
President Santos, Vice President Garzon, and other senior
government officials continued to make public statements in support of
human rights defenders during the year. The Ministry of Interior's 145
billion peso ($75 million) protection program provided protection to a
total of 8,880 people, including 1,531 human rights activists, as of
July (see section 2.a.).
According to the NGO We Are Defenders (Somos Defensores), 29 human
rights activists were killed and 93 threatened during the first half of
the year. CODHES and We Are Defenders reported a rising trend of
attacks against women leaders of the IDP population and activists
seeking land restitution.
Several NGOs reported receiving threats in the form of e-mails,
mail, telephone calls, obituaries, objects, or directly from unknown
individuals. According to the OHCHR, reports of threats continued to
increase during the year. The government condemned the threats and
called on the Prosecutor General's Office to investigate them. The
Prosecutor General's Office investigated 100 cases of threats against
human rights defenders during the year. None of the investigations had
resulted in a prosecution at year's end.
The government continued to meet with representatives of the OHCHR,
local NGOs, and the diplomatic corps to discuss steps it had taken to
comply with OHCHR recommendations to improve human rights practices.
While acknowledging progress on several recommendations, the OHCHR and
local NGOs reported that the government had not fully implemented all
of them by year's end.
Government Human Rights Bodies.--The ombudsman is independent,
submits an annual report to the House of Representatives, and has
responsibility for providing for the promotion and exercise of human
rights. The Ombudsman's Office was underfunded, which limited its
ability to monitor violations effectively. Members of the ombudsman's
regional offices were under constant threat from illegal armed groups
via pamphlets, e-mails, and violent actions.
On November 2, President Santos signed a decree creating the
National System for Human Rights and International Humanitarian Law.
The system is coordinated by a commission of 11 senior government
officials, led by the vice president, and is charged with designing,
implementing, and evaluating the government's human rights and
international humanitarian law policies. The Presidential Program for
Human Rights, which operates under the authority of the vice president,
coordinates national human rights policy and actions taken by
government entities to promote or protect human rights. The program
published the Human Rights Observer magazine, which provided analyses
of major human rights issues and developments.
Both the Senate and House of Representatives have human rights
committees, which serve solely as forums for discussion of human rights
issues.
Implementation of the 2005 JPL continued. The Justice and Peace
Unit in the Prosecutor General's Office is responsible for the required
investigation and prosecution of demobilized persons, and an
interagency commission on Justice and Peace coordinates its
implementation. During the year 4,643 persons were presented as
eligible for the JPL; 4,140 of these were former paramilitary members,
including at least 29 commanders, and 503 were former guerrilla
members. Testimonies of more than 2,433 individuals were taken, in
which the Prosecutor General's Office identified 52,263 crimes,
including more than 46,000 homicides. There were 66,773 victims
involved in the 52,263 identified crimes. At year's end 362,369 victims
had registered with the Prosecutor General's Office, including 38,604
who registered by October 31. Between January and October, the
government exhumed 428 graves involving the remains of 573 persons.
During the year the government identified 304 remains, 250 of which
were returned to family members by the end of October. Testimony from
the voluntary confessions also triggered investigations of politicians,
military members, major agricultural producers, and government
officials' ties to paramilitary forces.
The application of the law continued to face many challenges,
including thousands of former paramilitary members who remained in
legal limbo, and there was little land or money confiscated from
paramilitary leaders. There were 10 convictions of paramilitary leaders
since the law's implementation in 2005, seven in 2011.
Since 2009 the government's Program of Administrative Reparations
paid approximately 700 billion pesos ($362 million) in reparations to
victims of illegal armed groups. Through May the Victim Protection
Program under the Ministry of Interior and Justice protected 48 victims
involved in the Justice and Peace process. As part of institutional
reforms, the government allowed the mandate of the National Commission
for Reparation and Reconciliation, including the Historical Memory
Group, to expire. As provided by a 2010 law, the government was working
to establish a limited version of a truth commission. The Land and
Victims' Law provides for the establishment and institutionalization of
formal archives and a Center of Historic Memory for collecting oral
testimony and material documentation concerning violations of
international human rights norms and law.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the law specifically prohibits discrimination based on
race, gender, disability, language, or social status, in practice many
of these prohibitions were not enforced.
Women.--Rape and Domestic Violence.--Although prohibited by law,
rape, including spousal rape, remained a serious problem. The law
provides for sentences ranging from eight to 30 years' imprisonment for
violent sexual assault. For acts of spousal sexual violence, the law
mandates prison sentences of six months to two years and denies
probation or bail to offenders who disobey restraining orders. There
was no comprehensive or consolidated database on the incidence of
sexual violence. However, in January the ``Leave My Body Out of War''
campaign published the results of an Oxfam-funded 2010 survey that
sought to analyze the rate and prevalence of sexual violence against
women in the country between 2001 and 2009. The survey was based on
interviews conducted with 2,693 women in 15 of the country's 407
municipalities identified as ``conflict-affected.'' The study
extrapolated the survey results to estimate that 489,687 women had been
victims of sexual violence. Almost 20 percent of these were instances
of rape; almost half of these women were raped at least twice (33
percent on three or more occasions). Sexual harassment, regulation of
social life, forced domestic labor, forced prostitution, forced
abortion, forced pregnancy, and forced sterilization were all included
under the definition of sexual violence. The study estimated that 30
percent of the violence was perpetrated by armed actors. However, a
March study published by NGO Point of View Corporation and Benetech
cautioned against citing the results of the study, noting the survey
sample was drawn from only 15 municipalities and did not include
nonconflict-affected zones.
Prosecution rates for rape were low, and the Prosecutor General's
Office attempted to improve this. In light of low prosecution rates, in
2008 the Constitutional Court directed the Prosecutor General's Office
to advance investigations into 183 alleged cases of sexual violence. As
of September 2010 only four cases had resulted in a conviction, and 140
remained in the investigative stage. Journalist Jineth Bedoya, who was
abducted and raped in 2000 when she was entering a prison to conduct an
interview, lobbied the Inter-American Court of Human Rights to take up
her case. The Prosecutor General's Office increased efforts to
investigate the crime; at year's end the investigation continued. The
National Institute for Legal Medicine and Forensic Science identified
18,044 cases of suspected sex crimes through the end of November,
including rape, but indicated that many cases went unreported. New
illegal group members, former paramilitary members, and guerrillas,
raped, sexually abused, and sometimes sexually mutilated women and
children for fraternizing with the enemy, working as prostitutes,
having sexual relations outside of marriage, or violating imposed codes
of conduct or restrictions on dress (see section 1.g.).
Although prohibited by law, domestic violence, including spousal
abuse, remained a serious problem. Judicial authorities may remove an
abuser from the household and require therapy or reeducation. The law
provides both fines and prison time if the abuser causes grave harm or
the abuse is recurrent; however, provisions for fines were not applied.
The National Institute for Legal Medicine and Forensic Science reported
more than 38,000 cases of domestic violence against women, but it noted
that only a small percentage of cases were brought to its attention for
investigation and follow-up and that true numbers were likely
significantly higher. The law requires the government to provide
victims of domestic violence with immediate protection from further
physical or psychological abuse. The ICBF provided safe houses and
counseling for victims, but its services could not meet the magnitude
of the problem. In addition to fulfilling traditional family counseling
functions, ICBF family ombudsmen handled domestic violence cases. The
Human Rights Ombudsman's Office conducted regional training workshops
to promote the application of domestic violence statutes.
Sexual Harassment.--The law provides measures to discourage and
punish harassment at the workplace, such as sexual harassment, verbal
abuse or derision, aggression, and discrimination. Nonetheless, sexual
harassment remained a pervasive problem. In the Oxfam-funded study,
approximately 7 percent of those surveyed experienced sexual
harassment, although the incidence was likely significantly higher.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of children and the information
and means to do so free from discrimination. Women and men had access
to contraception, skilled attendance during childbirth, prenatal care,
and obstetric care. Approximately 1 percent of those interviewed in the
Oxfam study reported having been forced to have an abortion. Illegal
armed groups forced women to have abortions. For example, female
combatants who demobilized from the FARC reported that women in the
FARC were repeatedly forced to have abortions, with most experiencing
between one and seven abortions.
Discrimination.--Although women enjoy the same legal rights as men,
serious discrimination against women persisted. Women faced hiring
discrimination were affected disproportionately by unemployment and had
salaries that generally were not commensurate with their education and
experience. Only 43 percent of women participated in the labor force;
they were paid on average 40 percent less than men participating in
similar or equal work.
The president's adviser for equality of women has primary
responsibility for combating discrimination against women, although her
office remained seriously underfunded. In October the government hosted
the first national strategy conference as part of a campaign to
highlight women's rights. The campaign sought to reduce violence
against women, especially displaced women, and establish government
policies to respond better to women who are victims of violence.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory. Most births are registered immediately
in the hospital following birth. If a birth is not registered within
one month, parents can be fined and denied public services.
Child Abuse.--Child abuse was a serious problem. The National
Institute for Legal Medicine and Forensic Sciences reported more than
6,000 cases of child abuse through June. The ICBF reported 6,328 cases
of sexual abuse against children through August. The institute also
estimated that approximately 86 percent of reported sex crimes involved
sexual abuse of children, most of whom were under age 14 (which is the
minimum age of consent). In November the vice president and the
government's senior advisor for equality of women launched a campaign
to prevent sexual abuse of children. Numerous government and private
sector entities participated in the campaign.
Sexual Exploitation of Children.--By law sexual exploitation of a
person under 18 years of age carries a penalty of 14 to 25 years in
prison. Encouraging or forcing a minor into prostitution carries a
penalty ranging from two to eight years in prison and a fine. The law
prohibits pornography using children under 18 years of age and
stipulates a penalty of 10 to 20 years in prison and a fine. The
minimum age of consensual sex is 14. The penalty for sexual activity
with a child under age 14 ranges from two to 10 years in prison.
According to the ICBF, through September there were 466 reports of
minors engaging in independent or forced prostitution and 46 of child
pornography. The ICBF identified 39 children through September engaged
in activities involving child sex tourism and assisted 6,328 children
victimized by sexual violence, including sexual exploitation, with
psychosocial, medical, and legal support. The law authorizes the
government to confiscate profits from hotels and other establishments
where minors are sexually exploited.
Child Soldiers.--Guerrillas forcibly recruited and used children as
soldiers, including indigenous children (see section 1.g.). According
to the U.N. illegal armed groups killed or threatened children with
death on suspicion of being informants for the military.
Displaced Children.--According to government registrations, 36
percent of IDPs during the year were children (see section 2.d.).
International Child Abduction.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--The Jewish community had an estimated 5,000
members. There were limited, isolated reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other state
services, and the government sought to enforce these prohibitions. No
law mandates access to public buildings, information, and
telecommunications for persons with disabilities, limiting the power of
the government to penalize schools or offices without access, but both
national and local governments promoted programs aimed at improving
access for the disabled. The Presidential Program for Human Rights is
responsible for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.According to the 2005 national
census, approximately 4.5 million persons, or 10 percent of the
country's population, described themselves as of African descent. A
November U.N. report estimated that Afro-Colombians composed 15 to 20
percent of the population, while human rights groups and Afro-Colombian
organizations estimated the proportion to be 20 to 25 percent. Afro-
Colombians are entitled to all constitutional rights and protections,
but they faced significant economic and social discrimination.
According to the U.N. report, 45.5 percent of the country's population
lived below the poverty rate, but in Choco, the department with the
highest percentage of Afro-Colombian residents, 70.5 percent of
residents lived below the poverty line (41 percent in extreme poverty).
Choco continued to experience the lowest per capita level of social
investment and ranked last in terms of infrastructure, education, and
health. Maternal mortality in Choco was four times higher than the
national average. It also continued to experience some of the country's
worst political violence, as organized criminal gangs and FARC and ELN
guerrillas struggled for control of the department's drug- and weapons-
smuggling corridor (see section 1.g.). The U.N. report further
explained that illiteracy rates were six times the national average in
Narino, another department with a high percentage of Afro-Colombians.
In 2010 the government approved a policy to promote equal
opportunity for black, Afro-Colombian, Palenquera, and Raizal
populations. (Palenquera populations along some parts of the Caribbean
coast, Raizal populations in the San Andres archipelago, and blacks and
Afro-Colombians are all Afro-descendents who self-identify slightly
differently based on their unique linguistic and cultural heritages.)
In November President Santos signed into law an antidiscrimination bill
that imposes a penalty of one to three years in prison or a fine of
approximately 5.3 million to 8 million pesos ($2,740 to $4,140). It
also adds a chapter on discrimination to the penal code that includes
not only racism but discrimination based on ethnic origin, religion,
nationality, political ideology, sex, and sexual orientation.
Indigenous People.--The constitution and laws give special
recognition to the fundamental rights of indigenous people, who compose
approximately 3.4 percent of the population, and require that the
government consult beforehand with indigenous groups regarding
governmental actions that could affect them.
The law accords indigenous groups perpetual rights to their
ancestral lands. Traditional indigenous authorities operated 807
reservations, accounting for 30 percent of the country's territory,
with officials selected according to indigenous traditions. However,
many indigenous communities had no legal title to lands they claimed,
and illegal armed groups often violently contested indigenous land
ownership. Through its land restitution and formalization ``shock
plan,'' as of July the government had restored 269,800 acres of land to
indigenous communities.
The law provides for special criminal and civil jurisdictions
within indigenous territories based on traditional community laws.
Proceedings in these jurisdictions were subject to manipulation and
often rendered punishments that were more lenient than those imposed by
regular civilian courts.
Some indigenous groups continued to argue that they were not able
to participate adequately in decisions affecting their lands.
Indigenous leaders complained of the occasional presence of government
security forces on indigenous reservations and asked that the
government consult with indigenous authorities prior to taking military
action against illegal armed groups operating in or around such areas.
In March the Constitutional Court ordered the suspension of a major
road project and several mining projects in Choco Department for
failure to consult with indigenous groups prior to initiating those
projects. As part of the judgment, the court asked Interconexion
Electrica SA (ISA), the country's largest electricity distributor, to
stop work on a binational power line project intended to interconnect
Colombia's transmission lines with Panama's. In response, ISA officials
began to develop plans to initiate consultations with indigenous groups
in Choco.
In the March decision, the Constitutional Court recognized
unconditionally the ``indigenous peoples' right to free, prior, and
informed consent'' during all phases of a project. According to the
ruling, consent should be the end goal of any prior consultation
process and must be obtained in three specific instances: when a
project displaces communities; when it involves storing or disposing of
toxic waste in ethnic territories; or when it causes social, cultural,
or environmental impacts that put the existence of the community at
risk. It also orders related jurisprudence to be translated into the
local Embera language and published.
In May the Constitutional Court struck down strict mining
regulations passed in 2010 but stated they would remain in effect for
two years to give Congress time to approve an alternate bill. In its
ruling the court declared the mining code unconstitutional because
indigenous communities and Afro-Colombians living in mining areas had
not been consulted.
The government stated that for security reasons it could not
provide advance notice of most military operations and that it
consulted with indigenous leaders when possible before entering land
held by the communities. The law permits the presence of government
security forces on indigenous lands; however, Ministry of Defense
directives instruct security forces to respect the integrity of
indigenous communities, particularly during military and police
operations.
Despite special legal protections and government assistance
programs, indigenous people continued to suffer discrimination and
often lived on the margins of society. The indigenous people were the
country's poorest population and had the highest age-specific mortality
rates. Indigenous women tended to face triple discrimination on the
basis of gender, ethnicity, and reduced economic status.
The Presidential Program for Human Rights reported that through
September there were 71 homicides of indigenous people, compared with
68 for the same period in 2010. According to ONIC, on November 12,
presumed members of the FARC shot and killed Fabio Domico Domico, vice
governor of the Embera Katio community in Dabeiba, Antioquia. Domico
was in charge of developing plans to safeguard his community. ONIC
reported that the FARC, ELN, and organized criminal groups targeted
indigenous groups in an effort to seek territory for drug-trafficking
activities, among other motives. In July indigenous groups reported
that 73 indigenous persons were injured in a FARC attack in Toribio,
Cauca, when a bus loaded with explosives was detonated in the town
center.
In February the U.N. Permanent Forum on Indigenous Issues
recognized government efforts in fully recognizing the rights of
indigenous groups but noted that the situation of these groups remained
``extremely serious, critical, and profoundly worrisome."
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was no official
discrimination based on sexual orientation in employment, housing,
statelessness, or access to education or health care. Nevertheless,
despite government measures to increase the rights and protection of
lesbian, gay, bisexual, and transgender (LGBT) persons, there were
reports of abuse and discrimination.
Colombia Diversa, an NGO focused on violence and discrimination due
to sexual orientation, reported at least 51 killings as of December 31
due to prejudice regarding sexual orientation or gender identity. The
organization reported that on March 17, Gabriela Alejandra Guerrero, a
transgender activist in Pasto, Narino, and member of the Southern
Transgender Foundation, was killed, allegedly by a group called the
Hitler Brotherhood of Pasto. According to a local rights organization,
the local LGBT community had been receiving threats since 2010.
Colombia Diversa reported cases of police abuse against persons due
to their sexual orientation, with the majority of complaints coming
from transgender individuals. According to LGBT NGOs, these attacks
frequently occurred, but victims did not pursue cases for fear of
retaliation. NGOs also reported several cases of threats against human
rights defenders working on LGBT issues as well as a high level of
impunity for crimes against members of the LGBT community. Such
organizations partially attributed impunity levels to failure of the
Prosecutor General's Office to distinguish and follow crimes against
the LGBT community effectively.
A 2010 study by Bogota's Department of Sexual Diversity reported
that 98 percent of the LGBT community faced discrimination,
particularly in schools and workplaces. The report showed that 53
percent of the community had been physically attacked for their sexual
orientation or gender identity, and in 61 percent of cases the attacker
was closely related to the victim. Transgender individuals were
victimized the most (64 percent of that community), followed by
lesbians (57 percent).
Members of the transgender community cited barriers to public
services when health-care providers or members of the police refused to
accept government-issued identification with transgender individuals'
names and photos.
NGOs claimed that discrimination in prisons against persons due to
their sexual orientation or gender identity remained a problem. In
addition, there were instances where medical services for transgender
individuals were denied. On June 15, the Constitutional Court ordered
INPEC to create a training program for guards and prisoners on LGBT
rights.
On November 2, the Constitutional Court ruled that the Ministry of
the Interior, Ombudsman's Office, and Inspector General's Office must
collaborate to create a national public policy framework on LGBT
rights. The decision came in response to a suit by a transgender
individual alleging he was denied entrance to a concert due to his
transgender identity. In its decision the court noted that sexual
behavior ``does not justify unequal treatment."
Other Societal Violence or Discrimination.--There were no confirmed
reports of societal violence or discrimination towards persons with
HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows some workers to form and join unions, conduct legal
strikes, and bargain collectively, and it prohibits antiunion
discrimination. The law places some restrictions on forming and joining
a union, particularly for workers in indirect contracting situations
(although legal ambiguities also allowed some indirectly contracted
workers to form unions). Members of the armed forces and police are
prohibited from forming or joining unions. The labor code provides for
automatic recognition of unions that obtain 25 signatures from
potential members and comply with a registration process.
Members of some public sector unions, armed forces, police, and
persons performing ``essential public services'' are not permitted to
strike. The prohibition of strikes typically included a wide range of
public services not considered ``essential'' as defined by the
International Labor Organization (ILO). However, during the year the
government published a summary of doctrine, case law, and jurisprudence
that narrowed the definition of essential services for use by labor
inspectors and the judiciary. Some members of the labor community
criticized this document as continuing to lean toward an overly broad
definition of essential services.
Before conducting a strike, unions must follow prescribed legal
procedures, including entering into a conversation period with the
employer, presenting a list of demands, and gaining majority approval
in the union for a strike. By law strikes are limited to periods of
contract negotiations or collective bargaining and allows employers to
fire trade unionists who participate in strikes or work stoppages
determined to be illegal by the courts.
The law prohibits public-sector collective bargaining agreements.
Public sector employees can negotiate mutually approved agreements, but
by definition these are not collective bargaining agreements. The law
permits associated workers' cooperatives (CTAs) as well as collective
pacts. Under collective pacts employers may negotiate accords on pay
and labor conditions with groups of workers in workplaces where no
union is present or where a union represents less than one-third of
employees. The ILO continued to raise concerns regarding collective
pacts, noting that they should be possible only in the absence of trade
union organizations. Law and regulations prohibit the use of CTAs and
collective pacts to undermine the right to organize and bargain
collectively, including by extending better conditions to nonunion
workers in such pacts. CTAs must register with the government and
provide compensation at least equivalent to the minimum wage and the
same health and retirement benefits normally offered to directly hired
employees.
During the year the government made legal reforms, including
narrowing the scope of legal uses of CTAs and prohibiting the misuse of
CTAs or other labor relationships that negatively affect labor rights.
Maximum penalties for violation can exceed 5,000 minimum monthly wages,
or 2.6 billion pesos ($1.3 million). The government also revised the
criminal code to strengthen penalties for employers who engage in
antiunion practices by penalizing such conduct with up to five years'
imprisonment. Prohibited practices include impeding workers' right to
legally strike, meet, or otherwise associate and extending better
conditions to members of collective pacts than those in unions.
The government generally enforced applicable laws, but a lack of
inspectors trained in the most recent laws, as well as an overburdened
judicial system, inhibited speedy and consistent application. The
Ministry of Social Protection was charged with enforcing labor laws for
most of the year. However, in November the government created a
separate Ministry of Labor. At year's end the new ministry continued to
build its technical capacity in several areas, including inspection
procedures to enforce the new regulations on CTAs and other forms of
third-party contracting. The government has the authority to fine labor
rights violators but seldom shut down repeat offenders.
During the year the government investigated more than 907 CTAs and
pre-CTAs, and it had sanctioned 176 as of August 31. The total amount
of the fines levied against CTAs and pre CTAs was approximately 1.62
billion pesos ($838,000). In 2010 the government sanctioned 125 CTAs
and imposed fines totaling 514 million pesos ($266,000).
On April 7, the government committed to a Labor Action Plan to
protect internationally recognized labor rights, prevent violence
against labor leaders, and prosecute the perpetrators of such violence.
In addition, on May 26, the government signed a tripartite accord to
advance labor rights with the business community, General Labor
Confederation (CGT), and Colombian Pensioners' Confederation. The
accord reinforced many of the commitments of the plan. It also included
a commitment for reparations of unionist victims through the Justice
and Peace Law and attention to ILO cases covering labor violence and
impunity.
As part of its commitments under the action plan, the government
took several steps to increase the effective enforcement of freedom of
association and collective bargaining. For instance, by year's end the
government was completing the hiring and training of 100 new labor
inspectors, half of whom would specifically cover CTA issues in problem
sectors. The government also implemented an enforcement plan for
inspections of temporary service agencies and assigned 100 additional
full-time judicial police investigators to support prosecutors who
cover criminal cases involving unionists. The government improved the
technical capacity of Ministry of Labor personnel by improving
inspection procedures and methodology and developing a field guide for
inspectors.
The Ministry of Social Protection (as of November the Ministry of
Labor) established a telephone and Internet complaint mechanism to
report alleged labor violations. However, labor groups expressed
concern that the two systems did not provide an option to track
progress on cases.
The Prosecutor General's Office issued a directive requiring the
judicial police, the Technical Investigative Body, and prosecutors
investigating criminal cases to determine during the initial phase of
an investigation whether a victim was an active or retired union member
or was actively engaged in union formation and organization. The
government also broadened the scope of coverage for its protection
program to include labor activists, persons who are engaged in efforts
to form a union, and former unionists under threat because of their
past activities. By year's end these changes were in place, and several
activists had been approved for protection under the program.
As of July the Ministry of Interior and Justice provided protection
to 8,880 at-risk individuals, of whom 1,454 were trade union leaders or
members (others protected included journalists, human rights advocates,
and social leaders). The Ministry of Education managed a separate
protection (transfer) program for educators, the majority of whom were
unionized. Since 2000 the Prosecutor General's Office obtained 452
convictions of at least 592 individuals for violent acts against trade
unionists, including 91 during the year. A special labor subunit set up
in 2006 was assigned 1,465 cases to investigate and process, the
majority of which remained under investigation or were in the
preliminary stages of the prosecutorial process.
During the year the Prosecutor General's Office reported
convictions in several high-profile cases. In January four individuals
were sentenced to 23-36 years in prison as coauthors of the August 2010
murder of Sintraempaques leader Luis German Restrepo Maldonado. In July
demobilized AUC member Ricardo Lopez Lora (alias La Marrana or Rober)
accepted responsibility for the 1997 kidnapping and disappearance of
Ramon Alberio Beltran Gil. Beltran was a member of the agricultural
union Sintrainagro, and his killing was ordered by Carlos Castano Gil,
who, according to the union, believed Beltran was collaborating with
leftist guerrillas.
In practice violence, threats, harassment, and other practices
against trade unionists continued to affect the exercise of the right
to freedom of association, as violence and discrimination against union
members discouraged some workers from joining and engaging in union
activities. Labor unions assessed that high unemployment, a large
informal economy, antiunion attitudes, and violence against trade union
leaders contributed to making organizing difficult, limiting workers'
bargaining power across sectors. Unions were generally independent of
the government and political parties.
The Presidential Program for Human Rights reported that 20 trade
unionists were killed through October, compared with 30 during the same
period in 2010, while the National Union School (ENS), a labor rights
NGO and think tank, reported that 29 trade unionists were killed during
the year, compared with 51 in 2010. ENS and government figures differed
because of different definitions of trade union membership and
interpretations of homicide motives.
For example, on August 22, in Monteria, Cordoba, unknown
individuals on a motorcycle shot and killed University of Cordoba
security guard Luis Alfonso Diaz Villa. Diaz Villa was a member and
activist in the University of Cordoba employees' union Sintraunicol.
The ENS reported that Diaz Villa had been an active member of the union
with service on its executive board. Sintraunicol denounced the killing
in a public statement, tying it to the union's long history of
victimization by illegal armed groups. At year's end the case was under
investigation by the special ILO labor violence case unit of the
Prosecutor General's Office.
The ENS and other labor groups continued to note that focusing on
killings alone masked the true nature and scope of the antiunion
violence. Labor groups noted that in some regions nonlethal violations
were on the rise. The ENS reported 480 violations for the year; in
addition to the 29 reported homicides, there were 342 death threats, 10
nonlethal attacks, three disappearances, 16 arbitrary detentions, 34
cases of forced displacement, 43 cases of harassment, two cases of
torture, and one kidnapping.
Teachers continued to make up the largest percentage of union
members and were the largest percentage of victims of violence by
illegal armed groups. The Presidential Program for Human Rights
reported that 12 of the 20 unionists killed as of October were
teachers, while ENS reported 14 of 29 unionists killed were teachers.
The teachers union Colombian Federation of Educators (FECODE) reported
that 21 unionized educators were killed during the year.
On June 8, in Dosquebradas, Risaralda, unknown assailants shot and
killed Jorge Eliecer de los Rios Cardenas, a teacher and member of the
Risaralda Educators Union. The victim was also an environmentalist and
member of a local environmental NGO. Before his death he had publicly
criticized a local mining project by a multinational company in the
municipality of Quinchia. Two suspects in the case were brought to
trial on October 24 and acquitted. An appeal was pending at year's end.
Labor groups recognized that important advances were made by the
labor subunit of the Prosecutor General's Office but said more needed
to be done to end impunity for perpetrators of violence against trade
unionists. They also claimed prosecutors charged with carrying out
investigations into historic impunity cases failed to look for patterns
among groups of homicide cases, such as evidence of antiunion biases as
a motive for violence.
Workers, including some public employees, exercised the right to
strike in practice. Unions cited multiple instances in which companies
fired employees who formed or sought to form new unions. Employers
continued to use temporary contracts, service agencies, and CTAs to
limit worker rights and protections and lower costs. Many employers
used CTAs to engage in illegal subcontracting, and in some cases
private sector employers forced workers to join CTAs they themselves
managed. In practice nominal fines assessed by the government did
little to dissuade violators, although strengthened laws and penalties
established during the year regarding CTAs and other forms of illegal
labor intermediation influenced several companies to contract CTA
workers directly. Despite these new laws, unions continued to voice
reservations about the strength of the law and decree regarding CTAs as
well as the government's ability to regulate adequately due to labor
inspector shortages.
Employers continued to use collective pacts with workers, sometimes
to weaken or replace the benefits of a collective bargaining agreement.
For instance, labor groups noted that when a union presented a
collective bargaining proposal, employers offered some workers better
conditions and pay in exchange for their leaving the union and joining
the pact. This undermined organized labor's ability to bargain
collectively. The ILO expressed concern about acts of antiunion
discrimination at the enterprise level and in the public sector.
Labor confederations and NGOs reported that some business owners in
several sectors turned CTAs into ``simplified corporations,'' union
contracts, or temporary service agencies in an attempt to circumvent
new legal restrictions on cooperatives. Some labor confederations
indentified the most problematic sectors as ports, textiles, and health
care. Some companies, including Carrefour, Exito, Fabricato, and some
sugar refineries, established formal employment relationships by
directly contracting workers who were previously employed through CTAs.
However, the majority of companies contracting their workers through
CTAs and temporary service agencies did not transform their labor
relationships into direct-hire contracts. The ENS and other labor
organizations expressed concern that new legislation banning the misuse
of some forms of third-party contracting would not be effectively
enforced due to a long-standing permissive culture in the labor
inspectorate. The labor organizations urged the government to emphasize
the details of new legislation in training for new inspectors under the
Labor Action Plan.
Approximately 75 percent of the workforce in ports was employed
under flexible nonunion contracts. Some sugar and ethanol refineries
also utilized CTAs as a means of subcontracting labor to third parties,
and some sugarcane cutters, predominantly Afro-Colombian and indigenous
men, were required to belong to a CTA to gain employment. However, this
phenomenon was changing at year's end, as a number of large sugar
refineries offered direct contracts to cane cutters in CTAs. Due to
legal ambiguities and lack of enforcement, some indirectly contracted
workers formed unions. For instance, sugarcane cutters formed unions to
enhance collaboration. Although the law does not clearly define if this
is legally permissible, the unions were respected throughout the
sugarcane sector.
CTAs and other subcontracting institutions were also common in the
palm oil sector. After collective bargaining broke down over salary
negotiations at one palm oil plantation in the region of Puerto
Wilches, direct and subcontracted workers at five other plantations
joined the strike to demand direct employment relationships for palm
workers they believed to be performing core and permanent labor
functions and thus illegally subcontracted . The sector-wide strike
ended when local and national government officials, palm oil company
executives, CTA owners, and union members reached an agreement to begin
labor inspections to identify the misuse of CTAs and other
subcontracting institutions. By year's end the Ministry of Labor was
reviewing the results of labor inspections conducted in response to the
strike.
Workers participated in multiple strikes in the oil region of
Puerto Gaitan, Meta. Community members joined the protests, demanding
better infrastructure and benefits. Many of the demonstrations were led
by a sector-wide energy workers' union, the Petroleum Industry Workers'
Union, which claimed significant increases in membership by
subcontracted workers during the year. Another union, which primarily
represented directly contracted workers, negotiated a separate accord
with one major oil multinational, sparking conflict between the unions.
On several occasions protests led to violence, and some unions and NGOs
alleged that the government sometimes used excessive force to end the
protests. Allegations by industry representatives, members of the labor
community, and government representatives on the sources and nature of
the violence did not coincide. The government established a series of
roundtables to discuss social and labor issues in Puerto Gaitan, and
Ministry of Labor officials conducted inspections of CTAs in the
region. Union groups and NGOs expressed doubts about the government's
commitment to resolving the conflict.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, but there were some reports
that such practices occurred.
Organized criminal gangs and FARC and ELN guerrillas practiced
forced conscription, sometimes killing deserters or threatening them
and their families. There were some reports that FARC and ELN
guerrillas and organized criminal gangs used forced labor, including
forced child labor, in coca cultivation in areas outside government
control (see section 1.g.). An international organization estimated
that 10,000 children participated in illegal armed groups. Forced
labor, including organized begging, also remained a serious problem.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 15, and 18 for hazardous
work. Children ages 15 and 16 may work no more than 30 hours per week,
and children age 17 may work no more than 40 hours per week. Children
under the age of 15 may work in arts, sports, or recreational or
cultural activities for a maximum of 14 hours per week. In all of these
cases, working children and adolescents must have signed documentation
filed by their parents and approved by a labor inspector or other local
authority. Hazardous work includes an extensive list of activities
within 11 occupational categories and subcategories identified as the
``worst forms of child labor,'' including agriculture, hunting and
forestry, fishing, mining and quarrying, manufacturing, construction,
transport and storage, health services, and defense. The government,
however, approved some agricultural apprenticeship programs for
children from 14 to 17 through the National Service Learning Agency.
For 14-year-old children, this program is education-only, and children
are not permitted to work. Child workers are prohibited from working at
night or where there is a risk of bodily harm or exposure to excessive
heat, cold, or noise.
The law authorizes inspectors to issue fines of up to 100 times the
minimum monthly wage for labor law violations, including child labor
violations. A violation deemed to endanger a child's life or threaten
moral values may be punished by temporary or permanent closure of the
establishment. Nationwide labor inspectors are responsible for
enforcing child labor laws. The government provided guidelines to labor
inspectors to help ensure children younger than age 15 do not work and
adolescents ages 15 to 17 who have work permits are not engaged in
dangerous work. In the formal sector (which covered approximately 20
percent of the child labor force), they did so through periodic
inspections. However, resources and training remained inadequate for
effective enforcement.
Government agencies carried out several activities to eradicate and
prevent exploitative child labor. With ILO assistance the government
worked to improve cooperation among national, regional, and municipal
governments through its national plan to eradicate child labor and
protect working youth. It also launched a new monitoring system to
register working children. The government also sought to reduce demand
for child labor through public awareness and training efforts, often
working with international and civil society organizations. For
instance, through February the government participated in a project
with NGO partners that supported the implementation of the national
strategy to eradicate the worst forms of child labor and provided
educational services to more than 10,000 children engaged in mining,
street vending, commercial sexual exploitation, construction, and
agriculture.
A ``virtual'' training program for labor inspectors in various
departments continued to provide inspectors and other officials with
details on how to approach situations involving the worst forms of
child labor. The program also included a course manual developed and
published by the ILO and made available online. The ILO reported that
400 public officials received the training during the year.
As part of its National Strategy for Social Prosperity, the
government committed to strengthening poverty reduction through a
national social protection program, the United Network. One of the
strategy's goals is to prevent children under 15 from working. Within
the framework of United Network programming, the ICBF established a
partnership with the IOM to combat child labor in five municipalities
with high rates of child labor. During the year 648 children and their
families benefitted from specialized counseling and assistance designed
to prevent child labor
The CNP also carried out awareness efforts to reduce child labor.
Through its flagship ``Open your Eyes'' program, the CNP taught
children and their parents about potential dangers and illegal
activities for youth, including child labor. The program incorporated
training for parents and children as well as activities on an
interactive bus for children.
Child labor remained a problem in the informal and illicit sectors.
According to a National Administrative Department of Statistics (DANE)
study conducted in 2009 and published in 2011, of the 11.4 million
children between the ages of five and 17, approximately one million
worked. NGOs reported that 37.6 percent of children who worked did not
receive payment. According to the DANE study, most child laborers were
engaged in agriculture, commerce, retail, and manufacturing.
Significant incidences of child labor occurred in the production of
clay bricks, coal, emeralds, gold, coca, and pornography. Through
August the ICBF reported 1,102 complaints of labor exploitation and 551
child victims of commercial sexual exploitation.
In practice prohibitions against children working in mining and
construction were largely ignored. Some educational institutions modify
schedules during harvest seasons so that children may help on the
family farm. Children worked in artisanal mining of coal, clay,
emeralds, and gold under dangerous conditions and in many instances
with the approval or insistence of their parents. The ICBF identified
and assisted approximately 1,900 children working in illegal mining
operations during the year. Most children were found working in the
departments of Bolivar, Cesar, Narino, and Boyaca. Estimates of the
total number of children who worked in illegal mining operations varied
from 10,000 to 200,000.
There were instances of forced child labor in mines, quarries, and
private homes. According to government officials and international
organizations, children also worked, sometimes forcibly, in the illegal
drug trade and other illicit activities. Several thousand children were
forced to serve as combatants, prostitutes, or coca pickers for the
FARC, ELN, and organized criminal gangs, which included some former
members of paramilitary groups (see section 1.g.).
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The monthly minimum wage was
approximately 535,600 pesos ($277), a 4 percent increase from 2010. In
a study on poverty released in 2010, DANE estimated the poverty income
level at 281,384 pesos ($146) monthly. In December, for the first time
since 2006, the tripartite commission of employers, workers, and
government representatives charged with negotiating the minimum wage
came to an agreement on the 2012 wage, which was to increase by 5.8
percent to 566,700 pesos ($293).
The labor code provides for a regular workweek of 48 hours and a
minimum rest period of eight hours within the week. The law provides
for paid annual civil and religious holidays for all workers. Employees
who work at least one full year are entitled to at least 15 days of
paid vacation. The code stipulates that workers are entitled to receive
premium compensation for additional hours worked over the regular
workweek of 48 hours and for work performed on Sundays. Compulsory
overtime is permitted only in exceptional cases where the work is
considered essential for the company's functioning.
The government remained unable to enforce the minimum wage in the
informal sector, which, according to the Office of the Inspector
General, constituted approximately 60 percent of the workforce. The
Ministry of Social Protection enforced labor law, including
occupational safety and health regulations, in the formal sector
through periodic inspections by labor inspectors. There were 524 labor
inspector positions including the additional 100 labor inspectors hired
under the Labor Action Plan. At year's end the government employed more
than 470 labor inspectors; some positions were empty as a result of
attrition and because of the difficulty of identifying candidates to
work in certain regions.
The law provides protection for workers' occupational safety and
health in the formal sector. Informal sector workers, including many
mining and agricultural workers, were not protected by these laws. The
law provides workers with the right to leave a hazardous work situation
without jeopardizing continued employment. A scarcity of government
inspectors, poor public safety awareness, and inadequate attention by
unions resulted in a high level of industrial accidents and unhealthy
working conditions in the formal and informal sectors. A labor NGO
reported an increase in health and safety problems in illegal mining.
Nonunion workers, particularly those in the agricultural and port
sectors, reportedly worked under hazardous conditions because they
feared losing their jobs in third-party contracting mechanisms or
informal arrangements if they criticized abuses.
Security forces and other officials closed more than 325 illegal
mines and detained more than 1,200 persons as part of a comprehensive
interagency initiative to combat illegal mining. Security forces
reported that illegal armed groups including the FARC, ELN, and
organized criminal groups engaged in illegal mining of gold, coal,
coltan, nickel, copper, and other minerals in at least 17 of the
country's 32 departments. Illegal mines were especially common in
Antioquia, Cordoba, Choco, and Tolima. According to government studies,
the FARC could be receiving approximately 1.6 billion pesos ($828
million) per year from these activities.
According to Ingeominas, the government geological and mining
oversight institute, there were 127 deaths due to mining accidents
during the year, compared with 173 in 2010. Reports to the government
of mining accidents increased 16 percent, but Ingeominas attributed the
rise to increased reporting due to improvements in awareness of mine
safety issues.
__________
COSTA RICA
executive summary
Costa Rica is a constitutional, multiparty republic governed by a
president and a unicameral legislative assembly that are directly
elected in multiparty elections every four years. In 2010 voters chose
Laura Chinchilla Miranda of the National Liberation Party (PLN), the
country's first female president in elections that were generally
considered free and fair. Security forces reported to civilian
authorities.
Principal human rights abuses reported during the year included
poor prison conditions, including overcrowding and cases of prisoner
abuse, delays in the judicial process, and commercial sexual
exploitation of minors.
Other human rights problems reported were domestic violence against
women and children, trafficking in persons, discrimination based on
sexual orientation, and child labor.
The government took steps to prosecute officials who committed
human rights abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There was one report
that the government or its agents committed arbitrary or unlawful
killings. On May 22, prison authorities found an inmate dead in his
maximum-security prison cell only days after an attempted prison
escape. The autopsy report showed that internal injuries from beatings
were the cause of death. On June 15, the Ministry of Justice suspended
10 prison guards on the grounds of possible links to the death. On
August 17, judicial authorities detained 10 prison guards for allegedly
being involved in the beatings and killing. On August 19, a judge
decided to hold five of the guards in pretrial detention for three
months and ordered another guard to comply with other restrictive
measures. On November 17, a criminal court extended their detention
until February 2012, while the judicial investigation continued.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits such practices and the
government generally respected this prohibition, there were reports
that some government officials employed them. The government
investigated, prosecuted, and punished agents responsible for confirmed
cases of abuse. Two days before an inmate died in a maximum-security
prison (see section 1.a.), he filed a complaint with the Constitutional
Chamber of the Supreme Court asking for protection against abuse. On
May 20, the prisoner reported that guards beat him and other inmates
after an attempted jailbreak on May 11. The court resolution was
pending at the time of the prisoner's death on May 22. Prisoners
involved in the failed escape attempt said that they were subjected to
physical and psychological abuse at the hands of guards following the
incident. The death occurred while authorities were investigating the
alleged collaboration of prison guards with inmates who tried to
escape.
From January to June, the Ombudsman's Office recorded 80 complaints
of police abuse, arbitrary detention, torture, and other inhuman or
degrading treatment. At the end of June, 35 of these complaints
remained under investigation, and the others were either resolved or
dismissed.
Prison and Detention Center Conditions.--Overcrowding, poor
sanitation, difficulties obtaining medical care, and violence among
prisoners remained serious problems in some prison facilities. Some
prisons had inadequate space available for resting while other
prisoners had to sleep on deteriorated mattresses on the floor. Limited
access to health services was a major complaint from prisoners. Illegal
narcotics readily were available in the prisons, and drug abuse was
common. Security and administrative staffing was insufficient to care
for the increasing prison population.
Potable water was available in prison facilities. Both the National
Mechanism of Prevention of Torture and the Ombudsman's Office reported
that between August and September prison authorities installed water
purifiers at La Reforma Prison.
Prison overcrowding continued to increase. The prison population
exceeded designed capacity by 27 percent, compared with 22 percent in
2010. On June 30, the Justice Ministry's Social Adaptation Division
reported a total population of 23,046 under its supervision, including
11,534 prisoners in closed-regime centers, 1,122 persons required to
spend nights and weekends in jail, 9,835 in supervised work programs
requiring no jail time, and 555 juveniles. The Social Adaptation
Division also reported that there were 765 women prisoners at year's
end. Prisoners generally were separated by age, gender, and level of
security (minimum, medium, and maximum). The Ombudsman's Office
confirmed that prison conditions were the same for women and men.
The San Sebastian, San Carlos, Cartago, Liberia, Perez Zeledon,
Puntarenas, La Reforma, Gerardo Rodriguez, San Rafael, and Buen Pastor
prisons remained overcrowded as of June 30, with the population in
pretrial detention experiencing the most overcrowding. In San
Sebastian, where most prisoners in pretrial detention were held, 998
prisoners lived in unsanitary conditions in a facility with a designed
or planned capacity of 632. To mitigate these conditions, authorities
sent some pretrial detainees to long-term detention facilities
throughout the country and held them with convicted prisoners.
Prisoners had reasonable access to visitors and could practice
their religions. Authorities permitted prisoners and detainees to
submit complaints to authorities without censorship and request
investigation of credible allegations of inhumane conditions. In the
event such complaints were not processed, prisoners could submit them
to the Ombudsman's Office. The Ombudsman's Office investigated all
complaints and referred serious cases of abuse to the public
prosecutor. The Ombudsman's Office, through the National Prevention
Mechanism against Torture, periodically inspected all detention
centers.
The government permitted independent monitoring of prison
conditions by international and local human rights observers, including
representatives from the Ombudsman's Office. Human rights observers
could speak to prisoners and prison employees in confidence and without
the presence of prison staff or other third parties.
The Ministry of Justice was constructing new units in the San
Carlos, Puntarenas, Liberia, and Perez Zeledon prisons to increase
capacity by 1,014 inmates and was implementing the Penitentiary
Information System (SIAP), a tracking database with up-to-date records
of prisoners. In 2010 the ministry made improvements to the supervised
release program by establishing guidelines for sentencing of
misdemeanors.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The country has no
military. Civilian authorities maintained effective control over the 13
agencies that have law enforcement components, including the judicial
branch's Judicial Investigative Organization. The Ministry of Public
Security is responsible for the uniformed police force, drug control
police, air wing, and coast guard. The Ministry of Public Works and
Transportation supervised the traffic police, and the Ministry of
Justice managed the penitentiary police. The government has mechanisms
to investigate and punish abuse and corruption. There were no reports
of impunity involving the security forces.
Arrest Procedures and Treatment While in Detention.--The law
requires issuance of judicial warrants before making arrests, except
where probable cause is evident to the arresting officer. The law
entitles a detainee to a judicial determination of the legality of
detention during arraignment before a judge within 24 hours of arrest.
The law provides for the right to post bail and prompt access to an
attorney and family members. Authorities generally observed these
rights in practice. Indigent persons have access to a public attorney
at government expense. Those with sufficient personal funds also are
able to use the services of a public defender. With judicial
authorization authorities may hold suspects incommunicado for 48 hours
after arrest or, under special circumstances, for up to 10 days.
Special circumstances include cases in which pretrial detention was
previously ordered and there is reason to believe that suspects may
reach an agreement with accomplices or may obstruct the investigation
in some way. Suspects are allowed access to attorneys immediately
before submitting declarations. Authorities promptly inform the
suspects of any offenses under investigation.
Pretrial Detention.--A criminal court may hold suspects in pretrial
detention for up to one year, and the Court of Appeals may extend this
period to two years in especially complex cases. Every three months the
law requires court review of cases of suspects in pretrial detention to
determine the appropriateness of continued detention. By law, if a
judge declares a case is related to organized crime, special procedural
rules apply that establish the maximum period of pretrial detention may
not exceed 24 months (although the Court of Appeals may grant one
extension not to exceed an additional 12 months); the statute of
limitations is 10 years from the date of the last crime. The
Ombudsman's Office reported that authorities used pretrial detention
often and not as an exceptional measure. According to the Ministry of
Justice, as of June 30, there were 2,945 persons in pretrial detention,
constituting approximately 13 percent of the prison population. In some
cases delays were attributed to pending criminal investigations; in
other cases the delays were due to court backlogs. According to the
Statistics Office of the judicial branch, from April 1 to June 30 there
were 1,221 prisoners pretrial detainees--56 percent had been imprisoned
for three months or less, 36 percent from three to six months, and 8
percent from nine months to two years. As of June 30, there were 529
convicted prisoners in detention awaiting sentencing. In these cases
delays were most frequently attributed to a pending appeal process or a
verdict subject to and awaiting confirmation.
Amnesty.--On August 17, the president pardoned one female inmate.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice. The legal system faced many challenges,
including significant delays in the adjudication of civil disputes and
a growing workload. In 2010 approximately 235,000 criminal complaints
were filed with the judicial branch, of which 4 percent (9,835 cases)
went to trial with a conviction rate of 61 percent. Many cases filed
did not have sufficient evidence to go to trial.
Additionally, there were allegations that judges' decisions were
influenced by intimidation or that they accepted payment for decisions
that favored the accused. The Supreme Court investigated and found no
cases of corruption but some procedural errors. The judicial inspection
tribunal investigated a judge who placed foreigners awaiting trial on
charges of drug trafficking under house arrest instead of holding them
at the maximum-security prison. In July the inspection tribunal found a
serious error in the judge's decision and referred the case to the
Supreme Court to determine possible sanctions. On November 14, the
Supreme Court decided to suspend the judge from the practice of law for
one month.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right.
All trials, except those that include juvenile defendants, are
public. There are no jury trials. A trial is presided over by a single
judge or by a three-judge panel, depending on the potential penalties
arising from the charges. Trials that involve victims or witnesses who
are minors are closed during the portion of the trial when the minor is
called to testify. Defendants have the right to be present during the
trial and consult with an attorney in a timely manner. Victims can
request special arrangements in the courtroom to avoid unwanted contact
with defendants. Accused persons can select attorneys to represent
them, and the law provides for access to counsel at state expense for
indigent persons. The law provides detainees and attorneys access to
government-held evidence, and during the trial defendants can question
and present witnesses on their own behalf. Defendants enjoy a
presumption of innocence and, if convicted, have the right to appeal.
The law extends these rights to citizens and noncitizens alike. Fast
track courts, which prosecute cases when suspects are arrested on the
spot for alleged transgressions, provide the same protections and
rights as other courts.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--After a one-year extension
to lift the ban on invitro fertilization, in August the Inter-American
Commission on Human Rights determined that the country failed to comply
with its recommendations and referred a case involving the country to
the Inter-American Court of Human Rights for trial and possible
sanctions. In the report on the merits, the commission considered that
the ban was an ``arbitrary interference in the right to private and
family life and the right to found a family."
Civil Judicial Procedures and Remedies.--An independent and
impartial judiciary presides over lawsuits in civil matters, including
human rights violations. Administrative and judicial remedies for
alleged wrongs are available to the public.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice (see
section 1.e., Regional Human Rights Court Decisions).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice. An
independent press, an effective judiciary, and a functioning democratic
political system combined to ensure freedom of speech and the press.
Freedom of the Press.--Journalists and media company owners
continued to criticize legislation that imposes criminal penalties,
including lengthy jail sentences instead of fines, for common press
infractions and argued that such legislation promoted self-censorship.
Censorship or Content Restrictions.--On June 27, the advertising
control office ordered a Catholic radio station to suspend an
advertisement that used the voice of a child to warn about alleged
dangers of invitro fertilization.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
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.--See the Department of State's
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 in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
Protection of Refugees.--Access to Asylum.--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 2010 immigration law created a separate office within the
General Directorate of Immigration to deal specifically with refugee
problems. The law also created a commission, which is responsible for
the granting of refugee status, and an immigration review tribunal for
the appeals process. The commission began its work in 2010, but the
tribunal did not meet until May 16.
According to a local nongovernmental organization acting as an
implementing agency of the UNHCR, approximately 56 extraregional asylum
seekers arrived during the year. Between 15 and 20 decided to remain in
the country.
According to the UNHCR, as of September 30, there were 725 requests
for asylum including 54 requests from extraregional persons. From
January to September, 181 asylum seekers were recognized. Many asylum
seekers did not appear at the Immigration Directorate to continue their
status application process. The government and UNHCR reported that most
of these individuals simply used the asylum request process as a means
of obtaining documentation that enabled them to transit the country on
their journey toward the United States.
Temporary Protection.--Due to low recognition rates (approximately
25 percent), the UNHCR had to consider an increasing number of rejected
asylum seekers as ``persons of concern'' in need of international
protection. UNHCR officials estimated that there were approximately 400
to 500 persons of concern annually, whose cases it reviewed to
determine whether they needed international protection.
Stateless Persons.--There were occasional problems of statelessness
in the border areas with Panama and Nicaragua. Members of the Ngobe-
Bugle indigenous group from Panama came to work on Costa Rican
plantations, and sometimes their children were born on the plantations.
In these cases the children were not registered as Costa Rican citizens
at birth because the families did not think it necessary. However, when
the families returned to Panama, the children were not registered there
either. A similar problem occurred with Nicaraguan families who
migrated to work on coffee plantations. The government attempted to
advise the migrant population to register at birth all children born in
the country (see section 6). As of December 15, immigration authorities
reported no new cases of stateless persons during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
The independent Supreme Electoral Tribunal is responsible for the
integrity of the elections, and the authorities and citizens respected
election results.
Elections and Political Participation.--Recent Elections.--In
national elections held in February 2010, Laura Chinchilla Miranda of
the PLN won the presidency and became the country's first female
president in elections that generally were considered free and fair.
The Organization of American States team that monitored the election
praised the peaceful and democratic way in which the process unfolded.
Participation of Women and Minorities.--Women were represented with
a degree of visibility in government; indigenous people and people of
African descent, representing approximately 4 percent of the population
(2000 census), were not. The electoral code requires that a minimum of
50 percent of candidates for elective office be female and that women's
names be placed alternately with men on the ballots by party slate.
There were seven women among the 22 cabinet ministers. There were 22
women in the 57-seat Legislative Assembly, including the vice president
of the assembly and nine legislative committee chairwomen. The deputy
chief justice of the Supreme Court, president of the High Court of
Civil Appeals, and president of the Constitutional Chamber were women.
Indigenous persons did not play a significant role in politics or
government. There were no indigenous or black members in the
Legislative Assembly or the cabinet. A black person headed one
government agency.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws, although there were
reports of government corruption during the year.
On April 27, a criminal court sentenced former president Miguel
Angel Rodriguez to five years in prison as the instigator of aggravated
corruption and barred him from public office for 12 years. On August
10, a trial court sentenced a former chief executive officer of an
autonomous institution to 15 months in prison for using an official
helicopter for personal purposes and barred him from public office for
three years.
On November 15, the Supreme Court decided to open a judicial
investigation of a substitute justice who was the main suspect accused
of leaking information about a trial. The substitute justice renounced
his position after the press revealed the possible leak of information.
The Prosecutor's Office investigated credible reports of corruption
in at least 10 municipal governments. The Ministry of Public Security
suspended more than 1,000 uniformed police officers in 15 months (the
force has approximately 12,000 officers). Most of the suspensions
occurred while the officers were being investigated for misuse of
resources, abuse of authority, and domestic violence. Uniformed police
officers were arrested and given pretrial detention for involvement in
drug trafficking or other organized criminal activity in several high-
profile cases. Despite the measures taken to investigate and address
corruption, there was a widespread public perception that corruption
remained a problem in the uniformed police force.
Public officials are subject to financial disclosure laws that
require senior officials to submit sworn declarations of income,
assets, and liabilities. The public ethics prosecutor, comptroller
general, attorney general, and ombudsman are responsible for combating
government corruption.
The law provides for public access to government information, and
the government generally respected this right to access for citizens
and noncitizens, including foreign media. Government institutions
published reports that detailed the year's activities. The Ombudsman's
Office operated a Web page dedicated to enhancing transparency by
improving citizens' access to public information.
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, while investigating
and publishing their findings on human rights cases. Government
officials were cooperative and responsive to their views.
U.N. and Other International Bodies.--The government cooperated
with visits by representatives of the U.N. and other international
organizations in connection with the investigation of abuses and
monitoring of human rights problems. In April the U.N. special
rapporteur on the rights of indigenous peoples visited the country to
discuss the situation of indigenous peoples.
Government Human Rights Bodies.--The Ombudsman's Office reviews
government action or inaction that affects citizens' rights and
interests. The ombudsman is accountable to the Legislative Assembly,
which appoints him or her to a four-year term and funds office
operations. The ombudsman participates in the drafting and approval of
legislation, promotes good administration and transparency, and reports
annually to the Legislative Assembly with nonbinding recommendations.
The position carries strong moral and symbolic weight. A special
committee of the Legislative Assembly studies and reports on problems
relating to the violation of human rights, and it also reviews bills
relating to human rights and international humanitarian law.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the government generally
enforced these prohibitions effectively.
Women.--Rape and Domestic Violence.--The law criminalizes rape and
provides penalties from 10 to 18 years in prison for rape. The length
of the sentence depends on the victim's age and other factors, such as
the assailant's use of violence or position of influence over the
victim. The judiciary effectively enforced the rape law and provided
due process for both victim and defendant. However, rape was
underreported due to fear of retribution, further violence, and social
stigma. According to the National Institute for Women (INAMU), the rape
law applies to spousal rape, although in practice spousal rape cases
were much more difficult to prove. Collection of physical evidence in
all rape cases presented a challenge. There was only one location in
the country that had rape kits to collect physical evidence to be used
in prosecutions. The distance women needed to travel to utilize this
resource was prohibitive for some. According to the judicial branch's
Statistics Office, there were 1,744 reported rape cases in 2010;
ultimately, courts tried 329 cases of rape, 21 cases of attempted rape,
and 49 cases of aggravated rape in 2010, and convicted and sentenced
172, 12, and 31 defendants, respectively.
The government continued to identify domestic violence against
women and children as a serious and growing societal problem. The law
prohibits domestic violence and provides measures for the protection of
domestic violence victims. Criminal penalties range from 10 to 100 days
in prison for aggravated threats and up to 35 years in prison for
aggravated homicide, including a sentence of 20 to 35 years for persons
who kill their partners. If a domestic violence offender has no violent
criminal record and the sentence received is less than three years'
imprisonment, the law also provides for alternative sanctions, such as
weekend detentions and assistance, including referrals for social
services and rehabilitation.
INAMU assists women and their children who are victims of domestic
violence in its regional office located in San Jose and in three other
specialized centers and temporary shelters. INAMU provided protection
to 150 women between January and June but reported that, as of May 15,
nine women and girls had died from domestic violence. This represented
an increase from seven deaths reported from January to May 2010. INAMU
maintained a domestic abuse hotline connected to the 911 emergency
system and had provided counseling to 3,406 women as of June. In 2010,
according to the judicial branch's Statistics Office, authorities
opened 12,510 cases of domestic violence throughout the country. There
were 393 cases tried and 196 persons sentenced for crimes of violence
against women.
The public prosecutor, police, and ombudsman have offices dedicated
to domestic violence problems. During the year INAMU held 12 training
workshops for officials from institutions that are part of the National
System of Attention and Prevention of Violence against Women. INAMU,
together with the presidency, joined a U.N. media campaign to end
violence against women. In November INAMU launched a separate media
campaign to educate civil society about the equal rights of women.
Sexual Harassment.--The law prohibits sexual harassment in the
workplace and educational institutions, and the Ministry of Labor and
Social Security generally enforced this prohibition. The law imposes
penalties ranging from a letter of reprimand to dismissal, with more
serious incidents subject to criminal prosecution.
Reproductive Rights.--Individuals have the right to decide freely
and responsibly the number, spacing, and timing of children, have
information and access safe methods of contraception from public
hospitals and medical attention centers, and receive medical care
during pregnancy and childbirth. In 2010 approximately 91 percent of
women in rural areas received skilled medical attention; in general,
according to the U.N. Population Fund, 99 percent of births were
attended by skilled health personnel.
The public health-care system plays a major role in how women
access contraception, including sterilization. Women's lack of access
to invitro fertilization remained a contested subject (see section
1.e.). In public as well as private health care, the right to obtain
and use contraceptives extends to all members of the population.
Patients who pay into the public health-care system receive
contraceptives at no additional fee, and 72 percent of women ages 15 to
49 used a modern method of contraception.
Discrimination.--Women enjoyed the same legal status and rights as
men under the law. The law prohibits discrimination against women and
obligates the government to promote political, economic, social, and
cultural equality. The government maintained offices for gender
problems in most ministries and parastatal organizations. The Labor
Ministry is responsible for investigating allegations of gender
discrimination. INAMU implemented programs that promoted gender
equality and publicized the rights of women. In 2010 the National
Institute of Statistics and Census (INEC) reported that women
represented 43.5 percent of the labor force. The law requires that
women and men receive equal pay for equal work; in 2010 INEC estimated
that earnings for women were 91.3 percent of earned income for men.
Children.--Birth Registration.--Citizenship is obtained from birth
within the country's territory or from either of one's parents. There
were occasional problems encountered in the registration at birth of
children born of migrant parents (see section 2.d.).
Child Abuse.--Abuse of children was a growing problem. In 2010 the
judicial branch's Statistics Office reported 607 cases of sexual abuse
of minors and four cases of attempted abuse, with 322 and two
perpetrators convicted, respectively. In addition, there were 23 cases
involving sex with minors, 12 cases of sex with minors with payment
involved, and six cases of sexual corruption of minors. From January to
November, the autonomous National Institute for Children (PANI)
assisted 30,640 children and adolescents, including 2,922 cases of
physical abuse, 595 cases of intrafamilial sexual abuse, and 406 cases
of extrafamilial sexual abuse. Traditional attitudes and the
inclination to treat sexual and psychological abuse as misdemeanors
occasionally hampered legal proceedings against those who committed
crimes against children. In May the National Children's Hospital
launched a campaign to draw attention to the increasing number of child
abuse cases reported in the country.
Sexual Exploitation of Children.--The minimum age of consensual sex
is 18 years. The law criminalizes the commercial sexual exploitation of
children and provides sentences of up to 18 years in prison. The law
provides for sentences of two to 10 years in prison for statutory rape
and three to eight years in prison for child pornography. Sentences are
lengthier in aggravated circumstances; for example, rape involving
physical violence or a victim under age 13 is punishable by 10 to 16
years' imprisonment. The government, security officials, and child
advocacy organizations acknowledged that commercial sexual exploitation
of children remained a serious problem. From January to November, PANI
reported 67 cases of commercial sexual exploitation of minors. The
government also identified child sex tourism as a serious problem.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.
Anti-Semitism.--The Jewish Zionist Center estimated there were
3,000 Jews in the country. There was a report of anti-Semitic graffiti
at a bridge intersection on the main highway between San Jose and
Puntarenas.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, health-care access,
or other state services. There were no reports of discriminatory
practices in education or in the provision of other state services. The
Ombudsman's Office reported that despite institutional efforts to
improve the situation, there were isolated instances where a lack of
interagency coordination prevented the implementation of comprehensive
strategies to protect the fundamental rights of persons with
disabilities. The Ombudsman's Office reported problems in access to
employment for persons with disabilities.
Although the law mandates access to buildings for persons with
disabilities, the government did not enforce this provision in
practice, and many buildings remained inaccessible to persons with
disabilities. During 2010 the Ombudsman's Office received reports of
lack of access to public transportation, including noncompliance with
accessibility requirements or malfunctioning of hydraulic wheelchair
lifts for public transportation vehicles.
A political party, Accessibility without Exclusion, represented the
interests of persons with disabilities and held four seats in the
Legislative Assembly.
National/Racial/Ethnic Minorities.The greatest concentration of
citizens of African descent (74 percent per the 2000 census) was in the
Atlantic province of Limon, one of the least developed areas of the
country. In 2010 INEC reported that 24 percent of inhabitants in the
Atlantic region lived in poverty. The Limon region had one of the
highest rates of unemployment (8 percent in 2010) and crime (23 percent
of the country's homicides from January to May). In February the
Security Ministry declared the province of Limon a priority in its
efforts to combat drug trafficking and organized crime. The government
tried to implement the Port-City of Limon Project, a development
program financed by the World Bank and the government; however, there
were numerous public complaints that the project had not produced
results. During the year authorities launched initial procurement
processes; five of 12 institutions involved in the project began the
process of contracting services and implementing public works. The
scheduled date of completion was June 2014.
There were sporadic reports of discrimination, including labor
discrimination, usually directed against Nicaraguans. The Immigration
Office launched an awareness campaign highlighting the positive
contributions of migrants living in the country.
Indigenous People.--During 2010 the Ombudsman's Office received
complaints related to deficient road infrastructure and lack of bridges
in reserve lands, lack of access to public services and public
transportation, problems with use and possession of land, and
difficulties imparting indigenous education. The Ombudsman's Office
reported that the government excluded indigenous persons from decision-
making processes regarding education, infrastructure, housing, and
public services. The indigenous communities of Terraba, Curre, and
Boruca were concerned about the sociocultural and environmental impact
in their reserves of the development of the Diquis hydroelectric dam
project. The Ombudsman's Office continued monitoring the project and
its impact on the indigenous community.
Government institutions--including the Ministries of Foreign
Affairs, Labor, and Education; Social Security Agency; Immigration
Office; and Civil Registry--coordinated actions during the year to
assist the Ngobe-Bugle population migrating to rural areas to work in
plantations during the coffee harvest season. The government continued
efforts to implement objectives emanating from meetings with Panamanian
counterparts, working on issues such as access to health care and
education, mutual recognition of individual identification documents,
and raising awareness about employment and labor law.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were cases of
discrimination against persons based on sexual orientation, ranging
from employment to access to health care. For example, in June an LGBT
activist announced that he suffered discrimination based on his sexual
orientation at his new job at a public institution. In July the
Constitutional Chamber ruled against the owner of a bingo hall for
discriminating against a gay couple based on the requirement that
employees not engage in discriminatory behavior. The owner was ordered
to pay damages to the claimants.
Other Societal Violence or Discrimination.--The law and a
presidential decree prohibit discrimination based on HIV/AIDS in health
care, employment, and education. Nevertheless, some HIV-positive
individuals reported that they were denied private health insurance
coverage based on their HIV status. From January to June, the
Ombudsman's Office reported receiving four complaints of discrimination
against patients with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions of their choice without
prior authorization, allows worker organizations to conduct their
activities without government interference, provides for the right to
strike, and protects the right of workers to organize and bargain
collectively. However, restrictions on the minimum number of employees
(12) needed to form a union may have hampered freedom of association in
small enterprises. The law permits foreign workers to join unions but
prohibits them from holding positions of authority within the unions.
During the year the Constitutional Court overturned an article of the
labor code stipulating that at least 60 percent of the workers in an
enterprise had to support a strike. The court did not set a minimum
number of employees necessary for a strike to be legal, and it noted
that the Legislative Assembly should establish a percentage not to
exceed 50 percent. The law restricts the right to strike of workers in
services designated as essential by the government, but it also
includes sectors such as oil refineries and ports not considered
essential under international standards. The law prohibits antiunion
discrimination and provides for reinstatement of workers fired for
union activity.
The law requires employers to initiate the bargaining process with
a trade union if more than one-third of the total workforce, including
union and nonunion members, requests collective bargaining, but the law
also permits direct bargaining agreements with nonunionized workers in
both unionized and nonunionized businesses. The law also permits the
formation of ``solidarity associations,'' which were often organized by
employers. The law prohibits such associations from representing
workers in collective bargaining negotiations or any other way that
assumes the functions or inhibits the formation of trade unions. On
July 22, an amendment to the constitution granting solidarity
associations legal status under the constitution went into effect.
Although the amendment did not change the role or requirements for
solidarity associations, it strengthened their legal standing, as
constitutional changes require votes by two successive legislatures to
approve.
Although public sector employees are permitted to bargain
collectively, a 2006 Supreme Court decision held that some fringe
benefits received by certain public employees were disproportionate and
unreasonable. The court repealed sections of collective bargaining
agreements between public sector unions and government agencies, thus
restricting this right in practice. However, according to the Labor
Ministry, there were substantive changes regarding the right of public
sector employees to bargain collectively. In 2010 resolutions of the
Second Chamber of the Supreme Court (Labor Appeals) emphasized the
validity and the importance of collective bargaining in the public
sector. In January the Office of the Solicitor General ratified the
right of public workers to negotiate collective bargaining agreements.
The government generally enforced these laws in practice. The
Ministry of Labor received reports of alleged unfair labor practices
and harassment of union activists in private companies and public
institutions, and it referred cases to the labor courts. In May the
ministry issued the protocol of good labor practices in labor
inspection that includes a procedure for reinstatement of workers fired
for union activity. Cases of antiunion discrimination often took an
extremely long time to obtain a final ruling from the court due to
numerous appeals. The International Trade Union Confederation noted
that the reinstatement process for workers that were unfairly dismissed
averaged three years. There was some progress in increasing the overall
efficiency of judicial proceedings, but it was unclear what direct
impact this had on labor cases.
Workers exercised the right to form and join unions and to strike
without government interference. Unions noted that the government's
broad definition of essential services denied many workers the right to
strike.
In the private sector, ``direct bargaining arrangements'' between
employers and nonunionized workers occurred more commonly than
collective bargaining. In May the International Labor Organization
(ILO) raised concerns that the number of direct bargaining arrangements
between employers and employees had increased substantially in the past
decade, while there had been only a slight increase of collective
bargaining agreements. The ILO reiterated its concerns that such
agreements disadvantaged workers because they did not result from
balanced negotiations of two independent, adequately equipped parties.
Labor unions asserted that in practice, solidarity associations
conducted negotiations and employers sometimes required membership in a
solidarity association as a condition for employment. Trade union
leaders contended that the existence of worker solidarity associations
in many enterprises displaced unions and discouraged collective
bargaining. According to the ILO, such associations, to the extent that
they displaced trade unions, in effect discouraged collective
bargaining, affected the independence of workers' organizations from
employers' influence, and infringed on the right to organize and
bargain collectively.
There continued to be a pattern of employers firing employees who
wanted to unionize. There were reports that some employers preferred to
use ``flexible,'' or short-term, contracts, making it difficult for
workers to organize and collectively bargain. There also were reports
that migrant workers in agriculture frequently were hired on short-term
contracts through intermediaries. These workers faced antiunion
discrimination and challenges in organizing, and they often were more
vulnerable to labor exploitation.
The ILO noted that there were no trade unions operating in the
country's Export Processing Zones (EPZs) and identified the zones as a
hostile environment for organizing. Labor unions asserted that efforts
of workers in EPZs to organize were met with illegal employment
termination, threats, and intimidation and that EPZ employers
maintained blacklists of workers identified as activists.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor and distinguishes between
forced labor, which involves slave-like conditions, and labor
exploitation, which describes unacceptable but less egregious working
conditions. The government failed to enforce the law effectively, and
there were reports that such practices occurred. There were isolated
reports of men, women, and children subjected to labor exploitation in
domestic service and street vending as well as in other sectors.
The judicial investigative police identified six alleged victims of
labor exploitation in four cases during the year, but they dismissed
three of the cases for lack of evidence. There was only one case under
investigation as of December. The government provided training to labor
inspectors, local government officers, and social health workers. The
government also organized media awareness campaigns on trafficking for
civil society; international and nongovernmental organizations
sponsored these efforts.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
child and adolescence code prohibits labor of all children under age 15
without any exceptions; it supersedes the minimum working age of 12
established in the labor code, which had not been amended to reflect
this change. Adolescents between the ages of 15 and 18 may work a
maximum of six hours daily and 36 hours weekly. The law prohibits night
work and overtime for minors. The law prohibits those under age 18 from
engaging in hazardous or unhealthy activities.
The government generally enforced laws against child labor
effectively in the formal sector. During 2010 the Labor Ministry's
Inspections Office detected 94 cases of child labor. In the same year,
the Labor Ministry identified eight minors below the age of 15 engaged
in hazardous work. The Office for the Eradication of Child Labor
(OATIA) assisted 247 working minors and referred them to government
institutions to be included in social programs. On March 25, the
government published the comprehensive list of hazardous occupations
adopted in 2010. The OATIA implemented a project with a local
government aimed at improving the life and working conditions of
adolescent workers and eradicating child labor. The OATIA, with
assistance from ILO's International Program on the Elimination of Child
Labor, continued implementation of a road map to eradicate child labor,
connected to the national strategic plan to achieve the goals
established by the ILO's Decent Work Agenda for the Hemisphere (2006-
15).
Child labor was a problem mainly in the informal economy,
especially in agricultural, construction, sales, and small food-product
manufacturing. The worst forms of child labor occurred in agriculture
on small third-party farms in the formal sector and on family farms in
the informal sector. The worst forms of child labor also occurred in
some service sectors, such as construction, fishing, street vending,
and domestic service.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--Monthly minimum wages for the
private sector ranged from 135,000 colones (approximately $270) for
household workers to 498,000 colones ($993) for university graduates.
According to a 2011 INEC survey, the poverty line was 92,122 colones
($184) in urban areas and 70,970 colones in rural areas ($141). The
constitution sets workday hours, overtime remuneration, days of rest,
and annual vacation rights. Workers generally may work a maximum of
eight hours a day or 48 hours weekly. Overtime work is paid at a rate
of 50 percent above the stipulated wages or salaries. All workers are
entitled to one day of rest after six consecutive days of work and
annual paid vacations. Although there is no statutory prohibition
against compulsory overtime, the labor code stipulates that the workday
may not exceed 12 hours.
The Labor Ministry's Inspection Directorate (DNI) was responsible
for labor inspection, in collaboration with the social security agency
and the Insurance Institute. Although resource constraints continued to
hinder DNI's ability to carry out its inspection mandate, there were
15,212 inspections conducted during the year. According to the Ministry
of Labor, inspections occurred in response to complaints, per advanced
scheduling, and at random in specific regions or activities. The
ministries generally addressed complaints effectively by sending
inspection teams to investigate and coordinate with each other on
follow-up actions. Inspectors cannot establish fines or sanctions for
employers who do not comply with labor laws; rather inspectors
investigate and refer noncompliance results to labor courts. The
process to fine companies and receive back wages or overtime pay may
take years.
The Labor Ministry generally enforced minimum wages effectively in
the San Jose area but was not effective in enforcing the minimum wage
law in rural areas, particularly where large numbers of migrants were
employed. The national minimum wage also applied for migrant workers.
The Labor Ministry publicly recognized that many workers, including in
the formal sector, received less than the minimum wage. The government
continued to implement the campaign for minimum wage compliance
launched in 2010. From August 2010 to July 2011, the Labor Ministry
conducted 9,135 visits to businesses to ensure employers' compliance
with minimum wage laws. Seventy-eight percent of businesses which
failed to comply with paying the minimum wage corrected the problem
after the inspection. The Labor Ministry continued pursuing
administrative steps against the employers that failed to make
corrections.
While the Labor and Health Ministries shared responsibility for
drafting and enforcing occupational health and safety standards, they
did not enforce these standards effectively in the formal or informal
sectors.
Unions also reported systematic violations of labor rights and
provisions concerning working conditions, overtime, and wages in the
EPZs. Labor unions reported that overtime pay violations, such as
nonpayment, and mandatory overtime were common in the private sector
and particularly in EPZ industries. There were reports that
agricultural workers, particularly migrant laborers in the pineapple
industry, worked in unsafe conditions, including exposure to chemicals
without proper training. The national insurance company reported 58,195
cases of workplace-related illnesses and injuries and 39 workplace
fatalities during the first six months of the year.
__________
CUBA
executive summary
Cuba is a totalitarian state led by Raul Castro, who is the chief
of state, president of the council of state and council of ministers,
and commander in chief of the armed forces. At the Sixth Communist
Party Congress held in April, delegates also elected Castro as party
first secretary. The constitution recognizes the Communist Party (CP)
as the only legal party and ``the superior leading force of society and
of the state.'' The 2008 legislative elections were neither free nor
fair. A CP candidacy commission preapproved all candidates, and all 614
members ran unopposed. Security forces reported to a national
leadership that included members of the military.
The principal human rights abuses were: abridgement of the right of
citizens to change their government; government threats, intimidation,
mobs, harassment, and detentions to prevent citizens from assembling
peacefully; and a significant increase in the number of short-term
detentions, which in December rose to the highest monthly number in 30
years.
The following additional human rights abuses continued: beatings,
harsh prison conditions, and selective prosecution and denial of fair
trial. Authorities interfered with privacy and engaged in pervasive
monitoring of private communications. The government also placed severe
limitations on freedom of speech and press, restricted freedom of
movement, and limited freedom of religion. The government refused to
recognize independent human rights groups or permit them to function
legally. In addition, the government continued to place severe
restrictions on worker rights, including the right to form independent
unions.
Most human rights abuses were official acts committed at the
direction of the government, and consequently the perpetrators enjoyed
impunity for their actions.
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 abusive treatment of detainees and
prisoners. However, there were verified reports that members of the
security forces harassed and sometimes physically assaulted human
rights and prodemocracy advocates, dissidents, other detainees, and
prisoners, and they did so with impunity. Some detainees and prisoners
endured physical abuse, sometimes by other inmates with the
acquiescence of guards, or long periods in isolation cells.
There were numerous reports of police assaults on detainees or of
police standing by, and even orchestrating, government-organized mobs
to assault peaceful demonstrators.
Reports of beatings of prisoners were commonplace and included
beatings by prison officials as well as among prisoners. There were
some reports of prisoner-on-prisoner sexual assaults, generally due to
lax security by prison guards, and at least one report of rape by
prison guards.
Prison and Detention Center Conditions.--Prison conditions
continued to be harsh. Prison cells lacked adequate water, sanitation,
space, light, ventilation, and temperature control. Although the state
provided basic feeding and medical care, many prisoners relied on
family parcels for food and other basic supplies. Potable water was
frequently unavailable. Prison cells were overcrowded, requiring
prisoners to sleep on the floor and limiting freedom of movement during
the day. Prisoners often slept on concrete bunks without a mattress,
with some reports of more than one person sharing a narrow bunk. Where
available, mattresses were thin and often infested with vermin. Inmates
reported the frequent presence of rats, cockroaches, fleas, lice,
bedbugs, stinging ants, flies, and mosquitoes. Prisoners reported that
they lacked access to basic and emergency medical care, including
dental care. Prisoners engaged in hunger strikes throughout the year to
demand medical treatment.
Prisoners, family members, and nongovernmental organizations (NGOs)
reported inadequate health care, which led to or aggravated multiple
maladies. Prisoners also reported outbreaks of dengue, tuberculosis,
and hepatitis. Prison health workers often reused syringes, despite the
existence of communicable diseases among inmates.
There were multiple reports of prison deaths from heart attacks,
asthma attacks, HIV/AIDS, and other chronic medical conditions, as well
as from suicide.
The government did not publish the number of prisoners or
detainees, nor did it provide information regarding the number or
location of detention centers, which included not only prisons but also
work camps and other kinds of detention facilities.
Estimates from unofficial sources of the prison and detention
center population size varied widely, from as low as 30,000 to as high
as 80,000. On December 23, President Castro announced that he would
commute the sentences of more than 2,900 convicts. The authorities
released these prisoners into their communities before year's end.
Men and women were held in separate prisons and police detention
facilities. Generally, women reported suffering the same poor prison
conditions as men, including lack of access to basic and emergency
medical care. Women also reported lack of access to feminine hygiene
products and adequate prenatal care. The government did not release
information on the treatment of minors at either youth or adult prisons
or detention centers. There were reports of inmates as young as 15 in
maximum-security prisons.
Political prisoners and the general prison population were kept in
similar conditions. By refusing to wear standard prison uniforms,
political prisoners frequently were denied certain privileges such as
access to prison libraries and standard reductions in the severity of
their sentence (for example, being transferred from a maximum-security
to a medium-security prison or work camp). The government sometimes
placed healthy prisoners in cells with mentally disturbed inmates.
Political prisoners also reported being threatened or harassed by
fellow inmates whom they thought were acting on orders of prison
authorities.
Prisoners reported that solitary confinement was a common
punishment for misconduct and that some had been held in isolation for
months or even years at a time. After his release in March, Jose Daniel
Ferrer reported that he was kept in solitary confinement for most of
his almost eight years in jail. In general prisoners in isolation had
restrictions on family visits.
Prisoners and pretrial detainees had access to visitors, although
some political prisoners' relatives reported that prison officials
arbitrarily canceled scheduled visits.
Prisoners were permitted limited religious observance. Both the
Catholic Church and the Cuban Council of Churches reported improved
access to prisoners during the year, with services offered in prisons
and detention centers in most if not all provinces. There were isolated
reports that prison authorities did not inform inmates of their right
to religious assistance, delayed months before responding to such
requests, and limited visits to a maximum of two or three times per
year.
By law prisoners and detainees may seek redress regarding prison
conditions and procedural violations, such as continued incarceration
after their prison sentence has expired. Prisoners reported that in
practice government officials often refused to allow or accept
complaints, or failed to respond to the complaints once submitted.
However, the family of a political prisoner reported that central
authorities resolved their complaints regarding prison living
conditions after local authorities failed to do so. In another case,
central government authorities instructed the local prison to stop
denying privileges to a political prisoner who refused to wear the
prison uniform. It was not clear whether the government investigated or
monitored allegations of inhumane conditions. If investigations
occurred, the results were not publicly accessible.
The government did not permit independent monitoring of prison
conditions by international or national human rights groups and did not
permit access to detainees by international humanitarian organizations.
Despite its 2009 offer to permit a visit by the U.N. special rapporteur
on torture and other cruel, inhuman, and degrading treatment or
punishment, the government failed to make good on its offer during the
year.
d. Arbitrary Arrest or Detention.--Under the criminal procedure
code, police have wide discretion to stop and question citizens and
request their identification, and to carry out arrests and searches.
The law provides that police officials provide suspects with a signed
``act of detention,'' noting the basis, date, and location of any
detention in a police facility, and a registry of personal items seized
during a police search. In practice police officials routinely failed
to comply with these requirements during detentions or searches.
Arbitrary stops and searches were most common in urban areas and at
government-controlled checkpoints located at the entrances to provinces
and municipalities.
Police and security officials frequently utilized short-term
detentions to prevent those it perceived as government opponents from
assembling freely. Detentions generally lasted from several hours to
several days. On October 19, police stopped Baptist pastor Mario Felix
Lleonart, an outspoken critic of police brutality in Santa Clara, and
detained him for 10 hours. Short-term detentions for the year increased
99 percent over short-term detentions in 2010, according to the Cuban
Commission on Human Rights and Reconciliation (CCDHRN). The CCDHRN
counted 4,123 short-term detentions during the year; in December a 30-
year high of 796 detentions was recorded.
Long-term imprisonment against peaceful opponents decreased but did
not cease entirely. In May brothers Marcos Maikel Lima Cruz and Antonio
Michel Lima Cruz were sentenced to three years and two years of
incarceration, respectively, for disorderly conduct and desecrating the
Cuban flag. Their incarceration came after a violent campaign of
harassment that included the use of mobs against the Lima residence as
punishment for the family's peaceful political opposition activities.
In addition, Cuban law allows up to a four year detention of people
before they commit an actual crime, with a subjective determination of
``potential dangerousness.'' Mostly used as a tool to control ``anti-
social'' behavior such as substance abuse, it has also been used to
silence peaceful political opponents. The exact numbers of people
serving sentences for ``dangerousness'' is unknown, but some estimate
that it exceeds 3,000 persons.
The government also restricted free assembly by preventing citizens
from leaving their homes, under threat of arrest. Generally,
plainclothes police officers would post themselves in the vicinity of
the house to ensure that the citizen could not leave until a public
event or demonstration was over. Authorities placed approximately 40
citizens under house detention October 15-16 to prevent them from
attending funeral services in honor of Damas de Blanco founder Laura
Pollan.
Role of the Police and Security Apparatus.--The Ministry of the
Interior (MININT) exercises control over the police, internal security
forces, and prison system. The ministry's National Revolutionary Police
(PNR) is the primary law enforcement organization and was moderately
effective in investigating common crimes. Specialized units of the
MININT's state security branch are responsible for monitoring,
infiltrating, and suppressing opposition political groups. The PNR
supports state security agents by carrying out house searches,
arresting persons of interest to the MININT, and providing
interrogation facilities.
Police routinely violated procedural laws with impunity and often
failed or refused to provide citizens with legally required
documentation, particularly during arbitrary detentions and searches.
Members of the security forces acted with impunity in committing
numerous, serious civil rights and human rights abuses.
On May 5, police beat activist Juan Wilfredo Soto Garcia while
handcuffed in a public square of Santa Clara. He was treated at a
hospital and released but died three days later. The government denied
that he had died from the beating but did not make public the results
of an investigation into his death.
Although the law on criminal procedure prohibits the use of
coercion during investigative interrogations, police and security
forces routinely relied on aggressive and physically abusive tactics,
threats, and harassment during questioning. Detainees reported that
officers threatened them with long-term detention, loss of child
custody rights, denial of permission to depart the country, and other
threats, for instance, suggesting that an elderly relative might suffer
an accident. In September state security officers detained opposition
members Yelena Garces and her husband Miguel Rafael Cabrera and told
them that if they continued to engage in dissident activity, the
government might take custody of their three-year-old child.
There were no mechanisms readily available to investigate
government abuses.
Undercover police and agents from the MININT were often present and
coordinated activities with mob leaders in acts to disrupt efforts at
peaceful assembly (see section 2.b.).
Many state-orchestrated ``acts of repudiation'' were directed
against the Damas de Blanco. On multiple occasions in July and August,
acts of repudiation were organized to prevent Damas de Blanco from
marching after Mass in the province of Santiago de Cuba. On October 21,
contrary to its claims that the acts of repudiation were spontaneous,
the government forewarned that it would deploy mobs to prevent the
Damas de Blanco from marching peacefully on October 24. Mobs and state
security agents assaulted Damas de Blanco leader Laura Pollan and
others when they tried to leave her house.
Arrest Procedures and Treatment While in Detention.--Under the
criminal procedure code, police have 24 hours after an arrest to
present a criminal complaint to a police official called an instructor.
The instructor then has 72 hours to investigate and prepare a report
for the prosecutor. The prosecutor then has an additional 72 hours to
recommend to the appropriate court whether to open a criminal
investigation. Detainees have no right to counsel during this period.
By law, after the 168-hour detention period, detainees must be
informed of the basis for the arrest and criminal investigation and
have access to legal representation. Detainees facing formal charges
must retain counsel within five days of being charged or the state can
appoint an attorney on their behalf. Those charged can be released on
bail, placed in home detention, or held in continued investigative
detention.
In practice, however, officials often disregarded many of these
procedures. Suspects often were detained longer than 168 hours without
being informed of the nature of the arrest or being afforded legal
counsel. In a survey of fellow prisoners conducted in 2009 and 2010, a
noted dissident reported that 64 percent of pretrial detainees where he
was being held had spent weeks and sometimes months without having seen
an attorney or being informed of the charges against them.
Once the accused has an attorney, the defense has five days to
respond to the prosecution's charges, after which a court date usually
is set. There were many reports that defendants with public defenders
met their attorneys for the first time only minutes before their
trials. Prosecutors can demand summary trials ``in extraordinary
circumstances'' and in cases involving crimes against state security.
Bail was available, although typically not granted in cases
involving those arrested for opposition activities. Time in detention
before trial counted toward time served if convicted.
Detainees can be interrogated at any time during detention and have
no right to request the presence of counsel. Detainees have the right
to remain silent, but officials do not have a legal obligation to
inform them specifically of that right.
By law investigators must complete criminal investigations within
60 days. Prosecutors may grant investigators two 60-day extensions upon
request, for a total of 180 days of investigative time. This deadline,
however, can be waived by the supervising court in ``extraordinary
circumstances'' and upon special request by the prosecutor. In that
instance no additional legal requirement exists to complete an
investigation and file criminal charges. This exception was invoked
often. Detainees were held for months or years in investigative
detention, in both political and nonpolitical cases. In nonpolitical
cases delays were often due to bureaucratic inefficiencies, a lack of
checks on police, and prosecutorial or judicial excesses.
e. Denial of Fair Public Trial.--While the constitution recognizes
the independence of the judiciary, the judiciary is directly
subordinate to the National Assembly, which can remove or appoint
judges at any time. In practice the judiciary was thoroughly dominated
by political considerations, and the CP and Council of State exerted
near-total influence over the courts and their rulings.
Civilian courts exist at the municipal, provincial, and Supreme
Court levels. Special tribunals are convened for political
(``counterrevolutionary'') opponents and other cases deemed sensitive
to ``state security'' and held behind closed doors. Military tribunals
may also have jurisdiction over civilians in cases where any of the
defendants were members of the military, police force, or other law
enforcement agency.
Trial Procedures.--Due process rights apply equally to all citizens
as well as foreigners, but courts often failed to protect or observe
these rights. The law presumes defendants to be innocent until proven
guilty, but authorities often ignored this in practice, placing the
burden on the defendant to prove innocence rather than on the
prosecution to prove guilt.
Defendants generally have the right to a public trial, but
politically motivated trials were often held in secret, citing
exceptions for crimes involving ``state security'' or ``extraordinary
circumstances.'' The law does not provide for jury trials. Almost all
cases concluded in less than one day.
The law provides the accused with the right to be present during
trial and requires that defendants be represented by an attorney at
trial, if necessary at public expense. Defendants' attorneys can cross-
examine state witnesses and present witnesses and evidence on the
defendants' behalf. The only attorneys licensed to practice in criminal
courts are attorneys who work for state collective law offices.
Criteria for admitting evidence was often arbitrary and
discriminatory. According to numerous reports, prosecutors routinely
introduced irrelevant or unreliable evidence to prove intent or
testimony about the revolutionary credentials of a defendant. At the
March trial of foreign development worker Alan Gross on charges of
``subverting Cuba's national sovereignty and/or territorial integrity''
by installing satellite Internet at Jewish community centers, the court
admitted as evidence an ``expert'' who testified about Gross's alleged
criminal intent from his handwriting.
Defense attorneys have the right to review the investigation files
of a defendant, but not if the charges involve ``crimes against the
security of the state.'' In these cases defense attorneys are not
allowed access until charges have been filed. In practice many
detainees reported that their attorneys had difficulties accessing
their files due to bureaucratic and administrative obstacles. Attorneys
of political detainees reported that they often had greater difficulty
gaining access to their clients' files.
The penal code includes the crime of ``potential dangerousness,''
defined as the ``special proclivity of a person to commit crimes,
demonstrated by his conduct in manifest contradiction of socialist
norms.'' At trial the state must only show that the defendant has
``proclivity'' for crime, so an actual criminal act need not have
occurred. Penalties can be up to four years in prison. The authorities
normally applied this law to prostitutes, alcoholics, young persons who
refused to report to work centers, and repeat offenders of laws
restricting change of domicile. The CCDHRN estimated that 3,000 to
6,000 citizens were held on charges of potential dangerousness.
The law recognizes the right of appeal in municipal courts but
limits it in provincial courts to cases involving lengthy prison terms
or the death penalty.
Political Prisoners and Detainees.--The government continued to
deny holding any political prisoners. It refused access to its jails to
international humanitarian organizations and the U.N. Although in 2010
the government invited U.N. special rapporteur for torture and other
cruel, inhuman, or degrading treatment or punishment to conduct a fact-
finding mission, no visit occurred. Special Rapporteur Manfred Nowak
stated that the visit did not take place because the government failed
to respond to his request to schedule the visit.
The government released dozens of political prisoners during the
year, most of whom were given the option of release only if they
accepted exile in Spain.
Peaceful political prisoners remained in jail, including four who
were arrested and sentenced during the year. The number of peaceful
political prisoners decreased significantly in the year, but accurate
numbers were difficult to determine. Lack of governmental transparency
and systemic violations of due process rights obfuscated the true
nature of criminal prosecutions and investigations, allowing government
authorities to prosecute and sentence human rights activists for common
crimes or dangerousness. The government uses the designation of ``CR,''
for counterrevolutionary, on inmates deemed to be opponents to the
regime, but it did not release those numbers. The government continued
to deny access to its jails to independent monitors who could help
determine the size of the political prisoner population.
Political prisoners reported being held in isolation for extended
periods of times, even years. Political prisoners were not given the
same protections as other prisoners or detainees. In particular they
were frequently denied early parole or transfers to lower-security
facilities that were commonly granted to other prisoners. Political
prisoners also generally were denied access to home visits, prison
classes, phone calls, and on occasion, family visits. Some political
prisoners refused to wear a prison uniform. Although prison authorities
generally punished such refusals, many prisoners reported that
eventually they were given permission to wear clothing of their own
choosing.
Many prisoners were able to communicate information about their
living conditions through telephone calls to human rights observers and
reports to family members.
Civil Judicial Procedures and Remedies.--Civil courts exist at the
municipal, provincial, and Supreme Court levels and oversee civil,
administrative, labor, and economic matters. Civil courts, like all
courts in the country, lack an independent or impartial judiciary as
well as effective procedural guarantees. Although it is possible to
seek judicial remedies through civil courts for violations of
administrative determinations, lawyers noted that general procedural
and bureaucratic inefficiencies often delayed or undermined the
enforcement of both administrative determinations and civil court
orders. No courts allowed claimants to bring lawsuits seeking remedies
for human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution protects citizens' privacy rights in
their homes and correspondence, and police must have a warrant signed
by a prosecutor or magistrate before entering or conducting a search.
In practice, however, the government routinely and systematically
monitored correspondence and communications between citizens,
surveilled their movements, and entered homes without legal authority
and with impunity. Police searched homes and seized personal goods
without the legally required documentation.
The MININT employed a system of informants and block committees,
known as Committees for the Defense of the Revolution, to monitor
government opponents and report on their activities. Agents from the
MININT's General Directorate for State Security subjected foreign
journalists and diplomats to occasional harassment and surveillance,
including electronic surveillance and surreptitious entry into their
homes.
The government routinely used propaganda campaigns in the media
(all of it state-owned) to slander opponents. During the year the
government televised a series of propaganda ``documentaries'' to
besmirch the reputation of the Damas de Blanco, independent bloggers,
and Freemasons, among others. The programs featured footage of private
meetings, including in bedrooms and hotel rooms, taken without the
participants' knowledge and used without their consent.
The CP is the only legally recognized political party, and the
government actively suppressed attempts to form other parties. Party
membership is not required to obtain common government services, such
as rations, housing, or medical care. However, the government
encouraged mass political mobilization and favored citizens who
actively participated, especially when awarding valued public benefits
like admissions to higher education, fellowships, and jobs.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and of the
press only insofar as it ``conforms to the aims of socialist society.''
Laws banning criticism of government leaders and distribution of
antigovernment propaganda carry penalties ranging from three months' to
15 years' imprisonment.
Freedom of Speech.--The government had little tolerance for public
criticism of government officials or programs. Even prominent cultural
figures faced reprisals for making statements construed to be critical
of the government. Painter Pedro Pablo Oliva was expelled from the
Provincial Assembly of his native Pinar del Rio and had his workshop
temporarily closed after he gave an interview to a foreign publication
in which he was critical of the government. Public debate of issues
considered sensitive was limited. During the year state security
continuously harassed the organizers of an independent forum for
debates on cultural and social topics and forced them to stop
discussing issues deemed controversial. The forum organizers reported
visits by state security, video surveillance installed outside the
venue, and detention of panelists on the day in which they were
expected to appear.
During the year religious groups reported greater latitude to voice
their opinions during sermons and at religious gatherings than in the
past, although most members of the clergy exercised self-censorship.
Religious leaders in some cases criticized the government, its
policies, and even the country's leadership without reprisals. In
September the Catholic Church opened a cultural center in Havana that
hosted debates featuring participants voicing different opinions about
the country's future; well-known dissidents were allowed to
participate.
Freedom of the Press.--The government directly owned all print and
broadcast media outlets and all sources of information, and it did not
allow editorial independence. News and information programming was
nearly uniform across all outlets. The government also controlled
nearly all publications and press prints, requiring CP approval before
materials could go to press.
Online postings, including from bloggers and independent
journalists, were not censored. Some journalists also published
newsletters in hard copy. Like other government critics, bloggers and
independent journalists faced sustained government harassment.
The Catholic Church published two periodicals that sometimes
included criticism of official social and economic policies. The
Catholic Church received permission to broadcast Christmas and Easter
messages on state-run stations. The government also allowed the
broadcast of a message on September 8, the feast day of the Virgin of
Charity, the country's patron saint. The Council of Churches, the
government-recognized Protestant umbrella organization, was authorized
to host monthly two hour-long radio broadcasts.
Violence and Harassment.--The government does not recognize
independent journalism and subjected some independent journalists to
detentions, harassment, equipment seizures, and threats of
imprisonment. At least 25 of the political prisoners that the
government released in 2010 and the first three months of 2011 had
worked as independent journalists prior to their imprisonment in 2003.
During the year the government televised a series of propaganda
``documentaries,'' one of which was aimed at discrediting independent
journalists and featured the outing of a well-known independent
journalist who claimed that he had been working for state security for
years.
Censorship or Content Restrictions.--The law prohibits distribution
of printed materials that are considered ``counterrevolutionary'' or
critical of the government. Foreign newspapers or magazines were
generally unavailable. Distribution of material with political content,
interpreted broadly to include the Universal Declaration of Human
Rights, was not allowed and resulted in harassment and even detention.
The government continued to jam the transmissions of Radio Marti and
Television Marti.
The government sometimes barred independent libraries from
receiving materials from abroad and seized materials donated by foreign
governments and individuals. Government officials also confiscated
cameras from opponents to prevent them from distributing photos and
videos that it deemed objectionable, such as of those taken during
arrests and detentions.
Internet Freedom.--There were significant government restrictions
on access to the Internet and widespread reports that the government
monitored e-mail and Internet chat rooms and browsing. The government
controlled all Internet access, with the exception of extremely limited
facilities provided by a few diplomatic missions and some black market
facilities.
During the year the government announced that it had set up a
fiber-optic line to Venezuela capable of offering broadband service,
but government officials cautioned that it would not result in greater
Internet access for the general population. While the government
claimed 15.9 percent of the population had access to the Internet, in
many cases this access was limited to a domestic ``intranet'' that
offered only e-mail or highly restricted access to the World Wide Web.
The government granted Internet access only to a chosen few,
consisting mostly of government officials, established professionals,
professors, students, journalists, and artists. Others could access
limited e-mail and Internet services through government-sponsored
``youth clubs'' or Internet centers approved and regulated by the
Ministry for Information, Technology, and Communications.
The government employed as many as 1,000 bloggers to discredit the
opposition, including the small independent blogger community and the
Damas de Blanco. In a leaked presentation before the MININT, a
government official explained that government-run bloggers had specific
tasks, including one whose main responsibility was to attack everything
written by independent blogger Yoani Sanchez.
Authorities reviewed the browsing history of authorized users,
reviewed and censored e-mail, employed Internet search filters, and
blocked access to Web sites considered objectionable. However, the
government unblocked certain well-known sites, including Sanchez's
site, during the year.
Numerous human rights groups reported that authorities used mobile
patrols to search for unauthorized Internet and satellite television
equipment. When police discovered violators, they confiscated the
equipment and fined, and sometimes jailed, the owners. While the law
does not set specific penalties for unauthorized Internet use, it is
illegal to own a satellite dish that would provide uncensored Internet
access.
The use of encryption software and transfer of encrypted files are
also illegal. Despite the limited access, harassment, and
infrastructure challenges, a growing number of citizens maintained
blogs where they often posted opinions critical of the government, with
help from foreign supporters who often built and kept the blog sites.
Local access to the majority of these blogs was blocked.
Foreigners were allowed to buy Internet access cards from the
national telecommunications provider and to use hotel business centers,
where Internet access could be purchased only in hard currency. Access
usually cost between five and 10 convertible pesos (approximately $5 to
$10) an hour, a rate beyond the means of most citizens. Citizens
usually were allowed to purchase Internet access at the national
telecommunications provider and to use hotel business centers, but they
were occasionally prohibited from purchasing access.
Academic Freedom and Cultural Events.--The government restricted
academic freedom and controlled the curriculum at all schools and
universities, emphasizing the importance of reinforcing ``revolutionary
ideology'' and ``discipline.'' Most academics refrained from meeting
with foreigners, including diplomats, journalists, and academics,
without prior government approval. Those permitted to travel abroad
were aware that their actions, if deemed politically unfavorable, could
negatively affect them and their relatives back home.
Outspoken artists and academics often faced harassment and
criticism orchestrated by the government. Government bloggers denounced
two-time Grammy winner and former National Assembly member Pablo
Milanes after he made public statements lamenting government hostility
towards dissidents in Cuba. Esteban Morales, a senior University of
Havana professor and television commentator, was expelled from the CP
for publishing an article addressing the challenges posed by government
corruption. He successfully appealed and was reinstated in July.
Public libraries required citizens to complete a registration
process before access to books or information was granted. Citizens
could be denied access if they could not demonstrate a need to visit a
particular library. A letter of permission from an employer or academic
institution was required for access to censored, sensitive, or rare
books and materials.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution grants the limited right of
assembly, the right is subject to the requirement that they may not be
``exercised against the existence and objectives of the socialist
state.'' The law requires citizens to request authorization for
organized meetings of three people or more, and failure to do so
carries a penalty of up to three months in prison and a fine. In
practice, however, these gatherings were tolerated. Religious groups
reported the ability to gather in large numbers without registering or
facing sanctions. The Catholic Church was permitted to celebrate the
400th anniversary the Virgin of Charity with a year-long series of
public processions in honor of the saint.
Political opponents, however, faced greater obstacles, and police
often suppressed attempts to assemble, even when these were in private
dwellings and in small numbers. The government continued to organize
mobs to assault and disperse those that assembled peacefully. Although
the government characterized the mobs as spontaneous, participants
frequently arrived in government-owned vehicles or were recruited by
local CP leaders from nearby workplaces or schools. Mob participants
arrived and departed in shifts, chanted revolutionary slogans, sang
revolutionary songs, and verbally taunted the targets of the protest
for hours. Often government-orchestrated mobs assaulted the targets or
damaged their homes or property. Government officials at the scene did
not arrest those who physically attacked the victims or respond to
victims' complaints. On more than one occasion, officials took part in
the beatings.
The government did not grant permission to antigovernment
demonstrators or approve public meetings by human rights groups. While
the government tolerated the Damas de Blanco's Sunday marches after
Mass in Havana, government-organized mobs broke up marches planned by
the Damas in other locations .
Civil society organizations reported continued suppression of the
right to assemble. On November 24, several prominent Afro-Cuban
activists were detained to prevent their participation in a three-day
conference sponsored by the independent Citizen's Committee on Racial
Integration. On November 25 and 26, state security blocked entry to the
conference venue, preventing the conference from taking place as
planned. The government often resorted to forceful action to disperse
those assembling peacefully. In many cases it employed mobs to assault
participants at events it sought to disrupt.
Human rights activists reported frequent government monitoring and
disruption of cell phone and landline services prior to planned events
or key anniversaries related to human rights.
Freedom of Association.--The government routinely denied its
citizens freedom of association and did not recognize independent
associations. The constitution proscribes any political organization
that is not officially recognized. Authorities have never recognized an
independent human rights organization. However, a number of independent
organizations and professional associations operated as NGOs without
legal recognition.
Recognized churches, the Roman Catholic humanitarian organization
Caritas, the Freemason movement, and a number of fraternal and
professional organizations were the only associations legally permitted
to function outside the formal structure of the state, the CP, and
government-organized organizations. However, these groups are under the
supervision of the CP's Office of Religious Affairs, which has the
authority to deny permits for religious activities and exerts pressure
on church leaders.
Authorities continued to ignore applications for legal recognition
from new groups, including several new religious groups as well as
women's rights and gay rights organizations, thereby subjecting members
to potential charges of illegal association. In 2009 an independent
lawyer's group, Asociacion Juridica Cubana (AJC), filed a writ of
mandamus demanding action on their application for legal recognition.
In April the Supreme Court ruled that the AJC had the right to have
their application for status reviewed and ordered the Ministry of
Justice to do so. In June the Ministry of Justice issued the AJC a
certificate stating that there is no equivalent organization in the
country, the first step in the registration process.
The government continued to afford preferential treatment for those
who took an active part in CP activities and mass demonstrations in
support of the government, especially when awarding valued public
benefits such as admissions to higher education, fellowships, and job
opportunities.
c. Freedom of Religion.--See the Department of State's
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.--There are severe restrictions on
freedom of movement within the country, foreign travel, and migration
with the right of return.
The government tightly restricted foreign and domestic travel and
limited internal migration from rural areas to Havana.
In-country Movement.--Although the constitution allows all citizens
to travel anywhere within the country, changes of residence were
heavily restricted. The local housing commission and provincial
government authorities must authorize any change of residence. Persons
living in a location illegally may be fined and sent back to their
place of residence. While the regulation was in effect nationwide, it
was applied most frequently in Havana. Thousands of people lived in
Havana illegally and without access to food rations or local
identification cards. There were cases where police had threatened to
prosecute for ``dangerousness'' anyone who returned to Havana after
having been expelled. In November the government eased internal
migration restrictions, allowing ``illegally present'' family members
of registered Havana residents to legalize their status and officially
change their residence to Havana.
The law permits authorities to bar an individual from a certain
area within the country, or to restrict an individual to a certain
area, for a period from one to 10 years. Under this provision
authorities may internally exile any person whose presence in a given
location is considered ``socially dangerous.'' Some dissidents reported
that they were prevented from leaving their home provinces or detained
by authorities and returned.
Foreign Travel.--The government restricted both migration and
temporary foreign travel by requiring exit permits. In the latter part
of the year, the government began allowing migrants to sell their
vehicles and houses before departure rather than surrender them to the
government.
The government allowed the majority of persons who qualified for
immigrant or refugee status in other countries to depart. However, at
least 200 citizens who had received foreign travel documents were
denied exit permits during the year. Persons routinely denied exit
permits included medical personnel, men of military age, former
military or security personnel, and members of the opposition. The
government requires university graduates to perform social service work
for periods of up to five years, during which they are not allowed to
leave the country. The government denied exit permits for several years
to relatives of individuals who migrated illegally (for example,
merchant seamen and sports figures who defected while out of the
country). The government frequently withheld exit visas from dissidents
or independent public figures.
During the year, the government denied exit visas for blogger Yoani
Sanchez, bringing the total number of denials to at least 18 in the
last four years.
Emigration and Repatriation.--Those seeking to migrate legally
alleged they also faced police interrogation, fines, house searches,
harassment, and intimidation, including involuntary dismissal from
employment. Government employees who applied to migrate legally to the
United States sometimes were fired from their jobs when their plans
became known.
Fees for medical exams, exit permissions, passport costs, and
airport taxes are payable only in hard currency and amounted to
approximately 630 convertible pesos (approximately $630) for an adult,
or nearly three years' salary. These fees represented a significant
hardship, particularly for migrants who had been forced from their jobs
and had no income.
The law provides for imprisonment of up to three years or a fine of
300 to 1,000 pesos (approximately $12 to $42) for unauthorized
departures, the overwhelming majority by sea. However, most were
detained for no more than two to three weeks and given a fine, but in
the case of military or police defectors, the punishment could be more
severe. Jail terms were also more common for persons attempting to flee
to the United States through the Guantanamo U.S. Naval Base.
Under the terms of the 1994 U.S. Cuba Migration Accord, the
government agreed not to prosecute or retaliate against migrants
returned from international or U.S. waters, or from the U.S. Naval
Station at Guantanamo, after attempting to emigrate illegally if they
had not committed a separate criminal offense. However, in practice
some would-be migrants experienced harassment and discrimination such
as fines, expulsion from school, and job loss.
The government generally refused to accept nationals returned from
U.S. territory beyond the terms of the Migration Accord.
The government sometimes applied a law on human smuggling to would-
be migrants charged with organizing or promoting illegal exits. The law
provides for imprisonment from two to five years for those who
organize, promote, or incite illegal exit from national territory. The
CCDHRN estimated that at year's end approximately 300 citizens were in
prison serving sentences or awaiting trial for smuggling charges.
Protection of Refugees.--Access to Asylum.--The constitution
provides for the granting of asylum to individuals persecuted for their
ideals or actions involving a number of specified political grounds.
The government has no formal mechanism to process asylum for foreign
nationals.
Temporary Protection.--On the small number of cases of persons
seeking asylum, the government worked with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance, pending third-country settlement.
In addition the government allowed foreign students who feared
persecution in their home countries to remain in the country after the
end of their studies, until their claims could be investigated.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government, and the
government retaliated against those who sought peaceful political
change.
Elections and Political Participation.--Recent Elections.--All 614
candidates for the National Assembly at the 2008 national elections
were prevetted by government-run bodies and ran unopposed. They in turn
elected Raul Castro to succeed his brother as chief of state and
president by unanimous vote.
Political Parties.--All candidates for office were preapproved by
government-run commissions, which rejected independent candidacies
without explanation or the right of appeal. All but seven of the 614
candidates were CP members.
In the 2010 municipal elections, scores of candidates were
summarily refused the opportunity to run. Some independent candidates
managed to run, although they were all defeated in open, nonsecret
voting.
Participation of Women and Minorities.--There are no official
restrictions on women or minorities, and the government actively
promotes participation of both in government. President (and CP First
Secretary) Castro highlighted that the composition of the newly elected
Central Committee included 48 women (42 percent) and 36 Afro-Cubans (31
percent). Following the selection of the National Assembly in 2008, the
government reported the composition as approximately 63 percent white,
20 percent black, and 17 percent mixed race.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for corruption, and the
government was highly sensitive to corruption allegations and often
conducted anticorruption crackdowns. All government agencies,
especially the Office of the General Comptroller and the MININT, were
tasked with combating corruption, including through prosecution of
government officials. During the year more than a dozen high-level
officials and prominent business people were tried and convicted of
corruption charges. There were widespread reports of police corruption.
Multiple sources reported that when searching homes and vehicles,
police sometimes took the owner's belongings or sought bribes in place
of fines or arrests.
The law provides for three to eight years' imprisonment for
``illegal enrichment'' by authorities or government employees.
Government officials were not subject to special financial
disclosure laws. The law provides for public access to government
information, but in practice requests for information were routinely
rejected.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The government did not recognize domestic human rights groups or
permit them to function legally. Several human rights organizations
continued to function outside the law, including the CCDHRN, Christian
Liberation Movement, Assembly to Promote Civil Society, and Lawton
Foundation for Human Rights. The government subjected domestic human
rights advocates to intimidation and harassment.
There are no officially recognized, independent NGOs that monitor
human rights. The government refused to recognize or meet with any
unauthorized NGOs that monitor human rights.
U.N. and Other International Bodies.--The government continued to
deny human rights organizations, the U.N. and the International
Committee of the Red Cross access to all prisoners and detainees.
Government Human Rights Bodies.--There were no independent
government bodies that monitored human rights abuses in the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, or social status. However, racial discrimination occurred
frequently.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and the government enforced the law. The
government did not release statistics during the year on arrests,
prosecutions, or convictions for rape, and no reliable information
regarding it was available.
The law does not recognize domestic violence as a distinct category
of violence but prohibits threats and violence, including those
associated with domestic violence. Penalties for domestic violence are
covered by the laws against assault and range from fines to prison
sentences of varying lengths, depending on the severity of the offense.
To raise awareness about domestic violence, the government
continued to carry out media campaigns during the year. Two weekly
television programs discussed women's issues, including domestic
violence. In addition a few government-organized organizations held
conferences and worked with local communities to improve services.
UNICEF reported that the government ran counseling centers for women
and children in most municipalities, with staff trained in assisting
victims of abuse.
Sexual Harassment.--The law provides penalties for sexual
harassment, with potential sentences of three months' to five years'
imprisonment. The government did not release any statistics on arrests,
prosecutions, or convictions for offenses related to sexual harassment.
Reproductive Rights.--Couples and individuals have 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. The Population Reference Bureau
reported in 2011 that 73 percent of women ages15 to 49 used a modern
method of contraception. Women and men had equal access to diagnostic
services and treatment for sexually transmitted infections.
Discrimination.--The law accords women and men equal rights and
responsibilities regarding marriage, divorce, raising children,
maintaining the home, and pursuing a career. The law grants working
mothers preferential access to goods and services. The law provides for
equal pay for equal work, and women generally received pay comparable
to men for similar work.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory, and births were generally registered
promptly.
Child Abuse.--There was no societal pattern of child abuse.
Sexual Exploitation.--While there were reports of underage
prostitution, there were no reliable statistics available regarding its
extent. The minimum age of consent for consensual sex is 16. There is
no statutory rape law, although penalties for rape increase as the age
of the victim decreases. While the law does not specifically prohibit
child pornography, it prohibits the production or distribution of any
kind of obscene graphic material, with possible sanctions ranging from
three months to one year in prison and a fine.
The government, in cooperation with the British government and a
British NGO, ran centers in Havana and Santiago de Cuba for the
treatment of child sexual abuse victims, including victims of
trafficking. In April a third center opened in the city of Santa Clara.
The centers employed modern treatment techniques, including the
preparation of children to be witnesses in criminal prosecutions.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of Child Abduction. For
country-specific information see the Department of State's report at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--There were between 1,000 and 1,500 members of the
Jewish community. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--There was no known law prohibiting
official discrimination against persons with disabilities in
employment, education, access to health care, or the provision of other
state services. However, a Ministry of Labor and Social Security
resolution gives persons with disabilities the right to equal
employment opportunities and equal pay for equal work. There are no
laws mandating accessibility to buildings, communications facilities,
or information for persons with disabilities, and in practice
facilities and services were rarely accessible to persons with
disabilities.
The Special Education Division of the Ministry of Education is
responsible for the education and training of children with
disabilities. The Ministry of Labor and Social Security is in charge of
the Job Program for the Handicapped.
In January 2010 at least 26 patients died of hypothermia and
malnutrition at the government-run Mazorra Psychiatric Hospital in
Havana when temperatures dropped to near freezing; hospital employees
had sold the patients' food, medicine, and blankets on the black
market. On January 31, a court sentenced 14 individuals, including the
hospital's director, to prison terms of up to15 years for their role in
the deaths.
National/Racial/Ethnic Minorities.The government actively promotes
racial integration and inclusiveness. Despite these efforts Afro Cubans
often suffered racial discrimination, including disproportionate stops
for identity checks and searches, and could be subject to racial
epithets. Afro Cubans were represented disproportionately in
neighborhoods with the worst housing conditions and were economically
disadvantaged.
The country celebrated the International Year for People of African
Descent by hosting a series of cultural events highlighting Afro-Cuban
contributions as well as academic workshops on racism and
discrimination.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Officially there was no
discrimination based on sexual orientation in employment, housing,
statelessness, or access to education or health care. However, societal
discrimination based on sexual orientation or gender identity
persisted.
Mariela Castro, President Castro's daughter, headed the national
Center for Sexual Education and continued to be outspoken in promoting
the rights of lesbian, gay, transgender, and bisexual (LGBT) persons.
Nonetheless, nongovernment rights activists asserted that the
government had not done enough to stop harassment of LGBT persons.
Other Societal Violence or Discrimination.--There were reports that
some persons with HIV/AIDS suffered job discrimination or were rejected
by their families. The government operated four prisons exclusively for
inmates with HIV/AIDS. Some inmates were serving sentences for
``propagating an epidemic.'' Special diets and medications for HIV
patients were routinely unavailable.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
Although the law recognizes freedom of association, it heavily
restricts this right by recognizing only the Workers' Central Union of
Cuba (CTC) as the paramount trade union confederation. All trade groups
must belong to the CTC in order to operate legally. The law does not
provide for the right to strike. The law also does not provide for
collective bargaining, instead setting up a complicated process for
reaching collective agreements. The International Labor Organization
continued to raise concerns regarding restrictions to collective
bargaining and agreements, including that government authorities and
CTC officials had the final say on all such agreements.
The government continued to take active steps to prevent the
formation of independent trade unions in all sectors. CTC leaders were
chosen by the CP. The CTC's principal responsibility was to manage
government relations with the workforce. The CTC does not bargain
collectively, promote worker rights, or advocate for the right to
strike. The CTC took a lead role in disseminating information regarding
the government's planned large-scale layoffs of government workers and
in defending the government's decision to do so. Its leadership
defended the layoffs, stating that ``our state cannot and should not
continue supporting businesses, production entities, and services with
inflated payrolls; it will no longer be possible to apply a formula of
protecting and subsidizing salaries on an unlimited basis to workers."
Several small independent labor organizations operated without
legal recognition, including the National Independent Workers'
Confederation of Cuba, the National Independent Laborer Confederation
of Cuba, and the Joint Council of Workers of Cuba. In April these three
organizations joined forces to create the Coalition of Independent
Unions of Cuba. These organizations were subject to police harassment
and infiltration by government agents and had a limited capacity to
represent workers effectively or work on their behalf.
The government can determine that a worker is ``unfit'' to work,
resulting in job loss and the denial of job opportunities. Persons were
deemed unfit because of their political beliefs, including their
refusal to join the official union, and for trying to depart the
country illegally. Professionals who expressed interest in emigrating
were also penalized. Of the 75 dissidents jailed in 2003, seven were
independent labor leaders. All were released over the past two years.
b. Prohibition of Forced or Compulsory Labor.--The law forbids
slavery, bondage, and all forms of forced labor. The government
effectively enforced the law, and there were no reports that such
practices occurred. During the year the government officially abandoned
mandatory summer work programs for the youth.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
legal minimum working age is 17, although the labor code permits the
employment of 15 and 16 year old children to obtain training or fill
labor shortages. The labor code does not permit 15 and 16 year olds to
work more than seven hours per day or 40 hours per week, or on
holidays. Children ages 13 to 18 cannot work in specified hazardous
occupations, such as mining, or at night.
There were no known government programs to prevent child labor or
remove children from such labor. Antitruancy programs, however, helped
ensure that children were in school and not in the labor market.
Inspections and penalties were adequate to enforce the law, and in
practice it was rare that children under 17 worked.
d. Acceptable Conditions of Work.--The monthly minimum wage was
fixed at 225 pesos (approximately $9). The minimum wage requirement
does not apply to the small nonstate sector. The government
supplemented the minimum wage with free education, subsidized medical
care (daily pay is reduced by 40 percent after the third day of a
hospital stay), housing, and some food. Even with subsidies the
government acknowledged that the average wage of 448 pesos per month
(approximately $19) did not provide a reasonable standard of living.
The standard workweek is 44 hours, with shorter workweeks in
hazardous occupations, such as mining. The law provides workers with a
weekly 24-hour rest period, and 24 days of paid annual holidays. These
standards applied to state workers as well as to the small nonstate
sector (but not to the self-employed). The law does not provide for
premium pay for overtime or prohibit obligatory overtime but generally
caps the number of overtime hours at 12 per week or 160 per year.
However, the law provides little grounds for a worker to refuse to work
overtime. Refusal to work overtime could result in a notation in the
employee's official work history that could imperil subsequent requests
for vacation time. The Ministry of Labor has the authority to establish
different overtime caps as needed. Compensation for overtime is paid in
cash at the regular hourly rate or in additional rest time,
particularly for workers directly linked to production or services, and
does not apply to management.
Laws provided for workplace and environmental safety. The law
provides that workers who consider their life in danger because of
hazardous conditions have the right to refuse to work in a position or
not engage in specific activities until such risks are eliminated.
Workers remain obligated to work temporarily in whatever other position
may be assigned at a salary provided for under the law.
The Ministry of Labor effectively enforced minimum wage and hours
of work standards through offices at the national, provincial, and
municipal levels, but the government lacked mechanisms to enforce
occupational safety and health standards.
Workers frequently complained that overtime compensation was either
not paid or not paid in a timely manner. The government continued to
expand the number of trades that could be plied privately, to 181, and
for the first time allowed the self-employed to hire labor. Foreign
companies operated in a limited number of sectors, such as hotels,
tourism, and mining. Such companies operated on the basis of a joint
venture policy, in which the government contracted and paid company
workers in pesos, an amount that was a small fraction of what the
company remitted to the state for labor costs. Employers are prohibited
from contracting or paying the workers directly, although many
reportedly made supplemental payments under the table.
The independent and illegal Confederation of Independent Workers of
Cuba reported numerous violations of health and safety laws at
worksites throughout the country, including inadequate and poorly
maintained equipment and protective gear. The CTC seldom informed
workers of their rights and did not respond to or assist workers who
complained about hazardous workplace conditions.
__________
DOMINICA
executive summary
Dominica is a multiparty, parliamentary democracy. In 2009
elections Prime Minister Roosevelt Skerrit's Dominica Labour Party
(DLP) prevailed over the opposition United Workers Party (UWP) by a
margin of 18 seats to three seats. Although outside observers found the
elections generally free and fair, the opposition continued to boycott
Parliament over alleged electoral abuses. Security forces reported to
civilian authorities.
The most serious human rights problems were the overcrowded prison
and domestic violence against women and children.
Other human rights problems included adverse conditions experienced
by indigenous Kalinago (Carib).
The government took steps to prosecute officials who committed
abuses, and there were no known cases of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
On November 24, the chief magistrate dismissed the only pending
case of criminal prosecution of police officers, stemming from the 2007
killing of Stan Bruney, upon motion by the defense. The prosecution
summoned witnesses on numerous occasions and issued warrants to appear,
but the key witnesses refused to appear to testify at court.
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.--Although overcrowded,
prison and detention conditions generally met international standards,
and the government permitted visits by independent human rights
observers, although no such visits were known to have occurred during
the year.
The prison has an authorized capacity of 200 inmates but held 238
inmates, including 42 detainees on remand from the court, as of year's
end. The inmates included six women and 10 juveniles, who were
separated from the adult male population.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Prison authorities permitted prisoners
and detainees to submit complaints, and the government investigated
complaints and monitored prison and detention center conditions.
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 Ministry of
National Security, Labor, and Immigration oversees the Commonwealth of
Dominica Police Force, the country's only security force. The police
have a formal complaint procedure to handle allegations of excessive
force or abuse by police officers.
Civilian authorities maintained control over the police, and the
government had effective mechanisms to investigate and punish abuse and
corruption. During the year there was one nonfatal shooting by a police
officer that was under investigation and review by the director of
public prosecutions (DPP); at year's end the DPP returned the case for
further investigation in order to obtain a full forensic and medical
report to document the position of the victim's wounds.
Arrest Procedures and Treatment While in Detention.--The police
apprehend persons openly with warrants issued by a judicial authority.
The law requires that the authorities inform persons of the reasons for
arrest within 24 hours after arrest and bring the detainee to court
within 72 hours. This requirement generally was honored in practice. If
the authorities are unable to bring a detainee to court within the
requisite period, the detainee may be released and rearrested at a
later time. There is a functioning system of bail. Criminal detainees
were provided prompt access to counsel and family members.
Lengthy detention before trial was a problem due to judicial staff
shortages. On average prisoners remained in remand status for more than
three months.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Inadequate prosecutorial and police staffing and resources for
investigations, together with a lack of magistrates, resulted in severe
backlogs and other problems in the judicial system.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
There are public trials by jury, and defendants have the right to be
present, to consult with an attorney in a timely manner, and to
confront or question witnesses. Criminal defendants are presumed
innocent until proven guilty, are allowed legal counsel, and have the
right to appeal. Courts provide free legal counsel to juveniles unable
to obtain their own counsel, regardless of the crime committed, and to
the indigent, but only in cases involving serious crimes. Defendants
and their attorneys have access to government-held evidence relevant to
their cases.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent,
impartial judiciary in civil matters where one can bring lawsuits
seeking damages for a human rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and 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 credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice.
The only internal restriction on movement applies to the Carib
Reserve area. Since the land is collectively owned by the community and
managed by the Carib Council, for a newcomer to live in the territory,
the council would have to grant permission to use the land.
Although no known cases occurred, the government was prepared to
cooperate with the Office of the U.N. 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.
There were a sizable number of Haitians living in the country who
applied for residency and citizenship, but not on the basis of refugee
status.
Protection of Refugees.--Access to Asylum.--The government has not
established a procedural system for providing protection to refugees.
While the law provides for asylum or refugee status, 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 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.--Recent Elections.--In
parliamentary elections held in December 2009, the ruling DLP won 18
seats in the House of Assembly, defeating the UWP, which won three
seats. Two of the three opposition members boycotted Parliament to
pressure the government to call new elections. As a result of the
boycott, after six months the government declared the two seats vacant
by operation of law and called by-elections in those two
constituencies, both won again by the opposition. The newly elected
opposition members continued to boycott full participation in
Parliament; they appear for each sitting, sign in, and then walk out.
The Caribbean Community and the Organization of American States
sent teams of election observers, who declared the election to be fair
and transparent. After the election, the opposition filed court
complaints of election irregularities regarding a number of complaints,
but the court rejected the claims except for one of ineligibility to
hold office against two ministers over dual-nationality issues. After a
full evidentiary trial, the court ruled against the opposition and
determined the two ministers were eligible under the law.
Participation of Women and Minorities.--Voters elected two women to
the House of Assembly, and these women held two cabinet positions: the
minister for social services, community development, and gender
affairs; and the minister for culture, youth, and sports. The appointed
Speaker of the House of Assembly was a woman, and the ruling DLP
appointed one woman to serve in the 10-person appointed Senate.
The parliamentary representative for the constituency that includes
the Carib Territory was a Carib.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. However,
there were isolated allegations publicly reported by members of the
political opposition and related groups of corruption in the
government, including accusations that some government officials
engaged in property speculation. The same opposition groups accused
government ministers of receiving unreported money from foreign
sources. However, they provided no evidence to the government. Thus no
charges were filed, and none of these allegations were proven in the
courts.
The Integrity in Public Service Act, monitored by a government
commission, requires government officials to account annually for their
income and assets and those of their immediate family, as well as any
gifts they have received. During the year the commission referred seven
cases to the DPP for noncompliance, which represented a 96 percent
compliance rate. In 2010 the DPP filed criminal charges against 26
public officials the commission identified as noncompliant. The
prosecution dropped eight of the cases for lack of evidence, one
official won after trial, one official pleaded guilty and was
reprimanded, and the remaining faced trial at year's end.
The commission receives complaints from the public as well and
investigated complaints filed against public officials. One complaint
against the prime minister concerning a cabinet decision granting
concessions for importation of building materials was pending before
the commission at year's end.
The Financial Intelligence Unit is the chief government agency
responsible for identifying and combating government corruption. In
addition the police force and customs service have internal watchdog
offices. The independent DPP is responsible for prosecuting major
crimes, including corruption offenses, and routinely files charges of
theft, false accounting, fraud, theft by deception, and related
offenses. The DPP worked closely with the Financial Intelligence Unit.
However, the DPP lacked adequate manpower and resources for
concentration on complicated money laundering and public corruption
cases.
The law does not provide for public access to government
information, and the government did not provide routine access in
practice. The government maintained a Web page and a government
information service, where it posted information such as directories of
officials and a summary of laws and press releases. The government
budget and an audit of that budget were both publicly available on the
Web site.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no government restrictions on the formation of local
human rights organizations, although no such groups existed. Several
advocacy groups, such as the Association of Disabled People, the
Dominica National Council of Women (DNCW), and a women's and children's
self-help organization, operated freely and without government
interference.
U.N. and Other International Bodies.--There were no requests for
investigations of human rights abuses from international or regional
human rights groups.
Government Human Rights Bodies.--A parliamentary commissioner has
responsibility to investigate complaints against the government.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law specifically prohibits discrimination based on race,
gender, place of origin, color, and creed, and the authorities
generally respected this prohibition in practice.
Women.--Rape and Domestic Violence.--The law criminalizes rape but
not spousal rape. Although the maximum sentence for sexual molestation
(rape or incest) is 25 years' imprisonment, the normal sentence was
five to seven years, except in the case of murder. Police were not
reluctant to arrest or prosecute offenders; whenever possible, female
police officers handled rape cases. The Bureau of Gender Affairs of the
Ministry of Social Services, Community Development, and Gender Affairs
assisted victims of abuse by finding temporary shelter, providing
counseling to both parties, or recommending police action.
Sexual violence and domestic violence cases were common, and the
government recognized it as a problem. Authorities received reports of
16 rapes, 44 indecent assaults, 44 cases of unlawful sexual
intercourse, and 75 cases of grievous bodily harm during the year. No
information was available about prosecutions or convictions. The
government held workshops and participated in public awareness and
outreach programs, and updated its domestic violence legislation.
Victims were sometimes reluctant to speak out due to due to fear of
retribution, stigma, or further violence, which suggests that the
problem may be significantly under-reported. Although no specific laws
criminalize spousal abuse, spouses could bring charges against their
partners for battery. However, victims were often reluctant to press
charges due to their reliance on financial assistance of the abuser.
Shelters were operated in private homes to preserve the privacy of the
victims, but the location of a shelter was hard to keep secret. There
was one government-supported shelter. The law allows abused persons to
appear before a magistrate without an attorney and request a protective
order. The court also may order the alleged perpetrator to be removed
from the home to allow the victims, usually women and children, to
remain in the home while the matter is investigated. However,
inadequate police resources made enforcement of these restraining
orders difficult. Police officers continued to receive training in
dealing with domestic abuse cases.
The Bureau of Gender Affairs reported that both male and female
victims sought assistance in dealing with domestic violence. Despite
the range of programs offered, there were insufficient support systems
to address the problem effectively. In addition to counseling services
offered by the DNCW and the bureau, there was a legal aid clinic, and
the government's legal department offered assistance as well.
The DNCW provided preventive education about domestic violence and
maintained a shelter where counseling and mediation services were
available daily. Funding constraints limited stays at the shelter to
several days at a time; however, if needed, additional housing was
provided in private homes for up to three weeks. Because of the
country's small size, abusive spouses commonly found and visited the
victims at the shelter, making private homes a safer option in many
cases. The Catholic Church continued to be active in educating the
public about domestic violence.
Sexual Harassment.--The law does not prohibit sexual harassment,
and it continued to be a serious problem.
Reproductive Rights.--Women were free to choose the number,
spacing, and timing of their children. While statistics on maternal
mortality are not available, 94 percent of births occured with a
skilled attendant. Access to contraception and treatment for sexually
transmitted diseases was widely available.
Discrimination.--Women enjoy the same legal rights as men. However,
property ownership continued to be deeded to heads of households, who
were usually male. The inheritance law provides that intestate
succession leaves the surviving spouse with only a life estate.
However, the title registration act was amended to accommodate transfer
of property between spouses, which boosted married women's property
ownership. The law establishes pay rates for civil service jobs without
regard to gender. Although there were some women in managerial or high-
level positions, most women worked as shopkeepers, nurses, or in
education. The unemployment rate for women was 17.6 percent, compared
to 11 percent for men.
The Bureau of Gender Affairs is charged with promoting and ensuring
the legal rights of women. The bureau provides lobbying, research,
support, counseling, training, and education services. The bureau
worked with the DNCW and other organizations to help the government,
nongovernmental organizations, and police sectors coordinate work on
women's issues, particularly in data collection and information
sharing.
Children.--Birth Registration.--Citizenship is derived by birth to
a Dominican parent. Birth certificates were provided to the parents on
a timely basis.
Child Abuse.--Child abuse continued to be a pervasive problem. The
law protects children against assault, ill treatment, neglect, harmful
circumstances, domestic violence, and abandonment by parent or
guardian. The Welfare Department of the Ministry of Social Services,
Community Development, and Gender Affairs handled 184 reports of child
abuse during the year, and the government opened a shelter for abused
children. The Welfare Department also assisted victims of abuse by
finding temporary shelter, providing counseling to both parties, or
recommending police action. That department reported all severe cases
of abuse to the police. Lack of staff and resources continued to hamper
enforcement of children's rights laws.
Sexual Exploitation of Children.--The age of consent for sexual
relations is 16. The law prohibits commercial sexual exploitation of
children for purposes of prostitution, and related activity could be
prosecuted under laws against prostitution or trafficking. The law
protects all persons from unlawful sexual connection, rape, procurement
for prostitution, and incest, and also prohibits sexual offenses
against children under employment, control, or on wages. Additionally,
the country has designed a series of local and national public policies
preventing the commercial exploitation of children. There is no
specific law dealing with child pornography. Incest carries a maximum
of 25 years if committed by an adult with a person under 14 years of
age. In cases of sexual intercourse with a person age 14 to 16, a
maximum prison term of 14 years may be imposed. Prosecutions were often
thwarted by out of court settlements for money, which the government
stated it wanted to criminalize through amendments to the law.
International Child Abduction.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For country-specific information see the Department of
State's report at http://travel.state.gov/abduction/country/country--
3781.html.
Anti-Semitism.--There was no organized Jewish community, and there
were no reports of discrimination or any anti-Semitic acts.
Trafficking in Persons.--There were no confirmed reports that
persons were trafficked to, from, or within the country during the
year.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities, and there is no legal
requirement mandating access to buildings for such persons. Other than
lack of access, there was no reported formal discrimination against
them in employment, education, access to health care, or the provision
of other state services. However, many employers refused to hire
persons with disabilities, and unemployment among them was very high.
The government funded a special school for the hearing impaired and
partially assisted two other schools for vision impaired and mentally
challenged children. One of the public schools also had a program for
autistic children. However, the education of children with disabilities
remained a serious challenge, as many of the children were in rural
areas.
Indigenous People.--There was a Kalinago, or Carib, population
estimated at about 3,000 persons, most of whom lived in the 3,782-acre
Carib Territory, an area not clearly delineated by law. There were four
preschools and two primary schools in the Carib Territory and two
secondary schools in nearby communities attended by Kalinago children.
Despite these schools, however, the Carib language has almost
completely disappeared, and students elsewhere in the country were not
taught about pre-Columbian history or the role played by Caribs in
shaping the country's society. The Ministry of Education covered
tuition for Kalinago students at the Dominica State College and awarded
scholarships to Kalinago students for study throughout the Caribbean.
The Carib Act states that any child of a Kalinago is also Kalinago.
Non-Kalinagos may become Kalinagos if they are invited to live in the
Carib Territory and do so continuously for 12 years.
Every five years Kalinagos over the age of 18 who reside in the
territory may vote for the chief and six members of the Council of
Advisors. They also are eligible to vote in national elections. In
national elections, persons who are registered in the district but
reside outside, either in another part of the country or
internationally, are still allowed to vote in the Carib Territory. A
Kalinago headed the Ministry of Carib Affairs.
The Kalinago people continued to suffer from low levels of
unofficial and societal discrimination. Kalinago women in particular
suffered from these types of discrimination. Unemployment in the
territory generally was higher than in the rest of the country, and
mean income was below the national mean. There were few jobs in the
territory, because of the decline of the agricultural sector and the
inability to obtain bank financing due to the lack of collateral in
terms of privately owned land. Many Kalinagos who moved to the capital
city of Roseau did not report any significant discrimination. The vast
majority of Kalinagos have intermarried, and it was not always easy to
identify someone as Kalinago.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex conduct
between men is illegal. Anecdotal evidence suggested that societal
discrimination against lesbian, gay, bisexual and transgender (LGBT)
persons was common in the socially conservative society. There were
very few openly gay men or lesbians. During the year there was
increased public dialogue on the issue, including increased outreach by
LGBT persons promoting awareness of the problem.
Other Societal Violence or Discrimination.--The government and the
Dominica Planned Parenthood Association initiated programs designed to
discourage discrimination against HIV/AIDS-infected persons and those
living with them.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions, provides for the right to strike, and protects the right of
workers to bargain collectively with employers. The law prohibits
antiunion discrimination by providing that employers must reinstate
workers who file a complaint of illegal dismissal, which can cover
being fired for engaging in union activities or other grounds of
dismissal.
In practice the government generally enforced laws governing worker
rights effectively. Workers exercised the legal right to organize and
choose their representatives, but less than 30 percent of private
sector workers were unionized. The informal sector accounts for close
to 50 percent of total employment, and workers in that sector were not
unionized. Most agricultural work is performed on small family owned
farms and such workers were not unionized.
Restrictions on worker rights include the fact that emergency,
port, electricity, telecommunications, and prison services, as well as
the banana, coconut, and citrus fruit cultivation industries, were
deemed ``essential,'' which deterred workers in these sectors from
going on strike. Nonetheless, in practice essential workers have gone
on strike and did not suffer reprisals. The procedure for essential
workers to strike is cumbersome, involving giving appropriate notice
and submitting the grievance to the labor commissioner for possible
mediation. Most such actions were resolved through mediation through
the Office of the Labor Commissioner.
Workers exercised the right to collective bargaining, particularly
in the nonagricultural sectors of the economy, including in government
service. Government mediation and arbitration were also available; few
disputes escalated to industrial action. A company, a union
representative, or an individual can request mediation by the Labor
Commissioner's Office. In most cases the labor commissioner was able to
resolve the matter. Employers generally reinstated employees who filed
a complaint of illegal dismissal.
Unions and worker organizations were independent of the government
and political parties but must be registered with the government.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and the government effectively enforced the
law effectively. There were no reports that such practices occurred.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Although two laws prohibit employment of children, one law defines a
``child'' as under age 12 and the other as under age 14 for hazardous
work. Nonetheless, the government set a policy that defines 15 years as
the minimum age for employment and enforced this standard. Children
between the ages of 12 and 14 were allowed to work only in certain
family enterprises such as farming. Safety standards limit the type of
work, conditions, and hours of work for children over the age of 14.
The government effectively enforced these standards, and there were no
abuses reported. Although resources were insufficient to engage in
inspections on a comprehensive basis, the laws and penalties were
generally adequate to remove children from illegal child labor.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage law establishes
a base wage of EC$5.00 (approximately $1.87) per hour for all public
and private workers. The minimum wage varies according to category of
worker, with the lowest minimum wage set at EC$4.00 ($1.50), and the
maximum at EC$5.50 ($2.06) per hour. Most workers (including domestic
employees) earned more than the legislated minimum wage as prevailing
wages were much higher than statutory minimum wages. Enforcement is the
responsibility of the labor commissioner. Labor laws provide that the
labor commissioner may authorize the employment of a person with
disabilities at a wage lower than the minimum rate to enable that
person to be employed gainfully. The labor commissioner has not
authorized subminimum wages for the last few years.
The standard legal workweek is 40 hours in five days. The law
provides overtime pay for work above the standard workweek; moreover,
excessive overtime is not prohibited. The law stipulates paid holidays.
The government effectively enforced all labor standards, including
in the informal sector, which accounted for close to 50 percent of
total employment, and in which workers were not unionized.
The Employment Safety Act provides occupational health and safety
regulations that are consistent with international standards.
Inspectors from the Environmental Health Department of the Ministry of
Health conducted health and safety surveys. Six inspectors from the
Department of Labor in the Ministry of National Security, Immigration,
and Labor conducted inspections that prescribe specific compliance
measures, impose fines, and can result in prosecution of offenders.
They covered all labor rights, and the Ministry of Health had 19
inspectors who also inspected labor violations. Workers have the right
to remove themselves from unsafe work environments without jeopardy to
continued employment, and the authorities effectively enforced this
right.
__________
DOMINICAN REPUBLIC
executive summary
The Dominican Republic is a representative constitutional
democracy. In 2008 voters elected President Leonel Fernandez of the
Dominican Liberation Party (PLD) for a third term, and in 2010
elections the PLD and its allies won majorities in both chambers of
Congress. Impartial outside observers assessed these elections as
generally free and fair. There were instances in which elements of the
security forces acted independently of civilian control.
The most serious human rights problems were lack of respect for the
rule of law, manifested by extrajudicial killings and beatings and
other abuse of suspects; violence and discrimination against women,
including domestic abuse, rape, and femicide; and severe discrimination
against Haitian migrants and their descendants, including the
retroactive application of a new immigration policy resulting in de
facto statelessness for persons who have lived in the country for
generations.
Other human rights problems involved widespread corruption,
arbitrary arrest and detention, fair to harsh prison conditions,
harassment of certain human rights groups, child prostitution and other
abuses of children, trafficking in persons, violence and discrimination
against persons based on sexual orientation, ineffective enforcement of
labor laws, and child labor.
Although the government took some steps to prosecute and punish
police and security officers who committed abuses, there was a
widespread perception of impunity afforded to senior officers and other
government officials.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
there were numerous reports that security forces were involved in many
killings that were unlawful, unwarranted, or involved excessive use of
force.
Between January and July police killed 154 persons, according to
the Office of the Prosecutor General and Amnesty International (AI), an
increase from 125 over the same period in 2010. AI noted that
government statistics showed that police committed 10 percent of all
the killings in the country that year. According to the police's Center
for Statistics and Cartography, 263 civilians died during legal police
action during the year, nine more than in 2010, while 47 police
officers lost their lives in the line of duty and 23 died while off-
duty.
However, the National Human Rights Commission (NHRC), a
nongovernmental organization (NGO), reported 300 police killings,
although the methodology used to arrive at this figure was unclear.
Lack of training, lack of accountability, and inadequate supervision by
superiors contributed to these police killings. Human rights NGOs
asserted that, as in previous years, the police continued to employ
unwarranted deadly force against criminal suspects. The National Police
regularly justified the use of deadly force by claiming that the deaths
occurred during an ``exchange of gunfire."
According to AI, police shot and killed 21-year-old Luis Alfredo
Dominguez Rodriguez (known as ``Felo'') on January 26 in Nagua. His
friend Henry Ortiz, who was injured in the same incident, reported that
four officers in a patrol car stopped them and without saying a word,
shot him five times. Ortiz said an officer then shot Dominguez after
one of the officers said they did not want a witness to the killing.
The police then took both men to a hospital, where Dominguez died a few
hours later. Ortiz remained hospitalized for 20 days. The police
officers claimed the incident was an exchange of gunfire, producing as
evidence an illegal firearm allegedly seized from Ortiz. Authorities
detained one of the four officers, released two on bail, and dropped
charges against the fourth. At year's end the Public Ministry reported
that the first preliminary court hearing to determine if the case
should go to trial was scheduled for January 2012, but it had been
postponed several times.
A court sentenced police officer Manuel de Jesus Martinez German to
20 years' imprisonment and a fine of 5 million pesos ($131,000) for the
June 2010 killing of Abraham Ramos Morel and absolved the other officer
accused of charges related to the death. The trial of five police
officers (Mayor Jose Estrella Fernandez, Second Lieutenant Carlos
Alberto Peguero Ortiz, Sergeant Edwin Galvez Fernandez, Sergeant Major
Richard Urbaez Gomez, and Sergeant Major Miguel Antonio Frias de Jesus)
charged with murder for the July 2010 killing of Elio Reyes Severino
was set for March 26, 2012.
b. Disappearance.--There were no reports of politically motivated
disappearances.
In October the Rio Piedras, Puerto Rico, chapter of the Dominican
Committee of Human Rights (DCHR) stated that the former Chief of the
National Police Rafael Guillermo Guzman Fermin and General Juan Manuel
Fructuoso Heredia were responsible for the torture and subsequent
disappearance of Juan Almonte Herrera in September 2009. As in previous
years, authorities denied the charges and asserted that Almonte was a
fugitive from justice, since he was suspected of complicity in the 2009
kidnapping of Eduardo Baldera Gomez. The DCHR and Almonte's family
members asserted that the government failed to comply with Inter-
American Commission on Human Rights requests to investigate the
whereabouts of Almonte and to provide adequate protection for his
family.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law prohibits torture, beating, and physical
abuse of detainees and prisoners, members of the security forces,
primarily police, continued such practices. The NHRC reported that the
police continued to be involved in incidents that resulted in maiming
or severely injuring unarmed civilians. It brought five cases against
police officials on charges of mistreatment of detainees, but none of
the accused officers were prosecuted during the year. However, the NGO
also reported a general improvement in the treatment of detainees
during the year, noting that the problem of mistreatment seemed to stem
from a lack of compassion on the part of the officers and a lack of
awareness or training in the laws and proper methods of treatment.
Nonetheless, there were also reports of use of excessive force against
demonstrators and protesters by members of the security forces. Human
rights organizations stated that uniformed vigilantism persisted on a
nonlethal level.
The law provides penalties for torture and physical abuse,
including sentences from 10 to 15 years in prison. Civilian prosecutors
sometimes filed charges against police and military officials alleging
torture, physical abuse, and related crimes. Authorities sent abuse and
torture cases to civilian criminal courts rather than police tribunals.
In March the District Attorney's Office called for investigation of
four police officers on charges of brutally beating Romero Omar Pena
Baez. Pena accused Corporal Victoriano Castro Lazala, Private Raul
Antonio Benavides Javier, First Leiutenant Franklin Casimiro Soto
Ramirez, and Corporal Jonathan Arache Rodriguez, of acts of barbarism
and torture, voluntary assault and battery, unlawful arrest and
imprisonment, abuse of authority, and violation of freedom, after they
pulled him from his vehicle and beat him when he yelled at them for
hitting his car with a billy club. On March 16, the Police Chief fired
three of the four officers, saying that they reacted excessively and
with a lack of tact to hit a man driving his vehicle with his family,
and that they would be prosecuted.
Senior police officials treated the prohibition on torture and
physical abuse seriously, but lack of supervision and training through
much of the law enforcement and corrections systems undercut efforts to
contain the problem. Physical abuse of detainees, most commonly
beatings, as well as the use of different types of torture to obtain
confessions from detained suspects, continued to be a problem.
Lawyers from the National District prosecutor's office were
supposed to monitor the investigative process to ensure that detainees'
rights were respected in high-volume police stations and in several
National Drug Control Directorate (DNCD) offices. Assistant prosecutors
at times reportedly acquiesced in improper police practices rather than
insisting they be changed to conform to constitutional standards.
Prison and Detention Center Conditions.--While prison conditions
ranged from fair to extremely harsh, the government made advances with
newer ``model prisons'' known as Correctional and Rehabilitation
Centers (CRCs) where prisoners experienced improved conditions in
comparison with other facilities. The CRC program had 14 model prisons,
based on the concept that most detainees will eventually return to
their communities, and thus the CRCs should serve to prepare them for a
second opportunity in life. The CRCs, which held 19 percent of all
prisoners, strove to provide educational, labor, and artistic
opportunities necessary to rehabilitate detainees in a setting of
respect and discipline. In contrast to the traditional prisons, the
model prisons were run entirely by trained civilian guards, were not
overcrowded, and met the basic nutritional needs of inmates.
According to the director of prisons, per capita expenditure for
CRC prisoners was three times more than that spent in conventional
prisons. However, this improvement for some prisoners came at the
expense of others in the system, because when a facility was converted
to a model prison, excess or dangerous inmates were transferred to
other locations, increasing the strain on the already overcrowded
prison system.
According to the Directorate of Prisons, there were 21,610
prisoners and detainees--of whom 604 were female--held in 41 prisons,
with an intended capacity of 11,055. Of the 41 prisons, 27 were
traditional prisons and 14 were model prisons. The new CRCs held 4,208
of these prisoners. Virtually all prisons, other than the CRCs,
experienced extreme overcrowding. La Victoria prison, the largest in
the country, held 5,390 prisoners in a facility designed for 2,000.
Najayo men's prison, the second largest in the country, was built for
950 prisoners and held 2,893 prisoners. La Romana appeared to be the
most overcrowded prison, holding 719 inmates in a prison with an
intended capacity of 91. Air circulation was a problem, and the danger
of a fire was high.
Reports of mistreatment and inmate violence in prisons were common,
as were reports of harassment, extortion, and inappropriate searches of
prison visitors. Health and sanitary conditions were poor, and some
prisons effectively were out of the control of authorities and run by
criminal gangs of armed inmates. A common sentiment among prison
wardens at conventional prisons was that while the wardens may control
the perimeter, inmates often ruled the inside with their own rules and
system of justice. In general this situation differed from the CRCs,
where specialized prison guards increased control of prison areas. The
attorney general, who oversaw the model prisons, reported that the
incidence of corruption within the CRCs remained minimal.
Most inmates in conventional prisons begged for or purchased food
from persons in the vicinity of the prison or obtained it from family
members. However, the Director of Prisons indicated that a sufficient
amount of food was provided to the prisons for each inmate, but in most
prisons it was served earlier than the prisoners were accustomed to
eating. Prisoners often were not taken to their trials unless they paid
bribes to the guards, and visitors frequently had to bribe prison
guards in order to visit prisoners. Similarly, detainees had to pay
bribes to be allowed to attend vocational training offered at some
facilities. Prison officials accepted money in exchange for a
recommendation that a prisoner be furloughed or released for health
reasons. There were credible allegations that prisoners could obtain
early release on parole for a bribe.
Conventional prisons often did not provide adequate medical care to
inmates. According to the Directorate for the Control of Sexually
Transmitted Diseases and HIV/AIDS, only three prisons in the system
provided HIV/AIDS treatment and care services as of June 2010. However,
according to the director of the CRCs, out of the 14 model prisons, 13
had inmates with HIV/AIDS and all 13 provided HIV/AIDS treatment and
care services to those inmates. Inmates in the model prisons who had
severe cases of HIV/AIDS or terminal illnesses were transferred to
hospitals temporarily and often benefitted from requests made to change
penalties to house arrest.
No information was available about prisoner deaths during the year.
In 2010 none of the reported prisoner deaths was attributed to guards
and most were related to various illnesses, including tuberculosis and
HIV/AIDS.
Although a warden who reports to the attorney general was
technically responsible for running each prison, in practice police or
military officers (generally appointed for a period of only three to
six months and responsible for providing security) were usually in
charge of most conventional prisons. In 2010, approximately 80 percent
of prison guards were military or police officers rather than civilian
correctional officers, who were employed exclusively at the CRCs.
There were continued allegations of drug and arms trafficking,
prostitution, and sexual abuse within prisons. There continued to be
special sections within prisons where police officers convicted of
criminal activity, including a few known human rights abusers, were
held.
Female inmates generally were separated from male inmates. Half of
all female inmates were held in prisons only for women, and three of
the 14 CRCs were female-only. Conditions in the prison wings for women
generally were better than those for men. Female inmates were allowed
conjugal visits, and those who gave birth while incarcerated were
permitted to keep their babies with them for up to a year.
Juveniles were processed using specialized juvenile courts and
generally were held in one of seven juvenile facilities, although the
press reported that some juveniles were being held in regular prisons.
Although the law states that prisoners must be separated according
to the severity of the criminal offense, in general authorities did not
attempt to do so. Pretrial detainees were held together with convicted
prisoners in most cases, although in the CRCs convicted felons were
separated from those in preventive custody. The number of prisoners in
preventive custody was difficult to verify, as many prisoners were
still considered to be in preventive custody after an initial
conviction because they were awaiting an appeal. The law states that
the pretrial waiting period should not exceed three months, but it can
be extended up to 18 months in certain complex cases.
There were also insufficient efforts to segregate and provide
services to mentally ill prisoners, except in the case of the CRCs in
which the mentally ill were separated and received medical treatment,
including therapy, for their illnesses.
Prisoners had access to visitors and were permitted religious
observance. Prisoners could submit complaints about their treatment
verbally or in writing, and most often did so through family members,
lawyers, or human rights defenders. Complaints were referred to the
prison director and, if necessary, to the Directorate of Prisons.
Contrary to prior reports, NGOs indicated that representatives from
district attorney offices rarely visited the prisons.
The government permitted prison visits by independent human rights
observers and the media, and such visits took place during the year.
d. Arbitrary Arrest or Detention.--The criminal procedures code
(CPC) prohibits detention without a warrant unless a suspect is
apprehended during the commission of a criminal act or in other limited
circumstances. By law authorities may detain a person without charges
for up to 48 hours. However, arbitrary arrest and detention continued
to be problems, and there were numerous reports of individuals held and
later released with little or no explanation for the detention.
Role of the Police and Security Apparatus.--The National Police,
the National Department of Intelligence (DNI), the DNCD, the Airport
Security Authority (CESA), the Port Security Authority (CESEP), the
frontier guards (CESFRONT), and the armed forces (army, air force, and
navy) form the security forces. The Secretariat of Interior and Police
is responsible for making policy decisions affecting the police force.
The military, CESA, CESEP, and CESFRONT are under the minister of the
armed forces; the DNI and the DNCD, which have personnel both from the
police and military, report directly to the president.
Authorities fired police officers or prosecuted them in the
criminal justice system when found to have acted outside of established
police procedures. The police statistics center reported that
authorities dismissed 357 police officers as a result of bad conduct,
fired 17 for misconduct requiring litigation within the police judicial
system, dishonorably discharged three others, and dishonorably
discharged 38 officers whose cases were prosecuted through the civilian
judicial system.
The Internal Affairs Unit effectively investigated charges of gross
misconduct by members of the National Police. These cases involved
physical or verbal aggression, death threats, improper use of a
firearm, muggings, and theft. Internal Affairs conducted 1,092
investigations during the year. Of these, 301 were for excessive use of
force, 296 for aggression, 251 for death threats, and 244 for police
corruption. The investigations resulted in 209 dismissals and 725
sanctions. Prosecution or investigation of high-level officials
suspected of involvement in illicit activities was not pursued.
Training for military and DNCD enlisted personnel and officers, as
well as members of the national police, included instruction on human
rights. A total of 2,422 police officers underwent human rights
training during the year. The NHRC provided its annual training on
human rights to a group of 25-30 police officers. The Director of the
Graduate School of Human Rights and International Humanitarian Rights
reported that the school trained 1,310 persons, of whom 1,145 were
military and 165 were civilian, during the year. The school also has
postgraduate programs in which military members and civilians from
Congress, district attorney offices, the Supreme Court, government
ministries, the National Police, and the Central Electoral Board
participate.
Arrest Procedures and Treatment While in Detention.--Similar to its
predecessor, the 2010 constitution provides that an accused person may
be detained for up to 48 hours without a warrant before being presented
to judicial authorities. It also provides for recourse to habeas corpus
proceedings to request the release of those unlawfully held. The CPC
establishes a more restrictive 24-hour time limit in which to make
formal charges, which was generally observed. Any prisoner detained for
more than 48 hours without being formally charged is entitled to file a
motion of habeas corpus. The presiding judge at the habeas corpus
hearing is empowered to order the prisoner's release when the prisoner
has been detained for more than 48 hours without being formally charged
or when there is insufficient evidence that the arrestee committed a
crime that warrants further detention. The judge's decision to release
a prisoner is subject to appeal by the district attorney.
The law also permits police authorities to apprehend without an
arrest warrant an accused person when the person is caught at the
moment of committing a crime or could be reasonably linked to a crime
(e.g., escaped from prison or detention facility, hot pursuit).
Despite the foregoing provisions, at times the police detained
suspects for investigation or interrogation longer than 48 hours.
Police often detained all suspects and witnesses in a crime and used
the investigative process to determine the individuals who were
innocent and merited release and those whom they should continue to
hold. Even so, successful habeas corpus hearings reduced these abuses
significantly.
Although previously granted only to a few defendants, bail became
more common under the CPC, which requires judicial review of detentions
at an earlier point in a criminal case, but the system proved
inadequate to prevent defendants from going into hiding. In some cases
observers suspected that the granting of bail and subsequent
disappearance of the suspect were due to corruption or inefficiencies
within the judicial system.
The 2010 constitution gives public defenders constitutional
recognition, and the law requires provision of counsel to indigent
defendants. However, most detainees and prisoners unable to afford
defense services did not have prompt access to a lawyer. The National
Office of Public Defense provided legal advice and representation to
indigent persons, but resource constraints resulted in inadequate
levels of staffing. Nationwide there were 22 public defense offices,
with 145 public defenders (down from 171 public defenders in 2010 due
to unfilled vacancies), 21 part-time defense lawyers, and eight
investigators. The government continued its program to train public
defenders on relevant changes caused by implementation of the CPC and
expanded training for prosecutors.
Police continued the practice of making sporadic sweeps or roundups
in low-income, high-crime communities, during which they arrested and
detained individuals without warrants, allegedly to fight delinquency.
During these sweeps police arrested large numbers of residents and
seized personal property allegedly used in criminal activity.
The law prohibits interrogation of juveniles by the police or in
the presence of police. Prosecutors and judges handled juvenile
interrogations.
Pretrial Detention.--Many suspects endured long pretrial detention.
Under the CPC the judge has authority to order a detainee to remain in
police custody between three months and one year. According to the
Directorate of Prisons, average pretrial detention typically was
between three and six months. Time served in pretrial detention counted
toward completing a sentence. The Public Ministry continued
implementing an automated case-tracking system that permitted
prosecutors to adhere more effectively to pretrial detention
regulations and thereby reduce the number of occasions when the CPC
time limits were exceeded. This system covered the 32 district attorney
offices.
The failure of prison authorities to produce the accused for court
hearings caused a significant percentage of trial postponements.
Inmates often had their court dates postponed because they were not
taken from prison to court or because their lawyer, codefendants, or
witnesses did not appear. The government did not provide funding to
transport all defendants between prison and court. Despite additional
protections for defendants in the CPC, in some cases authorities
continued to hold inmates beyond the mandated deadlines even though
there were no formal charges against them.
The judiciary opened model judiciary offices in La Vega, Santiago,
Moca, Bonao, Constanza, San Juan de la Maguana, and Puerto Plata.
Created to handle urgent matters in need of a judge (such as obtaining
an arrest or search warrant and conducting arraignments), these
judicial service offices were part of an effort to increase efficiency
and reorganize the courts so they operate in conformance with the CPC.
This reorganization proceeded at a steady pace.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, despite increasing independence in the
judiciary, instances of political influence in decision making were
still evident. Interference by public entities, when it occurred,
tended toward public pronouncements regarding active cases and
selective prosecution, as opposed to direct intervention in existing
cases. On occasion, however, it appeared that judges in superior courts
attempted to influence lower-court decisions. In addition corruption
continued to be a serious problem (see section 4).
The 2010 constitution mandated the creation within one year of a
Constitutional Tribunal composed of 13 judges to review the
constitutionality of laws and decrees, and on December 21 the National
Judicial Council (CNM) announced the selection of judges to serve on
it. The tribunal was a brand new institution, and its members had not
yet determined how they would operate, structure themselves, or agree
on procedures. The CNM also will select Supreme Court and
Constitutional Court justices based on factors such as general
reputation and time in service, although the politicized composition of
the council leaves open the possibility for appointments based on
political loyalties. Lower-court judges were appointed following
passage of rigorous entrance examinations, completion of a training
program, and successful completion of an examination. Public defenders
and public prosecutors were typically well qualified; their particular
organizations required passage of objective examinations for
employment.
Trial Procedures.--The law provides for a presumption of innocence,
the right of appeal, and the right to confront or question witnesses.
The law establishes a citizen's right not to be deprived of liberty
without trial or legal formalities or for reasons other than those
provided by law, the right against self-incrimination, and the right to
a defense in an impartial and public trial. Defendants have the right
to remain silent. The law also provides for a public defense attorney
for every person that cannot afford an attorney, but staffing levels
were inadequate to meet demand. Trials are public, but no juries are
used. According to the constitution and the law, defendants have the
right to be present and consult with an attorney in a timely manner.
There were credible allegations that authorities violated these
rights in some cases, but there was improved adherence to due process
as authorities became increasingly familiar with the modifications to
the CPC. The district attorney's office must notify the defendant and
attorney about the criminal charges as well as the evidence the
district attorney's office will present in court. Defendants and
attorneys have access to government-held evidence, but only after the
preliminary hearing, when the indictment is approved by the judge.
Military and police tribunals shared jurisdiction over cases
involving members of the security forces. While the tribunals have
jurisdiction over cases involving breaking internal rules and
regulations, civilian criminal courts handled cases of killings and
other serious crimes allegedly committed by members of the security
forces.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--Since 2005 the government
has refused to comply with a ruling by the Inter-American Court of
Human Rights that held that the country had the legal obligation to
recognize the citizenship of Dominican-born children of migrants under
its existing constitution, as well as under international conventions.
The government made the court-ordered payments to the two petitioners
but did not provide them with birth certificates.
In May 2010 the Inter-American Commission of Human Rights sent the
case of journalist Narciso Gonzalez, who disappeared in 1994, after
allegedly criticizing the government, to the Inter-American Court of
Human Rights, which heard the case on June 28-29. According to
Gonzalez's wife, the court had not rendered a decision as of December
29.
Civil Judicial Procedures and Remedies.--There are separate court
systems for claims under criminal law, commercial and civil law, and
labor law. Commercial and civil courts reportedly suffered lengthy
delays in adjudicating cases, although their decisions were generally
enforced. As in criminal courts, undue political or economic influence
in civil court decisions remained a problem.
Citizens had recourse to the remedy of amparo, an action to seek
redress of any violation of a constitutional right, including
violations by judicial officials. Although this remedy was rarely used,
except by those with sophisticated legal counsel, civil society and
journalists sought amparo in some major cases during the year.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary entry into a private
residence, except when police are in hot pursuit of a suspect or when a
suspect is caught in the act of committing a crime. The law provides
that all other entries into a private residence require an arrest
warrant or search warrant issued by a judge. In practice, however, the
police conducted illegal searches and seizures, including raids without
warrants on private residences in many poor Santo Domingo
neighborhoods.
Although the government denied using unauthorized wiretapping or
other surreptitious methods to interfere with the private lives of
individuals and families, human rights groups and opposition
politicians alleged that such interference continued.
Unlike previous years, no reports were received of cases in which
law enforcement officials punished family members for alleged crimes
committed by individuals.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice.
Freedom of Speech.--Individuals or groups generally were able to
criticize the government publicly and privately without reprisal,
although a national journalists' association reported threats against
and physical intimidation of journalists.
A group of journalists protested the government's 2010 closing of
Television Channel 53 as being politically motivated, and the owner won
an initial court victory; however, the government appealed, and the
owner did not pursue the matter.
Violence and Harassment.--The National Journalists' Union reported
that civil, police, and military authorities, criminals, and other
persons assaulted or threatened more than 70 journalists during the
year.
On February 16, six months after the closing of the weekly
newspaper Clave and its sister Internet publication Clave Digital,
Fausto Rosario Adames launched a new digital newspaper Acento.com with
the dual mission of reporting the news and encouraging reader
interaction via social networking software and reader contribution.
Upon closing the Clave group, Rosario Adames asserted that he had
received numerous death threats and had been the target of
assassination attempts, allegedly because of the controversial nature
of the Clave group's reporting critical of the police as well as
narcotics trafficking organizations.
On August 9, a police spokesman announced that the police had
identified a suspected drug trafficker, Avelino Castro, as the
instigator of the August 2 killing of Jose Silvestre Herasme, an
investigative journalist who frequently reported on drug trafficking
and the complicity of government officials in it. At year's end Castro
remained at large, although accomplices to the killing had been taken
into custody.
Also in August the Superintendent of Insurance, Euclides Gutierrez
Felix, threatened to sue advertisers on journalist Nuria Piera's
television program after she alleged that the official had refused to
pay his electricity bill. The threat prompted an outcry from local
journalists' organizations. Piera subsequently obtained a court
injunction ordering Gutierrez to desist from such actions against her
or any other journalist.
Censorship or Content Restrictions.--The 2010 constitution provides
complete protection of the confidentiality of journalists' sources and
introduced a ``conscience clause'' allowing journalists to refuse
assignments. Nonetheless, local journalists continued the practice of
self-censorship, particularly when coverage could adversely affect the
economic or political interests of media owners.
Internet Freedom.--There were no government restrictions on access
to the Internet. However, organizations that make up the Movement for a
Civil Registry Free of Discrimination complained that their Internet
and e-mail servers were hacked and telephone services interrupted in
the most decisive moments of their denouncement of denationalization
policies executed by the Central Electoral Board.
Individuals and groups could engage in the expression of views via
the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, but outdoor public
marches and meetings require permits, which the government usually
granted. On several occasions police officers used force to break up
demonstrations and killed or injured demonstrators or bystanders.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
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; however, there were some exceptions.
In-country Movement.--Local and international human rights groups
reported that potentially hundreds of thousands of persons without
proper documentation, including Haitian migrants and persons of Haitian
descent born in the Dominican Republic, faced obstacles in traveling
both within and outside of the country.
The Migration Directorate refused to release statistics on the
number of persons expelled to Haiti during the year. Throughout the
year government agents continued to violate due process or internal
human rights guidelines, despite the terms of a bilateral agreement
with Haiti regarding repatriation of undocumented Haitians and express
instructions from the Director of Migration to follow the guidelines.
On October 19, President Fernandez promulgated regulations that
partially implement the 2004 Migration Law. The new regulations define
the bureaucratic bodies that handle migration issues, call for the
registration of all foreigners in the country, mandate the registration
of babies born to nonresident foreigners in a special registry (the
pink book), set forth the requirements for obtaining legal residency
status, lay out a scheme for importing temporary labor (making
employers responsible for the return of workers they bring in), and
explicitly reiterate existing policy that subjects all illegal migrants
to deportation/expulsion.
The new migration regulations were most noteworthy, however, for
what they do not address: the provision in the 2004 Migration Law that
requires the government to develop a National Regularization Plan aimed
at regularizing the immigration status of illegal migrants who have
resided in the country for a significant amount of time. Nor do the
regulations address a possible ``path to citizenship'' for the
Dominican-born children of illegal migrants, as an earlier draft did.
Protection of Refugees.--Access to Asylum.--The government
established a system for providing protection to refugees but has not
implemented it effectively. An applicant for refugee status must be
referred by the National Office of Refugees in the Migration
Directorate to the Technical Subcommittee of the National Commission
for Refugees, which is chaired by the Foreign Ministry. The
subcommittee has the responsibility of making a recommendation to the
commission, consisting of members from the Foreign Ministry, the DNI,
and the Migration Directorate. The full commission has the
responsibility for the final decision on the application but met only
twice during the past 16 years. Despite a commitment from the
government to officially reactivate the commission, no action was taken
during the year. At the U.N. High Commission for Refugees (UNHCR)
ministerial meeting in December, the government again pledged to
continue the work of the commission and to continue collaborating with
UNHCR in evaluating asylum claims.
The UNHCR estimated that there were between 400 and 600 pending
asylum cases, nearly all made by Haitians. Some of these cases had been
awaiting decision since 2000, but five cases were approved (three
Russians, one Haitian, and one Guatemalan) in 2009, and 25 new cases
were filed during the year. According to NGOs, hundreds of other asylum
seekers submitted claims that had not been processed, leaving those
individuals in a state of legal limbo for years. Most of these
individuals lacked documentation sufficient to obtain permission to
work legally and to exercise other rights, such as obtaining
documentation for their children. In addition to the pending asylum
seekers, UNHCR estimated that there were approximately 100 Haitian
refugee families recognized by UNHCR who were granted residency and
refugee documentation by the government. Since 2000, there have been
allegations that the rights of these refugees have been gradually
withdrawn as a result of the government's failure to renew refugee
documentation.
Nonrefoulement.--Although the government provided some protection
against the expulsion or return of persons to countries where their
lives or freedom might be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion, there was still a risk of deportation. Protection
generally applied to individuals who gained access to the refugee
process and had been issued proof that they were refugees or had
applications pending. The documents provided do not bestow significant
legal rights, such as residency, nor do they prevent disruption of
educational studies past eighth grade to children of refugees. Due to
lack of training, these documents may not be recognized by all
officials who might apprehend such a person.
Children born to Haitian refugees--even those born to holders of
migration documents--were routinely denied birth certificates as well
as education, health, and security documentation.
Stateless Persons.--The 2010 constitution provides that anyone born
in the country is a Dominican national, except children born to
diplomats, children born to parents who are ``in transit,'' or children
born to parents who are in the country illegally. The exception for
children of parents illegally in the country was an addition to what
the previous constitution provided and reflected a 2004 migration law
and a 2005 Supreme Court ruling that children born to parents who were
in the country illegally did not qualify as citizens. Thus, even before
implementation of the new constitution, authorities denied children of
illegal migrants Dominican nationality. Before 2004, however, migration
laws granted ``in transit privileges'' to foreigners who entered the
country ``with the principal intention of proceeding through the
country to an exterior destination.'' The regulations further specified
that a ``period of 10 days will normally be considered sufficient to
allow passage through the Republic."
Adoption of the 2004 General Law on Migration redefined the phrase
``in transit.'' Under this law, the constitutional exception that
denied nationality to Dominican-born children of persons in transit no
longer applied just to parents that were transiting through the country
for a period of 10 days or less, but instead considered all
nonresidents as being in transit. The law broadly defined nonresidents
to include not only tourists and temporary foreign workers, but also
persons with expired residency visas and undocumented migrant workers.
It not only affected the prospective right of Dominicans of Haitian
descent to Dominican nationality, but also affected Dominicans of
Haitian descent who already had Dominican nationality. This is because
the civil registry began retroactively applying the law to Dominican
citizens, interpreting the in transit exception to the detriment of
thousands of Dominican families of Haitian origin. Prior to that,
children of Haitian migrant workers born in the country were issued
birth certificates and other identity documents. In 2006 government
policy directives formalized the retroactive application of the 2004
Migration Law and the denial of identity documents to formerly
recognized Dominicans of Haitian descent. As a result, the descendants
of Haitian migrants who worked and settled in the country throughout
the 20th century--who were born in the country prior to 2010 and
enjoyed a right to Dominican nationality--faced an increased risk of
becoming stateless.
Haitian consulates reported that they were legally authorized to
register only those births that were declared within two years of a
child's birth. Parents declaring a birth were required to submit valid
forms of identification in order to file a claim. These requirements
could not be met by a significant number of persons of Haitian descent
in the country, and thus their children remained undocumented.
Consequently, potentially hundreds of thousands of Dominican-born
persons of Haitian descent were de facto stateless.
In 2009 the government informed the U.N. Human Rights Council that
an estimated 900,000 to 1.2 million undocumented immigrants, mostly of
Haitian descent, were in the country, although some officials asserted
that the actual number may be closer to 2 million. The International
Organization for Migration estimated that following the January 2010
earthquake in Haiti, there was an influx of approximately 130,000
additional undocumented migrants, and the Migration Directorate
estimated that the number was closer to 200,000.
At the U.N. Universal Periodic Review in 2009, the government
asserted it was a ``moot point'' whether children born of Haitian
parents who were legal permanent residents in the country could be
registered as Dominican nationals because the Haitian government did
not recognize dual nationality. The Haitian Constitution establishes
that any person born to Haitian parents is a Haitian citizen and
prohibits dual citizenship, calling for the automatic revocation of
Haitian citizenship upon acquiring citizenship from another country--
the exception being children who may retain dual nationality until a
certain age when they must choose a nationality.
Dominican-born persons of Haitian descent who lacked citizenship or
identity documents faced obstacles in traveling both within and outside
of the country. In addition undocumented persons cannot obtain the
national identification card (cedula) or a voting card. Persons without
a cedula had limited access to formal sector jobs, public education
past the eighth grade, marriage and birth registration, formal economy
services such as banks and loans, access to courts and judicial
procedures, and ownership of land or property.
Government officials continued to take strong measures against
citizenship for persons of Haitian descent born in the Dominican
Republic, including refusing to renew or cancelling birth and identity
documents, many pertaining to persons of Haitian descent. The
government stated that such cancellations were based on evidence of
fraudulent documentation, but advocacy groups alleged that the
revocations targeted persons whose parents were Haitian or whose names
sounded Haitian and constituted acts of denationalization. Two human
rights NGOs, MUDHA and SJRM, identified 457 and 1,584 cases,
respectively, of denationalization in four municipalities and indicated
that in many of these cases the laws were being implemented
retroactively.
On October 28, the Central Electoral Board (JCE) announced that
birth certificates could be issued to those persons whose documentation
was under investigation, until the courts reached a decision on
validity. NGOs reported varying degrees of implementation of this new
policy, possibly due in part to limited publication. Additionally, NGOs
indicated that this policy applied only to persons requesting documents
to be able to attend school and not to those requesting birth
certificates in order to obtain other national identity documents.
After a November 2 Supreme Court ruling in which the court refused to
hear the appeal of Emildo Bueno Oguis, born in the country in 1975, in
his case against the JCE for refusal to issue him his birth
certificate, the JCE reverted to its previous policy of non-issuance.
In 2007 the JCE also created a registration system known as the
pink book that allowed children born in the country of parents who were
not legal residents to receive a special birth certificate. Such
children whose parents had documentation from their home country may be
registered in the book, after which the parents would be given an
official report of birth, which does not confer citizenship. Local and
international NGOs reported that since implementation of the pink book,
hospitals and civil registries did not register numerous children of
Haitian migrants and their descendents. An estimated 10,000 to 20,000
children are born to Haitian migrants and their descendants each year,
but few of the children registered in the pink book are of Haitian
descent. NGOs reported that some Haitian parents who were in the
country legally, and whose children were Dominican nationals under
Dominican law, were required to register their children's births in the
foreigner's book.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of nearly
universal suffrage. Active-duty police and military personnel may not
vote or participate in partisan political activity.
Elections and Political Participation.--Recent Elections.--In May
2008 PLD candidate Leonel Fernandez won the presidency in an election
described as generally free and fair by the Organization of American
States, other independent observers, and the government electoral
board. Observers also described the May 2010 congressional and
municipal elections as generally free and fair.
The next presidential elections are scheduled for May 2012, and on
December 21 the National Judicial Council named three new members to
the five-person Supreme Electoral Tribunal, which has final authority
to adjudicate questions over election issues.
Participation of Women and Minorities.--By law parties must reserve
for women 33 percent of positions on their lists of candidates for the
House of Representatives and city councils. There were four women in
the 32-member Senate, 37 women in the 183-member House of
Representatives, two women in the cabinet, and four women on the 17-
seat Supreme Court. The law requires each party's candidates for mayor
and deputy mayor to be of different genders, and there were 12 female
mayors and 145 female deputy mayors.
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
administration officials who engaged in corrupt practices were not
prosecuted, although some were removed from office and others were
submitted to the Department for Prosecution of Corruption for
investigation. The World Bank's worldwide governance indicators
continued to reflect that government corruption was a serious problem,
and the World Economic Forum Global Competitiveness report also listed
corruption as the most problematic factor for doing business in the
country.
Government officials continued to be reluctant to investigate
seriously and prepare for trial cases involving senior government
officials of either the current or former government. The Attorney
General concluded 25 corruption cases against lower- and mid-level
officials, either by conviction or acquittal.
On many occasions police officials attempted to solicit bribes from
individuals facing arrest or imposition of fines. Local human rights
observers reported on a few occasions that immigration and police
authorities rounded up undocumented construction workers and other
manual laborers of Haitian origin or descent to extort money from them.
NGOs alleged corruption among the military and migration officials
stationed at border posts and checkpoints. These allegations were
substantiated in October when authorities arrested 14 immigration
inspectors and military personnel on charges of extorting money from
Haitian migrants. NGOs working along the border indicated that bribes
had returned to average levels of 3,000 to 5,000 pesos ($79 to $131).
The Court of Accounts submitted more than 10 audit reports to
Congress with significant findings of misuse of public funds and lack
of proper procedures. These reports corresponded to actions taken
between 2006 and 2009 and implicated both municipal authorities as well
as members of the central government. Some of the implicated persons
have been brought before the courts, while other cases were still under
investigation. The use of nonjudicial sanctions continued. These
measures included the dismissal or transfer of armed forces members,
police officers, judges, and other minor government officials engaged
in bribe-taking and other corrupt behavior. Society's widespread
attitude of tolerance toward at least some forms of corruption
complicated the effort to reduce corruption.
The Commission for Ethics and Combating Corruption continued to
operate, although with minimal practical results as it lacked well-
defined authorities and decision-making structures.
The law requires that the president and vice president, members of
Congress, some agency heads, and other officials such as mayors and
council members, as well as income tax and customs duty collectors,
make declarations of their personal and real property within a month of
being hired, as well as when they ``end their responsibilities.'' The
new constitution further requires public officials not only to declare
their property but also to explain its provenance, and government
officials generally complied with the law. The Department for
Prosecution of Corruption, an office within the Public Ministry, is in
charge of reviewing these declarations. There are no criminal penalties
for breaches of this law, and the power given to administrative
authorities to withhold wages can only be applied to those agencies
that depend on the executive branch, not to various other institutions
with budgetary independence. On the whole, judges were not effective in
punishing those responsible for corruption.
The 2010 constitution provides for public access to government
information. The law places limits on the availability of such
information only under specified circumstances (such as to protect
national security). It also provides for penalties of up to two years
in prison and a five-year ban from positions of public trust for
government officials who obstruct access to public information. A court
may review the decision of an agency to deny access to information.
While often timely, responses were also often incomplete, and the
government rejected subsequent requests. Moreover, there was little
consistency in the determination of what was considered public
information and what was not, due to the lack of a single oversight
agency, and statistics on the number and outcome of requests were
difficult to find.
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. While government
officials generally were cooperative and responsive to their views,
human rights groups who advocated for the rights of Haitians and
persons of Haitian descent were an important exception and faced
occasional government harassment and threats. Furthermore, certain
groups were relegated to operating without the use of government
funding, often as a result of their perceived antagonistic nature
towards the government.
Government Human Rights Bodies.--The 2010 constitution establishes
the position of ombudsman, although the government never implemented a
2001 law mandating the creation of a human rights ombudsman's office.
The ombudsman's functions as outlined in the constitution are to
safeguard the fundamental human rights of persons and to protect
collective interests established in the constitution and the law.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the new constitution prohibits discrimination based on
race, gender, disability, language, and social status, such
discrimination existed, and the government seldom acknowledged its
existence or made efforts to address the problem.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and provides penalties for rape ranging from 10
to 15 years in prison (or 10 to 20 years in cases of rape of a
vulnerable person, a child, or if rape occurred under other egregious
circumstances) and a fine of 100,000 to 200,000 pesos ($2,620 to
$5,240). Despite the law, rape was a serious problem. Survivors of rape
often did not report the crime, due to fear of social stigma, fear of
retribution, and the perception that the police and the judicial system
would fail to provide redress. The state may prosecute a suspect for
rape even if the victim does not file charges, and rape victims may
press charges against spouses. However, police were reluctant to handle
rape cases and often encouraged victims to seek assistance from NGOs.
Despite some government efforts to improve the situation, violence
against women continued to be pervasive and increased during the year.
The Santo Domingo District Attorney's statistics office reported 7,112
cases of violence against women in the National District alone. In 2010
there were more than 62,000 gender violence complaints reported to
authorities nationwide. Under the Law against Domestic Violence, the
state can prosecute rape, incest, sexual aggression, and other forms of
domestic violence. Penalties for these crimes range from one to 30
years in prison and fines from 700 to 245,000 pesos (approximately $18
to $6,420). A local NGO estimated that 20 percent of women between the
ages of 15 and 49 had been victims of physical abuse at some point in
their lives.
Assistant prosecutor for women's affairs Roxanna Reyes said that
the number of cases of violence against women has exceeded the
prosecutor general's capacity to deal with the situation and that the
number of femicides indicated an emergency situation that required
attention and a resounding response. She stated that more than 1,200
women lost their lives in gender-based violence during the last five
years, 80 percent of whom had never filed a complaint with the
prosecutor general. As of August, 157 women had died as victims of
violence, of which 86 occurred due to violence in the home. In October
a women's rights organization, the Center for Legal Services for Women,
reported 130 women killed as a result of domestic violence since the
beginning of the year, while media reports stated that there were 226
women killed during the entire year.
The Attorney General's Office oversees the specialized Violence
Prevention and Attention Unit, which has 14 satellite offices in the 32
provinces in the country. At these offices survivors of violence could
file criminal complaints, obtain free legal counsel, and receive
psychological and medical attention. Police were instructed to forward
all domestic violence and sexual assault cases to these offices. Each
office had professional psychologists on staff to counsel victims of
violence and to assess the threat of impending danger associated with a
complaint. These offices had the authority to issue temporary
restraining orders immediately after receiving complaints and to serve
as messengers for the victims, which prevented contact between the
victim and the abuser.
The National Directorate for Assistance to Victims coordinated
efforts of official and nongovernmental institutions offering services
to survivors of violence. It had three offices in Santo Domingo and two
others elsewhere. These offices not only accepted criminal complaints
from survivors of violence throughout the country but also provided
counseling and protection services and, when necessary, referrals to
medical or psychological specialists. The Secretariat of Women and
various NGOs conducted outreach and training programs on domestic
violence and legal rights.
The Secretariat of Women operated two shelters for domestic
violence survivors in undisclosed locations, where abused persons could
make reports to the police and receive counseling. The shelters
provided women with short- and mid-term assistance to escape violent
situations. In addition the Secretariat of Women oversaw 61 legal
support offices, nine of which were in the National District, to
provide legal assistance to women with gender-based violence and
discrimination cases.
Sexual Harassment.--Sexual harassment in the workplace is a
misdemeanor and carries a possible penalty of one year in prison and a
fine of up to 10,000 pesos ($262); however, union leaders reported that
the law was not enforced, and sexual harassment remained a problem.
Sex Tourism.--Sex tourism existed throughout the country,
particularly in Las Terrenas, Cabarete, Sosua, and Boca Chica. NGOs
conducted education and awareness programs on the problem for hotel and
industrial zone workers, male and female prostitutes, and other high-
risk groups.
Reproductive Rights.--Couples and individuals had the right to
decide the number, spacing, and timing of children and generally had
the information to do so free from discrimination, coercion, and
violence. When available, contraceptives were provided without charge;
however, many low-income women used contraceptives inconsistently due
to both irregular availability of contraceptives from public agencies
and to social and religious bias against family planning. The
Population Reference Bureau reported a 60 percent rate of modern
contraceptive use among married women ages 15-49. Maternal mortality
remained high (at 100 deaths per 100,000 live births according to 2008
U.N. data), yet 98 percent of deliveries were attended by skilled
personnel. Despite the high percentage of hospital deliveries, there
were groups of women with limited access to qualified care.
Most maternal and neonatal deaths were due to poor quality of care
and failure to adhere to standard norms and protocols, resulting in
mismanagement of both normal and complicated deliveries. Most women had
access to some postnatal care, although the lack of postnatal care was
higher among young, uneducated women and those in the lowest economic
quintiles. In 2010 reports indicated that in poorer provinces such as
Pedernales, 29 percent of women received no postnatal care. Access to
diagnostic services and treatment of sexually transmitted infections
was limited by technical, financial, and management issues, which
equally affected both men and women. Approximately 15,500 persons
living with HIV/AIDS--the majority of whom were women--had access to
antiretroviral treatment.
Discrimination.--Although the law provides women and men with the
same legal rights, in practice women did not enjoy social and economic
status or opportunity equal to that of men. Men held approximately 70
percent of leadership positions in all sectors. On average women
received 44 percent less pay than men in jobs of equal content and
requiring equal skills. Some employers reportedly gave pregnancy tests
to women before hiring them, as part of a required medical examination.
Although it is illegal to discriminate based on such tests, NGO leaders
reported that pregnant women often were not hired and that female
employees who became pregnant sometimes were fired. There were no
effective government programs to combat economic discrimination against
women, and wage equality and estimated earned income fell during the
year.
Children.--Birth Registration.--Citizenship is acquired by birth in
the country, except by children born to diplomats, to those who are in
transit, or to parents who are illegally in the country (see section
2.d.). A child not registered at birth is undocumented until a late
declaration is made, and there were limitations on late declarations.
The most recent report from 2009 by the NGO Profamilia and the U.N.
Children's Fund indicated that 13 percent of children under age 15 were
not registered. Undocumented children, particularly those of Haitian
descent, faced challenges in accessing primary public education.
Child Abuse.--Abuse of children, including physical, sexual, and
psychological abuse, was a serious problem. The Attorney General's
Office has a special Children and Adolescents Unit, which maintained a
hotline where persons may call to report cases of child abuse. Few such
cases reached the courts, due to fear of family embarrassment, lack of
economic resources, or lack of knowledge regarding available legal
assistance. The Santo Domingo district attorney's office reported that
in most abuse cases, the accused was a person close to the child, such
as a family member or close family friend. The law provides for removal
of a mistreated child to a protective environment.
In July following media reports that CESFRONT members sexually
assaulted an 11-year-old girl in the border town of Jimani, the
attorney general and the Jimani prosecutor announced a joint
investigation with the leadership of the border corps. Reports
indicated that the girl received medical treatment and counseling
following the revelation; and authorities took three CESFRONT
personnel, whom the girl identified, into custody and held them for
trial. There was no indication that the authorities attempted to
identify or prosecute civilian perpetrators also alleged to be
involved.
Local observers believed that instances of child abuse were
underreported because of the widespread belief that such problems
should be dealt with inside the family. The law contains provisions
concerning child abuse, including physical and emotional mistreatment,
sexual exploitation, and child labor. The law provides penalties of
between two and five years' incarceration and a fine of three to five
times the monthly minimum wage for persons found guilty of abuse of a
minor. The penalty is doubled if the abuse is related to trafficking.
The government's National Directorate for Assistance to Victims
coordinated efforts of official entities and NGOs to assist children
who were victims of violence and abuse.
Sexual Exploitation of Children.--The law defines statutory rape as
sexual relations with anyone under the age of 18. Penalties for
statutory rape are 10 to 30 years in prison and a fine of 100,000 to
200,000 pesos ($2,620 to $5,240) if rape is committed against a child
or adolescent. The law also contains specific provisions that prohibit
child pornography and child prostitution, prescribing penalties for
sexual abuse of children of 20 to 30 years' imprisonment and fines from
100 to 150 times the minimum wage.
The government conducted several programs to combat the sexual
exploitation of minors, including notices in airports and targeted
programs in popular tourist locations. The Ministry of Labor continued
a program to combat such exploitation in popular tourist destinations
such as Boca Chica, Sosua, and Las Terrenas. These programs provided
psychological support and medical assistance, returned children to
classrooms, and reunited children with their families and communities
whenever possible. The programs also provided legal assistance to child
victims and their families to arrest and convict exploiters.
International Child Abductions.--The government is a party to the
1980 Hague Convention on International Child Abduction.
Anti-Semitism.--The Jewish community was very small, approximately
300-350 persons, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--Although the law prohibits
discrimination against persons with disabilities, these individuals
encountered discrimination in employment and in obtaining other
services. The law provides for physical access for persons with
disabilities to all new public and private buildings, but the
authorities did not enforce this provision. The Dominican Association
for Rehabilitation, which had 23 branches around the country, received
a large subsidy from the Secretariat of Public Health and from the
Presidency to provide rehabilitation assistance to persons with
physical and learning disabilities. The association cited the lack of
accessible public transportation for persons with disabilities as a
major impediment. The 2000 disability law states that the government
should ensure that people with disabilities have access to the labor
market and cultural, recreational, and religious activities.
Discrimination against persons with mental illness was common
across all public and private sectors, and there were few resources
dedicated to the mentally ill.
National/Racial/Ethnic Minorities.There was significant evidence of
racial prejudice and discrimination against persons of dark complexion,
but the government denied that such prejudice or discrimination existed
and, consequently, did little to address the problem.
There were also strong prejudices against Haitians, which
disadvantaged many Haitians and Dominicans of Haitian ancestry, as well
as other foreigners of dark complexion. Few government officials
acknowledged the existence of this discrimination; others regularly and
publicly denied that it existed.
Local NGOs reported incidents where darker-skinned persons were
denied access or services in banks, service in restaurants and stores,
entry into nightclubs, enrollment in private schools, and birth
registration in hospitals. The government's 2009 U.N. Universal
Periodic Review presentation asserted that the JCE's identity document
rulings focused on fraud and that Haitians in the country could receive
their identity documents in Haiti. The government also claimed there
were no grounds to state that black Dominicans were being repatriated
to Haiti and noted that authorities suspended repatriations on Fridays
to prevent employers from using this as a tool to avoid paying laborers
for the week's work.
Haitians continued to immigrate to the country in search of
economic opportunity and relief, especially following the January 2010
earthquake. However, the Migration Directorate continued to carry out
``devoluciones'' or ``returns'' of undocumented Haitians to Haiti.
Officials claimed that these removals should not be considered
repatriations or deportations, although the distinction between the two
was unclear. Some of those removed from the country reported that they
were denied the opportunity to demonstrate that they were legal
residents, to make arrangements for their families or property, or to
express a credible fear of persecution or torture if returned to Haiti.
NGOs reported that migration officials and security forces sometimes
confiscated and destroyed expellees' residency documents and passports
despite standing government orders to respect the human rights of the
expellees. In some cases expellees with appropriate legal documents
received permission to return.
Some Haitian immigrants and others lived in shantytowns or
sugarcane work camps known as bateyes. As in many poor areas in other
parts of the country, these were harsh environments with limited or no
electricity, running water, sanitary facilities, or adequate schooling.
In many bateyes medical assistance either was rudimentary or not
readily available, and clean water was rarely available. Many batey
residents, lacking documentation, felt they had little choice but to
remain in their communities, where they felt relatively safe from the
risks of deportation and harassment that existed elsewhere in the
country.
Private enterprises in the sugar sector continued to make
improvements at their facilities, a process that began in 2007,
including new schools and both new and renovated housing. In the
Barahona area, the sugar consortium opened the first phase of a new
housing facility for its seasonal employees. The first phase provided
secure housing for 280 employees, and a second phase is to double this,
providing safe housing for 560 employees. The facility is for employees
only and has a 24-hour medical clinic, a secure cashier from which the
employees can receive their wages, individual lockers and locks
assigned to each employee, restroom and shower facilities, a
multipurpose area for dining and training, and a recreation field.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Treatment of lesbian, gay,
bisexual, and transgender (LGBT) individuals ranged from ambivalent
tolerance to staunch homophobia. While no law criminalizes same-sex
consensual activity, members of the LGBT community continued to be
discriminated against in all areas of society, including health,
education, and work. No law protects individuals against discrimination
based on sexual orientation or gender identity. Transgender individuals
were particularly at risk of being victims of violence.
NGOs reported widespread social discrimination against persons
based on sexual orientation. Numerous credible reports indicated
members of the LGBT community were expelled from public school,
arrested without reason, fired from work, or denied access to rent or
own homes.
LGBT persons faced physical attacks, intimidation, harassment, and
threats of violence. NGOs reported that these groups were reluctant to
file charges or complain to authorities due to fear of reprisal or
humiliation. Several killings during the year were linked to the
victims' sexual orientation or gender identity.
During the year authorities often refused to allow LGBT individuals
to gather in public spaces, in particular the Duarte Park area of the
colonial zone in Santo Domingo. Government and community leaders
condemned gatherings of such persons, and police officials harassed
them when they attempted to gather.
Since the first gay pride celebration in 2001, authorities rejected
or delayed all other parade requests by gay and lesbian organizations.
Activists reported that these organizations substituted small informal
gatherings in recreational spaces, which did not require any type of
permission from authorities, for marches and other such gatherings.
Other Societal Violence or Discrimination.--On a number of
occasions in previous years, citizens attacked and killed alleged
criminals in vigilante-style reprisals for theft, robbery, or burglary.
These incidents were attributed to an increase in crime and the
inability of security forces to stem or combat it. Although no specific
cases attracted national attention during the year, given the common
perception that crime continued to rise, it is likely that episodes of
vigilante violence continued.
Persons living with HIV/AIDS faced discrimination in the workplace
and elsewhere. According to the U.N. agency UNAIDS, an estimated 62,000
people were infected with the disease in 2007. A 2008 study by the
Network of Persons Living with HIV, Profamilia, and Alianza Solidaria
revealed that, among the sample of persons with HIV who were
interviewed, 62 percent reported being the subject of gossip, 30
percent the victims of verbal aggression, 27 percent the victims of
verbal threats, and 14 percent the victims of attacks or physical
threats.
According to Human Rights Watch and AI, workers in many industries
faced obligatory HIV testing in the workplace or when seeking medical
care or medical insurance. Many workers or patients found to have the
disease were not hired or were fired from their jobs or denied adequate
health care. Although the law prohibits the use of HIV testing to
screen employees or for medical services unrelated to the disease,
there were no known instances where this was enforced, despite reports
that official complaints had been filed.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers with the right to form and join unions of
their choice, strike, and organize and bargain collectively. However,
it places several restrictions on these rights. The law prohibits
members of the military and police from forming and joining unions.
Although the law requires that unions be registered by the Ministry
of Labor in order to be legal, it provides for automatic recognition of
a union if the ministry has not acted on the application within 30
days. Public sector workers are allowed to form associations registered
through the Office of Public Administration, not the Ministry of Labor.
The law requires that 40 percent of civil servant employees agree to
join the union in a given government entity for it to be formed. The
law allows unions to conduct their activities without government
interference.
Formal requirements for a strike to be considered legal include the
support of an absolute majority of all company workers whether
unionized or not, a prior attempt to resolve the conflict through
mediation, written notification to the Ministry of Labor, and a 10-day
waiting period following notification before proceeding with the
strike.
Government workers and essential public service personnel are not
allowed to strike. The law defines essential public service personnel
as those working in communications, water supply, gas and electricity
supply for domestic and street lighting, and hospital pharmacists.
While the law requires that collective bargaining be used in firms
in which a union has gained the support of an absolute majority of the
workers, it does not allow for collective bargaining unless a trade
union represents an absolute majority of the workers and prohibits the
use of negotiations in general terms if the union does not represent an
absolute majority. The International Labor Organization (ILO)
considered this requirement to be excessive and an impediment to
collective bargaining. The ILO noted that the law did not specifically
address the right to collective bargaining of public servants not
engaged in the administration of the state.
The law prohibits antiunion discrimination and forbids employers
from dismissing an employee for organizing union activities, being a
member in a union or a committee discussion of a collective agreement,
or being part of a committee of a union in formation. Persons who join
unions must have legal documentation, although Haitian and other
migrant workers are covered by the labor code regardless of legal
status.
The labor code applies to foreign workers, those working as
domestics, and workers in the free trade zone, but restricts their
rights to certain employee benefits (see section 7.d).
The government failed to effectively enforce the law in many cases.
In June 2010 the National Council of United Unions brought a complaint
against the government before the ILO for obstructing the right to
unionize and to register unions in several companies. After reviewing
the case, the ILO requested that the government register several of the
unions, assuming all procedural requirements were met, and recommended
that the government amend legislation in order to allow unions of self-
employed workers or of contract workers to be founded and registered.
Following the filing of the ILO complaint, the ministry approved
the Workers Union of the Barrick Gold Corporation and other unions
whose registrations had previously been rejected. Although Barrick
recognized the union, the matter of collective bargaining remained
pending at year's end. Similarly, in the Frito Lay case, the company
had not responded to the union's request to use collective bargaining
by year's end.
The process for dealing with disputes through labor courts was
often long, with cases remaining pending for several years. Although
the government stated that there have been some improvements in this
process, unions noted that the process remained long. In smaller
municipalities the system could be shorter, taking about one year, but
in the more populated cities, including Santiago and Santo Domingo, the
process continued to take several years. Public officials continued to
report that the ministry's nonbinding conciliation process was the most
effective method for resolving worker-company disputes though other
sources reported that the conciliation process's effectiveness had
diminished. Various NGOs reported that companies took advantage of the
slow and ineffective legal system to appeal cases, which left workers
without labor rights protection in the interim.
There were some reports of violence against union members. In
particular, at IMT, a subcontractor of Barrick, workers were confronted
with guns, tear gas, sticks, and stones. Dozens of workers were
reportedly arrested, wounded, and fired, allegedly because they
attempted to form a union.
The law forbidding companies from firing union organizers or
members was enforced inconsistently, and penalties were insufficient to
deter employers from violating worker rights. Some NGOs continued to
report that workers who tried to form unions were routinely fired.
There were reports of harassment and intimidation by employers in an
effort to prevent union activity, especially in the free trade zones
(FTZs). In practice formal strikes were not common.
During the year there were reports of intimidation, threats, and
blackmail by employers to prevent union activity, as well as reports of
firing of workers for union activity and blacklisting of trade
unionists. Workers were often asked to sign documents agreeing not to
participate in union activities. Companies often created and supported
``yellow'' or company-backed unions to counter free and democratic
unions. In addition the use of short-term contracts and subcontracting
increased--often making union organizing and collective bargaining more
difficult. Few companies had collective bargaining pacts, partly
because companies created obstacles to union formation and could afford
to go through lengthy judicial processes that nascent unions could not
afford.
According to the National Council of Labor Unions, unions were
active in only 20 businesses out of approximately 200 companies in the
FTZs, and only six unions had established collective bargaining rights.
Unions in the FTZs reported that their members hesitated to discuss
union activity at work, even during break time, for fear of losing
their jobs. Unions accused some FTZ companies of discharging workers
who attempted to organize unions. The Dominican Federation of Free
Trade Zone Workers (FEDOTRAZONAS) reported that the management of
several companies or their subcontractors conducted public antiunion
campaigns, which included threats to fire union members, and engaged in
activities to forestall attainment of union membership sufficient to
establish collective bargaining rights under the labor code.
Various NGOs continued to report that many Haitian laborers and
Dominicans of Haitian descent in the agricultural and construction
industries did not exercise their rights, fearing firing or
deportation. Enforcement of documentation rules for union members was
lax, and a few labor unions represented a small number of Haitian
workers.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor but was not effectively
enforced. There were reports of forced labor of both children and
adults within the country, including reports that both adults and
children were forced to work as domestic servants. There were reports
of forced labor of adults in the service, construction, and
agricultural sectors. According to the Solidarity Center's 2010 Survey
on Household and Agricultural Work there were reports of forced labor,
including debt bondage, as well as other exploitive labor practices
such as the use of payment in vouchers.
Haitian workers' lack of documentation and legal status in the
country often placed them in a tenuous situation and made them
vulnerable to forced labor. Although specific data on the issue were
limited, there continued to be reports that some Haitian nationals may
have been subjected to forced labor in the service, construction, and
agricultural sectors.
There continued to be differing reports regarding whether or not
forced labor was still used in the production of sugar. NGOs and other
stakeholders stated that forced labor continued to occur, citing the
continuation of deceptive recruiting practices, nonpayment or payment
in vouchers that were difficult to convert into cash, and restrictions
on some workers' ability to leave plantations--including threatening
workers with deportation or imprisonment if they left the plantation,
withholding portions of pay, and/or withholding identity documents. In
contrast, an NGO that studied the sugar sector presented its
preliminary findings and noted that it had not found evidence of forced
labor, although it found that labor rights violations occurred and
extremely harsh working conditions on the sugar plantations existed.
Analysis of the data continued at year's end.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employment of children younger than 14 years of age and
places restrictions on the employment of children under the age of 16,
limiting their working hours to six hours per day. For those under age
18, the law limits night work and prohibited employment in dangerous
work, such as work involving hazardous substances, heavy or dangerous
machinery, and heavy loads. Minors are also prohibited from selling
alcohol, certain work at hotels, handling cadavers, and various tasks
involved in the production of sugarcane. Fines and legal sanctions may
be applied to firms employing underage children.
The Ministry of Labor in coordination with the National Council for
Children and Adolescents (CONANI) is responsible for enforcing child
labor laws. While the ministry and CONANI effectively enforced
regulations in the formal sector, child labor in the informal sector
was a problem largely beyond regulatory reach.
The National Steering Committee against Child Labor's plan to
eliminate the worst forms of child labor set objectives, identified
priorities, and assigned responsibilities to combat exploitive child
labor. Several government programs focused on preventing child labor in
coffee, tomato, and rice production; street vending; domestic labor;
and the sex industry. In the most recent information available (2010),
the Ministry of Labor reported that such programs helped reduce the
number of children exposed to the worst forms of child labor from 9.3
percent in 2004 to 6.4 percent in 2008.
Child labor remained a serious problem. In 2010 one NGO estimated
that 364,000 minors between five and 17 years of age worked illegally.
Child labor took place primarily in the informal economy, small
businesses, private households, and agriculture. In particular, there
were reports that children worked in the production of garlic,
potatoes, coffee, sugarcane, tomatoes, and rice.
NGOs and the Ministry of Labor also reported that many children
worked in the service sector in a number of jobs including as domestic
servants in households and as street vendors, as well as in shoe
shining and washing car windows. Children often accompanied their
parents to work in agricultural fields. The commercial sexual
exploitation of children remained a problem, especially in popular
tourist destinations and urban areas (see section 6, children).
Children also worked as domestic servants, and many were victims of
forced labor. There were credible reports that poor Haitian families
arranged for Dominican families to ``adopt'' and employ their children.
In some cases adoptive parents reportedly did not treat the children as
full family members, expecting them to work in the households or family
businesses rather than to attend school, which resulted in a kind of
indentured servitude for children and adolescents.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There were 14 different minimum
wages, depending on the industry. The minimum wage for workers in free
trade zones was 6,376 pesos ($1,674). The minimum wage for workers
outside the zones ranged from 6,035 pesos ($158) to 9,400 pesos ($247).
The minimum wage for the public sector was 5,117 pesos ($134) per
month. The daily minimum wage for farm workers covered by minimum wage
regulations, which included all agricultural products except sugarcane,
was 175 pesos ($4.60) based on a 10-hour day. Sugarcane workers were
subject to a special, lower minimum wage for the sugar industry of 110
pesos ($2.88) per 8-hour workday, an increase from 2009. Although no
official estimate of the poverty income level was available, one
estimate put the cost of the cheapest common basket of goods at over
10,000 pesos ($262) per month. All workers, including migrants, are
covered by minimum wage provisions.
The law establishes a standard work period of 44 hours per week and
stipulates that all workers are entitled to 36 hours of uninterrupted
rest each week. The law includes paid annual holidays and requires
premium pay for overtime, although enforcement was ineffective. The law
prohibits excessive or compulsory overtime. While the law requires that
employers provide a safe working environment, in practice workers could
not remove themselves from hazardous working situations without losing
their jobs, and employers may terminate an employment contract at will.
The labor code covers domestic workers, but does not provide for them
the payment of notice, severance, or bonus, and they are only
guaranteed the payment of two weeks' vacation after one year of
continuous work and the Christmas bonus. Workers in the free trade
zones are also covered by the labor code, but are not entitled to the
payment of bonuses.
In practice the Ministry of Labor did not always enforce the
minimum wage. The Dominican Social Security Institute (IDSS) sets
workplace safety and health conditions. Both the IDSS and the Ministry
of Labor had a small corps of inspectors charged with enforcing
standards. In 2010 the Ministry of Labor employed 222 labor inspectors.
Workers complained that workplace safety and health inspectors were not
trained, did not respond to their complaints, and more quickly
responded to requests from employers than workers.
According to the 2007 National Urban Labor Force study completed by
the Central Bank, the most recent national estimate available, about 54
percent of the workforce is in the informal sector, often outside the
reach of government enforcement efforts.
Mandatory overtime continued to be a common practice in factories
and was sometimes enforced through loss of pay or employment for those
who refused. The FEDOTRAZONAS reported that some companies set up
``4x4'' work schedules, in which employees work 12-hour shifts for four
days. With some exceptions, employees working the 4x4 schedules were
not paid overtime for hours worked in excess of maximum work hours
allowed under labor laws. The Ministry of Labor took no corrective
action to address this issue. Some companies also started a practice to
pay every eight days instead of every seven days, which resulted in a
loss of wages for workers.
On sugar plantations cane cutters usually were paid by the weight
of cane cut rather than the hours worked. Cane cutters continued to
suspect fraud by weigh station operators, although company officials
denied it. The amount of cane a worker could cut varied, but most young
able-bodied workers were able to cut two to three tons of cane in a
workday, yielding a daily wage of 160-240 pesos (approximately $4.19-
$6.29). Less able-bodied workers, who were often older, were paid only
for the amount of the cane they actually cut, even if the amount was
less than the minimum wage. During the six-month off-season, some
workers in sugar plantations remained in their communities and worked
part-time jobs clearing land or cleaning sugarcane. Such workers
generally were not paid the legally mandated minimum wage.
Conditions for agricultural workers were poor, with many workers
working long hours and exposed to hazardous working conditions
including the exposure to pesticides, excessive exposure to the sun,
and use of sharp and heavy tools. According to the Construction
Worker's Federation there were 939 reported accidents during the year,
an increase from 537 reported in 2010. Sugarcane workers often did not
receive medical services or pensions due to the lack of documentation
even though deductions were taken from their pay.
During the year, there were accidents that caused injury and death
to workers. Although comprehensive data were not available, there were
some reports of specific injuries of workers due to lack of sufficient
safety controls, including injuries due to a bale of raw materials
falling on an employee and machines falling on top of a worker.
__________
ECUADOR
executive summary
Ecuador is a constitutional multiparty republic with an elected
president and unicameral legislature. In April 2009 voters reelected
President Rafael Correa and chose members of the National Assembly in
elections that were considered generally free and fair. In May voters
approved amendments to the constitution in a process also considered
free and fair. Security forces reported to civilian authorities.
The main human rights abuses were use of excessive force by public
security forces, restrictions on freedom of speech and press, and
official corruption. President Correa and his administration continued
verbal and legal attacks against the media and increasingly used legal
mechanisms such as libel laws to suppress freedom of expression.
Corruption was endemic, especially in the judicial sector, and
officials engaged in corrupt practices with impunity.
The following human rights problems continued: isolated unlawful
killings, poor prison conditions, arbitrary arrest and detention,
corruption and other abuses by security forces, a high number of
pretrial detainees, and corruption and denial of due process within the
judicial system. Societal problems continued, including: physical
aggression against journalists; violence against women; discrimination
against women, indigenous persons, Afro-Ecuadorians, and persons based
on their sexual orientation; trafficking in persons and sexual
exploitation of minors; and child labor.
The government sometimes took steps to prosecute or punish
officials in the security services and elsewhere in government who
committed abuses, although political influence and a dysfunctional
judiciary resulted in impunity in some cases.
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 continued to be credible reports that security forces,
particularly police units, used excessive force and committed isolated
unlawful killings. The Ecumenical Human Rights Commission (CEDHU)
received 38 complaints of unlawful killings by security forces during
the year.
On July 25, Julio Antonio Baquerizo Reyes died after 41 days in a
coma due to injuries reportedly inflicted by local police. According to
Baquerizo's family, on June 11, two local police officers, Marcelo
Capurro and Jhonatan Obando, responded to a domestic dispute and
severely beat Baquerizo before leaving the scene. The family filed a
complaint that remained under investigation at year's end.
There were no developments in the case of the ``social cleansing
group'' of active-duty police officers that was reported on by the
government's Unit for the Fight against Organized Crime in 2010.
b. Disappearance.--There were no reports of politically motivated
disappearances.
A court dismissed charges related to the reported disappearance of
Georgy Hernan Cedeno Saltos in 2009. The victim's family submitted as
evidence the video of a routine polygraph test in which a police
officer confessed to killing Cedeno Saltos. The court ruled that the
video was obtained through illegal means and dismissed the case for
lack of evidence (for related torture case see section 1.c.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the constitution and laws prohibit torture and
similar forms of intimidation and punishment, some police officers
reportedly tortured and abused suspects and prisoners, at times with
impunity. In July 2010 the Ombudsman's Office acknowledged that
``torture is a practice that has taken root."
During the year the CEDHU registered 10 cases of alleged torture
and 305 cases of ``unwarranted physical aggression'' by security
forces. The CEDHU reported that police beat suspects and used tear gas
during arrests and that police beat and threatened suspects throughout
interrogations to force them to confess to crimes.
On March 2, Marco Luis Sovenis, who had been briefly detained by
the presidential guard on February 26, filed a complaint accusing the
president's bodyguards of beating him. Sovenis alleged that the guards
punched and kicked him.
On June 6, the government began the trial of 14 police officers in
the case of three siblings and their stepfather, Georgy Hernan Cedeno
Saltos, who accused members of the National Police Operations Support
Group of illegally detaining and torturing them in northern Quito in
2009. On July 19, the court announced that it found two police officers
guilty of torture and illegal detention, five others complicit in those
crimes, and another five participants guilty of a cover-up. The court
sentenced the police to jail terms ranging between two and 10 months,
although the minimum sentence for torture is three years. All of the
accused were released shortly after sentencing with credit for time
served.
The law and the constitution recognize indigenous communities'
right to exercise their own systems of justice based on their
traditions and customs. However, there were concerns that in some
instances indigenous punishments, such as floggings or cold baths,
violated human rights.
Prison and Detention Center Conditions.--Conditions in prisons and
detention centers generally were poor and tended to be worse in the
tropical coastal areas than in the temperate highlands. In 2010 then
minister of justice Jose Serrano stated that existing facilities were
overcrowded by 93 percent.
Overcrowding continued to be a problem in most prison facilities.
As of December the National Agency for Social Rehabilitation (DNRS)
reported that 43 facilities held 16,587 prisoners, compared with 11,800
the previous year. Pretrial detainees were held with convicted
prisoners. The government reported that there were 1,372 juvenile
prisoners but did not report on the number of female prisoners.
A number of prisons experienced serious outbreaks of disease, and
medical care was often inadequate. Chronic overcrowding and lack of
preventive health-care measures permitted disease to spread quickly.
The health care provided was minimal and sufficient only for
emergencies. Prisoners reported having to pay bribes to visit the
medical clinic and said they had no access to dental care. Many
prisoners reported problems with asthma due to dust and pollution and
said that they had no access to inhalers. The DNRS reported that 21
prisoners died during the year, compared with 42 deaths in 2010.
Prisoners reported widespread extortion by prison guards,
officials, and other prisoners. Prisoners are expected to pay bribes to
improve the quality or quantity of food they receive, to have access to
the prison medical clinic, or to change or improve the location in
which they are held. Some prisoners reported that the penitentiary did
not have a record of how long they had been incarcerated or how long
their sentence was. Most prisoners were not released upon completing
their sentence, but rather remained incarcerated for an additional
three to five months due to bureaucratic inefficiencies and corruption.
There were no improvements in recordkeeping during the year. Most
prisons continued to rely on paper files and lacked access to computers
and the Internet. Prisoners convicted of nonviolent crimes could have
their sentences reduced by 50 percent for good behavior and were
eligible for parole after serving 60 percent of the time of their
original sentence. There were no changes in alternatives to sentencing
for nonviolent offenders during the year.
According to a report by the international nongovernmental
organization (NGO) Prisoners Abroad, resources in the prisons were
minimal, and prisoners (and their families) were expected to provide
almost all mattresses, clothing, and medicines. Prisons provided three
very basic meals a day, but prisoners reported that the quality of food
could be very poor. Prisoners often supplemented these rations by
buying their own food. Prisoners had access to potable water.
While physical conditions were notably better in the Quito women's
prison than in men's facilities, according to the CEDHU, male guards
were responsible for guarding female inmates, and female inmates
reported that male guards requested sexual favors in return for
assistance. Detention centers provided day-care facilities for children
younger than three who could not be separated from their mothers.
Although in most instances the government permitted prison visits
by independent human rights observers, authorities occasionally did not
permit observers to visit prisoners. The DNRS stated that all properly
identified officials and representatives from NGOs were able to visit
prisoners, yet observers and authorities frequently were unable to find
prisoners because of poor recordkeeping and corruption of prison
officials. Prisoners were free to practice a religion, although
religious representatives were not always permitted to visit prisoners.
According to a report by Prisoners Abroad, prisoners were allowed all-
day visits three days a week and, in the men's prisons, women could
stay overnight every other Saturday.
Prisoners reported that it was nearly impossible to raise
complaints about their conditions to members of the prison staff.
Prisoners often feared reprisal and believed that their requests would
go unanswered. Authorities reportedly did not investigate allegations
of inhumane conditions. There were no prison ombudsmen. However,
prisoners had the right to appeal to local and national human rights
ombudsmen, although the limited resources of these entities hampered
their effectiveness in practice.
There were no developments in the government's 2010 pledge of $40
million (the U.S. dollar is the official currency) to construct new
prison facilities.
d. Arbitrary Arrest or Detention.--While the constitution prohibits
arbitrary arrest and detention, the law and some regulations adopted by
central or provincial authorities undermine the guarantees offered.
Role of the Police and Security Apparatus.--The National Police are
responsible in law and practice for internal security and law
enforcement and are under the authority of the Ministry of Interior.
National Police effectiveness was impaired by corruption, poor hiring
procedures, and insufficient training, supervision, and resources. In
January Human Rights Watch reported that ``impunity for police abuses,
including extrajudicial executions, is widespread.'' A police internal
affairs office investigates complaints against police officers and can
refer cases to the courts. Civilian authorities maintained effective
control over the police and armed forces.
Because of the critical crime situation, the president delegated
some internal security duties to the armed forces.
NGOs provided human rights training for police officers at the
request of the National Police. More than 10,000 members of the police
force were trained through monthly courses. The government continued to
improve the preparedness of police, including increasing funding and
salaries and purchasing equipment.
When mob violence took place, police sometimes failed to intervene
or respond in a timely fashion (see section 6, Societal Violence).
Following the September 2010 protest by the National Police, the
Prosecutor General's Office opened several investigations into threats
to internal security, murder, rebellion, sabotage, and attempts to
assassinate the president. Approximately 40 police officers were
sentenced on charges resulting from involvement in the protest, and the
investigations and trials remained underway at year's end. The National
Police also carried out internal investigations resulting in
administrative sanctions for police who disobeyed orders.
Arrest Procedures and Treatment While in Detention.--The law
requires authorities to issue specific written arrest orders prior to
detention and a judge must charge a suspect with a specific criminal
offense within 24 hours of arrest. Authorities generally observed this
time limit, although in some provinces immediate detention was often
considerably longer. Defendants have the right to be informed of the
charges against them. If the initial investigation report is
detrimental, the judge, upon the prosecutor's request, may order
pretrial detention.
Detained persons may challenge the legality of their detention
through a habeas corpus petition submitted to any judge in the locality
where the detention took place, and there is no time limit within which
a habeas corpus petition must be filed. The detainee may also request
bail or other alternatives to pretrial detention. Such alternatives
(for example, house arrest or probation) are allowed only in the case
of crimes punishable with prison terms of less than five years.
Authorities charged with determining the validity of detention
often allowed frivolous charges to be brought, either because they were
overworked or because the accuser bribed them. The system frequently
was used as a means of harassment in civil cases in which one party
sought to have the other arrested on criminal charges.
According to the constitution, detainees have the right to an
attorney or to request a court-appointed defense attorney. The
autonomous Public Defense Office provided legal services to defendants.
Civil society groups, lawyers' associations, and universities--some
contracted by the Public Defense Office--continued to provide support
for vulnerable groups that did not have access to legal defense.
Although the law prohibits incommunicado detention, human rights
organizations continued to report occasional violations. The law
entitles detainees prompt access to lawyers and family members, but
there were delays depending on the circumstances and officials'
willingness to enforce the law. Alleged narcotics traffickers commonly
waited 24 to 48 hours for these visits. Detainees with sufficient
resources bribed prison officials to facilitate access. The CEDHU
reported that Judicial Police facilities holding persons for
preliminary investigation did not allow visits by family or counsel.
Arbitrary Arrest.--The Regional Foundation for Human Rights Legal
Services reported numerous complaints of arbitrary detention. However,
most victims did not wish to pursue legal cases. Many victims chose not
to do so due to fear of reprisal, lack of resources, or little hope for
a fair trial due to judicial and police corruption.
Pretrial Detention.--The government estimated that 44 percent of
prisoners had not been sentenced. Trial delays were caused by lengthy
and complicated judicial procedures; corruption and poor training of
the police, prosecutors, public defenders, and judges; and general
judicial inefficiency. Many cases were abandoned because the victims
did not pursue a sentence, in part because of the cost of retaining
counsel and of bribing the appropriate judicial authorities.
e. Denial of Fair Public Trial.--While the constitution provides
for an independent judiciary, in practice the judiciary was susceptible
to outside pressure and corruption. The media reported on the
susceptibility of the judiciary to bribes for favorable decisions and
faster resolution of legal cases. Judges occasionally reached decisions
based on media influence or political and economic pressures.
On May 13, Minister of the Interior Jose Serrano threatened to
bring criminal charges against a judge for corruption and bias.
Serrano's accusations stemmed from the judge's ruling in favor of Cesar
Carrion, who was accused of attempting to assassinate the president
during the police protest of September 2010.
In some cases the outcome of trials appeared predetermined, and
there were credible allegations by defendants and the press that
verdicts delivered by judges were not actually written by them. In the
libel suit brought by President Correa against the newspaper El
Universo (see section 2.a.), the presiding judge published a 156-page
decision 25 hours after the hearing. In similar cases such decisions
usually take at least two weeks (and often significantly longer) to
produce. The defendants alleged that the decision was not written by
the presiding judge, but rather copied onto the judge's computer from
an external memory device. The defendants filed a complaint against the
judge that was under investigation by the Guayas attorney general at
year's end.
Trial Procedures.--Despite efforts to modernize the court system,
the judiciary continued to operate slowly and inconsistently. There
were lengthy delays before most cases came to trial. Judges reportedly
rendered decisions more quickly or more slowly due to political
pressure or, in some cases, the payment of bribes. The failures of the
justice system contributed to cases in which communities took the law
into their own hands, including mob violence against suspected
criminals.
Defendants are presumed innocent until convicted in a trial. There
are no juries in the justice system. All citizens have the right to a
public trial, to consult with an attorney or to have one provided, and
to appeal. Defendants may present evidence, invoke the privilege
against self-incrimination, and confront and cross-examine witnesses.
Defendants have the right to access evidence held by the police or
public prosecutor. However, in practice this right was not consistently
exercised because of many defendants' lack of knowledge of the right,
lack of preparation, or lack of legal representation. Authorities
generally failed to inform defendants of this right.
The regular court system tried most defendants, although some
indigenous groups tried members independently for violations of tribal
law. While the law and the constitution recognize indigenous
communities' right to exercise their own systems of justice based on
their traditions and customs, they do not specify how this right is to
be implemented. This parallel system raised questions of both
jurisdiction and conformity with the right to a fair trial, as well as
the possibility of inconsistent results between systems.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Civilian courts and the
Administrative Conflicts Tribunal, generally considered independent and
impartial, handle lawsuits seeking damages for, or cessation of, human
rights violations. However, civilian lawsuits seeking damages for
alleged wrongs by the state were rarely filed, since such suits were
time-consuming and difficult to prosecute, with judges taking up to a
decade to rule on the merits.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and the law prohibit such actions,
and the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the government restricted these rights in practice.
Freedom of Speech.--President Correa and his government continued
verbal and legal attacks against the press during the year. The
president regularly stated that the press was his ``biggest enemy'' and
increasingly filed libel lawsuits against journalists. He also publicly
encouraged government officials and private individuals to bring cases
against the media.
Generally, individuals could criticize the government publicly or
privately without reprisal. However, it is illegal to threaten or
insult the president or executive branch, and violators can be
reprimanded with six months' to two years' imprisonment or a fine of
$16 to $77.
On February 26, the presidential guard briefly detained Marco Luis
Sovenis after he shouted ``fascist'' at the president. In his weekly
address on March 5, President Correa stated: ``Like it or not, in this
country it is a crime to shout `fascist' at the president. We are going
to bring the relevant criminal charges.'' However, Sovenis was never
formally charged.
Freedom of the Press.--The independent media remained active and
expressed a wide variety of views, including those critical of the
government. The government owned at least 19 media stations and used
its extensive publicity to influence public debate. New laws also
limited the ownership of media companies.
Violence and Harassment.--The law mandates the broadcast of
messages and reports by the president and his cabinet free of charge.
The government regularly required media stations to broadcast
statements by the president and other leaders, and this reduced the
stations' paid programming. President Correa frequently used these
broadcasts and his public appearances to make personal attacks on
specific journalists, as well as to criticize the media, question its
competence and professionalism, and accuse it of bias. Journalists and
local press associations reported that the president's ``systematic''
verbal attacks against the media created ``a hostile environment for
journalists."
The press freedom NGO Fundamedios reported 156 cases of harassment
(threats, attacks, or arrests) against journalists or other
representatives of the press during the year.
On October 23, journalist Wilson Cabrera Riera was denied
permission to leave the country due to an outstanding warrant for his
arrest. Cabrera claimed that the warrant was baseless and had been
issued in a region of the country that he had never visited. Cabrera
was attempting to travel to the Inter-American Commission on Human
Rights (IACHR) to participate in a hearing about press freedom in the
country.
On November 9, Cesar Ricaurte, executive director of Fundamedios,
stated in an interview that he had received death threats following his
October 25 testimony at the IACHR regarding the situation of press
freedom in the country.
Censorship or Content Restrictions.--The relationship between the
press and the government was poor, and journalists working at private
media companies reported instances of indirect censorship and stated
that President Correa's attacks caused them to practice self-
censorship.
Private media companies reported that the government frequently
used tax and labor inspections to harass those companies that published
reports critical of the government. These investigations forced the
companies to undertake time-consuming and costly legal defense.
The government was the largest single advertiser in the country and
used advertising contracts to reward or punish media companies. Media
companies critical of the government reported receiving no government
advertising or having large contracts cancelled.
Journalists claimed that the broadcast frequency renewal process
became a subjective political evaluation of the station rather than a
technical review.
Libel Laws/National Security.--The government increasingly used
legal mechanisms against media companies, journalists, and private
individuals, including use of libel laws. Fundamedios reported 26
lawsuits against journalists or media companies since 2006, six of
which were filed during the year. Libel is a criminal offense under the
law with penalties of up to three years in prison, fines, and damages.
The law includes criminal libel charges, which may be used to
criminalize opinion. The reach of the law, however, including whether
it applies to opinion articles and whether media owners are liable for
statements made by reporters or others using their media platforms,
remained unclear and was under scrutiny in the El Universo and Hoy
cases.
On March 22, President Correa filed criminal libel charges against
the newspaper El Universo; its directors Carlos, Cesar, and Nicolas
Perez; and former opinion editor Emilio Palacio for an editorial
published on February 6. On July 20, a judge found the four defendants
guilty of libel and sentenced them to three years in jail and a
combined $30 million damages payment. The newspaper was assessed an
additional $10 million in damages. In late August Palacio fled the
country, reportedly because he feared he was in danger. In September
the Guayas Provincial Court upheld the initial verdict after the
defendants appealed. The defendants filed a second appeal with the
National Court of Justice. On December 28, the national court upheld
Palacio's conviction. A hearing for the separate appeal filed by El
Universo and its directors was pending at year's end.
On December 21, the Pichincha Criminal Court sentenced Hoy
newspaper director Jaime Mantilla Anderson to three months in prison
and a $25 fine based on a libel lawsuit filed by then Central Bank
chairman Pedro Delgado Campana. According to press reports, the case
was filed in 2009 on the claim that several articles published in the
newspaper harmed Delgado's reputation. Mantilla was sentenced after he
refused to disclose the names of the journalist or the sources. After
the ruling Delgado told the press that he would withdraw the charges,
but at the end of the year he had not formally submitted a request to
do so. Mantilla appealed the sentence.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
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 peaceful assembly. The
government generally respected this right in practice, although some
exceptions occurred. Public rallies required prior government permits,
which were generally granted with some exceptions. The government often
deployed a large security presence at demonstrations. Security forces
generally respected the rights of participants, but some exceptions
occurred.
The government increasingly filed legal charges or opened
investigations against protesters who blocked roads or impeded public
services, charging demonstrators with ``terrorism and sabotage'' or
similar charges that effectively criminalized protest. NGOs estimated
that 100 to 200 persons faced criminal charges for their participation
in protests.
On August 8, indigenous leaders Carlos Perez, Federico Guzman, and
Efren Arpi were sentenced to eight days in jail for illegally
obstructing roads and interrupting public services during an April 2010
protest.
On October 25, indigenous leader Marco Guatemal was arrested on
misdemeanor charges for illegally obstructing roads during an April
2010 protest. Guatemal was initially charged with terrorism, but the
charges were later reduced. A judge dismissed the case on November 10
due to lack of evidence after Guatemal spent 17 days in pretrial
detention.
In September 2010 indigenous leaders Pepe Acacho, Fidel Kaniras,
and Pedro Mashiant Chamik were charged with terrorism and sabotage for
allegedly inciting an indigenous protest that led to the death of Bosco
Wisuma in 2009. On February 1, the defendants were detained and
transferred to a jail in Quito. On February 8, a judge ruled the
detention ``illegal and arbitrary'' and released the defendants, who
had been fulfilling the terms of their probation. The defendants
remained on probation, and the case was pending at year's end.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice. The government continued mandatory re-registration of
domestic organizations based on a 2008 decree. The government
implemented new regulations for international NGOs that also included
re-registration.
The law provides the government discretion to dissolve
organizations (including civil society, foundations, and churches) on
multiple grounds, including compromising the interests of the state,
not posting the names of all of their members on a public Web site, or
not providing access to information requested by the government. NGOs
expressed concern that the government could use the collected
information to selectively prosecute NGOs that supported groups
critical of the government. NGOs also reported harassment with tax and
labor inspections.
c. Freedom of Religion.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations,
such as the International Organization for Migration, in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. Applicants
rejected in the refugee process have a legal right to appeal. After
appeals are exhausted, they have 30 days to leave the country.
On January 11, the Directorate for Refugees (DR) of the Foreign
Ministry added a step in its refugee application process to determine
the admissibility of a potential refugee's application. The new step
consists of a brief interview of the potential asylum seeker by a DR
staff member, after which the DR makes a preliminary determination as
to whether the applicant is eligible to apply. Only after admissibility
is determined can an applicant be given official status as an asylum
seeker.
The registration process frequently took more than a year,
particularly in areas outside of Quito. During the application process
an applicant does not have the right to work, leaving many asylum
seekers vulnerable to labor exploitation and sex trafficking.
Nonrefoulement.--The UNHCR reported six confirmed cases of
refoulement during the year.
Refugee Abuse.--The government reported that as of November there
were more than 55,000 recognized refugees in the country, the vast
majority of whom were Colombian. Refugees were vulnerable to crime,
social violence, and gender-based violence. Refugees reported
discrimination in employment and housing. Societal stereotypes cast
refugees as criminals and prostitutes, and this discrimination affected
refugees' ability to assimilate into the local population.
Access to Basic Services.--The law provides recognized refugees and
asylum seekers the same access to public health services as citizens.
The presentation of any identity document is sufficient to provide
access to public educational institutions. However, numerous NGOs
asserted that some local school authorities prohibited noncitizen
children from enrolling in school. Various NGOs reported that the Civil
Registry did not always cooperate in registering refugee children or
registering children of refugees born in the country, despite legal
requirements to do so.
Durable Solutions.--A small number of refugees in the country were
resettled to third countries during the year. Few refugees were able to
naturalize as citizens or gain permanent resident status due to the
expensive and lengthy legal process required.
Temporary Protection.--The government also provided temporary
protection to individuals who may not qualify as refugees and did so
for more than 13,000 persons during the year. The government and NGOs
provided humanitarian aid and additional services, such as legal,
health, education, and psychological assistance, to Colombians recorded
as having crossed the border during the year. Most government
assistance ended if official refugee status was denied.
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.--Recent Elections.--On May
7, citizens voted in a national referendum on constitutional changes
including reform of the judiciary and ownership and regulation of
financial and media institutions, as well as regulatory changes on
gambling, animal cruelty, and social security. The referendum was
considered free and fair by a small team of observers from the
Organization of American States (OAS), but there were delays and
irregularities in the vote-counting process. Local observers expressed
concern over violations of campaign spending rules.
Elections for offices at all levels of government, including the
presidency and the multiparty National Assembly, were held in 2009. OAS
and EU observers concluded that the elections were generally free and
fair, with local irregularities. Domestic observers also observed
elections throughout the country. Although the international and
domestic observation teams reported no major fraud, there were some
reports of missing or marked ballots, counting and vote-calculation
irregularities, and incidents of violence.
Participation of Women and Minorities.--The constitution provides
for state-promoted, gender-balanced representation in the public
sector, including in the lists of political parties' candidates for the
National Assembly and other representative institutions. The law
mandates that electoral lists be gender-balanced and structured in an
alternating male-female (or vice versa) pattern, both for primary and
stand-in candidates.
There were 42 women in the 124-seat National Assembly, 11 women in
the 28-member cabinet, and two female secretaries of state with the
rank of minister. There were seven Afro-Ecuadorians and indigenous
persons in the National Assembly but no Asian-Ecuadorians. There were
no Afro-Ecuadorians, Asian-Ecuadorians, or indigenous persons 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 government recognized extensive corruption in the judicial
branch and began a process to reform the judiciary. Academics and think
tank analysts said that legal cases were not processed unless the
police and judicial officials were bribed. There were media reports
alleging police corruption and extensive corruption in public contracts
and procurement. In June public officials accused the Ministry of
Public Health of paying dramatically inflated prices for the purchase
of mobile hospitals.
Labor leaders and business owners reported corruption among
inspectors (see section 7.d.).
The National Secretariat for Management Transparency is tasked with
investigating and reporting public complaints of corruption and with
promoting transparent practices in the public administration. The
Technical Secretariat for Transparency and the Fight Against Corruption
is also responsible for investigating cases of corruption.
On February 1, oil company Chevron filed a Racketeer Influenced and
Corrupt Organizations Act lawsuit in a U.S. court against plaintiffs in
a multibillion dollar environmental lawsuit then pending against the
company in Ecuador. The lawsuit alleged that plaintiffs, lawyers, and
consultants in the environmental case manufactured evidence and
conspired with judges to obtain a favorable ruling (see section 6,
Indigenous People).
On June 9, the First Criminal Court of the National Court of
Justice annulled proceedings against two attorneys representing Chevron
and seven former government officials related to allegations of fraud
in an environmental remediation release agreement between Chevron and
the government.
On August 22 and September 20, hearings were held in the case of
Juan Xavier Aguinaga, former undersecretary of foreign affairs for the
Ministry of the Coast Region, and several notary publics for alleged
involvement in the illegal naturalization of Cuban citizens. The case
remained pending at year's end.
Government officials are required to declare their financial
holdings upon taking office and if requested in an investigation, and
all agencies must disclose salary information annually.
The constitution states that all persons have the right to access
information about public or private organizations receiving state
funds. The law requires all organizations (public and private) that
receive public funds to respond to written requests for information,
publish specific information on their Web site, and submit an annual
report to the Ombudsman's Office that details their compliance with the
transparency law. As a result government agencies increasingly put
budget information, functions, organizational information, lists of
government officers, and official notices on the Internet in addition
to responding to written requests. However, requests for information
were not always granted in practice, and the government made
exceptions, stating that the requested information was not available.
Judges did not enforce the legislation requiring the government to
release 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
cooperated with the groups but often did not act on their
recommendations.
The government began a process to standardize requirements for
international NGOs to register and operate in the country, including
human rights groups. International NGOs were required to re-register
with the government under the new regulations. Some NGOs initially
expressed concern that the process would be used to shut down NGOs
perceived to oppose the government, but to date no NGO has reported
politically motivated sanctions based on the new regulation.
The government used public statements to criticize and attack the
credibility of specific international and local NGOs, as well as NGO
findings. Government officials, including the president, publicly
rejected findings published by the Inter American Press Association
(IAPA) and the IACHR's special rapporteur on freedom of expression. The
government also refused to meet with IAPA. On June 25, President Correa
stated that some NGOs undermine national security.
Government Human Rights Bodies.--The Ombudsman's Office, which the
constitution describes as an administratively and financially
independent body under the Transparency and Social Control branch of
government, focused on human rights problems. As of December the office
had 75 lawyers and regularly presented cases to the Prosecutor's
Office. The public perceived the Ombudsman's Office as independent, but
the office's effectiveness was limited by a lack of resources and
personnel.
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
fully enforce these prohibitions. Women; persons with disabilities;
indigenous persons; Afro-Ecuadorians; and lesbian, gay, bisexual, and
transgender (LGBT) persons continued to face discrimination.
Women.--Rape and Domestic Violence.--Although the law prohibits
violence against women, including within marriage, abuses were
widespread. In March 2010 the Ombudsman's Office released a report
stating that approximately 83,000 women annually suffered some sort of
violence or abuse. The report also noted that 7,000 women were
assaulted monthly and that more than 200 women were victims of some
sort of violence on a daily basis. According to the government's
campaign to stop violence against women, React Ecuador, Sexism is
Violence, eight out of 10 women are victims of physical, psychological,
or sexual violence at some time in their lives.
The law criminalizes rape and provides penalties of up to 25 years
in prison. Under family law spousal rape is considered a type of
violence and may be prosecuted under the criminal code. The penalty for
rape where death occurred is 12 to 15 years' imprisonment. The Office
of the Prosecutor received 5,036 reports of sexual crimes between
January and June. The National Police detained 1,285 individuals
accused of rape and filed 552 complaints. The Office of the Prosecutor
convicted 346 persons of rape between January and October. Many
instances of rape and sexual assault were not reported due to the
victim's reluctance to confront the perpetrator due to fear of
retribution or further violence and social stigma.
The most pervasive violations of women's rights involved domestic
and sexual violence. Although prohibited by law, both were widespread
and vastly underreported, again due to for fear of retribution, social
stigma, and further violence. Although authorities referred many women
who reported domestic abuse or sexual crimes to the judicial system,
cultural prejudices, financial dependence or lack of financial
resources, family pressure, and the victim's fear of testifying at a
trial contributed to a large number of charges against perpetrators
being dropped. Between January and June, 2,437 domestic violence
complaints were filed.
In April 2010 the government initiated the React Ecuador campaign,
which sought to eradicate gender violence by improving the justice
system, protecting victims of violence, and raising awareness of
violence against women as a human rights violation. A study published
by the campaign indicated that in 2009 approximately 64 percent of
deaths of women were due to gender-based violence. The second phase of
the campaign began in July 2010 and focused on the consequences of
domestic violence on children and adolescents.
Governmental joint service centers provided assistance on legal
issues, social and medical assistance, and police protection free of
charge to victims of domestic and gender violence. According to family
law, domestic violence may be punished with a fine for ``damages, pain
and suffering'' ranging in value from $264 to $3,960, depending on the
severity of the crime. The law also gives family courts the power to
remove an abusive spouse from the home if continued cohabitation
creates a risk to the victim of abuse.
Sexual Harassment.--Despite the legal prohibition of sexual
harassment, women's rights organizations described harassment in the
workplace as common. Between January and June 2010, the national police
received 325 reports and complaints of sexual harassment.
Reproductive Rights.--The law acknowledges the basic right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children. The law protects the sexual and
reproductive rights of women and calls for free prenatal care, family
planning services, and cancer screening. According to statistics from
U.N. Population Fund (UNFPA), 99 percent of women had skilled
attendants present during childbirth in 2009. However, the Ministry of
Public Health stated that approximately 62 percent of births to self-
identified indigenous mothers took place at home without professional
attendants in 2010. According to the UNFPA, the country's maternal
mortality rate was 140 deaths per 100,000 live births. Most deaths
during pregnancy or childbirth were due to obstetric complications,
high blood pressure, eclampsia, infections, or other abnormalities
during labor. Additionally, limited access to maternal health care for
women residing in rural and remote areas contributed to the high
maternal mortality rate.
The Maternal and Child Health Survey reported contraceptive
prevalence rates of 39 percent among women and 59 percent among married
women. The Population Reference Bureau reported in 2009 that more than
36 percent of modern contraceptive method users received these services
through government-sponsored programs. However, the government's Bureau
of Standards required special certification on imports of
contraceptives, which occasionally resulted in shortages and higher
prices.
Discrimination.--The constitution affords women an array of
economic, political, and social rights. The law stipulates that the
government should formulate and implement policies to achieve gender
equality, incorporate a gender focus into plans and programs, and
provide technical assistance to implement the law in the public sector.
Although women enjoyed the same legal status as men, women often
did not have equal rights in practice. Societal discrimination against
women was pervasive, particularly with respect to educational and
economic opportunities for older women and for those in the lower
economic strata. Women on average earned 39 percent less than men for
comparable work. They tended to be employed in the informal sector or
as domestic workers and thus enjoyed less stability and earned lower
wages. There were fewer women than men employed in professional work
and skilled trades. Women's advocates alleged that culture and
tradition inhibited achievement of full equality for women. Indigenous
women faced triple discrimination on the basis of gender, ethnicity,
and reduced economic status.
Children.--Birth Registration.--Citizenship is acquired through
birth in the country, birth to an Ecuadorian mother or father abroad,
or by naturalization. The Social Registry, the Ministry of Social and
Economic Inclusion, and the Child and Family Institute promoted a
campaign, Put Your Name Down, that registered approximately 60,000
children throughout the country in 2010. In 2009, according to the
Observatory of the Rights of Children and Adolescents, there were
300,000 unregistered children in the country. UNICEF estimated that
during the year 15 percent of children under age five in the country
were unregistered.
While the law prohibits schools from requesting civil registration
documents for children to enroll, some schools, mostly public schools,
continued to require these documents. Other government services,
including welfare payments and free primary health care, require some
form of identification.
Education.--According to the constitution, education is obligatory
through ninth grade and free through 12th grade. However, costs
associated with school, such as for uniforms and books, and a lack of
space in public schools prevented many adolescents from attending
school. In some provinces public schools denied entry to students due
to a lack of space.
Child Abuse.--According to the government, 21 percent of children
suffered some form of sexual abuse in 2009. Projects sponsored by local
NGOs reported that children living in the streets, many of whom came
from poor indigenous families, suffered from exploitative conditions.
Sexual Exploitation of Children.--The law prohibits child
pornography, with penalties of six to 16 years' imprisonment. The age
of consent is 14, and the penalty is 16 to 25 years' imprisonment.
Commercial sexual exploitation of minors remained a problem. While
adult prostitution was legal, brothel owners did not check ages of
their employees. As a result, some children worked in prostitution.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.
Anti-Semitism.--There were no reports of anti-Semitic acts. There
was a small Jewish community, including an estimated 250 families in
Quito, according to the local synagogue.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical, sensory, intellectual,
and mental disabilities and grants them priority and specialized care
in the public and private sectors. The interagency National Council on
Disabilities oversees government policies regarding persons with
disabilities. Although the law mandates access to buildings and
promotes equal access to health, education, social security,
employment, transport, and communications for persons with
disabilities, the government did not fully enforce it. The law requires
that 4 percent of employees in all public and private enterprises with
more than 25 employees be persons with disabilities. In 2010, according
to government information, only 35 percent of the 1,532 audited
companies complied with this law.
An initiative called Ecuador Without Barriers, led by the vice
president of the country, sought to create jobs for persons with
disabilities, provided funding to more than 200 municipalities to
improve access to public buildings, and opened training and
rehabilitation centers. The initiative also monitored the degree of
compliance by companies that hire persons with disabilities. In
addition to this program, the government was building centers for those
considered intellectually disabled. The caregivers of persons with
severe disabilities received a government monthly subsidy of $240.
The law directs the electoral authorities to provide access and
facilitate voting to persons with disabilities, and international
observers commended the government's accommodations for persons with
disabilities in the May 7 national referendum.
National/Racial/Ethnic Minorities.Afro-Ecuadorian citizens, who
account for approximately 7 percent of the population according to the
2010 census, suffered pervasive discrimination, particularly with
regard to educational and economic opportunity. The constitution
declares the state to be plurinational and affirms the principle of
nondiscrimination by recognizing the rights of indigenous, Afro-
Ecuadorian, and Montubio (a rural, farming population recognized as an
independent ethnic group) communities. It also mandates affirmative
action policies to provide for the representation of minorities. A 2009
executive decree calls for all public sector bodies to ensure that
``access to labor'' reflects the percentage of the population of
indigenous persons, Afro-Ecuadorians, and Montubios.
Afro-Ecuadorian organizations noted that, despite the absence of
official discrimination, societal discrimination and stereotyping
continued to affect them and resulted in barriers to employment,
education, and housing. For instance, Afro-Ecuadorians continued to
assert that police stopped them for document checks more frequently
than they stopped other citizens and that employers often would not
interview persons whose job applications carried Afro-Ecuadorian
photos.
The Corporation for the Development of Afro-Ecuadorians noted that
Afro-Ecuadorians still lacked access to basic education and that the
school registration rate for Afro-Ecuadorian children was below the
national average.
Indigenous People.--According to the 2010 census, 7 percent of the
population self-identified as indigenous. Indigenous organizations
estimated that up to 30 percent of the population maintained their
indigenous cultural identity and lived in indigenous communities. The
vast majority of indigenous citizens resided in rural areas, including
the highlands and Amazonian provinces. Indigenous persons continued to
suffer discrimination at many levels of society and, with few
exceptions, were at the bottom of the socioeconomic scale.
The law recognizes the rights of indigenous communities to hold
property communally. Land in many cases is titled to the indigenous
community. In other cases indigenous groups managed a reserve that the
government set aside for biodiversity protection. The government worked
with indigenous communities to help them gain titles to their lands.
The constitution grants indigenous persons and communities the
right to be consulted and participate in decisions about the
exploitation of nonrenewable resources that are located in their lands
and that could affect their culture or environment. Indigenous groups
claimed that newly passed or proposed laws covering mining, water
resources, and hydrocarbon resources did not take indigenous viewpoints
sufficiently into account and furthermore intruded upon indigenous
autonomy over their lands and resources. Although an April 2010 ruling
by the Constitutional Court requires the National Assembly to consult
with affected communities on water issues before the legislature can
vote on the draft laws, there was no mechanism for consultation.
The constitution allows indigenous persons to participate in the
benefits that natural resource extraction projects may bring and to
receive compensation for any damages that result. In the case of
environmental damage, the law mandates immediate corrective government
action and full restitution from the responsible company, although some
indigenous organizations asserted a lack of consultation and remedial
action.
Indigenous groups lobbied the government and mounted protests in
attempts to win a greater share of oil revenues and a greater voice in
natural resource and development decisions. Some indigenous leaders
faced criminal charges for participating in social protests (see
section 2.b.).
Although indigenous persons have the same civil and political
rights as other citizens, some of their leaders reported discrimination
and prosecution, including discrimination in access to higher education
and employment. The constitution strengthens the rights of indigenous
persons; it declares the state plurinational, recognizing Kichwa and
Shuar as ``official languages of intercultural relations,'' and
specifically recognizes indigenous justice. However, the lack of a
clearly defined relationship between indigenous justice and the regular
justice system led to legal conflicts between the government and
indigenous leaders.
Widespread environmental damage, in part due to deforestation and
petroleum production, constituted another serious problem. Settlers,
including those from other indigenous groups, drug traffickers, and
loggers, illegally encroached into indigenous territory. Corrupt local
officials, a lack of political will, and divisions among and within
indigenous communities undermined indigenous efforts to stop the flow
of illegally harvested timber. Small-scale mining, often on the part of
indigenous communities themselves, also contributed to serious
environmental damage.
On February 14, the Sucumbios Provincial Court ruled against
Chevron in a long-standing environmental case brought forward by a
number of indigenous communities. The court ordered the company to pay
a $9.5 billion award, which was subsequently raised to more than $18
billion. Both parties appealed the ruling. The plaintiffs, representing
30,000 indigenous persons, claimed that their health, welfare, and
livelihoods were affected by environmental damage caused by Texaco
(later purchased by Chevron).
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution includes the
principle of nondiscrimination and establishes choice of sexual
orientation as a right. Although the law prohibits discrimination based
on sexual orientation, gay, lesbian, and transgender persons continued
to suffer discrimination from both public and private bodies. LGBT
organizations reported that transgender persons suffered more
discrimination because they were more visible. LGBT groups claimed that
police and prosecutors did not thoroughly investigate deaths of LGBT
individuals, including when there was suspicion that the killing was
because of sexual orientation or gender identity.
LGBT organizations and credible media sources reported that LGBT
persons were interned against their will in private treatment centers
to ``cure'' or ``dehomosexualize'' them, although such treatment is
illegal. The clinics reportedly used cruel treatments, including rape,
in an attempt to change LGBT persons' sexual orientation. In August the
government reported that it closed 30 such centers, but LGBT
organizations reported that other illegal clinics continued to operate.
Members of the LGBT community continued to report that their right
of equal access to formal education was frequently violated. The LGBT
population involved in the commercial sex trade reported abusive
situations, extortion, and mistreatment by security forces.
Other Societal Violence or Discrimination.--The constitution
specifically prohibits discrimination directed at persons with HIV/
AIDS. There was no societal violence against persons with HIV/AIDS.
However, NGOs reported that individuals with HIV/AIDS believed they
were discriminated against, including on issues such as equal
employment opportunities and access to appropriate health care.
Vigilante justice remained a problem. Such violence occurred
particularly in indigenous communities and poor neighborhoods of major
cities where there was little police presence. On August 1, a so-called
community protection group in Azuay Province attacked Jose Belisario
R., accusing him of stealing cattle. The mob beat Jose and set him on
fire. After police intervened, an ambulance transported Jose to a
hospital for treatment.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides most private sector workers with the rights to form
and join trade unions of their choice, conduct legal strikes, and
bargain collectively. The constitution terms worker rights
``irrevocable,'' provides for the right to unionize and strike (except
in strategic sectors), and commits state support for democratic unions.
Members of the police, the military, and most public sector employees
(those who fall under the civil service law) were not free to form
trade unions. Most public employees maintained membership in a labor
sector association, but such associations are not allowed to strike or
bargain collectively. The law requires workers in state enterprises to
be represented by a single labor union.
The law requires a minimum of 30 workers for the creation of
associations, work committees, or assemblies to organize work
committees and does not allow foreign citizens to serve as trade union
officers. The International Labor Organization (ILO) considered these
requirements impediments to the right to organize. The law prohibits
antiunion discrimination and protects strikers and their leaders from
retaliation. The law does not require reinstatement of workers fired
for union activity but requires compensation and fines. The law
prohibits the dismissal of workers from the moment a union notifies the
labor inspector of its general assembly until the formation of its
first executive board, the legal first steps in forming a union.
All private employers with 30 or more workers belonging to a union
are required to negotiate collectively when the union so requests. The
large union federations have traditionally been allied with specific
political parties, but there is no requirement to do so. The law
prohibits the use of discriminatory criteria in hiring. The law
prohibits the use of outsourcing, including subcontracting, third
party, and hourly contracts, but grants an exemption for outsourcing
services that are not an integral part of the company's productive
processes.
There were few restrictions on the right of private sector workers
to strike, although a 10-day period is required before a strike can be
declared. The law allows solidarity strikes or boycotts of three days
if the Ministry of Labor Relations approves them. In some industries,
during a legal strike workers may take possession of a factory or
workplace (thus ending production at the site) and receive police
protection during the takeover. In other industries, such as
agriculture and hospitality, where workers are needed for ``permanent
care,'' the law requires a 20-day waiting period from the day the
strike is called, and workers cannot take possession of a workplace.
During this time workers and employers must agree on how many workers
are needed to ensure a minimum level of service, and at least 20
percent of the workforce must continue to work in order to provide
essential services. The law provides that ``the employer may contract
substitute personnel'' only when striking workers refuse to send the
number of workers required to provide the minimum necessary services,
although in practice this law was not enforced.
The law does not allow the majority of public workers the right to
strike. The constitution designates health, environmental sanitation,
education, justice, fire fighting, social security, electrical energy,
drinking water and sewerage, hydrocarbon production, fuel processing,
transport and distribution, public transportation, and post and
telecommunications as strategic sectors in which strikes are
prohibited. Some of the sectors defined as strategic exceed the ILO
standard for essential services. The law includes a provision that
striking workers in these sectors are subject to between two and five
years' imprisonment. The ILO has repeatedly noted that this law could
lead to compulsory labor as punishment for participation in peaceful
strikes, a violation of international labor standards.
Government efforts to enforce legal protections of worker rights
were often inadequate and inconsistent, sometimes failing to deter
employers from retaliating against workers for organizing. The process
to register a union, which used to take only a few days, now takes
weeks or longer and is much more complicated, inhibiting union
registration. Individual workers may take complaints against employers
to the Labor Inspection Office if they are still employed by the firm
or to courts charged with protecting labor rights if they are no longer
employed by the organization. Unions may also take complaints to a
tripartite (union, employer, government) arbitration board established
to hear these complaints. Procedures were generally subject to lengthy
delays and appeals.
In practice freedom of association and the right to collective
bargaining were frequently not respected. There were a number of cases
reported in which workers were fired for union activities. There were
no reports of physical violence or threats against union leaders or
members. However, there were many reports of legal harassment,
including charges of terrorism filed by the government against labor
leaders for their involvement in strikes or other protest activity.
Outsourcing was common, with union leaders and government employees
stating that the government was the most frequent user. Outsourcing was
used by the government and private companies to avoid hiring workers
with the rights to organize or to bargain even though outsourcing is
generally illegal. For instance, banana plantations often outsourced
harvesting to short-term companies. When workers there attempted to
organize or bargain collectively, the companies employing them
dissolved while leaving the original company protected.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. The government did not
effectively enforce the law in all cases. Forced labor of children and
adults persisted, with migrants, refugees, and the indigenous being
particularly vulnerable, especially women who are members of these
groups. There were reports that indigenous children and adolescents
were subjected to forced begging and forced labor as domestic servants,
and in mining (see section 7.c.). Adult men were victims of forced
labor in the agricultural industry. In June 2010 the U.N. special
rapporteur on contemporary forms of slavery reported adult forced labor
in the palm oil industry and among domestic workers.
The government created a specialized antitrafficking police unit in
July. There was no data available on the number of victims removed from
forced labor during the year.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum working age for minors at 15 for all types of
labor and the maximum hours a minor may work at six hours per day, five
days per week. The law lists jobs that are not suitable for children
and prohibits minors from working in hazardous conditions, including in
agriculture, mines, domestic work, garbage dumps, slaughterhouses, or
in jobs requiring exposure to toxic or dangerous substances or loud
noises. The law requires employers to pay minors the same wages
received by adults for the same type of employment. Penalties for
violations of the child labor laws include fines of $50 to $300 for
parents or guardians and fines of $200 to $1,000 for employers hiring
children younger than 15. An employer's business is subject to closure
for repeated infractions.
The Ministries of Labor and of Economic and Social Inclusion and
the Minors' Tribunal enforce child labor laws, but enforcement, while
improving, remained inadequate. From January to July, the National
Directorate of Police for Children and Adolescents received 66 reports
of child labor.
In March 2010 the government combined the child labor inspectors
with the regular labor inspections force. The Ministry of Labor's
Social Service Directorate monitored child labor in factories, but
enforcement in most sectors of the economy remained limited. In
addition, the Ministry of Mines and Energy had an agreement with the
Ministry of Labor Relations that allowed Ministry of Mines' inspectors
to enforce child labor laws and impose sanctions for violations found
in mines.
In March 2010 the government announced a program, Ecuador without
Child Labor, aimed at eliminating all forms of illegal child labor; the
program involved multiyear campaigns specifically targeting child labor
in garbage dumps, the flower industry, and begging. By December 2010
the government announced that it had practically eradicated child labor
in garbage dumps, which the ILO confirmed was largely accurate. The
program not only removed children from the dumps but also worked with
families to enroll the children in school and provided assistance to
families. The program also removed children from the streets and worked
to increase awareness of child begging. While begging was reduced
through the program, it was still common.
Child labor remained a severe problem in the informal sector.
Children were most likely to be found working on banana plantations or
as street vendors. Children also worked in the production of broccoli,
sugarcane, and strawberries and were involved in brick making and
small-scale gold mining. Forced child labor took the form of
involuntary domestic work, forced begging, and forced labor in mines.
Some children were forced to engage in criminal activity, such as drug
trafficking, and were recruited by Colombian terrorist groups along the
northern border.
In urban areas many children under the age of 15 worked in family-
owned businesses in the informal sector, shining shoes, or as street
peddlers. Other children were employed in messenger services, domestic
services, and begging. Children as young as five or six often sold
newspapers or candy on the street to support themselves or augment
family income.
The National Institute of Statistics and Census found that in 2009,
374,000 children were engaged in labor not permitted by law, primarily
working in rural areas or in the informal sector. In 2010 UNICEF
estimated the number of child laborers at approximately 340,000.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum monthly wage was
$264. The official estimate of the poverty level was $72.87 per month.
The law limits the standard work period to 40 hours a week, eight hours
a day, with two consecutive days of rest per week. Underground workers,
such as miners, are limited to six hours a day and may only work one
additional hour a day with premium pay. Premium pay is 1.5 times the
basic salary for work done from 6:00 a.m. to 12:00 a.m. Work done from
12:00 a.m. to 6:00 a.m. receives twice the basic salary, although
workers whose standard shift is at night receive a premium of 25
percent instead. Premium pay also applies to work done on weekends and
holidays. Overtime is limited to no more than four hours a day and a
total of 12 hours a week. Mandatory overtime is prohibited. Workers are
entitled to a continuous 15-day annual vacation, including weekends,
plus one extra day per year after five years of service. Different
regulations regarding schedule and vacations apply to live-in domestic
workers.
The law provides for the health and safety of workers. Health and
safety standards are outlined in the labor code. Workers do not have
the right to remove themselves from situations that endanger health or
safety without jeopardy to their employment. Foreign and migrant
workers are subject to the same labor standards.
The Ministry of Labor Relations worked to improve enforcement of
labor laws, although violations were common. Enforcement is the
responsibility of the Ministry of Labor Relations and the Social
Security Department of Hazards. The government had approximately 250
inspectors, who were in charge of enforcing all labor laws, including
those for child labor. The Ministry of Labor greatly increased its
inspections for labor violations during the year, from 10,000
inspections in 2010 to more than 26,000 in 2011. Enforcement efforts
were sometimes hampered by the inexperience of newly hired inspectors
and the lower priority placed on child labor by the inspectors.
Labor inspections may be conducted by appointment, although this
was uncommon, or after a worker complaint. If a worker requests an
inspection and a Ministry of Labor Relations inspector confirms a
workplace hazard, the inspector then may close down the workplace.
Labor inspections generally occurred because of complaints, not as a
preventive measure, and inspectors could not make unannounced visits.
In some cases violations were remedied, but other cases were subject to
legal challenges that delayed changes for months. In practice penalties
were not sufficient to deter violations and were often not enforced.
Various NGOs claimed that complaints by migrants and refugees were
rarely investigated. Labor leaders and business owners also claimed
corruption was common among the inspectors. In 2010 the Ministry of
Labor Relations began implementing reforms aimed at improving labor
rights enforcement, including in labor inspections, and it worked to
increase the number of workers who are protected by contracts,
receiving minimum wage, and registered for social security benefits. A
law passed by national referendum in May made it mandatory for
employers to register their employees with Social Security and
established criminal penalties for noncompliance. The government ran an
active campaign to register workers and labor inspectors focused on
ensuring that workers had contracts and were registered with Social
Security. The campaign included some house-to-house visits by
inspectors to interview domestic workers and called employers to
hearings if inspectors found a discrepancy with the law. While there
were still many people who needed to be registered, there was a
dramatic increase in the total number registered since the law's
passage in May.
Most workers worked in the large informal sector and in rural areas
and were not subject to the minimum wage laws or legally mandated
benefits. There were no specific regulations governing health and
safety standards in the small-scale agricultural sector. Occupational
health and safety issues were more prevalent in the large informal
sector. The labor code singles out the health and safety of miners;
however, there was no enforcement of safety rules in the small mines
that made up the vast majority of enterprises in the mining sector.
Migrants were particularly vulnerable to hazardous and exploitative
working conditions.
The government acknowledged that the number of on-the-job injuries
was seriously underreported. According to the Social Security
Institute, Ministry of Labor Relations, and Ministry of Health,
approximately 15,000 on-the-job injuries were reported each year. The
ILO estimated the true number at approximately 160,000. Safety
violations were reportedly common in the banana, palm oil, flower, and
gold-mining industries, particularly involving exposure to toxic
chemicals. Several intercity bus accidents that resulted in numerous
fatalities were partially attributed to a lack of enforcement of limits
for drivers' work hours.
In 2010 the U.N. special rapporteur on contemporary forms of
slavery reported severe abuses and little government oversight in the
palm oil industry, where many workers were Colombian migrants. The
abuses included excessive work hours, very low or no wages, and
inhumane living conditions. Additional abuses were found in the banana,
flower, and small-scale gold-mining industries.
__________
EL SALVADOR
executive summary
El Salvador is a constitutional multiparty republic. In March 2009
voters elected Carlos Mauricio Funes Cartagena of the Farabundo Marti
National Liberation Front (FMLN) as president for a five-year term in
generally free and fair elections. Security forces reported to civilian
authorities.
The principal human rights problems were widespread corruption,
particularly in the judicial system; weaknesses in the judiciary and
the security forces that led to a high level of impunity; and violence
and discrimination against women.
Other human rights problems included isolated unlawful killings by
security forces; lengthy pretrial detention; harsh, overcrowded, and
dangerously substandard prison conditions; child abuse and child
prostitution; trafficking in persons; violence and discrimination
against sexual minorities; child labor; and inadequate enforcement of
labor laws.
Although the government took steps to dismiss some officials who
committed abuses in the penitentiary system and the police, impunity
persisted.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--During the year
there were no verified reports that the government or its agents
committed politically motivated killings; however, there were reports
that security forces were involved in unlawful killings. During the
year the Office of the Ombudsman for Human Rights (PDDH) received seven
complaints of alleged unlawful killings. Although the PDDH defines all
killings by government personnel as ``extrajudicial killings,'' there
were no verifiable reports of deliberate unlawful killings carried out
by order of the government or with its complicity. The National
Civilian Police (PNC) Office of the Inspector General (OIG) reported
that during the year eight PNC officers were accused of homicide and
that PNC officers had killed six persons. The OIG also reported that
during the year 27 police officers had been arrested under homicide
charges. The OIG did not specify whether the crimes were committed
while on duty.
On January 27, a military patrol killed two Salvadoran men who were
smuggling wood across the border with Honduras; the men reportedly had
failed to stop when ordered to do so. On August 11, the San Francisco
Gotera Sentencing Court (a civilian court) dismissed charges against
nine soldiers. The Third Appellate Court of San Miguel upheld the
ruling on appeal.
On March 8, the Inter-American Human Rights Commission (IACHR)
filed a complaint before the Inter-American Court of Human Rights
regarding extrajudicial killings committed by the Atlacatl Battalion in
El Mozote in 1981 during the 1980-92 civil war. In August the court
condemned the Salvadoran government for the disappearance of children
in El Mozote. On December 10, the foreign minister, on behalf of the
government, accepted responsibility for the massacre at a 30th
anniversary commemoration at the site of the massacre.
On August 24, the Supreme Court of Justice stated it would not
order the arrest of nine former military personnel wanted by Spain in
relation to the unlawful killing of six Jesuit priests (five of them
Spanish), their maid, and her daughter in 1989. The Supreme Court
released the officers because it found the petition had been filed
improperly.
b. Disappearance.--There were no reports of politically motivated
disappearances. The nongovernmental organization (NGO) Association for
the Search for Missing Children (Pro-Busqueda) received 12 new
complaints regarding children who disappeared during the civil war. It
continued investigating 521 cases and resolved eight other cases by
year's end. Pro- Busqueda complained that the government did not comply
with Inter-American Court of Human Rights recommendations regarding the
investigation and sanctioning of those responsible for the
disappearance of children during the civil war.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices. On March 11, the
Legislative Assembly amended the law on crimes against humanity to
include a specific prohibition on torture.
However, during the year the PDDH received 53 complaints
specifically against PNC officers for excessive use of force and 12
against members of the armed forces. It also received 166 complaints of
torture and other inhuman or degrading treatment or punishment, and 846
complaints for violations of human integrity, 575 by PNC officers and
the rest by armed forces personnel. During the year the OIG reported 75
complaints of torture by PNC officers. The Office of the Attorney
General (OAG) reported four allegations that male guards raped women.
In December 2010 the OIG filed charges against police officers
suspected of involvement. Unlike the preceding year, the OAG did not
report any rapes occurring in pretrial detention centers. The Ministry
of Defense investigated all cases against members of the armed forces.
On August 11, the San Francisco Gotera Sentencing Court (a civilian
court) dismissed charges against nine soldiers accused of an
extrajudicial killing at the Honduran border.
Prison and Detention Center Conditions.--Prison and detention
center conditions remained harsh and dangerous. Overcrowding
constituted a serious threat to prisoners' health and lives. In many
facilities provisions for sanitation, potable water, ventilation,
temperature, and lighting were inadequate. In October 2010 the IACHR
termed prison conditions deplorable, stating that there were
construction deficiencies that led to safety hazards and a lack of
sanitation. Also, the lack of potable water contributed to a high
incidence of disease. On June 18, approximately 2,740 inmates in
prisons in San Miguel, Ciudad Barrios, La Union, Usulutan, Jucuapa,
Gotera, and Chalatenango suffered food poisoning. On July 18, the PDDH
stated that the penitentiary system had ``collapsed.'' On October 5,
the General Prison Directorate announced that the inmate population had
increased 47 percent during the preceding five years.
Prison authorities reported that during the year 48 prisoners died
due to natural causes, homicide, and suicide and that 22 prisoners died
in prison riots and fights. For instance, on July 1, the Santa Ana
Prison director declared a state of emergency after a riot in which
three prisoners, two of whom were gang members, were killed and seven
others injured.
The Prison Directorate reported that as of December 20, there were
25,294 prisoners, including 2,440 women, held in 21 correctional
facilities and two secure hospital wards that have a combined capacity
of 8,090. The prison population included 18,139 convicted prisoners and
7,155 inmates held in pretrial detention. Due to prison overpopulation,
from June to November, authorities held approximately 2,325 pretrial
detainees in small detention centers at police stations that had a
combined capacity of 600. This temporary measure caused logistical
problems at some police stations that were not prepared to feed inmates
for more than 72 hours. The Prison Directorate discontinued the
practice before year's end. Due to the lack of holding cells, pretrial
detainees in regular prisons often were held together with violent
criminals. Men were separated from women within the prisons. There is
also a separate women's prison in Ilopango, which was generally clean
and allowed the inmates to have children under age five stay with their
mothers.
Gang activities in prisons and juvenile-holding facilities remained
a serious problem. Detention center facilities held 9,575 inmates who
were current or former gang members. Gang members were separated from
the regular prison population when possible, but gangs continued to
exercise influence within the prisons and judicial system.
There were 655 inmates in four prisons for juvenile offenders with
a total capacity of 460 inmates.
Prisoners reportedly conducted criminal activities from their
cells, at times with the complicity of prison guards. Smuggling of
weapons, drugs, and other contraband such as cell phones and cell-phone
chips was a major problem in the prisons. During the year prison
authorities sanctioned 76 guards and did not renew the contracts of 121
others allegedly involved in corrupt activities.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance.
Prison authorities permitted prisoners and detainees to submit
complaints to judicial authorities without censorship and to request
investigation of credible allegations of inhumane conditions. Prison
authorities investigated such allegations, although investigation
results were not always documented in a publicly accessible manner.
Through August neither the PDDH nor the Prison Directorate reported any
complaints against prison guards. There is no prison ombudsman. The
government investigated and monitored prison and detention center
conditions and permitted prison-monitoring visits by independent human
rights observers, NGOs, and the media. Such visits occurred during the
year.
d. Arbitrary Arrest or Detention.--Although the constitution
prohibits arbitrary arrest and detention, there were complaints that
the PNC arbitrarily arrested and detained persons. During the year the
PDDH reported receiving 187 complaints of arbitrary arrest or detention
and 129 complaints of illegal detentions.
Role of the Police and Security Apparatus.--The PNC is responsible
for maintaining public security and the Ministry of Defense for
maintaining national security. The military is tasked with carrying out
three public security missions: guarding prisons, securing the
international border, and patrolling with the PNC. President Funes
authorized the military to provide support for PNC patrols in rural and
urban areas and give support to law enforcement agencies. During the
year military personnel were assigned to assist the PNC and Prison
Directorate, but they do not have arrest authority. Although the
government did not indicate a concluding date for the temporary
assignment of the military to police duties, the decree authorizing the
deployment was scheduled to expire in May 2012.
Inadequate training, lack of enforcement of the administrative
police career law, arbitrary promotions, insufficient government
funding, lack of a uniform code of evidence, and instances of
corruption and criminality limited the PNC's effectiveness. The OIG
reported that during the year authorities charged eight police officers
with homicide; it also received 964 complaints of alleged police
misconduct. The OIG referred 679 of these cases to the OAG and
sanctioned 919 officers in response to complaints filed during the year
and in prior years. These sanctions included 107officers dismissed for
misconduct and 664 suspended without pay. The OIG also administratively
arrested 148 police officers. The OAG investigated 364 cases against
police officers, resulting in 258 procedures and 10 conviction
sentences. Three procedures were resolved through mediation.
On November 16, Director of the National Public Security Academy
Jaime Martinez stated that he dismissed 20 police officers for
mistreatment of police cadets. On December 6, a PNC chief in San
Miguel, Jorge Sanchez Granados, was arrested on fraud charges,
following the arrest earlier in the month of 11 other police officers
for various crimes.
On May 25, the Constitutional Chamber declared unconstitutional the
Legislative Assembly's special committee that investigated PNC
Inspector General Zaira Navas.
The OIG reported that most PNC officers and police academy cadets
received human rights awareness training during the year, including
training by the Salvadoran Institute for the Development of Women
(ISDEMU), the Human Rights Institute of the University of Central
America, and the Inter-American Institute of Human Rights.
During the year OIG and other organizations, including the
Secretariat of Social Inclusion (SIS), provided human rights training
to approximately 4,700 police officers.
Arrest Procedures and Treatment While in Detention.--The
constitution requires a written warrant for arrest, except in cases
where an individual is arrested in the act of committing a crime. In
practice authorities apprehended persons with warrants based on
evidence and issued by a duly authorized official. The constitution
grants detainees the right to a prompt judicial determination of the
legality of their detention, and authorities generally respected this
right in practice. In general detainees were promptly informed of
charges against them.
The law permits release on bail for detainees who are unlikely to
flee or whose release would not impede the investigation of the case.
The bail system functioned adequately in most cases. Because it may
take several years for a case to come to trial, some prisoners were
incarcerated longer than the maximum legal sentences for their crimes.
In such circumstances detainees could request a Supreme Court review of
their continued detention.
On May 25, the Supreme Court dismissed First Penitentiary
Surveillance Judge Dora Margarita Gomez because she did not duly
process an inmate's petition claiming he was incarcerated beyond the
term of his sentence.
The courts generally enforced a ruling that interrogation without
the presence of counsel is coercion and that any evidence obtained in
such a manner is inadmissible. As a result, PNC authorities generally
delayed questioning until a public defender or an attorney arrived.
Family members were allowed prompt access to detainees. Detainees
generally had prompt access to counsel of their choice or to an
attorney provided by the state.
The constitution permits the PNC to hold a person for 72 hours
before delivering the suspect to court, after which the judge may order
detention for an additional 72 hours to determine if an investigation
is warranted. The law allows up to six months for investigation of
serious crimes before requiring either a trial or dismissal of the
case. In exceptionally complicated cases, the prosecutor may ask an
appeals court to extend the deadline for three or six months, depending
on the seriousness of the crime. Many cases were not completed within
the legally prescribed time frame.
e. Denial of Fair Public Trial.--Although the constitution provides
for an independent judiciary, the judiciary suffered from inefficiency,
corruption, political infighting, and insufficient resources.
Substantial corruption in the judicial system contributed to a high
level of impunity, undermining the rule of law and the public's respect
for the judiciary. The criminal conviction rate was less than 5
percent. An ineffective public-security strategy, inadequate government
funding and training of the PNC, and ineffective senior-level
leadership made it difficult to identify, arrest, and prosecute
perpetrators of human rights abuses and other crimes, thus diminishing
public confidence in the justice system. Intimidation and killing of
police officers, crime victims, and witnesses created a climate of
fear, complicating investigation of violent crime and other alleged
human rights abuses
On June 2, the Legislative Assembly and President Funes approved
Decree 743, which limited the independence of the Constitutional Court
by requiring that the court's decisions be unanimous. On July 6, the
president proposed a series of changes to the Constitutional Procedure
Law to further limit the independence of the court. The limitations
responded to a series of politically sensitive decisions made by the
court in 2010 and 2011 that affected election laws, canceled certain
political parties, and allowed independent candidates to run for
office. On July 27, following protests from more than a dozen civil
society organizations, the Catholic Church, and the IACHR, the
Legislative Assembly repealed the decree. However, at year's end, the
justices still faced the possibility of impeachment.
The Ministry of Justice operated witness and victim protection
programs. According to the PNC, the programs provided protection to 101
persons during the year. However, in practice some judges denied
anonymity to witnesses at trial, and gang intimidation and violence
against witnesses contributed to a climate of impunity from criminal
prosecution. On November 26, the OAG declined to appeal a judge's
decision allowing the identity of a protected witness to be revealed.
The same day, six relatives of the witness were injured when they were
attacked with firearms; two died from their injuries.
On September 14, the PDDH accused the OAG of obstruction of access
to justice, violation of due process, and failure to protect
constitutional rights in 24 cases.
During the year the Supreme Court investigation unit received 219
complaints against judges, and the court ultimately dismissed two
judges and suspended six others. The Supreme Court also submitted three
cases to the OAG for investigation of possible judicial corruption.
During the year the OAG investigated 50 complaints against prosecutors
for misconduct. The investigations resulted in the dismissal of eight
prosecutors and the suspension of 30 others.
Trial Procedures.--Although juries were used for specific charges,
including environmental pollution and certain misdemeanors, judges
decided most cases. By law juries hear only cases that the law does not
assign to sentencing courts. After the jury's determination of
innocence or guilt, a tribunal decides the sentence.
Defendants have the right to be present in court, question
witnesses, and present witnesses and evidence. Although the
constitution further provides for the presumption of innocence,
protection from self-incrimination, the right to legal counsel, freedom
from coercion, access for defendants and their attorneys to government-
held evidence relevant to their cases, and government-provided legal
counsel for the indigent, these legal rights and protections were not
always respected in practice. Although a jury's verdict is final, a
judge's verdict can be appealed. Trials are public. The law extends
these rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--On August 31, the Inter-
American Court of Human Rights reminded the government of its
responsibility for the disappearances of children during the civil war
and urged the state to investigate the cases and sanction those
responsible for the disappearances.
Civil Judicial Procedures and Remedies.--The law provides for
access to the courts, enabling litigants to bring civil lawsuits
seeking damages for, as well as cessation of, human rights violations.
Domestic court orders were generally enforced.
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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice.
Individuals could criticize the government publicly or privately
without reprisal, and the government generally did not interfere with
such criticism. The law permits the executive branch to use the
emergency broadcasting service to temporarily take over all broadcast
and cable networks to televise political programming. The president
occasionally used this law to highlight his accomplishments.
Violence and Harassment.--On August 13, presidential security staff
allegedly detained illegally photojournalist Nilton Garcia after he
took photographs of President Funes exiting a shooting range in
downtown San Salvador. According to a leading newspaper, security
officers detained Garcia for several hours, deleted his photographs,
and released him the same day.
Censorship or Content Restrictions.--Although international NGOs
generally commented positively on the status of press freedom in the
country, newspaper editors and radio directors occasionally discouraged
journalists from reporting on topics that the owners or publishers
might not view favorably. Government advertising accounted for a
significant portion of press advertising income, although exact data on
such spending was not available publicly.
Libel Laws/National Security.--On April 15, the IACHR criticized
the September 2010 Supreme Court ruling declaringd unconstitutional a
section of Criminal Code Article 191 that provided immunity to
publishers and owners of media against charges of defamation, slander,
and libel. Most media saw this ruling as potentially infringing on
freedom of the press. On September 8, the Legislative Assembly amended
the criminal code, which had allowed imprisonment for those who commit
defamation, slander, or libel, and replaced the punishment with fines.
The assembly also added a provision for civil liability for defamation.
In addition media publishers and editors are no longer liable for such
crimes.
Nongovernmental Impact.--The Salvadoran Journalists' Association
noted that journalists reporting on narcotics trafficking were subject
to threats and intimidation, which led to media self-censorship in
reporting about such trafficking. On April 25, cameraman Alfredo
Hurtado was killed while riding a bus in San Bartolo, Ilopango. The
PDDH alleged that the killing was a targeted assassination of a police-
friendly journalist in a gang-dominated area. Relatives of Hurtado said
that he had received death threats from gangs. Police arrested a gang
member for homicide on August 31, and the hearing was scheduled for
February 2012.
On March 9, a court sentenced 11 gang members to prison for the
2009 murder of French-Spanish filmmaker Christian Poveda.
Actions to Expand Press Freedom.--During the year the Salvadoran
Association of Journalists offered training for media professionals on
how to handle crises and provided information via social media on
attacks against journalists.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms or attempted to collect personally
identifiable information. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 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 U.N. 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.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of refugee status or asylum, and the
government has established a system for providing protection to
refugees. As of August the government received 11 refugee petitions and
granted two persons full refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides the right of citizens 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.--Recent Elections.--In March
2009 FMLN candidate Carlos Mauricio Funes Cartagena won the
presidential election, which the Organization of American States and
other international observers reported was generally free and fair with
few irregularities. During the 2009 elections, as in prior elections,
the main opposition political party, ARENA, and the FMLN accused each
other of registering voters from other countries under the registration
law, which allows a person to register with two witnesses who swear to
his/her identity; however, no parties filed any formal complaints after
the election.
In the January 2009 legislative elections, described as free and
fair by international observers, no party won an outright majority.
Political Parties.--Political parties could operate without
restrictions or outside interference. On June 16, the Legislative
Assembly passed a law to allow Salvadorans for the first time to vote
for individual candidates instead of voting only for parties. On April
29, the Constitutional Chamber canceled El Salvador's oldest political
parties, the National Conciliation Party and the Christian Democratic
Party. Both parties registered as new political parties with similar
logos and colors. The Supreme Electoral Tribunal (TSE) registered nine
political parties plus five independent candidates to compete in the
2012 elections. Some independent candidates asserted that the TSE
improperly denied their registration, and several reported receiving
threats, which caused some of them to drop their candidacies.
Participation of Women and Minorities.--There were 16 women in the
84-member Legislative Assembly, five women on the 15-member Supreme
Court, and two women in the 13-member cabinet. No persons on the
Supreme Court or in the legislature or other government entities
identified themselves as members of an ethnic minority or indigenous
community, and there were no political party positions or parliamentary
seats designated for ethnic minorities.
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, particularly in the judicial system, engaged in corrupt
practices with impunity. The NGO Transparency International in December
2010 reported that government corruption was a serious problem,
reflected by public perceptions of corruption in political parties, the
police, judicial system, Legislative Assembly, and among public
employees.
On July 15, prison authorities dismissed the entire guard force of
Quezaltepeque Prison for suspected corruption and implemented new
security measures after the discovery of a tunnel built by the M-18
gang.
NGOs, including the Salvadoran Foundation for Economic and Social
Development (FUSADES), alleged that the Supreme Court did not
adequately deal with corrupt judges and that perceived corruption and
weak application of criminal law by judges contributed to a lack of
confidence in the judiciary. FUSADES maintained a Web site that makes
judicial proceedings and records available to the public.
Public officials were not subject to financial disclosure laws. The
Court of Accounts, the Sub-Secretariat for Transparency and
Anticorruption, the Anticorruption Unit of the OAG, the Supreme Court
Probity Section, and the Government Ethics Tribunal (TEG) share
responsibility for combating corruption.
During the year the Ethics Tribunal received 173 complaints
involving 347 public officers; it processed 148 cases and submitted 19
to the OAG.
On August 22, online newspaper El Faro alleged that three
Legislative Assembly deputies, including one former vice president,
owned lands originally set aside for poor rural residents. The OAG
began an investigation of a former president of the Salvadoran
Institute of Agrarian Transformation for corruption in connection with
the case, and the investigation was pending at year's end.
On November 30, the Appellate Court approved the release from house
arrest of former minister of health Guillermo Maza, who had been
arrested for embezzlement on April 5. PNC Deputy Director Rolando
Garcia Herrera was placed under house arrest on August 23 for the same
embezzlement case.
Following a year-long investigation, on October 11, the Fifth Court
of Instruction issued a warrant for the arrest of former ANDA manager
Mario Orellana on charges of laundering more than seven million dollars
(the U.S. dollar is the national currency).
On May 18, the Legislative Assembly passed a law aimed at
increasing transparency in public acquisitions.
As of August the TEG received 122 ethics complaints against public
servants. Investigations resulted in public reprimands for seven
government officials and the suspension of four others. To combat
public sector corruption, the TEG operated ethics commissions within 79
of the 81 government entities required by law to have them.
On September 7, President Funes approved implementing regulations
for the Public Information Access Law, which took effect May 8. The law
provides for the right of access to government information. The new law
establishes mechanisms to appeal denials. However, local media and NGOs
contended that presidential approval of the five commissioners of the
Public Information Institute potentially compromises their
independence. President Funes had not approved the commissioners by
year's end.
Citizens could access via the Internet some information regarding
the national budget and certain cases before the Supreme Court. On
August 24, FUSADES reported $8.2 million in cash transfers from
different executive branch offices for ``unforeseen expenses.'' The
transfers did not have Legislative Assembly approval, which the law
requires.
The government usually did not give reasons for denying public
access to 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. Although government
officials generally were cooperative and responsive to these groups,
officials at times were reluctant to discuss worker rights issues with
NGOs and the PDDH. Domestic and international NGOs were required to
register with the government.
Government Human Rights Bodies.--The principal human rights
investigative and monitoring body is the autonomous PDDH, whose head is
elected by the Legislative Assembly to a three-year term. The PDDH
regularly issued reports and press releases on prominent human rights
cases. The PDDH enjoyed government cooperation and operated without
government or party interference, had adequate resources, and was
considered generally effective.
The PDDH maintained a constructive dialogue with the President's
Office. The government publicly acknowledged receipt of PDDH reports,
although in some cases it did not take action on PDDH recommendations,
which are not legally binding.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the constitution and the legal code provide that all
persons are equal before the law and prohibit discrimination regardless
of race, gender, disability, language, or social status, in practice
the government did not effectively enforce these prohibitions. There
was discrimination against women; persons with disabilities; lesbian,
gay, bisexual, and transgender (LGBT) persons; and indigenous people.
The SIS, headed by First Lady Vanda Pignato, made efforts to overcome
traditional bias in all these areas.
Women.--Rape and Domestic Violence.--The law criminalizes rape.
While not specifically addressed in the law, spousal rape may be
considered a crime if the actions meet the criminal code definition of
rape. The law requires the OAG to prosecute rape cases whether or not
the victim presses charges, and the law does not permit the victim's
pardon to nullify the criminal charge. The penalty for rape is six to
10 years' imprisonment, but the law provides for a maximum sentence of
20 years for rape of certain classes of victims, including children and
persons with disabilities.
Incidents of rape continued to be underreported for a number of
reasons, including societal and cultural pressures on victims, fear of
reprisal, ineffective and unsupportive responses by authorities toward
victims, fear of publicity, and a perception among victims that cases
were unlikely to be prosecuted. Laws against rape were not effectively
enforced.
Rape and other sexual crimes against women were widespread. The OAG
reported 2,264 cases of rape and four cases of sexual, physical, and
psychological abuses of women by police officers during the year.
On March 28, First Lady and Secretary of Social Inclusion Vanda
Pignato inaugurated the first ``Ciudad Mujer'' service center in
Lourdes, Department of La Libertad, intended to provide comprehensive
assistance to victims of gender violence. During the year ISDEMU
provided health and psychological assistance to 158 women, 389 girls,
and13 boys who suffered sexual abuse.
The law prohibits domestic violence and provides for sentences
ranging from one to three years in prison. The law also permits
obtaining restraining orders against offenders. Domestic violence was
considered socially acceptable by a large portion of the population,
and, as with rape, its incidence was underreported.
Violence against women, including domestic violence, was a
widespread and serious problem. Laws against domestic violence were not
well enforced, and cases were not effectively prosecuted. During the
year ISDEMU received 3,895 reports of domestic violence and provided
medical and psychological assistance to 5,134 individuals for physical
abuses, including sexual aggression, domestic violence, child abuse,
sexual or labor harassment, commercial sexual exploitation, trafficking
in persons, and alien smuggling. ISDEMU also reported 3,789 cases of
``psychological abuse."
During the year the PNC investigated 1,752 cases of domestic
violence, which resulted in five convictions, 487 trial procedures, and
201 cases resolved through mediation. As of November the OAG reported
594 women had died from violence. In March U.N. Special Rapporteur on
Violence against Women Rashida Manjoo asserted that the country's
``generalized state of violence'' subjected women to murder, rape,
domestic violence, sexual harassment, and commercial sexual
exploitation.
ISDEMU coordinated with the judicial and executive branches and
civil society groups to conduct public awareness campaigns against
domestic violence and sexual abuse. The PDDH, OAG, Supreme Court,
Public Defender's Office, and PNC collaborated with NGOs and other
organizations to combat violence against women through education,
increased enforcement of the law, and NGO support programs for victims.
The SIS, through ISDEMU, defined policies, programs, and projects on
domestic violence and continued to maintain a telephone hotline and a
shelter for victims of domestic abuse and child victims of commercial
sexual exploitation. The government's efforts to combat domestic
violence were minimally effective.
Sexual Harassment.--The law prohibits sexual harassment and
provides penalties of imprisonment from three to five years if the
victim is an adult and from four to eight years if the victim is a
minor. Fines could also be imposed. The government did not enforce
sexual harassment laws effectively. Since underreporting by victims of
sexual harassment appeared to be widespread, it was difficult to
estimate the extent of the problem. ISDEMU reported 101 cases of sexual
harassment and 560 cases of sexual aggression. The OAG reported 590
complaints of sexual harassment during the year, of which 254 were
brought to trial; 12 of these cases were resolved through mediation,
and 39 resulted in convictions.
In June the government launched the Office of Citizen Complaints
and Service to provide assistance to female victims of violence and
physical abuse. There were no reports by year's end on its activities.
The law defines sexual harassment as any unwanted physical sexual
contact and stipulates penalties of three to five years in prison (or
four to eight years in cases where the victim is under age 15 at the
time of the offense). Fines are added to the prison term in cases where
the perpetrator is in a position of authority or trust over the victim.
Reproductive Rights.--Couples and individuals had the right to
decide the number, spacing, and timing of children, and information
about and access to contraception was available widely. Demographic
Health Surveys indicated that 72 percent of married women used some
method of family planning. Prenatal care and skilled attendance at
delivery were also readily available. The U.N. Population Fund
estimated that the maternal mortality rate in 2008 was 110 deaths per
100,000 live births. Poverty, lack of education, and lack of access to
a formal medical care system are the major factors contributing to a
high maternal mortality rate. Women and men have equal access to
diagnostic services and treatment for sexually transmitted infections.
Discrimination.--The constitution grants women and men the same
legal rights under family and property law, but women did not receive
equal treatment in practice. The law establishes sentences of one to
three years in prison for public officials who deny a person's civil
rights based on gender, and six months to two years for employers who
discriminate against women in the workplace. However, employees
generally did not report such violations due to fear of employer
reprisals.
Although pregnancy testing as a condition for employment is
illegal, some businesses allegedly required female job applicants to
present pregnancy test results, and some businesses illegally fired
pregnant workers. During the year the Ministry of Labor received 62
complaints regarding illegal firing of pregnant workers, and imposed
seven fines totaling $771.
Although the law prohibits discrimination based on gender, women
suffered from cultural, economic, and societal discrimination. Men
often received priority in job placement and promotions, and women were
not accorded equal treatment in traditional male-dominated sectors,
such as agriculture and business. Training for women generally was
confined to low-wage occupational areas where women already held most
positions, such as teaching, nursing, apparel assembly, home industry,
and small business.
On September 9, the police director created an internal agency
tasked with increasing gender equality within the PNC. Women
constituted 9 percent of PNC officers. On September 28, the Legislative
Assembly created a new committee on ``women and gender equality'' and
granted official recognition to an autonomous association consisting of
female deputies.
Children.--Birth Registration.--Citizenship is derived by birth
within the country and from one's parents. The law requires parents to
register a child within 15 days of birth or else pay a $2.86 fine.
While firm statistics were unavailable, many births were not
registered. Failure to register resulted in a denial of school
enrollment.
Education.--Education is free, universal, and compulsory through
the ninth grade and nominally free through high school. Rural areas
frequently fell short of providing required education to all eligible
students, due to a lack of resources and because rural parents often
withdrew their children from school by the sixth grade to allow them to
work.
Child Abuse.--Child abuse was a serious and widespread problem.
Incidents of rape continued to be underreported for a number of
reasons, including societal and cultural pressures on victims, fear of
reprisal against victims, ineffective and unsupportive responses by
authorities toward victims, fear of publicity, and a perception among
victims that cases were unlikely to be prosecuted. The Salvadoran
Institute for Children and Adolescents (ISNA), an autonomous government
entity, defined policies, programs, and projects on child abuse,
maintained a shelter for child victims of abuse and commercial sexual
exploitation, and conducted a violence awareness campaign to combat
child abuse. As of September ISNA reported sheltering 598 abused
children. During the year the OAG reported 1,254 cases of rape of
minors.
Unlike in the previous year, there were no reports that the PNC
targeted minors specifically for harassment or arbitrary detention.
Sexual Exploitation of Children.--Sexual exploitation of children
remained a problem, and there were credible reports that girls were
forced into prostitution. Child sex trafficking is covered under the
trafficking-in-persons statutes in the penal code, which prescribe
penalties of four to eight years' imprisonment for trafficking crimes.
An offense committed against a child is considered as reflecting
aggravated circumstance, and the penalty increases by one-third.
However, the government did not effectively enforce these laws.
The law prohibits paying anyone under the age of 18 for sexual
services. There were credible reports that girls were forced into
prostitution. During the year, ISDEMU registered three cases of
commercial sexual exploitation of children.
On October 20, a 16-year-old girl reported being forced into
prostitution for approximately six weeks. The defendants threatened to
harm the victim's family. Two other girls were found at the same
brothel.
On November 21, a judge dismissed charges against nine suspects in
a trafficking case of a minor who was forced into prostitution.
The law prohibits participating in, facilitating, or purchasing
materials containing child pornography and provides for prison
sentences of up to 16 years.
The law classifies statutory rape as sexual relations with anyone
under 18 years of age and provides for penalties between four and 20
years' imprisonment for those convicted of the crime. During the year
the ISDEMU reported 402 cases of sexual abuse, and three cases of
sexual commercial exploitation of minors; and the PNC reported 360
cases of rape of persons under 18 and 880 cases of sexual abuse.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts. The
Jewish community totaled approximately 150 persons.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip .
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other state
services. According to the National Council for Comprehensive Attention
to Persons with Disability (CONAIPD), the government did not allocate
sufficient resources to enforce these prohibitions effectively,
particularly in education, employment, and transportation, and did not
effectively enforce legal requirements for access to buildings,
information, and communications for persons with disabilities. There
are almost no access ramps or provisions for the mobility of persons
with sight and hearing disabilities.
Only 5 percent of businesses and no government agency fulfilled the
legal requirement of hiring one person with disabilities for every 25
hires.
On March 17, the Legislative Assembly amended the electoral code to
allow deaf, blind, and mute people to run as municipal and legislative
candidates.
Several public and private organizations promoted the rights of
persons with disabilities, including the Telethon Foundation for
Disabled Rehabilitation and the Salvadoran National Institute for the
Disabled (ISRI). The Rehabilitation Foundation, in cooperation with
ISRI, continued to operate a treatment center for persons with
disabilities. However, CONAIPD reported that the government provided
minimal funding for ISRI. The vast majority of persons with
disabilities received care at home by relatives with little or no
government support or supervision.
CONAIPD--composed of representatives of multiple government
entities--is the government agency responsible for protecting
disability rights, but it lacks enforcement power.
There were no reported patterns of abuse in prisons or in
educational or mental health facilities, although CONAIPD reported
isolated incidents, including sexual abuse, in those facilities.
CONAIPD reported that persons were fired after becoming disabled,
persons with disabilities were not considered for work for which they
qualified, and some schools would not accept children with disabilities
due to lack of facilities and resources. There is no formal system for
filing a complaint with the government.
During the year the SIS and CONAIPD conducted awareness campaigns,
provided sensitivity training, promoted employment of persons with
disabilities, and trained doctors and teachers about rights of persons
with disabilities.
Indigenous People.--While the constitution states that native
languages are part of the national heritage and should be preserved and
respected, the law does not recognize indigenous communities and
accords no special rights to indigenous people. Births of indigenous
persons were reportedly more likely not to be registered officially,
reducing educational opportunities, since school registration requires
a birth certificate.
Although few individuals publicly identified themselves as
indigenous, members of a few small indigenous communities continued to
maintain traditional customs without repression or interference by the
government or nonindigenous groups. Government estimates in 2004, the
most recent available, indicated that approximately 99 percent of
indigenous persons lived below the poverty level.
No laws provide indigenous people rights to share in revenue from
exploitation of natural resources on indigenous lands. During the year
the PDDH reported that indigenous and nonindigenous communities
protested construction of a hydroelectric dam in Nahuizalco. Although
the indigenous communities asserted that the dam would destroy a
cemetery and negatively impact several species of mollusks and fish in
the Sunsunapan River, the Ministry of Environment authorized the dam.
The government did not demarcate any lands as belonging to indigenous
communities. Because few possessed title to land, opportunities for
bank loans and other forms of credit were extremely limited.
On July 6, Nahuizalco enacted the first municipal law recognizing
the origin and existence of indigenous persons and their right to
practice their customs and beliefs and outlawing all forms of
discrimination.
There were no government programs dedicated to combating
discrimination against or communicating with indigenous persons. The
PDDH reported that indigenous persons faced employment and workplace
discrimination.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although the law prohibits
discrimination on the basis of sexual orientation, in practice
discrimination was widespread. There was also significant
discrimination against transgender persons.
There was widespread official and societal discrimination based on
sexual orientation in employment and access to health care and identity
documents. The NGO Entre Amigos reported that public officials,
including the police, engaged in violence and discrimination against
sexual minorities. Persons from the LGBT community stated that the
agencies in charge of processing identification documents, the PNC and
OAG, ridiculed them when they applied for identification cards or
reported cases of violence against LGBT persons. The government
responded to these abuses primarily through PDDH reports that
publicized specific cases of violence and discrimination against sexual
minorities.
On May 13, the SIS's Office of Sexual Diversity announced an
awareness campaign and training on LGBT rights. Hundreds of government
employees attended the training.
The PDDH reported receiving complaints about the killing of 13
persons from the LGBT community during the first half of the year,
compared with two during 2010. On September 18, the Solidarity
Association to Promote Human Development of Transsexual, Transgender,
and Transvestite Men and Women stated that as of September, the media
reported 17 killings; 23 cases of police mistreatment; and injuries to
13 individuals, three allegedly injured by police. They also reported
six ``hate crimes'' and four attacks on LGBT persons.
Other Societal Violence or Discrimination.--Although the law
prohibits discrimination on the basis of HIV/AIDS status, in practice
discrimination was widespread. Lack of public information and medical
resources remained a problem in confronting discrimination against
persons with HIV/AIDS or in assisting persons suffering from HIV/AIDS.
On May 12, Rolando Cedillos, director of the HIV program in the main
national hospital, stated that the government did not allocate enough
resources for HIV patients. In 2010 the Ministry of Health reported
that 25,530 persons were infected with HIV, of whom 8,000 had AIDS. On
December 14, the UNDP reported 1,436 new HIV cases and 73 new AIDS
cases. A 2010 UNDP survey reported that 31 percent of persons infected
with HIV/AIDS experienced some form of discrimination, including
credible reports of denial of public services (such as schooling) and
loss of employment. Persons denied entry into the armed forces charged
that the military illegally required HIV testing for its soldiers.
On September 21, the Constitutional Chamber of the Supreme Court
ordered the Salvadoran Social Security Institute (ISSS) to provide
retroviral medicine to an HIV/AIDS patient who had requested it. The
ISSS had denied the request because the medication was not commercially
available in the country, a regulatory requirement. The court declared
that the regulation violated the constitutional right to health.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of workers to form and join unions,
provides for the right to strike, protects the right to bargain
collectively in the private and public sectors, and prohibits antiunion
discrimination. However, the law places several restrictions on these
rights. Military personnel, national police, judges, high-level public
officers, and workers who are in ``positions of trust'' are not
permitted to form and join unions. The Labor Code does not cover public
workers, who are regulated by the Civil Service Tribunal Law. During
the year the Ministry of Labor enforced collective bargaining
agreements selectively.
Although unions do not require prior authorization from the
government, they must meet certain requirements to be legally
registered, and unions must have a minimum of 35 members. The law
permits the participation of noncitizens in unions, but requires that
union leaders be citizens. On July 7, the Supreme Court of Justice
issued an administrative ruling that limited union representatives'
labor activities to one day per week. On September 5, the PDDH urged
the court to reconsider the ruling, alleging that it violated
International Labor Organization (ILO) Convention 151.
The law does not recognize the right to strike for public and
municipal employees, or for workers in ``essential services.'' It does
not specifically designate which services are considered essential. The
law places several other restrictions on the right to strike, including
mandating that a strike must be supported by 51 percent of all workers
in an enterprise to be legal. In addition unions may strike only to
obtain or modify a collective bargaining agreement or to protect
professional rights, and must engage in negotiation, mediation, and
arbitration before striking. The union must notify the Ministry of
Labor about planned strikes and wait four days from the time the
ministry notifies the employer before striking. The law prohibits
workers from appealing a government decision declaring a strike
illegal.
The law does not require employers to reinstate illegally dismissed
workers. The law specifies 18 reasons for which an employer can legally
suspend workers, and employers can invoke 11 of these reasons without
prior administrative or judicial authorization.
The government did not effectively enforce the laws on freedom of
association and the right to collective bargaining in all cases. During
the year the Ministry of Labor encouraged the formation of new unions
and streamlined the union registration process. The ministry
investigated allegations of violations of freedom of association and
the right to strike, as well as reports of antiunion discrimination.
For instance, the OAG reported that during the year, there were two
investigations for violations of freedom of association and the right
to strike, and nine cases under investigation for labor discrimination.
During the year the ministry imposed 1,363 fines on employers for
illegally firing 4,308 workers. Although not required by law, the
Ministry of Labor requested some employers to rehire fired workers
during the year, basing its requests on ILO Administrative Court
rulings. The ministry did not perform inspections in the informal
sector. The ministry does not have jurisdiction over public employees,
who are governed by the Civil Service Tribunal Law.
Union representatives reported that labor rights were not
consistently enforced for public workers, subcontracted workers in the
construction industry, security guards, informal sector workers, and
migrant workers. Judicial procedures were subject to lengthy delays and
appeals.
In practice workers faced challenges in exercising their rights to
freedom of association and collective bargaining, including allegations
by some unions of government influence on union activities and
antiunion discrimination on the part of employers. Unions were
independent of the government and political parties, although many were
generally aligned with the National Republican Alliance (ARENA), FMLN,
or other parties. Some independent unions alleged that the Ministry of
Labor interfered with their activities by encouraging the formation of
``parallel unions'' that supported the FMLN.
The SUTC construction workers union alleged that the Ministry of
Labor illegally replaced its union leadership with FMLN supporters by
refusing to recognize the results of its January 2011 elections. The
ousted SUTC leadership filed a complaint before the Administrative
Chamber of the Supreme Court against the ministry, which was pending at
year's end. There were also allegations that the ministry improperly
revoked the credentials of a leader of the Santa Ana municipal workers
union (SITRAMSA). In September the credentials of telecommunication
workers union SITCOM and AVX Workers Union SITRAVX were revoked
following a court decision that reversed a 2009 court ruling that had
permitted them to register. Both unions alleged that the court
decisions were due to judicial corruption.
There were reports of antiunion discrimination, including threats
against labor union members, dismissals of workers attempting to
unionize, and blacklisting. The OAG reported no developments in the
investigation of the January 2010 murder of SITRAMSA leader Abel
Victorio Vega. There were reports that SITRAMSA workers continued to
receive death threats after a 2010 strike that was later declared
illegal by the Santa Ana Labor Court. There were also reports factory
owners paid union leaders not to unionize in some assembly plants.
In practice workers engaged in strikes regardless of whether legal
requirements were met. In October the Ministry of Health threatened to
fire health worker union members from Zacamil Hospital (SIMEHZAC) and
the Ministry of Health (SITRASALUD) who went on strike to protest
inadequate medical equipment, understaffing, and other problems. The
unions ended their strike after the dismissal threat.
On March 3, the Federation of Public Workers of El Salvador
(FESTRAPRES) alleged that the NEMTEX textile company had illegally
dismissed workers who were trying to unionize. In September the Workers
Union of the Confecciones Gama apparel assembly company (STECG) alleged
that Gama fired workers for engaging in union activities and
blacklisted them from obtaining work at other companies by providing
personal information regarding the workers to other employers.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor except in the case of natural
catastrophe and other instances specified by law. In general the
government effectively enforced such laws, and the Ministry of Labor
reported it had received no complaints of forced labor during the year.
However, there were anecdotal reports that some adults were subjected
to forced labor in agriculture and in domestic servitude.
Also see the Department of State's Trafficking in Persons Report at
http://www.state.gov/j/tip .
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14, except that
children age 12 and older are allowed to engage in light work on coffee
and sugar plantations and in the fishing industry, so long as it does
not harm their health or interfere with their education. Children under
age 16 are prohibited from working more than six hours per day and 34
hours per week; those under age 18 are prohibited from working at night
or in occupations considered hazardous. In August the Ministry of Labor
published a list of the types of work considered hazardous and
prohibited for children, which includes repairing heavy machinery;
using chainsaws; mining; handling weapons, including knives and
machetes, handling munitions and inflammable or radioactive substances;
fishing and harvesting mollusks; working as stevedores; and working at
heights above five feet while doing construction, erecting antennas,
and working on billboards.
The Ministry of Labor was responsible for enforcing child labor
laws but did so with limited effectiveness. The ministry attributed its
limited enforcement to traditional cultural attitudes that support the
use of child labor. In practice, the ministry's labor inspectors who
were reportedly trained in child labor focused almost exclusively on
the formal sector. The ministry reported that when inspectors
encountered incidents of child labor, the government removed the
victims and placed them in educational programs. During the year the
ministry reported that two children had been removed from agricultural
activities. The ministry reported it verified that these situations did
not reoccur, and that it continued to monitor the area where this work
was identified. There was no information on specific investigations or
prosecutions. The ministry lacked adequate resources to enforce
effectively child labor laws in the agricultural sector, especially in
coffee and sugarcane production, or in the large informal sector.
During the year the Ministry of Labor conducted 12 campaigns to
raise awareness about child labor. In March the government launched an
interagency program to advance its Road Map to eliminate child labor in
its worst forms by 2015 and in its entirety by 2020. The government
continued to participate in an ILO project to provide educational
opportunities to children while offering livelihood alternatives for
their families. The Ministry of Education promoted child labor
awareness and encouraged school attendance, including by operating 136
after-school programs during the year. The government also incorporated
material on combating child labor into its elementary school
curriculum.
Child labor remained a serious and widespread problem. The Ministry
of Labor reported that during the year the government identified 90,905
minors working in the agriculture sector; 18,559 in manufacturing,
commerce, and service industries; and 5,550 in domestic service.
According to the 2010 School Registration Census, the most recent
available, there were approximately 91,300 child workers, with the
largest number engaged in agricultural work. The worst forms of child
labor occurred in coffee and sugarcane cultivation, fishing, mollusk
shucking, and fireworks production. There were reports of children
engaged in garbage scavenging. Orphans and children from poor families
frequently worked for survival as street vendors and general laborers
in small businesses. Children also worked as domestic servants, and
faced long work hours and abuse by employers. Children were subjected
to commercial sexual exploitation (see section 6, Children). Children
were recruited into illegal gangs to perform illicit activities related
to the arms and drug trades, including homicide.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There is no national minimum
wage; the minimum wage is determined by sector. The minimum monthly
wage was $224.29 for retail and service employees, $219.40 for
industrial laborers, and $187.68 for apparel assembly workers. The
agricultural minimum wage was $104.97 per month, although some
agricultural workers, including coffee workers, were paid by the amount
harvested rather than a daily wage. The government reported that the
poverty income level was $183.41 for urban areas and $145 for rural
areas.
The law sets a maximum normal workweek of 44 hours, limited to no
more than six days, and to no more than eight hours per day, but allows
overtime if a bonus is paid. The law mandates that full-time employees
be paid for an eight-hour day of rest in addition to the 44-hour normal
workweek. The law provides that employers must pay double time for work
on designated annual holidays, as well as a Christmas bonus based on
the time of service of the employee, and 15 days of paid annual leave.
The law prohibits compulsory overtime.
The Ministry of Labor is responsible for setting workplace safety
standards, and the law establishes a tripartite committee to review the
standards. The law requires all employers to take steps to ensure that
employees are not placed at risk to their health and safety in the
workplace. In May 2011 a new workplace safety law took effect, although
implementing regulations have not yet been put in place. The law
promotes occupational safety awareness, training, and worker
participation in occupational health and safety matters. The new law
also addresses sexual harassment, violence against women, and other
workplace harassment issues. During the year ISDEMU reported 101 cases
of sexual harassment and the OAG investigated 590 complaints of sexual
harassment.
The law requires that employers provide preventive safety measures,
including proper equipment and training, to employees, and a violence-
free workplace, in order to reasonably ensure the safety and health of
workers. Employers who violate the law can be fined, although penalties
were often not sufficient to deter violations, and some companies
reportedly found it more cost-effective to pay the fines rather than
comply with the law.
The Ministry of Labor reported contradictory information regarding
whether workers have the right to remove themselves from hazardous
situations without jeopardy to their continued employment. The ministry
noted that the government's ratification of ILO Convention 155 provides
workers with the right to remove themselves; however, the ministry also
reported that workers can be fired for refusing to undertake hazardous
work. Employers cannot be compelled to rehire the workers but must
compensate them, although workers generally were not informed about
this right.
The Ministry of Labor is charged with enforcing the law. The
government reportedly enforced effectively the minimum wage law in the
formal sector but not in the informal sector, and unions reported that
the ministry also failed to enforce the minimum wage for subcontracted
workers hired for public reconstruction contracts. The government
decreased its inspection force from 210 to 195 during the year. It
provided updated training to its inspectors for both occupational
safety and labor standards. During the year, the Ministry of Labor
reported 15,950 inspections, which resulted in fines for 2,536
employers. There continued to be allegations of corruption among labor
inspectors. As of October the ministry had submitted two cases of
alleged corruption to the OAG.
The ministry received complaints regarding failure to pay overtime,
minimum wage violations, unpaid overtime and unpaid salaries, as well
as cases of employers illegally withholding benefits (including social
security and pension funds) from workers. During the year, the OAG
investigated 47 cases of illegally withheld benefits. The Ministry of
Labor reported conducting 507 inspections as of September, resulting in
49 companies sanctioned with fines totaling $8,992.73, mostly due to
nonpayment of back wages. In December the ministry recommended that
workers from the Royal Textiles Flexiler factory initiate legal
proceedings against the factory for workers' social security and
pension payments illegally withheld since November 2010.
According to the Ministry of Labor, immigrant workers have the same
rights as Salvadorans, but, in practice, the ministry does not enforce
these rights. In practice there were reports of overtime and wage
violations in several sectors. For instance, from November 24 through
28, the Union of Employees of the Ministry of the Treasury (SITRAMHA)
organized a work stoppage in the customs, air, and maritime terminals,
alleging they were required to work between 13 and 16 hours per day
without overtime pay. Workers sought a collective bargaining agreement,
which was under arbitration at year's end. The government reported
that, although apparel assembly plants generally respected the laws on
overtime, some plants required workers to work extra days in order to
meet production goals; however, the workers received incentive pay and
overtime. During the year there were no developments in the Hermosa
Manufacturing case. Workers in the construction industry were
reportedly subject to violations of wage, hour, and safety laws. There
were also reports of occupational safety and health violations in other
sectors. For instance, on May 25, the former workers of the Record
Battery Company demanded that the company pay for their treatment for
lead contamination. As of August, the Social Security Institute had
provided medical care to 154 workers.
In some cases, the country's high crime rate negatively impacted
acceptable conditions of work, as well as workers' psychological and
physical health. Some workers, such as bus drivers, bill collectors,
messengers, and teachers in high risk areas reported being subject to
extortion and death threats.
During the year, the Ministry of Labor reported 125 workplace
accidents in 30 companies. The ministry reported that 64 percent
occurred at aluminum and glass companies, warehouses, furniture
companies, textile and apparel companies, and public institutions. Men
(81 percent ) suffered more accidents than women (19 percent). Most of
the victims were between 18 and 31 years old (63 percent).
__________
GRENADA
executive summary
Grenada is a parliamentary democracy with a bicameral legislature.
In generally free and fair elections in July 2008, the National
Democratic Congress won 11 of 15 seats in Parliament, and Tillman
Thomas was sworn in as prime minister. Security forces reported to
civilian authorities.
Human rights problems included allegations of corruption, violence
against women, and instances of child abuse.
The government took steps to punish security force members or other
officials who committed abuses, and impunity was not perceived to be a
problem.
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 political
killings, but there were occasions where police killings occurred in
the line of duty. The police Criminal Investigation Department (CID),
in coordination with the Department of Public Prosecutions (DPP), fully
investigates all such killings. After a DPP review, and in cases not
involving criminal liability, they are referred to the coroner for an
inquest.
In July a prison guard shot and killed a man who was allegedly
breaching the fence at Her Majesty's Prison; the DPP concluded there
was no criminal liability. In November the police killed a mentally
unstable man who attacked an officer with a machete, in which the DPP
also found no criminal liability. Both cases were referred to the
coroner for further investigation. At year's end the CID, in
coordination with the DPP, was investigating the December 26 death of a
Canadian-Grenadian citizen whom police allegedly beat while in custody.
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,
young detainees claimed occasionally to family and friends that police
mistreated them. At year's end the DPP was considering a CID report of
an allegation by a complainant of potentially abusive treatment by
police. Additional allegations of police mistreatment brought to the
attention of the press did not result in complaints to the authorities.
Flogging, a legal form of punishment for sex crimes and assault,
was not uncommon.
Prison and Detention Center Conditions.--Prison and detention
center conditions did not meet international standards. Overcrowding
was a serious problem. In the sole penitentiary, there were 411
prisoners, of whom four were women, held in space designed for 98
persons. Potable water supplied by the water utility normally was
available in prison hallways but not in the cells. During the dry
season, when the water supply is cut off on occasion, a tank serves as
a back-up.
The prison maintained an education program for the inmates,
employed a counselor to work with the prison population, and
implemented the first phase of a program to work with young prisoners
on their reinsertion into society.
Women were held in a separate section of the prison from men. There
was no separate facility for juveniles.
Prisoners and detainees had access thrice weekly to visitors. They
were permitted to conduct religious observances. Prisoners may raise
complaints directly with prison authorities, through their lawyers, or
through the government's Prison Visiting Committee. Prisoners relied on
the Prison Welfare Officer to make contact with outside institutions.
The Prison Visiting Committee monitors prison conditions. While
visits from independent nongovernmental observers would be welcome,
there were no such requests during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The country does not
have a military. The Royal Grenada Police Force (RGPF) is headed by the
police commissioner and encompasses the Coast Guard, the Special
Service Unit, the Fire Fighting Unit, and other specialized units. The
RGPF is supplemented by 254 rural constables. The RGPF generally was
effective at responding to complaints and maintained a community
policing program.
The police report to the minister for national security, who is
also the prime minister. The police commissioner can discipline
officers (up to the rank of sergeant) in cases of brutality with
penalties that include dismissal. Only the Public Service Commission
can discipline officers with the rank of inspector or above. Civilian
authorities maintained effective control over the RGPF, and the
government had effective mechanisms to investigate and punish abuse and
corruption. In the case of deaths attributed to the RGPF, police
conduct the investigations, which the DPP and the coroner review. There
were no reports of impunity involving the security forces during the
year.
Arrest Procedures and Treatment While in Detention.--The
constitution and law permit police to detain persons on suspicion
without a warrant, but they must bring formal charges within 48 hours,
and this limit generally was respected. In practice detainees were
provided access to a lawyer and family members within 24 hours. The law
provides for a judicial determination of the legality of detention
within 15 days after arrest on a criminal charge. The police must
formally arraign or release a detained person within 60 days, and the
authorities generally followed these procedures. There is a functioning
system of bail, although persons charged with capital offenses are not
eligible. Persons charged with treason may be accorded bail only upon
the recommendation of the governor general.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
judicial independence in practice.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right.
There is a presumption of innocence, and the law protects persons
against self-incrimination and requires the police to explain a
person's rights upon arrest. The accused has the right to remain silent
and to seek the advice of legal counsel. The law allows for a defense
lawyer to be present during interrogation and to advise the accused how
to respond or not to respond to questions. The accused has the right to
confront his accuser and has the right of appeal. There are jury trials
in the High Court only; trials are open to the public unless the
charges are sexual in nature or a minor is involved.
The court appoints attorneys for indigents only in cases of murder
or other capital crimes. In other criminal cases that reach the
appellate stage, the court appoints a lawyer to represent the accused
if the defendant was not represented previously or reappoints earlier
counsel if the appellant can no longer afford that lawyer's services.
With the exception of foreign-born drug suspects or persons charged
with murder, the courts granted most defendants bail while awaiting
trial.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters. The civil court system
encompasses a number of seats around the country at which magistrates
preside over cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and of
the press, and the government generally respected these rights in
practice. The independent media were active and expressed a wide
variety of views without restriction.
Censorship or Content Restrictions.--The government did not
penalize anyone for publishing items counter to government guidelines,
but the media practiced occasional self-censorship. In July, local and
regional media criticized the Media Workers Association of Grenada for
stifling a story about an editor who was arrested for being verbally
abusive to a magistrate. Some journalists avoided coverage of
Wikileaks-sourced material as a result of legal or political
uncertainties regarding its use.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 in
practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in the single instance where assistance was requested with regard to
refugees. In that case, the government awaited a decision by UNHCR
regarding a country for resettlement.
Protection of Refugees.--Access to Asylum.--The government has no
formal channels for providing protection to refugees or 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, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--The most
recent general elections were held in July 2008, when the National
Democratic Congress won 11 of the 15 seats in the House of
Representatives, defeating the New National Party, which had governed
for 13 years. The Organization of American States led a 25-member
election observer mission, which deemed the elections free and fair.
Participation by Women and Minorities.--Two women served in the
House of Representatives. Three of the 13 appointed senators were
women, including the president of the senate. Three female legislators
served as ministers of government. In the civil service, women held 15
of the 19 most senior positions --permanent secretaries.
Section 4. Official Corruption and Government Transparency
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively.
Allegations continued to circulate of instances in prior years of
corrupt practices by government officials.
Although the government appointed seven persons to a newly
established Integrity Commission in 2009 and the commission opened an
office, the commission was not operational by year's end.
Anticorruption laws require all public servants to report their
income and assets, but the appropriate regulations had not been
promulgated by year's end.
There are no laws mandating transparent reporting of political
donations or limiting the amount of political donations from outside
the country.
Although there is no law providing for public access to government
information, citizens may request access to any information that is not
deemed classified. However, statistics on government responsiveness to
those requests were not available.
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.
Government Human Rights Bodies.--The ombudsman has authority to
investigate complaints from persons who object to government actions
they deem to be unfair, an abuse of power, illegal, discriminatory, or
negligent. The ombudsman submitted his first annual report to
Parliament in June stating that two 2010 cases involving formal
investigations were resolved positively for the complainants. During
the year citizens raised more than 81 cases with the ombudsman, and
there were six pending from 2010.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
place of origin, political opinion, color, creed, or gender, and the
government generally upheld these prohibitions.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and stipulates a sentence of flogging or up to
15 years' imprisonment for a conviction of any nonconsensual form of
sex. Authorities referred 64 charges involving rape or related charges
for prosecution, and the court convicted 53 persons during the year.
According to women's rights monitors, violence against women
remained a serious and pervasive problem. In May, the Domestic Violence
against Women Act entered into force, and the government launched a
National Protocol on Domestic Abuse and Violence Against Women. The law
prohibits domestic violence and provides for penalties at the
discretion of the presiding judge based on the severity of the offense.
Police and judicial authorities usually acted promptly in cases of
domestic violence. Sentences for assault against a spouse vary
according to the severity of the incident. A shelter accommodating
approximately 12 battered and abused women and their children operated
in the northern part of the country, staffed by medical and
psychological counseling personnel. Victims and persons seeking to
report cases of abuse could contact the Ministry of Social Development
and local ministry offices in three parishes and the island of
Carriacou. However, domestic violence remained underreported as many
women were economically dependent on the perpetrators.
Sexual Harassment.--The law prohibits sexual harassment, but there
are no criminal penalties for it, although the government quantified it
as a persistent problem. It is the responsibility of the complainant to
bring a civil suit against an alleged harasser.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children and had access to contraception as well as obstetric and
postnatal care. According to U.N. Population Fund estimates, 99 percent
of births were attended by skilled health personnel and 52 percent of
women aged 15-49 used a modern method of contraception. Women and men
had equal access to reproductive health care.
Discrimination.--Women generally enjoyed the same rights as men,
and there was no evidence of official discrimination in employment or
education; however, women frequently earned less than men performing
the same work. Due in part to factors like post-hurricane
reconstruction, the poor economy, and high levels of unemployment,
women worked in nontraditional fields such as carpentry and
construction. Television and radio public service announcements
continued to combat spousal abuse and raise women's awareness of their
rights.
Children.--Birth Registration.--Citizenship is derived from birth
in the country or, if abroad, by birth to a Grenadian parent upon
petition. There is universal birth registration.
Child Abuse.--During the year government social service agencies
reported 138 cases of physical abuse, including 96 cases of sexual
abuse. Two cases of incest went to court. Abused children were placed
either in a government-run home or in private foster homes. The law
stipulates penalties ranging from five to 15 years' imprisonment for
those convicted of child abuse and disallows the victim's alleged
``consent'' as a defense in cases of incest. The Social Welfare
Division within the Ministry of Social Development provided
probationary and rehabilitative services to youth, day-care services,
and social work programs to families; assistance to families wishing to
adopt or provide foster care to children; and financial assistance to
the six children's homes run by private organizations.
Sexual Exploitation of Children.--A statutory rape law applies when
the victim is 16 years and under. Penalties are 15 years' imprisonment
if the victim is less than 14 and five years' imprisonment if the
victim is 14 to 16 years of age. No specific laws address child
pornography; but the law prohibits the importation, sale, and public
display of pornography. The criminal code prohibits sale and
trafficking of girls for prostitution, for the production of
pornography, or for pornographic performances, but it lacks similar
prohibitions that apply to boys.
International Child Abduction.--The government is not a party to
the 1980 Hague Convention on International Child Abduction. For
country-specific information see http://travel.state.gov/abduction/
country/country--3781.html.
Anti-Semitism.--There were no reports of societal abuses or
discrimination, including anti-Semitic acts. There was no organized
Jewish community.
Trafficking in Persons.--There were no reports that persons were
trafficked to, from, or within the country during the year.
Persons With Disabilities.--The constitution and law do not protect
job seekers with disabilities from discrimination in employment.
Although the law does not mandate access to public buildings or
services, building owners increasingly incorporated disabled access
into new construction and premises renovation. The government provided
for special education throughout the school system; however, most
parents chose to send their children to three special education schools
operating in the country. Persons with disabilities had full access to
the health-care system and other public services, faced no
discrimination in access to information and communication, and suffered
no restrictions on the right to vote or to participate fully in civic
affairs. The government and nongovernmental organizations (NGOs)
continued to provide training and work opportunities for such persons.
The Ministry of Social Services includes an office responsible for
looking after persons with disabilities, as well as the Council for the
Disabled, which reviews disability-related issues.
National/Racial/Ethnic Minorities.Approximately 8 percent of the
citizens are descendants of individuals who came to the country from
India as indentured servants, many of whom found themselves in slave-
like conditions. Some complained of residual discrimination based on
their origins, although most have intermarried with persons of European
or African descent.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
consensual same-sex sexual activities, providing penalties of up to 10
years' imprisonment. Police launched an investigation under this law
into an allegation of nonconsensual sodomy. Society generally was
intolerant of same-sex sexual conduct, and many churches condemned it.
Members of sexual minorities generally did not acknowledge openly their
sexual orientation. The Grenada Caribbean HIV/AIDS Program (GrenCHAP)
participated on the National AIDS Council and served as an advocate for
sexual minorities and at-risk populations.
There were no gay pride events. There were no reports of violence
linked to sexual orientation. There were no reports that sexual
orientation affected employment, housing, statelessness, or access to
education or health care. However, persons who were subjected to rumors
regarding their sexual orientation complained that their livelihoods
were affected.
Other Societal Violence or Discrimination.--It was not uncommon for
persons to be shunned by family members or face discrimination in
housing and employment when their HIV-positive status became known.
According to civil society contacts, fear of disclosing their status
prevented some persons with HIV/AIDS from seeking services provided by
government or civil society. While the government acted to ameliorate
concerns by the public about persons with HIV, it moved less quickly to
finalize policies in draft or to act on recommendations provided by the
HIV-positive community. The government encouraged citizens to be tested
and to get treatment. NGOs such as GrenCHAP and Hope Pals provided
counseling to those affected by HIV/AIDS, made recommendations to the
government on outreach and policy, and urged local companies to educate
themselves and their workers about HIV/AIDS in the workplace and not to
discriminate against employees with the disease.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law allow workers to form and join independent
labor unions, to conduct legal strikes, and to participate in
collective bargaining. The law prohibits antiunion discrimination, and
it requires employers to recognize a union that represents the majority
of workers in a particular business. The law does not oblige employers
to recognize a union formed by their employees if the majority of the
workforce does not belong to the union. Labor law covers all categories
of employees, including domestic workers and migrants.
While essential workers have the right to strike, the labor
minister may refer disputes involving essential services to compulsory
arbitration. The government's list of essential services is broad and
includes services not regarded by the International Labor Organization
as essential.
The government generally enforced labor laws in practice. While
employers can be forced to rehire employees if a court finds they were
discharged illegally, there were no such cases during the year.
Employers generally recognized and bargained with unions even if a
majority of the workforce did not belong to it. In December, workers
called a strike against the brewery, and the employer undertook a
cooling off period. At year's end the matter remained unresolved.
While unions were independent of government, some were affiliated
with political parties. Although security forces have been deployed to
the site of union-led demonstrations, there were no threats or violence
against union leaders and their members by the government or employers,
and no cases of government interference in union activities
b. Prohibition of Forced or Compulsory Labor.--The government
prohibits forced or compulsory labor, excepting court-ordered labor,
penal labor, labor while a member of a disciplined force, or in the
context of a public emergency, and there were no reports that such
practices occurred.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
statutory minimum age for employment of children is 16 years.
Employment for minors under 18 is permitted so long as certain
conditions related to hours, insurance and working conditions set forth
in the Labor Code are met. It was common practice for children to
undertake summer jobs or for school-leavers to take on part-time
employment following secondary school graduation at age 16.
Inspectors from the Labor Ministry enforced the minimum age
provision in the formal sector through periodic checks. Enforcement in
the informal sector was insufficient, particularly for family farms.
The Labor Ministry inspected family farms for child workers upon
receipt of child labor allegations.
The labor code does not specifically prohibit the sale or
trafficking of children for exploitive labor. Also see the Department
of Labor's Findings on the Worst Forms of Child Labor at www.dol.gov/
ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage schedules set
pay by occupation and, in the case of agricultural workers, by sex. The
minimum wage for domestic workers, for example, was EC$400 ($148)
monthly, while that for a security guard was EC $4.00 ($1.48) per hour.
The law provides for a 40-hour maximum workweek. The law does not
stipulate rest periods, although no one can be asked to work for longer
than five hours consecutively without a one-hour meal break. In
addition, domestic employees may not, by law, be asked to work longer
than a 10-hour period without at least two hours of breaks for meals
and rest periods. The law requires a premium for work above the
standard workweek and prohibits excessive or compulsory overtime. The
law mandates paid annual vacation--two weeks in the first year and
three weeks thereafter.
The government sets health and safety standards. Workers have the
right to remove themselves from dangerous workplace situations without
jeopardy to their continued employment.
Enforcement, including wages, hours, occupational safety, and other
elements, is the responsibility of the Ministry of Labor's seven labor
inspectors. Inspectors examined about 75 percent of eligible sites. The
government effectively enforced minimum wages. No violations of the law
concerning working hours were brought to the notice of government
authorities. The government's enforcement of occupational health and
safety standards was inconsistent. The government informally encouraged
business to rectify violations without resorting to formal channels for
compliance, which have never been used. Labor officers worked with
employers in sectors like energy, agriculture, and construction in
order to promote appropriate clothing, health checks, and pesticide
safety.
During the year the National Insurance Scheme received 501 claims
of workplace injury. There were no workplace deaths reported.
__________
GUATEMALA
executive summary
Guatemala is a multiparty constitutional republic. On November 6,
Otto Perez Molina of the Patriot Party (PP) won the presidential
election for a four-year term beginning January 2012. International
observers considered the election generally free and fair. During the
year security forces reported to civilian authorities, although there
were instances in which members of the security forces, particularly
the police, acted independently of civilian control.
The principal human rights-related problems included widespread
institutional corruption, particularly in the police and judicial
sectors; police involvement in serious crimes, including unlawful
killings, drug trafficking, and extortion; and widespread societal
violence, including violence against women and numerous killings, many
related to drug trafficking.
The country's human rights problems also included harsh and
dangerous prison conditions; arbitrary arrest and detention; failure of
the judicial system to ensure full and timely investigations and fair
trials; failure to protect judicial sector officials, witnesses, and
civil society representatives from intimidation; threats and
intimidation against, and killings of, journalists and trade unionists;
discrimination against women; trafficking in persons; discrimination
against indigenous communities; discrimination on the basis of sexual
orientation and gender identity; and ineffective enforcement of labor
and child labor laws.
The government increased its efforts to prosecute and punish
officials in the security services and elsewhere in the government who
committed crimes and abuses. However, impunity for crimes committed by
government officials remained a widespread problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--Although there were
no reports that the government committed politically motivated
killings, members of the police force allegedly committed unlawful
killings. Corruption, intimidation, and ineffectiveness within the
police force and other institutions prevented adequate investigation of
many such killings as well as the arrest and successful prosecution of
perpetrators.
The National Civilian Police (PNC) and its Office of Professional
Responsibility (ORP) reported they investigated 15 accusations of
killings involving 13 PNC agents, who remained under investigation at
year's end.
Between March and June, three indigenous persons were killed during
the eviction of families from a sugar plantation in Alta Verapaz
conducted by police, military, and private security forces.
Responsibility for the killings was unclear and investigations by the
Public Ministry continued at year's end (see section 6, Indigenous
People).
On October 27, PNC officer Alberto Fuentes Gomez was sentenced to
25 years in prison for the extrajudicial killing of Byron Camacho Gomez
in September 2010. Two other PNC agents, Benjamin Moises Lopez Baten
and Lizardo Florencio Joachin Lopez, were sentenced to three years in
prison as accomplices to the crime.
At year's end army major Hugo Leonel Zielke Puac; PNC officials
Ernesto Gutierrez Cos, Jairo Manuel Orozco, Osmandi Lopez Fuentes, and
Jorge Amilcar Ramirez Cerna; and Korean businessmen Woo Kun Yang and
Young Gag Lee remained in prison awaiting trial for the January 2010
killing of Te Paek Soung Kim.
There were no known developments in a number of additional cases
pending against PNC officers accused of unlawful killings in 2010.
During the year the Public Ministry arrested several former army
officers in connection with their alleged roles in pending cases from
the country's armed internal conflict (1960-96). Developments in
historical cases during the year included:
On June 17, former chief of the defense staff Hector Mario Lopez
Fuentes was arrested on charges of genocide, crimes against humanity,
and forced disappearance. Prosecutors claimed that Lopez Fuentes gave
the orders that resulted in 12 massacres and the deaths of 317 people
between 1982 and 1983 in the Ixil region of the Quiche Department.
Retired brigadier general Jose Mauricio Rodriguez Sanchez, the director
of military intelligence under Lopez Fuentes, was arrested on October
12 and also charged with these crimes. At year's end both suspects were
being held in preventive detention awaiting trial. On October 24,
former defense minister Oscar Humberto Mejia Victores, charged with
being the intellectual author of a policy of genocide, surrendered to
authorities in connection with the Lopez Fuentes and Rodriguez Sanchez
cases. However, government medical experts declared the 80-year-old
unfit to stand trial due to age-related mental illness. He was being
held in a military hospital at year's end.
On August 25, retired lieutenant colonel Carlos Antonio Carias
Lopez and Sergeants Reyes Collin Gualip, Daniel Martinez Mendez, and
Manuel Pop Sun were each sentenced to more than 6,000 years in prison
for crimes against humanity for their participation in the 1982
massacre of 201 civilians at the village of Dos Erres. A fifth suspect
in the Dos Erres case, former sergeant Pedro Pimentel Rios, was
arrested by authorities on July 12. At year's end Pimentel Rios was in
preventive detention awaiting trial.
On December 14, a judge ruled that there was sufficient evidence to
try a former military commissioner and four ex-members of the Civilian
Auto Defense Patrol for their alleged involvement in the massacre of
256 villagers at Plan de Sanchez, Rabinal, in July 1982. At year's end
the five suspects--Lucas Tecu, Julian Acoj Morales, Mario Acoj Morales,
Santos Rosales Garcia, and Eusebio Grave Garcia--remained in preventive
detention awaiting trial.
There were no developments in the 1993 killing of Jorge Carpio
Nicolle; the 1990 ``street children case'' and the ``white van case''
of 1987 and 1988; or the killings in 1982 of 177 civilians in Rio
Negro, Baja Verapaz.
b. Disappearance.--There were no reports of politically motivated
disappearances.
On February 17, the Supreme Court upheld the 2009 conviction of 150
years in prison for former military commissioner Felipe Cusanero for
his participation in the forced disappearance of six indigenous persons
between 1982 and 1984.
On April 8, retired army colonel Jorge Humberto Gomez Lopez was
arrested for his alleged role in connection with the 1984 forced
disappearance of student leader and trade union activist Fernando
Garcia. Gomez Lopez had been the commander of the unit responsible for
Garcia's capture. On June 9, retired army colonel Hector Bol de la Cruz
also was arrested for his alleged role in the case. Both Bol de la Cruz
and Gomez Lopez were under house arrest awaiting trial at year's end.
On July 26, authorities arrested former police commander Pedro
Garcia Arredondo for the 1981 forced disappearance of student Edgar
Saenz Calito. Garcia Arredondo remained in preventive detention
awaiting trial at year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and the law prohibit such
practices, government agents did not always respect these provisions.
There were credible reports of abuse and other mistreatment by PNC
members, including abusive treatment of minors in police detention (see
section 6, Children). Complaints typically related to the use of
excessive force during police operations.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and dangerous, and there were multiple instances of killings of
inmates by other inmates. The prison system continued to suffer from a
severe lack of resources, particularly in the areas of prison security
and medical services and facilities. Prisoners complained of inadequate
food and often had to pay for additional sustenance. Prison officials
reported running shops at three of the national prisons to provide jobs
to inmates. Some prisoners worked while incarcerated in order to pay
for their basic needs and support families. Prisons had inadequate
provisions for sanitation; bathing; ventilation; temperature; lighting;
basic emergency, dental, and medical care; and access to potable water.
Illegal drug sales and use were widespread. Prison officials reported
frequent escape attempts, gang fights, fabrication of homemade weapons,
and other manifestations of prisoner unrest. Prisoners reportedly used
cell phones to direct criminal activity both inside and outside of
prisons, including demanding extortion payments and coordinating
kidnappings for ransom and killings of bus drivers and assistants (who
were targets for the frequently violent extortion of bus fares, a
pervasive problem). The prison guard force of 2,250 was inadequate to
control prisoners effectively.
The media and nongovernmental organizations (NGOs) reported that
physical and sexual abuse of female and juvenile inmates was a serious
problem. Female inmates reported unnecessary body searches and verbal
abuse by prison guards. Children under three years of age could live in
prison with their mothers, although the penitentiary system provided
inadequate food for young children and many suffered from illness.
Lesbian, gay, bisexual, and transgender (LGBT) rights groups noted that
gay and transgender prisoners often were raped by other prisoners.
Prison overcrowding continued to be a problem. According to the
prison system registry, 19 prisons and jails designed to hold 6,974
persons held 12,835 inmates. There were 951 women and 585 juveniles in
the national penitentiary system.
On rare occasions male and female detainees in immigration
facilities were held together. In Puerto Barrios a prison for men
designed to hold 300 inmates held 535 men and 42 women. While the women
had separate living quarters, they did not have the same level of
access to recreational spaces as the men. Generally, however,
conditions for male and female prisoners were comparable throughout the
country.
Pretrial detainees sometimes were held in the same prison blocks
with the general prison population. On rare occasions juveniles and
adults were held together. Prisoners and detainees had reasonable
access to visitors and were permitted religious observance. Authorities
permitted prisoners and detainees to submit complaints to judicial
authorities without censorship and to request investigation of credible
allegations of inhumane conditions. While the government nominally
monitored prison and detention center conditions, authorities did not
regularly investigate credible allegations of inhumane conditions or
document the results of such investigations in a publicly accessible
manner.
The government permitted prison-monitoring visits by local and
international human rights groups, the Organization of American States
(OAS), public defenders, religious groups, and family members.
The human rights ombudsman does not have authority to serve on
behalf of prisoners and detainees to consider such matters as
alternatives to incarceration for nonviolent offenders, circumstances
of confinement of juvenile offenders, or procedural improvements to
ensure prisoners do not serve beyond the maximum sentence for the
charged offense. There were no steps taken during the year to improve
recordkeeping or to use alternatives to sentencing for nonviolent
offenders.
The government's Social Rehabilitation Program assigns a
multidisciplinary team to each prison with experts in labor, education,
psychology, social work, and medicine. Each team works with inmates to
provide them with the necessary skills to reintegrate into their
communities. Program officials reported that their effectiveness was
hampered by limited resources.
d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention, but there were credible
reports of arrests without judicial warrants, illegal detentions, and
failure to adhere to prescribed time limits in legal proceedings. In
practice, arresting officers sometimes failed to bring suspects before
magistrates within the legally mandated six-hour deadline, and
magistrates sometimes failed to hold a hearing within the legally
mandated 24-hour period.
Role of the Police and Security Apparatus.--The 24,600-member PNC,
overseen by the Ministry of Government and headed by a director general
appointed by the ministry, has responsibility in law and practice for
law enforcement and maintenance of order in the country. Civilian
authorities generally maintained effective control over the PNC, but
the government lacked effective mechanisms to investigate and punish
abuse and corruption. There were reports of impunity involving security
forces during the year. The PNC remained understaffed, inadequately
trained, and insufficiently funded, all of which substantially impeded
its effectiveness.
While no active members of the military served in the police
command structure, the government continued to employ the military to
support police units in response to rising crime. Joint police and
military operations under PNC operational control continued in
Guatemala City's high-crime neighborhoods and other areas.
Police impunity for criminal activities remained a serious problem.
There were credible reports that individual PNC officers and some
police units or persons disguised as police officers stopped cars and
buses to demand bribes or steal private property and in some cases
kidnapped, assaulted, and raped victims. Police and immigration
officials reportedly extorted and mistreated persons attempting to
enter the country illegally. The PNC routinely transferred officers
suspected of wrongdoing rather than investigating and punishing them.
Police threatened persons engaged in commercial sexual activities
with false drug charges to extort money or sexual favors and harassed
LGBT persons with similar threats. Critics accused police of
indiscriminate and illegal detentions when conducting antigang
operations in some high-crime neighborhoods. Security officials
allegedly arrested and imprisoned suspected gang members without
warrants or on false drug charges. There were reports of police
involvement in kidnappings for ransom. However, the ORP reported that
during the year there were no complaints filed for kidnapping by PNC
personnel.
The ORP, which is the mechanism for investigating security force
abuse, conducted internal investigations of misconduct by police
officers. During the year it reported receiving 1,814 complaints, which
included 15 complaints of killings, six forced disappearances, 138
illegal detentions, 68 thefts, 14 rapes, 117 threats, and 323 cases of
abuse of authority.
During the year the ORP investigated 1,259 police officers, 95 of
whom were subsequently dismissed and 537 of whom were exonerated. The
PNC trained 1,667 cadets in human rights and professional ethics. The
army required civil affairs officers at each command to plan and
document human rights training provided to soldiers. At year's end
7,737 military officers and soldiers had received human rights
training, according to the Ministry of Defense.
Arrest Procedures and Treatment While in Detention.--The law
requires that a court-issued arrest warrant be presented to a suspect
prior to arrest unless the suspect is caught in the act of committing a
crime. Police may not detain a suspect for more than six hours without
bringing the case before a judge. However, this right was not respected
in practice. Detainees often were not promptly informed of the charges
filed against them. After a suspect is arraigned, the prosecutor
generally has three months to complete the investigation and file the
case in court or seek a formal extension of the detention period. The
law prohibits the execution of search warrants between 6 p.m. and 6
a.m. unless a state of siege has been declared. The law provides for
access to lawyers and bail for most crimes. The government provides
legal representation for indigent detainees, and detainees have access
to family members. A judge has the discretion to determine whether bail
is necessary or permissible for pretrial detainees, depending on the
circumstances.
In high-crime areas of Guatemala City, Mixco, and Villa Nueva, the
government continued to operate five 24-hour court pilot projects that
enhanced the government's ability to comply with legal requirements to
bring suspects before a judge within six hours of initial detention,
thereby significantly reducing the number of cases dismissed for lack
of merit or on technical grounds.
Arbitrary Arrest.--During the year the ORP received 138 accusations
of illegal detention. There were no reliable data on the number of
arbitrary detentions, although most accounts indicated that police
forces routinely ignored writs of habeas corpus in cases of illegal
detention, particularly during neighborhood antigang operations.
Pretrial Detention.--Although the law establishes a three-month
limit for pretrial detention, prisoners often were detained past their
legal trial or release dates. Authorities did not release some
prisoners in a timely fashion after completing full sentences due to
the failure of judges to issue the necessary court order or other
bureaucratic problems. Trial delays often were due to the Public
Ministry and courts' lack of resources and staff. The government did
not keep statistics on the percentage of the prison and detainee
population in pretrial detention or the average length of time
detainees were held, including whether this equaled or exceeded
sentences for alleged crimes.
e. Denial of Fair Public Trial.--While the constitution and the law
provide for an independent judiciary, the judicial system often failed
to provide fair or timely trials due to inefficiency, corruption,
insufficient personnel and funds, and intimidation of judges,
prosecutors, and witnesses. The judiciary was generally independent,
although there were reports of ineffectiveness and manipulation in
practice. Many high-profile criminal cases remained pending in the
courts for long periods, as defense attorneys employed successive
appeals and motions.
Judges, prosecutors, plaintiffs, and witnesses continued to report
threats, intimidation, and surveillance. During the year the special
prosecutor for crimes against judicial workers received 243 complaints
of threats or aggression against workers in the judicial branch,
compared with 154 in 2010.
The Ministry of Government assigned police officers to the
International Commission to Combat Impunity in Guatemala (CICIG) to
augment security. The CICIG-vetted prosecutor unit, created by the
Public Ministry, continued to be directly supervised by a senior CICIG
prosecutor. At year's end CICIG continued its investigation of 27 high-
profile cases, prosecutions, and various other cases involving killings
of women, bus drivers, and bus assistants; trafficking in persons; and
attacks against and killings of unionists and human rights defenders.
There were credible reports of killings of witnesses. At year's end
33 persons were in the Public Ministry's witness protection program.
On February 15, Judge Erick Caceres Rodriguez was killed on his way
to court in San Benito, Peten. Marvin Victor Giovanni Cruz was arrested
for the killing two days later and sentenced to 25 years in prison on
October 26.
On May 24, Assistant Prosecutor Allan Stowlinsky Vidaurre, who had
prosecuted a case against members of the Zeta narcotics trafficking
organization, was killed in Coban, Alta Verapaz. On June 16,
authorities arrested 16 suspects, including PNC agent Victor Omar
Guillermo, on charges relating to Stowlinsky's kidnapping and killing.
At year's end the trial continued.
The Supreme Court continued to seek the suspension of judges and to
conduct criminal investigations for improprieties or irregularities in
cases under its jurisdiction. The Judicial Disciplinary Unit
investigated 1,223 complaints of wrongdoing and held hearings for 846
complaints during the year, and applied sanctions to several cases,
ranging from written notice to 30-day suspension.
Trial Procedures.--The constitution provides for the right to a
fair public trial, the presumption of innocence, the right to be
present at trial, and the right to counsel in a timely manner. Juries
are not used at trials. The government provides at public expense
attorneys for defendants facing serious criminal charges, including
indigent persons. Defendants and their attorneys have access to
government-held evidence relevant to their case. The law provides for
plea bargaining and the right of appeal. Three-judge panels render
verdicts. The law provides for oral trials and mandates language
interpretation for those needing it, in particular the large number of
indigenous persons who are not fluent in Spanish, although inadequate
government funding limited effective application of this requirement.
The Public Ministry utilized 20 interpreters nationwide, including in
former conflict areas of the country, and the Office of the Public
Defender employed 47 bilingual public defenders in locations where they
could also serve as translators.
The Public Ministry, acting semi-independently of the executive
branch, may initiate criminal proceedings on its own or in response to
a complaint. Private parties may participate in the prosecution of
criminal cases as plaintiffs. Lengthy investigations and frequent
procedural motions used by both defense and prosecution often led to
excessively long pretrial detention, frequently delaying trials for
months or years.
Regional Human Rights Court Decisions.--At year's end the
government had not responded to an order reissued by the Inter-American
Court of Human Rights in December 2010 to investigate fully the 1992
forced disappearance of Efrain Bamaca Velasquez. A Supreme Court
hearing to consider reopening the case was scheduled for 2012.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Individuals and
organizations had access to administrative and judicial remedies to
bring lawsuits seeking damages for, or cessation of, a human rights
violation or other alleged wrongs. While the judiciary was generally
impartial and independent in civil matters, it suffered from
inefficiency and institutional weaknesses. There were problems in
enforcing civil court orders. Some killings resulted from the PNC's
failure to enforce restraining orders promptly.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and the law prohibit such actions,
and the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice.
Freedom of the Press.--The independent media were active and
expressed a wide variety of views without overt government restriction.
Violence and Harassment.--Members of the press claimed that
increasing levels of impunity and violence in the country threatened
the practice of free and open journalism. The press also complained of
threats by organized crime and drug-trafficking organizations, noting
that these threats increased journalists' sense of vulnerability.
The Special Prosecutor's Unit for Crimes against Journalists
received 34 complaints of attacks and other acts of intimidation
against journalists, compared with 13 during 2010.
At year's end there were no arrests for the May 19 killing of
reporter Yensi Roberto Ordonez Galdez in Nueva Concepcion, Escuintla.
The journalist had allegedly received threats for some of his reporting
and had also been the victim of extortion.
At year's end there were no arrests for the April 2010 nearly fatal
shooting of journalist Luis Felipe Valenzuela.
Censorship or Content Restrictions.--Some members of the press
reported receiving pressure by various public officials regarding the
selection and content of their reporting. Some owners and members of
the media also accused the government of following a discriminatory
advertising policy, particularly with respect to leading print and
broadcast media that expressed news or commentary perceived as critical
of the president, his administration, the first lady, or public
officials and programs.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
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.--See the Department of State's
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 the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice.
Protection of Refugees.--Access to Asylum.--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.
Durable Solutions.--During the year the government received 16
requests for refugee status and accorded asylum or refugee status to 16
persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of nearly
universal suffrage for those 18 years of age and older. Members of the
armed forces and police are not permitted to vote.
Elections and Political Participation.--Recent Elections.--On
November 6, Otto Perez Molina of the PP won a four-year term as
president. The OAS international observation mission characterized the
elections as generally free and fair. The Office of the Human Rights
Ombudsman reported 36 killings of political activists or candidates,
mostly at the municipal level, during the election cycle. There were
few arrests or convictions for such killings, and the actors behind
them were generally unknown.
Participation of Women and Minorities.--There were 20 women in the
158-seat Congress. A total of 343 women served as judges nationwide,
including one on the Supreme Court and one on the Constitutional Court.
In October a woman was elected to serve a one-year term as president of
the Supreme Court. There were no women in the 13-member cabinet. Six of
the country's 333 mayors were women.
Despite a sizable indigenous population, there were no indigenous
cabinet members or Supreme Court justices. There were 113 indigenous
mayors and approximately 20 indigenous members of Congress.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. The
government did not implement the law effectively, however, and
officials frequently engaged in corrupt practices with impunity. There
was substantial corruption within the police and judiciary.
Government corruption was widely perceived to be a serious problem.
The Public Ministry continued to prosecute for corruption former vice
president Reyes Lopez and other senior members of previous governments.
On January 11, former minister of government Raul Velasquez
surrendered to authorities for his alleged involvement in a scheme to
embezzle 52 million quetzales ($6.7 million) in gasoline coupons for
PNC patrol units. Former secretary of presidential administrative
affairs Juan Carlos Leal Medina was arrested on May 20 for his alleged
participation in the case. Both officials remained in preventive
detention awaiting trial at year's end.
On May 9, former minister of defense and former minister of
government Eduardo Arevalo Lacs was acquitted of embezzlement charges.
At year's end several former government officials were under
arrest, awaiting trial, or were fugitives from justice on corruption-
related charges involving refurbishing the Fraijanes II Detention
Center.
In May 2010 authorities arrested Oscar Humberto Andrade Elizondo,
Ricardo Gustavo Maldonado Ortega, and Ricardo Alfonso Lancerio Ignacio
from the Foundation for Development and Technology (Fundtech) on
suspicion of stealing 17 million quetzales ($2.2 million). In September
2010 authorities arrested Rodrigo Lainfiesta on fraud and money-
laundering charges, and former Office of the Comptroller General
auditors Fernando Rodriguez Trejo, Francisco Javier Alvarado, Carlos
Enrique Lopez Gutierrez, Luis Alvarez Pereira, and Francisco Villatoro
for involvement in alleged corrupt activities with Fundtech.
Authorities were also investigating former ministers of government Raul
Velasquez and Salvador Gandara in relation to the case.
On August 26, the Constitutional Court upheld the U.S. request to
extradite former president Alfonso Portillo on charges of conspiracy to
commit money laundering. On November 15, President Alvaro Colom
announced that he would uphold the court's decision to extradite. At
year's end the Public Ministry was awaiting the outcome of its appeal
of Portillo's May 9 acquittal for embezzlement charges in Guatemala.
Public officials who earn more than 8,000 quetzales ($1,024) per
month or who manage public funds are subject to financial disclosure
laws overseen and enforced by the Controller General's Office. Lack of
political will and widespread impunity facilitated government
corruption.
The law provides for the right of citizens to access public
information and establishes fines for government agencies that obstruct
such access. In practice the government granted access to public
information for citizens and noncitizens, including foreign media,
although at times it provided access in a slow and incomplete manner.
There is no formal mechanism to appeal denials of requests. However,
petitioners often successfully appealed to the Office of the Human
Rights Ombudsman for assistance relating to a government denial of
public 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 somewhat cooperative and responsive to their views.
A number of NGOs, human rights workers, and trade unionists
reported threats or intimidation by unidentified persons, many of which
they asserted had links to organized crime and private security
companies, and complained that the government did little to investigate
these reports or prevent further incidents.
The Office of the Special Prosecutor for Human Rights opened new
cases involving anonymous telephone or written threats, physical
assaults, and surveillance of workplaces, residences, and vehicular
movements. The majority of such cases remained pending for lengthy
periods without investigation or languished in the court system.
The NGO Guatemalan Human Rights Defenders Protection Unit
(UDEFEGUA) reported 19 killings of human rights defenders during the
year. UDEFEGUA also reported 402 attacks against human rights defenders
during the year, a 33 percent increase from 2010. According to
UDEFEGUA, many of the attacks were related to conflicts over land and
the exploitation of natural resources.
At year's end no one had been arrested in connection with the 2010
killings of Evelinda Ramirez Reyes, president of the NGO Resistance
Front in the Defense of Natural Resources (FRENA), or FRENA member
Octavio Roblero.
U.N. and Other International Bodies.--The Office of the U.N. High
Commissioner for Human Rights maintained an office in the country; it
advised and assisted the government and monitored the human rights
situation. The government cooperated with the office and other
international organizations, including CICIG.
Government Human Rights Bodies.--The Office of the Human Rights
Ombudsman reports to Congress and monitors the human rights set forth
in the constitution. The ombudsman operated without government or party
interference, had the government's cooperation, and issued reports and
recommendations that were made public, including an annual report to
Congress on the fulfillment of its mandate. The office did not have
adequate resources. The public generally questioned the ombudman's
effectiveness.
The President's Commission on Human Rights (COPREDEH) is charged
with formulating and promoting the government's human rights policy,
representing the government before the Inter-American Commission on
Human Rights (IACHR), and negotiating amicable settlements in cases
before the Inter-American Court of Human Rights. COPREDEH also led
coordination of police protection for various human rights and labor
activists during the year. COPREDEH enjoyed the government's
cooperation and operated without government or party interference. It
did not have adequate resources but was considered reasonably effective
and had the trust of the public.
The Congressional Committee on Human Rights drafts and provides
advice on legislation regarding human rights matters. By law all
political parties represented in Congress are required to have a
representative on the committee. NGOs reported that they considered the
committee to be an effective public forum for promoting and protecting
human rights. The committee was not independent of party or government
influence.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the law prohibit discrimination based on race,
gender, disability, language, or social status. In practice the
government frequently did not enforce these provisions due to
inadequate resources, corruption, and a dysfunctional judicial system.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape and aggravated rape, and sets penalties between
five and 50 years in prison. The law also establishes penalties for
physical, economic, and psychological violence committed against women
because of their gender. However, the government did not enforce the
law effectively.
Rape and other sexual offenses remained serious problems. According
to the Public Ministry, 3,922 cases of rape were reported during the
year. At year's end 10,526 additional cases of sexual abuse and other
forms of physical violence were reported, according to the judiciary,
PNC, and Institute of Public Defense.
Police had minimal training or capacity to investigate sexual
crimes or assist victims of such crimes. The government maintained the
PNC's Special Unit for Sex Crimes, Office of Attention to Victims,
Office of the Special Prosecutor for Crimes against Women, and a
special unit for trafficking in persons and illegal adoptions within
the Special Prosecutor's Office for Organized Crime. Rape victims
frequently did not report crimes due to lack of confidence in the
justice system and fear of reprisals.
Violence against women, including domestic violence, remained a
serious problem. The law prohibits domestic abuse, provides for the
issuance of restraining orders against alleged aggressors and police
protection for victims, and requires the PNC to intervene in violent
situations in the home. In practice the PNC often failed to respond to
requests for assistance related to domestic violence. Women's groups
commented that few officers were trained to deal with domestic violence
or assist victims.
The Institute of Public Criminal Defense continued to provide free
legal, medical, and psychological assistance to victims of domestic
violence. At year's end the project had attended to 12,956 cases of
domestic violence.
The government's Program for Prevention and Eradication of
Intrafamily Violence, under the Secretariat of Social Work, reportedly
received on average five calls daily from battered women and children
via its three emergency hotlines. At year's end the Public Ministry
reported that it received more than 15,171 complaints of violence
against women and children, including domestic violence and economic
violence. Of the 14,448 complaints of sexual crimes, the government
reported 477 convictions at year's end.
Justices of the peace issued an unspecified number of restraining
orders against domestic violence aggressors and ordered police
protection for victims. Full investigation and prosecution of domestic
violence and rape cases took an average of one year. Although the law
affords protection, including shelter, to victims of domestic violence,
in practice there were insufficient facilities for this purpose.
The Office of the Ombudsman for Indigenous Women within COPREDEH
provided social services for victims of domestic or social violence, as
well as mediation, conflict resolution, and legal services for
indigenous women. The office also coordinated and promoted action by
government institutions and NGOs to prevent violence and discrimination
against indigenous women but lacked human resources and logistical
capacity to perform its functions on a national level. The office does
not maintain statistics on the cases it handles.
Femicide affected both women and girls and continued to be a
serious concern. In most killings, sexual assault, torture, and
mutilation were evident. The PNC reported 632 killings of women during
the year. There were few convictions for such cases, and NGOs noted
that the severity of sentences was not always appropriate to the crime.
The Ministry of Government continued to operate eight shelters for
victims of abuse in departments with the greatest incidence of domestic
violence. The centers provided legal and psychological support and
temporary accommodation. The Institute of Public Criminal Defense
hotline to assist female victims of physical violence received 59,613
calls during the year.
A Guatemala City women's shelter for victims of violence continued
to operate with capacity to house 20 victims and their families for six
months at a time. There were also two other shelters for women and
their children, with a capacity to house 40 persons each, in Guatemala
City and Quetzaltenango. The government and foreign donors provided
funding for these three shelters. An unknown number of smaller private
shelters operated in the countryside.
Sexual Harassment.--The law does not prohibit sexual harassment,
and there were no accurate estimates of its incidence. Human rights
organizations reported, however, that sexual harassment was widespread,
especially in industries in which the workforce was primarily female,
such as the textile and apparel sectors. Sexual harassment was also a
problem in the police force.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of
children, free from discrimination, coercion, and violence. The
government provided access to family planning information and sex
education through the public health system. The U.N. Population Fund
(UNFPA) reported that 34 percent of women used modern contraceptives.
Cultural, geographic, and linguistic barriers existed in access to
reproductive health care, particularly for indigenous women in rural
areas. Discriminatory attitudes among health-care providers and a lack
of culturally sensitive maternal health services also deterred many
indigenous women from accessing these services. The UNFPA estimated
that the maternal mortality rate was 110 deaths per 100,000 live
births. The principal causes of maternal mortality included limited
access to skilled health-care attendants and, in some instances, poor
prenatal and postnatal care. The National Survey on Infant and Maternal
Health reported that between 2008 and 2009, among women who received
prenatal care, 63 percent of rural women used services at home or from
a traditional midwife, and 76 percent of urban women went to clinics or
hospitals. The UNFPA estimated that only 41 percent of births during
the year were attended by skilled personnel. Women and men had equal
access to diagnosis and treatment for sexually transmitted infections.
Discrimination.--While the law establishes the principle of gender
equality, in practice women faced job discrimination and were less
likely to hold management positions. Women were employed primarily in
low-wage jobs in agriculture, retail businesses, the service sector,
the textile and apparel industries, and the government. Women were more
likely than men to be employed in the informal sector, where pay and
benefits generally were lower. Women may legally own, manage, and
inherit property on an equal basis with men, including in situations
involving divorce.
The government's Secretariat for Women's Affairs advises the
president on interagency coordination of policies affecting women and
their development. The secretariat's activities included seminars,
outreach, and providing information on discrimination against women.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory or from one's parents. The Office of the
U.N. High Commissioner for Refugees reported problems in registering
births, especially in indigenous communities, due to inadequate
government registration and documentation systems. Factors such as the
need to travel to unfamiliar urban areas, interact with nonindigenous
male government officials, and speak Spanish inhibited some indigenous
women from registering themselves and their children. Lack of
registration sometimes restricted children's access to public services.
Child Abuse.--Child abuse remained a serious problem. The Unit of
Adolescent and Child Victims of the Special Prosecutor's Office for
Women investigated cases of child abuse but did not report on its
cases. The judiciary reported a total of 262 cases of child abuse, 204
of which resulted in convictions. Many children left home after being
abused.
The Secretariat of Social Welfare, with oversight for children's
treatment, training, special education, and welfare programs, provided
shelter and assistance to children who were victims of abuse but
sometimes placed children under its care in shelters with juveniles who
had criminal records. The government operated a girls' shelter in
Antigua and a boys' shelter in San Jose Pinula. Two other shelters in
Quetzaltenango and Zacapa served both boys and girls. The government
devoted insufficient funds to shelters, and authorities often preferred
to send juveniles to youth shelters operated by NGOs.
Child Marriage.--The minimum legal age for marriage is 16 for boys
and 14 for girls with parental consent and 18 without it. There were
credible reports of forced early marriages in some rural indigenous
communities. There were no reported government efforts to combat child
marriage.
Sexual Exploitation of Children.--Child prostitution and child sex
tourism remained problems, with credible reports of child sex tourism
in Antigua, Guatemala City, and the Solola Department. The minimum age
of consensual sex is 18. The law provides sentences ranging from 13 to
24 years in prison, depending on the victim's age, for sex with a
minor. The law also prohibits child pornography and establishes
penalties of six to 10 years in prison for the production, promotion,
and selling of child pornography and two to four years' imprisonment
for possession of it.
The Human Rights Ombudsman's Office reported 26 ongoing cases of
child prostitution. The Office of the Attorney General reported no
convictions in cases of child prostitution during the year.
Displaced Children.--Criminals often recruited street children,
many of whom were former victims of domestic abuse, for purposes of
stealing, transporting contraband, prostitution, and illegal drug
activities. According to the Public Ministry and PNC, approximately
3,000 youth were involved in street gangs. The NGO Mutual Support Group
reported that 55 minors suffered violent deaths nationwide between
January and October. NGOs dealing with gangs and other youth reported
concerns that street youth detained by police were subject to abusive
treatment, including physical assaults.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts. The
Jewish population numbered approximately 2,000 persons.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution contains no specific
prohibitions against discrimination based on physical, sensory,
intellectual, and mental disabilities in employment, education, access
to health care, or the provision of other state services or other
areas. The law, however, mandates equal access to public facilities and
provides some other legal protections. In many cases persons with
physical and mental disabilities did not enjoy these rights, and the
government devoted few resources to addressing the problem. The law
does not mandate that persons with disabilities have access to
information or communications. The National Council for Persons with
Disabilities reported that few of the country's persons with
disabilities attended educational institutions or held jobs. The
council, composed of representatives of relevant government ministries
and agencies, is the principal government entity responsible for
protecting the rights of persons with disabilities. It met regularly to
discuss initiatives and had a budget of five million quetzales
($640,000).
There were minimal educational resources for persons with special
needs, and the majority of universities did not have accessible
facilities for persons with disabilities.
On December 10, a group of 35 persons with disabilities protested
at the Urban Transport (Transurbano) headquarters in Guatemala City
over the lack of accessible public transportation in the country.
Transurbano's spokesperson dismissed the protesters as misinformed.
The National Hospital for Mental Health, the principal health
provider for persons with mental illness, lacked basic supplies,
equipment, hygienic living conditions, and adequate professional
staffing.
Indigenous People.--Indigenous persons from 22 ethnic groups
constituted an estimated 43 percent of the population. The law provides
for equal rights for indigenous persons and obliges the government to
recognize, respect, and promote their lifestyles, customs, traditions,
social organizations, and manner of dress. Indigenous communities were
not regularly consulted on or able to participate in decisions
affecting the exploitation of resources in their territories, including
energy, minerals, timber, or other natural resources.
Maya indigenous communities reported a lack of infrastructure in
their communities, including poor roads and limited access to running
water and electricity. Maya and Garifuna indigenous persons reported
the need for schools with bilingual education and cultural studies,
educational scholarships, leadership training in order to increase
indigenous persons' participation in politics, and the construction of
universities (not just extension campuses), hospitals, and health
clinics in their communities.
Indigenous representatives voiced concerns that a number of
regional development projects not only lacked consultation with local
communities but also were used to enrich corrupt local officials and
political cronies, with few benefits returning to indigenous groups.
In May 2010 the IACHR issued precautionary measures recommending
the suspension of operations at the Marlin Mine, a gold mine in San
Marcos, due to environmental concerns. However, Goldcorp, the Canadian
firm that owned the mine, continued operations through the year, while
the government provided additional information to the IACHR in an
effort to seek a change in the precautionary measures. After reviewing
information provided by the parties, the IACHR issued new precautionary
measures on December 14 that, if fulfilled, could allow for the lifting
of the suspension.
Although some indigenous persons attained high positions as judges
and government officials, they generally were underrepresented in
politics and remained largely outside the country's political,
economic, social, and cultural mainstream due to limited educational
opportunities, poverty, lack of awareness of their rights, and
pervasive discrimination. While the indigenous population increased its
political participation, some civil society representatives questioned
whether such participation had resulted in greater influence in the
national political party structure. Indigenous lands often were not
effectively demarcated, frequently making problematic the formal
recognition of titles to land they occupied or claimed. Indigenous
rights advocates asserted that continuing lack of sensitivity by
security authorities to indigenous cultural norms and practices
engendered misunderstandings, and they complained that few indigenous
police officers worked in their own ethnic or linguistic communities.
In March a week-long government operation to evict an estimated 500
indigenous families from a former sugar plantation in the department of
Alta Verapaz resulted in the death of Antonio Bev Ac, injury of several
others, and destruction of crops and makeshift houses. On May 21, Oscar
Reyes was killed in a confrontation with private security guards of the
Chabil Utzaj Sugar Company that was reportedly related to the eviction.
On June 4, unknown gunmen killed community leader Maria Margarita Chub
Che, also apparently in connection with the eviction. At year's end no
one had been arrested in connection with the three killings.
Many indigenous persons were illiterate, and approximately 29
percent did not speak Spanish, according to the 2006 National
Statistics Institute National Survey of Life Conditions report, the
latest data available. While the average nonindigenous child from seven
to 17 years of age had received 4.4 years of schooling, indigenous
children of the same age range had received an average of 3.7 years,
according to the same report. More than 50 percent of indigenous women
over the age of 15 were illiterate, and a disproportionate number of
indigenous girls did not attend school. According to the Ministry of
Education, approximately 82,970 preschool- and kindergarten-age
indigenous children were enrolled in Spanish-indigenous language
bilingual education programs.
The Department of Indigenous People in the Ministry of Labor,
tasked with investigating cases of discrimination and representing
indigenous rights, counseled indigenous persons on their rights;
however, limited resources hindered the department's effectiveness.
Legally mandated court interpreters for criminal proceedings were
rarely available, placing indigenous persons arrested for crimes at a
disadvantage due to their sometimes limited comprehension of Spanish.
There were 118 judges who spoke Mayan languages among the 536 tribunals
in the country. There were 72 court interpreters, including 52
bilingual Mayan speakers, and the Supreme Court reported that the
judicial system had 914 employees who spoke indigenous languages.
However, in many instances bilingual judicial personnel continued to be
assigned to areas where their second language was not spoken.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--LGBT rights groups alleged
that members of the police regularly waited outside clubs and bars
frequented by LGBT persons to demand that those engaged in commercial
sexual activities provide protection money or pay police to avoid being
put in jail. Police often harassed male sex workers, many of whom were
minors, as well as transgender sex workers. According to LGBT rights
groups, gay men and transgender persons experienced police abuse
frequently because of their visibility and the number of places in
which they were known to socialize.
A lack of trust in the judicial system and a fear of further
harassment or social recrimination discouraged victims from filing
complaints. There was general societal discrimination against LGBT
persons in access to education and health care, employment, and
housing. The government undertook minimal efforts to address this
discrimination; however, cooperation between the LGBT community and the
government improved modestly over the course of the year through the
establishment of three government health clinics for LGBT persons.
On February 24, Victor Jose Cruz, a transgender person, was shot
and killed in Quetzaltenango. On July 18, the body of a man dressed in
women's clothing was found in Guatemala City. Police failed to
investigate both cases, and there were no arrests in connection with
either by year's end.
LGBT rights groups reported that when bodies of LGBT persons were
found, the victim's genitals were often mutilated and insults were
written on the body or burned on the skin.
Other Societal Violence or Discrimination.--The law does not
expressly include HIV/AIDS status among the categories prohibited from
discrimination, and there was societal discrimination against persons
with HIV/AIDS.
According to PNC statistics, vigilante mobs (most often in rural
indigenous communities) killed 44 persons and injured 21 in lynchings
and attempted lynchings during the year. Targets were often individuals
suspected of rape, kidnapping, theft, or extortion. Many observers
attributed the lynchings to public frustration with the failure of
police and judicial authorities to provide security and to the
emergence of local citizen-security groups. In many instances PNC
agents refused to intervene due to fear for their own safety.
On October 4, Luis Gilberto Tian disappeared, allegedly at the
hands of an 80-person vigilante organization in Panajachel, Solola; the
motive was unclear. On October 31, Juan Manuel Ralon Solorzano and
Victor Manuel Anleu Mogollon, two of the alleged leaders of the group,
were arrested on charges of illegal detention and causing serious
bodily harm. A third suspect wanted on the same charges, Manuel
Santiago Cululen Cumes, remained at large at year's end.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides all workers, with the exception of security force
members, the right to form and join trade unions of their choice and
allows workers to conduct legal strikes and bargain collectively. The
law places some restrictions on these rights. For instance, legal
recognition of a new industry-wide union requires that the membership
constitute a 50 percent-plus-one majority of the workers in an industry
and restricts union leadership to citizens.
By law a strike must have the support of 51 percent of a company's
workforce. The president and cabinet may suspend any strike deemed
``gravely prejudicial to the country's essential activities and public
services.'' The government defined ``essential services'' more broadly
than international standards, thus denying the right to strike to a
large number of public workers, such as those working in education,
postal services, transport, and energy production, transportation, and
distribution. Public employees and workers in sectors deemed essential
may address grievances by means of mediation and arbitration through
the Ministry of Labor's General Inspectorate of Labor and also directly
through the labor courts.
The law prohibits employer retaliation against strikers engaged in
legal strikes. However, employers may suspend or fire workers for
absence without leave if authorities have not recognized a strike as
legal. The law calls for binding arbitration if no agreement is reached
after 30 days of negotiation.
A factory or business owner is not obligated to negotiate a
collective bargaining agreement unless at least 25 percent of workers
in that factory or business are union members and request negotiations.
The law prohibits antiunion discrimination and employer interference in
union activities and requires employers to reinstate workers dismissed
illegally for union-organizing activities.
The government did not systematically enforce legislation on
freedom of association, collective bargaining, or antiunion
discrimination. The government did little to investigate, prosecute,
and punish employers who violated freedom of association and collective
bargaining laws or to reinstate workers illegally dismissed for
engaging in union activities. Inspectors repeatedly failed to take
action, including failing to seek police assistance, to ensure access
to worksites in response to employers' refusal to permit labor
inspectors to enter facilities to investigate worker complaints.
Penalties for labor law violations were inadequate and rarely enforced.
The Labor Ministry cannot sanction employers for labor law
violations discovered during inspections but must refer these cases to
the courts. Only labor courts have the authority to impose sanctions
for labor law violations, although according to ministry officials,
courts rarely sanctioned employers for ignoring legally binding court
orders, and employers frequently refused to honor those decisions
favorable to workers. Appeals by employers, along with widespread use
of legal maneuvers such as reincorporation as a different entity, often
prolonged reinstatement proceedings. The labor courts had a backlog of
cases regarding the reinstatement of workers. The length of time to
process such cases was excessive, with cases often taking two to four
years and some lasting more than 10 years. The delay in processing
labor law complaints--from submission to final resolution--facilitated
impunity for employers.
In September and December 2010 the government took part in formal
cooperative labor consultations under the Dominican Republic-Central
America-United States Free Trade Agreement's (CAFTA-DR) Labor Chapter
to address concerns about systemic weaknesses in enforcement of labor
laws, first identified in the 2009 official report in response to a
2008 public submission. The labor consultations failed to resolve the
issues of concern, resulting in a bilateral meeting of the agreement's
Free Trade Commission in June under the CAFTA-DR Dispute Settlement
Chapter. The government's failure to take concrete enforcement action
to improve measurably compliance with the country's labor laws resulted
in a request on August 9 for the establishment of an arbitral panel. At
year's end panel members had not yet been selected.
The Special Prosecutor's Unit for Crimes against Unionists within
the Office of the Special Prosecutor for Human Rights is charged with
investigating attacks against union members. The unit's small size
(four prosecutors) limited its effectiveness. According to Public
Ministry statistics, the unit achieved no convictions in the 53 cases
it handled. The International Labor Organization (ILO) noted its
concern that the failures of the justice system had grown worse with
respect to violence against trade unionists.
Union formation restrictions effectively eliminated the possibility
for workers to exercise their rights to negotiate and engage employers
formally at an industry level. The International Trade Union
Confederation's annual report noted numerous and arbitrary obstacles
for union registration in practice.
Violence and threats against trade unionists and worker activists
remained serious problems and, combined with weak and ineffective
enforcement of labor and employment laws, restricted freedom of
association and the right to collective bargaining. Several labor
leaders were killed and others reported receiving death threats and
being targets of other acts of intimidation. UDEFEGUA indicated in its
annual report that at least four trade unionists were killed by unknown
assailants. The ILO continued to stress its deep concern regarding
violence against trade union leaders and members, and the government's
lack of political will to combat violence against them or to combat
impunity.
Most acts of violence and threats were not well investigated and
went unprosecuted, often making it difficult to identify motives for
killings. Local unions urged authorities to investigate the killings of
unionists and called for increased security for union leaders and
members. During the year four members of the Banana Workers Union of
Izabal (SITRABI) were shot and killed in the Izabal Department: Oscar
Humberto Gonzalez Vasquez on April 10, finance secretary Idar Joel
Hernandez Godoy on May 26, Henry Anibal Marroquin Orellana on September
24, and Pablino Yaque Cervantes on October 16. At year's end no one had
been arrested in connection with the killings.
At year's end no arrests were made and none were expected in the
2010 deaths of four union members belonging to the Guatemalan National
Health Care Workers' Union and the serious wounding of a fifth in a
series of separate shooting incidents.
Procedural hurdles, combined with the small number of unionized
workers and impunity for employers ignoring court orders, limited
freedom of association and collective bargaining in practice. Many
employers ignored judicial rulings requiring the employer to negotiate
with recognized unions.
Employers routinely resisted union formation attempts, and there
were credible reports of retaliation by employers against workers who
tried to exercise their rights, including numerous complaints filed
with the Ministry of Labor and Public Ministry alleging employer
retaliation for union activity. Common practices included termination
and harassment of workers who attempted to form workplace unions,
creation of illegal company-supported unions to counter legally
established unions, blacklisting of union organizers, and threats of
factory closures. Employers threatened not to renew contracts or not to
offer subcontracted workers permanent employment if the worker joined a
union or refused to disaffiliate. There continued to be reports that
management or persons hired by management harassed and made death
threats against workers who did not accept employer dismissals or
refused to forfeit their right to reinstatement.
During the year workers who suffered illegal dismissal won court
injunctions ordering reinstatement, but in practice employers often
failed to comply with reinstatement orders. Employers, often with
impunity, failed to pay the full amount of legally required severance
payments to workers or to pay court-ordered fines.
Local unions reported that businesses also continued to use
fraudulent bankruptcies, ownership substitution, and reincorporation of
companies to circumvent legal obligations to recognize newly formed or
established unions. Unions and workers also reported that employers
subdivided into smaller companies in order to make it more difficult
for nascent unions to find the 20 supporters required.
An active Solidarismo (a national solidarity association movement)
exists. Unions may operate legally in workplaces that have solidarity
associations, and workers have the right to belong to either or both.
Although the law stipulates that trade unions have an exclusive right
to negotiate work conditions on behalf of workers, unions asserted that
management promoted solidarity associations to discourage the formation
of trade unions or to compete with existing labor unions.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. The government failed to
enforce these laws effectively in some cases, and there were reports
that men and women were subjected to forced labor in agriculture and
domestic service. There were also reports of forced child labor
occurring in practice (see section 7.c.).
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law bars employment of minors under the age of 14 without written
permission from parents and the Ministry of Labor. The law prohibits
persons under the age of 18 from work where alcoholic beverages are
served, in unhealthy or dangerous conditions, and at night or overtime.
The legal workday for persons younger than 14 is six hours, and for
persons 14 to 17 years of age, seven hours.
The Ministry of Labor's Child Worker Protection Unit is charged
with enforcing restrictions on child labor and educating minors, their
parents, and employers on the rights of minors in the labor market.
While penalties in theory are adequate to deter child labor, the
government did not effectively enforce these laws, a situation
exacerbated by the weakness of the labor-inspection and labor-court
systems. In exceptional cases the Labor Inspectorate may authorize
children under the age of 14 to work, but the Ministry of Labor has
committed not to provide such authorizations, and the Labor
Inspectorate reported that it did not make any authorizations during
the year. The government devoted insufficient resources to prevention
programs.
Child labor was a widespread problem. The NGO Conrad Project
Association of the Cross estimated that the workforce included
approximately one million children between the ages of five and 17.
Most child labor occurred in rural indigenous areas. The informal and
agricultural sectors regularly employed children below 14 years of age,
usually in small family enterprises, and there were reports during the
year that child labor existed in the production of broccoli, coffee,
corn, fireworks, gravel, and sugar. Indigenous children also worked
frequently in street sales and rubber and timber production and as shoe
shiners and bricklayer assistants. Some child laborers worked an
average of 45 hours per week.
An estimated 39,000 children, primarily indigenous girls, worked as
domestic servants and were often vulnerable to physical and sexual
abuse. In the Mexican border area, there were reports of forced child
labor in municipal dumps and in street begging.
Also see the Department of Department of Labor's Findings on the
Worst Forms of Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The law sets national minimum
wages for agricultural and nonagricultural work and work in garment
factories. The minimum wage was 63.70 quetzales ($8.16) per day for
agricultural and nonagricultural work and 59.45 quetzales ($7.61) per
day for work in garment factories. In December the National Statistics
Institute estimated that the minimum food budget for a family of five
was 2,440 quetzales ($312) per month. The basic basket for vital needs,
including food and housing, was 4,452 quetzales ($570). Labor
representatives noted that even where both parents worked, the minimum
wage did not enable a family to meet the basic basket of vital needs.
The legal workweek is 48 hours with at least one paid 24-hour rest
period. Daily and weekly maximum hour limits do not apply to domestic
workers. Workers in the formal sector receive the standard pay for a
day's work for official annual holidays. Time-and-a-half pay is
required for overtime work, and the law prohibits excessive compulsory
overtime.
The Ministry of Labor conducted inspections to monitor compliance
with minimum-wage law provisions, but the government allocated
inadequate resources to enable inspectors to enforce the law,
especially in the agricultural sector and very large informal sector.
The Ministry of Labor employed approximately 240 labor inspectors,
although many of them performed conciliation or administrative duties
rather than clearly defined inspection duties. The Ministry of Labor
operated a call center that received calls to request information or
advice or register complaints about labor law violations. Complaints
were referred to labor inspectors and labor courts for further action.
Labor inspectors reported uncovering numerous instances of overtime
abuses, but effective enforcement was undermined due to inadequate
fines, labor court inefficiencies, employer refusals to permit labor
inspectors to enter facilities or provide access to payroll records and
other documentation, and inspectors' lack of effective follow-up in the
face of such refusals, including failure to seek police assistance to
gain access to worksites when needed. Fines were insufficient to deter
violations. Moreover, labor inspectors were not authorized by law to
sanction employers but had to send alleged violations to the labor
courts, where decisions favorable to workers were rarely enforced.
The government sets occupational health and safety standards, which
were inadequate and poorly enforced. Authorities often failed to
investigate fully or assign responsibility for negligence, and
employers rarely were sanctioned for failing to provide a safe
workplace. Legislation requiring companies with more than 50 employees
to provide onsite medical facilities for their workers was not
enforced.
Trade union leaders and human rights groups charged that employers
required workers to work overtime without legally mandated premium pay
and did so with impunity. Management often manipulated employer-
provided transportation to force employees to work overtime, especially
in export processing zones located in isolated areas with limited
transportation alternatives. Noncompliance with minimum wage provisions
in the agriculture and informal sector was widespread. Advocacy groups
estimated that more than half of the workers in rural areas who engaged
in daylong employment did not receive the wages, benefits, and social
security allocations required by law. According to credible estimates,
between 65 and 75 percent of the workforce continued to work within the
informal sector and outside the basic protections afforded by law.
Local unions continued to highlight and protest violations by
employers who failed to pay employer and employee contributions to the
national social security system despite employee contribution
deductions from workers' paychecks. These violations, particularly
common in the private sector and export industries, resulted in
limiting or denying employees' access to the public health system and
reducing or underpaying workers' pension benefits during their
retirement years. Although workers have the right to remove themselves
from dangerous work situations without reprisal, few workers were
willing to jeopardize their jobs by complaining about such conditions.
Three construction workers were killed and seven were injured while
building a church in August.
__________
GUYANA
executive summary
The Cooperative Republic of Guyana is a multiparty democracy. On
November 28, voters elected Donald Ramotar of the People's Progressive
Party Civic (PPP/C) to be president, replacing Bharrat Jagdeo of the
same party. However, the PPP/C won only 48.6 percent of the vote, and
President Ramotar presides over the first minority government in
parliament since independence in 1966. International and local
observers considered the elections to be generally free, transparent,
and peaceful. Security forces reported to civilian authorities.
The most serious human rights abuses involved complaints of
mistreatment of suspects and detainees by security forces, unlawful
killings by police, and poor prison and jail conditions.
Other human rights problems included lengthy pretrial detention;
allegations of government corruption, including among police officials;
sexual and domestic violence against women; and abuse of minors.
There were no independent and transparent procedures for handling
allegations of killings and other abuses by security force members.
Prosecutions when pursued were extremely lengthy, and convictions were
rare. As a result there was a widespread perception that security force
members enjoyed impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings, and the
Police Complaints Authority (PCA) received no complaints of unlawful
killings. The Guyana Human Rights Association recorded five fatal
police shootings.
On May 2, a police officer shot and killed Angold Cox at his home.
According to the police, officers responded to a report that Cox
threatened to kill a tenant at his home, and when approached he
attacked the officers who claimed they had to resort to the use of
force. However, relatives and neighbors accused police of using
excessive force, saying that Cox barricaded himself to avoid arrest and
only jabbed a piece of wood at a policeman outside his door. A witness
claimed that she saw a policeman point a gun through a broken door,
fire it, and then tell the others that he ``got him."
Trials in the High Court remained pending for the police officer
charged with the June 2010 murder of 16-year-old student Kelvin Fraser
and for three Coast Guard personnel charged with the 2009 killing of
businessman Dweive Kant.
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. Nonetheless, there were
reports alleging mistreatment of inmates by prison officials as well as
allegations of police abuse of suspects and detainees.
During the year the PCA received 11 complaints of unnecessary use
of violence. Local media reported several cases of random police
brutality, arrest, and interrogation prior to investigation. On
September 9, policemen allegedly pointed a gun at, beat, and then
arrested taxi driver Claude Bristol for driving away from the police
following a traffic stop.
A woman accused the police commissioner of raping her in November
(see section 6). Also in November authorities placed two men stationed
at the Cove and John Police Station under arrest while they
investigated a report that the men were sexually involved with two
female prisoners (one a juvenile) in custody at the station. The case
remained pending at year's end.
Although authorities charged Detective Corporal Ricardo Inniss on
February 1 with the December 2010 rape of a 21-year-old woman in
custody at the Turkeyen Police Station, the case was subsequently
dismissed.
On January 14, after the witnesses failed to appear, the court
dismissed the high-profile case against three police officers for
maliciously wounding three suspects during a murder investigation in
2009. On June 17, a court awarded one of those suspects, 14-year-old
Twyon Thomas, 6.5 million Guyanese dollars ($32,178) in damages as a
result of a civil action filed in February 2010. On July 28, the
attorney general appealed the award, and the matter remained pending at
year's end.
Prison and Detention Center Conditions.--Prison and jail conditions
were poor and deteriorating, particularly in police holding cells.
Capacity and resource constraints were a problem. The Guyana Prison
Service (GPS) reported that as of October 31, there were 1,962
prisoners in five facilities, which had a combined design capacity of
1,580. A total of 997 prisoners were in Georgetown's Camp Street
Prison, which was designed to hold 775 inmates. Overcrowding was in
large part due to a backlog of pretrial detainees, who constituted
approximately 39 percent of the total prison population.
Prisoners have access to potable water, and government medical
officers visit each prison on a monthly basis. In addition a medical
staff consisting of a medical examiner, registered nurses, and
assistant nurses provide daily treatment and monitor the sick as
advised by the medical doctors.
There were 88 female prisoners, all at the New Amsterdam prison.
Authorities held some female detainees temporarily at the East La
Penitence Police Station. The GPS offered rehabilitation programs
focused on vocational training and education; however, such programs
did not adequately address the needs of prisoners with substance abuse
problems.
Unlike in past years, when all newly hired prison guards received
limited human rights training from the Guyana Human Rights Association,
the association was not invited to perform training during the year.
Although precinct jails were intended to serve only as pretrial
holding areas, some suspects were detained there as long as two years,
awaiting judicial action on their cases.
There was one death in prison, which occurred when three prisoners
attacked a fourth, who died as a result of a fractured skull.
Authorities charged the three with murder. Following an inmate-upon-
inmate killing in 2010, the GPS announced measures to keep mentally
unstable inmates segregated from the general prison population until
construction of a separate facility to hold them, and authorities held
35 inmates isolated from the general prison population at the
Georgetown facility.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Prison chaplains representing the major
faiths in the country were appointed to all prison facilities.
Prisoners and detainees are able to submit complaints to judicial
authorities without censorship and to request investigation of credible
allegations of inhumane conditions. Prisoners often circumvented
procedures for submitting complaints by passing letters addressed to
government officials to family members.
The government investigated and monitored prison and detention
center conditions. Prison visiting committees prepared monthly reports
on the Georgetown, Mazaruni, New Amsterdam, and Timehri prisons. Based
upon such reports, the GPS identified areas for improvement, especially
with regard to health care, such as the need for a permanent doctor and
increased staffing and training.
Juvenile offenders 16 years of age and older were held with the
adult prison population. Juvenile offenders ages 15 and younger were
held in the New Opportunity Corps (NOC), a juvenile correctional center
that offered primary education, vocational training, and basic medical
care. Problems at the NOC included lax security and understaffing.
There were complaints that juvenile runaways, or those out of their
guardians' care, were placed with juveniles who had committed crimes,
leading some petty offenders to become involved in more serious
criminal activity.
There was no indication that the government declined to permit
outside groups to monitor prison conditions independently, but there
were no known requests to make such visits during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions. However, during the year the PCA received a number of
complaints of unlawful arrest.
Role of the Police and Security Apparatus.--The Guyana Police Force
(GPF), which is headed by the commissioner of police and overseen by
the Ministry of Home Affairs, is responsible for maintaining internal
security. The duties of the Guyana Defense Force (GDF) include
defending the country's territorial integrity, assisting civil
authorities to maintain law and order, and contributing to economic
development. The GDF, headed by a chief of staff, falls under the
purview of the Defense Board, which the president chairs.
Inadequate training, poor equipment, and acute budgetary
constraints severely limited the GPF's effectiveness. Public confidence
in, and cooperation with, the police remained low. There were reports
of corruption in the police force. Police force abuses may be reported
to the PCA; however, the PCA did not possess an independent
investigation unit.
Authorities charged and brought to court 39 GPF members for various
crimes including robbery, simple larceny, bribery, and indecent
assault.
During the year the PCA received 245 written complaints and 339
oral complaints, 79 of which were sent from the commissioner of police.
Most cited police neglect of duties, unlawful arrest, and unnecessary
use of force. The PCA recommended disciplinary action in 30 cases;
there were no recommendations for criminal charges. At year's end 102
reports remained outstanding.
PCA efforts to conduct impartial and transparent assessment of the
accusations it received were obstructed by staff shortages (six of
seven full-time positions were filled), as well as the lack of an
investigative unit. By law the police commissioner must comply with the
PCA's recommendations on complaints, but the PCA relied on the GPF to
conduct investigations into complaints against its own officers. Long
delays in receiving reports from the commissioner also thwarted the
complaints process. Most cases involving charges against police
officers were heard by lower magistrate's courts, where specially
trained police officers served as the prosecutors.
Arrest Procedures and Treatment While in Detention.--An arrest
requires a warrant issued by a court official unless an officer who
witnesses a crime believes there is good cause to suspect that a crime
or a breach of the peace has been or will be committed. The law
requires that a person arrested and held for more than 72 hours be
brought before a court to be charged; authorities generally observed
this requirement in practice. Bail was generally available except in
cases of capital offenses and narcotics trafficking.
Although the law provides criminal detainees prompt access to a
lawyer of their choice and to family members, in practice these rights
sometimes were not fully respected. The state provides legal counsel
for indigent persons only when such persons are charged with a capital
offense. However, the Legal Aid Clinic provides legal counsel at a
reduced fee in certain circumstances, as determined by the clinic.
Police routinely required permission from the senior investigating
officer, who was seldom on the premises, before permitting counsel
access to a client.
Lengthy pretrial detention, due primarily to judicial inefficiency,
staff shortages, and cumbersome legal procedures, remained a problem.
Pretrial detainees constituted 39 percent of the prison and detainee
population. The average length of pretrial detention ranged from six to
18 months for those awaiting trial at a magistrate's court or in the
High Court.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected this
provision in practice.
Delays and inefficiencies undermined judicial due process.
In October the High Court scheduled 206 cases for the Demerara
criminal assizes, but only six matters were tried, and the prosecution
decided to drop five cases. Delays were caused by shortages of trained
court personnel and magistrates, inadequate resources, postponements at
the request of the defense or prosecution, occasional allegations of
bribery, poor tracking of cases, and the slowness of police in
preparing cases for trial. In at least one of the cases heard during
the session, the accused had been incarcerated since 2007. There were
226 cases listed to be heard when the next Demerara assizes open in
January 2012.
Trial Procedures.--Trials are public, and defendants enjoy a
presumption of innocence. Cases in magistrate's courts are tried
without jury. Cases involving more serious crimes are tried by jury in
the High Court. Defendants can confront witnesses against them and have
access to relevant government-held evidence. Defendants have the right
to appeal. Trial postponements were granted routinely to both the
defense and the prosecution. The law extends these rights to all
citizens.
The law recognizes the right to legal counsel; however, it was
limited to those who could afford to pay, except in cases involving
capital crimes. Although there is no public defender system, a
defendant in a murder case that reaches the High Court receives a
court-appointed attorney. The Georgetown Legal Aid Clinic, with
government and private support, provided advice to persons who could
not afford a lawyer, particularly victims of domestic violence and
violence against women.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters, and the
government generally respected this provision in practice. Individuals
can access the court system to initiate lawsuits seeking damages for,
or cessation of, some human rights violations. The magistrate's courts
deal with both criminal and civil matters. Delays, inefficiencies, and
alleged corruption in the magistrate court system affected the ability
of citizens to seek timely remedies in civil matters, and there was a
large backlog of civil cases.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech including for members of
the press, and the government generally respected this right in
practice; however, the government's monopoly on radio broadcasting
continued throughout most of the year. Observers believed the
government attempted to censor or restrict content and sought
indirectly to censor the print media by controlling advertising.
Freedom of Speech.--All radio stations operating on the
electromagnetic spectrum are government controlled. In 2009 the Court
of Appeal ruled that the government had an unlawful monopoly on the
airwaves and that the National Frequency Management Unit was not
adequately considering radio license applications. The government's
monopoly on radio broadcasting continued, limiting the expression of
opposition views, even though the National Assembly passed and then
president Jagdeo assented to a new broadcasting bill on September 27.
The new broadcasting law creates a Guyana National Broadcasting
Authority and a governing board; the president appoints the chairman
and all members of the board, restricting the independence of the
authority. The law states that programs that address controversial
public policy or matters of political or industrial contention ``must
meet standards of fairness, balance, and accuracy, maintaining a proper
balance and respect for truth and integrity and always ensuring that
opposing views are not misrepresented.'' The then President Jagdeo, who
also held the portfolio of minister of information, asserted that the
bill's passage would allow him to review the 55 radio applications
pending. Although the president said he was committed to granting new
radio licenses, he said it would not be done before the November
elections. At year's end media reports suggested that licenses had been
approved for some longstanding applicants, although the process was not
transparent, and there were further steps needed before new stations
may begin broadcasting.
Censorship or Content Restrictions.--After a Channel 6 telecast on
May 4 in which former television owner Anthony Vieira gave commentary
said to be offensive, the Advisory Committee on Broadcasting
recommended a suspension of the station. On September 30, the then
President Jagdeo instituted a four-month suspension of Channel 6, but
following a public outcry, on October 10 he temporarily lifted the
suspension until after the elections.
On August 26, the chairman of the Elections Commission announced
the reopening of the Media Monitoring Unit that ceased operations in
July 2010, following the government's request that the U.N. Development
Program cease its support for the unit. That unit appeared to be
effective in monitoring and reporting on media content in the period
prior to the elections, highlighting signs of inequitable reporting in
a number of publications and broadcasts.
Libel Laws/National Security.--Government officials used libel laws
to suppress criticism. The hearing into the 10 million Guyanese dollars
($50,000) libel suit filed by former president Jagdeo in July 2010
against the Kaieteur News publishers, its editor in chief, and one of
its columnists commenced on August 19 and remained pending at year's
end.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedoms of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The Amerindian Act requires that the local village councils
grant permission for travel to Amerindian areas. In practice most
persons traveled throughout these areas without a permit.
The government cooperated with the U.N. 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.
Protection of Refugees.--Access to Asylum.--The government has not
established a system for providing protection to refugees or asylum
seekers and did not grant status to any person during the year,
although one person submitted a letter of inquiry about applying for
asylum. In the absence of national legislation and requisite government
capacity, the UNHCR assumed the main responsibility for determination
of refugee status.
Nonrefoulement.--According to the U.N.'s Universal Periodic Review,
in some cases the nonrefoulement principle was not fully respected.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair national elections based on universal
suffrage. However, local government elections, which the law provides
should be held every three years, have not been carried out since 1994.
Elections are also held within Amerindian communities where members
elect Amerindian leaders known as Toshaos.
Elections and Political Participation.--Recent Elections.--On
November 28, voters elected PPP/C candidate Donald Ramotar to a five-
year term as president, replacing outgoing PPP/C president Jagdeo.
However, the PPP/C gained only 48.6 percent of the vote, and President
Ramotar therefore presides over the first minority government in
parliament since independence in 1966. International observers,
including teams from the Organization of American States, Caribbean
Community, Commonwealth, and Union of South American Nations, generally
concluded that the elections were substantially free, transparent, and
peaceful and that they were well administered. Electoral observer
criticisms centered on the need for greater timeliness in transmission
of preliminary and final results and for increased women's
participation in the electoral process. Observers also noted that
Guyana Elections Commission (GECOM) members are political appointees,
saying this ``compromises the effectiveness and integrity of the
commission, which needs to be independent and above politics at all
levels."
Although all five parties competing in the elections signed a code
of conduct prepared by the GECOM, hours after the ceremony the
opposition coalition, A Partnership for National Unity (APNU), accused
the ruling PPP/C of violating the code by distributing leases for land
to residents of the Essequibo Coast. During the campaign GECOM's Media
Monitoring Unit highlighted three problem areas in media portrayal of
political parties, including inequitable reporting by certain outlets,
publication of two racially divisive articles, and use of unscientific
polling data. Nonetheless, the unit concluded that there were few major
infringements of a separate media code of conduct.
Participation of Women and Minorities.--The constitution requires
that one-third of each party list of candidates be women but does not
require the parties to select women for seats. Parties selected 21
female representatives for the 65-seat National Assembly, and President
Ramotar named five women to his 21-member cabinet.
While supporters of the two major parties (the PPP/C and APNU) were
drawn largely from the Indo-Guyanese and Afro-Guyanese communities,
respectively, political party leadership was more diverse. The cabinet
was also ethnically diverse, mirroring the ethnic makeup of the general
population. Seven cabinet members were Afro-Guyanese, including the
prime minister and the head of the presidential secretariat. The
ethnically diverse National Assembly included seven indigenous members;
there were also two Amerindian cabinet ministers.
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. There
were reports alleging government corruption and complacency in
enforcing these laws with respect to officials engaged in corrupt
practices. The World Bank's Worldwide Governance Indicators reflected
that government corruption was a serious problem. There was a
widespread public perception of serious corruption in the government,
including law enforcement and the judicial system. Low wages among
police and other public servants contributed to the incidence of
bribery.
In August a senior GPF member alleged that many officers had
connections to drug dealers, and authorities began an investigation. In
October the GPF crime chief submitted a report to the minister of home
affairs, who considered it but took no action by year's end.
Public officials are subject to financial disclosure laws and are
required to submit information about personal assets to the Integrity
Commission, but compliance was uneven, and the commission had no
resources for enforcement or investigations.
On September 27, the president assented to the Access to
Information Act, intended to promote transparency and accountability in
the working of the government and public authorities. The new law
provides for the first time that persons may secure access to
information under the control of public authorities and for the
appointment of a commissioner of information. By year's end, however,
implementing regulations had not been issued nor had a commissioner
been appointed.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The few organized domestic human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. These groups at times, however,
complained that government officials were uncooperative and
unresponsive to their views; when they did respond, it was generally to
criticize.
Government Human Rights Bodies.--The constitution allows for a
governmental human rights commission, but it has not been established.
While the constitution provides for the appointment of an ombudsman who
may investigate any action taken by any government department or
authority in relation to the administrative functions of that
department or authority, the position has been vacant since 2005.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
While the constitution prohibits discrimination based on race,
gender, disability, language, social status, religion, or national
origin, the government did not always effectively enforce these
prohibitions.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, but neither type of rape was frequently
reported nor successfully prosecuted. Rape was a serious problem and
pervasive in society. Many survivors did not report rapes because of
fear of stigma, retribution, or further violence. Police and
prosecutors were not effective in investigation or prosecuting rape
cases. During the year authorities charged 97 persons with rape, but
only one was convicted, due in part to the large court backlog.
Additionally, authorities charged 31 persons with statutory rape, and
four were convicted (including persons charged in preceding years). A
judge has discretion to issue a sentence of any length in a rape
conviction, depending upon the circumstances and severity of the act
committed. The norm appeared to be a sentence of five to 10 years'
imprisonment.
In a case that drew public attention, a woman alleged that the GPF
commissioner raped her in November. A women's group held a press
conference to draw attention to the charges; the commissioner declined
to comment and took leave in December to allow for an investigation
into the matter. The government requested investigative assistance from
Jamaican authorities; an interim report was completed and sent to the
DPP, with further action pending at year's end.
Domestic violence and violence against women, including spousal
abuse, was widespread and crossed racial and socioeconomic lines. The
law prohibits domestic violence and allows victims to seek prompt
protection, occupation, or tenancy orders from a magistrate. Penalties
for violation of protection orders include fines up to 10,000 Guyanese
dollars ($50) and 12 months' imprisonment; however, this legislation
frequently was not enforced because of a lack of willingness to press
charges on behalf of the victims and/or a lack of confidence in
obtaining a remedy through the courts. Some victims preferred to reach
a pecuniary settlement out of court. There were reports of police
accepting bribes and other reports of magistrates applying inadequate
sentences after conviction. In addition cases heard involving violation
of a protective order tended to be categorized as assault cases.
According to a nongovernmental organization (NGO), the GPF
reorganized police units in order to require inclusion of domestic
violence units where victims can be counseled in private. The group
observed that in most cases domestic violence reports were not taken
confidentially but rather in the open at the front desk at police
stations and were not treated as a matter of urgency. The organization
handled 252 cases of abuse and violence, including child, spousal, and
other domestic abuse, of which 12 were formally filed in a court.
The Help and Shelter NGO ran a free shelter for victims of domestic
violence and operated a hotline to counsel victims with the funds it
received from both private donors and the government. During the year
Help and Shelter conducted 52 awareness sessions to sensitize
individuals about domestic violence, reaching 1,304 persons, and
counseled 479 persons affected by domestic abuse or violence during
face-to-face counseling sessions and via a hotline.
Another NGO, Red Thread, promoted the empowerment of women through
organized protests that led to passage of several laws protecting women
and children, including laws on domestic violence, sexual offenses, and
the protection of children. During the election campaign, one of its
founders called on all parties to make domestic violence a campaign
issue. Red Thread also promoted provision of services such as literacy
projects, flood relief, transportation provision, and training in
personal finance for mothers.
Sexual Harassment.--The Prevention of Discrimination Act prohibits
sexual harassment and provides for monetary penalties and award of
damages to victims, but its application is confined to the workplace.
For instance, the law does not cover harassment in schools. Any act of
sexual harassment involving physical assault can also be prosecuted
under relevant criminal statutes. Reports of sexual harassment were
common, and there were six cases filed under the Prevention of
Discrimination Act. Charges of sexual harassment were often settled out
of court.
Reproductive Rights.--Couples and individuals had the right to
decide freely the number, spacing, and timing of their children and had
the information and means to do so free from discrimination, coercion,
and violence. Access to contraception and skilled attendance at
delivery and in postpartum care were widely available. UNICEF reported
that 83 percent of births had a skilled attendant. The U.N. Population
Fund reported a contraceptive prevalence rate of 43 percent and
estimated the maternal mortality ratio in 2008 at 270 deaths per
100,000 live births. Media reports highlighted cases where severe
bleeding after childbirth and hypertensive disorders resulted in
maternal deaths, leading to the high maternal mortality ratio. The
media also highlighted cases where family members' complaints about
lack of prompt attention were ignored by nurses, leading in some cases
to sickness or death. Women and men had equal access to diagnostic
services and treatment for sexually transmitted infections, including
HIV/AIDS.
Discrimination.--Although women enjoyed the same legal status and
rights as men, gender-related discrimination was widespread and deeply
ingrained. The law prohibits discrimination based on gender, but there
was no legal protection against such discrimination in the workplace.
Only 48 percent of women were in the workforce, compared to 85 percent
of men. There were also credible reports that women were treated and
paid unequally and faced disadvantages in promotion. Job vacancy
notices routinely specified that the employer sought only male or only
female applicants.
The Women's Affairs Bureau of the Ministry of Labor monitored the
legal rights of women, but its role was limited to employment-related
services. The bureau also held seminars on leadership and gender equity
issues for women throughout the country. The constitution provides for
a Women and Gender Equality Commission, which met and compiled its
first periodic review and submitted it to parliament in August. The law
protects women's property rights in common law marriages. It entitles a
woman who separates or divorces to one-half of the couple's property if
she had regular employment during the marriage and one-third of the
property if she had not been employed. In practice women's property
rights were generally observed.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory or by birth to a Guyanese citizen
abroad.
Child Abuse.--There were frequent reports of physical and sexual
abuse of children, which was a widespread and serious problem. During
the year Help and Shelter handled 17 cases of child abuse; only two
child abuse cases were filed with the courts. Law enforcement officials
and NGOs believed that the vast majority of child rape and criminal
child abuse cases were not reported. As with cases of domestic abuse,
NGOs noted reports that some police officers and magistrates could be
bribed to make cases of child abuse ``go away.'' The Child Care and
Protection Agency operated a hotline to take calls regarding suspected
abuse of children. The agency received more than 3,000 child abuse
reports, involving a significant number of sexual abuse cases.
Sexual Exploitation of Children.--The age of sexual consent is 16.
Under the law anyone who has sexual relations with a girl under 16 can
be found guilty of a felony and imprisoned for life. There were reports
of child prostitution, although there were no indications that the
country was a destination for child sex tourism. There is no specific
legal prohibition of child pornography. However, the law regulates
selling, publishing, or exhibiting obscene material, defined as
anything that could deprive or corrupt those open to immoral
influences.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was very small, perhaps fewer
than 50 members. There were no reports of anti-Semitism.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution mandates the state to
``take legislative and other measures'' designed to protect
disadvantaged persons and persons with disabilities. The law provides
for equal protection and for a National Commission on Disabilities to
advise the government, coordinate actions on issues affecting persons
with disabilities, and implement and monitor the law. The commission
focused its attention on sensitizing the public about the law and on
compliance. The commission conducted workshops, meetings, and panel
discussions and provided advocacy for persons living with disabilities.
Lack of appropriate infrastructure to provide access to both public and
private facilities made it difficult for persons with disabilities to
be employed outside their homes. The Open Door Center offered
assistance and training to persons with disabilities throughout the
year.
Indigenous People.--According to the 2002 census, the indigenous
population constituted 9 percent of the population. There were nine
recognized tribal groups, and 90 percent of indigenous communities were
located in the remote interior. Indigenous communities' standard of
living was lower than that of most citizens, and they had limited
access to education and health care. Little reliable data existed
regarding the situation of women and girls in indigenous communities,
although indigenous women tended to face three-fold discrimination and
vulnerability on the basis of gender, ethnicity, and reduced economic
status. All indigenous communities had primary schools, and there were
13 secondary schools with an enrollment of 5,547 in remote regions. The
secondary schools had dormitories that housed approximately 1,000 to
1,700 students at government expense. Government programs trained
health workers, who staffed rudimentary health facilities in most
communities.
By law persons wishing to enter indigenous lands must obtain prior
permission from the local village council, but most visitors traveled
in these areas without a permit. Rules enacted by the village council
require approval from the minister of Amerindian affairs before
entering into force.
Since passage of the Amerindian Act of 2006, the government
increased the number of communal land titles for indigenous communities
from 74 to 97, more than doubling the area from 6.5 percent of the
national territory so designated to 14 percent. In 2010 134 communities
had collective land titles. To earn cash some villages contracted with
loggers, saw millers, and miners to exploit timber and other natural
resources on their land.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy is punishable with a
maximum sentence of life in prison. A local NGO reported that there
were a few prosecutions, but neither the NGO nor the courts could
provide numbers. It was reportedly more common for the police to use
the law to intimidate suspected same-sex male partners. There are no
laws concerning same-sex sexual activity between women. The health
minister in a speech to a regional HIV/AIDS conference said that he
``must be driven by public health reality,'' that ``sex between
consenting adults in private falls into the category of personal
freedom,'' and that the law is ``in contradiction of this expression of
personal freedom."
Following the 2009 incident in which a judge fined several
transgender persons 7,500 Guyanese dollars ($37), an NGO and four of
the individuals filed a motion in the High Court against the law
criminalizing cross-dressing; the case remained pending at year's end.
Other Societal Violence or Discrimination.--Violence and
discrimination against persons with HIV/AIDS were not widely reported.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for the right of association and allows
workers to form and join trade unions. The constitution bars military
and paramilitary members from forming a union or associating with any
established union.
The law provides workers with the right to strike. The government
may declare strikes to be illegal if not approved by the union
leadership or if they did not meet the requirements specified in
collective bargaining agreements. Public employees providing essential
services may strike if they provide a one-month notice to the Ministry
of Labor and leave a skeleton staff in place, although the
International Labor Organization noted that not all of the services
deemed essential by the government were considered essential under
international definitions. Arbitration is compulsory for public
employees, and such employees engaging in illegal strikes are subject
to sanctions or imprisonment.
Public and private sector employees possessed the right to organize
and bargain collectively. The Ministry of Labor is required to certify
all collective bargaining agreements, and there were no reports that it
refused to certify any agreements. Individual unions directly negotiate
collective bargaining status.
The law prohibits antiunion discrimination by employers. Labor law
covers all categories of employees.
Workers generally exercised the right to form and join unions in
practice, and workers exercised their right to bargain collectively and
strike. However, some public sector employee unions continued to allege
antiunion discrimination by the government, asserting that the
government violated worker rights and did not effectively enforce its
laws. The unions were concerned that labor rights were being undermined
as permanent, regular jobs were replaced by contract labor and
temporary, ``unstable'' work.
b. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits all forms of forced or compulsory labor, in 2010 there was at
least one case of forced labor reported, involving a maid imprisoned by
a businessman. Also see the Department of State's Trafficking in
Persons Report at www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children younger than 15 with some
exceptions. Technical schools may employ children as young as age 14
provided a competent authority approves and supervises such work. No
person under 18 may be employed in industrial work at night, with
exceptions for those aged 16 and 17 whose work requires continuity
through day and night, including certain gold mining processes and the
production of iron, steel, glass, paper, and raw sugar. The law permits
children under 15 to be employed only in enterprises in which members
of the same family are also employed. The law prohibits children under
15 from working in factories and stipulates that those under 18 may be
removed from factory work if authorities determine they are engaged in
activities that are hazardous to their health or safety.
The Ministry of Labor collaborated with the Ministry of Education,
Geology and Mines Commission, Guyana Forestry Commission, National
Insurance Scheme, and GPF to enforce child labor laws. The Ministry of
Labor employed 17 labor inspectors who were charged with investigating
child and exploitive labor activities; however, these were not
sufficient to enforce existing laws effectively. Despite conducting
approximately 4,000 worksite inspections, authorities assessed no fines
or penalties nor did they charge any employers with violations.
Child labor was most prevalent in family-based businesses, farming,
bars and restaurants, domestic work, and street vending. Small numbers
of children also performed hazardous work in the construction, logging,
farming, fishing, manufacturing, and mining industries. Although the
labor ministry reported no child labor violations during the year, NGOs
reported isolated incidents of the worst forms of child labor occurred,
mainly in gold mining, prostitution, and forced labor activities.
According to local NGOs, children who worked in gold mines operated
dangerous mining equipment and were exposed to hazardous chemicals.
Also see the Department of Labor's Findings on the Worst Forms of Child
Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage is 35,863
Guyanese dollars ($178) per month. Public sector employees also receive
unilateral wage increases.
The law sets hours of employment, which vary by industry and
sector. In general, work in excess of a 44-hour workweek requires an
overtime payment rate. The law prohibits compulsory overtime and
provides for paid annual holidays.
The law establishes workplace safety and health standards. The
Occupational Health and Safety Division of the Ministry of Labor is
charged with conducting factory inspections and investigating
complaints of substandard workplace conditions. The Ministry of Labor
is also responsible for enforcing legislation regarding the minimum
wage and working hours.
According to local trade unions and NGOs, enforcement of minimum
wage legislation was not effective, and unorganized workers,
particularly women in the informal sector, often were paid less than
the minimum wage. The ministry reported that standards regarding
working hours were effectively enforced.
Local trade unions and NGOs also reported that the Ministry of
Labor did not adequately enforce occupational safety and health
legislation and that resources were insufficient. The ministry
estimated that 4,000 labor inspections were carried out during the
year, which included occupational safety and health. Ministry follow-up
of labor of inspection findings varied, and compliance among employers
was also inconsistent. In some cases workers could not remove
themselves from dangerous work situations without jeopardizing
continued employment.
No information was available regarding fatal industrial accidents
during the year. In 2010 there were 24 fatal industrial accidents,
largely in the mining and forestry sectors; more than half of those who
died were 15 to 35 years of age.
__________
HAITI
executive summary
Haiti is a constitutional republic with a multiparty political
system. There were some allegations of fraud and irregularities in the
second round of presidential and legislative elections on March 20, but
international observers considered the elections generally free and
fair. Voters elected President Michel Martelly, who took office on May
14 but was unable to secure the required parliamentary approval of a
prime minister until October 4. Thus day-to-day government operations
and budgetary discretion remained in the hands of the outgoing Preval
government for six months, during which time there were multiple
allegations of human rights abuses, corruption, and embezzlement of
public funds. Security forces reported to civilian authorities in
principle, but there were instances in which elements of the security
forces and some other government officials acted independently of
civilian control.
Since 2004 the U.N. Peacekeeping Force in Haiti (MINUSTAH), made up
of approximately 13,000 military and police officers and civilians, has
operated in the country with a mandate to assist and advise government
and security authorities. Following the January 2010 earthquake,
foreign governments, the international community, and many
nongovernmental organizations provided assistance in rebuilding the
country, while MINUSTAH continued to help maintain security. The
earthquake effectively destroyed much of the government's
infrastructure, and approximately 550,000 persons remained homeless and
lived in camps for the internally displaced.
The most serious human rights problems included abuses by
government security forces and representatives of the judiciary,
including extrajudicial killings by police and government officials;
allegations of sexual exploitation by members of MINUSTAH; and chronic,
severe corruption in all branches of government.
Other human rights problems included torture and excessive use of
force against suspects and prisoners; overcrowding and poor sanitation
in prisons; prolonged pretrial detention; an inefficient, unreliable,
and inconsistent judiciary subject to significant outside and personal
influence; rape, other violence, and societal discrimination against
women; child abuse; and human trafficking. In addition there were
multiple incidents of mob violence and vigilante retribution against
both government security forces and ordinary citizens, including
setting houses on fire, burning police stations, throwing rocks,
beheadings, and lynchings.
Although the government took some steps to prosecute and punish
some government officials and Haitian National Police (HNP) members who
committed abuses, there was considerable evidence of impunity for some
government officials, as well as for high-ranking officers in the HNP.
The government successfully tried and convicted eight law enforcement
officials for their role in the 2010 killing of inmates in Les Cayes
prison.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents may have committed at least one politically motivated
killing, and there were widespread allegations of HNP involvement in
extrajudicial killings, some of which led to the arrest, conviction,
and sentencing of HNP officers. A December MINUSTAH report detailed
allegations of eight killings committed by members of the HNP.
By law authorities are supposed to refer all cases involving
allegations of criminal misconduct in the HNP to the Office of the
Inspector General (OIG) in the HNP, but the OIG did not pursue most
cases.
On March 5, HNP officers allegedly killed Frantz Emmanuel Louis and
Sterson Jordanaud Jeune, two of three poster hangers working for the
Mirlande Manigat presidential campaign. The officers reportedly
arrested the two men in the Champ de Mars camp near the National
Palace, took them to the police station, beat them, and then left with
them in a police vehicle. Their bodies were found at the national
hospital morgue the next day; they had been shot to death. The Port-au-
Prince police chief placed seven officers from the riot unit in
detention pending an investigation into the matter. Authorities charged
five officers, who awaited trial at year's end.
There were two cases of alleged torture of suspects in police
custody that led to deaths. Police in the Port-au-Prince neighborhood
of Martissant arrested and allegedly beat Jeffony Michel on April 1,
then took him to the emergency room at the National Hospital. Michel
was found dead in his cell the following morning. At the hospital
morgue, Michel's cause of death was listed as ``shot to death."
The police chief of the affluent Petionville neighborhood in Port-
au-Prince and the Port-au-Prince prosecutor oversaw the arrest,
interrogation, torture, and death of Serge Demosthene on June 15.
Authorities arrested Petionville Police Chief Vanel LaCroix and seven
other officers implicated in the affair. According to an OIG report,
Port-au-Prince prosecutor Harrycidas Auguste and LaCroix both admitted
being present during the torture and death of Demosthene but blamed
each other. Authorities fired Auguste and charged him with murder but
later dropped the charges. LaCroix and the other officers awaited trial
at year's end, but Auguste was reportedly being considered for
promotion to investigative judge for financial crimes.
The government tried 14 police and corrections officers, as well as
16 escaped prisoners, on charges of murder, arson, escape, and abetting
escape resulting from a 2010 riot and successful escape at the Les
Cayes prison. The incident left at least 12 inmates dead, while 22
escaped, and many others were wounded. At the trial 15 defendants were
present; the rest were tried in absentia, including the former chief of
the riot police, Olritch Beaubrun, who remained at large and out of the
country. On December 15, the trial concluded, and the prosecution
sought life in prison for the 14 officers and an additional one-year
sentence for each of the escaped prisoners. After deliberation, the
judge found eight police officers and one prisoner guilty and imposed
sentences ranging from three to 13 years of hard labor. The prison
warden, Sylvester Laraque, was sentenced to seven years' hard labor
less time already served. The judge convicted Beaubrun and the prisoner
charged with starting the riot in absentia. Human rights groups and the
Office of the Citizen Protector (OPC) applauded the government for
providing some measure of justice but said the sentences should have
been harsher.
b. Disappearance.--There was one report of a politically motivated
disappearance by government agents, when one of three poster hangers
working for the Mirlande Manigat presidential campaign disappeared. He
was never found after an alleged altercation with HNP officers in the
Champ de Mars camp near the National Palace, but the bodies of two
other poster hangers were found the next day (see section 1.a.).
Current and former HNP officers were accused of participation in
kidnappings. In June authorities arrested Emile Augustin, a member of
the General Security Unit of the National Palace, on more than 20
charges of kidnapping. Security officials in the Martelly
administration had transferred Augustin to the palace in April,
following Martelly's election. Authorities arrested Augustin after
determining that he was using a victim's car to commute to the National
Palace.
MINUSTAH reporting through December, based on police station
records, showed 159 kidnappings, compared with 121 in all of 2010. It
was widely acknowledged among the civilian population, MINUSTAH, and
the HNP that a significant number of kidnappings were never reported to
the police.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, but there were some
reports of degrading treatment during the year. There were widespread
allegations of police mistreatment of suspects during arrest and
preliminary detention, as well as credible allegations of police
brutality, several of which resulted in the deaths of suspects in
police custody. Prisoners were also subject to degrading treatment, in
large part due to overcrowded and inhumane facilities. Corrections
officers in general did not mistreat prisoners.
There were multiple allegations of sexual abuse and sexual
exploitation against members of MINUSTAH. The case of Johnny Jean, an
18-year-old Haitian man, attracted attention when a video showed
Uruguayan peacekeepers pulling his shorts down and abusing him on a
MINUSTAH base in Port-Salut. The Uruguayan minister of defense issued a
public apology, promised perpetrators would be punished to the full
extent of the law, and repatriated four soldiers implicated in the
affair. The Uruguayan MINUSTAH contingent in Port-Salut was also
accused of regularly engaging in transactional sex with local Haitians,
usually trading their food rations for sexual favors.
As a mandated U.N. peacekeeping mission, MINUSTAH has an official
``zero tolerance'' policy regarding sexual exploitation by members of
the mission. It was not clear, however, that the policy had curbed
behavior. When the media or legal authorities publicized incidents of
alleged sexual exploitation or abuse by peacekeepers, MINUSTAH
responded by conducting its own private, internal investigation and
took action accordingly. MINUSTAH did not provide case-specific
information, but it publishes the number of allegations and
substantiations of those allegations yearly. The online database of the
U.N. Conduct and Discipline Unit showed 14 investigations of MINUSTAH
sexual exploitation and abuse, of which 12 were categorized as pending
and one was considered ``substantiated.'' A separate database from the
Office of Internal Oversight Services showed 13 investigations of
sexual exploitation and abuse involving minors.
MINUSTAH's zero tolerance policy was accompanied by a policy not to
discuss the details or status of any specific investigations with
outside entities. The U.N. maintained a ``blacklist'' of forbidden
places for its staff to frequent in Haiti, such as bars or clubs known
to support prostitution. Despite the administrative ban, U.N. vehicles
were often seen parked outside and U.N. personnel were often seen
inside these establishments.
Prison and Detention Center Conditions.--Prisons and detention
centers throughout the country remained overcrowded, poorly maintained,
and unsanitary. Overcrowding was severe; in some prisons detainees
slept in shifts due to lack of space. Some prisons had no beds for
detainees, and some cells had no access to sunlight. Many prison
facilities lacked basic services such as toilets, medical services,
potable water, electricity, and medical isolation units for contagious
patients. Prisoners in Les Cayes frequently defecated into plastic
bags. Many prisoners and detainees suffered from a lack of basic
hygiene, malnutrition, poor quality health care, and illness caused by
lack of access to clean water. Some prisons did not allow prisoners out
of their cells for exercise.
The prison system had not recovered from the 2010 earthquake that
compromised the holding capacity at facilities in Carrefour, Delmas,
Jacmel, and the National Penitentiary in Port-au-Prince. Authorities
had recaptured only 1,600 of the more than 5,000 detainees who escaped
in the wake of the earthquake, which included all 4,215 persons then
held at the National Penitentiary.
According to the Department of Corrections (DAP), there were 7,009
prisoners jailed as of December 21, but the human rights
nongovernmental organization (NGO) National Network for the Defense of
Human Rights (RNDDH) believed there were as many as 7,192. According to
local standards, available prison facilities were at 300 percent of
their capacity, but by international standards, the prisons were above
500 percent of capacity.
There were also an estimated 2,000 to 3,000 prisoners held in
makeshift and unofficial detention centers in police stations such as
Petit-Goave, Mirogoane, Petionville, Gonaives, Port-au-Prince, and
other locations. Flooding destroyed regular prison facilities in
Gonaives and Petit-Goave; as a result, the Gonaives police station held
approximately 250 prisoners and the Petit-Goave police station held
150. Prisoners held in these facilities were under the direct control
of the HNP and not the DAP. Local authorities held suspects in
makeshift facilities, sometimes for days, weeks, or months, without
registering them with the DAP. On some occasions authorities eventually
released unregistered suspects on their own recognizance or after they
allegedly paid bribes to HNP officers.
In some prisons the incidence of preventable diseases such as HIV/
AIDS, malaria, and drug-resistant tuberculosis remained a serious
problem. An October 2010 cholera outbreak also affected the prisons,
and authorities initially restricted access to prisoners from personal
visitors, as well as medical and health NGOs, in an attempt to quell
the spread of the disease. The RNDDH reported 275 cases of cholera and
60 deaths among prisoners from January to March alone. Other common
diseases in prisons included scabies and beriberi.
Access to adequate nutrition remained a problem. In October 2010
the HNP took on contractual and fiscal responsibility for the delivery
of food to prisons after discovering corruption and embezzlement in the
DAP. Prison authorities generally provided prisoners with one or two
meals a day consisting of broth with flour dumplings and potatoes, rice
and beans, or porridge. None of the regular meals served to prisoners
provided sufficient calories according to medical standards. As a
result, prisoners were allowed regular deliveries of food from
relatives, a commonplace practice that resumed during the year after
authorities lifted the suspension on outside access imposed after the
cholera outbreak.
The HNP also managed other service contracts at prisons, such as
sewage treatment. Most prisons had insufficient sewage facilities for
their populations. As such, their facilities require more frequent
service, but with only one HNP central office to handle all contracts
for the police, Coast Guard, firefighters, prison workers, and
prisoners, attention to sewage problems often was lacking. Prisons
generally used well water as a source for drinking and bathing water.
Some prison officials used chlorine to sanitize drinking water, but in
general prisoners did not have access to treated drinking water.
Corrections officers were severely underresourced and lacked basic
riot control and self-defense capacity. Most prisons employed a single
guard in a tower above the facility, armed with a 12-gauge shotgun, a
close-range weapon not effective in a prison riot or escape attempt.
Corrections authorities in Port-au-Prince maintained separate
penitentiaries for adult men and women. Children 16 and older were
often confined with adults. Minors and adults usually occupied the same
cells due to lack of available space. When space was available, boys
were held in a separate cell of the National Penitentiary in Port-au-
Prince. All males under 18 years of age were supposed to be held at the
juvenile facility at Delmas 33, but the ages of some detainees could
not be verified. Girls were not held separately from women at the
Petionville Women's Penitentiary, but convicts were kept in a separate
cell from pretrial detainees. U.N. prison statistics showed that women
accounted for approximately 3 percent of convicted prisoners and 5
percent of pretrial detainees at the end of the year. In areas outside
the capital, authorities often did not segregate juveniles from adult
prisoners or convicted prisoners from pretrial detainees due to a lack
of space, resources, and oversight.
The law permits religious observances in prison, and inmates could
request to see a Protestant minister, a Catholic priest, or a Vodou
(voodoo) leader. However, in practice most inmates gained access to
religious services only once or twice a year. Few if any organized,
regular religious services were provided at prisons, but there were
occasional visits from members of religious NGOs to prisoners. Prison
authorities were very receptive to NGOs providing services to
prisoners, particularly at the National Penitentiary in Port-au-Prince.
NGOs provided limited medical services, and there was a three-week
educational program for juveniles in Delmas.
The OPC was an outspoken advocate for prisoners and better prison
conditions but rarely pursued individual complaints. The OPC sponsored
several small clinics around the nation to bring judges to prisons to
focus on adjudicating pretrial detention cases. These clinics had an
immediate effect but resulted only in the release of a few dozen
prisoners.
The government, with international assistance, sponsored the
construction of new prison facilities throughout the country. A new
prison with capacity for 750 inmates was completed in Croix-de-Bouquets
but was not yet operational at year's end. Renovations were under way
at the prisons in Cap Haitien, Acahie, Delmas 33 in Port-au-Prince,
Petit-Goave, and Fort Liberte.
The DAP permitted the International Committee of the Red Cross
(ICRC), MINUSTAH, the RNDDH, the OPC, and other organizations to
monitor prison conditions.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the constitution stipulates that a person may
be arrested only if apprehended during the commission of a crime or on
the basis of a warrant by a legally competent official such as a
justice of the peace or magistrate. Authorities must bring the detainee
before a judge within 48 hours of arrest. Officials frequently did not
comply with these provisions in practice. Citizens also contributed to
the disregard of the legal process by bringing alleged suspects by
force to local police stations.
On July 24, under the direction of presidential security advisors,
the HNP arrested 31 persons following an incident at a rally to welcome
President Martelly in Cap Haitien, during which an unidentified
individual threw a glass bottle that landed near the president's feet.
Contrary to internal protocol and the law, authorities transferred all
31 detainees to the central investigative police headquarters in Port-
au-Prince and held them there without charge for nearly two weeks.
After intense pressure from human rights groups, authorities
transferred all the detainees back to Cap Haitien and released them.
Role of the Police and Security Apparatus.--The HNP is an
autonomous civilian institution under the authority of a single
director general and includes police, corrections, fire, emergency
response, airport security, port security, presidential security, and
coast guard functions in separate units. The HNP is a relatively new
organization, having been formed after the dissolution of the Haitian
military in 1995. During his campaign President Martelly proposed
forming a new military, and on December 6, he issued an executive order
creating the State Commission of Organization of the Military Component
of the Public Force to restore the country's armed force. The
commission will have six months to consult widely among the domestic
and international communities to develop a blueprint for a force to
serve the public and address the country's major threats, namely the
porous border and environmental disasters.
Officially, the Ministry of Justice and Public Security, through
its minister and the secretary of state for public security, provides
oversight to the HNP. In practice the minister of justice exerted
personal influence on HNP operations and sometimes asked authorities to
release suspects, especially during election season. Within the HNP,
the OIG is supposed to conduct internal investigations into allegations
of police misconduct and recommend administrative action as well as
refer cases of criminal police misconduct to the prosecutor. However,
OIG cases were not effectively transferred or pursued by the
prosecutor.
Despite there being more than 100 OIG employees, only one inspector
was assigned to the investigative bureau. In September he was
transferred to the Director General's Office and not replaced. The
inspector general, Fritz Jean, resigned in September after the acting
justice minister and outgoing prime minister Jean-Max Bellerive
allegedly pressured him to reintegrate former members of the HNP who
were serving in President Martelly's security entourage. Inspector
General Jean had also just completed an investigation into the
involvement of former Petionville police commissioner Vanel LaCroix and
former Port-au-Prince prosecutor Harrycidas Auguste in the killing of a
witness in police custody (see section 1.a.).
Women make up less than 8 percent of the total police force,
despite recruiting drives for female officers. The HNP claimed it
formed a specialized Sexual and Gender-Based Violence (SGBV) unit, but
the highest-ranking female officer assigned command the SGBV unit
explained she had no vehicle, no cell phone, no subordinates, and no
resources.
The vetting process of current and new officers in the HNP stalled
during the year. A joint process between the HNP and U.N. Police
Officers (UNPOL) has been in place for several years, but they did not
apply the process uniformly. HNP leadership fired some officers as a
result of the vetting process, but not all names discovered in the
vetting process received the same treatment. There is no permanent
internal HNP administrative body to take action when officers fail to
meet vetting standards. According to the RNDDH, the number of HNP
officers identified as not meeting vetting requirements was in the
hundreds.
The specific limits of the MINUSTAH mandate kept military and law
enforcement authorities from conducting unilateral operations.
Frequently there was poor or no coordination between MINUSTAH and
Haitian law enforcement. MINUSTAH units were assigned to patrol camps
for internally displaced persons in particular, but without unilateral
arrest authority, they were generally unable to intervene during
instances of violence. MINUSTAH leadership acknowledged that most of
their troops did not speak French or Creole and had extremely limited
access to translation services, which further hampered their ability to
coordinate with their HNP counterparts.
Reform and professionalization of the HNP continued as
international programs and foreign governments provided human rights
and other training and equipment for new recruits and existing
officers; police station upgrades; security and humanitarian
improvements to prisons; vehicles, computers, and communications
equipment; and other technical assistance.
Arrest Procedures and Treatment While in Detention.--The law
permits police officers to make arrests when a suspect is caught during
the commission of a crime, or later with a court-authorized warrant.
Police frequently apprehended persons without warrants or with warrants
not issued by a duly authorized official. Authorities frequently
detained individuals on unspecified charges or pending investigation.
Persons arrested reported credible instances of extortion, false
charges, illegal detention, physical violence, and refusal to grant due
process by agents of law enforcement and the judiciary. The government
frequently did not observe the constitutional requirement to present
detainees before a judge within 48 hours, and prolonged pretrial
detention remained a serious problem. Authorities held many detainees
in pretrial detention for extended periods--in some cases up to five
years--without the opportunity to appear before a judge.
Detainees generally were allowed access to family members and a
lawyer of their own choosing. Many detainees could not afford the
services of an attorney. The local bar association in some departments
formed legal assistance groups to provide pro bono counsel to indigents
who could not afford an attorney, but there was no nationwide
government provision of free legal representation.
Some citizens--convicted criminals returned by foreign countries--
initially alleged corruption, arbitrary arrest, false accusations about
their activities to local police, and extortion attempts against them
and their families abroad during the initial detention phase in
exchange for quicker release from administrative quarantine. These
accusations declined steeply during the year, although deportees still
complained about access to medicine and continuing illegal detention of
a small number considered to be ``security risks'' by the government.
Pretrial Detention.--Prison population statistics did not include
the large number of persons held in police stations around the country
in prolonged pretrial detention (without a hearing or filed charges)
for longer than the 48-hour maximum detention period. Inadequate
recordkeeping and data entry at police stations made it difficult to
confirm the number of persons held in prolonged detention, although
reliable estimates ranged between 2,000 and 3,000.
The overwhelming majority of the prison population were in lengthy
pretrial detention, having never seen a judge or had access to legal
counsel, much less being given a timeline for their case. As of
December, of the 7,009 persons in custody, authorities had tried and
sentenced 2,201, while 4,808 awaited trial. Approximately one-third of
those awaiting trial had been incarcerated for a year or longer.
e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, in practice the executive and legislative
branches exerted significant influence on the judicial branch. Judges
assigned to politically sensitive cases complained about interference
from the executive branch. Credible reports of judicial corruption were
commonplace.
Pervasive and long-standing problems, primarily stemming from a
lack of judicial oversight and professionalism, contributed to a large
backlog of criminal cases. In addition the justice system sustained
significant losses in the 2010 earthquake, including large portions of
case files including evidence and testimony for pending cases. Because
most of the 4,808 pretrial detainees had never been before a judge,
seen a lawyer, or even had access to documentation regarding the
charges against them, they were effectively denied the right to trial.
The code of criminal procedure does not assign clear responsibility
for criminal investigations and divides authority among police,
justices of the peace, prosecutors, and investigative magistrates.
Authorities often failed to question witnesses or complete
investigations and rarely conducted autopsies. Examining magistrates
often received incomplete files. The law allows for a two-month delay
for magistrates to request additional information from investigators.
By law the delay is not supposed to be invoked more than twice, but
magistrates often did not follow the law, and investigators often
dropped cases or did not return them within the two-month limit.
Corruption and a lack of judicial oversight also severely hampered
the functioning of the justice system. Many judicial officials charged
varying ``fees'' to initiate criminal prosecutions based on their
perceptions of what a service should cost, and those who could not
afford to pay often did not receive any services from prosecutorial or
judicial authorities. There were widespread, credible allegations of
unqualified and unprofessional judges who received appointments as
political favors. Many judicial officials also held full-time civilian
jobs, and there was no law to prevent a conflict of interest.
Trial Procedures.--The judicial apparatus follows a civil law
system based on the Napoleonic Code, largely unchanged since 1880. In
practice authorities widely ignored the constitutionally provided right
to a fair public trial. The constitution also expressly denies police
and judicial authorities the right to interrogate suspects unless legal
counsel or a representative of the suspect's choice is present or the
suspect waives this right. Most accused persons could not afford legal
counsel for interrogation or trial, and the law does not require that
the government provide legal representation. However, some defendants
had access to counsel during trials, and some international groups
provided legal representation to defendants who could not afford it.
The government hired defense counsel for a very small number of
defendants, usually for government employees facing charges related to
their official duties, such as police officers.
While the constitution provides defendants with a presumption of
innocence, the right to be present at trial, the right to confront
witnesses against them, and the right to present witnesses and evidence
on their own behalf, judges frequently denied defendants these rights.
The lack of a witness protection program and widespread impunity
discouraged some witnesses from testifying at trials. Defendants and
their attorneys had access to government-held evidence before trial,
but most evidence in trials was from witness testimony. Defendants had
the right to appeal.
There were 403 criminal trials, which resulted in 400 convictions
and 162 acquittals, during the 2010-11 judicial year. Courts in Port-
au-Prince processed 123 of the acquittals, 101 of them under the 10-
week supervision of prosecutor Sonel Jean Francois, who was fired for
separate reasons (see section 4).
The functioning of civil courts (Tribunal de Paix), the lowest
courts in the judicial system, was inconsistent at best. There were at
least 194 civil courts, the vast majority of which were in crumbling
facilities, most of which did not have toilets, desks, or office
equipment. Several tribunals were located in private homes, while some
were co-located with other facilities. The RNDDH highlighted two
examples of significant problems with civil courts in l'Estere and
Desdunes, which were the sites of repeated riots and violent
demonstrations by citizens who believed they had no legal, peaceful
means to communicate the lack of resources provided by the state, such
as electricity.
Judges provided hours of operation based on their personal
availability and often maintained separate, full-time jobs. A police
officer was rarely present during trials, and frequently there was no
court reporter. Judges often chose to hear or not hear cases based on
bribes provided to them. By law a High Council of Judicial Power (CSPJ)
should oversee judges and the judiciary, but this institution had yet
to function by year's end. In October President Martelly appointed a
president of the Supreme Court, a fundamental balancing power in the
government that had been absent since 2004, and that person will head
the CSPJ.
In multiple locales, elected communal administrators called CASECs
took the place of civil judges and asserted self-appointed powers of
arrest, detention, and issuance of legal judgments. Some CASECs turned
their offices into courtrooms.
In Gros Morne, Artibonite Department, the two judges refused to
hear any cases during the year because of a personal dispute. In
Chansolme and Bassin Bleu, Northeast Department, the CASECs acted as
police and judges, arresting and judging citizens themselves. In
Jeremie citizens refused to allow the newly appointed judge, who
previously was the prosecutor there, to hold court, insisting he was
unqualified. No hearings were held in Jeremie during the summer.
The civil court in Port-au-Prince falsified court documents to free
four men accused of armed robbery, kidnapping, and extortion. Judge
Rodriguez Pierre Louis, court clerk Mode Cazimir Cantave, and
investigator Emmanuel LaCroix released one of the men the same day. The
three men repeated the same procedure to clear former Port-au-Prince
prosecutor Harrycidas Auguste of charges of illegal detention, torture,
and murder of a witness in police custody (see section 1.a.).
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Victims of alleged human
rights abuses are legally able to bring their cases before a judge for
cessation of the violation. Damages can be awarded if the claim is
brought as a civil suit and the judge convicts the perpetrator. Seeking
legal remedies for human rights abuses was difficult and rarely
successful, especially in view of the disarray of the civil court
system.
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.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government and elected officials generally respected these rights in
practice. The independent media were active and expressed a wide
variety of views without restriction. However, there were a few
incidents of local government officers and elected officials harassing
or threatening journalists.
Freedom of the Press.--Journalists and journalism NGOs criticized
President Martelly for his derogatory, aggressive, and intimidating
language towards domestic journalists and of being selective in his
choice of reporters to whom he gave interviews. The president and
members of his government were often quoted using vulgar language in
response to some questioning from reporters. The president accused
journalists of lacking professional objectivity and working for
political opponents. However, there were no substantiated claims of any
action by or from members of President Martelly's administration to
limit the freedom of the press.
Violence and Harassment.--On April 26, alleged supporters of the
INITE party attacked and burned the community radio station Tet Ansanm
Karis in the border town of Clarice. The attack came during a rash of
election-related violence after international organizations questioned
the overturning of legislative election results in favor of the INITE
party.
In September some civilian supporters of former president Jean-
Claude ``Baby Doc'' Duvalier physically disrupted an Amnesty
International press conference regarding the release of a report
detailing crimes allegedly committed by Duvalier during his 1971-86
rule. The men grabbed microphones and cameras and eventually forced the
Amnesty International representatives, as well as Haitian witnesses
prepared to give testimony against Duvalier, to leave. Two lawyers for
Duvalier, Reynold Georges and Osner Fevry, took over the stage and held
their own impromptu press conference, decrying the charges as false and
defending their client.
Unknown assailants killed several journalists in past years. In
particular, the April 2000 killing of Jean Dominique remained unsolved.
Censorship or Content Restrictions.--There were no government
restrictions on freedom of the press or media content, but some
journalists practiced self-censorship on stories related to drug
trafficking or allegations of business and political corruption, likely
due to past patterns of retribution against investigative reporting,
which risked reporters' livelihood and possibly their physical
security.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. Lack of
infrastructure limited public access to the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association. Citizens must apply for a
permit to hold legal demonstrations.
A small minority of civil groups applied for and received permits
to conduct peaceful demonstrations. More frequently, however, student
and civil action groups held impromptu demonstrations in front of key
government facilities or major public thoroughfares. These groups often
erected barricades, sometimes with burning tires and debris, and
occasionally threw rocks and bottles at passing motorists and at
government, HNP, and U.N. vehicles. Some student groups and political
groups openly threw rocks and bottles at HNP and U.N. security staff.
During election season demonstrators often targeted U.N. vehicles that
they perceived as affiliated with election problems. Government
security forces frequently used tear gas to disperse crowds and
sometimes used batons to subdue or chase away demonstrators. In the
spring and summer, demonstrators often blocked national highways with
broken-down trucks and debris to protest a lack of government services
in the area, particularly a lack of electricity.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. Persons deported from other countries were sometimes
subjected to amendments in their Haitian passports by the Immigration
Office, denoting the infraction for which they were deported.
Internally Displaced Persons (IDPs).--The presence of IDP camps in
the country remained widespread, with a large concentration of the
estimated 800 camps located in the greater Port-au-Prince metropolitan
area. The most recent estimates placed the number of IDPs living in
camps at approximately 550,000, although there were indicators that up
to 30 percent of shelters were vacant, raising the possibility that the
actual number of IDPs was much lower. Many former camp residents moved
in with relatives, found new housing, or moved back into repaired or
partially damaged homes. The Martelly administration began an IDP
resettlement program targeting six major IDP camps in Port-au-Prince
and provided land and financial incentives to move. Several highly
visible camps on public land in Port-au-Prince were completely emptied
by the end of the year, through a combination of municipal government
and NGO programs.
A substantial portion of the remaining camp population had no
viable means of earning income or paying for rented housing. The vast
majority of IDPs also did not own property prior to the earthquake.
While some of the larger IDP camps had support from NGOs, the U.N. and
domestic law enforcement, the vast majority were unregulated camps with
extremely limited access to clean water and sanitation.
Even in camps with a law enforcement presence, residents reported
little in the way of effective protection from urban crime. The Jean
Marie Vincent camp housed approximately 40,000 inhabitants in 1.4
square miles of land near the airport on the edge of Cite Soleil, a
notorious slum. MINUSTAH, which formed an IDP unit staffed by 400 UNPOL
officers working in loose coordination with the HNP, had a 37-person
unit dedicated to the camp. MINUSTAH and UNPOL members did not have
arrest authority and typically functioned as a deterrent force, rather
than enforcing the law or intervening. The agreement with MINUSTAH
requires an HNP officer to be present for any law enforcement
operation. In contrast to the 37 UNPOL officers assigned to the camp,
the HNP assigned just 10 officers who worked in three-person shifts,
meaning officers never had a scheduled day off.
Some citizens blamed residents of IDP camps for perceived increases
in criminal activity in neighborhoods with IDP camps. The students at
the State University of Haiti protested and publicly blamed residents
of the Champ de Mars IDP camp, located near their campus, for a spate
of crimes targeting students.
Residents of Jean Marie Vincent camp reported a poor relationship
between UNPOL, HNP, and camp residents. Counselors in the camp
regularly reported incidents of rape in the camp, but there was little
or no follow-up from law enforcement authorities. Camp residents also
reported that most police patrols, both UNPOL and HNP, were around the
perimeter of the camp and typically did not include patrols after dark.
Gang recruitment and initiation also remained a major problem in the
camp because there were up to 6,000 school-age children living in the
camp with little or no educational, vocational, or employment
opportunities.
There were reports of sexual and gender-based violence in the IDP
camps including rape, domestic violence, and transactional sex, a
situation further exacerbated by limited access to medical, legal, or
economic support services.
Some IDPs who received money, services, or a combination of both as
incentives to move out of camps did so successfully, although others
chose to vacate camps after receiving compensation but moved to
different unregulated camps. The rural terrain known as Canaan, located
outside the Port-au-Prince suburb of Croix-des-Bouquets, continued to
grow beyond an estimated 70,000 residents. There was limited NGO, U.N.
and law enforcement presence in the original planned portion of Canaan,
called Corail Camp, but those services supported only approximately
6,500 people. Many IDP camp managers and service providers reported
that NGO presence was waning during the year, with many groups citing a
declining level of donations forcing them to cut back on services.
IDP camp residents reported numerous forced evictions with no legal
documentation and little or no notice. U.N. representatives and NGOs
reported that specialized units in the HNP, in particular riot police,
often accompanied landowners conducting forced evictions and used brute
force tactics to force residents to leave. Many landowners and local
authorities viewed the IDPs as illegal squatters seeking to manipulate
the camps to gain humanitarian assistance.
The government coordinated marginally or not at all with foreign
government agencies, international organizations, the U.N. and NGOs to
provide services in IDP camps. There were accusations that government
officials or representatives from government offices required rent
payment from some IDP camp dwellers. The Ministry of Public Works'
program to identify uninhabitable, repairable, and habitable houses was
largely ineffective, as the government did not assign resources to
rebuild or repair houses, and citizens did not trust the government's
assessment of their residences. The endemic lack of land registry, as
well as nonstandard land registry, further complicated IDP
resettlement.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of refugee status or asylum through the Ministry of
Foreign Affairs in missions or consulates abroad. In practice, however,
the government did not routinely grant refugee status or asylum.
Stateless Persons.--The country's dysfunctional civil registry
system and weak consular capacity throughout the Caribbean made
obtaining documentation extremely difficult for individuals living
inside or outside the country, increasing the risk of statelessness for
Haitians and people of Haitian descent throughout the region. There
were no reliable estimates, however, on the number of such persons at
risk of statelessness.
The two groups at greatest risk of statelessness were undocumented
Haitian migrants who were unable to access documentation abroad and
descendents of Haitian migrants abroad who acquired citizenship by
birth on the territory but were at risk of having it revoked. (The
constitution prohibits dual citizenship, calling for the automatic
revocation of Haitian citizenship upon acquiring citizenship from
another country.) In the case of the neighboring Dominican Republic,
the retroactive application of new nationality laws allegedly stripped
persons of Haitian descent of their Dominican nationality, dramatically
increasing their risk of statelessness.
The Dominican Republic government deported thousands of these
people back to Haiti, many of whom were from families living in the
Dominican Republic for generations, had never been to Haiti, and did
not speak Creole or French. According to NGOs providing emergency
relief, the government had no capacity to accept or support these
deportees. The National Office of Migration under the Ministry of
Social Affairs has responsibility for deportees but did not provide
personnel, facilities, or services to deportees. NGOs that provide
emergency services to deportees along the border had the capacity to
house only a few hundred people at a time and at most provide them with
money for transportation to their extended families' residences.
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.--Recent Elections.--There
were isolated incidents of fraud, flawed voter registration lists,
ballot stuffing, intimidation, and some violence at the polls during
the March 20 second round of elections for deputies, senators, and
president. Despite incidents of civil unrest, the police remained
largely neutral during the political process. The first round of
elections in November 2010 was also marred by fraud, flawed voter
registration lists, ballot stuffing, intimidation, and some violence at
the polls. Despite a relatively low (22 percent) participation rate,
international observers and civil society generally considered the
second round to be free and fair. Voters elected Michel Martelly by a
wide margin, and he was peacefully inaugurated as president on May 14,
all the more remarkable since the outgoing and incoming presidents were
from opposing political parties.
Political Parties.--There were some restrictions on certain
political parties. In 2009 the Provisional Electoral Council (CEP)
considered 69 political parties for the 2010 parliamentary elections
and approved 53. The CEP rejected 16 parties, including former
president Jean-Bertrand Aristide's party, Fanmi Lavalas, for
documentation that was inconsistent, lacked notarization, or did not
conform to legal requirements. Other rejected major parties included
Union, Popular Solidarity Alliance, Struggling People's Organization,
and Fusion. The latter two groups allied under a new party banner,
Alternative, which officially boycotted the elections, although many of
the party's legislative candidates participated in the elections.
The constitution requires that, following local and municipal
elections, local officials must hold a series of indirect elections to
staff departmental organs of self-government and an interdepartmental
council to advise the national government and nominate candidates for
the CEP. The law requires that the three branches of the national
government select from among these nominees the council's nine members.
Since these indirect elections have not taken place since the
constitution was written, the country continued to operate with the
presidentially appointed CEP.
Participation of Women and Minorities.--Electoral legislation
mandates that political parties nominating at least 30 percent female
candidates and electing 20 percent of those nominated receive twice as
much public financing for those same positions in the next election.
None of the political parties met these criteria in the November or
March elections. The monetary deposit required of female candidates for
political office (if sponsored by a recognized party) was one-half that
required of male candidates. In the 2010 elections, two women ran as
candidates for president, eight for the Senate, and 45 for deputy
seats. Of the deputy candidates, two won their seats outright in the
first round, and seven qualified to run in the second round. Mirlande
Manigat, one of the female presidential candidates, won approximately
30 percent of the vote, qualifying her to run in the second round.
Voters elected five women to the 99-member Chamber of Deputies. The
sole female member of 30 senators was elected in 2006, and her term
expired during the year. President Martelly appointed three women into
ministerial positions (women's affairs, tourism, and health), of which
there were 16, and four female secretaries of state out of 19. Martelly
also appointed women to be director general and vice director general
of the Haitian Popular Bank, one of two state-owned banks.
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
remained widespread in all branches and at all levels of government.
The constitution mandates that high-level officials and parliament
members accused of official corruption be prosecuted before the Senate,
not within the judicial system. However, the Senate brought no such
prosecutions.
In July the RNDDH published a list of names of 22 candidates in the
2010 parliamentary elections, all of whom received a salary of 100,000
gourdes (approximately $2,500) a month during their campaigns from the
Ministry of Interior. All 22 candidates were from different parties but
ran under the INITE banner, the political party of the Preval
government. Voters elected 12 of these candidates. After publication of
the list, the anticorruption committee in Parliament convoked the
acting minister of interior, Paul Bien-Aime, who publicly testified
that the payments were for consulting services and asserted that there
was nothing illegal about hiring consultants during election season.
Earlier in the year Port-au-Prince prosecutor Sonel Jean Francois
attempted to pursue the case, but he was fired after Amos DuRosier,
director of the government's Unit to Fight Against Corruption (ULCC),
alerted Bien-Aime and Prime Minister Jean-Max Bellerive to the
investigation. Afterwards, authorities made no arrests nor levied any
fines. Two anticorruption bodies in the government, the ULCC and the
Central Unit of Financial Intelligence (UCREF), refused to pursue the
case, alleging that investigating a sitting minister was outside their
mandate and up to Parliament to resolve.
On January 16, former president Jean-Claude Duvalier returned to
the country. Authorities immediately arraigned Duvalier on charges that
included corruption, torture, and murder. A substantial number of
plaintiffs filed cases against Duvalier, supported by local and
international NGOs and the U.N. The cases were handed over to three
subsequent Port-au-Prince prosecutors. At year's end the judge assigned
in the case had yet to decide whether there was sufficient evidence to
proceed to trial.
Former president Jean Bertrand Aristide returned to the country on
March 18. At year's end no charges had been filed against Aristide.
During the period from President Martelly's election in May to the
installation of a prime minister in October, there were multiple
allegations of corruption and embezzlement by members of the outgoing
Preval government. The RNDDH alleged in September that Prime Minister
Jean-Max Bellerive had transferred approximately 3.5 million gourdes
($87,500) in government funds to a man named Marinio Jeune in the city
of Les Cayes.
On May 30, authorities arrested Edrick Leandre, head of the
mandatory car insurance agency. Although the HNP carried out the
arrest, its impetus reportedly came from the new Martelly
administration. Both the government's main audit agency and the ULCC
issued damaging reports against Leandre and his administration of the
multimillion dollar agency. The head of its employees' union hailed the
move as a warning to other alleged wrongdoers and lamented that Preval
had shielded Leandre from legal action.
There were frequent reports of corruption in the HNP. For instance,
affluent prisoners at times obtained favorable conditions of detention.
The HNP investigated some allegations of police malfeasance, leading to
the arrest or termination of employment of very few officers.
There were reports of corruption and impunity in the electoral
process. In October the media reported that an elected deputy in Port-
au-Prince, Arnel Belizaire, was an escaped prisoner convicted of murder
in 2004. The law provides immunity from prosecution for sitting
legislators, but attorneys and human rights advocates asserted that
immunity did not apply to previous convictions. Human rights NGOs
alleged that Belizaire paid bribes to the CEP to overlook his
conviction when he declared his candidacy. On October 27, authorities
arrested Belizaire, and former prosecutor Felix Leger requested that
the Chamber of Deputies lift his immunity. The chamber did not do so,
and both chambers of parliament debated the legality of the arrest and
summoned the minister of justice, Leger, and others. On November 28,
the Senate heard a report placing responsibility for the arrest on
Justice Minister Pierre-Louis. Both he and Leger resigned, and the
Senate took no further action. The Chamber of Deputies was expected to
take up the issue when it opened its regular session in January 2012.
The UCREF has responsibility for combating financial crimes. By law
the president, the prime minister, cabinet ministers, other high-level
public officials, and members of the HNP must declare assets. By the
end of the year, only the former president and prime minister had
complied with the law, according to press reports. Public officials who
do not fulfill this obligation are subject first to a 50 percent
reduction in salary, followed by suspension, until they file their
statements. However, by the end of the year the government sanctioned
no officials for failure to file the disclosures.
No law requires 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
generally operated without government restriction, investigating and
publishing their findings on human rights cases. The government
cooperated with the various human rights observation missions and
generally acknowledged their views but disagreed on the most
appropriate approach to addressing human rights issues.
U.N. and Other International Bodies.--The government permitted
special missions and the continued presence of U.N. bodies and other
international organizations such as the ICRC.
Government Human Rights Bodies.--The constitution provides a seven-
year mandate to the OPC to protect individuals against any form of
abuse by the government. In principle the OPC offered free legal
assistance to any citizen who appeared before a court regarding a filed
complaint, but in practice the organization lacked the funding,
personnel, and capacity to provide these services to all those who
sought them. The OPC took an active role in investigating allegations
of government abuse and worked collaboratively with international
organizations. In particular the OPC advocated strongly for the rights
and better conditions of prisoners, especially juvenile prisoners in
preventive detention. The OPC regularly visited prisons and detention
facilities. The OPC also worked closely with NGOs and civil society
groups representing and providing services to victims of gender-based
violence.
The Chamber of Deputies and the Senate each had a human rights
committee; however, neither committee published any reports or
introduced any legislation during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law does not specifically prohibit discrimination on the
grounds of race, gender, disability, language, or social status. It
does provide for equal working conditions regardless of gender,
beliefs, or marital status. However, no effective governmental
mechanism administered or enforced these provisions.
Women.--Rape and Domestic Violence.--The law prohibits rape but
does not recognize spousal rape as a crime. The penalty for rape is a
minimum of 10 years of forced labor, increasing to a mandatory 15 years
if the victim was less than 16 years old. In the case of gang rape, the
maximum penalty is lifelong forced labor. Actual sentences were often
less rigorous, and prosecution frequently was not pursued due to lack
of reporting and follow-up on victims' claims. Of the 54 men convicted
for rape in 2010-11, judges handed down sentences ranging from eight
months to 15 years; one man--a priest--received life in prison. The
criminal code excuses a husband who kills his wife or her partner found
engaging in an act of adultery in his home, but a wife who kills her
husband under similar circumstances is subject to prosecution.
In December MINUSTAH reporting from police station registers showed
470 allegations of rape, a drop of nearly 50 percent from 2010 that
likely did not reflect a reduction in the incidence of rape, but rather
a decline in the confidence of victims that their cases would be
investigated if reported. Some NGOs reported a marked increase in the
incidence of rape. U.N. reporting showed near daily incidents of
domestic violence and rape. The HNP SGBV unit had few resources and no
rape kits.
Rape and other forms of violence were a particular problem in the
IDP camps, as they were in urban slums throughout the country. A host
of factors in IDP camps contributed to the increased vulnerability of
women and minors: flimsy tent doors, poor lighting, separated families,
unfamiliar neighbors, the relative anonymity that hundreds of tents
provide, the lack of effective law enforcement, and limited knowledge
of and access to health and economic services. Teenage girls often had
their own tents, perhaps reflecting family efforts to spread out among
several tents in order to maximize the amount of goods and services
they received from NGOs. An unfortunate side effect was that many young
women and girls were placed in vulnerable situations.
Attorneys from the Bureau des Avocats Internationaux (BAI), who
represent rape victims, said that authorities were fairly responsive to
cases involving the rape of minors, as the law is clear and judicial
measures already exist to deal with such cases, which are often
accompanied by outrage from local communities. However, cases in which
the offender was also a minor or in which the victim was an adult were
often dropped or not effectively pursued, they said, because there were
no clear legal or administrative structures to deal with such cases.
They said authorities often ``provisionally released'' juvenile
offenders in rape cases back to their parents.
According to BAI, in 63 of the 73 cases of rape received during the
year, the victims were minors. BAI attorneys said barriers to reporting
rape remained high and included stigmatization, fear of reprisal, and
distrust of the judiciary and legal system. They also said there were
wide disparities in access to and the quality of medical certificates
from hospitals treating rape survivors. Multiple credible groups said
that legal authorities often asked rape victims inappropriate
questions, such as whether the victim was a virgin before the incident
and what clothing the victim was wearing at the time of the alleged
rape, a practice corroborated by the RNDDH. In some cases authorities
advised victims against pressing charges in order to avoid the public
humiliation of a trial. Having limited access to protection and
shelters, survivors of rape and other forms of sexual violence faced
obstacles in pursuing legal justice.
The law does not classify domestic violence against adults as a
distinct crime. Women's rights groups and human rights organizations
reported that domestic violence against women remained commonplace and
underreported. Police rarely arrested the perpetrators or investigated
the incidents, and the victims sometimes suffered further harassment
and reprisals from perpetrators, sometimes prompting secondary
displacement of victims within IDP camps. Judges often released
suspects arrested for domestic violence and rape.
Sexual Harassment.--The law does not specifically prohibit sexual
harassment, although the labor code states that men and women have the
same rights and obligations. Data concerning sexual harassment in the
workplace were not available, although observers suggested that sexual
harassment was common. Such incidents went unreported because of high
unemployment and because citizens had little confidence in the ability
of the judicial system to protect them.
Reproductive Rights.--Couples and individuals have the legal right
to decide the number, spacing, and timing of children and have the
information and means to do so free from discrimination. Despite high
levels of general knowledge of contraceptive methods, social, cultural,
and legal barriers often impeded women from acquiring additional
information on family planning methods and reproductive health care. In
the largely conservative society, modern contraception is discouraged,
and most men do not desire it. The most popular form of modern birth
control was injection, because women did not have to declare it to
their partners. A 2006 U.N. report showed a 37.5 percent unmet need for
family planning, a trend that health-care professionals said persisted.
Young sexually active women found it especially difficult to gain
access to family planning services. Family planning services were often
located in public health facilities such as hospitals but did not have
private or confidential screening areas.
The U.N. Population Fund reported that only 25 percent of all
deliveries occurred in health institutions. A 2006 Ministry of Health
study showed that up to 85 percent of pregnant women reported at least
one antenatal medical visit and 54 percent reported four or more
antenatal visits. Most women used ``matrons,'' often experienced but
untrained local women, to help them give birth at home or in nonmedical
facilities. Health-care professionals attributed this practice to the
poor level and inconsistency of maternal services at hospitals and
clinics. Pregnant women often went for an initial visit and discovered
overcrowded facilities with untrained staff and insufficient medical
supplies. While most women in rural provinces chose to deliver at home,
many women in urban areas with access to professional delivery services
also chose to deliver at home. A rough estimate based on U.N. World
Bank, and local health professional estimates of health trends placed
the maternal mortality rate between 300 and 670 per 100,000 live
births, although this number could not be confirmed since no nationwide
survey has been conducted since 2005. A combination of strict laws,
unmet family planning needs, a high fertility rate, and a high level of
unwanted pregnancies contributed to the high maternal mortality rate.
Women and men had equal access to diagnostic services and treatment
for sexually transmitted infections, including HIV/AIDS.
Discrimination.--Women did not enjoy the same social and economic
status as men. In some social strata, tradition limited women's roles.
The majority of women in rural areas remained in the traditional
occupations of farming, marketing, and domestic labor. Very poor female
heads of household in urban areas also often faced limited employment
opportunities, working in domestic labor and sales. Government and
private sector employers seldom promoted women to supervisory
positions.
Children.--Birth Registration.--Citizenship is derived through an
individual's parents; only one parent of either sex is necessary to
transmit citizenship. Citizenship can also be acquired through a formal
request to the Ministry of the Interior. The government did not
register all births immediately and did not keep statistics concerning
the number of unregistered births each year. One government report
estimated births of more than 10 percent of Haitians were not
registered. Birth registry is free until the age of two, after which it
can be difficult and expensive to get a birth certificate, particularly
in the provinces. Another deterrent to birth registration is that the
certificate states that the child is legitimate if born in wedlock, and
``natural'' if not, which can deter people from registering births to
avoid stigmatizing the child.
Birth documents are legally necessary to open a bank account, apply
for credit, gain admission to a hospital, and vote. Individuals without
required birth documents were not denied emergency medical services or
educational opportunities on that basis. Many official documents were
destroyed in the earthquake. The National Archives saw its requests for
certified copies of documents more than triple upon reopening after the
earthquake, and the Office of National Identification faced long lines
for months as people sought to replace lost or damaged identification
cards. Both institutions were overwhelmed by the demand but addressed
the backlog incrementally.
Education.--Despite constitutional provisions proclaiming free and
compulsory primary education for all children, neither primary nor
secondary education was compulsory, free, and universal. There were
approximately 1.5 million children between the ages of six and 12 in
the country, only half of whom attended school. On October 3, President
Martelly announced a plan to give access to free education to
approximately 772,000 children in public schools throughout the country
for the 2011-12 school year, through a combination of waiving school
fees for an estimated 500,000 existing students and providing tuition
for 250,000 new students. The U.N. Children's Fund and other
international bodies also contributed millions of dollars to subsidize
the cost of schooling. Many families who were not able to get their
children into a public school paid for their children to attend private
schools, which were generally unaccredited and unregulated.
Child Abuse.--The law prohibits domestic violence against minors.
MINUSTAH reporting from police stations registered only 77 incidents of
domestic violence against minors during the year compared with 300
incidents from January to October 2010. The lowered rate likely did not
reflect a decrease in activity, but a decrease in reporting similar to
that seen in rape cases. Governmental agencies and programs promoted
children's rights and welfare, but the government lacked sufficient
resources to support or enforce existing mechanisms adequately.
Credible sources reported that between 250,000 and 500,000 children
worked as indentured household servants, or ``restaveks'' (see section
7.c.). Approximately 65 percent of these children were female, and
nearly three-quarters of them worked as servants in the homes of
relatives or family acquaintances.
Port-au-Prince's population of several thousand street children
included many who were dismissed from or fled employers' homes or
abusive families, but also some children who lost parents or caretakers
in the earthquake. Almost 75 percent of street children were boys,
according to estimates. NGOs reported that street children were likely
to be sexually or otherwise abused, received little or no education,
and were easily exploited by trafficking recruiters. Criminal gangs
also reportedly enlisted minors to commit illegal acts. The Ministry of
Social Affairs provided some assistance, such as food and temporary
shelter, to street children.
The Institute of Social Welfare and Research (IBESR) is responsible
for monitoring and accrediting more than 600 residential care centers
but had limited resources with which to do so. Lack of sanitation,
overcrowding, insufficient food, an absence of education, and poor
adult supervision characterized many of these facilities. Allegations
of sexual abuse by staff were not uncommon. Nearly all children's homes
in the country were operating at or above capacity, according to the
IBESR. There was extensive evidence that foreign adoption agencies and
their clients helped informally fund some residential care centers that
did not meet government standards for care of children for adoption.
Sexual Exploitation of Children.--The minimum age for consensual
sex is 18. Inefficiencies in reporting and investigating allegations of
rape contributed to uncertainties regarding penalties, if any, for
statutory rape. Children also worked on the street and in IDP camps in
prostitution. The U.N. reported that children were the victims in 60
percent of sexual gender-based violence cases reported in 2010.
Recruitment of children for sexual exploitation, pornography, and
illicit activities is illegal, but the U.N. reported that armed gangs
in Port-au-Prince recruited children as young as 10. The law prohibits
the corruption of youth under the age of 21 years, including by
prostitution, with penalties ranging from six months' to three years'
imprisonment.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of Child Abduction. For
information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The constitution and laws do not
explicitly prohibit discrimination against persons with physical and
mental disabilities, and there were no reports of discrimination by the
government against persons with disabilities in employment, education,
access to health care, or the provision of other state services.
However, because of widespread and chronic poverty, a shortage of
public services, and limited educational opportunities, persons with
disabilities were severely disadvantaged.
The Secretariat of State for the Integration of Handicapped Persons
(SEIPH) is the lead government agency responsible for providing
assistance to persons with disabilities and ensuring that their
concerns are taken into account, especially during the reconstruction
phase. In practice the U.N. provided most of the coordination and NGOs
provided most of services, with SEIPH acting primarily as an advocate
within the government. SEIPH estimated there were 800,000 persons with
disabilities, plus an estimated additional 5,000-10,000 as a result of
injuries from the 2010 earthquake, including 5,000 new amputees. Only 3
percent of children with disabilities had access to schools. Handicap
International provided comprehensive services to a limited number of
persons including prostheses, psychosocial counseling, and training.
The conditions in the state hospital for mental illness were well
below international standards, with patients often living in harsh
conditions. Patients were frequently restrained in order to keep them
from wandering, and many of them were kept isolated in small rooms
without windows and without adequate or regular access to hygiene.
Staff in the hospitals were insufficient to meet patients' needs and
were often untrained for providing mental health services. As a group,
people with mental illness or developmental disabilities were
consistently marginalized, neglected, and abused in general society.
For example, family members frequently tied up persons with cognitive
disabilities or mental illness for long periods of time. There was a
general stigma against all forms of mental illness. Much of this
neglect and abuse stems from a lack of understanding of mental health,
mental illness, and disability. A lack of quality mental health
services, as well as a lack of advocacy and awareness-raising
activities in support of this population, exacerbated and perpetuated
the misunderstanding. There were only approximately 20 psychiatrists in
the country, most of whose training and credentials were antiquated.
Under such conditions the majority of the mentally ill did not receive
adequate mental health services.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While there were no confirmed
reports of official discrimination against the lesbian, gay, bisexual
and transgender (LGBT) community, domestic NGOs reported that LGBT
persons faced widespread societal discrimination including social
stigma, targeted physical violence, sexual assault, and employment
insecurity. NGOs also reported that such persons did not report human
rights violations due to fear of reprisal.
LGBT community members faced overt discrimination from law
enforcement and judicial authorities, particularly in Port-au-Prince.
An HIV-positive person called ``Papouche'' died in the National
Penitentiary during the summer after being repeatedly raped and then
denied medical treatment. Papouche became so desperate to protect
himself in prison that, before becoming sick from infection, he
repeatedly asked family members for condoms and lubrication to give to
his assailants.
An LGBT advocacy group, Serovie, provided outreach, counseling,
support, and at times legal intervention on behalf of the LGBT
community. There were no laws criminalizing consensual same-sex
conduct, but Serovie's leadership reported that its constituents faced
daily harassment and frequent targeting by law enforcement authorities
for violations of ``public scandal'' laws. According to Serovie, gay
men faced an atmosphere of discrimination and, at times, violent
rejection from the rest of society. The IBESR provided some limited
support to the LGBT community and particularly to lesbians.
In Port-au-Prince, Serovie said police arrested Willio Gourdain and
Angelot Pierre, two gay men, on August 13 after they were involved in a
fight. Serovie said Gourdain owned a small clothing store in
Petionville and was housing several other gay men, a common practice
that allowed LGBT members to protect themselves more effectively. A
local resident allegedly attacked Gourdain and his friends with a
knife, but when police responded, local residents began throwing rocks
at Gourdain and yelling slurs. After the arrest of the two, Serovie
said the local judge and arresting police officer immediately contacted
it to request bribes for their release, starting with 100,000 gourdes
($2,500) and eventually settling on 30,000 gourdes ($750), which
Serovie paid out of fear the men would face a similar fate as Papouche
in prison. On August 19, after being paid, authorities released the
men, who returned to find the clothing store vandalized and looted.
LGBT community members in more rural provinces reported a far more
tolerant and accepting attitude from their communities than was the
case in urban centers such as Port-au-Prince. For example, in
Artibonite Department some men were able to live openly as couples. The
Artibonite is a major center for the Vodou faith and contains three of
Vodou's holiest sites. The longstanding tradition of acceptance of
alternative lifestyles broadly speaking allowed some men to dress and
live openly as women.
Serovie's targeted services reached an estimated 10,000 gay men
during the year, suggesting that there was a significant LGBT community
in need of support. Groups such as Serovie took concrete steps to build
a support network and continue their efforts to reach a larger cross
section of the LGBT community.
Other Societal Violence or Discrimination.--Vigilante reprisals
remained a common practice, especially but not exclusively in rural
areas with severely limited or nonexistent support from law enforcement
and judicial authorities. From January to September, the RNDDH reported
28 Vodou priests or Vodou practitioners were killed after being accused
of creating a powder to spread cholera. Citizens either decapitated or
burned their victims to death. These accusations began to appear
shortly after the outbreak of cholera in October 2010 and continued
during the year.
Lynching remained a frequent practice with few or no legal
repercussions, especially in relatively rural areas outside the
capital. For example, the HNP recorded 113 cases of lynching, up from
83 in 2010, none of which resulted in an arrest. Citizens often
retaliated against police officers, particularly after incidents in
which a police officer used his firearm to shoot a suspect. There was
also at least one case in which citizens lynched alleged criminals in
defense of HNP officers, such as when a crowd killed two men who shot
an HNP officer in Cap Haitien in October after he tried to stop them
during a robbery.
Societal discrimination occurred against persons with HIV/AIDS, who
were often associated with the LGBT community. There is an annual HIV
awareness parade every December that many mistakenly associate with the
LGBT community.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows some workers, excluding public sector employees, to form
and join unions of their choice; provides for the right to strike, with
restrictions; and allows for collective bargaining. The law requires
that a union have a minimum of 10 members and register with the
Ministry of Social Affairs and Labor within 60 days of its formation.
It also requires that any union with more than 20 members obtain prior
authorization from the government in order to be recognized.
The law limits legal strikes to four types: striking while
remaining at post, striking without abandoning the institution, walking
out and abandoning the institution, and striking in solidarity with
another strike. Public utility service workers and public sector
enterprise workers may not strike. The law defines public utility
service employees as essential workers who ``cannot suspend their
activities without causing serious harm to public health and
security.'' A 48-hour notice period is compulsory for all strikes, and
strikes may not exceed one day.
The law prohibits antiunion discrimination by employers, who are
liable to a monetary fine for each individual violation. The law does
not require employers to reinstate workers illegally fired for union
activity, although illegally fired workers have the right to recoup any
compensation to which they are entitled.
The law does not cover freelance workers or workers in the informal
economy, meaning the vast majority of workers nationwide, including
agricultural workers, civil servants, miners, and domestic workers,
were not protected by labor code regulations.
In practice the government made little effort to enforce labor
laws. Under the supervision of the Ministry of Social Affairs and
Labor, the courts are responsible for adjudicating minor conflicts. The
courts were weak and ineffective, and the government did not enforce
their judgments. There was one labor court in Port-au-Prince. In the
provinces plaintiffs had the legal option to use municipal courts for
labor disputes, but it was not clear that this was effective in
practice.
In practice the exercise of freedom of association faced a number
of challenges. Many trade unions were not independent organizations,
but rather extensions of political parties. High unemployment rates and
antiunion sentiment among some factory workers and most employers
limited the success of union organizing efforts. During the year one
apparel workers' union was formed. Shortly after its formation, six
executive members of the union were dismissed. In its October report,
the International Labor Organization's (ILO) Better Work program
identified strong circumstantial evidence that the workers were fired
because of their union affiliation. The three involved employers were
unable to provide sufficient evidence to the contrary. By year's end
five of the six union members had been reinstated.
Employers generally set wages unilaterally. There was one known
example of collective bargaining in a factory. However, that collective
bargaining agreement between the union and the employer did not comply
with the law that workers must be paid 50 percent above the normal wage
for all overtime hours worked.
Workers exercised the right to strike in practice. Despite the
prohibition on public sector strikes, there were several during the
year, usually related to the government's failure to pay staff. There
was at least one case during the year in which workers were fired after
striking at a garment factory. The government ruled that the strike was
illegal because workers failed to give the required notice.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. However, the government did
not effectively enforce the law. There were reports that forced or
compulsory labor occurred in practice, namely instances of forced labor
among child domestics, or restaveks.
In a limited number of cases, there was also credible evidence of a
culture of intimidation and employer control over workers in the
textile industry, including stationing of security guards at factory
doors or gates; restrictions on exiting and on freedom of movement
within the factory; nonpayment or underpayment of wages for overtime,
including for overtime in excess of the legal limit; and limits on
access to drinking water.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment in industrial, agricultural, or commercial
companies is 15. The minimum age for apprenticeships is 14. The law
prohibits young persons and children from performing any work that is
likely to be hazardous, interferes with their education, or is harmful
to their physical, mental, spiritual, moral, or social health and
development, including the use of children in criminal activities. The
law also prohibits minors from working under dangerous or hazardous
conditions, such as mining, construction, or sanitation services, and
prohibits night work in industrial enterprises for minors under 18.
There is no minimum age restriction for work in domestic service,
and there are no legal penalties for employing children in domestic
labor unless the nature or condition of domestic service harms their
health, safety, or morals. The law requires employers to pay domestic
workers over the age of 15, thereby allowing employers of domestic
workers to use ``food and shelter'' as a means of unregulated
compensation for those under 15. Although the law guarantees free and
compulsory primary education for all children, children are only
required to attend school for six years, making children ages 12 to 14
(who are not required to attend school but are also not legally allowed
to work) particularly vulnerable to child labor, including the worst
forms of child labor.
Young people ages 15 to 18 seeking employment must obtain a work
authorization from the Ministry of Social Affairs and Labor, unless
they are employed in domestic service. Companies that employ minors
without work authorization risk punishment with fines of between 3,000
and 5,000 gourdes ($78 and $125).
The ministry, through its IBESR, is responsible for enforcing child
labor laws. The government indicated that understaffing and a shortage
of basic equipment, such as vehicles, hindered IBESR's ability to
conduct effective child labor investigations. The government does not
report statistics on investigations into child labor law violations or
the penalties imposed. The Martelly government and the new head of
IBESR showed a renewed sense of urgency regarding orphans, street
children, and children being trafficked for the purpose of domestic
service, marshaling police enforcement resources to rescue some
trafficked children and shutting down several orphanages near the end
of the year. The head of IBESR placed a full-page ad in the national
newspaper warning orphanages and children's homes to register with
IBESR by December 31 or face legal action. However, the lack of
sufficient social protection programs and signed legislation to
eliminate the worst forms of child labor continued to serve as a
barrier to progress.
The HNP's Brigade for the Protection of Minors (BPM) is responsible
for investigating crimes against children. The BPM has 35 officers and
a system to refer exploited and abused children for social services.
Although the BPM has the authority to respond to allegations of abuse
and apprehend persons who have been reported to exploit child domestic
workers, the BPM did not pursue restavek cases for investigation
because there are no legal penalties against the exploitive forms of
the practice.
Fierce adult competition for jobs ensured child labor was not a
factor in the industrial sector. The ILO Better Work report also noted
that there were improvements in procedures to prevent child labor in
garment factories, primarily related to better implementation of age
verification procedures in factories. However, children under the age
of 15 commonly worked in the informal sector to supplement family
income. Activities and sectors in which children worked included
domestic work, subsistence agriculture, and street trades, such as
selling goods, washing cars, serving as porters in public markets and
bus stations, and begging. Children also worked with parents on small
family farms, although the high unemployment rate among adults kept
significant numbers of children from employment on commercial farms.
The worst forms of child labor, particularly in domestic service,
continued to be problematic and endemic. An estimated 250,000 to
500,000 children were employed in domestic work as restaveks. A 2009
survey estimated that 225,000 children worked as restaveks in urban
areas of the country. The majority of restaveks were girls between the
ages of six and 14. Exploitation of restaveks typically included
families forcing them to work excessive hours on physically demanding
tasks without pay or adequate food, not sending them to school, and
subjecting them to physical or sexual abuse. Girls were often placed in
domestic servitude in private urban homes, while boys more frequently
were exploited for labor on farms. Restaveks who did not run away from
families usually remained with them until age 14. Many families forced
restaveks to leave before age 15 in order to avoid paying them wages as
required by law. Others ignored the law, often with impunity.
Children working on the streets were exposed to a variety of
hazards, including severe weather, vehicle accidents, and crime. The
thousands of individuals displaced or orphaned by the 2010 earthquake
likely increased the number of both restaveks and street children.
Estimates of the number of street children nationwide varied greatly
but generally placed the number at 50,000 or higher. Abandoned and
runaway restaveks constituted a significant proportion of the large
population of children living on the street, many of whom were forced
into prostitution or street crime by criminal gangs, while others
became street vendors or beggars.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda/htm.
d. Acceptable Conditions of Work.--The daily minimum wage was 150
gourdes (approximately $3.75) in the textile sector and 200 gourdes
(approximately $5.00) in the commercial and industrial sectors. Workers
paid at a piecework rate received a minimum of 200 gourdes per day. For
all other industrial and commercial work, the daily minimum wage was
fixed at 200 gourdes for eight hours of work.
The law sets the standard workday for industrial, commercial, and
agricultural establishments at eight hours and the workweek at 48
hours, with 24 hours of rest and paid annual holidays. It also provides
for the payment of overtime and prohibits excessive compulsory
overtime. However, the law grants exemptions to health-care, lodging,
food and beverage, and entertainment establishments; managerial
positions; and family establishments that employ only family members.
The Labor Directorate may grant exemptions for other employers not
specifically exempted by the law. The law is also silent with respect
to prohibiting overtime for public sector employees. Labor law is very
vague regarding domestic workers' rights including working hours,
salary, vacation, and severance. The law establishes minimum health and
safety regulations.
Although the Ministry of Social Affairs and Labor is charged with
enforcement, laws on the minimum wage, standard workweek, premium pay
for overtime, prohibition of excessive compulsory overtime, and
occupational safety and health were not effectively enforced. Penalties
were not sufficient to deter violations and were often not applied. The
ministry's capacity to enforce violations was limited by human resource
and other constraints. Estimates of the number of labor inspectors
varied widely. Whatever their actual number, labor inspections were
considered ineffective for a number of reasons including a lack of
funding, questionable professionalism, and a lack of effective
regulatory enforcement.
The ILO Better Work report noted significant problems in regard to
overtime as a condition of work. In eight factories the employer did
not comply with limits on overtime hours worked. In these cases workers
performed overtime work of more than 80 hours during a three-month
period, which is the limit stated in the labor code. There were
findings of factories not requesting authorization for overtime work
(three factories) or Sunday work (four factories) as the law requires.
Many factory managers submitted letters addressed to the Ministry of
Social Affairs and Labor requesting authorization to perform overtime
and/or to work on Sunday; however, at year's end they were still
waiting for the ministry's authorization. In these cases the government
considered the factories to be in compliance because they requested the
authorization according to the law.
Most citizens worked in the informal sector and subsistence
agriculture, for which minimum wage legislation does not apply, and
where daily wages of 20-30 gourdes ($0.50-0.75) were common. Many women
worked in domestic service, which was also exempted from minimum wage
legislation. Due to staff shortages and special events, salaried HNP
officers sometimes worked 12-hour shifts six days per week and received
no overtime, although they received standardized bonuses at year's end.
The industrial and assembly sectors largely observed occupational
safety and health guidelines. However, in part due to increased third-
party oversight of textile factories, there were increased reports of
noncompliance regarding minimum wage, daily breaks, health services and
first aid, and worker protection. In some garment factories,
supervisors reportedly forced workers employed under a quota system to
work overtime by such tactics as closing the factory doors until quotas
were met. There was improvement in several of these areas, but overall
compliance remained low, and there were industry-wide problems in the
areas of minimum wage, employment contracts, occupational safety and
health, and working hours.
No group collected formal data, but unions alleged job-related
injuries occurred frequently in the construction and public works
sectors. Although they have the legal right to do so, in practice
workers could not remove themselves from dangerous work situations
without jeopardizing their continued employment.
__________
HONDURAS
executive summary
Honduras is a constitutional, multiparty republic. Following
November 2009 elections, which the international community generally
recognized as free and fair, Porfirio ``Pepe'' Lobo assumed the
presidency in January 2010 and formed a government of national unity
including all five registered political parties. Security forces
reported to civilian authorities, but there were instances in which
elements of the security forces acted independently of civilian
control.
Among the most serious human rights problems were corruption within
the national police force, institutional weakness of the judiciary, and
discrimination and violence against vulnerable populations.
Police and government agents committed unlawful killings.
Vigilantes and former members of the security forces carried out
arbitrary and summary killings. There continued to be reports of
killings of agricultural workers, private security guards, and security
forces related to a land dispute in the Bajo Aguan region. Other human
rights problems included harsh prison conditions, violence against
detainees, lengthy pretrial detentions and failure to provide legal due
process, child prostitution and abuse, trafficking in persons,
ineffective enforcement of labor laws, and child labor.
The government took important steps to strengthen respect for human
rights and promote national reconciliation, as well as to prosecute and
punish officials who committed abuses. However, corruption and impunity
were serious problems that impeded the effectiveness of the National
Police.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that members of the security forces committed arbitrary or unlawful
killings. For example, on October 31, eight police officers were
charged with the October 22 killing of two National Autonomous
University of Honduras students, Carlos David Pineda and Rafael
Alejandro Vargas, and the ensuing cover-up. Police officers allegedly
followed the students as they were leaving a discotheque and shot at
the car in which they were traveling, wounding Vargas. Both victims
were then moved to another location and executed. On November 3, the
first hearing in the case was held; four of the eight police officers--
Martin Orlando Ortez, Jose Manfredo Funez, Gabriel Donato Mancia, and
Wilson Roberto Cordova--were arrested and at year's end were in prison
awaiting trial. A fifth officer, Jose Ruben Pozo, turned himself in on
December 7 and also was in prison. The final three suspects--Carlos
Geovanny Galeas, Wilfredo Figueroa, and Santos Arnulfo Padilla--were at
large after being granted 48 hours of leave on October 28 by the
director of the Metropolitan Police, Jorge Alberto Barralaga.
On December 7, unknown gunmen on a motorcycle shot and killed
former senior government adviser for security Alfredo Landaverde. In
the weeks preceding his death, Landaverde had publicly called for
cleaning up the National Police and alleged that its leadership was
linked to organized crime. An investigation into his death continued at
year's end.
During the year confrontations over a long-standing land dispute
between owners of African palm plantations and rural field workers in
the Aguan Valley, Colon Department, resulted in the deaths of or
injuries to approximately 55 persons, including field hands, private
security guards, security force members, one judge, and bystanders. At
year's end responsibility for all but two of these deaths had not been
established. Human rights groups alleged that police, soldiers, and
private security guards used disproportionate force against the
protesting workers. On August 15, approximately 200 unknown gunmen
attacked a group of private security guards, killing four and wounding
11. An investigation into the attack continued at year's end. On August
20 and 21, two leaders of field worker collectives, Secundino
Vallecillo and Pedro Salgado, were killed in separate attacks. Two
suspects were apprehended for the killing of Salgado and his common-law
wife, Irene Licona.
The country had an extremely high homicide rate, registering 82
murders per 100,000 inhabitants during the year. The Department of
Colon saw an increase of 17 percent in homicides compared with 2010. In
response to the continuing violence in the Bajo Aguan region, the
Secretariat of Security deployed a combined force of approximately 500
military and police to augment security forces in the region. In
October the secretariat established a Human Rights Observatory as part
of the security force deployment. In addition, in September the
government facilitated a land purchase agreement that would allow the
agricultural collectives to purchase land in the region that would be
managed by a trust. Despite the agreement, on September 16, a
government security force came under attack, leaving two security force
members dead and several more injured.
As of year's end no date had been set for the trial of the police
chief of Siguatepeque and seven other police officers accused of
homicide, torture, and illegal detention in the June 2010 death of
Mario Orlando Sequeira.
An arrest warrant was issued in March 2010 for Moises Lopez Benitez
for the 2009 shooting and subsequent death due to injuries of Angel
Salgado after he drove through a military roadblock enforcing a curfew
in Tegucigalpa. At year's end his whereabouts were unknown.
b. Disappearance.--There were no reports of politically motivated
disappearances. However, some disappearances, including of minors, were
believed to have been criminally motivated abductions, while others
were attributed to voluntary acts of persons leaving the country for
employment or to escape death threats. During the year there were 32
such cases, compared with 71 in 2010.
On July 25, police detained Jose Santos Varela Vasquez at a
substation in a market in Tegucigalpa and reportedly took him to three
different police stations, where officers repeatedly beat him. Police
records showed that he was released the next day, but his family
contended that his signature for release was forged. His body was found
on August 12. The case was under investigation at year's end.
As of year's end authorities had not presented indictments of four
suspects identified in the February 2010 kidnapping of Manuel de Jesus
Murillo and Ricardo Rodriguez, camera operators for Globo TV.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
there were instances in which the police and military employed them,
including police beatings and other abuse of detainees. In September
the government created the National Committee and Advisory Council
against Torture and Cruel, Inhuman, and Degrading Treatment in
compliance with the Optional Protocol of the U.N. Convention against
Torture to address this problem.
On January 15, 20 unidentified heavily armed men wearing military
uniforms broke into a private residence without a warrant and
reportedly kicked and applied electric shocks to the inhabitants. The
attackers later handcuffed the victims, took them to a wooded hill, and
continued to beat them. One of the victims escaped and filed a report
with the special prosecutor for human rights. An investigation into the
case continued at year's end.
Prison and Detention Center Conditions.--Prison conditions were
harsh and at times life threatening. Human rights groups reported that
prisoners suffered from severe overcrowding, malnutrition, and lack of
adequate sanitation, although they had access to potable water. Due to
overcrowding and lack of adequate training of prison staff, prisoners
were subject to various abuses, including rape by other inmates. There
were reports that prisoners were tortured or otherwise abused in, or in
transit to, prisons and other detention facilities.
The ready access of prisoners to weapons and other contraband,
impunity for inmate attacks on nonviolent prisoners, inmate escapes,
and threats by inmates and their associates outside prisons against
prison officials and their families contributed to an unstable and
dangerous penitentiary system environment. Human rights organizations
charged that prison officials used excessive force against prisoners,
including beatings, as well as isolation and threats.
During the year 49 inmates reportedly died due to violence.
Authorities held prisoners from rival gangs in different facilities or
in different areas of the same prison to reduce intergang violence and
developed a more efficient classification system to identify
potentially violent prisoners.
Persons with mental illnesses, as well as those with tuberculosis
and other infectious diseases, were held with the general prison
population. Authorities at the Dr. Marco Aurelio Soto National
Penitentiary at Tamara reported that, while their facility was the only
prison in the country with an antiretroviral treatment program, the
facility did not have necessary materials to test for or diagnose HIV/
AIDS, tuberculosis, or diabetes. For the nearly 3,000 inmates held at
Tamara, there was only one dentist, and the surgical facility lacked
anesthesia, surgical gloves, and needles.
The country had 25 prisons--24 for men or mixed populations and one
exclusively for women. The total prison population was 11,660, of which
an estimated 400 were women. Authorities reported that the men's
section of the Tamara complex, with a designed capacity of 1,500, held
2,781 male inmates.
Two juvenile prisons, operated under the supervision of the
Honduran Institute of the Child and Family, held 164 inmates at year's
end. Judges tended to place minors in detention centers in the absence
of other educational or reform programs.
Female prisoners generally were held in separate facilities under
conditions similar to those of male prisoners but, unlike their male
counterparts, did not have conjugal visit privileges. At certain lower-
security prisons, women were held with the general population. Children
up to the age of two were permitted to stay with their mothers in
prison. Authorities often held pretrial detainees together with
convicted prisoners. Minors were sometimes held with adults.
Authorities generally permitted inmates to have reasonable access
to visitors and religious services of their choice. Authorities
permitted inmates to submit complaints to judicial authorities without
censorship and request investigation of credible allegations of inhuman
conditions. The director of prisons held meetings with human rights
organizations. While the government did not directly monitor prison
conditions, the National Police and the Secretariat of State of
Security investigated credible allegations from prisoners or NGOs
regarding inhumane conditions. Investigations resulted in written
reports, which were available to the public. The government generally
permitted prison visits by independent local and international human
rights observers, including the International Committee of the Red
Cross.
According to the National Directorate of Special Preventive
Service, the national commissioner on human rights, who performs some
of the functions of an ombudsman, does not serve on behalf of prisoners
and detainees. Instead, public defenders and judges served on behalf of
prisoners for such matters as seeking alternatives to incarceration for
nonviolent offenders to alleviate overcrowding; addressing the status
and circumstances of confinement of juvenile offenders; or improving
pretrial detention, bail, and recordkeeping procedures to ensure that
prisoners do not serve beyond the maximum sentence for the charged
offense.
The Secretariat of Security continued a major prison reform program
that began in 2010 involving the construction of new facilities to
reduce overcrowding, separate the most dangerous prisoners from
nonviolent offenders, and promote rehabilitation. In October the
government opened a new maximum-security prison near Tegucigalpa with a
capacity of 220 and began transferring prisoners to the facility.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but authorities at times
failed to enforce these prohibitions effectively (see section 1.b.).
Role of the Police and Security Apparatus.--The Secretariat of
Security oversees police operations, including those of the National
Police, National Preventive Police, Transit Police, Frontier Police,
Tourist Police, and Prison Police
The Directorate of Internal Affairs of the National Police was
removed from the National Police in November following the alleged
attempted cover-up of the alleged police killings of Carlos David
Pineda and Rafael Alejandro Vargas (see section 1.a.). On November 30,
the National Congress created a new external entity charged with police
oversight, the Directorate General of Investigation and Evaluation of
the Police Career, and named Oscar Manuel Arita director of the new
investigative body.
Corruption and impunity were serious problems that impeded the
effectiveness of the security forces. At the end of August, there were
455 ongoing investigations of police officers in relation to
administrative and criminal complaints, including conduct not befitting
an officer, abuse of authority, police brutality, robbery, and
homicide. Before it was dismantled, the Internal Affairs Directorate
completed 145 investigations of police accused of abuses and began
legal proceedings in 43 of those cases, an increase of 26 percent
compared with 2010.
During the year the National Police Academy provided 150 hours of
human rights training to students at the Honduran Police National
University, 120 hours to the National Police Academy, 60 hours to the
Officers Candidate School, and 10 hours to the Police Technology
Institute.
In January a special victims task force was created to address
violent crimes against vulnerable communities, including members of the
press and the lesbian, gay, bisexual, and transgender (LGBT) community.
By the end of October, the efforts of this unit had led to four arrests
and two warrants for arrest.
In September Alba Castaneda, who had close ties to the human rights
community, was appointed vice minister of security. She subsequently
initiated continuing education in human rights training provided to the
National Police.
In October the Secretariat of Defense began reviewing a proposal
for a comprehensive human rights initiative aimed at strengthening
human rights training in the armed forces.
Gang violence and intimidation, notably on public transport,
remained serious problems. To combat these problems, the Secretariat of
Security funded and installed 134 security cameras during the year
along public transit routes and inside public buses.
Arrest Procedures and Treatment While in Detention.--The law
provides that police can arrest a person only with a court order,
unless the arrest is by order of a prosecutor or is made during the
commission of a crime, when there is strong suspicion that a person has
committed a crime and may try to evade criminal prosecution, or when
the person is caught with evidence related to a crime. The law requires
police to inform a person of the grounds for arrest and bring a
detainee before a competent authority within 24 hours. It stipulates
that the prosecutor has 24 hours to decide if there is probable cause
for an indictment. A judge then has 24 hours to decide whether to issue
a temporary detention order that may last up to six days, by which time
the judge must hold a pretrial hearing to examine probable cause and
decide whether pretrial detention should continue. The law provides for
bail for persons charged with some felonies and the right of prisoners
to have prompt access to family members. Authorities generally
respected these provisions. Although the law also provides prisoners
the right of prompt access to a lawyer of their choice, and, if
indigent, to state-provided counsel, authorities did not always follow
these requirements.
Arbitrary Arrest.--The constitution and law prohibit arbitrary
arrest and detention, but authorities at times failed to observe these
prohibitions.
Pretrial Detention.--Lengthy pretrial detention was a serious
problem. Forty-eight percent of prison inmates had been formally
sentenced, while 52 percent had either not started or completed their
trials. The law mandates the release from prison of detainees whose
case has not come to trial and whose time in detention has exceeded the
maximum prison sentence for the crime of which they are accused. As a
result of trial delays, that limit was exceeded for many pretrial
detainees. Many prisoners remained in prison after being acquitted or
having completed their sentences due to the failure of officials to
process their releases. Judicial inefficiency, corruption, and
insufficient resources contributed to delays.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judicial system was poorly
funded and staffed, inadequately equipped, often ineffective, and
subject to patronage, corruption, and political influence.
Low wages and lack of internal controls rendered judicial officials
susceptible to bribery, and powerful special interests exercised
influence on the outcomes of court proceedings. To begin addressing
these problems, in 2010 Congress made permanent the Interinstitutional
Commission of Penal Justice with the purpose of performing judicial
oversight. In September the Supreme Court created a division of the
commission to focus on human rights cases reported since the 2009 coup.
In October the Supreme Court dismissed charges of abuse of
authority against the former armed forces chief of staff and five other
members of the Joint Staff for executing an arrest warrant issued for
former president Jose Manuel Zelaya and denying him due process by
exiling him to Costa Rica. The court declared that the defendants'
actions were justified due to a ``state of necessity'' to avoid
violence.
In September the Judicial Career Council delivered a verdict
regarding the July 2010 petition for reinstatement presented by four
judges who were members of the anticoup organization Judges for
Democracy. The council ruled that only one of the judges, Ramon Barrios
Maldonado, was eligible for reinstatement. The remaining judicial
officers had a complaint pending with the Inter-American Commission on
Human Rights (IACHR) at year's end. Domestic and international civil
society groups alleged that the June 2010 dismissals were in
retaliation for the anticoup activism by the judges.
Trial Procedures.--By law an accused person is presumed to be
innocent. Jury trials are not used, but the accused has the right to
have an initial hearing by a judge, ask for bail, consult with legal
counsel in a timely manner, have a lawyer provided by the state if
necessary, and request an appeal. The law provides for the right to a
fair public trial for all citizens; permits defendants to confront or
question witnesses and present witnesses and evidence on their behalf;
and provides defendants access to government-held evidence relevant to
their cases. However, these rights were frequently not observed.
Common challenges to criminal prosecutions included a lack of
credible evidence presented by the prosecution, lack of witness
protection, widespread public distrust in the legal system, and
judicial corruption.
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 that is available to citizens seeking civil
remedies for human rights violations. A litigant can bring civil
charges when the criminal court determines that damages may be sought.
The government increased the budget of the special prosecutor for human
rights from 11.7 million lempiras ($617,000) in 2010 to 16 million
lempiras ($844,000). In addition, the special prosecutor for human
rights was allotted an additional six prosecutors, bringing to 19 the
total number of prosecutors dedicated solely to allegations of human
rights abuses by government actors. Citizens may file complaints with
the IACHR.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution and law generally prohibit
such actions, a legal exception allows entry into a private residence
at any time in an emergency or to prevent the commission of a crime.
There were credible charges that police occasionally failed to obtain
the required authorization before entering a private home.
Garifuna representatives and other ethnic minority rights leaders
continued to complain that the government failed to redress previous
actions by private and public security forces that dislodged farmers
and indigenous groups that claimed ownership of lands based on land
reform laws or ancestral titles to property (see section 6).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and laws provide for freedom of speech and
press, and the government generally respected these rights in practice.
In May the government repealed a state of siege law that permitted the
suspension of civil liberties. However, the news media continued to
suffer from vulnerability to special interests and weak professionalism
in reporting and analyzing news. A small number of powerful business
magnates with intersecting commercial, political, and family ties owned
most of the news media and substantially influenced the political and
factual content of reporting in their publications.
Violence and Harassment.--In contrast with 2010, killings of
journalists decreased, but harassment of journalists increased. Both
problems remained serious concerns. During the year there were reports
that unknown actors killed five journalists and one media executive.
There also were reports of harassment and intimidation of other members
of the media, their families, and NGOs; some journalists and NGOs
believed that security forces were involved in these acts.
On December 22, Leonel Espinoza, the local correspondent for the
Colombian news channel NTN, was stopped at gunpoint by a National
Preventive Police unit, forcibly removed from his vehicle, handcuffed,
and briefly detained. Espinoza believed the motivation for his
detention was to intimidate him because of his reporting on corruption
in the National Police. At year's end an investigation continued.
On May 10, two unidentified men shot and killed Hector Francisco
Medina near his home in Morazan, Yoro. He had been the subject of
threats for six months before his death, reportedly related to his
investigative reporting on alleged corruption in city government and
regional land disputes. At year's end a police investigation continued.
Medina's family reported that it continued to receive threats.
On December 5, unknown gunmen attacked the Tegucigalpa offices of
the newspaper La Tribuna, injuring a security guard. NGOs and La
Tribuna officials believed the motive was the newspaper's reporting of
alleged police involvement in the killings of two university students
(see section 1.a.). At year's end an investigation continued.
At year's end the case against police officer Hector Tercero,
charged with abuse of authority, illegal detention, and harassment in
connection with the detention of Aguan television Channel 5 director
Nahum Palacios, remained under appeal, and an investigation continued.
In March 2010 unknown assailants shot and killed Palacios.
On October 31, Marcos Joel Alvarez Barahona, tried for the June
2010 fatal shooting of journalist David Enrique Meza in La Ceiba, was
absolved of the crime. At year's end an investigation continued.
Jhonan Joseph Cockborn, arrested in July 2010 for the murder of
journalist Jorge Alberto Orellana, remained in detention awaiting
trial. Investigations of the March 2010 deaths of Joseph Antony
Hernandez and other journalists continued at year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
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 in practice. There
were, however, allegations from NGOs that police used excessive force
in responding to demonstrations.
Between March 17 and April 1, there were protests led by teachers'
unions that involved from several hundred to several thousand
protesters. The protests were sometimes violent, and police used tear
gas and water cannons in response to demonstrators, who threw Molotov
cocktails and rocks. The altercations resulted in 15 cases of alleged
human rights violations reported to the special prosecutor for human
rights.
Freedom of Association.--The constitution and law generally provide
for freedom of association, and the government generally respected this
right in practice. The penal code prohibits illicit association and
prescribes prison terms of two to four years and a fine of 30,000 to
60,000 lempiras ($1,580 to $3,160) for anyone who convokes or directs
an illicit meeting or demonstration, defined as those attended by
persons bearing arms, explosive devices, or dangerous objects with the
purpose of committing a crime. The penal code prescribes prison terms
between 20 and 30 years and a fine of 100,000 to 300,000 lempiras
($5,280 to $15,800) to heads of gangs or other groups that associate to
commit a crime. Human rights organizations continued to criticize the
law and its implementation as an undue restriction on the right to
associate freely. LGBT advocacy groups continued to express concerns
that the law could be used to criminalize social activities and
organizations of the LGBT community.
c. Freedom of Religion.--See the Department of State's
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 in
practice.
The government cooperated with the Office of the U.N. 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
forced exile in practice. However, several NGOs reported that certain
members went into exile in response to death threats they had received.
Protection of Refugees.--The laws provide for the granting of
asylum or refugee status, and the government has established a system
for providing protection to refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of nearly
universal suffrage. The law does not permit active members of the
clergy and of the military and civilian security forces to vote.
Elections and Political Participation.--Recent Elections.--In
January 2010 Porfirio ``Pepe'' Lobo assumed office for a four-year
presidential term following elections in November 2009 that
international observers considered to be generally free and fair.
Participation of Women and Minorities.--The law states that at
least 30 percent of candidates from each party for national election
should be women. Women held 25 of 128 seats in the National Congress,
and 30 women were alternate members. Six women sat on the 15-member
executive board of congress, and 12 presided over congressional
committees. One of three presidential designates in the government with
equivalent status to that of a vice president was a woman. There were
three female cabinet members: the secretaries of state for justice and
human rights, for tourism, and for social development.
The National Congress had one Misquito community member and one
Afro-Honduran member. The cabinet-level minister of the Secretariat of
State for Indigenous and Afro-Honduran Affairs was an Afro-Honduran.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for corruption, but authorities
did not effectively implement the law. Despite sustained improvement,
government institutions were subject to corruption and political
influence, and some officials engaged in corrupt practices with
impunity.
There was a widespread public perception that the anticorruption
institutions had not taken sufficient steps to contain corruption and
were unwilling or lacked the professional capacity and the resources to
investigate, arrest, and prosecute those involved in high-level
corruption.
On June 27, the Preventive Police took control of security
operations at Puerto Cortes from the federal government-run National
Port Company (ENP) as a result of findings by a presidential commission
investigating charges of corruption, waste, and mismanagement in the
port's operations. ENP general manager Maynor Pinto and his deputy,
Mario Coto, were suspended as a result of the investigation and
replaced with a high-level commission headed by a vice minister. The
commission presented its findings to the president in November. At
year's end the report had not been made public, but charges were
brought against Pinto before the Supreme Court of Justice, and
authorities were investigating the allegations against Coto.
On June 15, a judge hearing two of four criminal cases pending
against Enrique Flores Lanza, former secretary of state in the
Presidential Office in the administration of former president Jose
Manuel Zelaya, ordered that Flores Lanza be put under house arrest and
pay 27 million lempiras ($1.4 million) for bail, reportedly the largest
bail amount in the country's history. In November Lanza won an appeal
that suspended the bail requirement and released him from house arrest.
The charges against Lanza included fraud, falsification of public
documents, abuse of authority, and use of falsified public documents.
In one of the other two cases lodged against Flores Lanza, an appeal by
the prosecution to remove the judge hearing the case was dismissed in
September.
Public officials are subject to financial disclosure laws. The
Public Ministry, police investigative services, and Superior Accounting
Tribunal are the government agencies responsible for combating
corruption. There is an anticorruption interinstitutional working group
composed of the Superior Accounting Tribunal, Office of the Solicitor
General, Public Ministry, Supreme Court, Institute for Access to Public
Information (IAIP), National Commission of Human Rights, and
Anticorruption Council.
The government allowed access to public information for citizens
and noncitizens, including foreign media, through the IAIP. The
institute operates a Web site for citizens to request information from
government agencies and is responsible for ensuring that government
institutions comply with the government transparency rules and
practices for permitting access to public information. If a government
agency denies a request for public information, a party can submit a
claim to the IAIP, which has the authority to grant a resolution,
including sanctioning noncompliance with fines. During the year IAIP
staff travelled nationwide to increase public awareness of the Law on
Transparency and Access to Public Information. The IAIP received 61
appeals in 2010 and more than 300 in 2011, most related to a request
from an NGO for information on how the 128 members of the National
Congress spent their subsidies during the 2006-10 congressional
session. The IAIP ruled in favor of the NGO and was working with the
National Congress to release the information.
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
operated in the country, investigating and publishing their findings on
human rights cases. Government officials generally cooperated with
domestic and international NGOs. For example, on August 30, the
government requested that the Office of the U.N. High Commissioner on
Human Rights open an office in the country.
Government Human Rights Bodies.--On July 7, in accordance with the
Tegucigalpa-San Jose Accord, the Truth and Reconciliation Commission
issued its report on the 2009 coup. The commission consisted of three
international and two Honduran commissioners and was independent and
adequately resourced. Commission members travelled to all of the
country's 18 departments and interviewed 37 of the crisis' main actors
(with the exception of former president Jose Manuel Zelaya, who
declined to meet with the commission), 250 alleged victims of human
rights abuses, and 180 other key participants. It also conducted 125
town hall-style meetings. The commission issued 84 recommendations,
including recommendations to improve the constitution, respect for
human rights, and combat against corruption. In November the government
established a unit under the Secretariat of Justice and Human Rights to
oversee implementation of the recommendations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, but it was not effectively enforced.
Political, military, and social elites generally enjoyed impunity under
the legal system. Women and other vulnerable groups continued to suffer
social and economic discrimination.
Women.--Rape and Domestic Violence.--The law criminalizes all forms
of rape, including spousal rape. With the exception of spousal rape,
which is evaluated on a case-by-case basis, rape is considered a public
crime. A rapist can be prosecuted even if the victim does not press
charges. The penalties for rape range from three to nine years'
imprisonment, and the courts enforced these penalties in practice. Rape
was reportedly a serious and pervasive societal problem and continued
to be underreported due to fear of stigma, retribution, and further
violence. At year's end police reported receiving 216 cases of rape and
other sexually related crimes against women.
The law criminalizes domestic violence, the penalty for which is
imprisonment for between two and four years. The only legal sanctions
for lesser forms of domestic abuse are community service and 24-hour
preventive detention if the violator is caught in the act. The law
provides a maximum sentence of three years' imprisonment for disobeying
a restraining order connected with the crime of intrafamilial violence.
In many cases victims were reluctant to press charges against abusers,
and authorities did not enforce the law effectively.
Violence against women and impunity for perpetrators continued to
be serious problems. The National Criminal Investigation Division
reported it was investigating 3,148 complaints of domestic abuse and
473 killings of women (of more than 6,723 male and female victims of
homicide). There were three government-operated domestic violence
shelters in Choluteca, La Ceiba, and Copan. NGOs operated shelters in
Santa Rosa de Copan, Juticalpa, and Tegucigalpa. The government
provided insufficient financial and other resources to enable these
facilities to operate effectively. However, in cooperation with the
U.N. Development Program, the government opened a consolidated
reporting center in La Ceiba where women could report a crime, seek
medical and psychological attention, and receive other services.
Sexual Harassment.--The law prohibits sexual harassment in the
workplace and provides penalties of one to three years' imprisonment,
but the government did not effectively enforce the law. Government
agencies and the National Institute of Women promoted enforcement of
the law through campaigns to encourage public reporting of sexual
harassment.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children. Information about access to contraception was widely
available, and access to contraception was free from discrimination,
violence, or coercion. Skilled attendance, including essential
obstetric, prenatal, and postpartum care before and during childbirth,
and access to maternal health services were available only to those who
could afford it. According to the U.N. Population Fund, only 67 percent
of births were attended by trained medical personnel, and in 2008 the
maternal mortality rate was 110 deaths per 100,000 live births.
Discrimination.--Although the law accords women and men equal
rights, including property rights in divorce cases, in practice women
did not enjoy such rights. Most employed women worked in lower-status
and lower-paid informal occupations, such as domestic service, without
legal protections or regulations. Women were represented in small
numbers in most professions, but cultural attitudes limited their
career opportunities. By law women have equal access with men to
educational opportunities. The law requires employers to pay women
equal wages for equivalent work, but employers often classified women's
jobs as less demanding than those of men to justify women's lower
salaries. Workers in the textile export industries continued to report
that they were required to take pregnancy tests as a condition for
employment.
The National Institute for Women develops government policy on
women and gender. In addition, the federally sponsored National Plan on
Equality and Gender Equity works to incorporate objectives to achieve
gender equity. The NGO Center for the Rights of Women actively
addressed women's issues.
Children.--Birth Registration.--Birth registration was widely
available. Citizenship is derived by birth within the territory, from
one's parents, or by naturalization.
Child Abuse.--Child abuse was a serious problem. The law
establishes prison sentences of up to three years for persons convicted
of child abuse. The Permanent Commission on Protection for the Physical
and Moral Well-Being of Children, coordinated by the Secretariat of
State of Interior and Population, coordinates public and private entity
efforts to combat child abuse.
Police, gangs, and members of the general public engaged in
violence against poor youths and children. Human rights groups alleged
that individual members of the security forces and civilians used
unwarranted lethal force against supposed habitual criminals, suspected
gang members, and other youths not known to be involved in criminal
activity.
Sexual Exploitation of Children.--Trafficking in children for
commercial sexual exploitation and child prostitution were problems.
Penalties for facilitating prostitution are between nine and 15 years
in prison and a fine ranging between 50,000 and 100,000 lempiras
($2,640 and $5,280). The penalty increases by half if the victim is
less than 18 years of age. There is no statutory rape law, but the
penalty for rape of a minor under the age of 12 is between 15 and 20
years in prison and between nine and 13 years if the victim is 13 or
older. The law prohibits the use of children under the age of 18 for
exhibitions or performances of a sexual nature and in the production of
pornography. The country continued to be a destination and transit
point for child prostitution.
Casa Alianza operated three shelters (with a daily capacity of 180
children) for victims of commercial sexual exploitation, street
children, and children with substance abuse problems, and it provided
vocational and educational training for the parents of 365 children at
risk. The government provided a hotline where reports of suspected
crimes against children could be conveyed directly to investigative
authorities.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html.
Anti-Semitism.--The Jewish community, located primarily in San
Pedro Sula, numbered approximately 1,000. There were no reports of
anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services. Enforcement is the responsibility of
the Secretariat of Labor and Social Security (STSS) ; however, it
focuses primarily on workplace safety and pay issues. Statutory
provisions make it illegal for an employer to discriminate against a
worker based on disability. There were no verifiable reports of
discrimination against persons with disabilities in employment,
education, access to health care, or the provision of other state
services. The law requires access to buildings for persons with
disabilities. In practice few buildings were accessible, and the
federal government did not effectively implement laws or programs to
ensure such access. The government has a disabilities unit in the
Secretariat of Social Development and a special commissioner for
disabilities in the Secretariat of the Presidency.
Indigenous People.--Approximately 621,000 persons, constituting 8
percent of the general population, were members of indigenous and other
ethnic minority groups. These groups, including the Misquitos,
Tawahkas, Pech, Tolupans, Lencas, Maya-Chortis, Nahual, Bay Islanders,
and Garifunas, lived in 362 communities and generally had little or no
political power to make decisions affecting their lands, cultures,
traditions, and the allocation of natural resources.
Most indigenous lands were owned communally, providing land-use
rights to individual members of the ethnic community. Indigenous land
titles often were defined poorly in documents dating back to the mid-
19th century. Lack of a clear title allowed encroachment and
expropriation conflicts by landless nonindigenous settlers, powerful
business elites, and government entities interested in exploiting
coastlines, forests, and other lands traditionally occupied or utilized
by indigenous and other ethnic minority communities. Indigenous and
nonindigenous communities criticized the government's alleged
complicity in the exploitation of timber and other natural resources on
these lands. Indigenous groups maintained that their community-based
land systems more effectively protected their lands from encroachment
by large landowners and that outside groups engaged in illegal
activities. Garifuna leaders continued to allege that groups engaged in
drug smuggling and other contraband trafficking had illegally
appropriated vast areas of their communal lands.
During the year the Secretariat of State for Indigenous and Afro-
Honduran Affairs and Maya-Chorti community members began meeting to
resolve the Maya-Chorti's long-standing concerns about noncompliance
with land restitution commitments made by the government in 2008 and to
address landowner threats to eject community members from tribal lands.
Persons from indigenous and Afro-descendant communities continued
to experience discrimination with respect to employment and occupation,
education, housing, and health services. There were minimal government
efforts to combat this discrimination.
The Secretariat of State for Indigenous and Afro-Honduran Affairs
worked to preserve native culture as well as raise the standard of
living of the indigenous population. It established regional offices to
manage investment and development in areas with a high concentration of
indigenous persons.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no discriminatory
laws based on sexual orientation, but in practice social discrimination
against persons from sexual minority communities was widespread.
Representatives of NGOs focusing on sexual diversity rights asserted
that security forces killed and abused their members. Prosecutors often
encountered serious difficulties in investigating suspicious deaths of
LGBT persons because the victims had concealed their identity or sexual
orientation.
Sexual minority rights groups asserted that security forces,
government agencies, and private employers engaged in antigay
discriminatory hiring practices. These groups also reported that
intimidation, fear of reprisal, and police corruption made LGBT victims
reluctant to file charges or cooperate with prosecutions.
The National Police reported 30 violent deaths of LGBT individuals
during the year. Criminal investigations do not recognize a
``transgender'' category.
At year's end there was no information regarding any investigation
of the 2010 killings of the president, Neraldys, and vice president,
Imperia Gamaniel Parson, of the LGBT NGO Colectivo TTT. Human rights
advocates continued to assert that the killings were hate crimes.
At year's end there were no known developments in the prosecutor's
investigation of the 2009 fatal shooting by unknown assailants of LGBT
activist Walter Orlando Trochez in Tegucigalpa.
Other Societal Violence or Discrimination.--No widespread societal
violence or discrimination against persons with HIV/AIDS was reported.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
Although the law provides for the right of workers to form and join
unions of their choice, protects the right to bargain collectively and
to strike, and prohibits employer retribution for engaging in trade
union activity, it places a number of restrictions on these rights. For
instance, the law prohibits coexistence of more than two trade unions
at a single enterprise, requires 30 or more workers in order to
constitute a trade union, prohibits foreign nationals from holding
union offices, and requires that union officials be employed in the
economic activity of the business the union represents.
The law prohibits members of the armed forces and police from
forming labor unions. The law requires that an employer begin
collective bargaining once workers establish a union, although public
service employees are prohibited from collective bargaining. Collective
bargaining agreements for private sector companies apply to union and
nonunion employees.
The law prohibits labor federations and confederations from calling
strikes and requires that a two-thirds majority of the total membership
of a trade union approve a strike. The law prohibits workers from
legally striking before they (1) attempt and fail to come to an
agreement with their employer, and (2) go through Secretariat of Labor
and Social Security (STSS) mediation. During the mediation companies
sometimes failed to appoint a representative in order to draw out the
process, thus in practice impeding the right to strike. In addition, it
prohibits strikes in a wide range of economic activities that the
government deems essential services and any others that, in the
government's opinion, affect individuals' rights to security, health,
education, and economic or social life, including restrictions on
certain public service employees from going on strike.
Workers in public health care, social security, staple food
production, and public utilities (municipal sanitation, water,
electricity, and telecommunications) are allowed to strike but must
continue to provide basic services. The law also requires that public
sector workers involved in the refining, transportation, and
distribution of petroleum products must submit their grievances to the
STSS prior to striking. Restrictions on strikes in such a broad range
of sectors were considered excessive by international standards.
Workers in export processing zones and separate free zones for
companies that provide services for industrial parks are permitted to
strike under law. However, the law requires that strikes not impede the
operations of other factories in the industrial parks.
The STSS has the power to declare work stoppages illegal and
dismiss the protesting workers. The International Labor Organization
(ILO) continued to express concerns about the government's authority to
end disputes in several sectors, including oil production and
transport, because such provisions are vulnerable to abuse. It also
noted with concern the law's requirement that employees in state-owned
enterprises either obtain the government's previous authorization or
give six months' notice before striking.
The STSS can reach administrative decisions and fine companies for
unfair dismissal; the law permits fines of up to 5,000 lempiras ($265)
for a given violation. The ILO noted that penalties for such
discrimination were inadequate and lacked credibility in the eyes of
companies and municipalities. Inspectors must clear their fines through
the Central Office of the General Inspectorate, which can add months to
the period between an inspection and a fine being issued. Moreover,
only a court can order reinstatement of workers, and the reinstatement
process was unduly long.
Workers exercised the right to form and join unions and bargain
collectively with difficulty, and the government failed to enforce
applicable laws effectively. Unions noted that the length of time the
STSS took to register unions impeded their ability to unionize. Some
unions also alleged that the registry office often informed companies
which workers were attempting to unionize, making it easier for
companies to dismiss these workers before they were granted legal
protection from firing. Unions are independent of the government but
closely aligned with political parties.
Civil servants occasionally engaged in illegal work stoppages
without experiencing reprisals. Teachers continued to hold strikes
throughout the year to protest nonreceipt of back pay as well as
proposed reforms to the public educational system, including changes to
salary and pension benefits. Strikes between March 17 and April 1,
which also involved anticoup protesters, were sometimes violent, and
police used tear gas and water cannons in response to protesters who
threw Molotov cocktails and rocks (see section 2.b.). The government
engaged in a dialogue with a wide range of representatives of the
education sector, including teachers' unions, to rewrite the education
law, which was more than 40 years old.
Some employers either refused to engage in collective bargaining
with unions with impunity or made it very difficult to engage in
bargaining. Some companies also delayed or failed to appoint
representatives for required STSS-led mediation, which in practice
lengthened and impeded the mediation process and right to strike. For
instance, in some cases companies that agreed to bargain held meetings
outside the country so that it was difficult for union members to
attend.
Antiunion discrimination was a serious problem. The three major
union federations and several civil society groups noted that, in cases
where fines for violations were imposed, many companies paid the fine
and continued to violate the law. Employers commonly threatened to
close unionized factories and harassed or dismissed workers seeking to
unionize, including firing leaders soon after unions were formed to
prevent the union from functioning. Failure to reinstate workers was a
serious problem. Employers often ignored (with impunity) court orders
requiring them to reinstate workers fired for engaging in union
activity. However, after being fined 10,000 lempira ($530) and under
pressure from both the STSS and labor unions, in December the mayor of
Choloma rehired 29 municipal employees whom he had fired in 2009
because of their attempt to unionize.
There was credible evidence that apparel assembly factory employers
continued with impunity to blacklist employees seeking to form unions.
Some companies also established employer-controlled unions, thereby
preventing the formation of an independent union because of the
restriction permitting only one union per company. Several companies in
the country's export processing zones instituted solidarity
associations that, to some extent, functioned as company unions for the
purposes of setting wages and negotiating working conditions.
b. Prohibition of Forced or Compulsory Labor.--The law does not
prohibit forced labor. There were anecdotal reports that forced labor
occurred in both agriculture and domestic services.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law regulates child labor, sets the minimum age for employment at 14,
and regulates the hours and type of work that can be performed by
minors up to age 18. Under the law all minors between the ages of 14
and 18 must be granted special permission from the STSS to work. The
STSS is expected to perform a home study to ensure that there is an
economic necessity for the child to work and that the child will not
work outside the country or in hazardous conditions, including offshore
fishing. If permission is granted, children between the ages of 14 and
16 are not allowed to work more than four hours per day. Children
between the ages of 16 and 18 are allowed to work no more than six
hours per day. The law prohibits night work and overtime for minors
under the age of 18. However, the STSS can grant special permission for
minors between the ages of 16 and 18 to work in the evening if it does
not affect their schooling. The labor code requires that employers with
more than 20 school-age children working at their business facility
provide a location for a school. The law provides for between three and
five years in prison for persons violating child labor laws.
The government did not devote adequate resources or inspectors to
monitor compliance with child labor laws. The STSS did not effectively
enforce child labor laws outside the apparel assembly sector, and there
were frequent violations. There was no known change to the practice of
appointing child-labor inspectors only to STSS offices in Tegucigalpa
and San Pedro Sula, which reportedly limited the agency's ability to
investigate allegations of child labor, particularly in rural and other
remote areas.
In practice the vast majority of children who worked did so without
STSS permits, and the government failed to enforce child labor laws
effectively. Children often harvested melons, coffee, and sugarcane;
rummaged at garbage dumps; worked in the forestry, hunting, and fishing
sectors; and worked as deckhands and divers in the lobster industry.
Children worked as domestic servants, peddled goods such as fruit,
begged, washed cars, hauled loads, and labored in limestone and lime
production. Most child labor occurred in rural areas. Children often
worked alongside other family members in agriculture and other sectors,
such as fishing, construction, transportation, and small business.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--On April 11, the STSS announced
the minimum wage for the year, which was retroactive to January 1 and
based on the number of employees and size of the company. Wages ranged
from a low of 3,280 lempiras ($175) per month to a high of 6,592
lempiras ($350). For instance, a company with one to 10 employees
working in agriculture was required to pay at least 4,368 lempiras
($230) per month, while a company with more than 151 employees in the
transportation industry was required to pay at least 6,533 lempiras
($345) per month.
The law applies equally to national and foreign workers and
prescribes a maximum eight-hour shift per day, a 44-hour workweek, and
at least one 24-hour rest period for every six days of work. It
provides for paid national holidays and annual leave. The law requires
overtime payment for hours in excess of the standard, and there are
prohibitions on excessive compulsory overtime. Civil society groups and
unions reported that employers frequently ignored these regulations,
especially in the fast food industry, because the STSS failed to
enforce these requirements effectively.
The STSS is responsible for enforcing national occupational health
and safety laws, but it did not do so consistently or effectively. The
government did not allocate adequate resources for labor inspectors to
perform their duties. The secretariat had 118 inspectors, who conducted
3,736 inspections during the year. The ILO reported that labor law
violations discovered in textile factories during inspections were
typically corrected, although the limited number of inspectors
precluded comprehensive inspections of worksites. Because labor
inspectors were concentrated in Tegucigalpa and San Pedro Sula,
complete labor inspections as well as follow-up visits to confirm
compliance with findings were far less frequent. Many inspectors asked
workers to provide transportation to conduct an inspection, as the STSS
did not have sufficient resources to pay for travel to worksites,
further impeding their ability to enforce labor laws effectively. There
were credible allegations of corruption among labor inspectors,
particularly in the North.
The law does not provide workers the right to leave a dangerous
work situation without jeopardy to their continued employment. Worker
safety standards were enforced poorly, particularly in the
construction, garment assembly, and agriculture sectors.
In practice the minimum wage was rarely paid in the agricultural
sector and seldom paid elsewhere. The STSS estimated that 68 percent of
employers did not comply with the federal minimum wage. The law
prohibits the practice of requiring workers to complete quotas before
being allowed to leave. However, civil society groups reported the
government did not effectively enforce the law. There were credible
allegations of compulsory overtime at apparel assembly factories
(particularly for women, who made up approximately 65 percent of that
sector's workforce), in the private security sector, and among
household workers. Workers were frequently denied benefits, including
vacation pay and 13th- and 14th- month bonuses, and there were reports
that both public and private sector employers failed to pay into the
social security institute funds. In addition, unions and civil society
groups reported that some employers used contract employees to avoid
paying benefits due to full- and part-time employees.
The law does not protect domestic workers effectively. Human rights
organizations continued to report that, in the private security and
household sectors, workers were typically obliged to work more than 60
hours a week but paid for only 44 hours. Civil society organizations
also reported that workers in cleaning services and the fast food
industry were often obliged to work shifts of 12 or more hours. These
household workers often lacked contracts and were paid salaries below
the minimum wage. Since many lived in on-site housing, their work hours
often varied widely based on the will of individual employers. Private
security guards also often worked for salaries below the minimum wage.
Many guards worked every other day on 24-hour shifts, which violated
labor law restrictions regarding maximum number of hours one may work.
There continued to be reports of violations of occupational health
and safety laws, including lack of access to appropriate safety
equipment, and other labor rights violations relating to the
approximately 3,000 lobster divers, many from the Misquito indigenous
and other ethnic minority groups in Gracias a Dios Department. In
contrast with prior years, the STSS conducted 30 inspections of lobster
boats; however, it reportedly found no violations. In addition, the
STSS opened a branch office in Gracias a Dios, a region that previously
had no coverage.
__________
JAMAICA
executive summary
Jamaica is a constitutional parliamentary democracy. On December
29, the opposition Peoples National Party (PNP) won 42 of the 63 seats
in the House of Representatives, and PNP leader Portia Simpson Miller
was sworn in as prime minister on January 5, 2012. The leader of the
defeated Jamaica Labour Party (JLP), Andrew Holness, served as prime
minister after October 23, following the unexpected resignation of
Prime Minister Bruce Golding. International election observers deemed
the elections transparent, free and fair, and without violence. During
the year there were instances in which elements of security forces
acted independently of civilian control.
The most serious human rights problems in the country were alleged
unlawful security force killings, instances where cases involving the
violation of rights were not resolved in a timely way, and poor prison
and jail conditions, including abuse of detainees and prisoners.
Other human rights problems included an overburdened judicial
system and frequent lengthy delays in trials, violence against and
sexual abuse of children, violence and discrimination against women,
trafficking in persons, and violence against persons based on their
suspected or known sexual orientation.
The government took some steps to punish members of the security
forces who committed abuses, but there were other instances where no
arrests or prosecutions occurred, providing impunity for police who
committed crimes.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--While the government
or its agents did not commit politically motivated killings, there were
numerous accounts alleging that the government's security forces or its
agents committed arbitrary or unlawful killings.
For example, on October 31, police killed Michael Grinnion in an
alleged ``shootout'' in his home and reported that they recovered a
loaded pistol. However, Grinnion's family claimed that there was no
sign of a shootout and that Grinnion was killed somewhere else. A
relative said witnesses heard Grinnion pleading for his life before he
was taken away in a police jeep, and also claimed that the body at the
morgue showed signs of bruising and physical abuse. The family urged a
full investigation; no further information was available by year's end.
According to official statistics, there were 236 killings involving
police during the year. Human rights monitors indicated that many
killings by police were unreported, with police meting out the justice
they see as unavailable through the judicial system. In most shooting
incidents, police alleged that the victims were carrying firearms and
opened fire on them. In many cases, however, eyewitness testimony
contradicted the police accounts. In other cases, allegations of
``police murder'' were suspect, because well-armed gangs trafficking in
weapons and narcotics and running lottery scams controlled many inner-
city communities and were often better equipped than the police force.
In October Jamaica Constabulary Force (JCF) Commissioner Owen
Ellington spoke publicly about two deaths in police custody--those of
Ricardo Irons and Keith Mitchell. He said that acceptance of the
explanation given by the JCF would ``amount to dereliction of our duty
of care for the safety and well-being of persons in our custody.''
Investigations into the two deaths continued at year's end.
Violent crime remained a serious concern, and on many occasions the
JCF employed lethal force in apprehending criminal suspects. The JCF's
Bureau of Special Investigations (BSI) and the Independent Commission
(INDECOM) investigated all police killings, and when appropriate,
forwarded cases to the director of public prosecutions (DPP) for
prosecution. However, it usually takes many years to bring police
officers to trial for alleged unlawful killings. For example, on May
30, a jury returned a not guilty verdict for four police officers
charged with murder in the 2007 death of Andre Thomas. On June 16, a
Home Circuit Court judge dismissed the case of the police officers
charged in the 2008 murder of Carlton Grant, the 17-year-old son of
dancehall artist Spragga Benz. On April 13, a Home Circuit Court jury
convicted police officer Vince Edwards of the extrajudicial killing of
Tyrone Powell in 2009. No other police officer accused of human rights
violations has been convicted since 2006.
Other scheduled trials included that of police corporal Malica
Reid, charged with the November 2010 killing of prominent businessman
Frederick ``Mickey'' Hill, which began on October 28 and was
rescheduled for January 2012. The case of Detective Sergeant Lloyd
Kelly, charged with the July 2010 killing of a mentally disturbed man,
was also to go to court in January 2012. The Home Circuit Court
rescheduled the trial of three policemen, Loui Lynch, Paul Edwards, and
Victor Barrett, involved in the 2004 abduction and killing of Kemar
Walters and Oliver Duncan, to April 16, 2012. The Special Coroner Court
was scheduled to consider the 2007 police shooting deaths of Dexter
Hyatt and Tian Wolfe in November but postponed it to a later date.
In May 2010 security forces entered West Kingston after gunmen
loyal to former Tivoli Gardens don Christopher ``Dudus'' Coke set fire
to police stations and barricaded themselves inside the community. At
least 73 civilians and three security force members were killed.
Preliminary forensics reports suggested that some individuals were shot
execution-style. The Public Defender's Office, with the support of
international donors, prepared an official report on the incident, but
had not released it by year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There was no definitive resolution of the disappearance of three
young people, one of whose body later was found in a cemetery grave,
who disappeared during the May 2010 security operations that took place
in West Kingston's Tivoli Gardens.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law prohibits such practices, reports of
physical abuse of prisoners by guards continued, despite efforts by the
government to remove abusive guards and improve procedures.
When prisoners raise allegations of abuse by correctional officers,
the charges are first reviewed by corrections officials, then by an
inspector from the Ministry of National Security, and finally by the
police. Authorities file charges against correctional officers for
abuse if evidence is found to support the allegations. However,
official complaints and investigations were infrequent.
Prison and Detention Center Conditions.--Prisons and detention
centers were severely overcrowded and presented serious threats to life
and health. The U.N. special rapporteur on torture in a 2010 report
called the conditions of detention ``appalling'' and in some cases
``inhumane,'' although it did not find instances of torture. The
government could not protect the physical safety of prisoners. With a
maximum rated capacity of 4,402 inmates, the corrections system
contained approximately 4,000 adult inmates, including at least 200
women. Another 366 juveniles remained in detention in juvenile-only
facilities. However, there was considerable overcrowding, since rated
capacity reflected both high- and low-security facilities, some
capacity was unusable due to staffing shortfalls, and most inmates were
held in high-security facilities. Although the law prohibits the
incarceration of children in adult prisons in most cases, approximately
60 juveniles were held in adult jails. At least 14 prisoners died in
detention during the year.
Detainees were not clearly separated according to their different
stages of criminal procedure. Persons detained without charges,
remandees, and convicted persons were held together in the same
facility and often shared cells.
The government failed to protect the physical safety of prisoners.
For example, on April 4, an inmate plucked out the eye of another
prisoner awaiting transfer from the Port Antonio lock-up to the Tower
Street Adult Correctional Facility. On July 6, Garfield Campbell was
electrocuted as he attempted to open the metal grille door to his cell
at the St. Catherine Adult Correctional Institution in Spanish Town.
The government never clarified how the door became electrified, and no
one was prosecuted for the suspected homicide. Suicide also remained a
problem. Over the course of two weeks in September, prison authorities
at the same institution in Spanish Town failed to prevent two inmates
from hanging themselves with electrical cord.
Overcrowding and poor living conditions remained severe problems.
At the St. Catherine Adult Correctional Institution in Spanish Town,
inmates shared dark, unventilated, and dirty cells. Designed to hold
800 inmates, the facility held 1,200. Constructed to hold 50 detainees,
each cell held an average of 138 detainees. Police officers at the
facility reported that the mentally ill detainees were locked up in the
bathroom of the holding section. Some detainees also were held in the
prison's medical facility.
The Tower Street Adult Correctional Center, located in downtown
Kingston, held approximately 1,500 inmates, exceeding the 800-person
maximum capacity for which the facility was built. Men and women were
incarcerated in separate facilities, although female prisoners
generally were incarcerated under better conditions than their male
counterparts. Cells in some facilities had little natural light,
inadequate artificial light, and poor ventilation. Hunt's Bay lock-up
held prisoners in a cage-like structure open to the elements and the
gazes of passersby. Detainees, crowded in numbers of up to six persons
per cell, mixed with garbage and urine. Potable water generally was
available, but detainees were required to provide their own containers
to carry water.
The women's prison, Fort Augusta, with at least 200 inmates, had no
indoor water supply. Inmates had to obtain water from a central source
in containers they provided themselves. Inmates who did not own a
container could not bathe. Female juveniles also were held at Fort
Augusta.
Conditions at the juvenile lock-ups were poor. Investigations into
the Moneague, Half-Way Tree, Admiral Town, and Glengoffe juvenile
detention facilities revealed that minors reported contracting fungus
from the conditions in the cells and from sleeping on cold concrete.
Juvenile inmates also complained of roaches crawling over them during
the day and at night. Juveniles at the Admiral Town lock-up were let
out of their cells for only five minutes each day to bathe and use the
toilet. At both Admiral Town and Half-Way Tree, the minor inmates were
provided with bottles in which to urinate.
Throughout the system medical care was poor, primarily a result of
having only three full-time doctors and one full-time nurse on staff.
Four part-time psychiatrists cared for at least 225 diagnosed mentally
ill inmates in 12 facilities across the island. Prisoners in need of
dentures and unable to eat the prison food encountered difficulties
gaining access to a dentist. Prison food was poor, and prison
authorities frequently ignored inmates' dietary restrictions.
Nonviolent youth offenders were under the jurisdiction of the
social services agency and generally were sent to unsecured halfway
houses (called ``places of safety'' or ``juvenile remand centers'')
after being removed from their homes. However, because the law does not
clearly define an ``uncontrollable child,'' a large number of minors
were classified as uncontrollable and detained for long periods without
regard to the nature of their offenses.
Although the law prohibits children being held in detention or
lock-up with adults, approximately 60 juveniles remained in two of the
adult facilities. Reports indicated that even in cases when police
attempted to have officers from the social services agency retrieve
minor detainees, the agency failed to do so, thereby forcing the police
to comingle them with adults. Officers handling juvenile detainees were
trained in child psychology, behavioral modification techniques, child-
management strategies, and national and international human rights
laws.
Reports of physical abuse of prisoners by guards continued, despite
efforts by the government to remove abusive guards and improve
procedures. INDECOM received eight reports of abuse by prison
officials, none of which had been resolved at year's end.
Although prisoners were able to make complaints to the Public
Defender's Office without censorship, and representatives were mostly
able to enter the detention centers and interview prisoners without
hindrance, official complaints and investigations were infrequent.
The government allowed private groups, voluntary and religious
organizations, local and international human rights organizations, and
the media to visit prisons and monitor prison conditions, and such
visits took place during the year.
The Office of the Children's Advocate again made a number of
recommendations to Parliament, including a request that the law be
revised to limit to 90 days the amount of time children spend in lock-
up. Parliament, however, did not address the issue.
The government similarly took no tangible actions to address the
U.N. Special Rapporteur's findings that officers at the Hunt's Bay
Police Station were ``very obstructive, uncooperative, aggressive, and
openly threatened his team during their visit.'' However, reacting to
what she deemed ``terrible conditions'' in the prisons, the chief
justice instructed all resident magistrates to conduct regular visits
of police lock-ups and to forward their observations to her office in
writing. She counseled the magistrates to remind police of detainees'
rights to due process.
The Department of Corrections opened the Metcalf Juvenile Remand
Center in Kingston in July. The facility is designed to house a maximum
of 208 male juveniles from ages 12 to 17. It is a pretrial facility,
and the number of detainees varied daily. A typical number of people
housed at the facility was 131 boys with an additional 50 men separated
from the youth. Metcalf was built to international standards, with
adequate space and a state-of-the-art fire escape and suppression
system. There is a classroom and one-on-one instruction at the Metcalf
facility. Female juveniles were still housed at St. Augustus, although
a facility for remanded girls similar to Metcalf was set for
construction in Stony Hill. The commissioner of corrections was
addressing the need to provide education for minors, which is
technically compulsory until age 16.
d. Arbitrary Arrest or Detention.--The law permits the arrest of
persons ``reasonably suspected'' of having committed a crime. While the
law prohibits arbitrary arrest, security forces performed ``cordon and
search'' operations and enforced curfews, during which they detained
persons and took them into custody. A new anticrime bill passed during
the year extended the time the security forces can legally hold persons
from 48 to 72 hours before charging or releasing them. However, police
sometimes reportedly held individuals for as long as five weeks.
Role of the Police and Security Apparatus.--The JCF has primary
responsibility for internal security and is assisted by the Island
Special Constabulary Force. The Jamaica Defence Force (JDF) is charged
with national defense, maritime narcotics interdiction, and JCF
support. The JDF routinely conducted joint patrols and checkpoints in
conjunction with the JCF. As the minister of defense, and outside of a
state of emergency, the prime minister is the approval authority for
all JDF operations in support of the JCF. The Ministry of National
Security exercises the prime minister's authority for oversight of the
JCF and JDF. The JCF is headed by a commissioner who delegates
authority through the ranks to constables. The force maintains
divisions focusing on community policing, special response,
intelligence gathering, and internal affairs.
In August 2010 the government created INDECOM to investigate
actions by members of the security forces and other agents of the state
that result in death or injury to persons or the abuse of the rights of
persons. INDECOM gradually was replacing the JCF's BSI as the main
investigator of incidents involving fatal shootings by police. The BSI
and INDECOM conducted administrative and criminal investigations into
all incidents involving fatal shootings by police. The BSI, unable to
keep up with its caseload, had a backlog of 841 cases with
approximately 37 full-time and nine part-time investigating officers.
During the year the BSI completed 308 investigations and forwarded 88
cases to the DPP.
INDECOM received 236 reports of fatal shootings by police officers,
completed 92 investigations, and sent two to the DPP for further
prosecution. INDECOM opened 724 cases for investigation and had a
backlog of 632 cases at year's end. INDECOM cited lack of resources to
perform forensic analysis and identification of security personnel
involved in incidents as major obstacles faced in its investigations of
police killings. Rulings from the DPP on cases involving security
forces were issued on average 27 months after the final submission of
files from the BSI or INDECOM. At year's end INDECOM awaited rulings
from the DPP on 40 cases. INDECOM also expressed concern that agents of
the state concealed their identities in interaction with the public,
including incidents of killings by security forces. A report released
in August discussed how this anonymity contributes to the lack of
accountability.
According to JCF records, 146 police officers, or 40 percent of the
362 officers who took voluntary lie-detector tests during the year, did
not pass or complete the test. The assistant police commissioner did
not say whether the officers who failed would be disciplined in any
way. However, during the year officials retired two officers and denied
reenlistment to 72 officers for corruption or ethics reasons. In
addition authorities dismissed 11 officers for corruption, charged 39
other officers with corruption, and charged 19 citizens with corrupting
JCF staff.
Authorities reported that at least 16 policemen charged with
crimes, including at least five responsible for fatal shootings, had
fled the country and were living abroad. Jamaicans for Justice, a human
rights nongovernmental organization (NGO), alleged that since it takes
the DPP so long to hand down a ruling that police personnel should be
charged with a crime, there was possible collusion between the accused
policemen and their colleagues, allowing accused officers to escape.
For example, in September Mark St. Aubyn Russell was ordered extradited
for the 2007 murder of 18-year-old Ravin Thompson. The DPP did not
charge Russell with murder until 2009, after he had fled the country.
The JCF continued a community policing initiative to address the
long-standing antipathy between the security forces and many poor
inner-city neighborhoods. Through the Community Safety and Security
Branch, during the year the JCF conducted targeted training of 5,609
officers, 778 of whom were deployed in 360 communities island-wide. The
branch trained community safety officers and assigned JCF personnel to
targeted schools as resource officers to stem school violence. These
officers also served as liaisons between the students, faculty,
parents, and police. The government bolstered these efforts through
public education and by nominating deputy divisional commanders with
responsibility to introduce community policing to all the communities
within their division. All JCF officers were required to take a
``graduated response'' before the use of lethal force when possible.
Officers were also required to take an annual refresher course on the
use of nonlethal equipment.
Arrest Procedures and Treatment While in Detention.--Arrests
normally require warrants signed by a police officer of the rank of
station sergeant or higher; however, arrests may be made without
warrants. Police often used the warrant as the first step in an
investigation to search for evidence. The law requires detained
suspects to be charged or released within 72 hours of arrest, unless a
justice of the peace or a resident magistrate grants a special waiver.
If a detainee requests access to counsel, the law requires police
to contact duty counsel (a private attorney who volunteers to represent
detainees at police stations and until cases go to trial) under the
Legal Aid Program; however, authorities continued to wait until after
detainees had been identified in a lineup before contacting duty
counsel for them. There was a functioning bail system, and detainees
were provided with prompt access to family members. A constitutional
amendment passed during the year ensures legal assistance if someone
does not have sufficient means to pay for legal representation and
provides that a civil organization may initiate an application on
behalf of a detainee or a mentally ill person.
Although the law requires police to present a detainee in court
within a reasonable time period, in practice authorities sometimes
remanded suspects for psychiatric evaluation, some for as long as three
years when their cases were ``lost in the system.'' Magistrates were
required to inquire at least once a week into the welfare of each
person listed by the JCF as detained, but few did so in practice,
especially in the busy Kingston/St. Andrew corporate area.
e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, the judicial system relied entirely on the
Ministry of Justice for all resources.
Trials in many cases were delayed for years, and other cases were
dismissed because files could not be located or had been destroyed.
Some trials suffered as a result of antiquated rules of evidence as
well as from lack of equipment for collecting and storing evidence. For
example, drug evidence collected in an arrest had to be stored in its
entirety; samples or photographs were not acceptable. Storage
facilities were inadequate and understaffed, and evidence went missing,
deteriorated in the warehouse, or could not be located when needed. In
October the justice minister stated that endemic corruption in the
legal system resulted in long delays in investigations and in cases
coming to trial.
The resident magistrate's courts, which handle more than 90 percent
of the cases in the court system, continued operation of a night court
to reduce the backlog of cases. The Supreme Court used mediation
through the Dispute Resolution Foundation as an alternative to
traditional trials. This alleviated some of the civil case backlog in
that court. The resident magistrate's courts also used alternative
dispute resolution in limited cases.
Some criminal trials were dismissed because witnesses failed to
come forward as a result of threats, intimidation, or murder. Some of
those who came forward qualified for the witness protection program,
but many either refused protection or violated the conditions of the
program. According to the JCF, no participant in the witness protection
program who abided by the rules of the program was ever killed.
Trial Procedures.--Most trials are public and adjudicated by a lone
judge. More serious criminal offenses are tried with juries in circuit
court and at the Supreme Court level. There was a persistent problem
seating jurors for cases, which contributed to the extensive judicial
backlog. Some citizens were reluctant to serve as jurors for fear of
retribution.
The constitution provides that defendants are presumed innocent and
have the right to counsel and to confront witnesses against them. Legal
Aid attorneys were available to defend the indigent, except those
charged with certain offenses under the Money Laundering Act or
Dangerous Drugs Act and in the case of offenses in which the defendant
is not liable to incarceration. The Office of the Public Defender (OPD)
may bring cases on behalf of persons who claim to have had their
constitutional rights violated, but the OPD cannot appear in court on
their behalf. Although the OPD contracted with private attorneys to
represent indigent clients, funds were insufficient to meet demand, and
such attorneys sometimes requested payment from clients.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial civil judiciary process. Complainants may bring human
rights abuse cases for civil remediation to the courts, but awards can
be difficult to collect. The government is required to undertake
pretrial negotiations or mediation in an attempt to settle out of
court, but the government often did not do so. When there were
settlements, whether in or out of court, the government often lacked
the funds to pay, resulting in a backlog of awards.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution prohibits such actions, the
Constabulary Force Act gives security personnel broad powers of search
and seizure. This act allows search without a warrant of a person on
board or disembarking from a vehicle, ship, or boat if a police officer
has good reason to be suspicious. In practice the police conducted
searches without warrants.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of 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, generally effective judicial protection, and a
functioning democratic political system combined to ensure freedom of
speech and of the press. The independent media were active and
expressed a wide variety of views without restriction. Broadcast media
were largely state owned but open to pluralistic points of view.
Libel Laws/National Security.--The Press Association of Jamaica
(PAJ) continued to advocate reforms to defamation and libel laws. In
her 2010 annual report, the special rapporteur for freedom of
expression of the Organization of American States (OAS) also called for
changes to the libel laws, noting that Jamaica has ratified the
American Convention on Human Rights but has not upheld elements of the
convention that prohibit criminal libel and require public officials to
demonstrate actual malice to prove defamation. Although the government
was reviewing these laws, the PAJ criticized the slow speed and extent
of this review process. According to the PAJ, officials used existing
laws to prevent critical information from reaching the public. A PAJ
representative said that the threat of libel or slander prosecutions
forces journalists to ensure that they have hard evidence in hand
before they can take controversial matters to the public sphere, noting
that a corrupt environment might make such evidence difficult if not
impossible to obtain. The PAJ also advocated repealing the Official
Secrets Act, asserting that it ``runs counter to the Access to
Information Act.'' Parliament enacted ``whistle-blower'' legislation to
help the media expose corruption.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom.
With respect to cultural events, the Jamaica Broadcasting
Commission sought to regulate and limit the dissemination of certain
popular music deemed inconsistent with public morality. The commission
banned certain lyrics deemed inappropriate to broadcast, including
dancehall songs referring to the simulation of aggressive or violent
sex, and employed editing methods to expunge lyrics thought unfit for
broadcast. The commission stated that its directive was aimed at ``all
types of musical broadcast output, including soca music and carnival
music."
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.--See the Department of State's
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 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 prepared to cooperate with the Office of the
U.N. High Commissioner for Refugees and other humanitarian
organizations in assisting refugees and asylum seekers, should such
cases arise.
Protection of Refugees.--Access to Asylum.--The government has
established a system for processing and providing protection to
refugees. In practice the government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened, and it handled refugee or asylum cases
administratively.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--Recent Elections.--In
general elections held on December 29, the opposition PNP won 42 of the
63 seats in the House of Representatives, and PNP leader Portia Simpson
Miller was to be sworn in as prime minister on January 5, 2012. Simpson
Miller, who also served as prime minister in 2006-07, defeated the JLP
led by Prime Minister Andrew Holness. International election observers
from the Caribbean Community and the OAS deemed the elections
transparent, free and fair, and without violence. A local organization,
Citizen Action for Free and Fair Elections, also provided volunteer
election observers, as it did in every election since 1998. In a
preliminary assessment, the OAS cited adherence to agreements
negotiated by the country's Electoral Office between the parties on
media, advertising protocols, and campaigning rules as important
elements that helped strengthen the democratic process. The OAS
recommendations included ensuring adequate space to guarantee voter
privacy, clarifying the duties of political liaison officers, providing
copies of the voters' lists at polling stations, and improving signage
at the entrance to polling stations.
All citizens age 18 and over have the right to vote by secret
ballot. The relative lack of violence and intimidation in the December
elections was notable, especially because in past elections voters
living in ``garrison communities,'' inner-city areas dominated by one
of the two major political parties, often faced substantial influence
and pressure from politically connected gangs and young men helping one
political party by intimidating supporters of the opposing political
party. Unlike in the past, however, civil society activism and pressure
from the private sector, churches, and civic watchdogs made it
difficult for either party to continue past practices of intimidation,
lack of transparency, and back-room deals.
Participation by Women and Minorities.--On December 29, voters
elected eight women to the new Parliament, including three of the JLP's
13 female candidates and five of the six PNP nominees, including the
party leader and candidate for prime minister. During the year there
were eight female members in the 60-seat House of Representatives and
three women appointed to the 21-seat Senate. One of the 16 cabinet
ministers was a woman. A woman was elected speaker of the house on July
12, the second woman in the country's history to hold the position.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively. The Office of the
Contractor General's (OCG) 2010 annual report stated that the OCG
concluded 10 special investigations into a number of public sector
procurement and contract award issues. The OCG reported nine to
Parliament and referred six investigations to the DPP, attorney
general, and other agencies, but no criminal charges had been levied at
the time of the report. The OCG reported a consistent pattern with
abuses related to conflicts of interest, breaches of duty on the part
of accounting and accountable officers, breaches of duty on the part of
boards of directors, and a seeming disregard for the applicable laws
and regulations. The OCG also reported challenges to its statutory
authority and credibility. The report noted that many of its
recommendations had been repeated multiple times with few results. The
report also stated that unless ``powerful sanctions are promulgated for
criminal breaches,'' and unless transgressions are investigated and
prosecuted, ``public officers and their private sector coconspirators
will obviously continue to pay scant regard to due observance of the
laws to the certain detriment of the public purse, the people, and
taxpayers of Jamaica."
The JCF Anti-Corruption Branch (ACB), headed by a British police
officer hired as assistant commissioner of police, has responsibility
for addressing corruption in the force, and some improvements were
noted, such as a public awareness campaign including a 1-800-CORRUPT
initiative and advertising. Police personnel are required to sign five-
year contracts with renewal contingent upon good conduct. While it is
rare that police personnel are charged or convicted, they can be barred
from reenlisting whenever there is information that they are not
efficient or effective in carrying out their duty with integrity.
Between January and December, the ACB arrested 64 police personnel and
charged 40 of them. Authorities did not permit 70 police officers to
reenlist and dismissed nine police officers for corruption. However,
suspicions of corruption and impunity within the force remained,
despite a notable increase in the number of arrests of officers for
corruption.
On July 2, the ACB caught a police inspector with three cardboard
boxes and a knapsack filled with compressed marijuana with an estimated
weight of over 150 pounds in the trunk of his vehicle.
The Commission of Enquiry formed by the government to probe the
government's handling of an extradition request for alleged drug lord
Christopher ``Dudus'' Coke failed to find any official misconduct by
the prime minister or his government. While the commission looked into
charges that the government hired a foreign lobbying firm, possibly to
derail the extradition request, the commission was not tasked to
investigate other aspects of the Tivoli Gardens operation.
The Corruption Prevention Act requires many government officials to
file financial declarations; however, reports indicated that more than
5,000 civil servants failed to file or filed late or incomplete
financial declarations required under the act. The DPP has the
authority to identify noncompliant officials and send their cases to
the Magistrate's Office, but the government did not levy any fines on
officials during the year. The Ministry of Justice and the Attorney
General's Office have overall responsibility to combat official
corruption, but various other ministries are responsible for their own
investigations. The OCG can investigate but not prosecute official
corruption involving government contracts.
Despite provisions in the Access to Information Act to promote
transparency, media accounts indicated that access to information was
sometimes categorically denied. The act contains no sanctions or
penalties to discourage lack of response to applications.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups and
other international bodies generally operated without government
restriction, investigating and publishing their findings on human
rights cases. Government officials often were cooperative and
responsive to their views.
U.N. and Other International Bodies.--The government cooperated
with a number of domestic NGOs, including Jamaicans for Justice, to
present its report to the Universal Periodic Review by the U.N. Human
Rights Council in October.
Government Human Rights Bodies.--The Public Defender's Office
provides services on behalf of those who charged that their
constitutional rights were violated. The office contracted private
attorneys to bring suits against the government on behalf of private
citizens.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
In March the Charter of Rights amended the constitution to
strengthen fundamental rights and freedoms. The law prohibits
discrimination based on race, gender, place of origin, political
opinion, color, or creed. The government generally enforced these
prohibitions in practice, although there continued to be widespread
discrimination on the basis of political opinion in the distribution of
scarce governmental benefits, including employment, particularly in the
garrison communities.
Women.--Rape and Domestic Violence.--Rape is illegal and carries a
maximum penalty of 25 years' imprisonment. The 2009 Sexual Offenses Act
criminalizes spousal rape, but only in certain circumstances, namely
when the parties have separated or when proceedings to dissolve the
marriage or have it annulled have begun, when the husband is under a
court order not to molest or cohabit with his wife, or when the husband
knows he suffers from a sexually transmitted infection. Human rights
groups continued to advocate for a more comprehensive law on spousal
rape. The authorities reported 738 rapes and 637 cases of carnal abuse
of women and girls, compared with 668 rapes and 531 cases of carnal
abuse in 2010. The Bureau of Women's Affairs (BWA) believed that the
true incidence was significantly higher than these statistics
indicated, given the problem of underreporting, due to fear of stigma,
retribution, or further violence. The JCF Center for Investigation of
Sexual Offenses and Child Abuse, which was headed by a female deputy
superintendent, handled sex crimes.
Social and cultural norms perpetuated violence against women,
including spousal abuse. The law prohibits domestic violence and
provides remedies including restraining orders and other noncustodial
sentencing. Breaching a restraining order is punishable by a fine of up
to J$10,000 (approximately $123) and six months' imprisonment. The NGO
Woman Inc. reported that women frequently complained that police failed
to treat domestic violence as a crime and take the necessary reports.
The JCF instituted a domestic abuse sensitivity training program for
police officers in downtown Kingston. The BWA developed a draft
National Plan of Action on Violence against Women and Gender-Based
Violence, which aims to provide a comprehensive strategy guiding the
government's response to the problem. NGOs meanwhile expressed concerns
that in the short term there was insufficient funding for police
investigations of gender-based violence and for counseling and shelter
for victims. Woman Inc., with a small subsidy from the government,
operated the only shelter for battered women in the country.
Sexual Harassment.--There is no legislation that addresses sexual
harassment and no legal remedy for victims of sexual harassment. The
BWA carried out workshops to sensitize public sector workers to the
issue of sexual harassment. NGOs have advocated for legislation on
sexual harassment since the early 1990s and continued to advocate for
the immediate drafting and enactment of such legislation.
Reproductive Rights.--Couples and individuals have 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 were
widely available. However, essential obstetric and postpartum care was
often lacking. The U.N. Population Fund reported a modern contraceptive
prevalence rate of 66 percent and a maternal mortality rate of 89
deaths per 100,000 live births.
Discrimination.--Women sought jobs and served in almost every
occupation in both the public and private sectors. Although the law
accords women full legal equality, including equal pay for equal work,
in practice women suffered from discrimination in the workplace and
often earned less than their male counterparts. Domestic workers were
particularly vulnerable to workplace discrimination and sexual
harassment. Women's rights activists also expressed concern about the
continued underrepresentation of women in politics: women comprised
less than 15 percent of the Parliament and Senate. In March the cabinet
approved a National Policy for Gender Equality aimed at providing equal
opportunities for men and women in social, political, and economic
life. This policy establishes Gender Focal Points in each of the
ministries, which are committees charged with developing, implementing,
and monitoring gender-sensitive policies and programming.
There was an active community of women's rights groups, which
focused on the protection of victims of sexual abuse, participation of
women in the political process, and legislative reforms affecting
women.
Children.--Birth Registration.--Every person born in the country
after August 5, 1962, is entitled to citizenship. Persons born or
adopted outside the country to one or more Jamaican parents can claim
citizenship, and those married to Jamaican spouses may also claim
citizenship. There is universal birth registration, either in the
hospital at the time of birth or at a local registrar's office if the
child is not born in a hospital.
Child Abuse.--While there was no societal pattern of abuse of
children, child abuse, including sexual abuse, was substantial and
widespread. The Office of Children's Registry (OCR) receives, records,
and stores data relating to the mistreatment and abuse of children. The
law requires anyone who knows of or suspects a child is being abused to
make a report to the OCR, with a penalty of up to J$500,000 ($6,130)
for failure to do so. The OCR received approximately 7,000 reports of
child abuse, compared with 6,330 cases reported in 2010. The number of
child abuse reports increased by more than 1,000 percent since the
registry was established in 2007, when it received 455 reports. The OCR
credited the growth to an increase in awareness among Jamaicans.
Under the Child Care and Protection Act, the Child Development
Authority (CDA) in the Ministry of Health is responsible for
implementation of the government's programs to prevent child abuse.
According to the CDA, sexual assault was the most common reason for
children to be taken to hospitals, with children under age 10
accounting for 17 percent of all sexual assault cases and children
between the ages of 10 and 19 accounting for 57 percent. According to
the 2008 Reproductive Health Survey (the most recent one conducted),
almost half of young women reported that they had been pressured or
forced into sexual intercourse at the time of their first sexual
experience. NGOs reported that inner-city gang leaders and sometimes
even fathers initiated sex with young girls as a ``right.'' There were
637 cases of carnal abuse reported to the JCF, compared with 538 cases
reported in 2010.
The Office of the Children's Advocate (OCA) has broad
responsibilities for reviewing laws, policies, practices, and
government services affecting children, as well as providing legal
services to protect the best interests of children. In February the OCA
launched a Web site to provide information on children's rights. The
site also includes downloadable forms so that persons can lodge
complaints electronically or by fax. The OCA reported it received more
than 400 complaints during the year, conducted some preliminary
investigations, and referred other cases to appropriate government
institutions.
Sexual Exploitation of Children.--The law prohibits statutory rape,
defined as sexual relations with a person less than 16 years old, the
minimum age for consensual sex. Sexual relations by an adult with a
child between the ages of 12 and 16 are a misdemeanor punishable by not
more than seven years in prison; if the victim is under 12, it is a
felony punishable by up to life imprisonment. The 2009 Sexual Offences
Act included the establishment of a Sex Offenders Registry. The law
criminalizes the commercial sexual exploitation of children and applies
to the protection, possession, importation, exportation, and
distribution of child pornography. It carries a maximum penalty of 20
years' imprisonment and a fine of J$500,000 ($6,130).
Sex Tourism.--Child prostitution and sex tourism were problems,
especially in tourist areas. In 2010 authorities uncovered a
prostitution ring in Kingston involving an undisclosed number of
minors.
International Child Abduction.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction. For country-specific information, see http://
travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--There was a small practicing Jewish congregation in
the country. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--There are no laws prohibiting
discrimination against persons with disabilities or mandating
accessibility for persons with disabilities. Although the government
ratified the U.N. Convention on the Rights of Persons with Disabilities
in 2007, there were no reports of actions taken to implement the
provisions of the convention. Persons with disabilities encountered
discrimination in employment and denial of access to schools.
Discrimination in access to education was particularly pronounced at
the primary level. Fewer problems were reported in secondary schools,
and tertiary institutions, including community colleges, were
increasingly drafting policies ensuring full inclusion of persons with
disabilities. Health care reportedly was universally available.
Prior to the December elections, Human Rights Watch pointed out
that many polling stations were inaccessible to persons with
disabilities, but the government responded that it would be impractical
to make changes to ensure accessibility so close to the elections.
Nonetheless, election officials made efforts to accommodate voters with
accessibility issues, by recruiting other voters to carry a wheelchair
up a flight of steps or moving and carrying the prefabricated cardboard
voting booth to the voter. After the December elections, both houses of
Parliament announced plans to provide the oath of allegiance in Braille
to accommodate visually impaired persons.
The Ministry of Labor has responsibility for the Jamaica Council
for Persons with Disabilities, which had a budget of 54 million
($661,770) in 2010-11. The council distributes economic empowerment
grants of up to J$50,000 ($613) to persons with disabilities to help
them embark on small entrepreneurial ventures, such as vending or
furniture making, or to provide them with assistive aids, such as
prosthetics or hearing aids. Smaller rehabilitation grants of up to
J$15,000 ($185) are available for similar purposes. The Ministry of
Labor also has responsibility for the Early Stimulation Project, an
education program for children with disabilities, as well as the
Abilities Foundation, a vocational program for older persons with
disabilities.
National/Racial/Ethnic Minorities.Maroons, descendants of slaves
who escaped to the mountainous interior in the 17th and 18th centuries,
considered themselves a group apart and maintained some African
traditions distinct from those of the larger society. There were major
infrastructural needs that the Maroons believed the central government
neglected. Formal education was not available in Maroon communities
beyond the junior high school level, and unemployment rates were high.
Many young Maroons left the region for employment elsewhere; this
migration and the influx of popular island-wide culture threatened the
communities' culture.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits ``acts of
gross indecency'' (generally interpreted as any kind of physical
intimacy) between persons of the same sex, in public or in private,
which are punishable by 10 years in prison. There is also an
``antibuggery'' law that prohibits consensual same-sex sexual conduct
between men, but it was not widely enforced. Homophobia was widespread
in the country, and through the songs and the behavior of some
musicians, the country's dancehall culture helped perpetuate
homophobia.
The Jamaica Forum for Lesbians, All Sexuals, and Gays (J-FLAG)
continued to report serious human rights abuses, including assault with
deadly weapons, ``corrective rape'' of women accused of being lesbians,
arbitrary detention, mob attacks, stabbings, harassment of gay and
lesbian patients by hospital and prison staff, and targeted shootings
of such persons. Police often did not investigate such incidents.
During the year J-FLAG received 84 reports of sexually motivated
harassment or abuse, which included 71 cases of attempted or actual
assault, including at least two killings, and 21 reports of
displacements. Members of the police force reportedly were the
perpetrators in 12 cases. J-FLAG data showed that young people, ages 18
to 29, continued to bear the brunt of violence based on sexual
orientation. This violence created a climate of fear that prompted many
gay persons to emigrate, while the gross indecency laws left those who
remained vulnerable to extortion from neighbors who threatened to
report them to the police unless they were paid off.
In July a high-level police official asserted that gay men were
mainly responsible for lottery scams that defrauded many citizens,
including many persons living abroad. The police commissioner promptly
denounced the statement, notable because disapproval of homophobia by a
public official was very rare.
In September the group AIDS-Free World filed an anonymous petition
for two gay Jamaican men challenging Jamaica's antibuggery law at the
Inter-American Commission on Human Rights. The petition claims that the
law effectively criminalizes gay men and their sexual orientation and
gives license to public officials and private individuals alike to
commit violence and abuse against lesbian, gay, bisexual, and
transgender (LGBT) community members.
A number of high-profile events led to more public discourse on the
issues of sexual orientation and gender identity, but this did not
result in a change in conditions in society. In August J-FLAG released
a public service announcement encouraging families to embrace LGBT
family members. The announcement featured former Miss Jamaica World and
Miss Jamaica Universe and her gay brother. J-FLAG wanted the
announcement to appear on national television, but Television Jamaica
refused, reportedly due to criticism from church leaders.
In a December debate leading up to the national elections, then PNP
leader Portia Simpson Miller said that she would appoint cabinet
ministers based on ability and that sexual orientation would not be a
factor, in contrast to former prime minister Golding's statement that
he would not appoint a ``homosexual'' to his cabinet. She also said
that she would permit parliament to reexamine the antibuggery law and
free members of her party to vote their conscience on this issue. After
Simpson Miller's statements became a campaign issue, some candidates
and a local newspaper produced anti-LGBT campaign rhetoric and
material.
The trial of six suspects arrested for the 2005 robbery and murder
of prominent gay rights advocate Lenford ``Steve'' Harvey, initially
begun and then postponed in 2007, had not resumed by year's end.
Male inmates deemed by prison wardens to be gay were held in a
separate facility for their protection. The method used for determining
their sexual orientation was subjective and not regulated by the prison
system, although inmates were said to confirm their sexual orientation
for their own safety. There were numerous reports of violence against
gay inmates, perpetrated by the wardens and by other inmates, but few
inmates sought recourse through the prison system.
Gay men were hesitant to report incidents against them because of
fear for their physical well-being. Human rights NGOs and government
entities agreed that brutality against such persons, primarily by
private citizens, was widespread in the community.
Other Societal Violence or Discrimination.--Mob killings continued
to be a problem and often went unpunished. For example, on March 8,
Roja Martin, Roshane Brown, and a third man attempted to steal a bus in
the community of Patty Hill, Hanover. Residents blocked the road
exiting the community, forcing the men to stop. The three men allegedly
attacked the crowd with knives and a gun before trying to run away. The
crowd caught Martin and Brown and beat them to death. The third man
escaped in a car.
No laws protect persons with HIV/AIDS from discrimination. Human
rights NGOs reported severe stigma and discrimination against this
group. The International Labor Organization (ILO) worked with the
Ministry of Labor on a program to reduce the stigma of HIV/AIDS in the
workplace and to assist employers in designing policies for workers
with HIV/AIDS. Health-care facilities were prepared to handle patients
with HIV/AIDS, but health-care workers often neglected such patients.
The Ministry of Labor, in conjunction with the ILO and the Ministry of
Health, conducted workplace education programs on HIV/AIDS issues. Laws
banning same-sex sexual activity and societal attitudes prevented
distribution of condoms in prisons and similar institutions.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to form or join unions and to bargain
collectively, but it neither authorizes nor prohibits the right to
strike. The law allows for union activity, prohibits antiunion
discrimination, and provides for the Industrial Disputes Tribunal (IDT)
to reinstate a worker if a dismissal is deemed unjustifiable. The law
permits unions to conduct their activities without interference and
states that workers are entitled to reasonable time off to conduct
union activities.
Striking workers could interrupt work without criminal liability
but could not be assured of keeping their jobs. Workers in 10
categories of ``essential services'' must first take disputes to the
Ministry of Labor before they can legally strike. The ILO repeatedly
criticized the government for its broad definition of these 10
categories.
Collective bargaining is denied to a bargaining unit if no single
union represents at least 40 percent of the workers in the unit or when
the union seeking recognition does not obtain support from 50 percent
of the workers (whether or not they are affiliated with the union).
All persons categorized as workers are entitled to protection under
the law, including migrants and those working in special trade zones.
Contract workers, however, are denied certain statutory provisions,
such as redundancy benefits.
The independent IDT hears cases when management and labor fail to
reach agreement, including those involving nonunionized workers. Cases
not resolved by the tribunal pass to the civil courts. The tribunal
received 37 cases during the year, compared with 23 cases in 2010.
While cases are to be resolved within 21 days, most cases were decided
within four to five months. Some took longer to resolve due to the
complexity of the dispute or delays requested by involved parties.
Awards can be appealed to the Supreme Court. There is no authority to
enforce the IDT decisions.
Although freedom of association and the right to collective
bargaining were generally respected in practice, workers faced some
challenges during the year. Worker organizations were independent of
the government and political parties. Employers generally respected the
law prohibiting antiunion discrimination. However, some labor unions
reported that private sector workers were increasingly fearful of
management retaliation against unionization as the job market
contracted. While union organizers and members were entitled to full
legal protections that were enforced effectively, both management and
workers were often unaware of their rights and obligations.
It was not uncommon for private sector employers to lay off union
workers and rehire them as contractors, a practice unions did not
oppose so long as labor and management agreed.
There were no reports of any workers losing their jobs due to
strike action during the year. Nurses and other public sector workers--
although taking their disputes to the Ministry of Labor as required--
circumvented the ministry's permission to strike by holding ``sick
outs'' during the year.
b. Prohibition of Forced or Compulsory Labor.--The antitrafficking
law prohibits forced labor, but there are otherwise no specific laws
prohibiting all forms of forced or compulsory labor. However, the
country has ratified relevant ILO conventions, which carries a legal
obligation to apply their provisions. The government responded to
complaints but did not take additional actions to enforce the ILO
conventions. While some cases of coerced employment of suspected
trafficking victims were being treated in the court system, the JCF was
lax in investigating and identifying victims of trafficking that could
potentially be prosecuted. There were reports of girls in rural areas
recruited for domestic labor and then forced into servitude. In four
instances authorities removed the individuals and provided them housing
while court cases were pending. A national task force broadened its
interministerial and public outreach to sensitize citizens to forced
labor.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace and stipulates
that every citizen has a duty to report child abuse. The minimum age
for employment is 15 years, and the law prohibits the employment of
children under age 13 in any type of work. Children between ages 13 and
15 are permitted to engage in ``light work,'' as defined by the
Ministry of Labor, which will not disrupt their education or be harmful
to their health. Children are not to work more than four hours in a
day. The law prohibits hazardous work for all children under 18.
Although the country signed the ILO convention to abolish child
labor, the government did not effectively enforce it. The Ministry of
Labor's Child Labor Unit (CLU) was responsible for monitoring and
controlling child labor, and the ministry assisted the Office of Health
and Safety in child labor enforcement efforts. The ministry employed
approximately 25 inspectors to monitor all violations in workplaces,
and the CLU received reports from the public. If the CLU determines
that it is appropriate, it forwards reports of child labor violations
to the CDA for enforcement. The JCF handles cases of the worst forms of
child labor, including trafficking and sexual exploitation. The CDA is
responsible for carrying out investigations of abuse, but resources to
investigate exploitive child labor were insufficient.
There were no confirmed cases of child labor violations during the
year. However, the Factory Act's limited definition of a workplace
placed constraints on the purview of the ministry's inspectors. The
Ministry of Labor also made efforts to establish stronger sanctions
against guardians and parents involved in child labor activities. The
government established the Tackle Child Labor through Education program
to help build mechanisms to implement policies and enforce laws and
regulations against child labor.
The ILO estimated that more than 26,000 children worked as vendors,
agricultural and commercial laborers, domestic helpers, and
prostitutes, among other forms of engagement. The government does not
track the number of children involved in child labor. Children under
the age of 12 peddled goods and services, begged on city streets, and
worked on plantations, farms, and construction sites, as well as in
gardens, shops, and markets. Reports also indicated that children
worked in garbage dumps, collecting scrap metal. Children were also
engaged in commercial sexual exploitation.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage was J$4,500
($55.15) per week for all workers. In practice some minimum-wage
earners worked two or more jobs, but most workers were paid more than
the legal minimum. There were, however, some reports of domestic
workers receiving less than the minimum wage.
The law provides for a standard 40-hour workweek and mandates at
least one day of rest per week. Work in excess of 40 hours per week or
eight hours per day must be compensated at overtime rates, a provision
that was generally respected. The law also provides for paid annual
holidays. The law does not prohibit excessive compulsory overtime. Some
employees, notably security guards, were regularly required to work 12-
hour shifts without overtime compensation.
The Ministry of Labor's Industrial Safety Division sets industrial
health and safety standards. The law provides workers with the right to
remove themselves from dangerous work situations without jeopardy to
their continued employment if they are trade union members or covered
by the Factories Act. The law covers any premises in which 10 or more
persons are engaged in manual labor, whether they belong to a union or
not. The law does not specifically protect other categories of workers
in those circumstances.
The Ministry of Labor administered and is responsible for enforcing
the minimum wage. The Industrial Safety Division enforces industrial
health and safety standards, mainly through factory inspections.
Insufficient staffing in the Ministries of Labor, Finance, National
Security, and Public Service contributed to difficulties in enforcing
workplace regulations in both the formal and informal sectors. The
safety division conducted inspections, investigated accidents, warned
violators, and gave them a time period in which to correct the
violation. If the violation was not corrected within that time, the
violator was taken to court.
There were 151 workplace accidents reported to the Ministry of
Labor, compared with 168 in 2010. Of these reports, 89 qualified for
investigation and 64 were investigated. There were three reported
workplace deaths, compared with four in 2010.
__________
MEXICO
executive summary
Mexico is a multiparty federal republic with an elected president
and bicameral legislature. Citizens elected President Felipe Calderon
of the National Action Party (PAN) in 2006 to a six-year term in
generally free and fair multiparty elections. Security forces reported
to civilian authorities.
The most serious human rights issues in the country arose from the
fight against organized crime, which involved frequent clashes between
security forces and Transnational Criminal Organizations (TCOs). TCOs
and gangs linked to them battled each other to establish or maintain
control of trafficking routes and markets. In multiple instances, TCOs
used brutal tactics against members of the public. TCOs remained the
most significant perpetrator of violent crimes in the country, showing
disregard for civilian casualties, engaging in human trafficking, and
intimidating journalists and human rights defenders with violence and
threats. Sometimes in the context of the fight against TCOs, but also
at times unrelated to it, security forces reportedly engaged in
unlawful killings, forced disappearances, and instances of physical
abuse and torture.
The following problems also were reported during the year by the
country's National Human Rights Commission (CNDH) and other sources:
kidnappings; physical abuse; poor, overcrowded prison conditions;
arbitrary arrest and detention; corruption and lack of transparency
that engendered impunity within the judicial system; and confessions
coerced through torture. Societal problems included: killings of women;
domestic violence; threats and violence against journalists and social
media users, leading to self-censorship in some cases; trafficking in
persons; social and economic discrimination against some members of the
indigenous population; and child labor.
Despite some arrests for corruption, widespread impunity for human
rights abuses by officials remained a problem in both civilian and
military jurisdictions.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--Security forces,
acting both in and out of the line of duty, killed several persons
during the year.
On June 17, Joaquin Figueroa Vasquez was killed in a high-speed
chase in a joint operation by state and federal security forces in the
state of Veracruz and presented as an alleged TCO member. The autopsy
report stated that the cause of death was a bullet wound to the head.
Figueroa's family claimed that this wound and the others that Figueroa
sustained were evidence of torture and a subsequent execution-style
killing. In collaboration with the human rights nongovernmental
organization (NGO) Mexican Commission for the Defense and Promotion of
Human Rights (CMDPDH), Figueroa's family submitted information
regarding the case to the Inter-American Commission on Human Rights
(IACHR). The CNDH was also investigating the case at year's end.
On October 28, a military court found two officers and twelve
soldiers guilty of violence resulting in the killings of three
individuals at a military check point in La Joya, Sinaloa, in July
2007. The sentences ranged from 16 to 40 years in prison. NGOs and the
CNDH advocated on behalf of the families involved.
There were no developments in the following two high-profile cases
from 2010:
In March 2010 soldiers killed two students at Monterrey
Technological University. Despite a subsequent CNDH report that
determined through a thorough investigation that guns were planted at
the scene and evidence was tampered with, no arrest had been made at
year's end.
In June 2010 the CNDH concluded that the Secretariat of National
Defense (SEDENA) altered the location in which Martin and Bryan Almanza
Salazar, ages five and nine, respectively, were shot and killed in
April 2010 to create the impression that the shots occurred during a
firefight with a criminal gang. The CNDH concluded that the children
had been killed by direct fire from army troops on the road from Nuevo
Laredo to Reynosa, Tamaulipas. However, military findings concluded
that the children had been killed by shrapnel from a grenade thrown by
members of organized criminal organizations. The incident remained
under investigation at year's end.
A number of killings committed by TCOs appeared to be politically
motivated. Unidentified perpetrators killed seven mayors of small towns
in states along the country's northern border during the year,
allegedly for failing to cooperate with organized crime. In 2010-11, a
total of 20 sitting mayors were killed. Most of the killings were
linked to organized crime.
Three activists from the Movement for Peace and Justice with
Dignity, which sought justice for victims of drug-related violence,
were allegedly killed by TCOs during the year. Nepomuceno Moreno was
killed in Sonora on November 30, and Pedro Leyva Dominguez and Trinidad
de la Cruz Crisostomo were killed in Michoacan on October 6 and
December 7, respectively.
b. Disappearance.--There were multiple reports of forced
disappearances by the army, navy, and police. Most occurred in the
course of security operations. In several cases of reported
disappearances, security forces had detained the missing persons
incommunicado for several days. Following its March visit, the U.N.
Working Group on Enforced or Involuntary Disappearances underscored
patterns of impunity and a lack of investigation in cases of forced
disappearance. The working group indicated that the number of new cases
it accepted more than tripled from 2010. The group noted that the
increased numbers of newly admitted cases and the high number of new
allegations received during the visit could indicate a worsening
situation of forced disappearances in the country.
On March 26, municipal police in Ciudad Juarez, Chihuahua,
allegedly detained Juan Carlos Chavira, Dante Castillo, Raul Navarro,
and Felix Vizcarra. Family members of the victims found their abandoned
pick-up truck on March 27 in a tunnel far from where they had been
detained. On April 14, the dead bodies of the four missing men were
discovered. The state prosecutor's office commented publicly that it
was investigating the case as a crime of enforced disappearance. Hector
Murguia Lardizabal, mayor of Ciudad Juarez, said that he had also
ordered the city's police department of internal affairs to investigate
the case. Three local police were arrested on April 8 and at year's end
legal proceedings against them were ongoing.
In February 2010 soldiers in Chilpancingo, Guerrero, allegedly beat
and took Raul Evangelista Alonso from his home. Several days later in
the same city, Roberto Gonzalez Mosso was abducted by masked
individuals claiming to be from the Office of the Deputy Attorney
General for Special Organized Crime Investigations (SIEDO). At year's
end neither individual had been seen, and information on the status of
the investigation was unavailable.
Kidnapping remained a serious problem for persons of all
socioeconomic levels. The government reported a 6 percent increase in
kidnappings in the first half of the year compared with the same period
in 2010. Many kidnapping cases continued to go unreported, as families
feared repercussions and often negotiated directly with kidnappers.
Informed observers believed the number of cases reported to authorities
was far less than the actual number. There were credible reports of
police involvement in kidnappings for ransom, primarily at the state
and local level. In February a law against kidnapping went into effect
that mandates harsher penalties for convicted kidnappers and the
improvement of victims' services. The government continued to advance
compliance with its 2008 ``National Agreement on Security, Justice and
Legality,'' which calls for the establishment of specialized, vetted
antikidnapping units. At year's end 22 states had established such
units.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits torture and other cruel, inhuman, or
degrading treatment and stipulates that confessions obtained through
illicit means such as torture are not admissible as evidence in court.
Similarly inadmissible is any confession made directly to police. To be
admissible a confession must be formally recorded before a prosecutor
with the acknowledgement that it is being made voluntarily and after
examination by a doctor confirming that the person has not been
subjected to physical abuse. In multiple cases, however, the CNDH
verified the falsification of medical certificates to cover up torture.
During the year the CNDH received 1,626 complaints of cruel or
degrading treatment and 42 torture complaints, compared with 1,170
complaints of cruel or degrading treatment and 10 torture complaints in
2010. In some instances U.S. citizens reported receiving beatings,
suffocation, and administration of electric shock when in the custody
of arresting authorities.
In its November 2011 report, Human Rights Watch (HRW) reported more
than 170 cases of torture committed by security forces in the states of
Baja California, Chihuahua, Guerrero, Nuevo Leon, and Tabasco since the
beginning of the government's fight against TCOs in 2006. The report
noted that the most common forms of torture included ``beatings,
asphyxiation with plastic bags, waterboarding, electric shocks, sexual
torture, and death threats."
On August 31, the CNDH issued a recommendation regarding grave
human rights violations suffered by Israel Arzate Melendez, a resident
of Ciudad Juarez accused of having participated in the massacre of
Villas de Salvarcar in January 2010, in which a group of young people
were killed in Ciudad Juarez. Several days later soldiers reportedly
detained Arzate as he was walking in the street. During the ensuing car
ride and upon arrival at the 20th Motorized Cavalry Regiment in Ciudad
Juarez, Arzate was allegedly beaten, tortured with electric shocks to
the chest and abdomen, and asphyxiated with a plastic bag. Soldiers
later said that they had detained him for being in possession of a
stolen vehicle. The soldiers presented Arzate before the public
prosecutor 28 hours after his detention but kept him at the military
facility, where in February 2010 he was allegedly forced to confess,
under torture and threats, to having participated in the killings in
Villas de Salvarcar. On December 6, the Ninth District Judge of
Chihuahua dismissed evidence allegedly corroborating security forces'
use of torture on Arzate. According to the NGO Miguel Agustin Pro
Juarez Human Rights Center (Center Prodh), Arzate remained in pretrial
custody at year's end and was returned on several occasions to military
custody, where he was again tortured.
The government took steps to implement preventive measures against
the practice of torture, including applying, at the federal level, the
Istanbul Protocol, which contains guidance on investigating and
documenting torture and other abuses. According to the Attorney
General's Office (PGR), 14 of the country's 31 states had passed laws
to implement the protocol and established offices to evaluate
allegations. Additionally the PGR reported that it had provided
training on human rights and torture to its local, state, and federal
staff. During the year the CNDH conducted 181 human rights-related
courses for SEDENA, 49 for the PGR, and 186 for the Secretariat of
Public Security (SSP). The courses included sections on torture. The
CNDH made 33 visits to prisons during the year specifically to monitor
the application of the Istanbul Protocol and investigate torture
allegations by prisoners.
In May 2010 the U.N. Subcommittee on the Prevention of Torture made
public the recommendations from its 2009 report and visit. The Foreign
Affairs Secretariat announced in July 2010 an action plan to implement
the 122 recommendations listed in the report, although it had not
published information on specific actions taken by year's end.
Instances of cruel, inhuman, and degrading treatment were reported
to occur in public mental health institutions, including the use of
unconsented lobotomies on persons with disabilities (see section 6,
Persons with Disabilities).
Prison and Detention Center Conditions.--Prison conditions remained
poor. During the year the CNDH and NGOs reported that corruption,
overcrowding, prisoner abuse, alcoholism, and drug addiction were
prevalent in most facilities. According to the CNDH, health and
sanitary conditions were poor, and most prisons did not offer
psychiatric care. According to accounts related to consular officers by
prisoners, poorly trained, underpaid, and corrupt guards staffed most
prisons, and authorities occasionally placed prisoners in solitary
confinement for indefinite periods. Prisoners often had to bribe guards
to acquire food, medicine, and other necessities. Prison overcrowding
continued to be a common problem. According to the SSP, as of July
there were 227,671 prisoners in 431 facilities in the country, which
were approximately 23 percent above capacity. Approximately 217,200
(95.4 percent) of those inmates were men and 10,470 (4.6 percent) were
women. The official number of juvenile inmates was unknown. In its
Strategic Plan for 2008-12, the SSP described the penitentiary system
as ``one of the most underdeveloped and abandoned components of public
security."
Prison conditions in the country varied greatly across states and
facilities. There were reports of dire and at times life-threatening
conditions for prisoners due to overcrowding, posing risks to the
prisoners' physical safety and health. The CNDH noted that lack of
access to adequate healthcare was a significant problem at all
facilities. Prisoners generally had access to potable water.
The SSP reported that between July 2010 and July 2011, 52 inmates
were killed in prison. The most significant prison riots during the
year were caused by skirmishes between prisoners from rival gangs and
cartels. In July an incident in a prison in Nuevo Laredo left seven
dead and allowed 59 prisoners to escape, 35 of whom were being held on
federal charges such as drug trafficking. Later that month a prison
riot in Ciudad Juarez resulted in the deaths of 17 inmates. Cameras
showed prisoners gaining access to cells using a guard's keys and
firing what appeared to be automatic weapons at the individuals inside.
On October 15, 20 prisoners died and 12 were wounded in a prison riot
at Matamoros's state prison. Authorities claimed the riot was caused by
feuding groups within the prison.
Pretrial detainees were routinely held together with convicted
criminals. In its September report on the state of the penitentiary
system, the CNDH noted that conditions for female prisoners were
inferior to those for men, particularly for women who lived with their
children in prison, due to a lack of appropriate living facilities and
specialized medical care. There were reports that women who lived with
their children in prison did not receive extra food or assistance.
There were reports of physical and sexual abuse of women while in
detention.
In December 2010 inmate Gabriela Elizabeth Muniz Tamez was taken
from an official police vehicle by unidentified armed men allegedly
belonging to a TCO while being transferred from a prison to a nearby
hospital in Monterrey, Nuevo Leon. Her body, which bore signs of
torture, was later found hanging from a bridge in the city.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. While prisoners and detainees were
generally permitted to lodge complaints about human rights violations,
access to justice was inconsistent, and the results of investigations
were generally not made public.
The government permitted independent monitoring of prison
conditions by the International Committee of the Red Cross (ICRC), the
CNDH, and state human rights commissions. The CNDH made 153 visits to
civilian and military prisons and detention centers nationwide during
the year to monitor conditions. The CNDH also opened 329 complaint
cases based on concerns about human rights violations against prisoners
and received 235 complaints of ``cruel treatment."
Independent monitors are generally limited to making
recommendations to authorities to improve prison conditions. The CNDH
has an ombudsman dedicated to prison issues, but the office does not
provide legal representation for prisoners.
The federal government worked to improve prison conditions by
implementing its 2008-12 strategic plan focused on security,
rehabilitation, and education. During the year the SSP worked to
improve the federal penitentiary system through programs dedicated to
preparing prisoners for future employment, modernization of security
equipment, standardization of norms and procedures throughout the
prison system, and creation of university majors in prison
administration. The SSP also finalized and implemented a new prisoner
classification system and file format for offenders housed in federal
prisons. In November the SSP initiated an international accreditation
process to standardize facilities in the federal penitentiary system.
There were no known improvements in alternatives to sentencing for
nonviolent offenders during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention as well as sponsoring or covering up an illegal
detention. However, the CNDH reported receiving 1,744 complaints of
arbitrary arrests and detentions during the year.
Role of the Police and Security Apparatus.--The federal police,
under the SSP, as well as state and municipal police, have primary
responsibility in law and in practice for law enforcement and the
maintenance of order. SEDENA, which oversees the army and the air
force, and the Secretariat of the Navy (SEMAR), which oversees the navy
and the marines, also play an important role in the fight against
transnational organized crime.
According to the CNDH, SEDENA was the government entity with the
greatest number of human rights complaints (1,695) filed against it
during the year.
The CNDH stated that deployment of the armed forces for domestic
law enforcement in the struggle against TCOs led to an increased number
of reported human rights abuses. The lack of clear protocol for use of
force and rules of engagement worsened the problem, leading President
Calderon in December 2010 to instruct military and police forces to
establish protocols for the legitimate use of force. SEMAR, which
played an increasingly important domestic security role, saw CNDH human
rights complaints more than double from 198 in 2010 to 495 in 2011.
Credible human rights NGOs continued to charge that an opaque military
justice system contributed to impunity, pointing to a failure to openly
and promptly investigate, prosecute, and convict members of the
military for human rights violations.
The CNDH reported that police, immigration officers, and customs
officials violated the rights of undocumented migrants and failed to
provide for their safety. In August a Guatemalan migrant was beaten to
death in Mexico State, allegedly by municipal police.
During the year the CNDH issued 25 recommendations (based on
certifications that a case involved a serious human rights violation
and merits further investigation or sanction) to SEDENA concerning
allegations of human rights violations committed by members of the
armed forces, compared with 22 in 2010. SEDENA accepted all of the
recommendations and affirmed its commitment to collaborating with the
CNDH on outstanding investigations. The CNDH issued six recommendations
to SEMAR during the year, the same number as in 2010. The CNDH also
issued six recommendations to the PGR and 15 to the SSP. All of these
recommendations were accepted.
SEDENA's General Directorate for Human Rights investigates military
personnel for violations of human rights identified by the CNDH and is
tasked with promoting a culture of respect for human rights within the
institution. However, the directorate has no power to ensure
allegations are properly prosecuted. Human rights NGOs such as Center
Prodh complained about a lack of access to the directorate and
maintained the directorate had not improved SEDENA's human rights
performance.
Despite a persistent lack of human rights-related prosecutions by
military tribunals, SEDENA took steps to increase transparency on its
handling of human rights cases, such as listing on its Web site the
status of military trials and their compliance with CNDH
recommendations.
SEDENA reported that at year's end 16 soldiers and three officers
had been sentenced since 2006 for human rights-related crimes committed
against civilians. Additionally, SEDENA reported that 168 soldiers were
under investigation and 65 were in a military trial process for a
variety of human rights offenses.
The CNDH provided human rights training to 30,108 military
personnel during the year. SEDENA reported that during the year 207,829
soldiers participated in courses dedicated to human rights.
The SSP worked with the International Organization for Migration
and experts from the ICRC to train federal police officers on human
rights. The ICRC also provided training to military personnel on
international human rights law. Additionally, the CNDH trained 10,169
SSP officials. The SSP in collaboration with the National Autonomous
University of Mexico continued to provide human rights training to
federal police officers throughout the country. The SSP, the Latin
American Institute for Education Communication, and a foreign donor
established a Masters Degree on Human Rights for SSP personnel.
Separately, the CNDH provided training to 1,448 PGR personnel.
Arrest Procedures and Treatment While in Detention.--By law only
duly authorized officials are permitted to apprehend an individual.
However, a warrant for arrest is not required if the official has
reasonable suspicion about the person's involvement in a crime. Bail
exists but not for persons being held in connection with drug
trafficking or other forms of organized crime. In states that had not
yet implemented the 2008 reforms, pretrial release on bond was
available only in cases in which the charged offense was not considered
a serious crime. In most cases persons must be presented to a judge,
along with sufficient evidence to justify their continued detention,
within 48 hours of their arrest. According to many NGOs, in practice
there were violations of this 48-hour provision. The CNDH received 423
complaints involving illegal detention.
In organized crime cases (involving three or more persons who
organize for the purpose of committing certain crimes), suspects may be
held for up to 96 hours before being presented to a judge. Only the
federal judicial system can prosecute organized crime cases. However,
in recognition of the complex nature of organized crime, the
constitution was amended to stipulate that, under a precautionary
procedure known as ``arraigo,'' certain suspects may, with the approval
of a judge, be detained for up to 80 days prior to the filing of formal
charges. In the absence of formal charges, persons so detained are not
entitled to legal representation and are not eligible to receive credit
for time served if convicted. During her July visit, U.N. High
Commissioner for Human Rights Navi Pillay criticized this form of
pretrial detention as a violation of due process that facilitated
torture. Human rights groups, including the CMDPDH, alleged that
arraigo was used to obtain forced confessions. In July the state of
Chiapas declared the practice illegal.
In areas involving military operations against TCOs, SEDENA
personnel detained individuals without the involvement of state or
federal investigators authorized to collect evidence for use in
subsequent prosecutions. The PGR claimed it was not always notified in
a timely manner of the detentions, which complicated efforts to
prosecute and convict arrestees.
While detainees usually were allowed prompt access to family
members and to counsel, there were complaints that in some cases police
held persons incommunicado for several days and made arrests
arbitrarily and without a warrant. While indigent detainees are
provided counsel under law, in practice counsel was generally only
provided during trials and not during arrests or investigations.
Detainees were sometimes held under house arrest. Human rights NGOs
documented and the CNDH issued several recommendations confirming that
the army frequently detained civilians for extended periods of time
before placing them at the disposition of civilian authorities.
Pretrial Detention.--The law provides time limits within which an
accused person must be tried. However, due to caseloads that far
exceeded the capacity of the federal judicial system and the fact that
most state judicial systems still used the written inquisitorial
criminal justice system, such time limits often were disregarded. The
Mexican Center for Research and Teaching in Economics (CIDE) and HRW
reported that more than 40 percent of prisoners were held in pretrial
detention, as opposed to serving time for a convicted offense. Many
spent years in pretrial detention. According to CIDE the average period
for prisoners awaiting trial is two years and of those sentenced, 14
percent were declared innocent after having served time in prison, and
85 percent received sentences of less than five years. For many of
these, the time spent in prison ultimately exceeded the sentence,
according to CIDE.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, court decisions were susceptible
to improper influence by both private and public entities, particularly
at the state and local level, according to CIDE. Civil society
organizations reported that corruption, inefficiency, and a lack of
transparency continued to be major problems in the judiciary.
International bodies, including the IACHR and the Office of the
U.N. High Commissioner for Human Rights (OHCHR), criticized the
government's failure to limit military jurisdiction over human rights
cases. Article 57 of the military code of justice defines crimes
against military discipline as ``state or common offenses that have
been committed by active duty military.'' In practice civilian courts
generally ceded jurisdiction to the military in cases where military
personnel stood accused of human rights violations committed against
civilians. However, in July the Supreme Court ruled that civil courts
at all levels should guide their decisions by the constitution and the
country's human rights obligations under international conventions when
such laws are found to conflict with other codes and norms, including
Article 57 of the military justice code. President Calderon reiterated
in a speech on December 10 his administration's commitment to transfer
human rights crimes from military to civilian jurisdiction. At year's
end two human rights cases involving the military had been transferred
to civilian jurisdiction, and a Guerrero state judge had ordered that a
third case also be transferred.
Trial Procedures.--The civilian legal system is a hybrid system.
While it incorporates some aspects of common law and accusatory-style
systems, it draws primarily from traditional European code-based,
inquisitorial systems. The 2008 constitutional criminal justice reforms
mandated implementation of an oral adversarial system and the
presumption of innocence by 2016. The military employs an inquisitorial
legal system but continued to move toward an oral accusatorial system.
At year's end 12 states had passed legislation transitioning to the
oral, adversarial system and were at various stages of training and
implementation, and 13 states were in the process of legislating
reforms. Under the old system, still being used by the federal
government, federal district, and 23 states--some of which had passed
reforms but were still transitioning to the new system--a typical trial
consists of a series of fact-gathering hearings during which the court
receives documentary evidence or testimony. A judge in chambers reviews
the case file and then issues a final, written ruling. The record of
the proceeding is not available to the general public; only the parties
involved have access to the official file and only by special motion.
The 2008 constitutional criminal justice reform establishes that
defendants enjoy a presumption of innocence. However, such rights are
not provided for in jurisdictions that have not completed reform
implementation and still operate under the inquisitorial system.
The constitutional reform provides for the right of the accused to
attend the hearings and challenge the evidence or testimony presented,
and the government generally respected these rights in practice. In
most cases court proceedings were open to the public. Defendants are
not tried by jury.
While the law provides defendants with the right to an attorney at
all stages of criminal proceedings, in practice this only meant that
authorities had to appoint a ``person of confidence,'' who was not
required to meet any particular legal qualifications to represent a
defendant. Because of the nascent implementation of the 2008 reforms,
not all public defenders had preparation and training to serve
adequately on the defendants' behalf, and often the state public
defender system was not adequate to meet demand. Public defender
services were placed either in the judicial or executive branch. There
were rarely autonomous public defender services. According to Amnesty
International (AI) and CIDE, most criminal suspects did not receive
representation until after they were placed under judicial authority,
thus making individuals vulnerable to coercion to sign false statements
before being presented to a judge.
Although the law provides for translation services from Spanish to
indigenous languages to be available at all stages of the criminal
process, NGOs noted that this generally was not done. Indigenous
defendants who did not speak Spanish sometimes were unaware of the
status of their cases, and some suspects were convicted without fully
understanding the documents they were required to sign.
According to human rights NGOs, including HRW and AI, despite
enactment of the 2008 judicial reform legislation, judges, particularly
in areas that had not yet implemented the reforms, continued to allow
statements coerced through torture to be used as evidence against the
accused. Confessions were often the primary evidence in criminal
convictions in these cases (see section 1.c.). NGOs asserted that
judges often gave greater evidentiary value to the first declaration of
a defendant given in the absence of legal representation, providing
prosecutors an incentive to obtain an incriminating first confession.
For their part law enforcement officials complained that defendants
frequently made baseless claims of coerced confessions as a way to win
acquittal.
The 2008 justice reform establishes strict guidelines on the use of
confessions, evidence, and expert testimony; allows consensual
monitoring of telephone calls; and gives police more responsibility for
conducting investigations. The reform stipulates that all hearings and
trials must be conducted by a judge and under the principles of public
access, immediacy, confrontation, and cross-examination, promoting
greater transparency and allowing defendants to challenge their
accusers. The law allows the government to keep elements of an
investigation confidential until evidence is presented in court, and
defendants do not usually have access to government-held evidence.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--In 2009 the Inter-American
Court of Human Rights issued a binding ruling calling for the country
to evaluate and reform the process of using military courts to try
human rights cases involving civilians. In July the Supreme Court ruled
that civilian courts must maintain cases involving human rights abuses
of civilians in civilian jurisdiction. In August military prosecutors
declined jurisdiction over two high-profile human rights cases (see
section 6, Indigenous People). The government also held public
ceremonies honoring victims in accordance with three Inter-American
Court rulings.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters to which citizens have access
to seek damages for a human rights violation. However, for a plaintiff
to secure damages against a defendant, the defendant first must have
been found guilty in a criminal case, which was a high standard in view
of the relatively low number of individuals convicted of human rights
abuses in the country.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the law prohibits such practices and requires
search warrants, the CNDH received 213 complaints of illegal searches
or destruction of property during the year, most related to the fight
against organized crime.
The NGO Tlachinollan Mountain Center for Human Rights, located in
Ayutla de los Libres, Guerrero, reported instances of soldiers entering
employees' homes without a warrant and appropriating personal property.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. Most
newspapers and television and radio stations were privately owned, and
the government had minimal presence in the ownership of news media.
Freedom of the Press.--Despite federal government support for
freedom of the press, many journalists were the victims of threats,
harassment, and violence. Reporters covering organized crime, including
its links to corrupt public officials, acknowledged practicing self-
censorship, recognizing the danger investigative journalism posed to
them and to their families. In their final report released in June
following a country visit in 2010, the U.N. and Organization of
American States special rapporteurs for the promotion and protection of
the right to freedom of opinion and expression characterized the states
of Chihuahua, Coahuila, Durango, Guerrero, Michoacan, Nuevo Leon,
Sinaloa, and Tamaulipas as ``completely silent'' due to dramatic levels
of media self-censorship.
The law does not provide a legal framework for issuing permits to
nongovernmental and noncommercial community radio stations.
Violence and Harassment.--According to the NGO Article 19, during
the year nine journalists were killed--four in the state of Veracruz--
and two disappeared, compared with nine such killings and four
disappearances in 2010. The CNDH reported that 70 journalists had been
killed and 13 disappeared since 2000.
The PGR's Office of the Special Prosecutor for Crimes Against
Journalists accepted jurisdiction of more than 15 cases between
September 2010 and June 2011. The CNDH issued three recommendations on
crimes against journalists during the year.
High-profile cases included the following:
Noel Lopez Olguin, a columnist for the newspaper La Verdad de
Jaltipan in Veracruz, was kidnapped on March 8 and found dead on May 31
in that state. His body was discovered after a drug gang member
confessed to the killing. According to reports, Lopez wrote stories on
corruption involving organized crime.
Two reporters from Notiver in Veracruz were killed during the year.
Miguel Angel Lopez Velasco, a columnist for the newspaper, was found
dead in his Veracruz home along with his wife and 21-year-old son on
June 20. Juan Carlos ``El Naca'' Carranza Saavedra was named as a
suspect by the state attorney general and a three million peso
($233,000) reward was offered for information leading to his arrest.
Lopez's writings focused on drug trafficking and security. On July 26,
the body of Yolanda Ordaz de la Cruz, a crime beat reporter for
Notiver, was also found in Veracruz. A note left at the crime scene
suggested a connection between the two killings. At year's end
information on the investigations remained unavailable.
No developments were reported in the arrest and investigation of
suspects associated with multiple 2010 cases of violence against
journalists.
In October 2010 the government announced the launching of a
journalist protection mechanism. While NGOs such as Article 19 noted
that the mechanism had not been effectively implemented due to a lack
of funding, insufficient consultation with civil society, and reliance
on local rather than federal authorities for protection
responsibilities, the government made efforts to involve civil society
and work with international partners to train personnel involved in the
mechanism's implementation. In a speech on December 10, President
Calderon reiterated his administration's commitment to improve
mechanisms to protect journalists and human rights defenders in
cooperation with the CNDH and the U.N. He identified organized crime as
the major source of kidnapping threats and noted that the mechanism had
provided protection to 11 individuals thus far.
Libel Laws/National Security.--Although defamation, libel, and
slander are not federal offenses, 17 states have criminal libel laws
making journalists vulnerable to imprisonment at the state level.
Nongovernmental Impact.--TCOs exercised an increasing influence
over media outlets and reporters, at times directly threatening
individuals who published critical views of crime groups.
On September 24, police in Nuevo Laredo found the headless body of
a female journalist who wrote on TCO activity as an online blogger
under the pseudonym of ``La Nena de Laredo'' (``Laredo Girl''). Two
other Nuevo Laredo-based bloggers were allegedly tortured and killed by
TCOs in September and November, again in retaliation for posting
comments on the Internet about local drug cartels.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
As citizens increasingly used social media Web sites such as
Twitter and Facebook to obtain and share drug-related news, violence
against the users of these sites rose dramatically.
Two states introduced new restrictions on the use of social media.
In August Veracruz officials arrested Gilberto Martinez Vera and Maria
de Jesus Bravo Pagola for allegedly spreading rumors of violence on
Twitter. They were released following protests from civil society
groups, but the state created a new ``public disturbance'' offense for
use in similar cases in the future. Similarly, the state of Tabasco
outlawed telephone calls or social network postings that could provoke
panic. Civil society groups feared that the laws could be used to curb
freedom of expression online.
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 the government generally respected this
right in practice. However, there was at least once instance of
security forces using force against demonstrators during the year.
On December 12, approximately 500 students from the Teachers'
College of Ayotzinapa in the state of Guerrero, along with members of
civil society organizations, blocked traffic on an important federal
highway near the state capital and demanded a meeting with the governor
to discuss conditions at the school. When state and federal police
attempted to dislodge the protesters and reopen the highway, both
security forces and protesters resorted to violence, during which
police shot and killed two protesters, and protesters set fire to a gas
station, resulting in the death of a gas station employee. NGOs and the
state human rights commission condemned the killings. At year's end the
governor of Guerrero had fired a number of high-ranking state officials
in connection with the killings, and investigations were continuing.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. However, according to several NGOs including AI, the army in
the course of its operations occasionally restricted freedom of
movement. The government cooperated with the Office of the U.N. 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.
In-country Movement.--In a February report, the CNDH estimated that
approximately 11,330 migrants were kidnapped between April and
September 2010 as they attempted to transit the country to cross the
border into the United States, although the National Migration
Institute (INM) disputed this claim, noting that they had registered
only 222 such cases during the same period. Many migrants were
reluctant to report such crimes due to fear of being deported.
Forty Central American migrants were abducted from a train in
December 2010. Another mass kidnapping of migrants riding a train from
Oaxaca to Veracruz took place in June. Both the CNDH and the INM
continued to investigate the incidents at year's end.
Protection of Refugees.--Access to Asylum.--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.
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.--Recent Elections.--The
closely contested 2006 presidential election, in which Felipe Calderon
was elected president to a six-year term, was considered generally free
and fair by most neutral observers, including EU representatives and
local and international civil society organizations.
Participation of Women and Minorities.--As of December there were
30 women in the 128-seat Senate and 141 women in the 500-seat lower
house. Two female justices sat on the 11-member Supreme Court, and
there were four women in the 19-member cabinet. Many state electoral
codes provide that no more than 70 to 80 percent of candidates can be
of the same gender. Some political parties utilized quotas requiring
that a certain percentage of candidates on a party list be female.
There were no established quotas for increased participation of
indigenous groups in the legislative body, and no reliable statistics
were available regarding minority participation in government. The law
provides for the right of indigenous people to elect representatives to
local office according to ``usages and customs'' law rather than
federal and state electoral law. Usages and customs laws applied
traditional practices to resolve disputes, chose local officials, and
collected taxes without federal or state government interference. While
such practices allowed communities to select officials according to
their traditions, the usages and customs law generally excluded women
from the political process and often infringed on the rights of women
and religious minorities. The application of the law varied by village.
In some villages women were not permitted to vote or hold office; in
others they could vote but not hold office.
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.
Credible reports indicated that officials frequently engaged in corrupt
practices with impunity and that relatively few cases were brought to
trial. Corruption at the most basic level involved paying bribes for
routine services or in lieu of fines to administrative officials and
security forces. More sophisticated and less apparent forms of
corruption included overpaying for goods and services to provide
payment to elected officials and political parties.
During the year the PGR initiated legal proceedings against 102
employees for corruption, 18 of whom were convicted at year's end. The
INM dismissed 400 employees accused of corruption and human
trafficking, 15 of whom were under PGR investigation at year's end. The
state of Veracruz fired more than 1,000 police officers after they
failed newly implemented vetting checks.
The CNDH reported that police, particularly at the state and local
level, were involved in kidnapping, extortion, and in providing
protection for, or acting directly on behalf of, organized crime and
drug traffickers. Local forces in particular tended to be poorly
compensated and directly pressured by criminal groups, leaving them
most vulnerable to infiltration. Responsibility for investigating
federal police criminal abuse falls under the purview of the PGR or the
Secretariat of Public Administration, depending on the type of offense.
On December 2, Humberto Moreira, the former governor of Coahuila
(2005-11) and then party leader of the Institutional Revolutionary
Party (PRI), announced his resignation from party leadership amid
escalating controversy over a debt scandal during his tenure as
governor. In August the PGR began a criminal investigation into
allegations that the state government of Coahuila had underreported its
debt by almost $3 billion and had forged official documents to obtain
loans. The Secretariat of Finance filed a criminal lawsuit with the PGR
against the state of Coahuila, and the investigation continued at
year's end.
On September 1, federal police arrested a state police officer in
connection with the August 25 arson attack on a casino in Monterrey
that left 52 people dead. The unidentified state officer was one of
several men seen in a surveillance camera video arriving at the casino
in a caravan. Some of the men rushed in to set the building on fire in
what authorities suspected may have been retaliation for the casino's
owners refusing to pay an extortion demand to organized criminals. At
year's end at least five suspects had been detained by federal
authorities and investigations continued.
In May 2010 SIEDO prosecuted Cancun Mayor Gregorio Sanchez, and a
federal judge charged him with money laundering, drug trafficking, and
cooperating with drug traffickers. These charges were eventually
dropped. Sanchez was arrested once again in July for allegedly
smuggling Cuban citizens into the country, and for additional drug
allegations, but he was released in August.
Financial disclosure and accounting laws are overseen by the
National Banking and Exchange Commission. In practice authorities'
application of the laws was inconsistent.
Internal controls and vetting processes were applied to new SSP
entrants and incrementally expanded to existing staff. The SSP managed
a database of police at all levels whose records, including misdeeds,
are catalogued. The SSP expanded the Intranet-based communications
platform, Plataforma Mexico, allowing for communication and
coordination with federal and some state and local police throughout
the country. At both federal and state levels, authorities provided for
the establishment of Citizen Participation Councils (CPCs) to address
citizen complaints about police and other justice system actors. CPCs
created ``observatories'' to monitor criminal justice and security
issues.
Despite significant institutional and regulatory changes increasing
government transparency, access to information continued to be
difficult in some states. The Federal Institute of Access to Public
Information (IFAI), the agency responsible for freedom of information
requests, received more than 120,000 such requests during the year. All
states have laws complying with the 2007 constitutional reforms
regarding access to information and have signed formal agreements with
IFAI to make the information system on government operations, Infomex,
available for petitions for state government information.
In March the Supreme Court ruled that the PGR had the right to
withhold information from the CNDH in cases that are actively under
investigation. The decision was in response to the July 2010 case
brought by the CNDH challenging the PGR's right to withhold
information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. The government
made periodic attempts to engage civil society on human rights issues
by encouraging participation in policy debates and engaging with
victims and their family members in public discussions. President
Calderon and his secretary of government engaged in public discussions
on several occasions with peace activist Javier Sicilia on human rights
issues and the government's security strategy. These discussions
resulted in the creation of a Special Prosecutor for Victim Assistance
(PROVICTIMA) in September, which assisted approximately 3,000 crime
victims by year's end. Some NGOs, however, expressed frustration over
the difficulty to engage in constructive human rights discussions with
government officials.
The U.N. and NGOs reported harassment of human rights defenders.
The CNDH received 59 complaints of aggression against human rights
activists and 16 requests for protection. NGOs maintained that state
and municipal authorities harassed defenders. The Inter-American Court
of Human Rights ordered protective measures in six cases involving
human rights defenders during the year. In July the president announced
the launch of a national mechanism to protect human rights defenders.
Government Human Rights Bodies.--The CNDH is the autonomous agency
created by the government and funded by the legislature to monitor and
act on human rights violations and abuses. It can call on government
authorities to impose administrative sanctions or pursue criminal
charges against officials, but it cannot impose legal sanctions itself.
Whenever the relevant authority accepts a CNDH recommendation, the CNDH
is required to follow up with the authority to ensure that it is, in
fact, carrying out the recommendation. The CNDH sends a request to the
authority asking for evidence of its compliance and reports this
follow-up information in its annual report. When authorities fail to
accept a recommendation, the CNDH makes that known publicly. NGOs and
international organizations often drew attention to the failure of an
institution to comply with or even accept CNDH recommendations. The
CNDH was generally viewed by the public as unbiased and trustworthy. In
June constitutional reforms increased the CNDH's capacity to
investigate alleged violations and enforce its recommendations.
Each of the country's 31 states plus the Federal District has a
state human rights commission autonomous from the CNDH.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. While the government continued to make
progress enforcing these provisions, significant problems, particularly
violence against women, persisted.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and imposes penalties of up to 20 years'
imprisonment. However, according to HRW and other NGOs, rape victims
rarely filed complaints with police, in part because of the
authorities' ineffective and unsupportive responses to victims,
victims' fear of publicity, and a perception that prosecution of cases
was unlikely. Human rights organizations asserted that authorities did
not take seriously reports of rape, and victims continued to be
socially stigmatized and ostracized.
Federal law prohibits domestic violence, including spousal abuse,
and stipulates fines equal to 30 to 180 days' minimum salary and
detention for up to 36 hours; actual sentences, however, were often
more lenient. This countrywide law obligates federal and local
authorities to prevent, punish, and eradicate violence against women.
Nevertheless, according to the NGO Citizen Femicide Observatory
(Observatorio Ciudadano de Feminicidios), domestic violence was
pervasive and mostly unreported.
State-level laws sanctioning domestic violence are weak. Seven
states do not criminalize it, and 15 states punish it only when it is a
repeated offense. According to a survey conducted by the National
Institute of Public Health in several of the country's rural and
indigenous communities, victims did not report abuses for a variety of
reasons, including fear of spousal reprisal, shame, and the view that
the abuse did not merit a complaint. There were no authoritative
statistics available on the number of abusers prosecuted, convicted,
and punished. The 2006 National Survey on Household Relationships, the
most recent such survey completed, suggested that 67 percent of women
over age 15 had suffered some abusive treatment.
According to the Citizen Femicide Observatory, more than 1,700
girls, teenagers, and women were killed between January 2009 and June
2010.
The PGR's Special Prosecutor for Violence against Women and
Trafficking in Persons (FEMVITRA) is responsible for leading government
programs to combat domestic violence and federal human trafficking
cases involving three or fewer suspects. With only five lawyers
dedicated to federal cases of violence against women and trafficking
countrywide as of 2010, FEMVITRA faced challenges in moving from
investigations to convictions, although it achieved several.
There were approximately 70 government-funded shelters. Civil
society and women's rights groups maintained numerous shelters as well.
Sexual Harassment.--Federal law prohibits sexual harassment and
provides for fines of up to 40 days' minimum salary. Sexual harassment
is also criminalized in 26 states and the Federal District. Twenty-two
of these states have provisions for punishment when the perpetrator is
in a position of power. According to the National Women's Institute
(INMUJERES), the federal government institution charged with directing
national policy to achieve equality of opportunity between men and
women, sexual harassment in the workplace was widespread, but victims
were reluctant to come forward and cases were difficult to prove.
Sex Tourism.--The country was a destination for sex tourists,
particularly from the United States. There are no laws specifically
prohibiting sex tourism with adults, although federal law criminalizes
corruption of minors, for which the penalty is five to 10 years'
imprisonment.
Reproductive Rights.--Couples and individuals have the legal right
to decide the number, spacing, and timing of children and have the
information and means to do so free from discrimination. However,
services, information, and public policies in the area of reproductive
health were limited. Despite the existence of a national family
planning program, the lack of sex education and contraceptives in
public hospitals and rural areas undermined the government's commitment
to reproductive rights. The Population Reference Bureau reported that
66 percent of women used modern contraceptives. Information on maternal
health was available at public and private health clinics and online at
the Federal Secretariat of Health's Web site. Skilled attendants at
delivery and in postpartum care were widely available except in some
marginalized areas. Women and men were given equal access to diagnostic
services and treatment for sexually transmitted infections.
Discrimination.--The law provides women the same rights and
obligations as men and ``equal pay ... for equal work performed in
equal jobs, hours of work, and conditions of efficiency.'' According to
INMUJERES, during the year women earned between 5 and 14 percent less
than men for comparable work. INMUJERES reported that its national
hotline received 5,881 calls during the year. The law provides labor
protection for pregnant women. According to the Information Group on
Reproductive Rights, some employers reportedly sought to avoid this law
by requiring pregnancy tests in preemployment physicals and by
continuing to make inquiries into a woman's reproductive status.
Children.--Birth Registration.--The country provides universal
birth registration in principle, with citizenship derived both by birth
within the country's territory and from one's parents.
Citizens generally registered the birth of newborns with local
authorities. In some instances government officials visited private
health institutions to facilitate the process. Failure to register
births could result in the denial of public services, such as education
or health care, to children living in communities where such services
were in any event not widely available. According to UNICEF, 93.4
percent of children in the country were registered. However, states
with large rural and indigenous populations, such as Chiapas, Guerrero,
Oaxaca, and Puebla, had comparatively lower registration rates.
According to UNICEF, as of 2009 only 61.7 percent of children in
Chiapas were registered by their first birthday. At year's end,
following appeals by UNICEF, the states of Oaxaca and Chiapas made
birth registration free, resulting in the registration of thousands of
previously unregistered children.
Child Abuse.--In 2000--when the most recent survey was undertaken--
the Federal Elections Institute and UNICEF reported that 28 percent of
children ages six to nine, 9 percent of those ages 10 to 13, and 10
percent ages 14 to 17 reported being treated violently at home.
According to the survey, 33 percent of rural children and youths and 26
percent of urban children and youths reported that adults sometimes
resorted to insults and physical violence against children.
Child Marriage.--Child marriage has historically been a problem,
but no current statistics were available. The minimum marital age in
the country is 14 for girls and 16 for boys with parental consent, and
18 without parental consent. UNICEF estimated that in 2008--the latest
year for which information was available--approximately 19.2 percent of
women and 4.5 percent of males married before the age of 18. Many of
these marriages occurred in indigenous communities governed by the
``usages and customs'' regime.
Sexual Exploitation of Children.--The antitrafficking law prohibits
the commercial sexual exploitation of children. UNICEF reported that
approximately 16,000 children were involved in commercial sexual
exploitation. It was not uncommon to find minors engaged in
prostitution. The NGOs Center for Studies and Investigation in
Development and Social Assistance, Casa Alianza, and National Network
of Shelters reported that sex tourism and sexual exploitation of minors
were significant problems in resort towns and northern border areas.
The country does not have a statutory rape law, but it has laws
against corruption of a minor and child pornography that apply to
victims under 18 years of age. For the crimes of selling, distributing,
or promoting pornography to a minor, the law stipulates a prison term
of six months to five years and a fine of 300 to 500 times the daily
minimum wage. For the crime of involving minors in acts of sexual
exhibitionism, the law mandates seven to 12 years in prison and a fine
of 800 to 2,500 times the daily minimum wage. The production,
facilitation, reproduction, distribution, sale, and purchase of child
pornography carries a punishment of seven to 12 years' in prison and a
fine of 800 to 2,000 times the daily minimum wage.
Perpetrators who promote, publicize, or facilitate sexual tourism
involving minors, face seven to 12 years' imprisonment and a fine of
800 to 2,000 times the daily minimum wage. For those involved in sexual
tourism who commit a sexual act with a minor, the law requires a 12- to
18-year prison sentence and a fine of 2,000 to 3,000 times the daily
minimum wage. The crime of sexual exploitation of a minor carries an
eight- to 15-year prison sentence and a fine of 1,000 to 2,500 times
the daily minimum wage.
Institutionalized Children.--The NGO Disability Rights
International found in a 2010 study that mentally disabled children in
orphanages and care facilities were subject to a number of grave
abuses, including trafficking in persons (see Persons with Disabilities
below).
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html as well as country-specific information at
http://travel.state.gov/abduction/country/country--3781.html.
Anti-Semitism.--There were no reports of anti-Semitic acts.
According to the 2010 census, the Jewish community numbered
approximately 67,000 persons.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, and the
provision of other services. However, the government did not
effectively enforce all these stipulations. Public buildings and
facilities in Mexico City did not comply with the law requiring access
for persons with disabilities, although the federal government stated
that entrances, exits, and hallways in all of its offices were
accessible to persons with disabilities. The education system provided
special education for approximately 485,170 students with disabilities
nationwide.
According to the National Commission for Persons with Disabilities,
63 percent of children with disabilities between the ages of six and 14
attended school, compared with 92 percent for those in the same age
range without disabilities. Only 4 percent of the overall population
with disabilities had finished university. According to the National
Council to Prevent Discrimination, 60 percent of all persons with
disabilities reported insufficient access to public or private health
care. The CNDH received 41 complaints of discrimination against persons
with physical disabilities and six complaints of discrimination against
persons with mental disabilities during the year.
The secretary of health collaborated with the secretaries of social
development, labor, and public education, as well as with the Integral
Development of the Family (DIF) and the Office for the Promotion and
Social Integration of the Disabled, to protect the rights of persons
with disabilities. The government established offices and programs for
the social integration of persons with disabilities, including a
program to enhance job opportunities and launch an online portal to
disseminate information and assistance.
In its 2010 study, Disability Rights International (DRI) found
widespread human rights abuses in mental institutions and care
facilities across the country, including those for children. Abuses
against disabled persons included lack of access to justice, the use of
physical and chemical restraints and unconsented lobotomies on some
patients, physical and sexual abuse, and trafficking of children with
mental disabilities. Persons with disabilities often lacked adequate
privacy and clothing and often ate, slept, and bathed in unhygienic
conditions. They were vulnerable to abuse from staff members, other
patients, or outsiders at facilities where there was little
supervision.
DRI reported in 2010 that at the Samuel Ramirez Moreno Psychiatric
Hospital in Mexico City, a man was restrained with a helmet and arm
restraints during the day and bed restraints at night from at least
March to September 2010. Authorities at the institution stated that
long-term restraints were the only option they had to control the
patient and that they were not administering any other form of
treatment or therapy to improve his condition.
At the Cruz del Sur Psychiatric Hospital in Oaxaca in 2010, DRI
investigators found a woman being held in a bed with restraints despite
evidenced distress because she spoke an indigenous language that no
member of the staff knew. The staff planned to keep her in restraints
until members of her family arrived and could translate.
According to a 2010 survey by the National Council to Prevent
Discrimination, 55 percent of persons with disabilities reported an
income insufficient to cover their basic needs. More than 50 percent of
those surveyed stated that their primary source of income was their
family and only 40 percent reported having a job.
Indigenous People.--The CNDH and the State Secretariat of
Indigenous Peoples in Chiapas acknowledged that indigenous communities
have long been socially and economically marginalized and subjected to
discrimination, particularly in the central and southern regions, where
indigenous persons sometimes represented more than one-third of the
total state population. In the state of Chiapas, the NGOs Fray
Bartolome de las Casas and International Service for Peace argued that
indigenous peoples' ability to participate in decisions affecting their
lands, cultural traditions, and allocation of natural resources was
negligible.
Indigenous groups claimed that the country's legal framework
neither respected, nor prevented violations of, the property rights of
indigenous communities. Communities and NGOs representing indigenous
groups reported that the government did not consult indigenous
communities adequately when making decisions about development project
implementation on indigenous land. There was also limited consultation
with indigenous communities regarding the exploitation of energy,
minerals, timber, and other natural resources on indigenous lands.
Indigenous persons did not live on autonomous reservations,
although some indigenous communities exercised considerable local
control over economic, political, and social matters. In Oaxaca State,
for example, 70 percent of the 570 municipalities were governed
according to the indigenous regime of ``usages and customs,'' which did
not follow democratic norms such as the secret ballot, universal
suffrage, and political affiliation.
In May authorities detained Rufino Juarez Hernandez, the head of
the Union of Social Well-Being of the Triqui Region, in connection with
the April 2010 killings of two members of a humanitarian aid mission
traveling in Oaxaca. Members of the European Parliament, who visited
the country in September to determine the status of the case, applauded
the detention but noted the justice system's continued failure to bring
the crime to trial.
The government generally showed respect for the desire of
indigenous persons to retain elements of their traditional culture. The
law provides for educational instruction in the national language,
Spanish, without prejudice to the protection and promotion of
indigenous languages. However, many indigenous children spoke only
their native languages. In practice education in indigenous languages
was limited by the lack of textbooks and teaching materials, as well as
by the lack of qualified teachers fluent in these languages.
During the year the CNDH received 27 complaints and issued two
recommendations on human rights abuses of the indigenous population.
Most complaints pertained to a lack of interpreters and discriminatory
practices by government officials.
NGOs such as Fray Bartolome de las Casas and International Service
for Peace reported that state authorities and nongovernmental actors
harassed and abused indigenous human rights defenders.
In June the Tlachinollan Mountain Human Rights Center in Ayutla de
los Libres, Guerrero, which reopened that month, reported security
threats, including instances of soldiers entering employees' homes
without a warrant (see section 1.f.).
In October 2010 the Inter-American Court of Human Rights ruled on
the cases of Organization of the Me'phaa Indigenous People members
Valentina Rosendo Cantu and Ines Fernandez Ortega, indigenous women
whom soldiers detained arbitrarily and raped in separate incidents in
2002. The court ordered the military to compensate the victims and
their families, who had complained of harassment and intimidation by
soldiers in the area since the court accepted the cases in 2006. In
August the military declined jurisdiction over the cases and the PGR
accepted jurisdiction. The federal government held a public ceremony in
December in honor of the victims, complying with one aspect of the
Inter-American Court ruling. The cases remained pending in federal
courts at year's end.
The OHCHR, as well as NGOs AI, International Service for Peace, and
the Network of All Rights for All, reported that Chiapas-based human
rights defender Margarita Martinez and staff members of NGO Fray
Bartolome de las Casas received death threats in November 2010 and
October 2011 in connection with their work on human rights for
indigenous groups in Chiapas. The group continued to receive
protection, including from police, as instructed by the IACHR.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While Mexican society
increasingly accepted the lesbian, gay, bisexual, and transgender
(LGBT) communities, the CNDH and the National Center to Prevent and
Control HIV/AIDS stated that discrimination based on sexual orientation
and gender identity persisted. In separate incidents during the year,
unknown assailants killed two prominent LGBT activists. Authorities in
both instances stated that the killings were ``crimes of passion''
within the gay community. Activists noted that this characterization
was misleading and oversimplified patterns of violence against LGBT
persons.
On May 3, Guerrero-based LGBT activist Quetzalcoatl Leija Herrera
was found beaten to death near the city of Chilpancingo's central
plaza.
On July 23, security guards discovered the body of Cristian Ivan
Sanchez Venancio in his home near the center of Mexico City. Sanchez, a
member of the Revolutionary Democratic Party's Coordinating Group for
Sexual Diversity and an organizer of Mexico City's annual LGBT Pride
Parade, was stabbed to death.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
The CNDH alleged in August that the PGR was withholding information
on a case in Tamaulipas in which 72 migrants were kidnapped from a bus
and killed, reportedly by TCO members, in August 2010. The CNDH claimed
the PGR's delay prevented them from making a recommendation. Another 50
migrants were reportedly kidnapped in Oaxaca in December 2010 by
unknown persons. While one individual was arrested in June in
connection with the Tamaulipas case, both cases remained under
investigation at year's end. These and other high-profile crimes
against migrants prompted the passage in May of a comprehensive
migration law intended to protect the human rights of migrants. At
year's end the government continued working with civil society groups
to define the implementing regulations for the law.
The INM operated 52 migrant detention centers. The CNDH had an
office in each of these facilities to monitor compliance for respect of
detainee human rights. During its April visit, however, the U.N.
Committee on the Protection of the Rights of All Migrant Workers and
Members of their Families expressed concern over the conditions and
treatment of migrants at the centers and recommended improving
facilities and investigating allegations of abuse by authorities.
There were no developments in the September 2010 deaths of two
suspected kidnappers in Asencion, Chihuahua, at the hands of a
vigilante mob.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
Federal law provides workers the right to form and join unions,
provides for the right to strike in both the public and private sector,
and protects the right to bargain collectively. However, the law places
several restrictions on these rights. The law does not prohibit
antiunion discrimination nor require reinstatement of workers fired for
union activity.
Although the law requires a minimum of only 20 workers to form an
independent union, it requires official recognition from the government
to register the union formally and establishes administrative
procedures for registration. The law prohibits the coexistence of two
or more unions in the same state agency. Article 372 of the labor law
bans foreign nationals from being members of trade union executive
bodies. It also includes an ``exclusion clause,'' which allows
employers to terminate the contract of an employee who quits the union.
During the year the Supreme Court of Justice determined that the
exclusion clause was unconstitutional; however, the law had not been
modified by year's end.
A union that has been established in accordance with its own bylaws
may call for a strike or bargain collectively. The government can grant
legal recognition to unions, a process known as ``toma de nota,''
either to union executive leaders individually or to the entire
executive committee. The law also limits the right to strike of a
number of public officials, including many that do not exercise
authority in the name of the government; restricts government
employees--including banking sector employees--from striking unless
there is a ``systematic violation of their rights"; and requires that a
two-thirds majority of workers in the relevant public service entity
must be in favor of a strike. Before a strike may be considered legal,
a union must file a ``notice to strike'' with the appropriate labor
authorities.
Although the law authorizes the coexistence of several unions, it
sets rules on which union has priority and limits collective bargaining
to the union that has the largest number of workers. Migrant workers
are excluded from relevant legal protections.
The government did not consistently protect these rights in
practice. Its general failure to enforce labor and other laws left
workers without much recourse with regard to violations of freedom of
association, working conditions, or other problems. Union organizers
from several sectors complained about the overt and usually hostile
involvement of the government when organizers attempted to develop
independent unions. The process for official government recognition of
unions was politicized, and the government occasionally used the
process to reward political allies or punish political opponents.
According to union organizers, government labor boards frequently
rejected union registration applications on technicalities. In
addition, independent union activists claimed that the requirement that
the government approve strikes in advance gave authorities the power to
show favoritism by determining which companies would be protected from
strikes.
Although few formal strikes occurred, in part because of the
numerous restrictions on strikes, informal stoppages of work by both
union and nonunionized groups were fairly common. According to union
activists, employers frequently did not attend conciliation meetings
between the parties as a stalling tactic.
Protection (company-controlled) unions continued to be a problem in
all sectors, and many observers noted that a majority of organized
workers belonged to unrepresentative unions. Officially sanctioned
``protection contracts"--formal agreements whereby the company created
an unrepresentative union in exchange for labor peace and other
concessions--were common in all sectors and often prevented workers
from fully exercising their labor rights as defined by law. These
contracts were often developed prior to the company hiring any workers
at a new job site and managed without direct input from workers.
Collective bargaining agreements resulting from protection contracts
usually failed to provide worker benefits beyond the legal minimum and
impeded the rights of independent unions to effectively and
legitimately bargain collectively on behalf of workers.
According to several NGOs and unions, many workers continued to
face intimidation during bargaining rights elections from other
workers, union leaders, or employers favoring a particular union. The
practice of a voice vote was declared illegal by the Supreme Court.
However, practices such as providing very limited notice prior to an
election and allowing management or nonemployees to vote were
increasingly common.
An October 31 election at the Telefonica-affiliated Atento Services
was cancelled due to reports of violence. Workers at the call center
were reportedly subjected to violence and intimidation by thugs outside
the voting place and prohibited from entering. Workers claimed that
they had planned to try to elect a nonprotection union, Telefonistas de
la Republica Mexicana. The vote was subsequently rescheduled for
November 9, and a protection union won. Workers sympathetic to
Telefonistas de la Republica Mexicana claimed that they were again
prohibited from voting.
Workers were reportedly expelled from official unions for trying to
organize their colleagues into separate, independent unions. The
``exclusion clause'' in law gave these unions the right to prevent the
formation of an authentic union by expelling agitators from the
``official'' union, thereby obliging the company to fire these
individuals. Some fired workers accused unions of harassment and
intimidation.
At the end of 2010, the offices of the Worker Support Center
(Centro de Apoyo al Trabajador--CAT) were looted and threatening
messages were targeted at employees in response to the CAT's efforts to
support workers at the Johnson Controls Interiors plant in Puebla. The
leader of CAT received death threats. By April the Johnson Controls
Interiors workers had ousted the ``protection union'' and signed a new
agreement that included a 7.5 percent wage increase and better working
conditions. However, CAT and its director continued to receive threats
during the year, and its offices were again robbed. Authorities
subsequently responded to the threats by instituting routine police
patrols by CAT offices and providing dedicated cell phones to the CAT
leadership in case of an emergency. The investigation continued at
year's end.
b. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits all forms of forced or compulsory labor, the government did
not effectively enforce such laws. Forced labor persisted in both the
agricultural and industrial sectors. Women and children were subjected
to domestic servitude. Migrants, including men, women, and children,
were the most vulnerable to forced labor.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 14 from working and allows
those between the ages of 14 and 17 to work limited daytime hours in
nonhazardous conditions, and only with parental permission.
The government did not effectively enforce such prohibitions.
According to sources including the International Labor Organization,
government enforcement was reasonably effective at large and medium-
sized companies, especially in factories run by U.S. companies, or the
``maquila'' sector, and other industries under federal jurisdiction;
inadequate at many small companies and in the agriculture and
construction sectors; and nearly absent in the informal sector, in
which most children worked. The labor inspection process is complicated
by complex divisions and a lack of coordination between federal and
state jurisdictions. The Secretariat for Social Development, the PGR,
and the National System for Integral Family Development all have
responsibility for enforcement of some aspects of child labor laws or
intervention in cases where such laws are violated. The Secretariat of
Labor and Social Security (STPS) is responsible for carrying out child
labor inspections.
The STPS was involved in programs that supported the elimination of
child labor and the improvement of conditions for legally working
minors. Beginning in September the STPS implemented a campaign in Baja
California to educate workers and employers about agriculture workers'
rights in 26 states. The STPS continued to work with global donors to
implement programs to combat child labor in the agriculture sector,
including in Michoacan, Veracruz, Chiapas, and Sinaloa. During the year
the Secretariat for Social Development and DIF carried out programs to
prevent child labor abuses and promote child labor rights, including
specific efforts to combat the commercial sexual exploitation of
children.
Child labor remained a problem. According to the most current
government child labor survey, conducted between 2007 and 2009 by the
National Institute of Statistics and Geography and the Ministry of
Labor, the overall child occupation rate (five to 17 years old) fell
from 12.5 percent to 10.7 percent, or approximately 3 million children.
Forty-two percent of child labor occurred in the livestock and the
agricultural sectors. Child labor in agriculture included the
production of melons, onions, sugarcane, tobacco, and tomatoes. Other
sectors with significant child labor included commerce, services,
manufacturing, and construction.
d. Acceptable Conditions of Work.--The minimum daily wage,
determined by zone, was 59.82 pesos ($4.29) in Zone A (Baja California,
Federal District, state of Mexico, and large cities); 58.13 pesos
($4.16) in Zone B (Sonora, Nuevo Leon, Tamaulipas, Veracruz, and
Jalisco); and 56.70 pesos ($4.06) in Zone C (all other states). Most
formal sector workers received between one and three times the minimum
wage. The National Council for Evaluation of Social Development Policy
estimated the poverty line at 64 pesos ($4.58) per day for 2011.
The law sets six eight-hour days and 48 hours per week as the legal
workweek. Any work more than eight hours in a day is considered
overtime, for which a worker receives double the hourly wage. After
accumulating nine hours of overtime in a week, a worker earns triple
the hourly wage; the law prohibits compulsory overtime. The law
includes eight paid public holidays, and one week of paid annual leave
after completing one year of work. The law requires employers to
observe occupational safety and health regulations, issued jointly by
the STPS and the Mexican Institute for Social Security. Legally
mandated joint management and labor committees set standards and are
responsible for overseeing workplace standards in plants and offices.
Individual employees or unions may complain directly to inspectors or
safety and health officials. By law workers may remove themselves from
hazardous situations without jeopardizing their employment.
The STPS is responsible for enforcing labor laws and employed 376
federal labor inspectors during the year, compared with 218 in 2007.
The STPS carried out regular inspections of workplaces, using a
questionnaire to identify victims of labor exploitation. Between
January and November, it undertook 56,390 inspections, including the
monitoring of industries identified as having a high incidence of child
labor (agriculture, coal mines, and construction work). These
operations identified 1,836 underage agricultural workers, removed
workers under age 14, and penalized employers with fines. According to
the STPS, training for labor inspectors included a program focused on
enforcement of labor laws in the agricultural sector, but there was no
program for labor inspections in the informal sector.
In practice workers often could not remove themselves from
hazardous situations without jeopardizing their employment. According
to labor rights NGOs, employers in all sectors sometimes used the
illegal ``hours bank'' approach--requiring long hours when the workload
is heavy and cutting hours when it is light--to avoid compensating
workers for overtime. In addition many companies evaded taxes and
social security payments by employing workers informally. The
Organization for Economic Cooperation and Development estimated that 43
percent of the workforce was engaged in the informal economy.
Environmental groups criticized the hazardous working conditions in
mines, including exposure to methane gas and mercury poisoning. For
instance, 14 workers were killed in a methane explosion on May 3, and
on August 26, four workers were killed while working in a coal mine in
Coahuila. The union blamed the incidents on a lack of sufficient safety
controls.
__________
NICARAGUA
executive summary
Nicaragua is a multiparty constitutional republic by law, but in
recent years political power has been concentrated in a single party,
with an increasingly authoritarian executive exercising significant
control over the legislative, judicial, and electoral branches. On
November 6, the Supreme Electoral Council (CSE) announced that Daniel
Ortega Saavedra of the Sandinista National Liberation Front (FSLN) had
been reelected as president in elections that international and
domestic observers characterized as seriously flawed. International and
domestic organizations also raised concerns regarding the
constitutional legitimacy of Ortega's reelection. Security forces
generally reported to civilian authorities, but in several instances
elements of the security forces acted independently of government
control.
The principal human rights abuses during the year were restrictions
on citizens' right to vote, violence against women, and police abuse of
suspects during arrest and detention.
Additional significant human rights abuses included occasional
unlawful killings by security forces; harsh and overcrowded prison
conditions; arbitrary and lengthy pretrial detention; widespread
corruption and politicization of the membership and actions of the CSE,
the Supreme Court of Justice (CSJ), and other government organs, as
well as a lack of respect for the rule of law by these bodies;
withholding of accreditation from election-monitoring nongovernmental
organizations (NGOs); and erosion of freedom of speech and press,
including government intimidation and harassment of journalists and
independent media. There were also reports of corrupt practices;
government harassment and intimidation of NGOs; trafficking in persons;
discrimination against ethnic minorities and indigenous persons and
communities; societal discrimination against and abuse of lesbian, gay,
bisexual, and transgender (LGBT) individuals; discrimination against
persons with HIV/AIDS; and violations of trade union rights.
The government occasionally took steps to prosecute officials who
committed abuses, whether in the security services or elsewhere in
government. However, impunity was a widespread problem.
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 committed arbitrary or unlawful killings.
However, security forces reportedly killed nine persons during the
year. Human rights organizations and independent media alleged that
four of these killings were politically motivated.
On February 14, in the department of Jinotega, unidentified gunmen
killed former contra leader Jose Gabriel Garmendia who in 2010 publicly
announced he had taken up arms against the government. Human rights
organizations attributed the killing to the Nicaraguan National Police
(NNP) or National Army Intelligence Forces. However, both entities
denied involvement. NGOs claimed that the NNP did not carry out a
proper investigation to determine responsibility for Garmendia's death
and alleged that the killing was politically motivated. There were no
additional developments by year's end.
On November 8, NNP officers killed three opposition supporters in
El Carrizo. Police officer Mauricio Jose Diaz Jimenez, along with
volunteer police officers Martin Ramirez Izaguirre and Pablo Alvarado
Espinoza, local FSLN political secretary Jesus Herrera, and local
Municipal Electoral Council member Eusedio Cruz Montenegro, were
allegedly intoxicated when they entered the home of opposition member
Jose Mercedes Perez Cruz Torrez, whom they killed. The group also
killed two of Torrez's sons, Elmer Torres Cruz and Josue Zael Perez
Torres, and wounded two others during the incident. Diaz, Izaguirre,
Alvarado, Herrera, and Montenegro were each charged with homicide in
the Criminal District Court of Madriz. The Nicaraguan Center of Human
Rights (CENIDH) argued that the charges should have included
assassination and torture. On November 11, the CENIDH sent the Inter-
American Commission on Human Rights a request for precautionary
measures to protect the family members of the deceased. At year's end
the request was pending.
b. Disappearance.--There were no reports of politically motivated
or other disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law prohibits such practices, there were
reports that police frequently abused suspects during arrest, used
excessive force, or engaged in degrading treatment. Between January and
September, the NGO Permanent Commission on Human Rights (CPDH) and
CENIDH received seven and five high-profile complaints, respectively,
against the NNP for excessive force, arbitrary detention, and cruel or
degrading treatment at prisons.
On September 23, police in Esteli arrested Faustino Alonzo Torres,
Timoteo Patron, and Alexander Torres for painting political opposition
graffiti in public spaces. The three individuals claimed that they were
detained by police for 34 hours, during which time they were mocked by
police, had water thrown on them for hours, endured sleep deprivation
and isolation, and were denied contact with family members. All claimed
that upon release NNP officers apologized and stated that the arrest
had been a mistake. Police later stated that the men were not subjected
to water exposure but did not comment on the other alleged actions.
Both the CENIDH and CPDH demanded an investigation. At year's end there
were no developments or reports of an investigation by the NNP.
On November 28, the daily newspaper La Prensa reported that Leonel
Santana Zambrana was arbitrarily arrested, severely tortured, and
forced to give false testimony implicating himself in a robbery and
accusing two others in a related killing. Santana alleged that police
tortured him and forced him to sign a false statement and videotape a
confession. Santana claimed he did not commit any crime and did not
know the individuals implicated by his statement. The NNP denied the
allegations, and Santana presented his complaint to the CENIDH. There
were no further developments at year's end.
Prison and Detention Center Conditions.--Minor renovations to
prison facilities were reported during the year, but prison conditions
continued to deteriorate due to antiquated infrastructure and
increasing inmate populations. According to the Strategic Studies and
Public Policy Institute (IEEPP), the country's eight prisons, designed
for fewer than 5,000 inmates, held approximately 7,200 prisoners. There
were approximately 3,500 inmates in La Modelo, the largest national
prison facility. Inmates suffered from parasites, inadequate medical
attention, frequent food shortages, contaminated water, and inadequate
sanitation. Family members, churches, and charitable organizations
provided some inmates with food and medical attention to mitigate harsh
conditions. The national budget allowed only 10 cordobas (approximately
$0.44) per prisoner per day for three meals and lacked an amount for
health care. The government permitted religious observance. Poor
conditions led to several prison riots throughout the year, most
notably in Bluefields, Chinandega, and Granada.
Conditions in jails and temporary holding cells were also harsh.
Most facilities were infested with vermin, physically deteriorated,
lacking in potable water, and equipped with inadequate ventilation,
electric, or sewage systems. There were no reports of detainee deaths
due to dangerous conditions, although many prisoners suffered
mistreatment from prison officials and other inmates. The National
Human Rights Institute (PDDH), the independence and effectiveness of
which was sometimes questioned (see section 5), received 37 complaints
related to prison conditions during the year. While this number was
less than that of 2010, there were no reported significant improvements
in the penitentiary system to which the decrease could be attributed.
On July 1, Pastor Escobar Duarte was shot and killed by inmate
Sanchez Bustos in La Modelo National Prison. According to the CENIDH,
the entry of firearms into prisons is generally very difficult without
some form of consent or support from prison authorities. The NNP stated
that they were investigating, but at year's end no information was
available. The CENIDH reported that it was denied access to the prison
to investigate.
On January 26, a district penal judge sentenced police and
prisoners convicted of the July 2010 rape of a young gay prisoner in
the Ometepe prison of Altagracia. Four prisoners involved were found
guilty of aggravated rape. The police officers originally charged as
accomplices were convicted of the lesser crime of cover-up, given
reduced sentences, and freed from prison.
Pretrial detainees often shared cells with convicted prisoners.
Juvenile prisoners also shared cells with adults due to overcrowding.
An October PDDH study of eight departmental penitentiary facilities
reported that approximately 74 percent of incarcerated adolescents who
were surveyed claimed to share cells with adult prisoners. On May 18, a
male minor being held in a temporary detention center in Bluefields was
raped by another detainee.
The CENIDH reported that suspects were regularly left in police
holding cells during their trials due to police negligence or a lack of
government funds to transport them to court. The government did not
take any steps to improve recordkeeping during the year. In May the
press reported that preventive holding cells in Granada held 147
prisoners, despite a capacity of only 80. This problem was particularly
serious in the North Atlantic Autonomous Region (RAAN) and the South
Atlantic Autonomous Region (RAAS), where the NNP estimated in 2010 that
93 percent of the inmates in preventive holding cells should be in the
National Penitentiary System. In March the press reported that
preventive holding cells in the RAAS capital of Bluefields held 120
prisoners but had a capacity of only 60. In 2010 the NNP stated that
the RAAN and the RAAS prison facilities had a capacity for 1 percent of
the country's total incarcerated population but held up to 11 percent.
Conditions for female inmates were generally better than those for
men but were nevertheless overcrowded and unhygienic. It was reported
that the National Women's Prison held approximately 180 women.
In certain instances the government restricted prisoners' access to
visitors, attorneys, physicians, and human rights officials. The
government frequently denied prison visits by local and international
human rights groups as well as the media. During the year authorities
denied the CENIDH access to facilities in Esteli and La Modelo when the
organization attempted to investigate reports of hazardous conditions.
Due to their lack of access, NGOs generally received complaints through
family members of inmates and often were unable to follow up on cases
until after the release of the prisoner.
The government allowed foreign consular officials to meet with
their imprisoned nationals. However, the NNP often failed to notify
foreign consular representatives of arrests. Instead virtually all
notifications came through friends or family members of the arrestees.
Prisoners and detainees were permitted to submit complaints to
judicial authorities without censorship and to request investigation of
credible allegations of inhumane conditions. However, complaints were
often ignored or not processed. The government ombudsman could serve on
behalf of prisoners and detainees to consider such matters as
alternatives to incarceration for nonviolent offenders, although this
generally did not occur in practice.
The extent to which the government monitored and investigated
prison conditions was unknown, but the government included funds in its
budget to improve prison and detention facilities. During the year the
government renovated prison facilities in Leon and approved a project
and granted land for construction of new prison facilities in
Bluefields.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention. However, the government and its agents did not
always comply with warrant requirements in searches, seizures, and
arrests. The CPDH reported a 40 percent increase during the year in
complaints of arrests and searches by police without proper warrants.
On September 23, police reportedly arbitrarily arrested, detained,
and then tortured four persons, three in Esteli (see section 1.c.) and
one in Managua.
On October 16, police in Ocotal allegedly arrested without a court
order five members of the political opposition group Youth Resistance
for National Dignity (REJUDIN). One member, Jairo Contreras, claimed
police took him to Managua, detained him for several hours, and
attempted to obtain information from him on REJUDIN's political
activities before releasing him without charges.
Role of the Police and Security Apparatus.--The president is
commander in chief of the NNP, which is administered by the Ministry of
Governance. The NNP forms a single force responsible both in law and in
practice for enforcing the law throughout the country and maintaining
internal security. The army is responsible for external security but
also has some domestic responsibilities, including combating drug
trafficking and the transportation of election-related materials,
including ballots. In December, amid civil unrest following the
November elections, the army began sending troops to the RAAN but
claimed this was part of a previously planned deployment. Civilian
authorities generally maintained effective control over the NNP and the
army and had mechanisms in place to investigate and punish abuse and
corruption. However, these mechanisms were rarely used in practice, and
there were numerous reports of impunity involving security forces.
The NNP Office of Internal Affairs, and to a lesser extent the
Office of the Inspector General, are responsible for investigating
police abuses; however, the slow pace of the justice system contributed
to a public perception of police impunity. During the year the Office
of Internal Affairs registered 1,826 complaints, investigated 1,740
cases of alleged abuse of authority or breach of duty, and dismissed
173 officers for police misconduct. In 2010, of the complaints filed
against police, approximately 73 percent pertained to human rights
violations, 14 percent to corrupt acts, and 13 percent to minor
offenses or infractions. The PDDH reported that the largest number of
complaints for alleged human rights violations received during the year
(1,291, or 66 percent of the total) was related to the NNP and that the
NNP had the highest rate of compliance with PDDH resolutions (61
percent). The government generally did not take action on complaints
against security forces.
NNP trainees must receive human rights instruction to graduate from
the police academy and must be annually recertified in human rights
awareness. In 2010 the police academy conducted human rights trainings
for 3,219 officers and trainees, of whom 641 received continuous or
follow-up training. This training reportedly continued during the year.
The PDDH reported conducting 31 training sessions on human rights with
the NNP and eight sessions with the army.
The constitution establishes the NNP as an apolitical, nonpartisan
institution protecting all citizens equally under the law. NGOs claimed
that in practice President Ortega continued to use his position as
commander in chief to politicize NNP affairs and threaten the
institution's professionalism. For instance, President Ortega's
extension of the term of the national chief of police, Aminta Granera,
through executive decree allegedly violated term limits prescribed in
law. NGOs and the press also alleged that the NNP provided preferential
treatment for progovernment and FSLN rallies (see section 2.b.).
Arrest Procedures and Treatment While in Detention.--Individuals
are apprehended openly. The law requires police to obtain a warrant
from a judicial authority prior to detaining a suspect and to notify
family members of the detainee's whereabouts within 24 hours. The law
mandates that a prosecutor accompany police making an arrest. However,
the CPDH claimed irregularities in arrest procedures (see section
1.d.). Detainees have the right to an attorney immediately following
their arrest. The state provides indigent detainees with a public
defender. In most instances detainees were informed of charges against
them. However, there were sometimes delays. Police may hold a suspect
legally for 48 hours before arraignment, when they must bring the
person before a judge. A judge then must order the suspect released or
transferred to jail for pretrial detention. In practice few prisoners
were held beyond the 48-hour deadline. After the initial 48 hours, the
suspect has access to bail, family members, and legal representation.
Arbitrary Arrest.--Arbitrary arrest continued to be a problem. On
March 2, police arrested four persons in Ocotal for hanging signs
protesting President Ortega's reelection campaign. Police released the
individuals several hours later without explanation or formal charges.
On April 16, police detained and threatened opposition party
members David Campos, Byron Rivas, and Marvin Parrales as they entered
a radio station to speak about opposition protests against President
Ortega's reelection. After leaving the station, the three were briefly
detained again and questioned by police but not formally charged.
Pretrial Detention.--Lengthy pretrial detention continued to be a
problem. In the RAAN and the RAAS, detainees often waited an average of
six months for their cases to be presented to a judge. Observers
attributed delays to limited facilities, an overburdened judicial
system, and high crime rates. No information was available on the
percentage of the prison population in pretrial detention or the
average length of time held.
Amnesty.--During the year the National Assembly received 59 pardon
requests and granted four.
e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, the judicial system remained susceptible to
corruption and did not function independently (see section 4). The law
requires CSJ vetting of new judicial appointments, a process often
based on nepotism, influence, or political affiliation. Once appointed,
many judges were subject to political and economic pressures that
affected their independence. NGOs complained of a delay of justice
caused by judicial inaction and widespread impunity, especially
regarding family and domestic violence and sexual abuse. During the
year the PDDH reported receiving 458 complaints (25 percent of the
total) concerning due process of law and 88 complaints related to
access to justice that involved the NNP, the judiciary, or the Ministry
of the Family, Adolescents, and Children (MiFamilia).
In May Fidel Moreno, FSLN political secretary for Managua, and
Daysi Torres, FSLN member and mayor of Managua, brought libel and
slander charges against Luciano Garcia and Leonel Teller, opposition
members and Managua city councilmen. In March Garcia had accused Moreno
of misappropriating municipal funds and requested an investigation of
multiple government officials, including Torres. In response Moreno and
Torres brought cases against both Garcia and Teller. NGOs considered
the trial a politically motivated attempt to discourage other citizens
from reporting official corruption. On June 27, a judge found Garcia
guilty and ordered him to pay a fine of 800,000 cordobas ($34,900) and
issue a retraction of his accusation. On September 21, Teller was also
found guilty and ordered to pay a fine of 376,000 cordobas ($16,400).
The civil society organization Movement for Nicaragua raised the money
to pay Garcia's fine, and Teller appealed his sentence. Teller's appeal
trial was scheduled for January 2012.
Trial Procedures.--Trials are public, and the law provides
defendants with the option of a jury trial. Defendants have the right
to legal counsel, and the state provides public defenders for indigent
persons. Defendants are presumed innocent until proven guilty and have
the right of access to all information and evidence registered with the
government, as well as the right to know why and how it was obtained,
but only during the discovery and trial phases, not during the pretrial
period. Defendants can confront and question witnesses and also have
the right to appeal a conviction. The law extends these rights to all
citizens regardless of gender, ethnicity, disability, or other status.
The courts continued to use the Napoleonic legal process for cases that
were initiated before December 24, 2002.
The country continued to lack an effective civil law system, with
the result that private litigants often filed cases as criminal
complaints to force one party to concede rather than face the prospect
of detention in jail. This civil-based criminal caseload continued to
divert resources from the overburdened Office of the Prosecutor.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The law provides that
individuals and organizations can file lawsuits seeking damages for
human rights violations before civil courts and also provides for
litigants to use mediation to resolve civil claims. In practice many
members of the judiciary did not render impartial judgments in civil
matters and were not independent of political or other influence. Due
to bureaucratic inefficiencies, litigants unable to resolve claims
through mediation often had to wait months or years for courts to
process their claims.
Property Restitution.--The government regularly failed to enforce
court orders with respect to seizure, restitution, or compensation of
private property. Illegal land seizures increased during the year,
including reports of government seizure without due process or fair
compensation.
In December the Municipality of Managua removed hundreds of tons of
gravel from a private property and seized private land from at least
one family without previous declaration of eminent domain or an offer
of fair compensation. There were no developments in either case at
year's end.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--While the law prohibits such actions, several domestic
NGOs alleged that the government monitored their e mail and telephone
conversations.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the government used administrative, judicial, and financial means to
limit the exercise of these rights. Although the law provides that the
right to information cannot be subject to censorship, it also
establishes retroactive liability, including penalties for libel and
slander. There were cases of individuals being charged or threatened
with libel and slander for speaking out against official corruption
(see section 1.c.).
Freedom of the Press.--Independent media were active and expressed
a variety of views. The government, however, sought to restrict media
freedom through harassment, censorship, arbitrary application of libel
laws, and use of national security justifications. Private individuals
also harassed media for criticizing the government. President Ortega
frequently utilized a law that allowed for government broadcasts of
emergency messages to force national networks to either broadcast his
speeches or temporarily cease other broadcasting during those times.
There were numerous allegations of politicized closures of
opposition radio stations or the cancellation of opposition radio
programs, particularly in Bluefields, Esteli, and Chinandega. Other
actions included vandalism, seizure of broadcast equipment, and slander
or defamation charges filed against media outlet owners or program
hosts. Opposition news sources reported that they were generally not
permitted to enter official government events and that if they were
allowed access, they were not permitted to interview officials.
NGOs claimed that President Ortega purchased numerous television
stations throughout the year, including Channel 13 and formerly state-
owned Channel 6, allegedly with state funds. The president installed
family members as owners of these stations and limited programming to
progovernment or FSLN propaganda and reelection advertisements.
Violence and Harassment.--Both of the largest daily newspapers, La
Prensa and El Nuevo Diario, claimed that government officials and
supporters intimidated their journalists and that CSJ and CSE officials
responded aggressively or refused to respond to questions about cases
involving the constitution, rule of law, and corruption. During the
year there were several reported cases of threats and/or violence
against the press.
On February 19, El Nuevo Diario journalist Luis Galeano and his
family received death threats over the telephone and by mail from
unknown individuals. Galeano claimed the threats were due to his
investigation into CSE officials' corruption, including CSE president
Roberto Rivas. Galeano filed a report with the NNP. However, at year's
end no action had been taken.
During August Jinotega-based journalist Silvia Gonzalez of El Nuevo
Diario and her family received death threats, which observers
attributed to her investigation into the killing of Jose Gabriel
Garmendia (see section 1.a.), as well as to her work on corruption in
the FSLN-controlled Jinotega city hall. Gonzalez identified her
assailants, allegedly FSLN supporters, to the NNP, which investigated
but made no arrests. Gonzalez left the country in September, claiming
that her life was in danger.
On October 21, alleged FSLN supporters attacked an opposition-
affiliated radio station in Rosita with homemade explosive devices. The
attack left two youths seriously wounded. There were no reports of an
NNP investigation by year's end.
Actions against La Prensa facilities related to a 2010 contract
dispute continued during the year. Reportedly with the support of FSLN-
affiliated union groups, the former service providers to La Prensa
demonstrated at the newspaper's facilities five times between January
and November; they also demonstrated on February 7 outside the
residence of the newspaper's general manager. The management of La
Prensa claimed that these demonstrations damaged the newspaper's
facilities and hindered circulation of the paper. According to
management, police did not intervene to protect the facilities.
Censorship or Content Restrictions.--The government continued to
exclude independent media outlets from all official media events and to
withhold government advertising contracts, instead funneling millions
of dollars worth of advertising funds and important public
announcements to official media outlets owned or controlled by the
Ortega family.
Publishing Restrictions.--The government continued to enforce the
controversial Law 528, or ``Ley Arce,'' which members of the press
claimed restricted the public's access to print media through the
establishment of high tariffs and bureaucratic delays on the
importation of ink, paper, machinery, and other printing necessities.
On February 3, shortly after El Nuevo Diario published a series of
articles on corruption in the government's tax agency, customs
officials blocked the importation of printing materials for the
newspaper. After significant pressure from domestic and international
human rights and press freedom organizations, the government released
the materials on February 8.
Internet Freedom.--There were no government restrictions on access
to the Internet or Internet chat rooms; however, several NGOs alleged
that the government monitored their e-mails. Individuals and groups
engaged in the expression of views via the Internet, including by e-
mail and through the use of social media.
Academic Freedom and Cultural Events.--There were no government
restrictions on cultural events. However, there were government
restrictions on academic freedom.
Throughout the year human rights NGOs and civil society groups
reported that students in K-12 public schools were forced to
participate in progovernment rallies during school. Teachers'
organizations and NGOs alleged FSLN interference in the school system
through the firing of non-FSLN teachers and their replacement with
party loyalists, use of school facilities as FSLN campaign
headquarters, favoritism shown to members of FSLN youth groups or
children of FSLN members, politicized issuance of scholarships, and use
of pro-FSLN education materials. Independent press and teachers' unions
reported that more than 3,000 teachers had been fired since 2006 for
political reasons. These groups voiced concern over the degradation of
educational freedom and quality due to political activities conducted
in schools during the year.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law recognizes the right to public assembly,
demonstration, and mobilization but mandates that demonstrators obtain
permission for a rally or march by registering its planned size and
location with the police. The CENIDH and CPDH reported that police
generally protected, or otherwise gave preferential treatment to,
progovernment FSLN demonstrations while disrupting or denying
registration for opposition groups. In many cases on-duty police did
not act to protect opposition protesters when progovernment supporters
harassed or attacked them.
NGOs and media reported several incidents of police abuse against
opposition rallies and civil society events. On April 2, NNP and FSLN
supporters blocked a march in Managua opposing the reelection of
President Ortega. Allegedly the NNP denied entry into the capital to a
number of the buses carrying opposition supporters for the march and
arrested and abused protesters.
Freedom of Association.--The law provides for freedom of
association, including the right to organize or affiliate with
political parties. However, the CSE and the National Assembly used
their accreditation powers for political purposes. CSE accreditation is
mandatory for political parties and election-monitoring organizations,
and the CSE withheld accreditation from election-monitoring NGOs in
some cases (see section 5). National Assembly accreditation is
mandatory for NGOs to receive donations.
c. Freedom of Religion.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. The government generally respected these rights in
practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) through humanitarian organizations,
such as the International Organization for Migration, in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Exile.--The law prohibits forced exile. The press reported a case
of self-imposed exile in August, in which a journalist fled the country
due to death threats from government supporters (see section 2.a.).
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. The National
Commission for Refugees--composed of six voting members (three
government ministries and three religious organizations) and five
nonvoting members from human rights NGOs--is the only entity that may
grant refugee status in the country. Asylum for political persecution
may be granted only by the executive branch or the country's embassies
abroad.
Durable Solutions.--According to a January UNHCR survey, the
government granted refugee status to 64 persons, and 12 persons sought
asylum.
Stateless Persons.--Citizenship is derived from birth within the
country's territory and from one's parents. Local civil registries
register births within 12 months. However, many persons, especially in
rural areas, lacked birth certificates. The government continued to
increase the registration of newborns through service desks in public
hospitals and through ``social-promoter'' programs that visited rural
neighborhoods.
Persons without citizenship documents were unable to obtain cedulas
(national identity cards). A June survey by M&R Consultants estimated
that 440,000 citizens, approximately12.5 percent of the eligible
population, lacked cedulas. Persons without cedulas had difficulty
participating in the legal economy, conducting bank transactions, or
voting and were subject to restrictions in employment, access to
courts, and land ownership. Women and children lacking cedulas were
reportedly more vulnerable to sexual exploitation by traffickers.
Civil society organizations continued to express concern about the
high cost and politicized distribution of cedulas, alleging that these
barriers were an FSLN attempt to manipulate the 2011 election and that
the CSE failed to provide cedulas to opposition members while widely
distributing them to party loyalists. The politicized granting of
cedulas led to several protests during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully; however, the government restricted the exercise of this
right in practice.
Elections and Political Participation.--Recent Elections.--On
November 6, President Ortega was reelected in elections that both
international and domestic observers characterized as highly irregular
and nontransparent. The EU, the Organization of American States (OAS),
and domestic observation missions reported significant concerns with
the CSE's approval of a disproportionate amount of FSLN poll watchers
and a denial of opposition party access to critical electoral stations.
The OAS expressed concern over irregularities related to the
accreditation of approximately 9,000 opposition poll watchers and
reported that OAS observers were denied access to several voting
centers.
The domestic observation group Ethics and Transparency reported
that up to 150,000 votes were fraudulently altered by the CSE to ensure
that the FSLN obtained an additional eight to 12 seats in the National
Assembly, which would assure the party's legislative control. Voting
results were not published by the CSE at the polling station level,
leading observation groups to deem the results unverifiable. Violence
related to the highly irregular nature of the elections left five
citizens dead, including three opposition members (see section 1.a.)
and two FSLN political secretaries in the RAAN.
Prior to the November elections, NGOs raised a number of concerns
about the electoral process, including the politicized issuance of
cedulas (see section 2.d.); preferential treatment of FSLN members at
voting centers, including the enrollment of underage FSLN voters;
threats against poll watchers of the observation group Institute for
Development and Democracy (IPADE); a series of new, restrictive
observation regulations issued by the CSE; and the CSE's denial of
official accreditation to several domestic electoral observation
groups.
On April 5, President Ortega issued a decree redistricting three
municipalities from the RAAS to the neighboring pro-FSLN department of
Chontales. Opposition parties, constitutional experts, and electoral
observers labeled the decree illegal, as it lacked the mandated
legislative approval, and declared it politically motivated, as it
reapportioned votes to benefit the FSLN in the November election. The
decree was under appeal at year's end, but it was reported that the
votes of the three municipalities were included with Chontales in the
election.
Political Parties.--The FSLN used state resources for political
activities to enhance its electoral advantage. Press and opposition
groups stated that the CSE's annulment of several opposition
candidacies for the National Assembly during the year was illegal. They
alleged that the CSE annulled the candidacies to give an advantage to
the president's campaign and FSLN candidates.
Opposition parties, human rights groups, and international and
domestic observation organizations expressed concern over a pending CSJ
case on the legal status of the main opposition party, the Independent
Liberal Party (PLI). They claimed that the case could illegally annul
the elections of some, or all, of the PLI's elected National Assembly
candidates and represented a severe affront to the electoral process.
There were no further developments by year's end.
The FSLN made party membership mandatory for most public sector
employees. The CPDH reported that employees in various state
institutions were required to affiliate with the FSLN and that to apply
for a government position, an applicant must receive a written
recommendation from the FSLN (see section 7.b.). The Democratic
Federation of Public Sector Workers (FEDETRASEP) also received reports
that the FSLN automatically withdrew party dues from the paychecks of
state employees.
Participation of Women and Minorities.--There were 19 women in the
92-seat National Assembly, four women in the 16-member CSJ, and 11
women in 29 cabinet-level posts. Eight persons from indigenous and
other ethnic groups were deputies 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 frequently engaged in corrupt practices with impunity.
In the executive branch, officials dispensed funds outside the
normal budgetary process controlled by the legislature. Officials drew
funds from economic and developmental assistance loaned by the
Venezuela-led Bolivarian Alliance for the Peoples of Our America (ALBA)
with the claim that funds were part of a joint venture between the
state-owned oil companies of Venezuela and Nicaragua. Media reported
that ALBA-funded contracts were awarded to companies with ties to the
Ortega family and noted that the funds from Venezuela, which totaled
approximately $500 million annually, served as a separate budget
tightly controlled by the FSLN without public oversight.
During the year the press reported numerous corrupt practices by
CSE president Roberto Rivas, including alleged involvement in fraud and
embezzlement of public funds. Members of the press who investigated
corruption surrounding Rivas were subject to death threats (see section
2.a.). On October 26, the Public Ministry and electoral prosecutor
stated that there was not enough evidence with which to charge Rivas,
and the case was archived.
Independent media, human rights groups, and opposition parties
reported that President Ortega's administration blurred distinctions
between the FSLN and the government through its use of FSLN-led Citizen
Power Councils (CPCs). The government administered subsidized food,
housing, vaccinations, and other government benefits directly through
CPCs, which reportedly coerced citizens into FSLN membership and often
denied services to opposition members. Persons seeking to obtain or
retain public sector employment, national identity documents, or voter
registration were obliged to obtain recommendation letters from CPC
block captains.
The courts remained particularly susceptible to bribes,
manipulation, and other forms of corruption, especially by political
parties and drug cartels, and there were reports that politics
influenced CSJ rulings (see section 6). There were reported cases of
drug traffickers being declared innocent by corrupt judges,
particularly in Granada.
On October 11, magistrates of the CSJ reelected their president and
vice president, allegedly without the legally required presence of a
majority of members.
In October 2010 lawmakers created the Administrative Unit of
Seized, Forfeited, and Abandoned Goods under the Ministry of Finance
and Public Credit, responsible for the reception, administration,
auction, and donation of seized goods. However, the IEEPP reported a
lack of accountability for the goods, including money and jets, seized
by the unit and noted that legal gaps enabled corruption in the unit.
Public officials were subject to financial disclosure laws, and the
Office of the Comptroller is responsible for combating corruption.
Although the law mandates public access to government information and
statistics, it was rarely applied. Generally no reason was given for
denial of access. Some government agencies stated they would respond
later with the information but rarely did. Government Web sites
frequently did not contain financial disclosure information or it was
not current. An appeal mechanism existed if authorities denied or
ignored an information request, but it was slow and burdensome.
At year's end the CSJ had still not responded to CPDH information
requests or to the case filed by the CPDH regarding the 2008 municipal
elections.
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 in the country. Organizations dedicated to humanitarian
activities generally operated without restriction. However, government
officials harassed and intimidated domestic and international NGOs that
were critical of the government or the FSLN. Some NGOs continued to
report that intimidation by government officials created a climate of
fear intended to suppress criticism. The government continued to
prevent non-FSLN-affiliated NGOs and civil society groups from
participating in government social programs, such as ``Programa Amor''
and Zero Hunger, and frequently used FSLN-controlled CPCs to administer
these programs.
The government denied accreditation to observe the 2011 national
elections to the domestic observation groups IPADE and Hagamos
Democracia. In previous elections these two groups had been critical of
government and FSLN actions. The CSE denied accreditation to Hagamos
Democracia, claiming that individuals on its executive board were paid
members of the PLI, but gave no explanation for denying IPADE.
Domestic NGOs who were under investigation reported problems in
access to the justice system and delays in filing petitions. Many
believed that comptroller and tax authorities audited their accounts as
a means of intimidation. NGOs reported difficulties in scheduling
meetings with authorities and in receiving official information due to
a growing culture of secrecy.
NGOs reported being met with hostility or aggression when
questioning or speaking with officials on subjects such as corruption
and rule of law. In June IPADE domestic observers were allegedly
threatened by progovernment supporters and interrogated by police.
Government Human Rights Bodies.--The government maintained a human
rights ombudsman in the PDDH. The term of the ombudsman ended in 2009.
However, in April 2010 President Ortega extended the incumbent's term
indefinitely, as well as the terms of 25 members of the PDDH, without
constitutional authorization. The action led the CPDH and CENIDH to
label the PDDH as illegitimate and increasingly politicized. The CPDH
stated that PDDH employees were forced to attend FSLN campaign rallies,
and the CENIDH claimed that PDDH observers in the November presidential
elections were not impartial. The public generally viewed the PDDH as
politicized and ineffective.
The PDDH reported receiving a total of 3,358 complaints, as well as
investigating and ruling on 1,054 of those cases (and referring the
remainder to other agencies). Of those investigated, the PDDH claimed
to have found proof of violations in 247 cases and that public
institutions complied with 315 resolutions of the total resolutions it
issued. The PDDH reported conducting 195 workshops and other training
on human rights to both government workers and the general population.
The National Assembly operated a human rights committee focused
primarily on amnesties and pardons. Civil society organizations viewed
the committee as deadlocked by partisan political forces and not
credible.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, gender,
disability, language, or social status. In practice the government
often did not enforce these legal prohibitions, and aggrieved persons
filed few discrimination suits or formal complaints.
Women.--Rape and Domestic Violence.--The law criminalizes all forms
of rape, regardless of the relationship between the victim and the
accused. However, the government failed to enforce the law effectively,
leading to widespread impunity and increased violence. Sentences for
those convicted of rape were a minimum of eight years and a maximum of
12 years, or 15 in cases of aggravated rape. Many women were reluctant
to report abuse due to social stigma, fear of retribution, impunity for
perpetrators, and loss of economic security. During the year the NNP
reported a general increase in sexual crimes against women, including
1,105 cases of rape and aggravated rape, 790 cases of rape of a minor,
and 918 cases of sexual abuse. There were no statistics available on
prosecutions, convictions, or punishment.
The law requires female victims of sexual crimes to undergo a
medical examination by CSJ forensic specialists before proceeding
legally against alleged perpetrators. However, the lack of female
forensic doctors often deterred women from doing so. Rape victims were
often unaware or uninformed about the procedures required to process
their cases officially, meaning that often they did not receive the
necessary examinations in sufficient time.
The law criminalizes domestic violence and provides prison
sentences ranging from one to 12 years. The law also provides for the
issuance of restraining orders. NGOs asserted that victims of violence
did not have reasonable access to justice. In October the Women's
Autonomous Movement reported that only an estimated 15 percent of cases
went to court, while the majority were resolved through mediation,
which was often ineffective and led to patterns of abuse and impunity.
Violence against women remained high during the year, according to
domestic and international NGO reports. The Women's Network Against
Violence (RMCV) reported that over the past six years, the rate of such
violence more than tripled with an increase in the severity of the
crimes. The Ministry of Health (MINSA) reported that in Managua cases
of violence against women tripled from 110 in 2010 to 338 in 2011. On
December 1, the National Assembly approved legislation to combat
violence against women and increase sentences for convictions.
During the first half of the year, the NNP reported 2,013 cases of
domestic violence, compared with 2,943 reported for all of 2010.
The RMCV found that more than 72 percent of crimes against women
went unpunished and that attackers and abusers with political
connections enjoyed impunity.
On July 22, the CSJ reduced the sentence of convicted rapist and
FSLN member Farington Reyes, who was found guilty of the rape of his
coworker, Fatima Hernandez. The press, women's groups, and human rights
organizations alleged that the sentence reduction was a result of
Reyes' familial ties to high-ranking FSLN members and government
officials. On November 22, the CSJ granted Reyes house arrest for the
remainder of his sentence.
The RMCV reported that 74 women were killed during the year, many
of whom were also raped, beaten, maimed, or mutilated. By year's end
courts convicted only seven individuals for such killings.
Recent increases in violence against women as well as the reporting
of it were attributed to a higher frequency of occurrence and, in the
case of reporting, to a greater public willingness to come forward, due
in part to increased public awareness campaigns by the NNP and women's
rights organizations. These campaigns and activities were instrumental
in raising public awareness and helping domestic abuse victims.
During the year 54 NNP women's commissariats operated in the
country, 16 more than in 2010. Commissariats provided social and legal
help to women, mediated spousal conflicts, investigated and helped
prosecute criminal complaints, and referred victims to other
governmental and nongovernmental assistance agencies. However,
commissariats often lacked sufficient equipment and funding to
discharge their responsibilities adequately. One government-operated
shelter dedicated to female victims of violence or abuse opened during
the year, and there were 10 nongovernmental women's shelters.
Sexual Harassment.--The law prohibits sexual harassment, and those
convicted face between one- and three-year prison terms, or three- to
five-year sentences if the victim is under 18. The NNP reported 201
cases of sexual harassment during the year.
Reproductive Rights.--MINSA's family-planning norms provide couples
and individuals with 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. Access to information
on contraception and skilled attendance at delivery and in postpartum
care were more available in urban areas but have improved in remote
areas, such as the Atlantic coast. Seventy-four percent of births were
attended by skilled personnel. Women generally received better access
than men to diagnostic services and treatment for sexually transmitted
infections because of NGO efforts and government campaigns dedicated to
women's reproductive health. A 2011 Population Reference Bureau report
indicated that 72 percent of married women ages 15 to 49 used a modern
contraceptive method and that the gap between urban and rural users had
decreased.
Women in some areas, such as the RAAN and the RAAS, did not have
widespread access to medical care or programs, and maternal death was
more likely to affect poor rural women than their urban counterparts.
MINSA noted a general downward trend in maternal mortality since 2006.
However, 2010 MINSA data indicated that there were approximately 67
maternal deaths per 100,000 live births, a slight increase over the
2009 rate of approximately 60. Most of the women who died in childbirth
were older than 35 years or adolescents who lived in rural areas.
Discrimination.--The law provides equality for both genders,
including within the family and workplace and for property ownership.
The NNP Office of the Superintendent of Women is responsible for
enforcing gender-specific laws. However, women often experienced
discrimination in employment, credit, and pay equity for similar work,
as well as in owning and managing businesses. Women earned 47 percent
less than men for equal work, although the wage gap has decreased over
the past three years. Women were much less likely to be senior
officials or managers. In practice authorities often discriminated in
property matters against poor women who lacked birth certificates or
cedulas. The Office of the Human Rights Ombudsman's Special Prosecutor
for Women and the Nicaraguan Women's Institute, the government entities
responsible for protecting women's rights, had limited effectiveness.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory and from one's parents. MiFamilia, the
Civil Registry and, to a lesser extent, the CSE are the agencies
responsible for registering births (see section 2.d.) but did not make
data available.
Child Abuse.--The NNP reported that during the first half of the
year authorities received 1,932 complaints of sex crimes against
adolescent girls and processed 516. At year's end the NNP reported that
approximately 42 percent of total rape cases involved minors.
Local leaders in Monkey Point in the RAAS alleged that military
personnel stationed there regularly sexually harassed local girls,
provided them with alcohol, and raped 13 girls between the ages of nine
and 16. Military officials denied the claims and charged a local leader
of Monkey Point with libel and slander. At year's end there was no
reported investigation into the allegations against the military
personnel, and the libel and slander charges were pending.
Programa Amor, the government child-welfare program launched in
2007, was designed to end child labor and homelessness, but numerous
NGOs stated that the lack of public information on the program and the
difficulties in conducting a census of homeless and working children
made it difficult to assess the program's effectiveness.
Child Marriage.--While child marriage was uncommon, it existed in
some rural areas. There were no reported government efforts to combat
it. With parental authorization, the minimum legal age for marriage is
14 for girls and 15 for boys; without such authorization it is 18 and
21, respectively.
Sexual Exploitation of Children.--The law prohibits adults from
promoting or participating in child prostitution, but it remained a
problem. Several NGOs reported that sexual exploitation of young girls
was common, as was the prevalence of older men (including foreigners)
who exploited young girls under the guise of providing them support.
Penalties include four to 10 years in prison for a person who entices
or forces a child under age 12 to engage in sexual activity, and one to
five years in prison for the same acts involving persons between the
ages of 12 and 18. The law defines statutory rape as sexual relations
with children who are 13 or younger, and there is no law prohibiting
prostitution by juveniles 14 years of age or older. The NNP reported
500 cases of statutory rape and aggravated statutory rape during the
year. A June study by the CSJ Institute for Forensic Medicine found
that in cases of rape of a minor, persons known to the victim committed
88 percent of the rapes.
The law also prohibits promoting, filming, or selling child
pornography, and the government generally enforced this law. The
penalty for an individual convicted of inducing, facilitating,
promoting, or using a minor younger than 16 for sexual or erotic
purposes, or forcing such a person to watch or participate in such an
act is five to seven years in prison. If the victim is older than 16
but under 18, the penalty is reduced to four to six years in prison.
The country was a destination for child sex tourism. There were
anecdotal reports of child sex tourism in the Granada, Rivas, and
Managua Departments. However, there were no officially reported cases
during the year. The law imposes a penalty of five to seven years in
prison for convicted child sex-tourism offenders.
International Child Abductions.--The country is a signatory to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community numbered fewer than 50. There
were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities, but in practice such discrimination was widespread in
employment, education, access to health care, and the provision of
state services. Laws related to persons with disabilities did not
stipulate penalties for noncompliant companies, although penalties may
be issued under the general labor inspection code. MiFamilia, the
Ministry of Labor (MITRAB), and the PDDH are among government agencies
responsible for the protection and advancement of rights for persons
with disabilities. The government did not effectively enforce the law
with regard to the protection of such individuals; did not mandate
accessibility to buildings, information, and communications for them;
and did not make information available on efforts to improve respect
for their rights. Independent media reported that fewer than 1 percent
of public sector employees were persons with disabilities, although
that percentage is mandated by law, and that public institutions lacked
coordination with the MITRAB regarding rights for persons with
disabilities.
Persons with disabilities continued to have problems accessing
schools, public health facilities, and other public institutions.
Complaints continued regarding the lack of a handicap-accessible public
transportation system in Managua. The government launched a fleet of
110 new buses during the year, some of which were handicap-accessible.
However, in October La Prensa reported that only one of the handicap-
accessible buses was operating and that bus stop facilities were not
handicap-accessible.
Government clinics and hospitals provided care for veterans and
other persons with disabilities, but the quality of care was generally
poor.
The 2011 World Health Organization World Report on Disability
estimated that only 0.40 percent of persons with disabilities attended
compulsory elementary education. In 2010 MINSA reported that only one
out of five students with disabilities finished primary school.
National/Racial/Ethnic Minorities.Various indigenous and other
ethnic groups from the RAAN and RAAS attributed the lack of government
resources devoted to the Atlantic coast to discriminatory attitudes
toward the ethnic, racial, and religious minorities in those regions.
While the racial makeup of the RAAN and RAAS historically has been
black and Amerindian, increasing migration from the interior and
Pacific Coast of the country made these groups a minority in many
areas.
Exclusionary treatment based on race, skin color, and ethnicity was
common, especially in higher-income urban areas. Darker-skinned persons
of African descent from the RAAN and RAAS, along with others assumed to
be from those areas, experienced discrimination, such as extra security
measures and illegal searches by police.
Information on government efforts to address discrimination based
on skin color, race, or ethnicity was not available.
Indigenous People.--Indigenous persons constituted approximately 5
percent of the country's population and lived primarily in the RAAN and
RAAS. They were not always participants in decisions affecting their
lands, cultures, and traditions, or the exploitation of energy,
minerals, timber, and other natural resources on their lands.
Individuals from five major indigenous groups--the Miskito, Sumo/
Mayangna, Garifuna (of Afro-Amerindian origin), Creole, and Rama--
alleged government discrimination through underrepresentation in the
legislative branch.
Indigenous persons from rural areas often lacked birth
certificates, cedulas, and land titles. Although they formed political
groups, these often held little sway and were ignored or used by major
national parties to advance their own agendas. Most indigenous persons
in rural areas lacked access to public services, and deteriorating
roads made medicine and health care almost unobtainable for many. The
rates of unemployment, illiteracy, and absenteeism of school-age
children were among the highest in the country. Some indigenous groups
continued to lack educational materials in their native languages and
relied on Spanish-language texts provided by the national government.
At year's end there was no new information available on government
action to meet the 2008 request by the U.N. Committee on the
Elimination of Racial Discrimination to develop a national strategy to
combat racism and forge a new relationship with indigenous and ethnic
minority communities.
NGOs and indigenous rights groups claimed that the government
failed to protect the civil and political rights of indigenous
communities. Indigenous women faced multiple levels of discrimination
based on their ethnicity, gender, and lower economic status. The
National Commission of Demarcation and Titling, Attorney General's
Office, and Nicaraguan Institute of Territorial Studies generally
failed to effectively demarcate indigenous lands, and the CENIDH
denounced an atmosphere of impunity and corruption in the territorial
demarcation process.
On July 25, RAAS community leader Rodney Downs Francisco was killed
two days after stating his intent on a local radio station to file a
land claim in the Awaltara Territory. The press alleged that local
politicians who desired control of the same lands arranged to have
Downs killed. Four suspects were arrested, and the case remained
pending at year's end.
On September 21, Ronald Davis Martinez was killed after filing a
complaint against an allegedly illegitimate communal government in the
Awaltara Territory. Independent press and RAAS indigenous leaders
alleged that the killing was ordered by local politicians with economic
interests in the territory. By year's end no arrests had been made.
Some indigenous communities in the RAAN and the RAAS continued to
complain that authorities excluded them from meaningful participation
in decisions affecting their lands and natural resources.
Representatives of autonomous regions and indigenous communities
regularly noted that the government failed to invest in infrastructure.
Throughout the year indigenous leaders alleged that logging concessions
were granted to private firms and government-affiliated businesses,
such as ALBA-Forestal, by the regional and national governments in
violation of national autonomy laws in the RAAS and RAAN.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although sexual orientation is
not mentioned specifically, the law states that all persons are equal
before the law and provides for the right to equal protection. LGBT
persons continued to face widespread societal discrimination and abuse,
particularly in employment, housing, and education. While the special
prosecutor for sexual diversity was active throughout the year in
education, information collection, and collaboration with NGO efforts,
the LGBT community generally believed that the office had insufficient
resources. In May the press reported that a young woman was killed in
Jinotega, allegedly because of her sexual orientation.
In 2010, 1,291 complaints of discrimination based on sexual
orientation were filed with the NNP, Social Security Institute, MINSA,
and MiFamilia.
Other Societal Violence or Discrimination.--The law provides
specific protections for persons with HIV/AIDS against discrimination
in employment and health services. However, persons with HIV/AIDS
continued to suffer societal discrimination based on their alleged
serological status. A lack of awareness and education among health-care
professionals and the public persisted regarding the prevention,
treatment, and transmission of HIV/AIDS, leading to social stigma.
However, several NGOs that worked to educate communities regarding HIV/
AIDS discrimination claimed that public awareness of it increased
during the year.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of all public and private sector
workers, with the exception of those in the military and police, to
form and join independent unions of their choice. The constitution
recognizes the right to strike, although it places some restrictions on
this right. The law provides for the right to bargain collectively and
prohibits antiunion discrimination. Workers are not required to notify
their employer or MITRAB of their intention to organize a union, and
the law allows unions to conduct their activities without government
interference.
Burdensome and lengthy labor code conciliation procedures impeded
workers' ability to call strikes. In addition, if a strike continues
for 30 days without resolution, MITRAB has authority to suspend the
strike and submit the matter to arbitration. The International Labor
Organization (ILO) continued to note that this provision limits the
right to strike and called for the law to be amended.
A collective bargaining agreement cannot exceed two years and is
automatically renewed if neither party requests its revision. Companies
in disputes with their employees must negotiate with the employee
union, if one exists. By law several unions may coexist at any one
enterprise, and the law permits management to sign separate collective
bargaining agreements with each union.
The law establishes fines against employers who violate labor
rights by engaging in antiunion discrimination, such as interfering
with the formation of unions or strikebreaking. Although employers must
reinstate workers fired for union activity, MITRAB may not legally
order employers to rehire fired workers, which requires a judicial
order. The law allows employers to obtain permission from MITRAB to
dismiss any employee, including union organizers, provided the employer
agrees to pay double the usual severance pay.
With some exceptions the government generally protected the right
of collective bargaining and often sought to foster resolution of labor
conflicts through informal negotiations rather than formal
administrative or judicial processes. Although the law establishes a
labor court arbitration process, long waiting times and lengthy,
complicated procedures detrimentally affected court-mediated solutions,
and many labor disputes were resolved out of court. MITRAB claimed 88
percent of cases resulted in a ruling favorable to the worker. However,
labor and human rights organizations continued to allege that rulings
were often unfavorable to the petitioner.
There were reports that the government interfered in union
activities and some employers engaged in antiunion discrimination with
impunity. Most labor unions were allied with political parties. There
continued to be reports of government interference in union activities
in the public sector, including illegal dissolution of unions and
firing of workers not associated with the ruling FSLN party. FEDETRASEP
reported that since 2007 there have been 128 unions illegally disbanded
by government ministries. Former ministry employees and human rights
and labor organizations alleged that pro-FSLN public sector unions used
intimidation and coercion to recruit new members. Union leaders
asserted that employers and union leaders who supported the Ortega
administration continued to pressure workers affiliated with non-FSLN
unions to resign and register with FSLN unions.
Politically motivated firings of workers continued to be a problem.
According to FEDETRASEP, since 2007 more than 21,000 public sector
employees were fired without just cause or due process of law.
FEDETRASEP reported more than 673 million cordobas ($29.4 million) in
unpaid severance benefits to the unjustly fired public sector
employees. FEDETRASEP reported that the firings were carried out for
political reasons, such as refusal of the worker to join the FSLN or
participate in FSLN demonstrations, and alleged that a letter of
recommendation was required by CPC coordinators or other party
officials to obtain a public sector job.
On February 15, two members of the Trade Union Confederation (CUS)
alleged that NNP officials forcibly took their CUS union cards from
them and gave them union membership cards for the FSLN-affiliated
National Workers Front union. The police allegedly told the two
individuals that they were following orders from superiors.
MITRAB often declared strikes illegal, even when workers followed
legal strike procedures. Wildcat strikes--those in which workers
engaged without union authorization--were common, the most notable
being among taxi drivers and other transportation workers, especially
in Managua, Leon, and the RAAN. During a strike employers cannot hire
replacement workers. However, unions alleged that this practice was
common.
In practice employers often did not reinstate workers fired for
union activity, or pay severance. Labor leaders complained that
employers routinely violated collective bargaining agreements and labor
laws with impunity. Labor organizations deemed that the fines for
antiunion discrimination were not severe enough to prevent abuses. Many
employers in the formal sector continued, with impunity, to blacklist
or fire union members and delay severance payments to fired workers,
especially public sector employees, or omit the payments altogether.
Employers also avoided legal penalties by organizing employer-led
unions that lacked independence and frequently using contract workers
to replace striking employees. There were reports of party dues being
automatically withdrawn from paychecks.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. There were no reports of
government enforcement of these laws. However, civil society groups
reported an increase in government activities against trafficking in
persons. There was one case of forced labor reported to the NNP during
the year, in which an 11-year-old girl in Bluefields was allegedly
forced into domestic servitude and sexually exploited. The case was
being prosecuted by the Prosecutor General's Office at year's end.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law establishes the minimum age for employment at 14 and limits the
workday for any individual between ages 14 and 18 to six hours and the
workweek to 30 hours. Those between 14 and 16 years must have parental
approval to work or to enter into a formal labor contract. The law
prohibits teenage domestic workers from sleeping in the houses of their
employers. It is also illegal for minors to work in places that MITRAB
considers harmful to their health or safety, such as mines, garbage
dumps, and night-entertainment venues, as well as various forms of
agricultural work. The law also provides for eight-year prison terms
and substantial fines for persons employing children in dangerous work
and permits inspectors to close those facilities.
The government did not provide adequate resources for MITRAB to
enforce the law effectively, especially in the informal sector. MITRAB
reported conducting 48 inspections in bars, night clubs, and massage
parlors in Managua, Granada, and Masaya, as well as 18 inspections of
mines in Masaya. In the first six months, MITRAB reported conducting
761 special child labor inspections, resulting in 148 children detected
and removed from the workplace. MITRAB also reported that it provided
education on labor rights to 1,371 children during the coffee harvest
season as part of the Coffee Harvest Free of Child Labor Program
(Programa Cosecha Cafetalera, Libre de Trabajo Infantil). The
government continued activities to incorporate working adolescents into
the formal workforce by transferring children above the legal working
age from the worst forms of child labor into nondangerous jobs,
specifically through targeted initiatives in the coffee sector.
A 10-year plan (2007-16) to end child labor was in place, to be
carried out by the National Commission for the Progressive Eradication
of Child Labor and Adolescent Worker Protection (CNEPTI). The plan
requires all government programs to include child-labor prevention and
eradication initiatives. However, the organizations that consititute
CNEPTI last convened in 2009, and most NGOs considered it to be
ineffective. The government continued Programa Amor, which aimed to
eradicate child labor by reintegrating abandoned children into society.
Information on the program's activities, funding, and effectiveness
remained unavailable (see section 6, Children).
Child labor was a widespread problem. The most recent available
national survey of adolescent and child labor (2005) estimated that
there were approximately 239,000 working children between five and 17
years old, of whom 36 percent were younger than 14 years of age.
Most child labor occurred in the large informal sector, including
on coffee plantations and subsistence farms, and in forestry and
fishing. Children also worked in the production of sugarcane and
crushed stone and to a lesser extent in the production of bananas and
tobacco. Child labor also occurred in the production of dairy, orange,
African palm, sugarcane, cattle raising, street sales, garbage-dump
scavenging, and transport. According to the ILO, children engaged in
the worst forms of child labor in plantation agriculture, shellfish
harvesting, pumice and limestone quarrying, gold mining, industrial
manufacturing, construction, commercial/retail, hospitality, and as
domestic servants.
Children working in agriculture suffered from sun exposure, extreme
temperatures, and dangerous pesticides and other chemicals. Children
working in the fishing industry faced polluted water and dangerous
ocean conditions.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The national minimum wage law
establishes a statutory minimum wage for 10 economic sectors. It is
calculated differently for each sector, and the average was 2,918
cordobas ($127) per month. The government implemented two increases to
the minimum wage during the year, 7 percent in February, and 6 percent
in August. The National Institute of Development Information reported
that in 2005 extreme poverty corresponded to an annual income of 3,928
cordobas ($171) and regular poverty to an annual income of 7,155
cordobas ($312).
The standard legal workweek is a maximum of 48 hours, with one day
of rest. Labor law dictates an obligatory year-end bonus equivalent to
one month's pay, proportional to the number of months worked. There are
10 paid national holidays per year. The law mandates premium pay for
overtime and prohibits compulsory overtime. The law establishes
occupational health and safety standards and mandates the creation of
regional offices for the National Council of Labor Hygiene and Safety.
The council is responsible for worker safety legislation and
collaboration with other government agencies and civil society
organizations in developing assistance programs and promoting training
and prevention activities. The law provides workers with the right to
remove themselves from dangerous workplace situations without
jeopardizing continued employment, but many workers were unaware of
this right due to the lack of government dissemination of information.
In general the minimum wage was enforced only in the formal sector
and was thus applicable only to approximately one-third of the working
population. MITRAB maintained a hotline for complaints of labor
violations and reported receiving 3,600 calls in the first six months
of the year. MITRAB is the primary enforcement agency, but the
government did not allocate adequate staff or resources to enable the
Office of Hygiene and Occupational Safety to enforce occupational
safety and health provisions. Established penalties were generally
sufficient to deter violations.
Legal limitations on hours worked were often ignored by employers
who claimed that workers readily volunteered for extra hours for
additional pay. A local NGO reported numerous cases of workers being
denied annual bonuses mandated by law and two cases of municipalities
that did not comply with collective bargaining agreements. Violations
of wage and hour regulations were common and generally not investigated
in the large informal sector, particularly in street sales, domestic
work, and agriculture. Compulsory overtime was reported in the private
security sector where guards were often required to work excessive
shifts without relief.
During the first six months of the year, MITRAB reported conducting
5,801 health and safety inspections and registered 3,709 workplace
accidents, including 21 registered deaths. According to data submitted
to the ILO, the government reported that in 2010, 99 labor inspectors
conducted 6,524 inspections and 1,909 reinspections, imposing fines in
55 cases. Health and safety standards were not widely enforced in the
large informal sector, estimated to be between 60 and 70 percent of the
economy. The informal sector included the bulk of workers in street
sales, agriculture and ranching, transportation, domestic labor,
fishing, and minor construction.
__________
PANAMA
executive summary
Panama is a constitutional, multiparty democracy. In 2009 voters
chose Ricardo A. Martinelli Berrocal as president in national elections
that international and domestic observers considered generally free and
fair. Security forces reported to civilian authorities.
The principle human rights abuses reported during the year were
harsh prison conditions, judicial ineffectiveness, and discrimination
against various groups and individuals, including some cases of
violence.
Other human rights abuses included problems with freedom of the
press, trafficking in persons, and child labor.
The government did not actively prosecute alleged cases of
corruption or abuse of authority by government officials but took steps
to improve the functioning of the judiciary and penitentiary systems.
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, but there were
some reports that prison authorities engaged in degrading treatment and
inhuman punishment. In January police neglect led to the deaths of five
juvenile detainees and injury of two additional detainees during a
prison fire (see Prison and Detention Center Conditions).
On September 22, Rafael Perez Castillo reportedly suffered
extensive bruises to his face and body after he allegedly questioned
officers at a roadblock in an aggressive manner. Police defended their
agents and accused Perez Castillo of instigating the incident. A case
was opened by the Public Ministry, the Ombudsman's Office, and the
PNP's director of professional responsibility (DRP) (internal affairs
office). The highly publicized incident prompted other citizens to come
forward with new accusations of alleged police abuse. In response the
PNP signed an agreement with the Ombudsman's Office to receive
additional human rights training.
Prison and Detention Center Conditions.--The Ministry of Government
oversees all prisons in the country through the National Directorate of
the Penitentiary System (DGSP). Prison conditions remained harsh and in
some cases life threatening. Problems included overcrowding, use of
police stations as detention facilities, and lack of prison guards.
Prisons did not have adequate ventilation or lighting. Prisoners
suffered from a chronic lack of access to medical care. Most facilities
faced problems with potable water, sewage, and rodents.
As of August the prison system had an official capacity of 7,342
persons and held 13,069 prisoners (12,133 male inmates and 936 female).
Pretrial detainees shared cells with convicted prisoners. In all
prisons the inmates complained of limited time outside cells and
limited access to family visits. Small jails attached to local police
stations sometimes held prisoners for days or weeks, and police
officers who guarded them lacked custodial training to prevent abuses.
Prison medical care was inadequate. HIV/AIDS, tuberculosis,
hepatitis B, and other communicable diseases were common among the
prison population. A 60-bed clinic at La Joyita Prison remained
underutilized due to the lack of guards to watch ill detainees. Lack of
transportation prevented most inmates from receiving timely medical
attention. Clinics within La Joya and La Joyita pavilions reopened to
provide first-aid assistance but lacked the capacity to attend to more
serious medical problems. No prison medical facilities were open 24
hours a day.
Female and male prisoners were held separately. Although prison
conditions for women were generally better than those for men, both
populations remained overcrowded, with poor medical care and lack of
basic supplies for personal hygiene.
Juvenile pretrial and custodial detention centers also suffered
from overcrowding and poor conditions. Inmates had inadequate education
and supervision. The 303 juvenile inmates (296 male and seven female)
were guarded by approximately 85 civilian guards (28 were hired during
the year, and 16 were on loan from the adult penitentiary system).
In January police launched tear gas canisters into a cell at Panama
City's male juvenile detention center during a prisoner protest against
inhumane conditions, starting a fire. Seven boys were severely burned,
five of whom died. Fourteen others were badly injured by gunshots fired
during the protest prior to the fire. The police denied accusations of
human rights abuses, but the Ministry of Government accused security
forces of intentionally impeding fire department access to the facility
and otherwise failing to safeguard inmates' lives. The two police
officers who started the fire were put on administrative leave. The
Attorney General's Office filed homicide charges against 33 police
officers and the center's director as well as additional charges
against civilian guards involved in the incident.
On June 20, a three-day riot erupted at a different juvenile
rehabilitation center. A fight between rival gangs resulted in the
temporary kidnapping of guards and injuries to 15 inmates, including 12
burn victims. Five detainees escaped but were later apprehended. The
facilities suffered extensive damage. By August the authorities had
repaired the facility and replaced director.
The government took several steps to improve prison and detention
center conditions. In February the Public Ministry reactivated its
electronic bracelet program for nonviolent criminals and some pretrial
inmates. Only 45 inmates participated in the program; a lack of
familiarity with the program among prosecutors, judges, and inmates
prevented further use of bracelets. In August the U.N. Office on Drugs
and Crime (UNODC) conducted a feasibility study for bracelet use under
the new accusatory judicial system to determine the feasibility of
expanding the practice.
In January the government created an interagency commission to
review protocols and standard operating procedures within the
penitentiary system. At the beginning of 2010, Panamanian National
Police (PNP) officers provided perimeter and internal security at all
prisons but generally lacked training for prison duty. The commission
agreed to a four-stage plan for replacing police officers with civilian
prison guards for prison internal security. The PNP maintained control
of perimeter security. The transfer of responsibilities began in July.
As of August there were 624 prison custodians, including 264 hired
during the year. Additionally, 92 new custodians were trained and
entered the system by the end of the end of the year, for a total of
716 custodians. In February the government raised guards' salaries to
500 balboas ($500) per month. By the end of August, the National
Penitentiary System under the Ministry of Government had disciplined 40
custodians and fired 15 for either corruption or abuse of authority.
In February the government opened a Penitentiary Training Academy
to address human rights, prisoner's rights, and penitentiary law. In
August the minister of government signed an agreement to train prison
directors under the auspices of UNODC at the Dominican Republic's
National Penitentiary School. During the year custodians received
training from the Ombudsman's Office, Ministry of Government, and PNP.
Formal panels met during the year to separate convicted criminals
from inmates awaiting trial, and the process of transferring only
convicted inmates to La Joya prison was underway. Officials also
discussed ways to improve ambulance access to prisons in emergencies.
In 2010 the Ministry of Government approved plans for the construction
of four new cellblocks for 1,300 inmates, but there was no significant
construction in 2011.
As of July 505 inmates were enrolled in elementary education
programs, 1,005 in junior high programs, and 585 in secondary school
programs. A total of 832 inmates were attending job training programs,
54 were engaged in self-study programs, and 152 were participating in
work-release programs. There were no rehabilitation programs for drug-
addicted inmates.
Throughout the year the DGSP faced a faulty information system that
hampered communication among offices dealing with prison issues. In
July the National Penitentiary System granted approval for the
installation of a new software program that would provide comprehensive
information on every inmate, including data on legal status, hearings,
and sentencing.
Prisoners were able to submit complaints to judicial authorities
without censorship and request investigation of credible allegations of
inhumane conditions, but authorities did not document the results of
such investigations in a publicly accessible manner. The government
investigated and monitored prison and detention center conditions.
The Ombudsman's Office negotiated and petitioned on behalf of
prisoners and received complaints about prison conditions. By August
the ombudsman had received three complaints of physical abuse against
prisoners by PNP agents.
The Ombudsman's Office conducted weekly prison visits, and the
government generally did not monitor its meetings with prisoners.
Prisoners at most facilities had reasonable access to visitors and were
permitted religious observance. The Catholic nongovernmental
organization (NGO) Justice and Peace made regular visits and reported
unobstructed access by various church groups of different faiths.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions. The law permits exceptions when an officer apprehends a
person during the commission of a crime or when an individual
interferes with an officer's actions.
Role of the Police and Security Apparatus.--The country has no
regular military forces. The PNP is responsible for internal law
enforcement and public order. Civilian authorities in the Ministry of
Public Security maintained effective control over all police,
investigative, border, air, and maritime forces in the country. The
government has relatively effective mechanisms to investigate and
punish abuse and corruption, but impunity presented a concern.
Law 18 includes guidelines for the use of force, including deadly
force; requires that police respect human rights; and prohibits
instigation or tolerance of torture, cruelty, or other inhumane or
degrading behavior. According to Law 74, police accused of using
excessive force may not be detained prior to trial, suspended, nor face
other internal discipline until convicted. In January leaders of the
construction workers union submitted a constitutional challenge against
Law 74. In February a unanimous ruling by the Supreme Court declared
the application of Law 74 in the specific case invalid, but at year's
end Law 74 remained in effect.
Between January and October, the DRP opened 515 disciplinary
proceedings against police, including 126 for abuse against civilians,
182 for inappropriate conduct, four for abuse against inmates, and four
for abuse of physical force, among others. The number of cases opened
fell by almost half compared with 2010. Between January and August, the
Ombudsman's Office received three complaints against police for abuse
of authority. Investigations in most of these cases continued through
October, although authorities dismissed 83 PNP officers and placed many
others on ``semipermanent vacation'' (a form of suspension).
Arrest Procedures and Treatment While in Detention.--Police
generally apprehended persons openly and did not practice arbitrary or
secret arrest and detention. Arrest warrants are issued by the
Prosecutor's Office, based on evidence. The law provides for suspects
to be brought promptly before a judge, but lack of prompt arraignment
continued to be a problem. The law requires arresting officers to
inform detainees immediately of the reasons for arrest or detention and
of the right to immediate legal counsel. The law provides for bail, and
a functioning bail system exists for a limited number of crimes.
Detainees gained prompt access to legal counsel and family members, and
the government provided indigent defendants with a lawyer.
The law prohibits police from detaining suspects for more than 48
hours without judicial authorization but permits the detention of
minors for 72 hours. By law the preliminary investigation phase of
detention may last up to two months, and the follow-up investigation
phase can last another two to four months, depending on the number of
suspects.
Pretrial Detention.--The government regularly imprisoned inmates
for more than a year before a judge's pretrial hearing, and their
pretrial detention sometimes exceeded the maximum sentence for the
alleged crime. This was largely due to judicial inefficiency and the
use of a written inquisitorial system. As of July, according to
government statistics, 66 percent of prisoners were pretrial detainees.
In Veraguas Province, courts initiated a system that greatly decreased
case backlog in preparation for introduction of the accusatorial
system.
Additionally, lack of coordination between judicial authorities,
prison authorities, and the PNP over transportation of detainees to
trials led to a significant increase in the number of prisoners who
missed hearings that were key to resolving their legal cases. Judicial
statistics showed that as of June, 53 percent of scheduled hearings had
to be cancelled due to the defendant's absence. Due to inefficiencies
in the legal system, hearings can take up to a year to be rescheduled.
As of August only 24 PNP agents, in a force of approximately 15,000,
belonged to the PNP penitentiary unit in charge of inmate transfers.
The judicial system initiated the use of mobile courtrooms and video
hearings to address the problem (see section 1.e.).
Amnesty.--During the year, in an attempt to alleviate prison
overcrowding, the government released 922 inmates who had completed
two-thirds of their sentences.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judicial system was susceptible to
corruption and outside influence, and it faced allegations of
manipulation of power by other government branches.
The Directorate of Judicial Investigation, under PNP administrative
control, provides investigative services to the judicial system. At the
local level, mayors appoint administrative judges (corregidores), who
exercise jurisdiction over minor civil cases and the arrest and
imposition of fines or jail sentences of up to one year. Outside of
Panama City, this system had serious shortcomings. Defendants lacked
adequate procedural safeguards. Such judges usually had no legal
training or other pertinent expertise. Appeal procedures were generally
nonexistent. Affluent defendants often paid fines, while poorer
defendants faced incarceration.
Trial Procedures.--The law provides that all citizens charged with
crimes enjoy a presumption of innocence and have rights to counsel, to
refrain from incriminating themselves or close relatives, and to be
tried only once for a given offense. If not under pretrial detention,
the accused may be present with counsel during the investigative phase
of proceedings.
On September 2, in Veraguas and Cocle provinces, the government
began implementation of a new code of criminal procedure designed to
transition the country from an inquisitorial to an accusatory system of
justice. The government budgeted 38 million balboas ($38 million) for
the four-phase implementation process, pending since 2009. It was
expected to conclude in 2014. The system, which aims to expedite
justice, includes three stages: prosecutorial investigation overseen by
a guarantee judge whose responsibility is to ensure due process, an
indictment request by the prosecutor, and oral trials with three
judges.
Sixty-six hearings took place in the first 20 days under the new
system. According to the judicial system, 50 percent of the cases heard
involved either domestic violence or narcotics violations. According to
authorities the new system reduced legal processing time by almost 50
percent compared to the inquisitorial system in effect in the rest of
the country.
In January the Supreme Court of Justice ruled in favor of the
reactivation of a 1999 law that created a fifth chamber within the
Supreme Court. The chamber would handle only constitutional issues. The
Supreme Court's January decision allows the administration to appoint
three new justices. As a result the Supreme Court will be composed of
12 justices. No appointments were made during the year.
In July three Supreme Court justices from the General Affairs Court
appointed three new magistrates to implement the new accusatory system
in the Second Judicial District. Four other justices formally and
publicly disagreed with the appointments, as the full Supreme Court did
not approve them. Civil society organizations also criticized the lack
of transparency in the appointments and on August 22 filed a habeas
data against Chief Justice Anibal Salas to demand copies of the written
agreements issued by the General Affairs Court on the appointments.
After internal negotiations all justices agreed that the appointments
of the three new magistrates would be valid only for one year and that
future appointments would follow the procedures established by law
(public advertisement of the positions with appointments made by the
full Supreme Court.) In September civil society organizations filed
suit against the Supreme Court for the unconstitutional appointment of
these magistrates, claiming it was in violation of the constitution.
Under the inquisitive judicial system, which is in force in all but
two provinces, trials are open to the public. The law provides for
trial by jury if the defendant so chooses, but only if one of the
charges is murder. Judges may order the presence of pretrial detainees
for providing or expanding upon statements or for confronting
witnesses. Trials are conducted on the basis of evidence presented by
the public prosecutor. Defendants have the right to be present at trial
and to consult with an attorney in a timely manner. Defendants may
confront or question witnesses against them and present witnesses and
evidence on their behalf. Defendants and their attorneys have access to
relevant government-held evidence. Defendants have a right of appeal.
The law extends these rights to all citizens, and the judiciary
generally enforced them.
The law obliges the government to provide public defenders for the
indigent, and an estimated 80 percent of inmates used them. In many
cases public defenders received the case late in the investigation,
after the prosecutor had evaluated most of the evidence and decided to
recommend trial. During the year the government hired 29 new public
defenders to help reduce the system's backlog, but caseloads remained
very high, averaging 300-350 cases per attorney per year.
On August 1, the judiciary began a mobile court program within the
country's largest prison complex. Trailers placed in La Joya and La
Joyita served as official courts to overcome problems in transporting
prisoners to trial. The placement of judges, prosecutors, and legal
staff within the complex increased the capacity of each court to five
hearings per day. As an additional measure to decongest the system, the
judiciary accepted hearings via video for charges other than homicide.
By June judicial records indicated that 547 pretrial detainees
submitted video hearings from La Joya, La Joyita, David, Penonome,
Llano Marin, Aguadulce, and Santiago prisons. In July the judicial
system spent 208,000 balboas ($208,000) to expand the program with the
installment of video capacity to 10 new facilities.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and the
judicial code establish an independent judiciary in civil matters.
Alleged political manipulation of the judicial system remained a
problem, and bureaucratic delay hindered access to judicial and
administrative remedies in some court cases. Problems continued in
enforcement of domestic court orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions. Nevertheless, there were
complaints that in some cases law-enforcement authorities failed to
follow legal requirements and conducted unauthorized searches. The
Public Ministry maintained representatives in each PNP division to
approve searches, and they approved numerous searches during the year.
The law also sets forth requirements for conducting wiretap
surveillance. It denies prosecutors authority to order wiretaps on
their own and requires judicial oversight. During the year several
citizens claimed to have been wiretapping targets after making
statements critical of the government.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the government used a variety of means to impede the media's freedom of
expression and attempt to silence criticism of its official actions.
Freedom of the Press.--Legal actions brought by officials of the
former government remained pending against many journalists. The Inter-
American Commission on Human Rights (IACHR), Inter American Press
Association (IAPA), the NGO Reporters Without Borders, and other groups
criticized government efforts to censor the press. In January the
president supported a bill introduced by his party in the National
Assembly to penalize speech that criticized the president and his
administration. The bill was withdrawn after debate.
Violence and Harassment.--In mid-June the NGO Colegio Nacional de
Periodistas alerted the public to verbally aggressive language against
La Prensa journalist Santiago Cumbrera by Labor Minister Alma Cortes
and the secretary general of the Ministry of Labor, Hernan Garcia.
Cumbrera was part of an investigative unit that revealed and published
irregularities in the governmental program Mi Primer Empleo (My First
Job). The IACHR requested preventive measures to guarantee Cumbrera's
personal safety. The day after the statement was made, Minister Cortes
issued a public apology. In August La Prensa reported additional
threats against its investigative unit, specifically towards Cumbrera,
based on his investigation of the National Land Authority. Cumbrera was
also the target of anonymous telephone threats for his reporting on a
government scandal involving the improper titling of public lands. The
caller, allegedly a poor rural landholder, threatened to take action
against Cumbrera if he did not stop his reporting. The government
agreed to open an investigation into the threats, but at year's end no
legal actions had been taken on the threats.
In late February the government deported foreign national
journalists Paco Gomez Nadal and Pilar Chato under complaints of
disturbing the peace and inciting protesters. In July 2010 authorities
briefly detained Gomez Nadal, known for investigative reporting on
corruption issues. According to media reports, Gomez Nadal and Chato
had the option of leaving the country immediately or remaining and
facing potential legal action from law enforcement authorities. They
chose deportation and lost authorization to reenter Panama for at least
two years.
Internet Freedom.--There were no government restrictions on access
to the Internet, but there were anecdotal reports that the government
monitored private e-mails. In a few cases, law-enforcement monitoring
of suspects' computers led to arrests for sex crimes. Individuals and
groups could engage in the expression of views via the Internet,
including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice. The law also states that anyone
who, through use of violence, impedes the transit of vehicles on public
roads or causes damage to public or private property may be sentenced
to imprisonment for six to 24 months.
c. Freedom of Religion.--See the Department of State's
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 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
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, persons under
temporary humanitarian protection (THP), asylum seekers, stateless
persons, and other persons of concern.
In-Country Movement.--The government generally permitted freedom of
movement for documented refugees and asylum seekers; however, it
restricted the freedom of movement of Colombian citizens living in the
region bordering Colombia under the THP regime. These individuals could
leave those locations only with special temporary permits issued by the
National Office for the Protection of Refugees (ONPAR).
Protection of Refugees.--ONPAR has five offices to provide access
to refugee services.
Access to Asylum.--The country's laws provide for the granting of
asylum or refugee status, and the government has established a system
for providing protection to refugees. A Colombian THP group has lived
in the Darien region for 14 years.
There were approximately 2,500 refugees and asylum seekers in the
country at the end of 2010. As of June, 340 persons had approached the
government seeking refugee status, according to ONPAR; 99 cases were
reviewed and 41 approved. The majority were from Colombia.
Nonrefoulement.--The law incorporates protections against
refoulement and sanctions for illegal/irregular entry. At times,
however, border officials and authorities in large urban centers did
not have a clear understanding of their responsibilities when dealing
with persons seeking asylum or refugee status. This lack of clarity
resulted in arbitrary detention and placed asylum seekers at an
increased risk of return to countries where their lives or freedom
could be threatened.
On September 12, the Panamanian National Border Service (SENAFRONT)
detained and forcibly deported a family of asylum seekers from Colombia
upon their arrival in Jaque, Darien. The UNHCR indicated that
interventions to prevent the refoulement were unsuccessful and that the
family had no access to asylum authorities. The UNHCR lodged an
official protest with the government.
Refugee Abuse.--Refugee women in border areas and in certain urban
neighborhoods continued to be at risk for gender-based violence and
trafficking.
The government reported a decrease in migration of people from
outside the region, from 45 in 2010 to 32 in 2011. The persons were
primarily from South Asia and East Africa, en route to North America.
As of August the National Migration Service had detained 25 of these
persons for nine months in a men's immigration shelter. ONPAR indicated
that language barriers slowed the review of the cases, but the UNHCR
expressed concern that the migrants were denied access to asylum
procedures because of discrimination due to their countries of origin.
Employment.--The government did not permit displaced Colombians
without asylum status to work or move outside of their assigned
villages. Unlike in 2010, the government did not issue temporary
identification cards during the year.
Temporary Protection.--The UNHCR classified approximately 15,000
individuals living in the country as ``persons of concern'' in need of
international protection. These included persons for whom the
government had denied refugee status and persons in the country who did
not apply for refugee status due to lack of knowledge or fear of
deportation. The UNHCR maintained a permanent office in the country to
provide services to refugees but was denied access to asylum seekers in
detention in the first half of the year. Access improved after the
appointment of a new director of migration in July.
People under the THP classification included 899 displaced persons,
mainly of Afro-Colombian heritage, and 685 of their dependents, some of
whom were citizens born in Panama of marriages between displaced
Colombians and Panamanian citizens. Seventy individuals were from the
Embera indigenous group. The UNHCR continued to call for the granting
of permanent residency rights to this group.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage. The law
provides for direct popular election every five years of the president,
vice president, legislators, and local representatives. Naturalized
citizens may not hold specified categories of elective office.
Elections and Political Participation.--Recent Elections.--In May
2009 voters chose Ricardo A. Martinelli Berrocal, the opposition
Alliance for Change candidate, as president in national elections
considered generally free and fair by independent observers.
Political Parties.--The law requires new political parties to meet
strict membership and organizational standards to gain official
recognition and participate in national campaigns.
Participation of Women and Minorities.--Women held six seats in the
71-member legislature and five places in the 17-member cabinet. Five
seats in the legislature were designated to represent the country's
recognized indigenous regions. In general deputies in the legislature,
cabinet members, or members of the Supreme Court did not identify
themselves as members of ethnic or racial minorities.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively; however,
there were some allegations that government officials engaged in
corrupt practices with impunity. Corruption remained a problem in the
executive, judicial, and legislative branches as well as in the
security forces. Anticorruption mechanisms such as asset forfeiture,
whistle blower and witness protection, plea bargaining, and
professional conflict-of-interest rules existed.
Although the law provides for judicial appointments through a
merit-based system, civil society groups maintained that political
influence and undue interference by higher-level judges undermined the
system.
Corruption among police officers continued to be a problem,
although the Ministry of Public Security improved accountability within
the security services. The PNP worked with the ministry to reform the
DRP to create a more transparent method for handling traditional
internal affairs problems for all security services.
In September the 13th Criminal Court sentenced four police agents
and two Colombians involved in the 2008 kidnapping of Cecilio Padron to
nine and 12 years in prison, respectively. The court found a fifth
Panamanian originally listed in the case not guilty. In the same month
an undercover operation led by the Judicial Investigative Unit (DIJ)
resulted in the apprehension of the Ministry of Labor's regional
director and his assistant for receiving bribes from a foreign
businessman who hired workers without work permits.
In 2010 authorities released former minister of education Belgis
Castro on bail of 150,000 balboas ($150,000). In May the 10th Criminal
Court called Castro to stand trial on embezzlement charges. Castro
remained free on bail but was forbidden to leave the country while the
trial continued.
Public officials were subject to financial disclosure laws, but the
information was not made public.
The law provides for public access to information about public
entities, with the exception of cabinet meeting minutes. The government
often, but not always, responded to inquiries for information. Denials
of information can be appealed to the Supreme Court, and journalists
generally made use of this recourse. On October 28, the environmental
NGO Centro de Incidencia Ambiental appeared before a hearing at the
Organization of American States' Inter-American Human Rights Commission
to denounce the government's continued denial of public information.
The government made a commitment to publishing public information
on official Web sites. However, many government ministries and agencies
did not update their sites, and statistics or other information were
often more than one year old or unavailable. On October 5, the
anticorruption czar, Abigail Benzadon, publicly stated that only six of
the 103 government agencies kept their sites up to date with
transparency information as mandated by law.
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.
Government Human Rights Bodies.--The ombudsman, elected by the
National Assembly, has moral but not legal authority, received
government cooperation, and operated without government or party
interference. The Ombudsman's Office referred cases to the proper
investigating authorities.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, but the government allegedly did not always
enforce these prohibitions effectively.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, with prison terms of five to 10 years, or eight
to 10 years under aggravating circumstances (use of a weapon), and the
government enforced the law effectively. Rapes constituted the majority
of sexual crimes investigated by the PNP, and its Directorate of
Judicial Investigation reported 1,030 cases of rape in the context of
domestic violence during the year.
Domestic violence continued to be a serious problem. Although the
law criminalizes domestic abuse and family violence with prison terms
of two to four years and makes domestic violence an aggravating
circumstance in homicide cases, there were few convictions for domestic
violence, except in cases of murder. The Directorate of Judicial
Investigation reported 186 cases of domestic violence from January to
June, while the media reported 249 cases of domestic violence as of
early September. Statistics from the Panamanian Observatory Against
Gender-Based Violence, run by the Ombudsman's Office, showed that 33
women died as a result of domestic violence from January to November.
The government operated a shelter in Panama City for victims of
domestic abuse and offered social, psychological, medical, and legal
services. A second government-run shelter opened in David, Chiriqui,
during the year, and construction of a third shelter in Colon, Colon,
was underway.
Sexual Harassment.--The law prohibits sexual harassment in cases of
established employer/employee relations in the public and private
sectors and in teacher/student relations; violators face up to a three-
year prison sentence. The extent of the problem was difficult to
determine, as convictions for sexual harassment were rare and pre-
employment sexual harassment was not actionable. The effectiveness of
law enforcement could not be determined due to the small number of
cases brought before the courts.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children and 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, except in provincial-level
indigenous regions, where it was limited, according to the American Red
Cross. The law limits sterilization to women who are 33 or older, have
at least five children, and are of a low socioeconomic level
(undefined).
Discrimination.--The law prohibits discrimination on the basis of
gender, and women enjoyed the same rights as men under family,
property, and criminal law. The law recognizes joint and common
property in marriages. The law mandates equal pay for men and women in
equivalent jobs, but according to a 2011 World Economic Forum survey,
women received approximately 36 percent less than men for comparable
work. The Ministry of Social Development (MIDES) and the National
Institute of Women promoted equality of women in the workplace and
equal pay for equal work, attempted to reduce sexual harassment, and
advocated legal reforms.
Children.--Birth registration: Although the law provides
citizenship for all people born in the country, children in remote
areas sometimes had difficulty obtaining birth registration
certificates.
Child Abuse.--MIDES maintained a free hotline for children and
adults to report child abuse and advertised it widely. From January to
September, the hotline received 17,726 calls. The ministry provided
funding to children's shelters operated by NGOs in seven provinces and
continued a program that used pamphlets in schools to sensitize
teachers, children, and parents about mistreatment and sexual abuse of
children.
Sexual Exploitation of Children.--Sexual abuse of children was
reported in urban and rural areas as well as within indigenous
communities. Lack of reporting on sexual exploitation of minors
remained a problem, often because of parental involvement or
complicity.
The law prohibits consensual sex with children ages 14 to 18 and
imposes a penalty of up to three years' imprisonment for the crime. If
the child is younger than 14, the act is punishable with four to 10
years' imprisonment. The law provides for three- to five-year prison
terms for anyone who practices, facilitates, or promotes the corruption
of a minor, and it criminalizes child pornography with the same
penalty. The penal code also punishes individuals for selling or
negotiating the purchase of sexual favors from prostitutes with
penalties of up to 10 years' imprisonment when the victim is under 18.
Sexual tourism involving children is also punishable.
International Child Abduction.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There was a Jewish population of approximately
10,000 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination based
on physical or mental disability, but the constitution permits the
denial of naturalization to persons with mental or physical
disabilities. The law mandates access to new or remodeled public
buildings for persons with disabilities and requires that schools
integrate children with special needs. In practice persons with
disabilities experienced substantial discrimination in access to
employment, education, health care, and other state services. Some
public schools admitted children with mental and physical disabilities,
but most did not have adequate facilities for children with special
needs. The government installed ramps in some schools and mainstreamed
some children with disabilities. Few private schools admitted children
with special needs.
In June a group of persons with disabilities challenged Law 35
before the Supreme Court on grounds of discrimination and the
protection of private information. The law, passed in August 2010,
mandates that the National Electoral Tribunal include a person's
disabilities as well as blood type and allergies on their national
identification card in case of emergency. The law also requires the
National Transportation Authority to include the same information on a
state-issued drivers' license. By year's end there was no ruling from
the court.
The National Secretariat for the Social Integration of Persons with
Disabilities (SENADIS) is the government agency responsible for
protecting the rights of persons with disabilities. The Ministry of
Education and MIDES share responsibilities for educating and training
minors with disabilities. SENADIS also distributes subsidies to NGOs
dealing with disabilities issues.
The law stipulates a 2 percent quota for persons with disabilities
within the workforce. The Ministry of Labor and Labor Development
(MITRADEL) is responsible for referring workers with disabilities to
employers for suitable jobs; however, in practice successful hiring by
private sector employers remained difficult. From January to September,
the Ombudsman's Office received 12 complaints of government violations
involving the labor rights of persons with disabilities.
The government inaugurated with international funding four
playgrounds accessible to persons with disabilities. In April the
government decreed April Autism Month. The decree mandates interagency
coordination for the development of educational and service programs
for people with autism. In July the government signed an agreement with
the Spanish NGO ONCE to provide training of blind and low-vision
workers on ways to access the job market.
The government provided them with 50 balboas ($50) per month and
donated rehabilitation equipment to low-income persons with
disabilities. The government also provided five vehicles to state-run
hospitals and physical rehabilitation centers to allow for the proper
transfer of patients in wheelchairs.
In September the Ministry of Social Development launched the
Guardian Angel program, which provides a subsidy of 80 balboas ($80)
per month for children with severe physical disabilities. To qualify,
the parents or guardian of a child must submit medical certification as
to the severity of the disability and the child's dependency on another
person. The family must also be living in poverty to qualify.
National/Racial/Ethnic Minorities.Minority groups generally have
been integrated into mainstream society, but problems continued with
negative attitudes among all ethnic communities toward members not
belonging to their particular group. Prejudice was directed at recent
immigrants; cultural and language differences and immigration status
hindered integration into mainstream society by immigrant and first-
generation individuals from China, India, and the Middle East.
Additionally, some members of these communities were themselves
reluctant to integrate into mainstream society. Members of these groups
often owned major businesses or worked in the retail trade. A
constitutional provision reserving retail trade for citizens of the
country generally was not enforced.
The Afro-Panamanian community continued to be underrepresented in
positions of political and economic power, and many black people
remained clustered in economically depressed areas of Colon Province
and Panama City. These areas conspicuously lacked government services
and social-sector investment. Prejudice toward blacks was generally
subtle, taking the form of unofficial ``right-of-admission'' policies
at restaurants and commercial establishments that discriminated against
darker-skinned individuals or those of lower social status.
The law prohibits discrimination in access to public accommodations
such as restaurants, stores, and other privately owned establishments.
However, cases of discrimination in public accommodation were not
commonly filed.
There were reports of racial discrimination against various ethnic
groups in the workplace. In general, lighter-skinned persons were
represented disproportionately in management positions and jobs that
required dealing with the public, such as bank tellers and
receptionists. Some businesses discriminated against citizens with
darker skin through preferential hiring practices.
Indigenous People.--The law affords indigenous persons the same
political and legal rights as other citizens, protects their ethnic
identity and native languages, and requires the government to provide
bilingual literacy programs in indigenous communities. Indigenous
individuals have the legal right to take part in decisions affecting
their lands, cultures, traditions, and the allocation and exploitation
of natural resources. However, in practice their participation in
society continued to be marginalized. There were legally designated
areas governed by traditional community leaders for five of the
country's seven indigenous groups, including the Embera-Wounaan, Ngabe-
Bugle, and Kuna communities. The government did not recognize such
areas for the Bri-Bri and Naso communities.
The Ministry of Government contains an Office of Indigenous Policy.
Although the country's law is the ultimate authority on indigenous
reservations, indigenous groups maintained considerable autonomy.
Nevertheless, many indigenous persons misunderstood their rights and
failed to employ legal channels when threatened because they did not
have an adequate command of the Spanish language.
The Embera-Wounaan community continued to fight against illegal
settlements on its land. Attempts to remove settlers forcibly in August
resulted in violence, and two indigenous persons were injured in
machete attacks. The Ministry of Government negotiated a solution
between the Embera-Wounaan and the settlers that same month and agreed
to provide land outside of the area for the settlers by December. By
year's end all but five settler families had been relocated outside of
the Embera-Wounaan territories, but conflicts with settlers in other
areas of the reservation continued.
On July 18, an estimated 100 Ngabe-Bugle indigenous people closed
three sections of the Pan-American Highway passing through their
autonomous territory for seven hours to protest mining and
hydroelectric concessions granted by the government. Riot police used
tear gas to disperse the group and detained 41 persons. On July 19, all
were released without charge.
Societal and employment discrimination against indigenous persons
was widespread. Employers frequently did not afford indigenous workers
basic rights provided by law, such as a minimum wage, social security
benefits, termination pay, and job security. Laborers in the country's
sugar, coffee, and banana plantations (the majority of whom were
indigenous persons) continued to work in overcrowded and unsanitary
conditions. Employers were less likely to provide quality housing or
food to indigenous migrant laborers, and their children were much more
likely to work long hours of farm labor than nonindigenous children
(see section 7.d.). MITRADEL conducted limited oversight of working
conditions in remote areas due to limited staff.
On September 11, 26 percent of the 109,000 adult Ngabe-Bugles voted
to elect a cacique (chief) general, three regional caciques, and seven
local caciques. The elections were organized by the National Electoral
Tribunal. Silvia Carrera was elected cacique general with 5,080 votes.
Carrera was the first woman to hold the position. Three Organization of
American States representatives participated as international
observers, together with representatives from the Ombudsman's Office
and the Catholic Church NGO Justicia y Paz. International and local
observers considered the elections calm and transparent.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not prohibit
discrimination based on sexual orientation, and there was societal
discrimination based on sexual orientation and gender identity, which
often led to denial of employment opportunities. The PNP's regulations
describe homosexual conduct as a ``grave fault.'' Harassment of
lesbian, gay, bisexual, and transgender (LGBT) persons by security
forces was a major complaint of the New Men and Women of Panama
(AHMNP), the country's main LGBT organization, but formal complaints
were rare due to the perception that the reports were not taken
seriously or that complaints could be used against claimants in the
absence of nondiscrimination legislation.
In March police arrested two women in Panama City for kissing in
public. The women were taken to a police station, physically searched,
and taken to night court, where a judge verbally reprimanded them for
their behavior before setting them free. The women publicly complained
about their treatment, but police claimed that they were legally
arrested for public drinking. In response, the AHMNP held a rally in
May called ``A Kiss Is Not a Crime."
The Panamanian Association of Transgender People reported regular
incidents in which security forces refused to accept complaints of
harassment towards transgender individuals. The AHMNP reported six
arrests of transgender persons, based on a sodomy law that was repealed
in 2008. All the victims were later released.
Other Societal Violence or Discrimination.--The law prohibits
discrimination against persons with HIV/AIDS in employment and
education, but discrimination continued to be common due to ignorance
of the law and a lack of mechanisms for ensuring compliance. The
Ministry of Health and Social Security provided treatment for HIV/AIDS.
The only local NGO dedicated to HIV/AIDS patients, the Foundation for
the Welfare and Dignity of People Affected by HIV/AIDS (PROBIDSIDA),
received a government subsidy to help defray its payroll and mortgage
expenses.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law recognizes the right of private-sector workers to form and join
unions of their choice subject to the union's registration with the
government, but it prohibits public servants from forming unions. The
law permits public servants to form associations that may bargain
collectively on behalf of members. The law provides private-sector
workers the right to strike and grants public-sector employees a
limited right to strike, except for those in areas deemed vital to
public welfare and security, including police and health workers. With
some exceptions the law provides all private-sector and most public-
sector workers the right to organize and bargain collectively,
prohibits employer antiunion discrimination, and protects workers
engaged in union activities from loss of employment or discriminatory
transfers.
The law places several restrictions on these rights, including
requiring citizenship to serve on a trade union executive board,
stipulating a minimum of 40 persons to form a private-sector union
(either by company across trades or by trade across companies), and
permitting only one trade union per business establishment. The
International Labor Organization (ILO) continued to criticize the 40-
person minimum, stating that was too high for workers wanting to form a
union within a company. The government, private sector, and unions
reiterated their support for keeping the figure at 40 individuals.
Similarly, 50 public servants are required to form a worker's
association--a level the ILO considered too high. Member associations
represent public-sector workers, such as doctors, nurses, firefighters,
and administrative staff in government ministries. The law stipulates
that there may not be more than one association in a public-sector
institution and permits no more than one chapter per province. The law
provides that if the government does not respond to a registration
application within 15 days, the union automatically gains legal
recognition.
Strikes must be supported by a majority of employees and related to
a collective bargaining agreement. In the event of a strike by
administrative workers, at least 25 percent of the workforce must
continue to provide minimum services. In the case of a strike by
workers in ``essential public services,'' such as transportation,
firefighting, mail, and telecommunications, 50 percent of the working
force must continue to provide those services.
Strikes in essential transportation services are limited to those
involving public passenger services. The law prohibits strikes for the
Panama Canal Authority's employees but allows unions to organize and
bargain collectively on such issues as schedules and safety. It also
provides for arbitration to resolve disputes.
By law the National Federation of Public Servants (FENASEP), an
umbrella federation of 21 public-sector worker associations, is not
permitted to call strikes or negotiate collective bargaining
agreements. Individual associations under FENASEP may negotiate on
behalf of their members.
Law 32, passed in April, eliminates restrictions on collective
bargaining that had allowed companies less than two years old and
enterprises in export processing zones (EPZs) to refuse to sign
collective bargaining agreements. The law obligates those enterprises
to bargain collectively and provide 15 (not 35) days of conciliation
before a strike is legal; it also extends to EPZ firms the labor code
definition of temporary (or ``definite'') workers, meaning those who
have been employed for less than two years.
Law 30, also passed in April, eliminated restrictions on collective
bargaining that Law 29 of 2010 had created in the special economic area
in Baru region. In addition, Law 32 creates a special regime for the
establishment and operation of free trade zones, which include existing
EPZs and some ``call centers."
Supreme Court decisions recognize that collective agreements
negotiated between employers and unorganized workers have legal status
equivalent to collective bargaining agreements, although collective
agreements negotiated by a union have precedence over collective
agreements negotiated by nonunionized employees. Executive decrees
provide that an employer may not enter into collective negotiations
with nonunionized workers when a union exists. However, these decrees
had not been tested in court. Based on previous practice, MITRADEL's
Manual of Labor Rights and Obligations provides that unorganized
workers may petition the ministry regarding labor rights violations and
may exercise the right to strike.
An executive decree protects employees from employer interference
in labor rights, specifically including ``employer-directed unions,''
and mandates that unions be freely chosen by workers without penalty.
Two other executive decrees strengthened the ability of workers to
bargain collectively by clarifying the criteria for legitimate
subcontracting and establishing an enforcement plan to protect the
rights of temporary workers.
The government lacked sufficient mechanisms to ensure that laws
prohibiting employer interference in unions and protecting workers from
employer reprisals were adequately enforced. MITRADEL reported that
inadequate personnel resources, large case backlogs, and incomplete or
inaccurate information in applications delayed the processing of new
registrations within the required time frame.
In addition to the court system, MITRADEL's Conciliation Board has
the authority to resolve certain labor disagreements, such as internal
union disputes, enforcement of the minimum wage, and some dismissal
issues. The law allows arbitration by mutual consent, by employee
request, or during a collective dispute in a public service company and
allows either party to appeal if arbitration is mandated during a
collective dispute in a public-service company. The separate Tripartite
Conciliation Board has sole competency for disputes related to domestic
employees, some dismissal issues, and claims of less than 1,500 balboas
($1,500). For public-sector workers, the Board of Appeal and
Conciliation in the Ministry of the Presidency hears and resolves
complaints. If not resolved by the board, complaints are referred to an
arbitrage tribunal, which consists of representatives from the
employer, the employee association, and a third member chosen by the
first two. Tribunal decisions are final.
Union leaders continued to express concerns about government
actions, such as auditing union budgets, which they characterized as
interference and intimidation. They also asserted that automatic union
registration did not occur in practice.
Although private-sector unions widely exercised the right to
organize and bargain collectively, antiunion discrimination, loss of
employment and discriminatory transfers occurred in practice. Employers
in the retail industry frequently hired temporary workers to circumvent
labor code requirements for permanent workers. Temporary workers have
the same rights established under a collective bargaining agreement as
do other employees, except relating to dismissal. In lower-skilled
service jobs, employers often hired employees under three-month
contracts for several years, sometimes sending such employees home for
a month and later rehiring them. Employers also circumvented the law
requiring a two-week notice for discharges by dismissing some workers
one week before a holiday. Employers frequently hired workers for one
year and 11 months and subsequently dismissed them to circumvent laws
that make firing employees more difficult after two years of
employment.
While labor leaders approved of the conciliation board, some lawyer
groups criticized it as a route for circumventing the judiciary,
leaving interpretation of labor laws to the discretion of persons who
might lack expertise, and opening the labor dispute-resolution system
to political pressure.
b. Prohibition of Forced or Compulsory Labor.--In November the
government approved Law 79, which expressly prohibits all forms of
forced labor of adults or children. The law establishes penalties of 15
to 20 years' imprisonment for forced labor involving movement from one
place to another, and six to 10 years' imprisonment for forced labor
not involving movement. The law was scheduled to take effect on January
1, 2012.
During the year the government did not use existing provisions of
constitutional law or other civil and criminal statute to prosecute
forced labor cases, and there were reports that some forced labor of
adults occurred. There were anecdotal reports that People's Republic of
China citizens were forced to work in grocery stores and laundries in
situations of debt bondage, as well as reports that Nicaraguan and
Colombian women were subjected to domestic servitude.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code prohibits the employment of children under age 14, although
exceptions can be made for children 12 and older to perform light farm
work if it does not interfere with their school hours. However, the law
does not set a limit on the total number of hours that children may
work in agriculture or define what kinds of light work children may
perform.
Children who have not completed primary school may not begin work
until age 15. The law prohibits 14- to 18-year-old children from
engaging in potentially hazardous work and identifies such hazardous
work to include work with electrical energy, explosives, or flammable,
toxic, and radioactive substances; work underground and on railroads,
airplanes, and boats; and work in nightclubs, bars, and casinos. Youths
under 16 may work no more than six hours per day or 36 hours per week,
while those 16 and 17 may work no more than seven hours per day or 42
hours per week. Children under 18 may not work between 6 p.m. and 8
a.m. Businesses that employ an underage child are subject to civil
fines, while employers who endanger the physical or mental health of a
child may face two to six years' imprisonment.
MITRADEL generally enforced the law effectively in the formal
sector. The ministry enforced child labor provisions in response to
complaints and can order the termination of unauthorized employment.
The ministry performed inspections to ensure compliance with child
labor regulations. Government social workers visited farms in the
coffee-growing region of Chiriqui in January and February and found 330
children working in the planting and harvesting of coffee, rice,
plantains, and other crops. The government acknowledged that it was
unable to enforce some child labor provisions in rural parts of the
country; MITRADEL conducted only limited inspections in those areas.
MITRADEL and the National Directorate Against Child Labor and
Protection of Adolescent Workers (DIRETIPPAT) continued to grant
scholarships to children to encourage them to stay in school. MITRADEL
and the National Secretariat for Children, Adolescents, and the Family
(SENNIAF) staff visited the provinces of Veraguas, Darien, Bocas del
Toro, Cocle, Los Santos, Herrera, and Kuna Yala to inform communities
about grants offered through the Institute of Training and Development
of Human Resources (IFARHU). The government continued to raise
awareness about and provide training for officials and civil society on
combating child labor.
SENNIAF published a resource guide to the services offered to
children by government, private, and nongovernmental organizations.
SENNIAF operated programs that offered comprehensive services to
children at risk and their families, including home and school visits,
tutoring, and parental counseling. During the year MITRADEL identified
1,628 children and adolescents performing child labor and assisted
1,195 to continue their education and with social follow-up. The
Committee for the Eradication of Child Labor and the Protection of the
Adolescent Worker (CETIPPAT) provided outreach to 3,369 children
engaged in or at risk of child labor. The National Institute of
Vocational Training for Human Development implemented programs for
parents of those children involved in DIRETIPPAT's outreach program.
In February the ombudsman and UNICEF launched a campaign against
the commercial sexual exploitation of children and adolescents designed
to combat this crime and promote a culture of zero tolerance.
MIDES, CETIPPAT, and the NGO Casa Esperanza continued a program in
the comarca (reservation) of the Ngabe-Bugle, Santiago de Veraguas, and
Chorrera that provided scholarships for working children so they could
begin or return to primary school; it also provided job training and
literacy programs for their parents.
According to the 2010 child labor survey by the government and ILO,
approximately 60,700 children and adolescents (7 percent of the overall
population in the five-to-17-year-old age group) were engaged in some
type of labor. Sixty-nine percent of working children also attended
school. Seventy-seven percent of working children and adolescents said
they worked less than 25 hours per week, and 57 percent worked with
their families.
Child labor violations occurred most frequently in rural areas in
agriculture and fishing, especially during the harvest of melons,
tomatoes, onions, sugarcane, and coffee. The harvest season for these
products is in January and February, with planting occurring in March
and April. Children generally worked five to eight hours per day in
these activities. Farm owners often paid according to the amount
harvested, leading many laborers to bring their young children to the
fields to help. The problem of child labor in agricultural areas fell
most heavily on indigenous families who often migrated from their
isolated communities in search of paid work and whose frequent
migrations interrupted schooling. Child labor also occurred in domestic
work and other areas of the informal sector, including selling goods,
shining shoes, washing cars, and assisting bus drivers.
According to Casa Esperanza, child labor increased in agricultural
areas in the central provinces and was identified in new sectors in
Panama City, Colon, and David. In Colon children scavenged in the ocean
for metal and other items from boats to sell. Two children drowned
during such work during the year. In David children were found selling
flowers and CDs/DVDs in the streets.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--At year's end the minimum wage
ranged from 1.06 to 2.00 balboas ($1.06 to $2.00) per hour, depending
on region and sector. Working 40 hours per week, 50 weeks a year, and
earning the minimum-wage median, a person would earn approximately184
to 347 balboas ($184-$347) per month. The poverty line was 94 balboas
($94), while the extreme poverty line was 53 balboas ($53) per month
per person. Food and the use of housing facilities were considered part
of the salary for some workers, such as domestic and agricultural
workers. The agricultural and construction sectors received the lowest
and highest minimum wages, respectively.
The law establishes a standard workweek of 48 hours, provides for
at least one 24-hour rest period weekly, limits the number of hours
worked per week, provides for premium pay for overtime, and prohibits
excessive or compulsory overtime. Workers have the right to 30 days'
paid vacation for every 11 months of continuous work, including those
who do not work full time. MITRADEL is responsible for setting health
and safety standards. The labor code requires employers to provide a
safe workplace environment, including the provision of protective
clothing and equipment for workers, but it does not specifically
recognize the right of a worker to leave a dangerous work situation
without jeopardy to continued employment.
MITRADEL generally enforced these standards in the formal sector.
There were 197 labor inspectors, of whom 51 were occupation security
inspectors. Information on the number of workplace inspections during
the year was unavailable. Inspectors from MITRADEL and the occupational
health section of the Social Security Administration conducted periodic
inspections of hazardous employment sites and responded to complaints.
However, the government did not enforce health and safety standards
adequately. The law requires that the resident engineer and a MITRADEL
safety officer remain on construction sites, establishes fines for
noncompliance, and identifies a tripartite group composed of the
Chamber of Construction, the construction union Suntracs, and MITRADEL
to regulate adherence.
Most workers formally employed in urban areas earned the minimum
wage or more. Approximately 40 percent of the population worked in the
large informal sector and earned well below the minimum wage,
particularly in most rural areas, where unskilled laborers earned from
three to six balboas (three to six dollars) per day without benefits.
MITRADEL was less likely to enforce labor laws in most rural areas (see
section 6, Indigenous People).
As of July seven construction workers in Panama City died due to
accidents suffered on the job. Some construction workers and their
employers were occasionally lax about conforming to basic safety
measures, frequently due to their perception that it reduced
productivity. Equipment was often outdated, broken, or lacking safety
devices, due in large part to a fear that the replacement cost would be
prohibitive. Construction workers and safety inspectors needed training
to enable them to use new construction technologies.
__________
PARAGUAY
executive summary
Paraguay is a multiparty, constitutional republic. In 2008 Fernando
Lugo of the Patriotic Alliance for Change won the presidency in
elections that were generally free and fair. Security forces reported
to civilian authorities.
The principal human rights problems were killings by police or
government officials; harsh, occasionally life-threatening conditions
in prisons; and political interference, corruption, and inefficiency in
the judiciary.
Discrimination and violence against women; indigenous persons;
persons with disabilities; and lesbian, gay, bisexual, and transgender
(LGBT) persons continued, as did trafficking in persons. Exploitation
of child labor and violations of worker rights also remained serious
problems.
There was impunity for officials who committed abuses in the
security forces and elsewhere in government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government did
not commit any politically motivated killings, but there were
accusations of a politically motivated killing by an official of one of
the major political parties.
On March 4, three unknown assailants killed National Republican
Association (Colorado) party politician and radio journalist Merardo
Alejandro Romero Chavez at his home in Itakyry. Romero's supporters
contended that the killing was linked to fellow Colorado party member
and former mayor Miguel Angel Soria, who was running against Romero in
the March 13 primary elections for local party leader. A police
investigation continued at year's end, and the prosecutor ordered the
``preventive detention'' of Romero's chief political advisor, Jose
Valenzuela.
There were reports that some security forces acted in their
official capacity but without government knowledge or support to kill
individuals for personal gain. Some of those reports alleged that
government prosecutors conspired to cover up the killings.
On August 21, subofficial Fermin Delvalle Carreras shot and killed
Rafael Sanabria Amarilla, 20, after a police roadblock in Hohenau,
Itapua Department, stopped the car in which Rafael and his friends were
traveling. The occupants were forced to leave the car, kneel, and were
frisked. Rafael was shot in the back while kneeling and allegedly
offered no resistance. The Prosecutor's Office charged Delvalle with
homicide, and the case remained pending at year's end.
There were no known developments in the case of Prosecutor Fleitas
Ramires and five police officers arrested and charged in the July 2010
killing of Marcos Roberto Carrion or in the case of 17 police officers
charged in August 2010 with manslaughter in the death of Gustavo Munoz.
b. Disappearance.--There were no reports of politically motivated
abductions; however, there were press reports of ``express
kidnappings'' for ransom, including reports of actions taken by
policemen with help after the fact from prosecutors, which occasionally
resulted in unresolved disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such treatment, and the government
generally respected these provisions in practice, although there were
reports that some government agents employed such treatment. The
Coordinator of Human Rights in Paraguay (CODEHUPY), made up of 33
nongovernmental organizations (NGOs) and civic organizations, reported
several allegations of police torture and other abuses designed to
extract confessions or intimidate detainees. On January 31, two police
officers allegedly kidnapped and tortured Cipriano Encina Casco and his
wife Reina Troche near Ciudad del Este. Encina claimed the police
officers beat and suffocated them with plastic bags while demanding
money and stealing their vehicle. The couple reported receiving
subsequent death threats from the officers against whom they filed a
complaint. The case remained under investigation by the Prosecutor's
Office at year's end.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally continued to fall short of international
standards. The most serious problems included violence, mistreatment,
overcrowding, inadequate and poorly trained staff, deteriorating
infrastructure, unsanitary living conditions, poor food safety
standards, and inadequate medical and psychological care. On January 3,
the minister of justice and labor announced the government would begin
closing the largest prison in the country, Tacumbu, starting with
transfers of prisoners to other prisons in 2012.
The country's 15 penitentiaries held more than 6,300 inmates, 20
percent more than their design capacity of 5,300. The penitentiary in
Ciudad del Este, designed to hold approximately 300 inmates, held more
than 650. Pretrial detainees were held with convicted prisoners in all
but two penitentiaries. Women constituted approximately 5 percent of
the prison population, and prison conditions for men and women were
comparable.
Prisons lacked adequate security controls. Inmates frequently
carried weapons and committed acts of violence, particularly against
other inmates. Through November the Ministry of Justice and Labor (MJT)
recorded the deaths of 17 prisoners in custody, some of whom were
killed by other inmates, and 18 injuries. There were cases of inmates
conducting illicit activities by bribing and conspiring with prison
guards. Visitors occasionally needed to offer bribes to visit
prisoners, hindering effective representation of inmates by public
defenders.
Inmates had access to potable water. There are prison ombudsmen,
and they are moderately effective. No significant steps to improve
record keeping or use alternatives to sentencing have been undertaken.
Prisoners had access to visitors and were permitted to observe
their chosen religion. Although in theory prisoners could submit
complaints, it is not clear that such submissions were always without
censorship. Authorities investigated credible allegations of inhumane
conditions and took steps to alleviate them within the limitations of
available resources.
In September 2010 prosecutors charged prison staff at Asuncion's
Tacumbu Prison with complicity in the production of child pornography
by inmates. Those charges and others against the former prison director
and security chief remained pending at year's end.
Although the MJT assigned minors convicted of juvenile crimes to
five youth correctional facilities in the country, some juvenile
offenders served their sentences in adult prisons. Living conditions in
juvenile facilities were generally better than in adult prisons.
Prison officials and unauthorized prisoner leadership frequently
separated inmates based on their ability to pay for better living
conditions. Inmates could upgrade their accommodations for a fee
ranging from 20,000 to 50 million guaranies (approximately $5 to
$12,500).
The government permitted independent monitoring of prison
conditions and granted the media, human rights groups, and diplomatic
representatives access to prisons with prior coordination from the MJT.
Representatives of the media, the International Committee of the Red
Cross, and other NGOs conducted prison visits during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arrest and
detention without an arrest warrant signed by a judge and stipulates
that persons detained must appear before a judge within 24 hours for an
initial hearing. There were some reports of arbitrary arrest and
detention of persons without a warrant.
Role of the Police and Security Apparatus.--The National Police,
under the authority of the Interior Ministry, preserves public order,
protects the rights and safety of persons and entities and their
property, prevents and investigates crimes, and implements orders given
by the judiciary and public officials. The military, under the
president's authority, guards the country's territorial integrity and
defends lawfully constituted authorities. The Defense Ministry, also
under the president's authority but outside the military's chain of
command, handles some defense matters. The law authorizes the
Antinarcotics Secretariat and the Antiterrorism Secretariat, both under
the president's authority, to enforce the law and maintain order in
matters related to narcotics trafficking and terrorism.
Civilian authorities generally maintained control over the security
forces. The security forces did not effectively coordinate law
enforcement efforts. Although the government has mechanisms to
investigate and punish abuses and corruption by the security forces,
there were reports of police involvement in crimes that went
unpunished. In 2010, 41 police officers were fired for a variety of
criminal offenses. From January to April, authorities dismissed 58
police officers for criminal behavior.
The 23,000-member National Police force was poorly trained,
inadequately funded, plagued by corruption, and shielded in large part
by impunity. There were frequent incidents of police involvement in
homicide, arms and narcotics trafficking, car theft, robbery,
extortion, and kidnapping throughout the country, with such abuses
particularly widespread in Ciudad del Este and other locations on the
border with Brazil. In 2010 the police recorded 160 formal complaints
against police officers, mostly for alleged physical abuse or abuse of
office. These complaints were generally unresolved. Some prosecutors
routinely conspired with police and criminal organizations to extort
and blackmail individuals.
In November 2010 military cadet Antenor Rafael Saiz Ribes filed a
complaint against the military academy alleging he was beaten and
verbally assaulted as part of a common hazing ritual. Although the
president subsequently replaced the commander of the corps of cadets,
further investigation was stymied by a lack of cooperation from
military authorities, who disregarded a summons to give testimony on
January 18.
The government continued efforts to decrease and punish human
rights violations committed by police. On January 28, the National
Police adopted a manual outlining circumstances in which police may use
force, and on August 9, the National Police commander approved rules
emphasizing transparency and respect for human rights in the
disciplinary process. In March the Public Ministry established a
special unit to receive, investigate, and prosecute human rights
abuses; the unit assumed the existing 850 open cases and is mandated to
deal with future complaints of human rights violations. There were no
reports of significant prosecutorial successes by year's end.
Arrest Procedures and Treatment While in Detention.--Police may
arrest individuals when authorized by a judicial or prosecutorial
warrant or when they discover a crime in process. The law provides
that, after making an arrest, police have up to six hours to notify the
Prosecutor's Office, at which point the Prosecutor's Office has up to
24 hours to notify a judge that it intends to prosecute the case. The
law provides detainees with the right to a prompt judicial
determination regarding the legality of the detention, and authorities
appeared to respect this right in practice and to inform detainees
promptly of the charges against them.
The law allows judges to utilize ``substitute measures'' such as
house arrest and bail in felony cases. In misdemeanor cases, judges
frequently set relatively high bail, and many poor defendants were
unable to post bond while those with political connections often paid
minimal or no bonds.
The law grants accused criminals the right to counsel, and the
government provides representation to poor defendants. The quality of
representation was degraded by the size of the public defenders'
caseloads. The government permitted defendants to hire attorneys at
their own expense. Detainees had access to family members.
Pretrial Detention.--The law permits detention without trial until
the accused completes the minimum sentence for the alleged crime.
Approximately 70 percent of prisoners were in pretrial detention during
the reporting period. The law stipulates that pretrial detention may
range from six months to five years, based on the nature of the crime.
In practice detention was arbitrarily lengthy, and some detainees were
held beyond the maximum allowable detention time. Judicial
inefficiencies and corruption in the judiciary caused significant trial
delays and extended pretrial detention.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; in practice, however, political interference
seriously compromised that independence. Judicial selection processes
were highly politicized, with specific seats customarily allocated by
political party. Courts remained inefficient and subject to corruption.
Politicians and interested parties routinely attempted to influence
investigations and pressure judges and prosecutors. There were also
frequent accusations that judges and prosecutors solicited bribes to
drop or modify charges against defendants.
Trial Procedures.--The constitution provides for the right to a
fair trial, which the judiciary nominally enforced through a lengthy
trial process. A 2009 Center for Judicial Studies report revealed that
only 48 percent of cases initiated in 2008 were resolved within one
year. Wealthy or well-connected defendants received impunity by
conspiring with judges and often filing specious motions that slowed
legal progress until their cases reached the statute of limitations.
The law provides for the use of three-judge tribunals in lieu of
juries to rule on procedure, determine guilt or innocence, and decide
sentences. A majority opinion is required to convict. One judge
presides over civil cases as well as misdemeanor cases with maximum
punishments not exceeding two years in prison.
All trials are open to the public. The law requires prosecutors to
indict accused persons within 180 days of arrest, although prosecutors
and public defenders at the Public Ministry lacked the resources to
perform their jobs adequately. Defendants enjoy a presumption of
innocence and a right of appeal, and defendants and prosecutors may
present written testimony from witnesses and other evidence. Defendants
have the right of access to state evidence relevant to their cases.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--In response to the August
2010 decision of the Inter-American Court of Human Rights in the Xakmok
Kasek indigenous community case, the government informed the court in
August that a presidential decree revoking the private nature reserve
of the property in question was being prepared, thus paving the way for
compliance with the land transfer ruling. Negotiations were underway
for the purchase of land.
During the year the government partially complied with two court
rulings. Concerning the 2006 decision in favor of the Sawhoyamaxa
indigenous community, the government continued to provide monetary
restitution but did not award land to the community.
Regarding the 2005 judgment in favor of the Yakye Axa indigenous
community, the community accepted in principle the government's planned
purchase of approximately 37,000 acres of alternative land for
resettlement to replace ancestral land on which community members were
living. The government subsequently allocated funds, identified such
acreage on the El Algarrobal ranch, and on December 10 announced that
it had agreed on the purchase price. The Yakye Axa agreed to relocate
to the El Algarrobal property.
Civil Judicial Procedures and Remedies.--Citizens have access to
the courts to bring lawsuits seeking damages for, or cessation of,
human rights violations. There are administrative and judicial remedies
for alleged wrongs, although authorities rarely granted them to
citizens. The government experienced problems in enforcing court
orders.
Property Restitution.--The government generally enforced court
orders with respect to seizure, restitution, or compensation for taking
private property. However, systemic failures occurred. For example, in
Puerto Casado land disputes dating back to 2000 between local residents
and the land-owning business Victoria SA resulted in periodic clashes
and damage to private property, while the government did not enforce
judicial decisions and court orders to return occupied land to the
landowner.
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.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. Individuals
criticized the government publicly and privately, generally without
reprisal or impediment.
Violence and Harassment.--Because of their reporting, journalists
were on occasion subjected to harassment, intimidation, and violence--
primarily from drug trafficking gangs and criminal syndicates based in
departments bordering Brazil but also from politicians. In May Fermin
Jara, a writer with the daily newspaper ABC Color, along with Carlos
Bottino and Samir Sanchez, journalists with Radio Parque in Ciudad del
Este, alleged that the governor of Alto Parana, Nelson Aguinagalde,
sought to intimidate them. The journalists claimed that Aguinagalde
threatened to ``kill them with a machine gun'' if they continued to
criticize his administration. They also claimed that, at the request of
Governor Aguinagalde, the radio programs hosted by Bottino and Sanchez
were censored and later cancelled because of their refusal to stop
their criticism of the governor.
Libel Laws/National Security.--Political officials often retaliated
against media criticism by invoking criminal libel laws and suing the
media to intimidate journalists and suppress further investigations.
For example, in 2010 ABC Color managing director Aldo Zuccolillo faced
criminal charges relating to defamation suits brought against him by
former government officials. On April 7, authorities ordered him to pay
236 million guaranies ($59,000) plus interest for questioning the
judicial decision that freed former president Luis Angel Gonzalez
Macchi from prosecution. An appeal was pending at year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
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.--See the Department of State's
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 law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government's National Commission of Refugees cooperated
with the Office of the U.N. 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 NGO
Committee of Churches for Emergency Aid acted as the U.N.'s local legal
representative.
Foreign Travel.--Authorities on occasion barred those convicted of
crimes from traveling abroad after completing their sentences.
Protection of Refugees.--Access to Asylum.--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.
Durable Solutions.--The government permits persons refused asylum
or refugee status to obtain legal permanent residency.
Temporary Protection.--The government also provided temporary
protection to individuals who may not qualify as refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens 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.--Recent Elections.--In the
2008 multiparty general elections, Fernando Armindo Lugo Mendez of the
Patriotic Alliance for Change won the presidency. International
observers characterized the elections as generally free and fair.
Participation of Women and Minorities.--There were no legal
impediments to women's participation in government and politics. There
were 17 women in congress (seven of 45 senators and 10 of 80 national
deputies). Of 39 appeals court judges, 11 were women. Two women served
on the Supreme Court and one as a departmental governor. One woman
headed a cabinet-level ministry, and four women held ministerial rank.
In the November 2010 municipal elections, 18 women won mayoral contests
in 238 cities. The head of the country's largest political party, the
Colorado Party, was a woman. The electoral code requires that at least
20 percent of each party's candidates in internal party primaries be
women, and this requirement was met.
Although there were no legal impediments to participation by
minorities or indigenous persons in government, there were no
indigenous persons or members of minorities serving as governor or in
the cabinet, legislature, or Supreme Court.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the government did not implement the law effectively, and some
officials in all branches and at all levels of government frequently
engaged in corrupt practices with impunity. Under a law that prohibits
court cases from lasting longer than five years, politicians convicted
in lower courts routinely avoided punishment by filing appeals and
motions until the statute of limitations expired. The World Bank's
Worldwide Governance Indicators reflected that corruption was a serious
problem.
The Public Ministry, under the authority of the attorney general,
has a dedicated prosecutorial unit to combat corruption. Elected
officials are required to disclose their finances before running for
office; however, filings often were late, incomplete, or misleading. In
addition, many simply did not disclose their finances and engaged in
corrupt practices with impunity, using political immunity to avoid
prosecution. In July 2010 the interior minister, who oversees the
National Police, announced that all policemen must file reports of net
worth every three years and when they are eligible for promotion. There
were no reports on compliance with this directive.
Corruption in the 10,000-member military continued. Several senior
leaders at the military's primary training facility repaid money during
the year that they had extorted from their subordinates.
The case against suspended prosecutor Gustavo Gamba, who had been
taped in 2009 receiving an illicit payment of 360 million guaranies
($90,000) from Senator Victor Bernal Garay, remained pending after the
Constitutional Bench of the Supreme Court ruled March 4 against a
motion to dismiss the charges.
Former principal commissioner and third-ranking officer in the
National Police chain of command, Eligio Ibarra Hlavasek, and
Commissioner Nery Vera both admitted to receiving bribes from business
owners in return for assigning policemen to provide security for their
businesses. In February they were ordered to pay 2.4 million guaranies
($600) to a charity.
Although the law provides for public access to government
information, citizens and noncitizens, including foreign media, had
limited access to government information. Insufficient infrastructure
and determined efforts to hide corruption hindered access, although the
government improved transparency by publishing information publicly via
the Internet.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
More than 50 domestic and international human rights groups,
including the International Organization for Migration, International
Labor Organization (ILO), and UNICEF, operated without government
restriction, investigating and publishing their findings on human
rights cases. Major local NGO umbrella organizations representing many
local human rights NGOs operated independently.
Government officials cooperated with domestic NGOs and met with
domestic NGO monitors but often did not take action in response to
their reports or recommendations. The government generally cooperated
with international human rights groups, humanitarian NGOs, and
international governmental organizations and regularly permitted visits
by their representatives.
Government Human Rights Bodies.--The term of Ombudsman Manuel Paez
Monges, the country's primary human rights advocate, expired in August
2010, but he continued to serve with no apparent movement to find a
replacement. The ombudsman employed approximately 163 lawyers and
support personnel. Human rights organizations, victims of the
Stroessner dictatorship, and several congress members criticized Monges
for what they considered ineffective handling of cases. His office
lacked independence and initiative, published no significant reports
during the year, and has not issued an annual report on human rights to
congress since 2005.
The Senate Committee on Human Rights made frequent fact-finding
trips within the country but has not issued any reports since 2008.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. However, women, LGBT persons, and
indigenous persons faced discrimination in practice.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and provides penalties of up to 10 years in
prison for rape or forcible sexual assault. If the victim is a minor
under the age of 18, the sentences range from three to 15 years.
According to the Public Ministry, rape continued to be a significant
and pervasive problem. The government generally prosecuted rape
allegations and often obtained convictions; however, many rapes went
unreported due to fear of stigma and of retribution or further
violence. Police generally did not give a priority to acting on rape
reports. In 2010 the Public Ministry reported 892 cases of rape.
No unified official statistics accurately track the number of
reported cases of domestic violence; however, the Public Ministry
registered 1,977 cases of ``family violence'' in 2010. Although the law
criminalizes domestic violence, including spousal abuse and
psychological violence, and stipulates a penalty of two years in prison
or a fine for those who are convicted, it requires that the abuse be
habitual and that the aggressor and victim be ``cohabitating or lodging
together'' before it is considered criminal. Those convicted were
typically fined. Despite increased reports of domestic violence,
individuals often withdrew complaints soon after filing due to spousal
reconciliation or family pressure. In some cases the courts mediated in
domestic violence cases, but there were no reliable statistics
available as to the results. Domestic violence was very common, and
thousands of women were treated for injuries sustained in domestic
altercations, but the government took little action to combat the
problem. The emergency 911 system took 16,974 calls on domestic
violence in 2009, resulting in only 286 formal complaints to police.
Throughout the country, the National Police oversaw six domestic
violence units staffed with approximately 30 police officers and
administered from existing police stations in Asuncion, Encarnacion,
Villa Elisa, and Villarrica. In 2010 the Secretariat of Women's Affairs
(SMPR) received 2,030 complaints of domestic abuse (410 for physical
beating, 861 for psychological attacks, 642 for economic distress, and
117 for sexual abuse).
The SMPR operated a shelter for female victims of trafficking and
domestic violence in Asuncion and intervened in 1,741 cases in 2010. It
coordinated victim assistance efforts, public outreach campaigns, and
training with the National Police, healthcare units, the Public
Ministry, and women's NGOs. NGOs provided health and psychological
assistance, including shelter, to victims. The SMPR and the Public
Ministry also provided victim assistance courses for police, healthcare
workers, and prosecutors.
Sexual Harassment.--The law prohibits sexual harassment and
stipulates a penalty of two years in prison or a fine; however, sexual
harassment remained a problem for many women. Prosecutors found sexual
harassment and abuse claims difficult to prove, and most complaints
were settled privately without involving prosecutors.
Reproductive Rights.--Couples and individuals had the right to
decide freely the number, spacing, and timing of their children and had
the information and means to do so free from discrimination. The
government provided access to information on contraception and skilled
attendance at delivery and in postpartum care. According to U.N.
estimates for 2008-09, the maternal mortality rate was 95 deaths per
100,000 live births, with 82 percent of births attended by skilled
health personnel. Seventy percent of women ages 15-49 reportedly used a
modern method of contraception, despite religious bans on
``artificial'' contraception. Reproductive health services were
concentrated in cities, and rural areas faced significant gaps in
coverage. Adolescent pregnancy continued to be a problem. CODEHUPY
speculated that the reason for the high rate of such pregnancy was that
``sex education in school curricula lacks the incorporation of
perspectives regarding lay society, gender, and human rights.'' Women
and men had equal access to diagnostic services and treatment for
sexually transmitted infections.
Discrimination.--Although women generally enjoyed the same legal
status and rights as men, gender-related discrimination was widespread
and deeply ingrained. Employers often paid women significantly less
than men for comparable work, and women experienced more difficulty
finding work. Women generally were employed as domestic workers,
secretaries, and customer service representatives. The Economic
Commission for Latin America and the Caribbean reported unemployment
levels of 7 percent for women and 4 percent for men. Women in the
private sector earn on average approximately 73 percent of the monthly
pay of their male counterparts. The SMPR promoted the rights of women
and sponsored programs intended to give women equal access to
employment, social security, housing, ownership of land, and business
opportunities. Its minister-level director reports directly to the
president.
Children.--Birth Registration.--Nationality is derived by birth
within the country's territory, by birth to government employees in
service outside the country, or by birth to a citizen residing
temporarily outside the country. Citizenship is conveyed to all
nationals who attain the age of 18 as well as to older individuals when
they are naturalized.
Child Abuse.--Available information indicates that violence against
children was widespread and equally prevalent among rural and urban
families. Authorities often did not act on complaints of child abuse.
The Secretariat of Children and Adolescents (SNNA) provided funds to
the Grupo Luna Nueva hostel for exploited children. In Ciudad del Este
the NGO Children's and Adolescents' Care and Assistance Center managed
a shelter partially supported by the SNNA, and local Catholic charities
operated several children's homes and orphanages in several locations.
In many cities the municipal council for children's rights assisted
abused and neglected children.
Sexual Exploitation of Children.--Sexual exploitation of children,
principally in prostitution, was a serious problem. According to the
SNNA, many underage children were forced into prostitution or domestic
servitude for survival and were sexually abused. The law provides
penalties of up to six years' imprisonment for prostitution of victims
between the ages of 14 and 17 and eight years' imprisonment for victims
younger than 14. The minimum age for consensual heterosexual sex is 14
when married and 16 when not married. While there is a statutory rape
law for those under 14, the maximum penalty is a fine for opposite-sex
partners and prison for same-sex partners. Enforcement was not
vigorous. Child pornography is illegal. Production of pornographic
images can result in a fine or up to three years in prison. Authorities
may increase this penalty to 10 years in prison depending on the age of
the child and the child's relationship to the abuser.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information, see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.
Anti-Semitism.--The Jewish community has fewer than 1,000 members.
There were no reports of anti-Semitic acts or reports of societal
abuses or discrimination based on other religious affiliation, belief,
or practice.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other state
services. The law does not mandate accessibility for persons with
disabilities, and most of the country's buildings were inaccessible.
Many persons with disabilities faced significant discrimination in
employment; others were unable to seek employment because of a lack of
accessible public transportation. The Ministry of Education estimated
that at least half of all children with disabilities did not attend
school because public buses could not accommodate them. The National
Institute for the Protection of Exceptional People is responsible for
legally confirming disability status.
As of March there were 686 government employees with disabilities,
constituting approximately 1 percent of public-sector employees. On
February 23, the Asuncion City Council approved an ordinance
establishing architectural requirements for accessibility to buildings
and on sidewalks, as well as fines for lack of compliance. There are no
laws to ensure access to information and communications.
Indigenous People.--The law provides indigenous people the right to
participate in the economic, social, political, and cultural life of
the country; however, the government did not always effectively protect
those rights. Discrimination and lack of access to education, health
care, shelter, and sufficient land hindered the ability of indigenous
persons to progress economically while maintaining their cultural
identity. The law protecting the property interests of indigenous
persons was not respected in practice.
A 2008 census reported an indigenous population of approximately
108,000 and estimated that 39 percent over age 15 were illiterate and
approximately 48 percent were unemployed. According to the General
Directorate of Statistics, Surveys, and Censuses (DGEEC), the average
monthly income of the indigenous population in 2008 was approximately
half the minimum wage of the nonindigenous population.
Indigenous workers engaged as laborers on ranches earned low wages,
worked long hours, were paid infrequently or not at all, and lacked
benefits. This situation was particularly severe for indigenous persons
engaged as laborers on ranches and estates in the Chaco region.
The National Institute of the Indigenous (INDI), the Public
Ministry, and the Ombudsman's Office are responsible for protecting and
promoting indigenous rights. However, the INDI lacked funding to
purchase land on behalf of indigenous persons and required them to
register for land at its office in distant Asuncion.
The law authorizes indigenous persons to determine how to use their
land, leading many of them to transfer or rent their land to
nonindigenous persons, some of whom illegally harvested fish or
deforested the lands through cultivation. There were insufficient
police and judicial protections from encroachments on indigenous lands,
and few indigenous persons held title to their ancestral lands.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The Public Ministry is
responsible for investigating discrimination cases; however, government
agents often condoned discrimination on the basis of sexual
orientation.
Penalties for the crime of having sex with a minor between the ages
of 14 and 16 differ depending on the sex of the victim and perpetrator.
Same-sex perpetrators are subject to up to two years in prison; the
maximum penalty for opposite-sex perpetrators is a fine.
There are no laws explicitly prohibiting discrimination against
LGBT individuals in employment, housing, statelessness, access to
education, or health care, and all types of such discrimination,
including societal discrimination, occurred frequently.
Other Societal Violence or Discrimination.--CODEHUPY noted that
individuals with HIV/AIDS faced discrimination as well as societal
intimidation in health care, education, and employment.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows both private- and public-sector workers to form and join
independent unions (with the exception of the armed forces and the
police), to conduct legal strikes, and to bargain collectively. The law
prohibits antiunion discrimination. The government did not place
restrictions on collective bargaining and did not require approval for
collective agreements to be valid.
All unions must register with the MJT. The law requires that
industrial unions have a minimum of 300 members to register, a
requirement considered excessive by international standards.
The law also prohibits binding arbitration and retribution against
union organizers and strikers. The law prohibits antiunion
discrimination; however, courts are not required to reinstate workers
fired for union activity.
The government did not always effectively enforce these provisions.
Procedures were subject to lengthy delays, mishandling of cases, and
allegedly corruption.
Workers exercised freedom of association and the right to
collective bargaining in practice. Although the official union
registration process was cumbersome and could take more than a year,
the MJT typically issued provisional registrations within weeks of
application to allow new labor unions to operate. Unions often began
operating on the date of their provisional registration. Worker
organizations were independent of the government and political parties.
Most workers, however, including farmers, ranchers, and informal
sector employees, did not have access to labor unions. Many of these
workers were members of farm workers' movements. Steel and maritime
workers and employees at meat-processing plants often did receive
relevant legal protections.
The government failed to prevent retaliation by employers who took
action against strikers and union leaders. The courts provided due
process through mechanisms such as voluntary arbitration.
Antiunion discrimination occurred in practice. Some union
organizers experienced harassment and dismissal for union activities.
Some workers allegedly chose not to protest due to fear of reprisal or
anticipation of government inaction. Authorities arrested three members
of the union at the steelmaker Acepar, and on April 23, the high court
declared their strike illegal.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
transnational forced or compulsory labor but does not criminally
penalize forced labor within the country. The government did not
effectively enforce such laws, and there were reports that forced labor
occurred in practice. There were reports of forced child labor (see
section 7.c.).
The media continued to report allegations of debt labor primarily
of men, but also of some older children, on the estates and ranches of
the Chaco region. Receiving little to no wages, some indigenous workers
allegedly contracted debts with their employers, who advanced them pay
to meet the cost of food and clothes as well as of sending their
children to school. This situation was severe for women in domestic
service, who were reportedly not compensated for their work and faced
abuse. There were some reports of forced child labor, particularly in
domestic service (see section7.c.). The government's Commission on
Fundamental Rights at Work and the Prevention of Forced Labor has taken
no public action since its creation in 2009.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for formal, full-time employment is 18 years. Adolescents
between the ages of 14 and 17 may work so long as they have a written
authorization from their parents, attend school, do not work more than
four hours a day, and do not work more than 24 hours per week.
Adolescents between the ages of 16 to 18 who do not attend school may
work up to six hours a day with a weekly ceiling of 36 hours. Children
younger than 13 years old are prohibited from working.
The government did not effectively enforce laws protecting children
from exploitation in the workplace. The MJT is responsible for
enforcing child labor laws, and the Public Ministry prosecuted
violators. The country's National Commission for the Prevention and
Eradication of the Exploitation of Children worked to eliminate
exploitative child labor by increasing awareness, improving legal
protections and public policy, and implementing monitoring systems;
however, resource constraints limited the effectiveness of these
efforts.
According to Article 389 of the Labor Code and Article 257 of the
Child Law Code, the maximum administrative penalty for employing a
child under the age of 14 is 3.25 million guaranies (approximately
$812). The same articles stipulate that employers who employ
adolescents between 14 and 17 under hazardous conditions will pay the
maximum administrative penalty of 3.25 million guaranies (approximately
$812).
The National Secretariat of Children and Adolescents administered
the Abrazo (``Hug'') program to assist families with children at risk
of working in the streets. Since its inception the program has reached
11,651 children and families. The Secretariat for Social Action
administered the Tekopora (``Well-being'') program that paid parents of
street children a monthly stipend to send their children to school.
Between 83,000 and 98,700 families have registered with Tekopora. The
SNNA's Summer Operation and Winter Operation programs brought 920
children of street workers into shelters when school was not in
session. A similar program was also created for indigenous families and
has brought shelter and support to approximately 564 children and
families in rural indigenous communities.
Child labor was a problem, particularly in brick and lime
manufacturing, domestic service, and agricultural sectors. A 2007 ILO
study reported that 970,000 (53 percent) of children between the ages
of five and 17 worked more than one hour per day, and 862,0000 worked
at least 14 hours per week. The study did not disaggregate child
workers by sector, but it reported that most worked in agriculture.
From August to October the SNNA conducted the first national survey on
child labor, but the findings were not published by the end of the
year. In rural areas 23 percent of children worked, compared with 13
percent of urban children.
Children, primarily boys, worked in the manufacturing and
agricultural sectors (including cotton, beans, soy, sesame, wheat,
peanuts, and stevia production) and in the hotel, restaurant, and
transportation industries. Children also worked as vendors in markets.
An estimated 60,000 children, primarily girls, worked as child domestic
servants and received no pay. In exchange for work, employers promised
child domestic servants room, board, and financial support for school.
However, some of these children were victims of forced child labor, did
not receive pay or the promised benefits in exchange for work, were
sometimes subject to sexual exploitation, and often lacked access to
education.
The worst forms of child labor occurred where malnourished, abused,
or neglected children worked in unhealthy and hazardous conditions
selling goods or services on the street, working in factories, or
harvesting crops. Slavery and similar practices occurred, particularly
in prostitution and domestic servitude. Parents and guardians
reportedly sold their children for such purposes, and children were
used, procured, and offered to third parties for illicit activities.
Some minors worked as drug smugglers along the border with Brazil as
part of criminal syndicates.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The mandatory national minimum
wage was approximately 1.6 million guaranies ($400) per month, and the
per capita monthly income was approximately 970,000 guaranies ($243).
The law provides for a standard legal workweek of 48 hours (42
hours for night work) with one day of rest. The law also allows an
annual bonus of one month's salary, and a minimum of 12 and a maximum
of 30 vacation days per year, depending on years of service. The law
requires overtime payment for hours in excess of the standard. There
are no prohibitions of or exceptions for excessive compulsory overtime.
The Labor Code stipulates a fine of 30 minimum daily wages for an
employer who pays below minimum wage.
The government sets occupational health and safety standards of
safety, hygiene, and comfort. Workers have the right to remove
themselves from situations that endanger their health or safety without
jeopardy to their employment, but authorities did not effectively
enforce this right in practice. The law stipulates penalties up to
three to five years in prison for employing persons in hazardous
conditions or coercing persons to work.
Government actions to prevent violations of minimum wage provisions
were limited to information campaigns. The MJT did not effectively
enforce the minimum wage or limitations on hours of work in the formal
or the informal sector. The MJT also failed to enforce provisions for
overtime pay, and the Ministry of Health did not enforce occupational
safety and health regulations effectively. In 2010 the MJT had 30
inspectors in Asuncion and nine in regional offices.
In July 2010 the DGEEC estimated that in practice 40 percent of
private-sector workers and 80 percent of public-sector workers earned
minimum wage or higher. However, approximately 42 percent of the
population earned less than minimum wage. Many employers violated
provisions requiring overtime pay, particularly in the food service and
agricultural industries, and reportedly in domestic service.
Credible data on workplace accidents were unavailable.
__________
PERU
executive summary
Peru is a constitutional, multiparty republic. Ollanta Humala Tasso
of the Peruvian Nationalist Party (part of the Gana Peru electoral
alliance) won the June presidential run-off elections in a vote
considered free and fair and assumed office on July 28. Security forces
reported to civilian authorities.
The most serious human rights problems included violence against
women and children, trafficking in persons, and government corruption.
The following human rights problems also were reported: killings by
security forces of protesters during demonstrations, harsh prison
conditions, abuse of detainees and inmates by prison security forces,
lengthy pretrial detention and inordinate trial delays, intimidation of
the media, incomplete registration of internally displaced persons, and
discrimination against women. There also was discrimination against
individuals with disabilities; members of racial and ethnic minority
groups; indigenous persons; lesbian, gay, bisexual, and transgender
persons; and persons with HIV/AIDS. Other problems were a lack of labor
law enforcement and the exploitation of child labor, particularly in
informal sectors.
The government took steps to investigate and in some cases
prosecute or otherwise punish public officials who committed abuses.
Officials sometimes engaged in corrupt practices with impunity.
The terrorist organization Sendero Luminoso (Shining Path) was
responsible for killings and other human rights abuses, including the
recruitment of child soldiers, extortion, and intimidation.
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 episodes of societal unrest, security forces killed 12 protesters.
The majority of these episodes were a result of socioenvironmental
conflicts. In addition, one person died as a result of police abuse.
On April 24, Gerson Falla died after police officers detained him
in Lima. The report of internal police investigators released on July
26 stated that Falla's death resulted from police abuse. Three police
officers were retired, and a fourth was suspended for four months. On
August 9, Attorney General Jose Pelaez stated that the director of the
VII Police Region, Javier Sanguinetti, should be prosecuted for this
crime. At year's end Sanguinetti's prosecution remained pending.
There were several deaths during social protests. For example, on
April 27, two protesters in the province of Islay, Arequipa Region,
died in a riot against the Tia Maria mining project when they
apparently were shot by police officers trying to control the
situation. On June 21 and 22, police reportedly killed three persons in
the province of Tayacaja, Huancavelica Region, during a protest against
the creation of a new university that demonstrators claimed would have
diverted resources from the existing regional university. On June 25,
in the city of Juliaca, Puno Region, six people died during an attempt
by protesters to take over the Juliaca Airport as part of a protest
against mining in the region. On December 2, in the southern Lima
Region town of Canete, a protester died, apparently shot by police,
during a demonstration against the expansion of the La Cantera jail.
Investigations continued in all cases; at year's end no one had been
charged.
In May a military police court convicted two police officials and
one army official for their actions during the 2009 deadly clashes
between police and indigenous protesters in and around Bagua, Amazonas
Region. Peruvian National Police (PNP) General Luis Mugurza was
sentenced to 36 months in prison (suspended and ordered to pay
reparations of 10,000 New Soles (approximately $3,700). PNP General
Javier Uribe received a 24-month sentence (suspended for one year) and
was ordered to pay 7,000 New Soles ($2,600). Army General Raul Silva
Alban received a 12-month sentence and a fine of 4,000 New Soles
($1,480).
On August 11, the Constitutional Tribunal rejected former president
Alberto Fujimori's habeas corpus petition, thus confirming his 2009
sentence of 25 years' imprisonment for authorizing the mass killings at
Barrios Altos and La Cantuta in 1991 and 1992, respectively.
Juan Manuel Rivera Rondon and Telmo Ricardo Hurtado Hurtado,
implicated in the 1985 killings of 69 villagers during a military raid
on the village of Accomarca, Ayacucho Region, remained in custody while
on trial in the Third Supraprovincial Court. On July 14, Hurtado was
extradited from the United States and at year's end remained in the
Castro Castro Prison.
During the year members of two Shining Path factions conducted 74
terrorist acts (including armed actions and proselytism) in remote
coca-growing areas that resulted in the killings of 14 soldiers in the
Apurimac and Ene River Valleys (VRAE) emergency zone and five civilians
in the emergency zone of the Upper Huallaga Valley (UHV). The two
emergency zones were located in parts of Ayacucho, Cusco, Huancavelica,
Huanuco, Junin, San Martin, and Ucayali regions. For the first time
since 2003, there were no police casualties.
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 law prohibits such practices. There were reports that
security officials used excessive force, and authorities inconsistently
punished those who committed such abuses.
Allegations of abuse most often arose immediately following an
arrest, when families were prohibited from visiting suspects and when
attorneys had limited access to detainees. In some cases police and
security forces threatened or harassed victims, relatives, and
witnesses to prevent them from filing charges of human rights
violations. According to the nongovernmental Human Rights Commission
(COMISEDH), some victims were reluctant to pursue judicial proceedings
for fear that members of the security forces involved in abuses would
be released without being charged. COMISEDH reported that five cases of
alleged aggravated torture, two of which ended in death, by security
forces were reported to provincial prosecutors, while the Office of the
Human Rights Ombudsman reported such 25 cases.
Prison and Detention Center Conditions.--Prison conditions were
harsh for most of the country's inmates, who at year's end numbered
51,516, of whom 3,157 were women and 1,358 were juveniles ages 18-19.
The National Penitentiary Institute (INPE) operated 43 of the active
prisons, the PNP had jurisdiction over 14, and 13 were operated
jointly. Prisoners with money had access to cell phones, illegal drugs,
and meals prepared outside the prison; prisoners who lacked funds
experienced much more difficult conditions. Overcrowding, poor
sanitation, and inadequate nutrition and health care were serious
problems. Inmates had intermittent access to potable water, bathing
facilities were inadequate, kitchen facilities were unhygienic, and
prisoners often slept in hallways and common areas for lack of cell
space. There was basic medical care at most prisons, but there were
complaints that inmates had to pay for medical attention. There was
also a lack of doctors; only 63 doctors worked in the prisons, of whom
34 were based in the capital city area. Tuberculosis and HIV/AIDS
reportedly remained at near-epidemic levels: the incidence of
tuberculosis was 20 times higher than outside the prisons, while the
HIV/AIDS rate was three times higher. The San Juan de Lurigancho men's
prison held 6,334 prisoners in a facility designed for 3,204. INPE
operated a high-security prison in the jungle area of Iquitos that was
in poor condition and continued under renovation.
Prisons for women also were overcrowded and marked by conditions
similar to those for men. In an INPE-operated facility for women opened
in 2008, prisoners continued to complain about dormitory-style sleeping
quarters.
Prison guards and fellow inmates reportedly abused prisoners.
Guards received little or no training or supervision. There were
killings in prisons attributed to fellow inmates.
Pretrial detainees were held temporarily in pretrial detention
centers located at police stations, judiciary buildings, and the Palace
of Justice, in most cases with convicted prisoners.
According to the Ombudsman's Office, overcrowding was partially
relieved by the issuance of 1,181 presidential pardons between August
2010 and July 2011. Most of those pardoned were youths, sick inmates,
or petty criminals.
The government permitted monitoring visits by independent human
rights observers. During the year International Committee of the Red
Cross (ICRC) officials made 42 unannounced visits to inmates in 17
prisons and detention centers and met with 593 persons in accordance
with standard modalities. Ombudsman representatives also made regular
visits to Lima and provincial prisons.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities allowed prisoners and
detainees to submit complaints to judicial authorities without
censorship and request investigation of credible allegations of
inhumane conditions. Authorities investigated such complaints and
documented the results in a publicly accessible manner. The ombudsman
reported that most complaints stemmed from the failure of authorities
to release inmates on time due to delays in the judicial process or
INPE procedures and stated that the number of such complaints during
the year diminished because of improved INPE recordkeeping. Human
rights advocates maintained that the government failed to allocate the
resources needed to monitor and improve prison conditions and
criticized INPE leadership for lacking competence. The government took
no steps to use alternatives to prison sentencing for nonviolent
offenders.
On August 18, the new administration replaced the head of the INPE
with penal expert Jose Luis Perez Guadalupe, who immediately made
significant changes to the prison management system, including
reinstating the system of appointments of inmate ``delegates'' to serve
as liaison to the administration. This decision put Perez at odds with
the leaders of the unofficial power structure that existed among
inmates.
d. Arbitrary Arrest or Detention.--The constitution and laws
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions. However, isolated cases occurred, and the
right to freedom from arrest without warrant was suspended in emergency
zones, where police or military were in control of internal security.
On December 4, the government decreed a 60-day state of emergency in
four provinces of Cajamarca Region to quell protests against a mining
project. The government lifted the state of emergency on December 15,
after protesters removed roadblocks. On December 6, six members of the
Cajamarca antimining coalition, including one prominent leader, claimed
to have been improperly detained for 10 hours after participating in a
congressional hearing in Lima. The police officers involved claimed the
detainees had not provided proof of identity.
Role of the Police and Security Apparatus.--The PNP, with a force
of approximately 100,000, is responsible for all areas of law
enforcement and internal security except in the VRAE emergency zone,
where the military is responsible for internal security. The PNP
functioned under the authority of the Ministry of the Interior.
The armed forces, with approximately 115,000 personnel, are
responsible for external security under the authority of the Ministry
of Defense but also have limited domestic security responsibilities,
particularly in the VRAE emergency zone.
Observers noted that the PNP was undermanned and its members lacked
training and professionalism. According to an evaluation by the
National Office for Civil Defense (INDEPI), cited in an Ombudsman's
Office report issued during the year, more than half of police stations
were considered ``high risk'' or insecure in the event of natural
disasters or social unrest. There were reform initiatives underway to
address these issues: Supreme Decree 002-2011-N, issued in February,
provides funds for corrective renovation, and a Citizen Security Fund
(created under Urgent Decree 052-2011, published in September) is to be
used to acquire new equipment and repair existing equipment used
against crime.
Corruption and a high rate of acquittals for military personnel
accused of crimes remained problems (see section 4). The ministries of
interior and defense employed internal mechanisms to investigate
allegations of abuses by security forces. The Public Ministry conducted
investigations, although access to evidence held by the Ministry of
Defense was not always forthcoming. The Ombudsman's Office can also
investigate cases but must refer any conclusions to the Public Ministry
for follow-up.
The PNP is charged with witness protection responsibilities but
lacked resources to provide officer training, conceal identities, or
offer logistical support to witnesses. Officers often used their own
homes to protect witnesses.
Arrest Procedures and Treatment While in Detention.--The law
permits police to detain persons for investigative purposes. Outside of
emergency zones, persons were apprehended openly. The law requires a
written judicial warrant based on sufficient evidence for an arrest
unless the perpetrator of a crime is apprehended in the act. Only
judges may authorize detentions. Authorities are required to arraign
arrested persons within 24 hours, except in cases of terrorism, drug
trafficking, or espionage, for which arraignment must take place within
15 days; in remote areas arraignment must take place as soon as
practicable. Military authorities must turn over persons they detain to
the police within 24 hours. The law requires police to file a report
with the Public Ministry within 24 hours after an arrest. The Public
Ministry, in turn, must issue its own assessment of the legality of the
police action in the arrest; authorities respected this requirement in
practice.
The time between an arrest and an appearance before a judge
averaged 20 hours. Judges have 24 hours to decide whether to release a
suspect or continue detention. A functioning bail system exists, but
many poor defendants lacked the means to post bail. By law detainees
are allowed access to family members and a lawyer of their choice.
Police may detain suspected terrorists incommunicado for 10 days. The
Ministry of Justice provided indigent persons with access to an
attorney at no cost, although these attorneys often were poorly
trained. Several nongovernmental organizations (NGOs) provided training
for attorneys.
Pretrial Detention.--Lengthy pretrial detention continued to be a
problem. By October authorities had sentenced only 21,684 of the 51,516
persons held in detention facilities and prisons. According to INPE
statistics, as of October approximately 58 percent of those in prison
were awaiting trial, the majority for one to two years. Delays were due
mainly to judicial inefficiency, corruption, and staff shortages. The
law requires release of prisoners who have been held more than 18
months without being tried and sentenced; the period is extended to 36
months in complex cases. Under the new penal procedural code (see
section 1.e., Trial Procedures), the terms are nine months for simple
cases and 18 months for complex ones.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected this
provision in practice. NGOs and other analysts complained that the
judiciary was politicized and corrupt (see section 4).
Trial Procedures.--The law provides for the right to a fair and
public trial, and an independent judiciary generally enforced this
right. The justice system is based on the Napoleonic Code. A prosecutor
investigates cases and submits an opinion to a first-instance judge,
who determines if sufficient evidence exists to open legal proceedings.
A judge conducts an investigation, evaluates facts, determines guilt or
innocence, and issues a sentence. All defendants are presumed innocent;
they have the right to be present at trial, call witnesses, and be
represented by counsel. The Ministry of Justice provided indigent
defendants with access to an attorney at no cost, although these
attorneys often were poorly trained. Defendants and their attorneys
generally had access to government-held evidence related to their cases
for crimes, except in cases connected to human rights abuses during the
period 1980-2000 and particularly with respect to those involving the
Ministry of Defense. Although citizens have the right to be tried in
their own language, language services for non-Spanish speakers, who
compose a substantial number of persons in the highlands and Amazon
regions, were sometimes unavailable. Defendants may appeal verdicts to
a superior court and then to the Supreme Court. The Constitutional
Tribunal decides cases involving such issues as habeas corpus.
The judicial branch continued the gradual rollout, begun in 2009,
of a new penal procedural code designed to streamline the penal
process. The new code, implemented in 17 of 31 judicial districts at
year's end, requires public hearings for each case and assigns the
investigative responsibility to public prosecutors and police; judges
are to cease their own investigating. Implementation of the new code in
Lima and Callao was planned for 2013; if implemented on schedule, at
that point the code should apply to the majority of the country's
population.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--On March 4, the Inter-
American Human Rights Court ruled against the government in favor of a
labor organization. In its written decision, the court indicated it
wanted a report on compliance one year hence.
Complying with a judgment of the Inter-American Human Rights Court,
on December 13, the president of the Congress reinstated 257
congressional workers who had been dismissed when then president
Fujimori suspended Congress in 1992.
Civil Judicial Procedures and Remedies.--Citizens may seek civil
remedies for human rights violations, but court cases often continued
for years. Press reports, NGOs, and other sources alleged that persons
outside the judiciary frequently corrupted or influenced judges (see
section 4).
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice. There were reports,
however, that authorities sometimes entered private dwellings before
obtaining a warrant; for example, the right to inviolability of the
home was suspended in the UHV and VRAE emergency zones. On December 4,
the president declared a 60-day state of emergency, lifted on December
15, that allowed arrests without warrants in four provinces of
Cajamarca Region.
The government announced in October that the public prosecutor had
reopened an investigation of a case presented by more than 2,000 women
who claimed they were subjected to forced sterilizations in the 1990s
during the presidency of Alberto Fujimori. Human rights organizations
estimated that 300,000 women were subjected to forced sterilization
during that period.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice. Generally
an independent press, an effective judiciary, and a functioning
democratic political system combined to ensure freedom of speech and of
the press. There were, however, instances of harassment and even
extreme violence toward journalists, as well as self-censorship within
media outlets.
Violence and Harassment.--During the year three broadcast
journalists in the provinces were killed; each victim was investigating
corruption cases involving local authorities. The victims were shot by
unknown assailants who remained at large; two victims had received
death threats. Investigations continued at year's end.
A number of journalists and media outlets reported experiencing
threats or intimidation. The National Journalists Association reported
189 cases of harassment during the year, compared with 194 in 2010, and
the Institute of Press and Society issued 121 alerts, compared with 85
in 2010. Of the harassment cases reported by the National Journalists
Association, 76 involved harassment by civilian authorities and 23 by
police and military personnel.
Censorship or Content Restrictions.--The presidential election
campaigns brought alleged internal censorship by the media to the
public's attention. Most major media outlets openly supported one of
the two second-round candidates. Several prominent reporters and
producers either resigned or were fired allegedly for refusing to
follow reporting guidelines concerning their employer's favored
candidate. In April cable television Channel N general producer
Patricia Montero and newscast producer Jose Jara claimed they were
fired for reporting favorably on candidate Ollanta Humala Tasso. Lima
daily newspaper Peru.21 reporters Oscar Miranda, Daniel Yovera, and
Emilio Camacho and cartoonist Miguel Det resigned over the alleged
favoritism shown to candidate Keiko Fujimori by the newspaper's
director, Fritz Dubois. There were no claims of government interference
in these instances.
Actions to Expand Press Freedom.--Libel continued to be
criminalized in the penal code. Ucayali journalist Paul Segundo Garay
was sentenced to three years in prison in April following conviction
for the 2010 charge of libel of the Ucayali district attorney whom
Garay had criticized for alleged corruption. Garay was freed on appeal
after serving six months. Blogger Jose Godoy continued the appeal of
his sentence of three years' imprisonment (commuted to three years of
probation) and a fine of 337,500 New Soles ($125,000) for defamation of
a former congressman in 2009 in Godoy's online news blog. Godoy was the
first blogger convicted for defamation, a judgment that national
journalist organizations criticized.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
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 freedom of
assembly, and the government generally respected this right in
practice. The law does not require a permit for public demonstrations,
but organizers must inform the Interior Ministry's political authority
(prefect) about the type of demonstration planned and its intended
location. However, the government suspended the freedom of assembly in
emergency zones where armed elements of the Shining Path operated.
Demonstrations may be prohibited for reasons of public safety or
health. Police used tear gas and occasional force to disperse
protesters in various demonstrations. Although most demonstrations were
peaceful, protests in some areas turned violent, resulting in deaths
and injuries (see section 1.a.). On December 4, the government decreed
a 60-day state of emergency in four provinces of Cajamarca Region
restricting the right to assemble after days of strikes and roadblocks
had interrupted daily activities, caused shortages in the region, and
led to clashes between police and protesters in which dozens of people
were injured. The state of emergency was lifted on December 15.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
In-Country Movement.--The government maintained emergency zones
where it restricted freedom of movement in several provinces, an effort
it stated was to ensure public peace and restore internal order. In
addition, as an antitrafficking measure, the government began requiring
adults traveling with minors to show the minor's identity card before
boarding a bus or plane.
Narcotics traffickers and Shining Path members at times interrupted
the free movement of persons by establishing roadblocks in sections of
the UHV and VRAE emergency zones.
Protesters in the Puno and Cajamarca regions and other areas
blocked roads, sometimes for weeks, to draw public attention to
grievances.
Internally Displaced Persons (IDPs).--There were no major incidents
of internal displacement during the year, and the situation of existing
internally displaced persons continued to be difficult to assess.
According to the UNHCR, the number of IDPs remained unknown, because
officials registered relatively few. The government's Reparations
Council continued assisting persons who suffered during the 1980-2000
conflict with the Shining Path and MRTA. The council compiled a
registry of victims, which included an estimated 137,300 individuals
and 5,600 communities eligible for reparations. The Ministry of Women
and Social Development (MIMDES) also maintained a registry specifically
of IDPs that included approximately 5,000 individuals. A number of
victims and family members lacking proper identity documents had
difficulties registering for reparations. A supreme decree (051-2011-
PCM) authorized phased payments of reparations to victims and
stipulated that only victims registered by December 31, 2011, would be
eligible. As of year's end, no money had actually been budgeted for
reparations.
Protection of Refugees.--As of September the UNHCR reported 402
pending refugee requests and 1,157 refugees whom the government
recognized.
Access to Asylum.--The law provides for the granting of asylum or
refugee status, and the government has established a system for
providing protection to refugees. The government cooperated with the
UNHCR and recognized the Catholic Migration Commission as the official
provider of technical assistance to refugees. The commission also
advised citizens who feared persecution and sought asylum abroad. The
government provided protection to refugees on a renewable, year-to-year
basis, in accordance with commission recommendations.
Durable Solutions.--There was no resettlement program, but the
state received Colombians recognized as refugees in Ecuador, as well as
Venezuelan and Cuban refugee applicants, and provided some
administrative support toward their integration. The UNHCR provided
such refugees with humanitarian and emergency aid, legal assistance,
documentation, and in exceptional cases, voluntary return and family
reunification.
Temporary Protection.--The government provided temporary protection
to individuals who may not qualify as refugees, such as in the case of
several Haitian citizens who were discovered waiting to cross the
border with Brazil.
Stateless Persons.--Citizenship is derived either by birth within
the country's territory or from one's parents. If overseas, parents
must register their child's birth by age 18 for the child to obtain
citizenship. The law provides all citizens with the right to a name,
nationality, and legal recognition as well as other civil, political,
economic, and social rights. An estimated 277,596 persons did not have
birth certificates, and 4.7 million citizens (15.9 percent of the
population) lacked identity documents and could not fully exercise
these rights, making them de facto stateless. Poor indigenous women and
children in rural areas were disproportionately represented among those
lacking identity documents. Undocumented citizens faced social and
political marginalization and barriers to accessing government
services, including running for public office or holding title to land.
Obtaining a national identity document requires a birth certificate,
but many births in rural areas occurred at home. Poor women who gave
birth at home often could not pay the fees associated with
registration. In an effort to lower infant mortality rates, the
Ministry of Health provided free registration for women who gave birth
in clinics or hospitals.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides for the right of citizens to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
mandatory voting and universal suffrage.
Elections and Political Participation.--Recent Elections.--On July
28, Ollanta Humala Tasso assumed the presidency after two rounds of
elections that were considered free and fair. Domestic and
international observers declared the nationwide elections held on April
10 (for president, Congress, and the Andean Parliament) and June 5 (a
second round for the presidential race only) to be fair and
transparent, despite some controversy over campaign financing and minor
irregularities in some areas. In elections for the unicameral Congress,
President Humala's Gana Peru alliance won 47 of 130 seats, which
constituted the largest of six legislative blocs.
The June 5 presidential runoff was a contest between two
controversial candidates. Ollanta Humala Tasso, the eventual winner,
had been accused of human rights violations while serving in the
military. His opponent, Keiko Fujimori, was the daughter of former
president Alberto Fujimori, who was serving a prison sentence for human
rights abuses and corruption. A number of civil society organizations,
particularly human rights NGOs, became directly involved in the
elections process by either campaigning against Keiko Fujimori or
openly supporting Humala, forsaking their traditional role as
nonpolitical observers.
Political Parties.--Political parties operated without restriction
or outside interference, although they remained weak institutions
dominated by individual personalities. In regional and municipal
elections, regional movements continued to gain ground at the expense
of national parties. Groups that advocate violent overthrow of the
government are barred from participating in the political process.
Participation of Women and Minorities.--The law mandates that at
least 30 percent of the candidates on party lists be women, and the
parties complied. There were 28 women in the new Congress. Three
members of Congress identified themselves as Afro-Peruvians. Three of
19 cabinet members were women. There were two women on the 18-member
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.
There was a widespread perception that corruption was pervasive in all
branches of government. The Office of the Comptroller General had
independent authority to sanction public officials who committed
corrupt acts; penalties included temporary suspension, termination of
employment, and criminal prosecution.
Allegations of widespread corruption in the judicial system
continued. The new penal procedural code (see section 1.a., Trial
Procedures), while not yet implemented in Lima and Callao, was applied
to corruption cases in these judicial districts, an indication of the
importance given to such cases. For example, the new code was used in
the case of Marco Antonio Guerra Castillo, a judicial technician who on
January 25 was videotaped receiving a bribe in the Supreme Court
building.
During their time in office, members of Congress cannot be
prosecuted or arrested without congressional approval, except in the
case of flagrant crimes, in which case the judicial branch must request
that Congress allow their arrest. Congressional immunity does not apply
in cases underway before the member was sworn in. It also does not
protect members of Congress from nonpenal accusations, such as failure
to fulfill contracts or pay child support. Fourteen members of Congress
were under investigation for questionable activities ranging from
falsifying their resumes (by including false degrees and omitting prior
convictions) to involvement in illegal mining. Another prominent case
involved the second vice president, also a member of Congress and
accused of influence peddling.
Corruption in prisons was a serious problem, and in some cases
guards cooperated with criminal bosses who oversaw the smuggling of
guns and drugs into prisons. There were several reports of military
corruption, impunity, and resistance to providing information on
military personnel under investigation for human rights abuses
committed during the country's internal armed conflict. Security forces
sought to strengthen accountability with training in human rights and
the revision of disciplinary procedures but were doing so slowly.
Authorities completed investigation of the Petroaudios scandal--
involving corrupt oil concessions--at the end of 2010. However, the
oral proceedings had not started at year's end. Former government
minister Romulo Leon was released on December 2, after spending 36
months in jail without a sentence for his alleged involvement, and
Perupetro official Alberto Quimper, also suspected of wrongdoing,
remained under house arrest. In a related Petroaudios case, oral
proceedings continued in the investigation of illegal wiretapping and
mishandling of wiretapping evidence.
On August 31, the comptroller general reported to Congress that
10,659 public servants were involved in irregularities between January
2009 and July 2011, the end of the Alan Garcia administration.
According to the report, 2,447 of these cases involved penal or civil
infractions, while the remainder reflected simple mismanagement. Most
of these cases were related to infrastructure projects (such as the
reconstruction of the town of Pisco after the 2007 earthquake and the
remodeling of the National Stadium and hospitals) or social programs
(such as a program that provides construction materials). The
government was reviewing the cases. On September 15, Congress approved
the formation of a commission to investigate alleged corruption during
the previous government. The commission began work on November 21.
On December 21, former vice minister of justice Gerardo Castro was
convicted of offering bribes to a Ministry of Production official to
obtain a commercial fishing license. Castro was sentenced to five years
in jail.
Most public officials are subject to financial disclosure laws and
must submit personal financial information to the Office of the
Comptroller General prior to taking office and periodically thereafter.
However, these laws were not strongly enforced.
The law provides for public access to government information, and
most ministries and central offices provided information on Web sites.
Implementation of the law was incomplete, particularly in rural areas,
where few citizens exercised or understood their right to information.
The ombudsman encouraged regional governments to adopt more-transparent
practices for releasing information and monitored their compliance with
the requirement for public hearings at least twice a year.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A large number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. NGOs seeking
information from military commanders worked through the Office of the
Human Rights Ombudsman.
The government relied on the ICRC to facilitate work among
government entities and civil society on missing persons issues. The
ICRC contributed to strengthening psychological and social support to
missing persons' relatives and provided expertise to medical, legal,
and forensic officials. The ICRC also addressed the humanitarian
consequences of social violence by providing medical assistance,
discussed the use of force with authorities and law enforcement, and
maintained a permanent office in Ayacucho for the VRAE emergency zone.
Government Human Rights Bodies.--The Ministry of Justice was
renamed the Ministry of Justice and Human Rights on December 5 when
President Humala signed Law No. 29809. This law also created a Vice
Ministry of Human Rights and Access to Justice.
The Office of the Human Rights Ombudsman operated its 28 offices
and 10 satellite sites without government or party interference and was
considered effective. During the year the ombudsman issued two reports
with recommendations on intercultural/bilingual education and abandoned
children. The government took account of these recommendations to
varying degrees.
Congressional committees included the Justice and Human Rights
Committee and a committee for Health, Population, Family, and Persons
with Disabilities. They issued no reports and had limited policy
impact.
The National Penal Court handed down two decisions on cases
presented by the Truth and Reconciliation Commission. Hector Andres
Egoechaga was sentenced to 14 years in prison for the murder of
Indalecio Pomatanta in Pucallpa in 1995. The court found three others
innocent and reserved sentencing on a fifth suspect, who was absent
from the court. The case was challenged by the Public Ministry, which
opposed the finding of innocence of the three suspects and alleged that
Egoechaga's sentence was below the minimum recommended for his crime.
The court also ruled in the Pucayacu II case, sentencing Enrique de
la Cruz Salcedo to 17 years in prison for the extrajudicial killing of
seven persons in 1985. Another suspect in the case was found not guilty
due to a mental illness he allegedly suffered at that time; a third
suspect had fled, leading authorities to postpone his trial until his
eventual capture.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, but enforcement lagged and discrimination
persisted.
Women.--Rape and Domestic Violence.--The legal framework governing
women's rights and protections is comprehensive and well defined. The
application and enforcement of the law, however, was severely lacking.
The law criminalizes rape, including spousal rape, with penalties of
six to eight years in prison, but enforcement was ineffective. MIMDES
reported 841 cases of rape nationwide for the year, but observers
maintained that rape was underreported due to a fear of retribution,
including further violence and stigma. There were no available
statistics on abusers prosecuted, convicted, or punished.
The law prohibits domestic violence, and penalties range from one
month to six years in prison. The law authorizes judges and prosecutors
to prevent the convicted spouse or parent from returning to the family
home and authorizes the victim's relatives and unrelated persons living
in the home to file complaints of domestic violence. It also allows
health professionals to document injuries. The law requires police
investigation of domestic violence to take place within five days and
obliges authorities to extend protection to female victims of domestic
violence. During the year MIMDES reported that 35 men had been
sentenced for crimes related to domestic violence.
Violence against women and girls, including rape, spousal abuse,
and sexual, physical, and mental abuse, remained a serious problem.
Insensitivity on the part of law enforcement and judicial authorities
toward female victims contributed to a societal attitude of
permissiveness toward abuse. MIMDES reported 77 femicides and 60
attempted killings of women during the year.
On December 26, a new law (008/2011-CR) that incorporates femicide
into the criminal code went into effect. The law provides for a minimum
sentence of 15 years' imprisonment for those convicting of killing a
woman who is an immediate relative, spouse, or partner.
Many domestic abuse cases went unreported, and NGOs stated that the
majority of reported cases did not result in formal charges because of
fear of retaliation or the expense of filing a complaint. The
protections offered were limited because of legal delays and
ambiguities in the law. Shelters for those affected by domestic
violence were in short supply and did not adequately protect and
support victims.
MIMDES operated the Women's Emergency Program, which included 139
centers that combined police, prosecutors, counselors, and public
welfare agents to help victims of domestic abuse. It also sought to
address the legal, psychological, social, and medical problems facing
victims of domestic violence. The ministry also operated a toll-free
hotline.
MIMDES continued efforts to sensitize government employees and the
citizenry to domestic violence. The government continued to implement a
broad national plan for 2009-15 to address violence in the family and
against women. Nonetheless, NGOs and the ombudsman asserted that police
officers reacted indifferently to charges of domestic violence, despite
legal requirements to investigate such complaints.
Sexual Harassment.--Sexual harassment was a serious problem. The
law defines sexual harassment not as a criminal offense but as a labor
rights violation subject to administrative punishment, which depends on
the professional situation in which the violation occurred. Government
enforcement was minimally effective. The ability of women to report
sexual harassment was hampered by the undue burden on the victims
themselves to prove their cases and by the fear of retribution.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children free from
discrimination, and they generally had the means and information to do
so. Access to information on contraception and family planning was
widespread.
Discrimination.--The law provides for equality between men and
women and prohibits discrimination against women with regard to
marriage, divorce, and property rights. Women from the upper and upper-
middle classes assumed leadership roles in companies and government
agencies. The law prohibits sexual discrimination in employment or
educational advertisements and the arbitrary dismissal of pregnant
women, but in practice discrimination continued. The law stipulates
that women should receive equal pay for equal work, but women often
were paid less than men for comparable work. Societal prejudice and
discrimination also led to disproportionate poverty and unemployment
rates for women. Women were more likely to work in the informal sector
or in less secure occupations such as maids, factory workers, or street
vendors, and they were more likely to be illiterate due to lack of
formal education.
Children.--Birth Registration.--Citizenship is derived either by
birth within the country's territory or from one's parents. There were
problems with government registration of births (see section 2.d.).
Failure to register made it more difficult to obtain public services,
such as education and health care.
Education.--The constitution stipulates that primary and secondary
education is free. However, citizens and NGOs asserted that neither was
completely free in practice, and fees for parental associations,
administration, and educational materials greatly reduced access for
lower-income families.
Child Abuse.--Violence against and sexual abuse of children were
serious problems. As of November MIMDES reported 1,551 cases of
violence against or sexual abuse of children five years of age and
younger and 3,882 cases of abuse of children ages six to 11. Many abuse
cases went unreported because societal norms viewed such abuse as a
family problem to be resolved privately.
MIMDES' Women's Emergency Program received information through
child-rights and welfare-protection offices and assisted child victims
of violence. The MIMDES Children's Bureau coordinated government
policies and programs for children and adolescents. At the grassroots
level, more than 2,175 child-rights and welfare-protection offices
resolved complaints ranging from physical and sexual abuse of children
to abandonment and failure to pay child support. Provincial or district
governments operated approximately half of these offices, while
schools, churches, and NGOs ran the others. Law students staffed most
of the units, particularly in rural districts. When these offices could
not resolve disputes, officials usually referred cases to the Public
Ministry's local prosecutor offices, whose adjudications were legally
binding and had the same force as court judgments.
Sexual Exploitation of Children.--The law prohibits child
prostitution, penalizing perpetrators with five to 12 years in prison.
There were many known cases of prostitution of minors, and the country
was a destination for child sex tourism, with Lima, Cusco, and Iquitos
as the principal locations. Involvement in child sex tourism is
punishable by four to 10 years in prison. The Foreign Trade and Tourism
Ministry disseminated information about the problem.
The minimum age for consensual sex is 18. Statutory rape law
stipulates different rape offenses, including rape of a minor younger
than 14, with penalties ranging from 25 years to life in prison. The
penalty for conviction of involvement in child pornography is four to
12 years' imprisonment and a fine.
Child Soldiers.--The minimum age for recruitment is 18. The
country's military, no longer a conscripted force, bars the enlistment
of minors, even those who obtain their parents' permission. The Human
Rights Ombudsman's Office reported 18 cases in which the army admitted
underage soldiers, generally recruits who misrepresented their age, a
marked decrease from the 150 cases reported in 2009. However, there
were no reports of persons under 18 taking part in hostilities as part
of a governmental armed force.
There also were cases of both forced and voluntary use of minors by
the outlawed Shining Path organization. Reports persisted that the
Shining Path used children in both combat and drug-trafficking
activities. It appeared some of these children had been kidnapped from
local towns, while others apparently were children of Shining Path
members.
See also the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.
Anti-Semitism.--Estimates of the Jewish population ranged from
2,500 to 4,000 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities and establishes infractions and
sanctions for noncompliance with specified norms. The constitution
addresses social security, health, education, and employment matters
for persons with disabilities as well as their right to engage in
business, trade, and industry. The law provides for the protection,
care, rehabilitation, security, and social inclusion of persons with
disabilities; mandates that public spaces be free of barriers and
accessible to persons with disabilities; and provides for the
appointment of a disability rights specialist in the Ombudsman's
Office. In addition the law mandates that Internet sites maintained by
governmental, institutional, and other service providers be accessible
to persons with disabilities and requires accessibility through the
inclusion of sign language or subtitles in all educational and cultural
programs on public television and in media alternatives in all public
libraries.
In practice the government devoted limited resources to enforcement
and training, and many persons with physical disabilities remained
economically and socially marginalized. Governments at the national,
regional, and local levels made little effort to provide access to
public buildings. There were no interpreters for the deaf in government
offices and no access to recordings or Braille for the blind. The
majority of government Web sites remained inaccessible to persons with
disabilities, and only the congressional television channel offered
sign language interpretation.
The government failed to enforce laws safeguarding and attending to
persons with mental disabilities in situations of social abandonment.
The number of medical personnel providing services in psychiatric
institutions was insufficient to care for all patients.
The Anne Sullivan Center for Persons with Disabilities reported
cases of people who were denied the right to vote in the national
elections during the year. One egregious case involved an individual
who received training from elections officials on voting procedures but
was subsequently labeled ``disabled'' and involuntarily removed from
the voter registry.
A human rights ombudsman report published in December stated that
many children with disabilities were unable to attend public schools
due to lack of physical access. Nearly half of the country's public
schools had no entrance ramps, and 88 percent lacked restrooms usable
by persons with disabilities. Relatively few teachers (39 percent) had
received any training in inclusive education.
National/Racial/Ethnic Minorities.The law provides all citizens
equality before the law and forbids discrimination on the basis of
race, national origin, or language. In actuality, however, persons of
African (Afro-Peruvian) descent faced societal discrimination and
prejudice. Despite constituting a large minority, Afro-Peruvians
generally did not hold leadership positions in government, business, or
the military, with the exception of the nation's first female Afro-
Peruvian cabinet member. Few Afro-Peruvians served as officers in the
navy or air force.
In February the Ombudsman's Office published a report on the Afro-
Peruvian community that cited structural discrimination and social
exclusion as key barriers to integration into society and stated that
Afro-Peruvians had particular difficulty accessing health and education
services. NGOs alleged that employers often found ways to refuse to
hire Afro-Peruvians or relegated them to low-paying service positions.
The law prohibits the mention of race in job advertisements, although
employers often required applicants to submit photographs.
Indigenous People.--The government did not provide sufficient
resources to protect effectively the civil and political rights of
indigenous persons, and indigenous communities continued to be
politically, economically, and socially marginalized.
The constitution and law provide that all citizens have the right
to use their own language before any authority by means of an
interpreter and to speak their native language. Spanish and Quechua are
official languages, but the government also recognizes 49 other
indigenous languages. The National Program of Mobilization for Literacy
continued teaching basic literacy and mathematics to poor men and women
throughout the country. However, language barriers and inadequate
infrastructure in indigenous communities impeded the full participation
of indigenous persons in the political process. Indigenous women,
especially from poor and rural areas, were particularly marginalized.
Many indigenous persons lacked identity documents. In many cases
there were no government offices in the areas where they lived; in some
instances government officials allegedly sought bribes in exchange for
documents, which indigenous persons were unable or unwilling to pay.
Without identity cards they were unable to exercise basic rights, such
as voting and gaining access to health services and education. The
infant mortality rate was higher in rural areas, where most indigenous
persons lived (13 deaths per 1,000 live births, although as high as 21
in some regions), compared with the rate in urban areas (10 deaths per
1,000 live births), a difference mainly related to the economic
situation and low education of indigenous persons. Public health
centers were located primarily in urban areas, but during the year the
government further expanded them to rural areas and incorporated roving
teams.
While the constitution recognizes that indigenous persons have the
right to own land communally, indigenous groups often lacked legal
title to demarcate the boundaries of their lands, making it difficult
to resist encroachment by outsiders. By law local communities retain
the right of unassignability, which should prevent the reassignment of
indigenous land titles to nonindigenous tenants. However, some
indigenous community members sold land to outsiders without the
majority consent of their community. Moreover, in the absence of an
effective representative institution, there were continuing societal
conflicts between indigenous and nonindigenous persons, particularly
concerning environmental issues and extractive industries.
Additionally, mineral or other subsoil rights belong to the state,
which often caused conflict between mining interests and indigenous
communities.
The government conducted a series of consultations with indigenous
communities to formulate a new forestry law, which Congress passed on
June 15. The law establishes greater protections for the populations in
the Amazon forest and mandates sustainable use of natural resources. In
addition, on August 23, the new government approved the Law of Prior
Consultation, which requires the government to conduct consultations
with indigenous communities before granting exploration permits or
concessions to extractive industries. While this law was expected to
reduce the number of social conflicts, several outstanding issues
remained before it could be fully implemented.
Many indigenous persons and others with indigenous physical
features faced societal discrimination and prejudice. They were often
the victims of derogatory comments and subjected to illegal
discrimination in public places, including theaters, restaurants, and
clubs.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws specifically
prohibiting discrimination against persons based on sexual orientation,
and such discrimination occurred. The Ministry of Interior's Handbook
of Human Rights Applied to the Civil Police stipulates that police must
respect human rights, especially of the most vulnerable groups, and
refers explicitly to the rights of lesbian, gay, and transgender
individuals. However, there were some instances during the year of
official and societal discrimination based on sexual orientation in
employment, housing, and access to education or health care. Government
authorities, including police, sometimes harassed and abused lesbian,
gay, bisexual, and transgender persons.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
faced extensive discrimination and harassment. The Ministry of Health
executed policies to combat discrimination based on HIV/AIDS status,
including a four-year plan to prevent and control HIV/AIDS. Some of
these policies enjoyed success, such as the treatment of HIV/AIDS, but
observers maintained that education and prevention programs needed
strengthening.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
With certain limitations, labor laws and regulations provide for
freedom of association, protect the right to strike and bargain
collectively, and prohibit antiunion discrimination and other forms of
employer intimidation. Regulations allow workers to form unions on the
basis of their occupation, employer affiliation, or geographic
territory, without seeking prior authorization. However, the minimum
membership required by law to form a union, 20 employees for a
workplace-level union and 50 employees for a sector-wide union, is
prohibitively high in some instances, particularly for small and
medium-sized enterprises. The law also specifies that public- and
private sector workers have the right to organize, bargain
collectively, and strike, but it stipulates that the right to strike
must be ``in harmony with broader social objectives."
Judges, prosecutors, and members of the police and military are not
permitted to form or join unions. With the passage of Supreme Decree
065-2011 in July, there were advances to the rights to form unions and
strike of more than 125,000 other public sector employees hired under
administrative service contracts. The decree provides stronger
guarantees of the right to unionize but does not address the concern
that workers may not exercise their rights for fear of nonrenewal of
their contract. The decree does not fundamentally change the nature of
an administrative service contract, which is fixed term and renewable
at the government agency's discretion.
The law allows unions to declare a strike in accordance with their
statutes. Private- and public sector union workers must give advance
notice of a strike--at least five working days for private sector
workers and 10 for the public sector--to employers and the Ministry of
Labor. The law also allows nonunion workers to declare a strike with a
majority vote as long as the written voting record is notarized and
announced at least five working days prior to a strike.
Unions in essential public services, as determined by the
government, are permitted to call a strike but must provide 10 working
days' notice, receive the approval of the Ministry of Labor, be
approved by a majority (50 percent) of workers, and provide a
sufficient number of workers during a strike to maintain operations, as
jointly determined by the union and labor authorities on an annual
basis. Workers who strike legally cannot be fired for striking, but
illegal strikers in the private sector can be fired on the fourth day
of absenteeism and public sector strikers after an administrative
procedure.
Unless there is a preexisting labor contract covering an occupation
or industry as a whole, unions must negotiate with companies
individually. The law establishes processes for direct negotiations and
conciliation. If those fail the workers can declare a strike or request
arbitration. On September 17, the ministry issued Supreme Decree No.
014-2011-TR, which more specifically outlines the process that
authorizes the use of arbitration to end collective labor disputes. The
decree gives a party the ability to compel the other party to submit to
arbitration (whether worker- or employer-initiated) binding on
employers whenever either the parties cannot reach an agreement in
their first collective bargaining negotiation, or a party acts in bad
faith during collective bargaining by delaying, hindering, or avoiding
an agreement. If the parties disagree over whether or not a
prerequisite for binding arbitration has been met, the law also allows
a party to submit the matter to independent, nongovernmental
arbitrators for an initial decision. A provision from Law 29497
requires labor conflicts to be resolved in less than six months.
The law prohibits employers from refusing to hire an individual
because of union membership and also prohibits other forms of antiunion
discrimination. Workers fired for union activity have the right to
reinstatement. However, the law allows companies to fire employees
without justification if they offer severance pay as fixed by law. The
law forbids businesses from hiring temporary workers to perform core
company functions, requires businesses to monitor their contractors
with respect to labor rights, and imposes liability on businesses for
the actions of their contractors.
The government did not effectively enforce the law in all cases,
and employers engaged in antiunion practices. The practice of
subcontracting allowed employers to avoid direct employment
relationships and the associated legal requirements. This also limited
the size of the company workforce, thus making it more difficult to
form a union. Law 29245 and its progeny tighten the legal requirements
for subcontracting companies and, if those requirements are not met,
impose upon the principal company a direct employment relationship with
subcontracted workers. Nevertheless, anecdotal evidence suggested that
the practical effect of the law was limited by its implementing
regulations and the difficulties of labor inspections to detect
outsourcing in the regions outside of Lima.
Employers continued to dismiss workers for exercising the right to
strike. Dismissal of striking workers and delays in reinstatement of
these workers, in both legal and illegal strikes, were the main
repercussions that employers utilized to dissuade workers from going on
strike. Workers faced prolonged judicial processes and lack of
enforcement following strike-related dismissals. A local NGO reported
that administrative issues at the Labor Ministry effectively negated a
decree providing stronger protections for individuals hired under
administrative services contracts who planned to unionize.
Labor conflicts were not always resolved within six months as
required by law. Significant delays in the collective bargaining
process due to employers' lack of interest in concluding agreements
proved to be a common obstacle to compliance with worker rights to
bargain collectively. The national tax agency union (SINAUT) alleged
that the government failed to uphold unions' right to collective
bargaining and denied workers' requests to enter into arbitration after
the government-employer and workers failed to agree on wages and other
issues during earlier negotiations. The government noted that the
public sector budget law forbids it from negotiating economic matters.
Discussions on the collective bargaining and arbitration process
continued at year's end.
Unions were generally independent of government and political
parties. According to labor leaders, permission to strike in both the
private and public sectors was in some cases difficult to obtain.
During the year the government declared 19 of 84 strikes legal. The
Ministry of Labor justified its decisions to deem strikes illegal by
citing union failure to fulfill the legal requirements. The
International Trade Union Confederation noted that the law effectively
legalizes unfair dismissals by allowing employers to fire workers
without cause in return for severance pay.
Many businesses hired temporary or contract workers who were
effectively barred from participating in those firms' unions due to
fear that their contracts might not be renewed. Employers also
circumvented restrictions regarding hiring temporary workers to perform
core company functions in a number of ways. For example, the Peruvian
Mineworkers Federation (FNTMMSP) attributed the nonrenewal of the
contracts of seven drivers employed by the subcontractor MAMUT Peru to
their union membership. There were two favorable court decisions, but
at year's end the workers were awaiting their reinstatement.
Subcontracting was used to limit workers' right to organize and prevent
the formation of formal employment relationships. The widespread use of
subcontracting also made it more difficult to reach the 20-employee
threshold necessary to form a union.
During the year the Textile Workers Union Federation (FTTP)
reported violations of the Non-Traditional Export Regimen (Decree Law
No. 22342-1978) in apparel manufacturing. In one example, on July 27, a
judge from the Lima Constitutional Court No. 4 found that Texpop, S.A.
failed to renew the contracts of 129 unionized workers, including two
union leaders, in an action of antiunion discrimination. The judge
found that many of these employees had been working for Texpop for up
to a decade on short-term contracts. Notably, the judge also stated
that the decree and its ``exceptional'' short-term contracting scheme
were no longer necessary to support the growth of the country's textile
and apparel sector. Texpop had not complied with the court's decision
to reinstate the workers by year's end.
Regulations had the effect of limiting the associational rights of
workers in ``nontraditional'' export sectors (fishing, wood and paper,
nonmetallic minerals, jewelry, textile, and agro industry). For
example, Legislative Decree No. 728-1997 sets out nine different
categories of employment contracts under which workers can be hired.
Another decree allows employers to hire workers on a series of short-
term contracts without requiring that the workers be made permanent.
Workers thus reportedly feared loss of their jobs if they unionized.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, but there was evidence that the government
did not effectively enforce the law. Thousands of persons were
estimated to be subjected to conditions of forced labor, mainly in
mining, logging, agriculture, brick making, and domestic service. While
information on victims was lacking, it was believed that men and boys
were subjected to forced labor in mining (including gold mining),
logging, and brick making, while women were most often found in
domestic service. Both men and women were often found performing forced
labor in agriculture, including the processing of Brazil nuts.
A multisectoral intervention took place in May in the Lima District
of Carabayllo, where children were found working in informal mining. At
that time no arrests were made; instead, the families were sensitized
to the dangers and legal implications of child labor. A follow-up raid
in December found 13 children working, and inspectors fined the
employers.
According to media reports, a specialized division of the national
police conducted more than 80 operations, in which they found at least
850 children subjected to forced labor, such as begging on the streets
and selling candies, and detained 30 persons for exploiting minors.
Local NGO CHS Alternativo stated that in the first half of the year, 98
cases of exploitative child labor were reported.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
legal minimum age for employment is 14. However, children between the
ages of 12 and 14 may work in certain jobs for up to four hours per
day, and adolescents between 15 and 17 may work up to six hours per day
if they obtain special permission from the Ministry of Labor and
certify that they are attending school. In certain sectors of the
economy, higher age minimums were in force: age 15 in industry,
commerce, and mining; and age 16 in fishing.
The Ministry of Labor may issue permits authorizing persons under
age 18 to work legally. During the year the ministry granted 1,111 such
permits to individuals ages 14 to 17. Parents must apply for the
permits, and employers must have a permit on file to hire a youth.
The law specifically prohibits a number of occupations considered
hazardous for children, including working underground, lifting or
carrying heavy weights, accepting responsibility for the safety of
others, and working at night. The law prohibits work that jeopardizes
the health of children and adolescents; puts their physical, mental,
and emotional development at risk; or prevents regular attendance at
school.
The Ministry of Labor is responsible for enforcing child labor
laws. The ministry stated that inspectors conducted routine visits
without notice to areas where persons or organizations reported child
labor problems. The government reported that it fined and suspended
operations of firms that violated labor laws. From January through
October, authorities fined 48 businesses 132,372 New Soles ($50,000)
for hiring 64 minors illegally or for not seeking the proper
authorization.
The Office of the Ombudsman for Children and Adolescents (DEMUNA)
worked with the Ministry of Labor to document complaints regarding
violations of child labor laws. There were more than 2,175 DEMUNA
offices in municipalities throughout the country. DEMUNA also operated
a decentralized child labor reporting and tracking system. MIMDES
administered a program that sent specialized teachers to the streets to
provide education and support to minors involved in begging and other
kinds of work. MIMDES also continued to implement the Educadores de
Calle program, a social program that assists street children between
the ages of six and 17 with workshops and health, education, and legal
services. The ministry continued and instituted several programs aimed
at stimulating job creation and improving access to legal work for
youth, including the ProCerti and ProJoven programs to educate youth
regarding, respectively, their rights to work and training in a variety
of employable skills. The new administration transformed these programs
into the Vamos Peru program, focused on job training, technical
assistance to entrepreneurs, and job placement; and the Peru
Responsable program, aimed at fostering corporate social responsibility
to create formal employment for youth.
Child labor remained a serious problem, especially in the informal
sector. In 2010 the International Labor Organization estimated there
were 2.8 million working children in the country, with 67.9 percent
(1.9 million) performing the worst forms of child labor. Child labor
was a serious problem in the informal sectors of gold mining, brick and
fireworks manufacturing, stone extraction, timber, and agriculture,
including the production of Brazil nuts and coca. According to media
reports, children worked in hazardous conditions, including
approximately 141,000 on the streets, 101,000 at night, and 87,000 with
trash. In many cases the child worked alongside the parents in a family
business, usually in areas and sectors cited above. In February there
were media reports of children being exploited by local residents and
parents near the northern frontier and forced into various forms of
work, including street vending, begging, and bartending, as well as
drug production and prostitution in Ecuador.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The statutory monthly minimum
wage was increased in August from 600 New Soles ($220) to 675 New Soles
($250). The government estimated the poverty line to be approximately
257 New Soles ($95) a month per person, although it varied by region.
The law provides for a 48-hour workweek and one day of rest and
requires companies to pay overtime for more than eight hours of work
per day and additional compensation for work at night. There is no
prohibition on excessive compulsory overtime. Noncompliance with the
law is a punishable infraction.
The 2003 Domestic Workers' Act stipulates certain rights and
benefits to which adult domestic workers are entitled, such as an
eight-hour working day, no work on public holidays, 15 days of paid
annual vacation, and salary bonuses in July and December. A 2009 decree
prohibits discrimination against domestic workers and any requirement
by employers for their domestic workers to wear uniforms in public
places. Several violations of both provisions were reported during the
year.
On August 25, the president and the minister of labor signed the
Law on Workplace Health and Safety (Law No. 29783), which creates for
the first time a National System for Health and Safety in the Workplace
and places oversight with the ministry instead of the separate sectors.
Regional councils and a National Council on Health and Security also
were created, although they were not operational at year's end. The
latter body incorporates the participation of employers and workers,
including unions, who traditionally had no voice on these matters. The
law also provides for heavier fines and criminal sanctions for
violations. In cases of infractions, injury, or deaths of workers or
subcontractors, the penalty is five to 10 years' imprisonment.
The Ministry of Labor enforced the minimum wage only in the formal
sector. Many workers in the unregulated informal sector, approximately
60 percent of the total labor force, most of whom were self-employed,
received less. Labor, businesses, and the government reported that the
majority of companies in the formal sector generally complied with the
law. The government often did not devote sufficient personnel,
technical, and financial resources to enforce occupational safety and
health regulations and other labor laws. There were 420 labor
inspectors focused on the formal sector. Labor sources claimed that
many inspectors were forced to pay for transportation to sites and
often were harassed or refused entry by businesses. The labor inspector
union SI-Peru demanded an increase in wages among other demands and
requested that the ministry enter arbitration. Many fines went
uncollected, in part because the ministry lacked an efficient tracking
system and at times due to a lack of political will, according to a
local labor NGO. According to the ministry, through November its
inspectors conducted 28,252 visits generated by external complaints and
20,141 visits to worksites selected internally. In the first 11 months
of the year, the ministry levied approximately 23.2 million New Soles
($8.6 million) in fines on 3,385 companies for failure to place
employees on labor rolls and for health and safety violations.
Penalties were insufficient to deter violations.
Employers frequently required long hours from domestic workers and
paid low wages. Allegations of abuse of subcontracted workers in the
areas of wage and hour violations and associational rights continued to
be reported. A local NGO reported that particularly problematic were
gasoline stations, where workers frequently worked more than eight
hours and in some cases were not paid overtime for extra hours.
During the year the Ministry of Labor and several unions continued
a campaign to inform domestic workers of their rights. The National
Federation of Mineworkers reported that in the first eight months of
the year, 38 miners died in mining accidents in the formal mining
sector, mainly as a result of rockslides, falls, and asphyxiation. In
cases of industrial accidents, an agreement between the employer and
worker usually determined compensation. A worker does not need to prove
an employer's culpability to obtain compensation for work-related
injuries. According to the ministry, there were 4,877 reported
accidents, of which 1,696 were not serious, 3,036 were incapacitating,
and 145 were fatal. The law does not provide workers the right to
remove themselves from potentially dangerous situations without
jeopardizing employment.
__________
SAINT KITTS AND NEVIS
executive summary
Saint Kitts and Nevis is a multiparty, parliamentary democracy and
federation. In January 2010 national elections, Prime Minister Denzil
Douglas's Saint Kitts and Nevis Labour Party (SKNLP) won six seats in
the 11-seat legislature. Independent observers concluded that the
election had no major irregularities and was generally free and fair
but called for electoral reform. The constitution provides the smaller
island of Nevis considerable self-government under a premier. In July
voters in Nevis reelected Joseph Parry of the Nevis Reformation Party
as premier. Security forces reported to civilian authorities.
The most serious human rights problems were poor prison conditions
and discrimination and violence against women.
Other human rights problems included the mental, physical, and
sexual abuse of children and discrimination against the homosexual
community.
The government took steps to prosecute and convict officials who
committed abuses, but some cases remained unresolved. There was not a
widespread perception of impunity for security force members.
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. However, due to
regular reports of violent incidents involving police, law enforcement
officials came under increased scrutiny, and some citizens were afraid
to report crime because of the heavy-handedness with which police
carried out their duties. Corporal punishment is legal and an accepted
measure for juveniles in schools and the justice system. A court can
order that an accused person receive lashes if found guilty.
In February a 16-year-old girl accused two members of the Defense
Force of rape. Authorities brought charges against the two men and set
a trial date for January 2012. In November authorities arrested a
police officer and charged him with the rape of a 14-year-old girl
while she and her brother were being held in custody. That officer
awaited trial at year's end.
Prison and Detention Center Conditions.--Prisons remained
overcrowded and facilities austere. Built in 1840, the prison on St.
Kitts had an intended capacity of 182 prisoners but held 298; some
prisoners slept on mats on the floor, but all prisoners had access to
potable water. A prison farm in Nevis had an intended capacity of 30
prisoners but held 47. Pretrial detainees occasionally were held
together with convicted prisoners.
There were four female inmates and eight juveniles in prison in St.
Kitts. Female inmates, including juveniles, were held in separate
quarters. Authorities held male juveniles with adult prisoners due to a
lack of space.
Prisoners and detainees had reasonable access to visitors, were
permitted religious observances, and had reasonable access to complaint
mechanisms and the ability to request inquiry into conditions. The
government investigated and monitored prison conditions, and the prison
staff periodically received training in human rights.
The government permitted prison visits by independent human rights
observers, although no such visits were known to have occurred during
the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The security forces
consist of a police force, including a paramilitary Special Services
Unit, a drug unit, and a white-collar crimes unit, along with a coast
guard and a small defense force. The governor general can authorize the
defense force to patrol jointly with the police for periods up to six
months, which he did in October to help combat youth gang violence. The
military and the police report to the Anti-Crime Unit, which is under
the prime minister's jurisdiction.
Senior police officers investigated complaints against members of
the police force. When warranted, they refer them to an internal
disciplinary tribunal for adjudication; penalties include dismissal,
warnings, or other administrative action. During the year authorities
investigated approximately 73 cases of complaints against police
officers and internal disciplinary matters. Of those cases, 20 were
under inquiry at year's end, while 32 were resolved by mediation, 13
were prosecuted, eight were convicted, and the others were withdrawn.
Arrest Procedures and Treatment While in Detention.--Police may
arrest a person based on the suspicion of criminal activity without a
warrant. The law requires that persons detained be charged within 48
hours or be released. If charged, a detainee must be brought before a
court within 72 hours. There is a functioning system of bail. Family
members, attorneys, and clergy were permitted to visit detainees
regularly.
Detainees may be held for a maximum of seven days awaiting a bail
hearing. Those accused of serious offenses are remanded to custody to
await trial, while those accused of minor infractions are released on
their own recognizance.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected this
provision in practice.
Trial Procedures.--The constitution provides for a fair, speedy,
and public trial, and these requirements generally were observed.
Defendants have the right to be present and to consult with counsel in
a timely manner. There is a presumption of innocence, and defendants
may question or confront witnesses. Juries are used at the High Court
level for criminal matters only. Free legal assistance was available
for indigent defendants in capital cases only.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, including lawsuits regarding
alleged civil rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such practices, and the
government generally respected these prohibitions in practice. However,
the defense force can carry out stop and search operations without a
warrant.
The Interception of Communications Bill became law during the year,
legalizing the interception of all telecommunications networks,
including telephones and Internet transmissions. In response to public
criticism, the government asserted the legislation would be used only
to intercept criminal activities, pointing out that only a High Court
judge can issue an interception order.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice. However,
during the 2010 federal elections, the opposition party claimed that
government-controlled media unfairly favored the ruling party.
Internet Freedom.--There were no government restrictions on access
to the Internet, but the new law allows the government to monitor e-
mail and Internet chat rooms. Individuals and groups could engage in
the expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and was prepared to cooperate with
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 was an
honorary UNHCR liaison in the country.
Protection of Refugees.--Access to Asylum.--The government has not
signed the 1967 protocol to the 1951 Convention relating to the Status
of Refugees. The government has not established a system for providing
protection to refugees, and it did not routinely grant refugee status
or asylum.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage. Voters elect 11 members of the National Assembly,
and the governor general appoints a three-person Senate, two on
recommendation of the prime minister and one on the recommendation of
the opposition leader.
Elections and Political Participation.--Recent elections.--In the
2010 general elections, Prime Minister Denzil Douglas's SKNLP returned
to office after winning six of eight Saint Kitts-assigned seats in the
14-seat National Assembly. The People's Action Movement (PAM) party won
two seats. The Concerned Citizens Movement party won two of the three
assembly seats assigned to Nevis. (Appointed senators held the
remaining three seats.) International observers from the Commonwealth,
the Caribbean Community, and the Organization of American States (OAS)
concluded that the elections were generally free and fair but issued a
number of recommendations for future elections.
The island of Nevis exercises considerable self-government, with
its own premier and legislature and has the right to secede from the
federation in accordance with certain enumerated procedures. In July
Nevis held its local elections in which Joseph Parry was reelected as
premier. OAS observers concluded that the elections were generally free
and fair but noted the process could have been improved, reiterating
its recommendations from the 2010 federal elections. Recommendations
included improving and clarifying procedures for the conformation of
the voter's registration list, revising and updating the electoral
legal framework for overseas voters, increasing stakeholder engagement
in the electoral process, and creating a voter information campaign to
ensure voter confidence in the electoral process. The Caribbean
Community Observer Mission report also noted irregularities with the
voters' list, such as voters' names being removed and voters with
voting cards being turned away at the polls because their names were
not on the list. This report concluded that in one district ``where
from the observation it appeared that more electors were removed from
the original voters' list than constituted the slim majority of the
winning candidate, it is arguable that were these electors not removed
the result might have been different.'' Due to the irregularities, the
opposition party contested the election results, and a hearing date was
scheduled for January 2012.
Participation of Women and Minorities.--There was one woman in
parliament--a cabinet minister. All four magistrates were women--three
in St. Kitts and one in Nevis. In Nevis the appointed president of the
House of Assembly was a woman.
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 media reports of government corruption during the year. The
opposition PAM party continued to allege possible misconduct on the
part of government officials.
Public officials are not subject to financial disclosure laws, and
there is no agency responsible for combating government corruption. The
Financial Intelligence Unit investigates reports on suspicious
financial transactions, along with the police white-collar crime unit.
While no laws provide for public access to government information,
the government maintained a Web site, aired briefings of weekly cabinet
meetings on radio and parliament meetings by television and radio.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no governmental restrictions on human rights groups, and
there were several organizations that worked with marginalized groups
such as women, children, the mentally challenged, the elderly, and the
disabled.
Government Human Rights Bodies.--The Ministry of Health maintained
a human rights desk to monitor discrimination and other human rights
abuses.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, place of
origin, birth out of wedlock, political opinion or affiliation, color,
gender, or creed, and the government generally respected these
prohibitions in practice.
Women.--Rape and Domestic Violence.--Anecdotal evidence suggested
rape was a serious and pervasive problem in society but was not
frequently reported due to victims' fear of stigma, retribution, or
further violence. The law prohibits rape, but it does not address
spousal rape. Penalties for rape range from two years' imprisonment for
incest between minors to life imprisonment for statutory rape or incest
with someone under 16. Indecent assault has a maximum penalty of seven
years' imprisonment. There were 19 cases of rape and 21 cases of
indecent assault reported during the year. There were some prosecutions
for rape during the year, but no information was available about
outcomes.
Violence against women was also a serious and pervasive problem.
The law criminalizes domestic violence, including emotional abuse, and
provides penalties of up to EC$13,500 ($5,000) or six months in prison.
Although many women were reluctant to file complaints or pursue them in
the courts, the Ministry of Gender Affairs handled 197 cases of
domestic abuse during the year. Authorities sent 78 cases to trial,
obtained 51 convictions, and had the remainder under investigation or
pending at year's end.
The ministry offered counseling for victims of abuse and conducted
training on domestic and gender violence for officials in the police
and fire departments, nurses, school guidance counselors, and other
government employees. The ministry also worked with men's organizations
to conduct training focused on sexual violence and conducted training
in the prisons targeted towards those who battered women. The ministry
maintained a hotline for domestic violence victims and worked through
the churches, workplaces, radio programs, and other civil society
groups to spread its campaign against sexual violence.
Sexual Harassment.--The law does not specifically address sexual
harassment, and it remained a problem. Complainants reported only two
cases to the Ministry of Gender Affairs in 2010.
Reproductive Rights.--Reproductive rights were generally protected;
couples and individuals had the right to decide the number, spacing,
and timing of children. The National Family Planning Office provided
information on contraception and support for reproductive rights on a
nondiscriminatory basis. Skilled attendance at delivery and in
postpartum care was widely available. A 2008 report by the U.N.
Children's Fund indicated that skilled attendance at birth was 100
percent and estimated the contraceptive prevalence rate at 54 percent.
Incidence of maternal mortality was not available. Women and men were
given equal access to diagnostic services and treatment for sexually
transmitted infections.
Discrimination.--The role of women in society is not restricted by
law but was circumscribed by culture and tradition. Despite this, the
status of women has improved, particularly in the public sector. The
Ministry of Gender Affairs reported that 62 percent of women in the
civil service occupied public sector leadership positions. The ministry
conducted programs addressing poverty and health and promoting
institutional mechanisms to advance the status of women and attain
leadership positions for women. Although no legislation requires equal
pay for equal work, women and men generally received equal salaries for
comparable jobs.
Children.--Birth Registration.--Children acquire citizenship by
birth in the country, and all are registered at birth and equally able
to access public education and public services. Children born to
citizen parents abroad can be registered by either of their parents.
Child Abuse.--Child abuse remained a major problem. According to
the government, neglect was the most common form of abuse, while
physical and sexual abuse remained prevalent and underreported.
Authorities received a number of reports of sexual assaults against
children during the year and brought charges in cases involving alleged
sexual activity with minors (indecent assault). The government operated
one children's home for abused and neglected children and offered
counseling for both adult and child victims of abuse.
Sexual Exploitation of Children.--The law sets the age of consent
at 16. Under the statutory rape law, sexual relations with anyone under
16 are illegal, with penalties ranging from probation to life in
prison. Child pornography is illegal and carries a penalty of up to 20
years in prison.
International Child Abduction.--The country is a party to the 1980
Hague Convention on International Child Abduction but has been
designated as noncompliant. For information see the Department of
State's report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.
Anti-Semitism.--There was no organized Jewish community, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--During the year there were no reports that
persons were trafficked to, from, or within the country.
Persons With Disabilities.--While the law prohibits discrimination,
it does not specifically cite discrimination against persons with
disabilities. There was no reported discrimination against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services. The building code mandates access to
buildings for persons with disabilities, but this code was not always
followed or enforced.
Persons who are mentally ill and deemed a menace to society can be
incarcerated for life; there were four such persons in the prison.
Ministry of Health nurses in the various district health centers deal
with persons with mental illness, and the General Hospital has a wing
dedicated to caring for patients with mental illness.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws that
prohibit discrimination against a person on the basis of sexual
orientation. Same-sex sexual activity between men is illegal and
carries penalties up to 10 years in prison. Same-sex sexual activity
between women is not barred by statute.
Societal attitudes towards the lesbian, gay, bisexual, and
transgender (LGBT) community impeded operation and free association of
LGBT organizations and the openness of LGBT persons. The government
asserted that it received no reports of violence or discrimination
based on sexual orientation; however, unofficial reports indicated that
this remained a problem. An LGBT minor was attacked multiple times
during the year, resulting in serious injury. Anecdotal evidence
suggested the attacks were a result of LGBT status.
Other Societal Violence or Discrimination.--Although no statistics
were available, anecdotal evidence suggested that societal
discrimination against persons with HIV/AIDS occurred.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law gives workers the right to form and join independent unions, to
negotiate better wages and benefits for union members, and to strike.
However, employers are not legally bound to recognize a union. The law
permits the police, civil service, and organizations such as hotels,
construction workers, and small businesses to organize ``associations''
that serve as unions. It was not clear if the rights of such
associations differed from those of unions. Labor laws cover all
workers, including migrant workers, domestic workers, and workers in
specialized trade zones.
Restrictions on strikes by workers who provide essential services,
such as the police and civil servants, were enforced by established
practice and custom but not by law.
A union that obtains membership of more than 50 percent of
employees at a company can apply to be recognized by the employer for
collective bargaining. The law prohibits antiunion discrimination but
does not require employers found guilty of such action to rehire
employees fired for union activities. However, the employer must pay
lost wages and severance pay to workers employed at least one year,
based upon their length of service.
The government generally protected the legal right of workers to
form and join unions and bargain collectively. The government also
protected the right to strike. Employers generally recognized a union
if a majority of workers voted to organize. Worker organizations were
independent of the government and political parties. There was no
government interference in union activities, and employers did not use
hiring practices such as subcontracting or short-term contracts to
avoid hiring workers with bargaining rights. There was no evidence of
employer interference or antiunion discrimination toward union
functions.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits slavery, servitude, and forced labor by children, and the
government effectively enforced such provisions. There were no reports
that such practices occurred.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum legal working age is 16. The Department of Labor relied heavily
on school truancy officers and the Community Affairs Division to
monitor compliance, which they did effectively.
Children under age 16 worked in agriculture and domestic service.
In rural areas, children often assisted in small family lots with
livestock farming and vegetable production. Girls often engaged in
domestic service. Such labor included children looking after younger
siblings or ailing parents and grandparents, but rarely at the expense
of their schooling. Children often worked in other households as
domestic servants or babysitters. In general society did not consider
domestic work exploitive child labor.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The government sets the minimum
wage, which was EC$8.00 ($3.00) an hour. Average wages were
considerably higher than the minimum wage. The law provides for a 40-
to 44-hour workweek. The law provides for premium pay for work above
the standard workweek. There was no legal prohibition of excessive or
compulsory overtime. The law also calls for paid holidays.
While there are no specific health and safety regulations, the law
contains general health and safety guidance for Department of Labor
inspectors. The Labor Commission settles disputes over safety
conditions. Workers have the right to report unsafe work environments
without jeopardy to continued employment; inspectors then investigate
such claims, and workers may leave such locations without jeopardy to
their continued employment.
In practice workers in the formal sector normally worked 40 hours
in five days. Although not required by law, workers received at least
one 24-hour rest period per week. According to the labor code,
employees are entitled to time and a half when overtime is worked.
Local custom dictated that a worker could not be forced to work
overtime.
The Labor Commission undertook regular wage inspections and special
investigations when it received complaints; it required employers found
in violation to pay back wages. Eight labor officers also served as
labor inspectors. Penalties were sufficient to deter violations. The
Ministry of Labor encouraged enforcement of standards in the informal
labor sector as well and worked in conjunction with the Social Security
office to have those in the informal sector register their businesses
and become self-employed. Once a business is officially registered,
employees begin to receive benefits along with regular inspections.
__________
SAINT LUCIA
executive summary
Saint Lucia is a multiparty, parliamentary democracy. In generally
free and fair elections on November 28, the Saint Lucia Labour Party
(SLP) won 11 of the seats in the 17-member House of Assembly, defeating
the previously ruling United Workers Party (UWP). SLP leader Kenny
Anthony was sworn in as prime minister on November 30. Security forces
reported to civilian authorities.
The most serious human rights problems included reports of unlawful
police killings, abuse of suspects and prisoners by the police, and
long delays in trials and sentencing.
Other human rights problems included corruption, violence against
women, child abuse, and discrimination against consensual same-sex
sexual activity.
Although the government took some steps to prosecute officials and
employees who committed abuses, the procedure for investigating police
officers was lengthy, cumbersome, and often inconclusive. When the rare
cases reached trial years later, juries often acquitted, leaving an
appearance of de facto impunity.
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 12 potentially unlawful fatal police shootings during the
year, some reportedly committed by officers associated with an ad hoc
task force within the police department. The Criminal Investigations
Department conducted investigations and referred cases to the director
of public prosecutions (DPP) for review.
The DPP reviews all police shootings resulting in death and refers
matters for inquest. The 12 police shootings were all in varying stages
of review; three were pending coroner's inquests, and the DPP had the
rest under review. The new government took steps to expedite
investigative processes and review of these cases.
There was only limited progress in the DPP reviews and other
investigations of unlawful killings dating back to 2006. Authorities
reported two police shootings from 2010 and one shooting from 2009 as
still pending in the coroner's inquest process. In March authorities
brought the case of a police officer charged with manslaughter by
recklessness for the fatal shooting of Stephen Flavius in 2006 to
trial; the officer was found not guilty. At year's end the trial of a
police officer charged with manslaughter by recklessness in the 2008
fatal shooting of John Garvy Alcindor was before the court for trial.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however,
prisoners and suspects regularly complained of physical abuse by police
and prison officers. There also were reports that police beat persons
under arrest either during the arrest or while in custody at the
initial detention center prior to arrival at the prison.
During the year citizens filed a number of complaints against the
police, most of which were for abuse of authority. On at least four
occasions, police were alleged to have shot men during an arrest or
during a neighborhood sweep operation.
Limited information was available regarding official investigations
of complaints pending in various stages of review from earlier years;
the DPP is responsible for filing charges in such cases but was unable
to monitor their progress due to limited resources and manpower. A
woman's claim that police raped her while in custody in 2010 was under
investigation; according to the police the woman was unable to identify
her alleged attackers, and the DPP preliminarily ruled there was
insufficient evidence to file charges. Although the government
sometimes asserted that independent inquiries would be launched into
allegations of abuse, the lack of information created a perception of
impunity for the accused officers.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
government permitted visits by independent human rights observers.
The Bordelais Correctional Facility, which has an intended capacity
of 500 inmates, held 554 inmates at year's end, of whom 280 were
sentenced prisoners and 274 were on remand awaiting trial or other
judicial disposition. There were eight female inmates and 50 youth
offenders ages 16-21. Female inmates were segregated from male inmates,
as were youth offenders. Detainees were segregated from sentenced
inmates.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Prison authorities permitted prisoners
and detainees to submit complaints to judicial authorities without
censorship. Prisoners and detainees had access to attorneys for this
purpose.
The Boys Training Center, a facility for boys charged with criminal
offenses or suffering from domestic or other social problems, operated
separately from the prison, and conditions were substandard. Boys
charged with crimes were not segregated from those with social
problems, and the facility was not designed to house juvenile
delinquents.
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 Royal Saint Lucia
Police has responsibility in law and in practice for law enforcement
and maintenance of order within the country and reports to the Ministry
of National Security and Home Affairs. The Criminal Investigations
Division investigates internal affairs and allegations against officers
and refers cases to the DPP for review, inquest, and prosecution. There
is also a Police Complaints Commission to take complaints from members
of the public; these complaints are investigated by a special unit of
three police officers assigned to assist the commission.
Civilian authorities maintained effective control over the police,
but there were reports of impunity. Although the government has
institutions and procedures in place to investigate abuses by the
security forces, these efforts have been ineffective overall. For
instance, although authorities referred many cases for investigation
and prosecution, prosecutions were rarely completed, and cases remained
in investigation without conclusion for years. Lack of adequate human
resources in the criminal justice system (prosecutors and criminal
magistrates), delays in the judicial system, the reluctance of
witnesses to testify, and strong public and political support for the
police contributed to the overall inability of the government to
address allegations efficiently.
Arrest Procedures and Treatment While in Detention.--The
constitution stipulates that persons must be apprehended openly with
warrants issued by a judicial authority and requires a court hearing
within 72 hours of detention. Detainees are allowed prompt access to
counsel and family. There is a functioning bail system.
Prolonged pretrial detention continued to be a problem; 124 of the
prisoners at Bordelais Correctional Facility were awaiting trial. Those
charged with serious crimes spent an estimated six months to five years
in pretrial detention.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials can be by jury and are public. In cases involving capital
punishment, legal counsel is provided for those who cannot afford a
defense attorney. Defendants are entitled to select their own
representation, are presumed innocent until proven guilty in court, and
have the right of appeal. Defendants have the right to confront or
question witnesses and have access to government-held evidence. An
attorney can be provided at public expense if needed in cases of
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,
impartial judiciary in civil matters where one can bring lawsuits
seeking damages for a human rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice. An
independent press, an effective judiciary, and a functioning democratic
political system combined to ensure freedom of speech and of the press.
There were reports of alleged death threats against a media personality
by a senior government official.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice.
The government cooperated with the Office of the U.N. 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.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, but the
government has established a system for providing protection for
refugees. According to the UNHCR, there were six asylum seekers in the
country. Refugees and asylum seekers had access to education, health
care, social services, law enforcement, legal aid, and access to
courts. The government has assisted the safe, voluntary return of
refugees to their home 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, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--On
November 28, the SLP defeated the UWP by winning 11 of 17 parliamentary
seats. The UWP filed court challenges over the results in three
constituencies; these had not been resolved by year's end. SLP leader
Kenny Anthony was sworn in as prime minister on November 30; Anthony
had previously served twice as prime minister in the period 1977 to
2006. Electoral observer missions from the Organization of American
States (OAS), the Caribbean Community, and the Commonwealth Secretariat
considered the elections generally free and fair. The OAS mission's
preliminary report stated the elections were conducted in a fluid and
peaceful manner and noted an increase in participation by women as
candidates and as election workers. Its final report recommended that
the government update the voters' registry, redraw constituency
boundaries, adopt rules to prohibit anonymous and foreign campaign
contributions, take steps to increase voter participation, and consider
a quota system to provide incentives for greater participation by women
in politics.
Participation of Women and Minorities.--Voters elected three women
to the House of Assembly; two of them also serve as members of the
cabinet. The governor general was a woman; she appointed a woman to
serve as deputy president of the Senate, and the SLP appointed another
woman to serve as a senator.
Section 4. Official Corruption and Government Transparency
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. There
were isolated reports of government corruption during the year.
Although no senior officials were charged, there were successful
investigations and arrests of customs and correctional officers for
corruption and drug trafficking activities.
Corruption continued to be viewed as serious and was widely
discussed by the media, the business community, and opposition
politicians. Observers expressed concern that the country was moving
backwards in terms of transparency and accountability. There were also
reports that foreign donors routed some foreign assistance funds
through offices of specific parliamentarians, providing the opportunity
for graft by the ministers involved. There was an increasing public
perception that certain politicians wielded undue influence over the
law enforcement community to shield themselves from investigation for
corrupt practices.
Both the SLP and the media reported corruption on the part of
government ministers involved in public works procurement, granting of
improper customs and import concessions, and diversion of foreign
assistance funds to personal accounts of ministers.
High-level government officials, including elected officials, were
subject to annual disclosure of their financial assets to the Integrity
Commission, a constitutionally established commission. The
parliamentary commissioner, auditor general, and the Public Services
Commission are responsible for combating corruption. Parliament can
also appoint a special committee to investigate specific allegations of
corruption.
The law provides for public access to information, and
parliamentary debates are open to the public. The Government
Information Service disseminated public information on a daily basis,
operated an extensive Web site, and published a number of official
periodicals.
Section 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, investigating and publishing their findings on
human rights cases, and government officials often were cooperative and
responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination, but there was no
specific legislation addressing discrimination in employment or against
persons with disabilities.
Women.--Rape and Domestic Violence.--The law criminalizes rape, but
not spousal rape. Police and courts enforced laws to protect women
against rape, which is punishable by 14 years to life imprisonment. The
police were not reluctant to arrest or prosecute offenders, although
many victims were reluctant to report cases of rape or to press charges
due to fear of stigma, retribution, or further violence. No data were
available about the number of rapes reported, charges brought, or
convictions obtained. The DPP reported that sexual assault cases were a
growing problem but that most cases were not prosecuted due to the
reluctance of victims to press charges.
Domestic violence was also a significant human rights problem.
While police were willing to arrest offenders, the government
prosecuted crimes of violence against women only when the victim
pressed charges. Often victims were reluctant to press charges due to
their reliance on financial assistance of the abuser. Shelters,
hotlines, and improved police training were all used to deal with the
problem, but the lack of financial security for the victim was the key
impediment. Shelters were operated in private homes, in order to
preserve the privacy of the victims, but the location of a shelter was
hard to keep secret. The family courts heard cases of domestic violence
and crimes against women and children.
The Ministry of Health, Wellness, Human Services, and Gender
Relations assisted victims. Most of the cases were referred to a
counselor, and the police facilitated the issuance of court protection
orders in some cases. Police arrested and charged perpetrators in a
number of domestic violence cases.
The police's Vulnerable Persons Unit, designed to handle cases
involving violence against women and children, increased police
responsiveness to these cases. As a result the police reported an
increase in the reporting of sexual crimes against women and children
over previous years. This unit worked closely with the Family Court and
the ministry's Department of Gender Relations and Department of Human
Services and Family Affairs.
The Department of Gender Relations also ran the Women's Support
Center, which provided shelter, counseling, residential services, a 24-
hour hotline, and assistance in finding employment. Various
nongovernmental organizations, such as the Saint Lucia Crisis Center
and the National Organization of Women, also provided counseling,
referral, education, and empowerment services. The crisis center
assisted in cases of physical violence, incest, nonpayment of child
support, alcohol and drug abuse, homelessness, custody, and visitation
rights.
The Family Court can issue a protection order prohibiting an abuser
from entering or remaining in the residence of a specified person.
Occupation and tenancy orders provide certain residential rights to
victims of domestic violence, such as rental payments and other
protective orders. The Family Court employed full-time social workers
who assisted victims of domestic violence.
Sexual Harassment.--The criminal code prohibits sexual harassment,
but it remained a problem, as government enforcement was not an
effective deterrent. The Department of Gender Relations continued an
awareness program through which it provided training opportunities in
workplaces and assisted establishments in creating policies and
procedures on how to handle sexual harassment. As a result most cases
of sexual harassment were handled in the workplace rather than being
prosecuted under the criminal code.
Reproductive Rights.--Couples and individuals have the right to
decide freely the number, spacing, and timing of their children.
Skilled attendance at delivery and in postpartum care was widely
available --in 2008 U.N. data put it at 98 percent of live births.
Access to contraception was widely available. Incidence of maternal
mortality was not available. Testing for sexually transmitted diseases
was nondiscriminatory and also widely available.
Discrimination.--Women enjoyed equal rights under the law,
including in economic, family, property, and judicial matters. However,
in practice women were still underrepresented in the labor force, had
higher levels of unemployment than men, and sometimes received unequal
and lower pay. Women's affairs were under the jurisdiction of the
Department of Gender Relations, whose parent ministry was responsible
for protecting women's rights in domestic violence cases and preventing
discrimination against women, including ensuring equal treatment in
employment.
Children.--Birth Registration.--Children receive citizenship by
birth to a Saint Lucian parent. Birth certificates were provided to the
parents without undue administrative delay.
Child Abuse.--Child abuse remained a problem. The Department of
Human Services and Family Affairs handled a number of cases of sexual
abuse, physical abuse, abandonment, and psychological abuse, but no
figures were available on its prevalence during the year. Although the
government condemned the practice, parents of sexually abused children
sometimes declined to press sexual assault charges against the abuser
in exchange for financial contributions toward the welfare of victims
of such abuse. Nonetheless, courts heard some child sexual abuse cases
and convicted and sentenced offenders.
The human services division provided a number of services to
victims of child abuse, including counseling, facilitating medical
intervention, finding foster care, providing family support services,
and supporting the child while working with the police and attending
court. The division was also involved with public outreach in schools,
church organizations, and community groups.
The Caribbean Association for Feminist Research and Action (CAFRA)
operated a hotline for families suffering from different forms of
abuse; however, in the absence of any government shelter for abused
children, many children were returned to the homes in which they were
abused. Through the hotline and also through its outreach with sex
workers, CAFRA learned of various cases of sexual abuse that were never
reported to the police. The government did not provide funding for
foster care, and few families were willing to take in foster children.
The Catholic Church operated the Holy Family Home for abused and
abandoned children, with space for up to 40 children who were referred
to the center by the police or social workers.
Sexual Exploitation of Children.--Laws on sexual offenses include
rape, unlawful sexual connection, and unlawful sexual intercourse with
children under 16. The age of consent is 16, but a consent defense can
be cited if the victim is between 12 and 16 years of age; no defense of
consent is allowed when the child is under 12. The Counter-Trafficking
Act prohibits trafficking of children under age 18 for labor or
commercial sexual exploitation. No separate law defines or specifically
prohibits child pornography.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no organized Jewish community, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--No specific legislation protects the
rights of persons with disabilities or mandates provision of government
services for them. The government is obliged to provide disabled access
to all public buildings, but only a few government buildings had ramps
to provide access. There was no rehabilitation facility for persons
with physical disabilities, although the Health Ministry operated a
community-based rehabilitation program in residents' homes. There were
schools for the deaf and the blind up to the secondary level. There
also was a school for persons with mental disabilities; however,
children with disabilities faced barriers in education, and there were
few opportunities for such persons when they became adults.
A full mental health hospital and wellness center entered into full
operation in 2010.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex activity
is illegal under indecency statues, and some same-sex sexual activity
between men is also illegal under anal intercourse laws. Indecency
statutes carry a maximum penalty of five years, and anal intercourse
carries a maximum penalty of 10 years in prison.
While such laws were rarely enforced, there was widespread social
discrimination against lesbians, gays, bisexual, and transgender (LGBT)
persons in the deeply conservative society. Nonetheless, in April then
prime minister Stephenson King pledged in parliament to ``stand against
discrimination and stigma in all its forms'' and to ``guarantee
nondiscrimination against persons on the basis of their sexual
orientation.'' There were few openly LGBT persons in the country,
although some informal groups formed and became more vocal after a
brutal robbery and assault allegedly motivated by the victim's LGBT
status. In March, assailants beat three gay tourists during the course
of a robbery believed to have been motivated in part by antigay
sentiment.
Other Societal Violence or Discrimination.--There was widespread
stigma and discrimination against persons infected with HIV/AIDS,
although the government implemented several programs to address this
problem, including a five-year program to combat HIV/AIDS. The U.N.
Population Fund also provided support for youth-oriented HIV/AIDS
prevention programs.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law specifies the right of most workers to form and join
independent unions, to strike, and to bargain collectively. The law
does not prohibit antiunion discrimination, and workers fired for union
activity did not have the right to reinstatement.
The law places several restrictions on worker rights. For instance,
it does not permit civil service workers to join a union; instead, they
formed the Civil Service Association, a quasi-union. The law prohibits
members of the police and fire departments from striking on the grounds
that these professions are ``essential services.'' Workers in other
essential services--water and sewer authority workers, electric utility
workers, nurses, and doctors--must give 30 days' notice before
striking. Once workers have given notice, the matter is usually
referred to an ad hoc tribunal set up under the Essential Service Act.
The government selects tribunal members, following rules to ensure
tripartite representation. The ad hoc labor tribunals try to resolve
disputes through mandatory arbitration.
The government generally respected freedom of association and the
right to collective bargaining in practice. Worker organizations were
independent of the government and political parties. All the unions
belong to the umbrella Saint Lucia Trade Union Federation. Outside of
essential services, workers exercised the right to strike and to
bargain collectively in practice.
In practice many companies were openly antiunion in attitude, but
there were no reports of interference in practice.
b. Prohibition of Forced or Compulsory Labor.--The government
prohibits all forms of forced or compulsory labor and generally
enforced the prohibition. However, there were occasional reports of
forced labor, including domestic servitude.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for a minimum legal working age of 16. The minimum legal
working age for industrial work is 18. The Employee's (Occupational and
Safety) Act provides special protections for children between the age
of 16 and 18 as to working conditions and prohibits certain hazardous
work.
The Ministry of Education, Human Resource Development, and Labor
was responsible for enforcing statutes regulating child labor. Employer
penalties for violating the child labor laws were EC$9.60 ($3.55) for a
first offense and EC$24 ($8.88) for a second offense.
Child labor existed in the rural areas, primarily where school-age
children helped harvest bananas from family trees. Children also
typically worked in urban food stalls or sold confectionery on
sidewalks on nonschool days and during festivals. There were no formal
reports of violations of child labor laws. Also see the Department of
Labor's Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/
programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--Minimum wage regulations in
effect since 1985 set wages for a limited number of occupations. The
minimum monthly wage for office clerks was EC$300 ($111), for shop
assistants EC$200 ($74), and for messengers EC$160 ($59).
The legislated workweek is 40 hours with a maximum of eight hours
per day. Overtime hours are at the discretion of the employer and the
agreement of the employee. Pay is time and a half for work over 8 hours
and double for work on Sundays and public holidays. Monthly paid
workers are entitled to a minimum of 14 paid vacation days after one
year. Workers paid on a daily or biweekly schedule have a minimum of 14
vacation days after 150 days. Special legislation covers work hours for
shop assistants, agricultural workers, domestics, and workers in
industrial establishments.
The government set occupational health and safety standards that
cover all groups of employees except members of the police force.
Penalties for violations of these standards ranged from EC$200 ($74) or
imprisonment for three months for general violations, with an
additional fine of EC$50 ($18) per day for additional offenses, to
EC$500 ($180) and imprisonment for three months.
The ministry's labor commissioner is charged with monitoring
violations of labor law, including the minimum wage. There were seven
compliance officers to cover the entire country and monitor compliance
with occupational and safety standards, pension standards, and minimum
wage violations
Occupational health and safety regulations were relatively well
developed. The ministry enforced them through threat of closure if it
discovered violations in a business and the business did not correct
them. However, actual closures rarely occurred because of lack of staff
and resources. Workers had the legal right to leave a dangerous
workplace situation without jeopardy to continued employment.
In practice there were few reported violations of wage laws, as
those who received less than the minimum wage were often in the country
illegally and afraid of reprisal, including possible deportation. Labor
unions did not routinely report such violations, and most categories of
workers received much higher wages based on prevailing market
conditions. However, a number of smaller establishments paid less than
the minimum wage, and Haitians and others often received less than the
minimum wage due to illegal practices of employers.
__________
SAINT VINCENT AND THE GRENADINES
executive summary
Saint Vincent and the Grenadines is a multiparty, parliamentary
democracy. Government control lies with the prime minister and his
cabinet. Vincentians returned Prime Minister Ralph Gonsalves to office
for a third term in December 2010 elections. International observers
assessed the vote as generally free and fair. Security forces reported
to civilian authorities.
The most serious human rights problems were police use of excessive
force, poor prison conditions, and violence against women.
Other human rights problems included official corruption, lack of
government transparency, discrimination, trafficking in persons, and
child abuse.
The government took steps to punish officials who commit abuses,
but a perception of impunity persisted.
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 occasion police officers shot and killed persons
encountered in the line of duty. The Criminal Investigations Department
(CID) investigated all police killings, which also were referred to
coroner's inquests.
On July 13, police shot and killed one Dominican man after the
Vincentian Coast Guard intercepted his vessel and the individual
allegedly fired a weapon. The police brought charges against two others
aboard the vessel, but a court eventually dismissed the cases. A
coroner's inquest was pending into the person's death.
On December 11, police shot and killed an escaped prisoner, Godwin
Moses, who was found in possession of a firearm that he retrieved from
a man he allegedly murdered shortly after his escape. The bodies of
Moses and his alleged victim were undergoing a coroner's inquest at the
end of the year.
The August 2010 incident where a police officer shot and killed a
mentally disturbed man during a civil disturbance and accidently shot
three girls went to a coroner's inquest. The coroner's jury ruled that
the suspect's death was a death by misadventure.
After a CID investigation, the director of public prosecutions
(DPP) reached a plea bargain and charged police constable Rohan
McDowall with manslaughter in conjunction with an August 2010 incident
in which McDowall shot and killed a fellow police officer. However,
McDowall reneged on the plea bargain, and the DPP refiled the original
murder charges.
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 nongovernmental organization (NGO) St. Vincent and the Grenadines
Human Rights Association (SVGHRA) asserted that the police used
excessive force.
Citizens alleging police abuse can lodge complaints with the
Complaint Department within the police force or an independent
government oversight committee. If a particular complaint has merit,
the DPP will file charges. The government did not normally provide any
public information about the disposition of such complaints, any
disciplinary charges, or other actions taken.
In June the police force reinstated three officers convicted of
beating a 15-year-old boy in 2008. The law prevents applicants with a
criminal record from joining the police but does not disqualify those
convicted of crimes while already serving on the force.
Prison and Detention Center Conditions.--Prison conditions remained
poor. Prison buildings were antiquated and overcrowded, with Her
Majesty's Prison in Kingstown holding 409 inmates in a building
intended to hold approximately 150, creating serious health and safety
problems.
The Belle Isle Correctional Facility officially opened in 2009 but
remained empty at year's end. While prisoners were working at the on-
site farm, they continued to reside in Kingstown, but authorities plan
to transfer them to the new prison within the first quarter of 2012.
The new facility is designed to hold 288 inmates in separate quarters
for males and females.
Poor economic prospects for former prisoners drove recidivism rates
of 75 percent or higher. Key problem areas in the current facility
included the inability to segregate prisoners, gangs, and contraband,
including cell phones and drugs. HIV/AIDS prevalence in prison was more
than 10 times that of the general population; 4.1 percent of inmates
were infected.
The SVGHRA reported that prison problems such as endemic violence,
understaffing, underpaid guards, uncontrolled weapons and drugs,
increasing incidence of HIV/AIDS, and unhygienic conditions persisted.
Corrupt prison staff commonly served as a source of drugs, weapons, and
cell phones. The SVGHRA also alleged that guards routinely beat
prisoners to extract information regarding escapes, violence, and crime
committed in the prison. On November 25, a prisoner died in police
custody due to a blockage of the main lung artery. A senior-level
police investigation took place at year's end to gain a more detailed
understanding of what led to the prisoner's death.
The Fort Charlotte Prison held 15 female inmates in a separate
section designed to hold 50 inmates, where conditions were antiquated
and unhygienic. Pretrial detainees and young offenders (16 to 21 years
of age), 10 percent of the total male prison population, were held with
convicted prisoners.
Conditions were inadequate for juvenile offenders. Boys younger
than 16 were held at the Liberty Lodge Boys' Training Center, which
takes in at-risk boys who can no longer stay at home due to domestic
problems or involvement with criminal activity. Most of the boys were
at the center because of domestic problems, and only a small number
were charged with committing a crime.
Each convict had a schedule of visitors limited to one visit per
week. There were no limitations on visitors for those in custody but
not yet convicted. Local churches organized weekly religious services.
Prisoners could file complaints by writing the court registrar who
schedules court hearings. The government permitted prison visits by
independent human rights observers, and such visits took place during
the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The Royal Saint Vincent
and the Grenadines Police, the only security force in the country, is
responsible for maintaining national security. Its forces include a
Coast Guard, a Special Services Unit, a Rapid Response Unit, and a Drug
Squad. The police force reports to the minister of national security, a
portfolio held by the prime minister.
Civilian authorities maintained effective control over the police,
and the government has effective mechanisms to investigate and punish
abuse and corruption. The government operated an oversight committee to
monitor police activity and hear public complaints against police
misconduct. There were no verified reports of impunity during the year.
Arrest Procedures and Treatment While in Detention.--The law
requires judicial authority to issue arrest warrants. Police
apprehended persons openly, and detainees may seek judicial
determinations of their status after 48 hours if not already provided.
The bail system functioned and was generally effective.
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 fair, public trials, and an
independent judiciary generally enforced this right. Juries are used at
the High Court level for criminal matters but are not used in the civil
court or for crimes at the magistrate level. The court appoints
attorneys only for indigent defendants charged with a capital offense.
Defendants are presumed innocent until proven guilty, may confront and
question witnesses, may appeal verdicts and penalties, and have access
to relevant government-held evidence once a case reaches the trial
stage. Lengthy delays occurred in preliminary inquiries for serious
crimes. A backlog of pending cases continued because the magistrate's
court in Kingstown continued to lack a full complement of magistrates.
Witnesses sometimes refused to testify because they feared retaliation;
the decision negatively affected the prosecution of crimes.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent,
impartial judiciary in civil matters, where one can bring lawsuits
seeking damages for a human rights violation.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The 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.--Status of Freedom of Speech and
Press.--The constitution and 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.
Censorship or Content Restrictions.--The independent media were
active and expressed a wide variety of views without restriction.
However, there continued to be accounts of the prime minister or other
officials rebuking the press for comments critical of the government,
spurring some reports of self-censorship.
Libel Laws/National Security.--In August the DPP declined to
prosecute a criminal case in which an opposition radio host was
initially charged with publishing a false statement about prominent
government officials. In November a court ordered an opposition radio
station to pay an EC$250,000 ($92,560) award to Prime Minister
Gonsalves in relation to a defamation suit. Such lawsuits were not
uncommon and may be used to protect one's political reputation.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 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 prepared to cooperate with the Office of the
U.N. High Commissioner for Refugees and other humanitarian
organizations in assisting refugees and other persons of concern.
Protection of Refugees.--Access to Asylum.--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. There were no refugees or asylum seekers residing within the
country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--Recent Elections.--In
December 2010 elections, the ruling United Labour Party was returned to
office, winning eight seats. The opposition New Democratic Party
increased its seats from four to seven. International observers from
the Caribbean Community and the Organization of American States
declared the elections to be generally free and fair. During the year
the opposition party continued to challenge four electoral contests. If
successful in even one of the districts, the ruling party could lose
its narrow majority in parliament.
Both the ruling party and the opposition noted pre-election
violence. Several shootings related to political rallies occurred in
the weeks leading up to the election, but it was unclear if they were
politically motivated. The DPP took over prosecution of 10 criminal
charges filed by opposition leaders in the election but dismissed them.
Allegations of political handouts and other forms of low-level
corruption in the time leading up to the election plagued both parties.
Such bribes were historically a part of the country's political
culture.
Participation by Women and Minorities.--Women were able to
participate in political life on the same legal basis as men. Women
held three of the 21 seats in the House of Assembly. One woman, the
deputy prime minister, held a cabinet-level position.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively. Anticorruption
laws were primarily used to combat abuses committed in the Public Works
Department and Public Licensing Division; they were not used to
prosecute high-level government officials.
Allegations of corruption were regularly raised against politicians
by their opponents. The DPP can prosecute such claims.
There were no financial disclosure laws for public officials. No
government agency was specifically responsible for combating government
corruption.
The law provides for public access to information, and the
government provided such access in practice. Human rights organizations
assisted individuals in obtaining information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no restrictions on international human rights groups. A
domestic human rights group, the SVGHRA, generally operated without
government restriction, investigating and publishing its findings on
human rights cases. Government officials were somewhat receptive to its
views. However, in December 2010 the prime minister accused members of
the SVGHRA of being opposition political activists, a charge they
refuted.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides for equal treatment regardless of race or gender,
and the government generally enforced this provision in practice. Human
rights associations, not the DPP, handled the discrimination cases.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal, and the government generally enforced the law when victims
came forward. Depending on the magnitude of the offense and the age of
the victim, sentences for rape could be eight to 10 years'
imprisonment. Judges rarely imposed life imprisonment. Allegations of
rape or any abuse against women are referred to the police. Police were
generally responsive to these complaints, but fear of reprisal may
deter some victims from seeking assistance. Although no special unit is
devoted to these types of crimes, some officers were specially trained
to handle them.
Human rights, government, and press sources all noted an increase
in reports of rape and incest. One Vincentian man was charged with 160
counts of these types of crimes, the most charges ever levied against
one person at the same time. Such cases often were difficult to
prosecute, as witnesses were reluctant to testify and any discussion of
these types of abuse could be considered taboo. Despite these
challenges, the DPP successfully prosecuted a number of cases. Data
were available from two of the three court sittings, which heard 26
sexual offense cases during the year, of which nine were completed and
17 carried over to 2012. These included 14 rapes and 12 cases of
unlawful sexual intercourse.
Violence against women remained a serious and pervasive problem.
The law does not criminalize domestic violence specifically but
provides protection for victims. Cases involving domestic violence
could be charged under assault, battery, or other similar laws, but
police were often reluctant to follow up on domestic violence cases. As
a result, perpetrators of crimes against women often enjoyed impunity.
The government's Division of Gender Affairs offered 19 different
programs to assist women and children. At year's end the government had
nearly completed a crisis center for victims of domestic violence,
which has a hidden location and will receive referrals from family
court and also serve as a temporary shelter for women and children in
between homes.
Sexual Harassment.--The law does not specifically prohibit sexual
harassment, although it could be prosecuted under existing laws. Local
human rights groups considered these laws ineffective.
Reproductive Rights.--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. In 2009 (the latest year
available) the contraceptive prevalence rate was 48 percent. Incidence
of maternal mortality was not available. Women and men were given equal
access to diagnostic services and treatment for sexually transmitted
infections.
Discrimination.--Women enjoyed the same legal rights as men,
although in practice many were marginalized due to financial
dependence. Women received an equitable share of property following
separation or divorce. The Gender Affairs Division continued to assist
the National Council of Women with seminars, training programs, and
public relations. The division worked closely with several
international NGOs. The minimum wage law specifies that women should
receive equal pay for equal work, and this generally was enforced in
practice.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory or from either of one's parents. There
was universal birth registration.
Child Abuse.--The law provides a limited legal framework for the
protection of children, and the Family Services Division of the Social
Development Ministry monitored and protected the welfare of children.
The division referred all reports of child abuse to the police for
action and provided assistance in cases where children applied for
protection orders with the family court.
Sexual Exploitation of Children.--Some male and female teenagers
engaged in prostitution. The minimum age of consensual sex is 16. The
penalty for child prostitution is 14 years' imprisonment. The law
prohibits statutory rape, with special provisions for those less than
13 years of age. The penalty for statutory rape of a girl over 13 but
less than 16 years old is five years' imprisonment; for girls under age
13, it is life imprisonment. NGO and government sources reported that
mothers of girls may encourage their children to have sexual relations
with older men as a way to supplement family income. The law does not
specifically prohibit child pornography.
International Child Abduction.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no organized Jewish community, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, and the provision of other state
services, and the government generally observed these prohibitions in
practice. The law does not mandate access to buildings for persons with
disabilities, and access for such persons generally was difficult.
Communications were available for persons with disabilities, but the
government did not have any programs to facilitate communication
through technology. There were no restrictions on voting or other civic
participation. The government partially supported a school for persons
with disabilities. A separate rehabilitation center treated
approximately five persons daily. The Ministry of National
Mobilization, Social Development, NGO Relations, Family, Gender
Affairs, and Persons with Disabilities is responsible for assisting
persons with disabilities.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws that
prohibit discrimination against a person on the basis of sexual
orientation. Consensual same-sex conduct is illegal under indecency
statutes, and some same-sex sexual activity between men is also illegal
under anal intercourse laws. Indecency statutes carry a maximum penalty
of five years, and anal intercourse acts carry a maximum penalty of 10
years in prison, although these laws were rarely enforced.
Anecdotal evidence suggested there was social discrimination
against lesbians, gays, bisexual, and transgender persons in the deeply
conservative society, although local observers believed such attitudes
of intolerance were slowly improving. Members of professional and
business classes were more inclined to conceal their sexual
orientation.
Other Societal Violence or Discrimination.--HIV infection rates
were low, but the disease was prevalent in 0.4 percent of the
population and has killed more than 900 people. Although no statistics
were available, anecdotal evidence suggested there was some societal
discrimination against persons with HIV/AIDS. There is a government HIV
Secretariat, but local NGOs found it to be inadequate. There were
approximately a dozen NGOs working on AIDS-related issues, but funding
difficulties led to cutbacks in these services.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions of their choice, permits
collective bargaining, provides for the right to strike, prohibits
retaliation against strikers, prohibits antiunion discrimination,
protects workers from dismissal for engaging in union activities, and
provides them with reinstatement rights if illegally dismissed.
The government generally enforced labor laws effectively. The
Essential Services Act prohibits persons providing such services
(defined as electricity, water, hospital, and police) from striking
unless they provide at least a 14-day notice to the authorities.
The law does not require employers to recognize a particular union
as an exclusive bargaining agent. The law provides that if both parties
consent to arbitration, the minister of labor can appoint an
arbitration committee from the private sector to hear the matter.
The law provides for establishment of an arbitration tribunal and a
board of inquiry in connection with trade disputes and allows provision
for the settlement of such disputes. Arbitration panels are formed on
an ad hoc basis when a labor dispute arises. Labor unions and
businesses were generally satisfied with the working of the arbitration
panels, which have tripartite representation.
The Department of Labor did not report any prosecutions for
collective bargaining rights violations during the year. The only high-
profile labor dispute involved the government and the St. Vincent and
Grenadines Teachers' Union (SVGTU) on whether three teachers who
resigned from their positions in order to run for elected office should
get their jobs back after losing at the polls. A section in the
collective bargaining agreement appeared to allow the teachers to take
six months' election leave, but the court later determined the measure
to be unconstitutional. Both parties declined to use the Department of
Labor to mediate the disagreement, and the government and the SVGTU
attempted to resolve it. The SVGTU can take the matter to the court but
had chosen not to do so; at year's end the teachers awaited
reinstatement.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, and the government generally
enforced the law effectively.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum working age at 16, and workers may receive a
national insurance card at that age. The Ministry of Labor monitored
and enforced this provision, and employers generally respected it in
practice. There were five labor officers in the labor inspectorate with
responsibility for monitoring all labor issues and complaints. The
ministry reported no child labor problems. The only known child labor
was work on family-owned banana plantations, particularly during
harvest time, or in family-owned cottage industries. The government
operated Youth Empowerment, which provided training and increased job
opportunities by employing young persons in government ministries for
up to one year.
See also the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/.ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--Minimum wages, last updated in
2008, vary by sector and type of work and are specified for several
skilled categories. In agriculture the minimum wage for workers
provided shelter was EC$32 ($11.85) per day, or EC$56 ($20.74) if
shelter was not provided; for industrial workers it was EC$40 ($14.81)
per day. Most workers earned more than the minimum. Workers who receive
less than the minimum wage can file a claim with the Labor Ministry's
inspectors, who will investigate and, if warranted, refer the matter to
arbitration. In practice the ministry received very few complaints
concerning minimum wage violations but did receive complaints regarding
wrongful dismissal.
The law prescribes hours of work according to category, such as
industrial employees (40 hours per week), professionals (44 hours per
week), and agricultural workers (30 to 40 hours per week). The law
provides that workers receive time-and-a-half for hours worked over the
standard workweek. There was a prohibition against excessive or
compulsory overtime, which was effectively enforced in practice. The
law provides workers with paid holiday leave, and the number of days a
worker is entitled to varies according to occupation.
The Department of Labor had five labor inspectors that conducted
regular wage and workplace safety inspections. While there are fines
and other penalties in the labor laws, they were inapplicable in many
cases. The department also indicated that workplace violations were
rare since most employers adhered to the minimum labor standards. The
department offered voluntary labor dispute mediation and advised
employers and employees of their labor rights through a weekly radio
program.
Legislation concerning occupational safety and health was outdated,
and enforcement of regulations was ineffective. The law does not
address specifically whether workers have the right to remove
themselves from work situations that endanger health or safety without
jeopardy to their continued employment, but it stipulates conditions
under which factories must be maintained. Failure to comply with these
regulations would constitute a breach, which might provide legal cover
to a worker who refused to work under these conditions.
The agricultural sector was considered the most hazardous sector
due to workers' exposure to chemicals when working in the field. The
Ministry of Agriculture conducted inspections and worksite visits to
ensure that workers were protected. No major workplace accidents were
reported during the year.
__________
SURINAME
executive summary
Suriname is a constitutional democracy, with a president elected by
the unicameral National Assembly or by the larger United People's
Assembly. After generally free and fair legislative elections in May
2010, several political alliances formed a coalition government. The
National Assembly elected former military leader Desire Bouterse
president in July 2010. Security forces reported to civilian
authorities.
The most serious human rights problems were overcrowded detention
facilities, lengthy pretrial detention, and governmental corruption.
Other human rights problems included self-censorship by some media
organizations and journalists; societal discrimination against women,
Maroons, indigenous people, and other minorities; domestic violence
against women; trafficking in persons; and child labor in the informal
sector.
The government continued to take steps to prosecute abusers in the
security forces, where there was a widespread perception of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings. Security force members shot and killed a wanted
criminal early in the year, and in June a warning shot apparently fired
by police killed a bystander after a riot erupted. At year's end
authorities were investigating to determine if the bullet in this
accidental killing was fired by police or by other bystanders. Criminal
charges were filed against the officer. There was generally little
information available about investigations into killings by police or
other security force members.
The trial of former military dictator and current President Desire
Bouterse and his codefendants for the 1982 extrajudicial killing of 15
political opponents continued at year's end without interference.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the law prohibits such practices, human rights
groups and the media continued to report mistreatment by police as well
as isolated incidents of abuse of prisoners by prison officials.
Prison and Detention Center Conditions.--Prison and detention
center conditions remained poor. Poor ventilation, limited lighting,
and extreme heat remained problems in prisons and detention centers.
Most prisons and detention centers, particularly the older jails,
remained unsanitary and overcrowded, but prisoners had access to
potable water.
There were three prisons, which held female and male prisoners
separately. There were also 19 smaller jails, or temporary detention
centers, in police stations throughout the country.
There was one juvenile detention facility, Opa Doeli, with separate
quarters for boys and girls under the age of 18. This facility, located
in Paramaribo, was considered adequate, provided educational and
recreational facilities, and was occupied at less than its maximum
capacity. After conviction, minor girls are kept there, while convicted
minor boys are transferred to a reformatory wing of Santo Boma state
prison.
Growing numbers of convicted prisoners were held in pretrial
detention cells due to prison overcrowding. Due to staff shortages,
police officers rarely permitted detainees to leave their cells.
Detainees and human rights groups also alleged that meals were
inadequate.
Conditions in the women's jail and in the women's section of other
prison facilities were generally better than those in the men's
facilities.
Prisoners continued to have reasonable access to visitors and were
permitted religious observance of their choice. Government officials
continued regular monitoring of prison and detention center conditions.
Authorities permitted prisoners and detainees to submit complaints to
judicial authorities without censorship. During the year prisoners
filed a complaint with the Inter-American Court of Human Rights after
the government denied some requests for higher appeal and for early
release.
Local nongovernmental organizations (NGOs) continued to express
concern over declining conditions in the Santo Boma prison, where
prisoners complained of inadequate food provisions, mistreatment by
prison guards, limited ventilation, and a lack of rehabilitation
programs.
The government permitted monitoring visits by independent human
rights observers, and such visits occurred during the year. No
ombudsman served on behalf of prisoners and detainees; prisoners notify
their defense lawyers and government officials of any problems.
The Welzijns Institute Nickerie, an NGO operating in the western
district of Nickerie, continued to visit and provide counseling for
detainees in the youth detention center in that district. The institute
continued a program to train prison officers to counsel detainees.
The government built a pretrial detention center to improve
conditions and reduce overcrowding, and it accepted pretrial detainees
who were previously imprisoned in smaller jails around the country.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions. However, due to a shortage of judges, prisoners who
appealed their cases often served their full sentences before the
lengthy appeals process could be completed.
Role of the Police and Security Apparatus.--The armed forces are
responsible for national security and border control, with the military
police having direct responsibility for immigration control at the
country's ports of entry. All elements of the military are under the
control of the Ministry of Defense. Civilian police bear primary
responsibility for the maintenance of law and order and report to the
Ministry of Justice and Police. Police effectiveness was hampered by a
lack of equipment and training, low salaries, and poor coordination
with military forces.
The Personnel Investigation Department (OPZ), an office within the
Police Department, investigates complaints against members of the
police force. In 2010 (latest data available) the OPZ received 140
complaints against members of the police force during the year and
launched 20 investigations into cases involving mistreatment of
detainees and civilians. That year authorities relieved 16 police
officers of duty; four remained in custody with their cases under
investigation.
Arrest Procedures and Treatment While in Detention.--Individuals
were apprehended openly with warrants based on sufficient evidence and
brought before an independent judiciary. The law provides detainees
with the right to a prompt judicial determination of the legality of
the detention, and authorities respected this right in practice.
Detainees were promptly informed of the charges against them. Police
may detain a person suspected of committing a crime for up to 14 days
if the sentence for that crime is longer than four years, and an
assistant district attorney or a police inspector may authorize
incommunicado detention. The police must bring the accused before a
prosecutor to be charged formally within that period; but if additional
time is needed to investigate the charge, a prosecutor and, later, a
judge of instruction may extend the detention period an additional 150
days. There is no bail system. Detainees were allowed prompt access to
counsel of their choosing, but the prosecutor may prohibit access if
the prosecutor thinks that this could harm the investigation. Detainees
were allowed weekly visits from family members. The average length of
pretrial detention was 30 to 45 days for lesser crimes.
Detainees were held in detention cells at 19 police stations
throughout the country that were at or near capacity. In accordance
with the law, the courts freed most detainees who were not tried within
the 164-day period. According to human rights monitors, factors such as
a shortage of judges, large caseloads, and large numbers of detainees
caused trial delays.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the government generally respected judicial
independence.
The judiciary lacked professional court managers and case
management systems to oversee the courts' administrative functions and
also lacked adequate physical space--factors that contributed to a
significant case backlog. The courts required a minimum of six months
to process criminal cases.
Trial Procedures.--The law provides for the right to a fair, public
trial in which defendants have the right to counsel, and the judiciary
generally enforced this right. All trials are public except for
indecency offenses. There is no jury system. Defendants enjoy a
presumption of innocence and have the right to appeal. Defendants have
the right to be present and to consult an attorney in a timely manner.
Defendants and their attorneys have access to government-held evidence.
Defendants' attorneys can question witnesses and present witnesses and
evidence on the defendant's behalf. The courts assign private sector
lawyers to defend indigent detainees. There were court-assigned
attorneys for both the civil and penal systems. The law extends the
above rights to all citizens. Names of the accused are routinely
protected by law and not released to the public or the media prior to
conviction.
Military personnel generally are not subject to civilian criminal
law, and there are parallel military and civilian court systems.
Military police investigate crimes committed by members of the armed
forces. An officer on the public prosecutor's staff directs military
prosecutions before two military judges and one civilian judge. Due to
a shortage of judges, military and civilian judges are selected from
the same pool by the Court of Justice, which makes assignments to
specific cases. A mechanism exists to prevent conflicts of interest.
The military courts follow the same rules of procedure as the civil
courts. There is no appeal from the military to the civil system.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--The government has not
fully complied with a number of decisions by the Inter-American Court
of Human Rights. No further progress was made on implementing that
court's 2007 ruling that the government must recognize the collective
land rights of 12 Saramaccan clans, draft legislation that complies
with international treaties, establish a development fund of
SRD1,680,000 ($600,000), and provide them with their own land. By the
end of 2010, the government had paid approximately SRD560,000
($200,000) toward this amount and had not completed the demarcation
process.
Civil Judicial Procedures and Remedies.--There are separate
procedures for civil processes, and there is a court to consider
lawsuits seeking damages for, or cessation of, a human rights
violation. Despite the installation of new judges, the backlog of cases
continued. Most civil cases were resolved approximately three to four
years after being first heard by the courts.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice. The law requires
search warrants, which are issued by quasi-judicial officers who
supervise criminal investigations.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and 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.
Freedom of Speech.--Although the government announced in 2009 that
it would compensate two broadcasting companies for the army's
destruction of their radio stations in 1982 under the military
dictatorship, the new government did not take any action in this
regard.
Censorship or Content Restrictions.--Some media members continued
to practice self-censorship in response to pressure applied and
intimidation by senior government officials or community leaders on
journalists who published negative stories about the administration. In
addition many news outlets were affiliated with particular political
parties, which discouraged journalists from reporting on some subjects.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedoms of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
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 provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. No occasion arose during the year for government cooperation
with the Office of the U.N. High Commissioner for Refugees or other
humanitarian organizations in providing protection and assistance to
any persons of concern.
Protection of Refugees.--Access to Asylum.--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.
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.--Recent Elections.--The
constitution provides for direct election by secret ballot of the 51-
member National Assembly no later than five years after the prior
election date. The National Assembly in turn elects the president by a
two-thirds majority vote. If the legislature is unable to do so, the
constitution provides that the United People's Assembly, composed of
members of parliament and elected regional and local officials, shall
elect the president. After generally free and fair legislative
elections in May 2010, the National Assembly elected Desire Bouterse as
president in July of that year.
Participation by Women and Minorities.--While women made limited
gains in attaining political power, men continued to dominate political
life. There were six women among the 51 members of the National
Assembly and two women among the 17 ministers in the cabinet. There
were five women among the 20 sitting judges. The head clerk of the
Court of Justice, that body's highest administrative position, was a
woman, as was the speaker of the National Assembly.
Several factors traditionally limited the participation of Maroons
(descendants of escaped slaves who fled to the interior of the country
to avoid recapture) and indigenous Amerindians in the political
process, including a population concentrated in remote areas in the
interior and removed from the country's centers of political activity.
There were 10 Maroons and two Amerindians represented in the National
Assembly, and all were part of the governing coalition.
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. Long
delays often occurred before corruption cases came to trial.
The World Bank's worldwide governance statistics continued to
indicate corruption was a serious problem. The media frequently
reported alleged corrupt practices with regard to land rights and land
titles, misuse of government funds, and other practices.
Public officials were not subject to financial disclosure laws.
Various sections of the Ministry of Justice and Police, including the
Fraud Police and the Attorney General's Office, were responsible for
combating government corruption.
Although the law provides for public access to government
information, such access was limited in practice for citizens and
noncitizens, including foreign media. During the year the government
established a centralized office for media and information requests
under the Office of the President. Gaps in official government
statistics and bureaucratic hurdles made obtaining information
difficult.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of independent domestic human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. NGOs reported generally positive
relationships with government officials, although occasionally
officials were not responsive to their views. No international human
rights groups operated in the country during the year.
U.N. and Other International Bodies.--In September the government
responded to recommendations from the U.N. Human Rights Council's
Universal Periodic Review, including one for increased protections for
lesbian, gay, bisexual, and transgender (LGBT) persons. The government
response emphasized its constitutional protection for all citizens
while requesting additional time to consider this problem.
Government Human Rights Bodies.--A legislative commission on human
rights continued operating throughout the year, but resource
constraints hampered its effectiveness. The National Assembly also has
a commission dealing with women's and children's rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race and ethnicity but
does not address discrimination based on disability, language, or
social status. In practice various sectors of the population--such as
women, Maroons, Amerindians, persons with HIV/AIDS, and LGBT persons--
suffered forms of discrimination.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and prescribes penalties for rape or forcible
sexual assault of between 12 and 15 years' imprisonment. The government
enforced the law effectively. In 2010 (latest data available) the
Ministry of Justice and Police received 189 reports of attempted rape
and investigated 106 cases of rape.
Violence against women remained a serious and pervasive problem. In
2010 (latest data available) the Ministry of Justice and Police
registered 1,213 cases of domestic violence during the year, a drop
from 1,769 in 2009. The law imposes sentences of four to eight years'
imprisonment for domestic violence crimes. The Ministry of Justice and
Police's Victim Assistance Bureau provided resources for victims of
domestic violence and continued to provide information on domestic
violence through public television programs. There were four victims'
rooms in police stations in Paramaribo and Nickerie, and police units
were trained to deal with victims and perpetrators of sexual crimes and
domestic violence. There was only one shelter for victims of domestic
violence, operated by an NGO, and it provided care for 18 women and
their children during the year. Length of stay depended upon the
circumstances but averaged three months.
Sexual Harassment.--There was no specific legislation on sexual
harassment; however, prosecutors cited various penal code articles in
filing sexual harassment cases. There were no reported court cases
involving sexual harassment in the workplace during the year.
Reproductive Rights.--Couples and individuals had 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. Access to information on
contraception was widely available and, according to 2009 U.N.
estimates, contraceptive use among married women was 45 percent. The
U.N. Population Fund estimated the maternal mortality ratio in 2008 at
100 deaths per 100,000 live births and reported that skilled health
personnel attended 90 percent of births in 2009. Women and men were
given equal access to diagnostic services and treatment for sexually
transmitted infections.
Discrimination.--Although the law does not specifically prohibit
gender discrimination, it provides for protection of women's rights to
equal access to education, employment, and property. Nevertheless,
societal pressures and customs, especially in rural areas, inhibited
their full exercise of these rights, particularly with respect to
marriage and inheritance. Where local customs remain a strong influence
on the family unit, girls traditionally marry at or near the legal age
of consent, and inheritance rights pass to their husbands.
Men and women generally enjoyed the same legal rights under
property law and under the judicial system. In practice, however, where
local customs were observed, these rights were somewhat infringed. The
Bureau for Women and Children under the Ministry of Justice and Police
worked to ensure the legal rights of women and children. Women
experienced discrimination in access to employment and in rates of pay
for the same or substantially similar work. The government did not
undertake specific efforts to combat economic discrimination.
The National Women's Movement, the most active women's rights NGO,
continued assisting women in launching small home-based businesses,
such as sewing and vegetable growing, and provided general legal help.
The Women's Business Group advocated for business opportunities for
women, while the Women's Parliament Forum advocated for opportunities
in the public sector. Another NGO, Stop Violence against Women,
provided assistance to victims of domestic violence, including legal
help with dissolving an abusive marriage.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory and from one's parents.
Child Abuse.--Physical and sexual abuse of children continued to be
problems. In 2010 police received reports of 269 cases of sexual abuse
of children, compared with 265 reported in 2009. The police Youth
Affairs Office conducted three visits per week to different schools in
the capital and the surrounding areas on a rotating schedule to provide
outreach, raise awareness about child abuse, and solicit and
investigate complaints. The Youth Affairs Office continued to raise
awareness about sexual abuse, drugs, and alcohol through a weekly
television program. The U.N. Children's Fund continued cooperating with
the government in providing training to officials from various
ministries dealing with children and children's rights. The government
operated a ``1-2-3'' telephone hotline for children and provided
confidential advice and aid to children in need.
Authorities applied various laws to prosecute perpetrators of
sexual abuse, and several cases of sexual abuse of minors came to
trial. Sentences averaged two to three years in prison. In the capital
there were several orphanages that could accept sexually abused
children and one privately funded shelter.
The marriage law sets the age of marital consent at 15 years for
girls and 17 years for boys, provided parents of the parties agree to
the marriage. Parental permission to marry is required until the age of
21. The law also mandates the presence of a civil registry official to
register all marriages.
Sexual Exploitation of Children.--Trafficking and commercial sexual
exploitation of minors remained problems. Although the legal age of
sexual consent is 14, it remained difficult to enforce in practice. The
criminal law penalizes child prostitution and provides sanctions of up
to six years' imprisonment and a fine of SRD100,000 ($30,800) for
pimping. The law also prohibits child pornography, which has a maximum
penalty of six years' imprisonment and maximum fine of SRD50,000
($15,380).
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of Child Abduction.
Anti-Semitism.--There was a declared Jewish community of
approximately 150 persons. There were no reports of anti-Semitic acts
or discrimination.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--There are no laws prohibiting
discrimination against persons with physical or mental disabilities in
employment, education, access to health care, or the provision of state
services. In practice persons with disabilities suffered from
discrimination when applying for jobs and services. Some training
programs were provided for persons with visual or other disabilities.
There are no laws or programs to ensure that persons with disabilities
have access to buildings. A judge may rule that a person with a
cognitive disability be denied the right to vote, take part in business
transactions, or sign legal agreements. Persons with disabilities had
equal access to information and communications. There were no reports
of abuse in educational facilities for persons with disabilities. A
Ministry of Social Affairs working group remained responsible for
protecting the rights of persons with disabilities, but it made limited
progress during the year.
National/Racial/Ethnic Minorities.The law prohibits discrimination
on the basis of race or ethnicity, and no such discrimination
complaints were filed during the year. However, Maroons, who represent
an estimated 15 percent of the population, generally continued to be
disadvantaged in the areas of education, employment, and government
services. Most Maroons lived in the interior, where limited
infrastructure reduced their access to educational and professional
opportunities and health and social services. Some forms of
discrimination that affected indigenous Amerindians also extended to
Maroons.
Indigenous People.--The law affords no special protection for, or
recognition of, indigenous people. Most Amerindians (approximately 2
percent of the population) live in the remote and undeveloped interior
of the country, where government services are largely unavailable.
Geographic isolation limited opportunity to participate in national and
regional policymaking, including decisions affecting interior lands,
cultures, traditions, and natural resources.
Because Amerindian and Maroon lands were not effectively demarcated
or policed, populations continued to face problems with illegal and
uncontrolled logging and mining. There are no laws granting indigenous
people rights to share in the revenues from the exploitation of
resources on their traditional lands. Organizations representing Maroon
and Amerindian communities complained that small-scale mining
operations, mainly by illegal gold miners, some of whom were themselves
indigenous or supported by indigenous groups, dug trenches that cut
residents off from their agricultural land and threatened to drive them
away from their traditional settlements. Mercury runoff from these
operations also contaminated and threatened traditional food source
areas.
Many Maroon and Amerindian groups also complained about the
government granting land within their traditional territories to third
parties, who sometimes prevented the villages from engaging in their
traditional activities on those lands. Indigenous groups, with the
assistance of the Amazon Conservation Team, mapped their lands and
presented proposed demarcation charts to the government in 2000 and to
the Ministry of Physical Planning, Land, and Forestry Management in
both 2006 and 2009. Maroon and Amerindian groups continued to cooperate
with each other to exercise their rights more effectively. The Moiwana
Human Rights Association, the Association of Indigenous Village Leaders
(an umbrella group that represents the many smaller associations of
indigenous persons), and other NGOs continued to promote the rights of
indigenous people.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although the law prohibits
discrimination based on sexual orientation, there were reports of
employment discrimination against LGBT persons. There were no reports
of official discrimination based on sexual orientation in housing,
access to education, or health care.
Other Societal Violence or Discrimination.--Mob violence in gold
mining areas, primarily directed towards Brazilian and Chinese
migrants, continued to be a problem. After private security guards shot
and killed a person and wounded four others on October 23 in
Maripaston, there was widespread looting of local shops (owned by
Chinese immigrants), some of which were set on fire, and the
destruction of a large amount of valuable heavy equipment. Authorities
ordered additional police and military personnel to the area to restore
order, and by October 27, the violence appeared to have subsided.
Persons with HIV/AIDS continued to experience societal
discrimination in employment and medical services. The police and
military began mandatory HIV testing for new recruits during the year.
Medical treatment is free for HIV/AIDS patients who are covered under
government insurance, but private insurers do not cover such treatment.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions of their choice without
previous authorization or excessive requirements. The law provides for
the right to strike, and prohibits antiunion discrimination. Workers
fired for union activity are reinstated after negotiation. The law
protects collective bargaining and prohibits employer interference in
union activities. Labor law covers all types of workers, as long as
they are legally in the country.
The government generally enforced the right to collective
bargaining. Workers formed and joined unions freely and exercised their
right to strike. Worker organizations were independent of the
government and political parties.
There was occasional government interference in labor relations,
especially in parastatal companies, but no use of excessive force by
the police. However, the principle of ``no-work-no-pay'' has been used
to force strikers to cancel their strike. Strikers who face this
punishment may request the Department of Labor Inspection to
investigate their case.
There were isolated cases where employers refused to bargain or
recognize collective bargaining rights, but the unions usually
pressured the employers to renegotiate. In one case pending at year's
end, a parastatal company, the Energy Company, fired a group of
employees who were conducting an ``unauthorized'' strike.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. The government failed to
effectively enforce the law in all cases, and there were reports that
such practices occurred.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for most types of employment at 14 and
restricts working hours for minors to day shifts but does not limit the
number of hours minors can work. Children younger than 14 are allowed
to work only in a family-owned business, small-scale agriculture, and
special vocational work. The law does not define the worst forms of
child labor. Children younger than 18 are prohibited from doing
hazardous work, which is defined as work dangerous to their life,
health, and decency. Children under the age of 15 are not permitted to
work on boats. Employing a child under 14 is punishable by fines and up
to 12 months' imprisonment. Parents who permit their children to work
in violation of labor laws may be prosecuted. Employers are required to
maintain a Register of Young Persons that includes each employee's
information.
The Ministry of Labor and the police enforced the law sporadically.
The ministry's Department of Labor Inspection was responsible for
enforcing child labor laws, but enforcement and resources remained
inadequate. The government investigated some exploitive child labor
cases in the informal sectors in the cities and in the interior. The
government's commission on eliminating child labor, comprised of 11
organizations (10 government institutions and one NGO), formulated
terms of reference to research specific issues related to eliminating
child labor and propose legislation for parliamentary review.
Child labor remained a problem in the informal sector, especially
in the western districts of Nickerie, Saramacca, and Marowijne.
Historically these cases involved agriculture, logging, fisheries, and
the construction sector, although there were no specific documented
cases during the year. Isolated cases of child labor also occurred in
the informal gold mining sector in the interior, in prostitution, and
in the urban informal sector.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There is no legislation
providing for a minimum wage. The lowest wage for civil servants was
approximately SRD600 ($185) per month, including a cost of living
allowance. Government employees constituted approximately 50 percent of
the estimated 100,000-member formal sector workforce and frequently
supplemented their salaries with second or third jobs, often in the
informal sector.
Work in excess of 45 hours per week on a regular basis requires
special government permission, which was granted routinely. Such
overtime work earned premium pay. The law prohibits excessive overtime,
requires a 24-hour rest period per week, and stipulates paid annual
holidays. The government sets occupational health and safety standards.
There is no law authorizing workers to refuse to work in circumstances
they deem unsafe; they must appeal to the Department of Labor
inspectorate to declare the workplace situation unsafe.
A 10-to-12-member inspectorate in the Occupational Health and
Safety Division of the Ministry of Labor is responsible for enforcing
occupational safety and health regulations, but it did not make regular
inspections. The ministry's Department of Labor Inspection, with 63
inspectors, has responsibility to implement and enforce labor laws, but
enforcement was inadequate. Inspectors visited private sector companies
throughout the country, but no data were available regarding the number
of inspections performed during the year.
__________
TRINIDAD AND TOBAGO
executive summary
The Republic of Trinidad and Tobago is a parliamentary democracy
governed by a prime minister and a bicameral legislature. The island of
Tobago has a House of Assembly that has some administrative autonomy
over local matters. In the May 2010 elections, which observers
considered generally free and fair, the People's Partnership coalition
led by Kamla Persad-Bissessar of the United National Congress (UNC)
defeated Prime Minister Patrick Manning's People's National Movement
(PNM) government and secured a 29-to-12-seat majority in the
Parliament. Security forces reported to civilian authorities.
On August 21, the president declared a state of emergency in the
wake of a sudden spike in killings. Parliament approved a three-month
extension on September 4. During the state of emergency, the government
had broad powers to use military units in law enforcement, enter homes
without a warrant, ban public demonstrations and strikes, and detain
persons without charge. Authorities arrested and detained more than
7,000 persons during the state of emergency, some without charges, and
eventually released hundreds of persons for lack of evidence. The state
of emergency expired on December 4.
The most serious human rights problems were police killings during
apprehension or custody, as well as poor treatment of suspects,
detainees, and prisoners.
Other human rights problems involved inmate illness and injuries
due to poor prison conditions, high-profile cases of alleged bribery,
violence against women, inadequate services for vulnerable children,
and unsafe working conditions.
The government took some steps to punish security force members and
other officials charged with killings or other abuse, but there
continued to be a perception of impunity based on the open-ended nature
of many investigations and the slow pace of criminal judicial
proceedings in general.
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. According
to official figures, police shot and killed 39 persons during the year.
Authorities investigated or opened inquests into several of the
killings and charged police officers with murder in one case.
On July 22, police officers shot and killed Kerron Fernando Eccles,
Abigail Johnson, and Alana Duncan in Barrackpore. Officers said the
three had fired at them, but other witnesses disputed the account. On
October 28, authorities arrested six police officers in connection with
the case. Hearings continued at year's end.
The government gradually disbanded its Special Anti-Crime Unit
after allegations of improper intelligence activities were raised. The
anti-gang task force known as the Repeat Offenders Program was
disbanded in September 2010 after allegations of kidnapping and murder,
although charges were never brought against any of the officers.
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 the law prohibit such
practices, there were credible reports that police officers and prison
guards mistreated individuals under arrest or in detention.
On October 28, authorities charged six police officers with beating
and using Tasers on three suspects in March.
On October 27, a court awarded Kernell Sealy, a convicted rapist,
TT$120,000 ($19,200) in damages after prison officials beat him in July
2010.
Prison and Detention Center Conditions.--Conditions in some of the
prison system's eight facilities continued to be harsh. The designed
capacity of the prisons was 4,886 inmates. The average daily inmate
population was reported to be 4,025. Of those, 1,927 were convicted
inmates, and 2,098 were in pretrial or other status. Due to the
thousands of arrests made during the three-month state of emergency, a
new facility was opened and became part of the regular penitentiary
system, expanding overall prison capacity by 500 during the year. Some
prisons suffered from extreme overcrowding, while others had not
reached full capacity prior to the state of emergency. The Port of
Spain Prison, designed to hold 250 inmates, has historically held twice
that number and was often described as having particularly poor
conditions, including 10 prisoners kept in 10- by 10-foot cells and
insufficient medical care. Prison officials reported that the new
prison facility allowed them to begin reducing the population in Port
of Spain Prison.
The government improved living conditions at the Immigration
Detention Center, where detainees initially were permitted to be
outside only five hours per week and conditions were worse than at the
maximum-security prison. The majority of detainees were illegal
immigrants who could not afford the cost of travel to their home
country. The center has an intended capacity of 150 and generally held
half that number. Men and women had separate facilities.
Pretrial detainees were held separately from convicted prisoners,
but the remand facility became severely overtaxed during the state of
emergency, and authorities eventually opened another temporary
facility.
Although conditions at the women's prison were better than those in
the Port of Spain men's prison, it occasionally became overcrowded,
since it held both women on remand and those serving prison sentences.
The daily average female prison population was 111.
Since there is no female youth facility, some underage female
prisoners were placed in the custody of a Catholic facility, and others
were placed in a segregated wing of the Golden Grove women's prison.
An average of 210 male juveniles were held each day separately from
adults at the Youth Training Center, and fewer than 20 female juveniles
were in custody at Golden Grove.
There were 2,200 prison officers. Authorities charged a number of
prison officers for offenses including larceny, drug trafficking,
possession of marijuana, and smuggling of contraband to prisoners.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance.
Prison authorities permit prisoners and detainees to submit
complaints to judicial authorities without censorship and request
investigations of credible allegations of inhumane conditions.
Authorities investigated and monitored prison and detention center
conditions but did not document the results in a publicly accessible
manner. Prisoners can also contact the Office of the Ombudsman, which
has the authority to investigate complaints related to the functions
and duties of most government departments. However, in no instances did
the ombudsman advocate on behalf of prisoners or detainees.
The government permitted prison visits by independent human rights
observers upon approval of the Ministry of National Security, and
representatives of Amnesty International visited the Port of Spain
Prison and the Women's Prison in December.
d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention. During the three-month state
of emergency, the government utilized broad powers of search and
seizure granted by decree.
On May 23, parliament passed an Anti-Gang Act that came into effect
on August 15. The act bans membership in criminal gangs and gang-
related activities as defined within the statute, and prescribes that
suspects detained under the law may be held without bail for up to 120
days pending the filing of specific charges. Authorities detained
approximately 450 suspects during the state of emergency pursuant to
this act. The government eventually released nearly all of them when
prosecutors determined that evidence of gang activity pursuant to the
new law was lacking in most cases.
Authorities reported having arrested more than 7,000 persons during
the state of emergency, many of whom were detained on charges ranging
from unpaid traffic tickets to murder. The government established a
temporary detention center that eventually became integrated into the
regular penitentiary system. Many of those arrested during the state of
emergency were processed through the normal criminal justice system,
and significant numbers were simply released.
There were reports of abuses by police and military authorities.
Military authorities investigated allegations made against several
officers for using excessive force during the state of emergency, and
proceedings continued at year's end.
During the year the courts made several awards in cases from prior
years brought on grounds of wrongful arrest and imprisonment.
Role of the Police and Security Apparatus.--The Ministry of
National Security oversees the police service, immigration division,
prison service, and defense force. The police service maintains
internal security, while the defense force is responsible for external
security but also has certain domestic security responsibilities.
During the state of emergency, the defense force aided in law
enforcement, including house searches and enforcing the curfew. An
independent body, the Police Service Commission, in consultation with
the prime minister, appoints a commissioner of police to oversee the
police force. That commission also makes hiring and firing decisions in
the police service, and the ministry has little direct influence over
changes in senior positions. Municipal police under the jurisdiction of
14 regional administrative bodies supplement the national police force.
Public confidence in the police was very low because of high crime and
perceived corruption.
The Police Complaints Authority (PCA) investigates complaints about
the conduct of police officers. It received 262 complaints during the
year and referred 162 of them to the chief of police. Based on the
PCA's investigations, the Police Service Commission then has the power
to suspend or dismiss police officers, while the Department of Public
Prosecution has the power to charge officers. During the year several
investigators were added to the PCA staff, which had a backlog of more
than 11,000 complaints spanning the 2007-11 period. On October 1, the
police also established a Professional Standards Unit to train officers
and investigate complaints.
Arrest Procedures and Treatment While in Detention.--A police
officer may arrest a person based on a warrant issued or authorized by
a magistrate, or without a warrant if the officer witnesses the
commission of an alleged offense. Detainees, as well as those summoned
to appear before a magistrate, must appear in court within 48 hours. In
the case of more serious offenses, the magistrate either commits the
accused to prison on remand or allows the accused to post bail, pending
a preliminary inquiry. Detainees were granted immediate access to a
lawyer and to family members.
Ordinarily, bail was available for most minor charges. Persons
charged with murder, treason, piracy, kidnapping for ransom, and
hijacking, as well as persons convicted twice of violent crimes, are
ineligible for bail for a period of 60 days following the charge.
However, a judge may still grant bail to such persons under exceptional
circumstances. Where bail was refused, magistrates advised the accused
of their right to an attorney and, with few exceptions, allowed them
access to an attorney once they were in custody and prior to
interrogation.
The minister of national security may authorize preventive
detention in order to preclude actions prejudicial to public safety,
public order, or national defense, in which case the minister must
state the grounds for the detention. In November the minister utilized
the preventive detention rules during the state of emergency to detain
16 men described as being involved in plots to destabilize the
government and assassinate government leaders. The men were freed days
later, and no charges were brought.
Lengthy pretrial detention resulting from heavy court backlogs and
inefficiencies in the judicial system continued to be a problem. Many
persons under indictment waited months, if not years, for their trial
dates in the High Court. An added inefficiency resulted from the legal
requirement that anyone charged and detained must appear in person for
a hearing before magistrate's court every 10 days, if only to have the
case postponed for an additional 10 days pending conclusion of the
investigation. Officials cited an increase in the number of arrests and
an antiquated note-taking system in most magistrate's courts as
explanations for the backlog.
e. Denial of Fair Public Trial.--The constitution and the law
provide for an independent judiciary, and the government generally
respected this provision in practice, including during the state of
emergency. Although the judicial process was generally fair, it was
slow due to backlogs and inefficiencies. However, prosecutors as well
as judges stated that witness intimidation increased during the year.
Trial Procedures.--Magistrates try both minor and more serious
offenses, but in the case of more serious offenses, the magistrate must
conduct a preliminary inquiry. Trials are public, and juries are used
in the High Court. Defendants have the right to be present, are
presumed innocent until proven guilty, and have the right to appeal.
All defendants have the right to consult with an attorney in a timely
manner. An attorney is provided at public expense to defendants facing
serious criminal charges, and the law requires provision of an attorney
to any person accused of murder. Although the courts may appoint
attorneys for indigent persons charged with serious crimes, an indigent
person may refuse to accept an assigned attorney for cause and may
obtain a replacement. Defendants can confront or question witnesses
against them, can present witnesses and evidence on their own behalf,
and have access to government-held evidence relevant to their cases.
Both civil and criminal appeals may be filed with the Court of
Appeal and, ultimately, with the Privy Council in the United Kingdom.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--In 1999 the government
withdrew from the American Convention on Human Rights. The convention
states that such an action does not release a government from its
obligations under the convention with respect to acts taken prior to
the effective date of denunciation. From 1999 to 2009 the Inter-
American Court of Human Rights issued rulings on cases predating the
government's withdrawal. The government never provided any official or
public reaction to these rulings.
Civil Judicial Procedures and Remedies.--The constitution and the
law provide for an independent and impartial judiciary in civil
matters, and citizens are free to file lawsuits against civil breaches,
in both the High Court and petty civil court. The High Court may review
the decisions of lower courts, order parties to cease and desist from
particular actions, compel parties to take specific actions, or award
damages to aggrieved parties. However, the petty civil court is
authorized to hear only cases involving damages of up to TT$15,000
($2,400).
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and the law prohibit such actions
except during a state of emergency, when authorities had the power to
search vehicles, homes, and businesses without a warrant. During the
state of emergency, the government conducted searches without warrants
but generally limited such searches to high-crime areas in an effort to
confiscate illegal firearms and narcotics.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and the law provide for freedom of speech and
press, and the government generally respected these rights in practice.
An independent press, an effective judiciary, and a functioning
democratic political system combined to ensure freedom of speech and of
the press.
Censorship or Content Restrictions.--The law prohibits acts that
would offend or insult another person or group on the basis of race,
origin, or religion or that would incite racial or religious hatred.
This law was not invoked during the year.
On October 25, a television program broadcast a video allegedly
showing the rape of a 13-year-old girl. The host of the program
apologized but was accused of violating the Telecommunications Act and
the Sexual Offences Act. On December 29, police searched the offices of
the television station that broadcast the show and questioned several
employees. The investigation continued at the end of the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and the law provide for freedom of assembly and association. However,
during the state of emergency, authorities prohibited most public
assemblies, including organized labor marches, political rallies, and
religious events. Some events, such as a charity walk, were permitted,
but permission was difficult to arrange on a timely basis.
c. Freedom of Religion.--See the Department of State's
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 various laws
provide for freedom of movement within the country, foreign travel,
emigration, and repatriation. However, during the state of emergency,
the government initially imposed a 9 p.m. to 5 a.m. curfew in six areas
of the country including the capital. Authorities later reduced the
curfew to 11 p.m. to 4 a.m.
The government cooperated with the Office of the U.N. 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.
Protection of Refugees.--Access to Asylum.--The government has not
passed legislation to implement its obligations under the relevant U.N.
conventions. The government placed asylum seekers in the care of the
Living Water Community (LWC), a local Catholic social services agency,
while their cases were reviewed by the UNHCR and final resolution
reached. Pending Parliament's approval of implementing legislation, the
Ministry of National Security's Immigration Division handled all
requests for asylum on a case-by-case basis. However, it took as long
as four years for the government to provide identification cards or
work permits to persons granted refugee status, due to a lengthy
bureaucratic process. At year's end 23 persons recognized as refugees
were in the care of the LWC.
Temporary Protection.--The government did not provide temporary
protection to persons who may not qualify as refugees. The LWC provided
social services to 12 persons whose asylum applications were pending,
six of whom were new filers. The LWC reported that many persons who
filed petitions eventually abandoned their applications and left the
country, or simply walked away from the LWC, because of the lack of
guaranteed protection.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and the law provide citizens the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--Recent Elections.--The
Caribbean Community observers found the May 2010 national elections to
be generally free and fair. However, during the campaign, there were
isolated incidents of vandalism and violence, and the then prime
minister required all television stations to broadcast an interview
without paying. Citizens voted the incumbent party out of office and
elected the People's Partnership coalition, which secured 29 of the 41
parliamentary seats. The PNM won 12 seats.
Participation by Women and Minorities.--Voters elected 12 women to
the House of Representatives, and there were seven women in the
appointed 31-member Senate. There were four women in the 28-member
cabinet, including the prime minister. There were 11 female judges
among the 38 judges on the High Court and the Court of Appeals.
All major political parties reached out to voters from relatively
small ethnic minorities, such as the Chinese, Syrian, Lebanese, and
European-origin communities, and members of these groups held important
positions in government. There was one member of these minorities, of
Arab ancestry, in the legislature.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. However,
the World Bank's worldwide governance indicators reflected that
government corruption was a problem.
The Integrity in Public Life Act mandates that public officials
disclose their assets, income, and liabilities to an Integrity
Commission. Officials and candidates for public office were reluctant
to comply with asset disclosure rules, primarily because of the
perceived invasiveness of the process. The act articulates a process
when public officials fail to disclose assets, and by year's end the
commission had publicly listed in the newspaper 145 officials who had
failed to comply.
Police corruption continued to be a problem, with some officials
acknowledging there were officers who participated in corrupt and
illegal activities. There were allegations that some officers had close
relationships with gang leaders. Prison guards were required to pass
through screening devices to prevent the smuggling of contraband.
In October the government announced it would initiate civil actions
against the former executive director of the Urban Development
Corporation of Trinidad and Tobago, Calder Hart, seeking millions in
financial compensation for alleged corruption.
On November 7, a trial judge rejected a warrant to extradite
businessmen Ishwar Galbaransingh and Steve Ferguson on corruption
charges related to the construction of Piarco Airport. On December 19,
the attorney general announced the government would not appeal the
ruling and that the two men faced criminal charges in the country.
In 2008 the Privy Council in the United Kingdom ordered a new trial
for former U.N. party chairman Basdeo Panday stemming from his 2006
conviction for failing to disclose a London bank account. This retrial
was delayed by a series of appeals but reconvened in June. In December
a judge postponed the trial until May 14, 2012, pending resolution of
unspecified court administrative constraints.
The Freedom of Information Act provides for public access to
government documents, upon application. Critics charged, however, that
a growing number of public bodies have been exempted from the act's
coverage, which the government claimed was necessary to reduce the
volume of frivolous requests. Critics also noted the act does not have
any enforcement mechanism if the government does not respond within the
prescribed 30-day time frame.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating human
rights cases and publishing their findings. Government officials
generally were cooperative and responsive to their views.
Government Human Rights Bodies.--The ombudsman investigates
citizens' complaints concerning the administrative decisions of
government agencies. Where there is evidence of a breach of duty,
misconduct, or criminal offense, the ombudsman may refer the matter to
the appropriate authority. The ombudsman has a quasi-autonomous status
within the government and publishes a comprehensive annual report. Both
the public and the government had confidence in the integrity and
reliability of the Office of the Ombudsman and the ombudsman's annual
report.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The government generally respected in practice the constitutional
provisions for fundamental human rights and freedoms for all without
discrimination based on race, origin, color, religion, social status,
or gender.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal and punishable by up to life imprisonment; however, the
courts often handed down considerably shorter sentences. The government
and nongovernmental organizations (NGOs) reported that many incidents
of rape and other sexual crimes were unreported, partly due to
perceived insensitivity on the part of the police. The Crime and
Problem Analysis Branch of the police service reported 512 cases of
rape, incest, and sexual assault during the year.
Many community leaders asserted that abuse of women, particularly
in the form of domestic violence, continued to be a significant
problem. Some NGOs worried the curfew imposed during the state of
emergency may have exacerbated the problem by forcing abusive spouses
to remain home with their families.
The law provides for protection orders separating perpetrators of
domestic violence, including abusive spouses and common-law partners,
from their victims. Abusive spouses can also be fined or imprisoned.
While reliable national statistics were not available, women's groups
estimated that 20 to 25 percent of all women suffered abuse.
The NGO Coalition against Domestic Violence charged that police
often were lax in enforcing domestic violence laws and asserted that
rape and sexual abuse against women and children remained a serious and
pervasive problem.
The Division of Gender Affairs (DGA) in the Ministry of Community
Development, Culture, and Gender Affairs operated a 24-hour hotline for
victims of rape, spousal abuse, and other violence against women,
referring callers to eight shelters for battered women, a rape crisis
center, counseling services, support groups, and other assistance.
Sexual Harassment.--No laws specifically prohibit sexual
harassment. Although related statutes could be used to prosecute
perpetrators of sexual harassment, and some trade unions incorporated
antiharassment provisions in their contracts, both the government and
NGOs continued to suspect that many incidents of sexual harassment went
unreported.
Reproductive Rights.--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 maternal health was widely available
from health-care providers and online sources. According to the U.N.
Population Fund, 98 percent of births were attended by skilled health
personnel and 38 percent of women ages 15-49 used a modern method of
contraception. Women and men were given equal access to diagnostic
services and treatment for sexually transmitted infections.
Discrimination.--Women generally enjoyed the same legal rights as
men, including employment, education, and inheritance rights. No laws
or regulations require equal pay for equal work. While equal pay for
men and women in public service was the rule rather than the exception,
both the government and NGOs noted considerable disparities in pay
between men and women in the private sector, particularly in
agriculture. According to the World Economic Forum's 2010 Global Gender
Gap Report, women earned 33 percent less than men on average.
The DGA had primary government responsibility for protecting
women's rights and advancement and sponsored income-generation
workshops for unemployed single mothers, nontraditional skills training
for women, and seminars for men on redefining masculinity.
Children.--Birth Registration.--Children acquire nationality by
birth; every person born in the country is a citizen at the date of
birth, unless the parents are foreign envoys accredited to the country.
Children born outside the country can become citizens at birth if on
that date one or both of the parents is, or was, a citizen. The law
provides that every child born alive must be registered within 42 days
of birth.
Child Abuse.--The Domestic Violence Act provides protection for
children abused at home. The Ministry of Education's Student Support
Services Division reported that young schoolchildren were vulnerable to
rape, physical abuse, and drug use and that some had access to weapons
or lived with drug-addicted parents. Abused children removed from the
home were first assessed at a reception center for vulnerable children
and then placed with relatives, government institutions, or NGOs.
The Coalition against Domestic Violence operated Childline, a free
and confidential telephone hotline for at-risk or distressed children
and young persons up to age 25. In March Childline partnered with the
Ministry of Education and the Ministry of the People and Social
Development to become the National Child Hotline. The ministries
promoted the hotline in schools, and the hotline increased its hours of
operation from 16 hours a day to 24 hours a day seven days a week.
These two changes resulted in a drastic increase in the number of
calls. During the year Childline received 33,219 calls, 68 percent from
females and 32 percent from males. Of genuine calls, 35 percent
involved abuse; of those 78 percent were related to physical abuse, and
22 percent to sexual abuse. Childline referred 689 calls to the police
or to social service agencies.
The law defines a child as less than 18 years of age, outlaws
corporal punishment for children, and prohibits sentencing a child to
prison. Several children were abused in their own homes or in
institutional settings. In January the Ministry of Education reported
58 teachers were facing disciplinary charges, including some cases of
sexual abuse. The National Parent Teacher Association called for
strengthening the Teaching Service Tribunal to better investigate
claims of abuse.
Child Marriage.--The legal age for marriage is 18 for both men and
women. However, in practice the minimum legal age for marriage is
determined by the distinct laws and attitudes of the various religious
denominations. Under the Muslim Marriage and Divorce Act, the minimum
legal age for marriage is 16 for men and 12 for women; the Hindu
Marriage Act and the Orisa Marriage Act set the minimum legal age for
marriage at 18 for men and 16 for women.
In November the government held a national consultation on the
standardization of the legal age for marriage. Minister of Gender,
Youth, and Child Development Verna St Rose-Greaves said the country's
four marriage acts conflict with international conventions to which the
country is a signatory and called for a review of the laws among all
interest groups to ensure protection of all the country's children.
Sexual Exploitation of Children.--Children between the ages of 16
and 18 were suspected of being engaged in prostitution. The law
provides a penalty of up to 15 years' imprisonment for anyone who
procures a child under 16 for prostitution.
Statutory rape is illegal. The age of sexual consent is 16 years
for males and females; however, this does not apply if the parties are
married. The law required parents and guardians to report to the police
when they have reasonable grounds to suspect a sexual offense was being
committed. In October authorities charged a mother for failing to
report her 15-year-old daughter's sexual activity. Persons found guilty
of statutory rape can be sentenced from 12 years to life in jail. Child
pornography is illegal, and penalties for pornographers include a fine
of TT$2,000 ($320) and four months' imprisonment.
International Child Abductions.--The government is a party to the
1980 Hague Convention on International Child Abduction. For country-
specific information, see http://travel.state.gov/abduction/country/
country--3781.html.
Anti-Semitism.--The Jewish community was very small. There were no
reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.govt/j/tip.
Persons With Disabilities.--There are no statutes either
prohibiting discrimination on the basis of disability or mandating
equal access for persons with disabilities to the political process,
employment, education, transportation, housing, health care, or other
citizen services.
In practice persons with disabilities (an estimated 16 percent of
the population) faced discrimination and denial of opportunities in the
form of architectural barriers, employer reluctance to make necessary
accommodations that would enable otherwise qualified job candidates to
work, an absence of support services to assist children with special
needs to study, lowered expectations of the abilities of persons with
disabilities, condescending attitudes, and disrespect.
Transportation was a particular concern, with only two buses
accessible by persons with disabilities for a special on-call
transportation service. A majority of bus stops were located on high
sidewalks without ramps. Most government buildings and public places
were not accessible. There were no restrictions on access to
information, communications, voting, or participation in civic affairs.
Indigenous People.--A very small group of persons identified
themselves as descendants of the country's original Amerindian
population. The government effectively protected their civil and
political rights, and they were not subject to discrimination.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although the law criminalizes
consensual same-sex sexual activity, providing penalties of up to 25
years' imprisonment, the government generally did not enforce such
legislation, except when paired with more serious offenses such as
rape. Immigration laws also bar the entry of lesbian, gay, bisexual, or
transgender (LGBT) persons into the country, but the legislation was
not enforced.
The Equal Opportunities Act does not specifically include LGBT
persons, and in fact it specifically excludes sexual orientation. Other
laws, including the Domestic Violence Act and the Cohabitational
Relationship Act, also include language that excludes same-sex partners
from the laws' protections. LGBT rights groups reported that there
remained a stigma related to sexual orientation in the country. There
were no gay marches, although LGBT rights groups attended some election
events with signs and clothing indicating their membership. LGBT rights
groups reported individual cases of violence against LGBT persons,
including cases where they were lured to a venue by Internet
advertisements and then beaten. LGBT rights groups also reported a
reluctance to report crimes to the police for fear of harassment by the
police and court officials.
Other Societal Violence or Discrimination.--HIV/AIDS was viewed as
a significant medical concern for the government and society. Incidents
of violence against this group were isolated events, and the Ministry
of Labor partnered with the International Labor Organization to launch
an HIV antidiscrimination program in the workplace.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides that all workers, including those in state-owned
enterprises, may form and join independent unions of their choosing
without prior authorization. Employees in essential services, such as
police and teachers, do not have the right to strike, and walkouts can
bring punishment of up to 18 months in prison. These employees
negotiate with the government's chief personnel officer to resolve
labor disputes. The law stipulates that only strikes over unresolved
interest disputes may take place and that strikes may be prohibited at
the request of one party if not called by a majority union.
The law also provides for mandatory recognition of a trade union
when it represents 51 percent or more of the workers in a specified
bargaining unit. The law allows unions to participate in collective
bargaining and mandates that workers illegally dismissed for union
activities must be reinstated.
The government's Registration and Certification Board determines
whether a given workers' organization meets the definition of a
bargaining unit and can limit union recognition by this means. The law
does not recognize domestic workers (for example, maids, chauffeurs,
and gardeners), and they do not have the right to join a union.
According to the International Trade Union Confederation,
collective bargaining was restricted by the requirement that, to obtain
bargaining rights, a union must have the support of an absolute
majority of workers. Furthermore, collective agreements must be for a
minimum of three years, making it almost impossible for workers on
short-term contracts to be covered by such agreements.
According to the National Trade Union Center, the requirement that
all negotiations must go through the Public Sector Negotiation
Committee, rather than with the individual government agency or
government-owned industry, is another onerous restriction that adds
significant time delays. Some unions claimed that in practice the
government undermined the collective bargaining process by pressuring
the committee to offer raises of no more than 5 percent over three
years. The government denied this assertion.
The government enforced labor laws effectively. Worker
organizations were independent of government and political parties in
practice. A union may bring a request for enforcement to the Industrial
Court, which may order employers found guilty of antiunion activities
to reinstate workers and pay compensation or may impose other
penalties, including imprisonment. In December the cement workers union
successfully challenged an injunction requiring them to return to work.
The government was consistently unwilling to negotiate with public
sector unions. There were also heavy restrictions on strikes in
practice. During the state of emergency, authorities denied unions
permission to demonstrate or march. At other times, however, workers in
nonessential services, such as the oil industry and the ports, both
participated in industrial actions during the year.
b. Prohibition of Forced or Compulsory Labor.--The law does not
specifically prohibit forced or compulsory labor. In April the
government returned three Indian nationals to their country after they
were reportedly trafficked and forced to work under onerous conditions
by a Trinidadian businessman.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment in public and private
industries at 16. However, children ages 14 to 16 may work in
activities in which only family members are employed or that have been
approved as vocational or technical training by the minister of
education. Children under age 18 are prohibited from working between
the hours of 10 p.m. and 5 a.m., except in a family enterprise or
within other limited exceptions. Violation of these regulations is
punishable by fines.
The Ministry of Labor and Small and Micro Enterprise Development
and the Ministry of the People and Social Development are responsible
for enforcing child labor laws. The government trained 19 inspectors to
identify cases of child labor. The minister of labor may designate an
inspector to gather information from parents and employers regarding
the employment of a person under 18. The Industrial Court may issue a
finding of contempt on anyone obstructing the inspectors'
investigation. Although the government was generally effective in
enforcing child labor laws, there were isolated reports of children
working in agriculture or as domestic workers.
The Ministry of the People and Social Development continued to
slowly implement its Revised National Plan of Action for Children. The
government did not have comprehensive mechanisms for receiving,
investigating, and resolving child labor complaints. Consequently, it
was unclear how many complaints related to child labor were received
and if any children who work might have been involved in exploitive
labor situations. However, available information suggested that some
children engaged in the worst forms of child labor in the small-scale
agricultural sector and domestic service.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda/htm.
d. Acceptable Conditions of Work.--The national minimum wage was
TT$9 ($1.43) per hour, although actual wages varied considerably among
industries. The government estimated that 200,000 people lived below
the poverty line.
The law establishes a 40-hour workweek, a daily period for lunch or
rest, and premium pay for overtime. The law does not prohibit excessive
or compulsory overtime. The law provides for paid leave with the amount
of leave varying according to length of service.
The law sets occupational health and safety standards, which are
enforced by the Occupational Safety and Health Agency. However safety
standards were not always observed; during the year two employees of
the Trinidad and Tobago Electricity Commission were killed on the job.
Comprehensive nationwide data on workplace deaths were not available.
The government sets occupational health and safety regulations that
apply to all workers, regardless of citizenship. Foreign laborers
brought into the country were generally protected by local labor laws,
a stipulation usually contained in their labor contract.
The law protects workers who file complaints with the Labor
Ministry regarding illegal or hazardous working conditions. If
complainants refuse to comply with an order that would place them in
danger, and if it is determined upon inspection that hazardous
conditions exist in the workplace, the complainants are absolved from
blame.
__________
URUGUAY
executive summary
The Oriental Republic of Uruguay is a constitutional republic with
an elected president and a bicameral legislature. The country has a
multiparty electoral system with three major parties. In November 2009,
in a free and fair runoff election, Jose Mujica won a five-year
presidential term and his Frente Amplio party a majority in parliament.
Mujica assumed office in March 2010. Security forces reported to
civilian authorities.
Principal human rights abuses included severe overcrowding,
inhumane conditions, and disrepair in the prison system, as well as
violence against women.
Other problems included widespread use of extended pretrial
detention, some trafficking in persons, and societal discrimination
against the Afro-Uruguayan minority.
The government took steps to prosecute officials who committed
abuses, and there were no reports of impunity during the year. On
November 1, President Mujica signed a bill into law that classifies
crimes committed during the military dictatorship as crimes against
humanity, thus eliminating their statute of limitations, which was set
to expire that same day.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
The government continued to investigate the serious human rights
violations committed during the 1973-85 military dictatorship. In
September the Supreme Court of Justice confirmed a 2009 judgement
sentencing former military dictator Gregorio Alvarez to 25 years'
imprisonment for coauthoring aggravated homicides and disappearances.
In June President Mujica issued a proclamation opening the door for
judicial investigation into more than 80 human rights violations
allegedly committed during the 1973-85 military dictatorship. The
decree effectively overturned the Expiry Law that granted amnesty to
military and law enforcement officials following the 1985 return to
democracy.
On August 31, an appeals court confirmed the sentences of General
Miguel Dalmao and Colonel Jose Chialanza, who were convicted in 2010
for the aggravated murder in 1974 of Nibia Sabalsagaray during the
military dictatorship.
In October retired military officers Arturo Aguerre and Antonio
Gomez Grana were charged for their involvement in the torture and
murder of an Argentine in 1973. Trials were pending at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Six Uruguayan marines who were part of the U.N. peacekeeping
mission in Haiti were accused of sexually abusing an 18-year-old
Haitian boy on July 20. The soldiers were repatriated on September 16
and brought to trial by the Uruguayan Military Tribunal. The military
court adopted the preliminary findings of the U.N. investigation,
concluding there were no signs of sexual or physical violence. However,
the judge found that the marines had violated several rules of conduct
and on September 18 convicted the soldiers of offenses such as
``disobedience,'' ``abandonment of post,'' and ``omission of service.''
The marines, who faced sentences ranging from four months to four years
in prison, were also charged by a civilian criminal court, where
prosecution was pending at year's end.
Prison and Detention Center Conditions.--Prison conditions
continued to be poor, posing threats to the health and, sometimes,
lives of prisoners. Overcrowding and understaffing in some facilities
resulted in problems related to sanitation, ventilation, temperature,
lighting, access to potable water, and health. Fire hazards continued
due to handcrafted heaters that often set makeshift partitions on fire.
Additionally, many basic necessities were lacking; prisoners depended
on visitors for enough food to reach the daily minimum caloric intake
and for clothing. Prisoner-on-prisoner violence continued to be a
problem, partially due to the lack of a separate, high-security prison
for violent criminals. There were 11 deaths in prisons during the year.
The government reported a total of 9,324 prisoners (8,597 men and
727 women), of whom 35 percent had been sentenced and 65 percent were
awaiting trial. Pretrial detainees and convicted criminals were held
together, but female and male prisoners were held in separate
facilities. Prison conditions for women and men did not differ
appreciably. At year's end, 62 children lived in prison facilities with
their inmate mothers.
The General Assembly elects a prison system ombudsman, who is
responsible for monitoring and reporting to parliament on prison
conditions in the nation's 29 detention centers. This ombudsman
receives complaints from prisoners and may present reports and
recommendations but may not act on behalf of prisoners and detainees to
consider such matters as alternatives to incarceration for nonviolent
offenders to alleviate overcrowding. The ombudsman presents an annual
report with observations and recommendations.
Visitors had reasonable access to prisoners, and detainees and
prisoners were permitted religious observance. The government allowed
general prison visits by independent human rights observers,
nongovernmental organizations (NGOs), religious congregations, and
foreign diplomats, and such visits occurred unimpeded during the year.
The government investigated and monitored prison and detention
center conditions. Authorities permitted prisoners and detainees to
submit complaints to judicial authorities without censorship and to
request investigation of credible allegations of inhumane conditions.
There was one case of excessive use of force by the police in June.
Authorities investigated the allegations, but results were not
released.
After a four-day visit in July, Rodrigo Escobar Gil, the OAS Inter-
American Human Rights Committee (IACHR) special rapporteur on prison
conditions, issued a report noting that overcrowding (prison population
at 129 per cent of capacity) was ``one of the most serious'' prison
problems. He also observed that infrastructure, sanitation, and hygiene
conditions at the Comcar Prison were ``absolutely inadequate for
housing human beings.'' The report described conditions at Comcar
Prison as inhumane due to extreme overcrowding (3,000 inmates in a
facility built for 1,624). Escobar reported drug trafficking and use in
prisons, particularly among those ages 18 to 25. The report also
criticized the excessive use of ``preventive prison'' measures-the
practice of holding prisoners considered dangerous after the completion
of their sentences.
The special rapporteur's report highlighted government actions to
improve the prison system, such as the creation of facilities for 2,000
more inmates in 2010 and the closure of the steel container cells at
Libertad Prison in May. The report also commended conditions at Punta
de Rieles Prison, which was inaugurated in December 2010.
The prison ombudsman's report also identified some positive trends.
It highlighted an increase in prisoners in open prisons in each
province where the detainees were involved in maintaining small land
holdings, the continuation of a successful clinic in one of the
country's largest prisons, and advances in providing primary education
to inmates. The ombudsman reported that 25 percent of prisoners in the
29 detention centers study or work. In September the government closed
the antiquated Cabildo women's prison. Its 420 inmates were transferred
to the National Rehabilitation Center and segregated according to the
severity of the crime each had committed.
The law sets forth rules to humanize the prison system and address
overcrowding. In 2010 the government enacted a prison emergency law
that allocated extra budget and resources to a restructuring of the
prison system, including building 2,000 more spaces for prisoners by
2015.
The Uruguayan Institute for Adolescents and Children (INAU) is
tasked with protecting abandoned and orphaned children under age 18.
INAU employs a mixed system of open and closed facilities according to
the seriousness of the crime committed. Due to frequent and often
successful escape attempts, INAU increased security measures in its
facilities, leading to more overcrowding. INAU reported that 450
juveniles were incarcerated, although the system has a maximum capacity
of 330 places. Female juvenile criminals were processed and held in
separate detention centers. The prison system ombudsman does not
address the confinement of juvenile offenders.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The National Police
under the Ministry of the Interior maintain internal security. The
armed forces are responsible for external security. Civilian
authorities maintained effective control over the National Police, and
the government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.
Arrest Procedures and Treatment While in Detention.--Persons were
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official and brought before an independent
judiciary. The law provides detainees with the right to a prompt
judicial determination of the legality of detention and requires that
the detaining authority explain the legal grounds for the detention.
Police may hold a detainee incommunicado for 24 hours before presenting
the case to a judge, at which time the detainee has the right to
counsel. The law stipulates that confessions obtained by police prior
to a detainee's appearance before a judge and attorney are not valid. A
judge must investigate any detainee's claim of mistreatment. A lawyer
assigned to each police station reports to the Ministry of the Interior
concerning the treatment of detainees.
For a detainee who cannot afford a lawyer, the court appoints a
public defender at no cost to the detainee. Judges rarely granted bail
for persons accused of crimes punishable by at least two years in
prison. Most persons facing lesser charges were not jailed. Detainees
were allowed prompt access to family members.
Pretrial Detention.--The IACHR special rapporteur's report
expressed concern about the ``widespread use of pretrial detention for
periods that often exceed what is reasonable.'' The report cited
official data from the Ministry of the Interior indicating that (as of
June 30) 65 percent of the country's inmates were awaiting trial. Some
detainees spend years in jail awaiting trial, and the uncertainty and
length of detention contributed to tensions and psychological stress in
the prisons. The use of pretrial detention is mandatory for particular
crimes, and trial delays were caused by lengthy legal procedures, large
numbers of detainees, and staff shortages.
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 enjoy a presumption of innocence. Juries are not used; trial
proceedings usually consist of written arguments to the judge, which
normally are not made public. Defendants have the right to consult an
attorney in a timely manner, and those who do not have an attorney are
provided one at the state's expense. Only the judge, prosecutor, and
defense attorney have access to all documents that form part of the
written record. Defendants can confront or question witnesses against
them and/or present witnesses and evidence on their behalf. Individual
judges may elect to hear oral arguments, but most judges choose the
written method, a major factor slowing down the judicial process.
Criminal trials are held in a circuit court. Defendants have a right of
appeal. The law extends these rights to all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Regional Human Rights Court Decisions.--In March the Inter-American
Court of Human Rights condemned Uruguay for the 1976 disappearance of
Maria Claudia Garcia, pregnant daughter-in-law of the Argentine poet
Juan Gelman, and for the suppression of identity of his granddaughter
Macarena Gelman. The court ordered the government to pay compensation
to the family, and in September the government agreed to provide a
$500,000 settlement.
Civil Judicial Procedures and Remedies.--There are transparent
administrative procedures to handle complaints of abuse by government
agents. An independent and impartial judiciary handles civil disputes,
but its decisions were ineffectively enforced. Local police lacked the
training and manpower to enforce restraining orders, which were often
generated during civil disputes.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected this right in practice. An independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and 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.
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.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, asylum seekers, stateless persons, and other persons of
concern.
Exile.--The law provides that in extreme cases of national
emergency an individual may be given the option to leave the country as
an alternative to trial or imprisonment, but this option has not been
exercised in at least two decades.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of refugee status. Through its Refugee Commission, the
government has established a system for adjudicating asylum claims,
providing protection to refugees, and finding durable solutions,
including resettlement. Most persons in need of international
protection may find it under the country's definition of a refugee.
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.--Recent Elections.--In
November 2009 Jose Mujica of the Frente Amplio (Broad Front) coalition
won a five-year presidential term in a free and fair runoff election.
The runoff followed a series of party primaries in June 2009 and a free
and fair first-round election among the four leading parties in October
2009. President Mujica took office in March 2010. In parliamentary
elections in October 2009, the Frente Amplio won 16 of 30 seats in the
Senate and 50 of 99 seats in the House of Representatives.
Participation of Women and Minorities.--Women participated actively
in the political process and government, although primarily at lower
and middle levels. Four senators and 15 representatives were women. One
of the 13 cabinet ministers was a woman. There were no members of
minorities in parliament and one minority member in the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively. There were
some formal and informal reports of police corruption, which
authorities addressed with appropriate legal action.
Public officials are subject to financial disclosure laws. A
government commission on economic and financial matters collects sworn
financial statements from public servants, including the president.
The government requires all government agencies to produce regular
public reports. All agencies complied with these reporting
requirements. The 2008 Access to Public Information Act created the
Access to Public Information Unit, an organization that promotes
government transparency.
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.
Government Human Rights Bodies.--The Commission Against Racism,
Xenophobia, and All Forms of Discrimination, headed by the Ministry of
Education and Culture's director for human rights, includes government,
religious, and civil society representatives. The commission is
responsible for proposing policies and specific measures to prevent and
combat racism, xenophobia, and discrimination. Between its creation in
2007 and March 2010, the commission investigated 70 cases of alleged
discrimination from Afro-Uruguayans, persons with disabilities, and
lesbian, gay, bisexual, and transgender (LGBT) persons. However, the
commission has had no allocated budget since the Mujica administration
assumed office in March 2010. NGOs asserted that the commission did not
react to several high-profile discrimination cases during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the government generally enforced these
prohibitions effectively, although societal discrimination against some
groups persisted.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape. The law allows for sentences of two to 12
years' imprisonment for a person found guilty of rape. According to
Ministry of the Interior statistics, between January and July, there
were 127 reported cases of rape and 42 reported cases of attempted
rape. The Ministry of the Interior believed some victims of rape did
not report such incidents because of failure to understand their rights
and fear of social stigma or retribution.
The law criminalizes domestic violence, including physical,
psychological, and sexual violence. In December the Ministry of the
Interior reported approximately12,000 cases of domestic violence, of
which 38 cases resulted in killing. The law allows for sentences of six
months to two years in prison for a person found guilty of committing
an act of violence or making continued threats to cause bodily injury
to persons related emotionally or legally to the perpetrator. Civil
courts decided most of the domestic cases during the year. Judges in
these cases often issued restraining orders, which were difficult to
enforce. In many instances, courts did not apply criminal penalties.
The government operates domestic violence units in police
headquarters in the interior, which are funded and staffed taking into
account the prevalence of domestic violence in each province. There are
five shelters available to women who are victims of domestic violence,
but most services are located in Montevideo. One shelter opened in
November in the northeast city of Salto.
The Montevideo municipal government funded a free nationwide
hotline operated by trained NGO employees for victims of domestic
violence. The Ministry of Social Development, INAU, and NGOs operated
shelters in which abused women and their families could seek temporary
refuge.
Sexual Harassment.--The law prohibits sexual harassment in the
workplace and punishes it by fines or dismissal. The law establishes
guidelines for the prevention of sexual harassment in the workplace and
in student-professor relations and defines a system of damages for
victims.
Reproductive Rights.--Couples and individuals had the right to
decide freely the number, spacing, and timing of their children and had
the information and means to do so free from discrimination, coercion,
and violence. Access to information on contraception and skilled
attendance at delivery and in postpartum care were widely available. An
estimated 75 percent of births are attended by skilled personnel. Women
and men had equal access to diagnostic services and treatment for
sexually transmitted infections.
Discrimination.--Under the law, women enjoy the same rights as men,
including rights under family and property law. In practice women faced
discrimination stemming from traditional attitudes and practices, and
no gender discrimination cases have ever been litigated. The National
Institute for Women supervised the work of a Tripartite Committee on
Equal Opportunities and Employment, which includes a subcommittee on
gender consideration in salaries and benefits. Women constituted almost
half of the workforce but tended to be concentrated in lower-paying
jobs, with salaries averaging two-thirds those of men.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory or through one's parents. The government
immediately registers all births.
Child Abuse.--There were few reports of physical or sexual child
abuse.
Sexual Exploitation of Children.--The minimum age for consensual
sex is 12. When a sexual union takes place with a minor under the age
of 15, violence is presumed and statutory rape laws, which carry a
penalty of two to 12 years in prison, can be applied. However, minors
between the ages of 12 and 15 can legally agree to consensual sex; if
they consent, any presumed violence is waived. Penalties for pimping
children range from four to 16 years in prison. Child pornography is
illegal, and penalties range from one to six years in prison. Some
children were subjected to prostitution.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
For information see the Department of State's report on compliance at
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.
Anti-Semitism.--The Jewish Central Committee estimated the Jewish
population at 18,000 to 20,000. There were few reports of anti-Semitic
acts. Incidents included the vandalizing of a Jewish memorial site and
the writing of anti-Semitic comments by a blogger on the Web site of a
national newspaper. Jewish leaders reported effective cooperation with
police investigating incidents of anti-Semitism.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services; however, the government did not
effectively enforce these provisions or promote programs to ensure
access to buildings, information, and communications. Persons with
disabilities reported discrimination in employment despite government
efforts to assist in individual cases. While it did not discriminate
against persons with disabilities, the government did not provide
sufficient services such as accessible transportation.
The Uruguayan Institute for Educational Psychology reported that
school-age children with disabilities, such as blindness or Down
syndrome, received specially adapted laptops under Plan Ceibal (the
Uruguayan One Laptop per Child program).
A national disabilities commission oversees implementation of a law
on the rights of persons with disabilities. The law mandating
accessibility for persons with disabilities to new buildings or public
services was not consistently enforced. The law reserves 4 percent of
public-sector jobs for persons with physical and mental disabilities,
but the quota went unfilled.
National/Racial/Ethnic Minorities.The country's Afro Uruguayan
minority continued to face societal discrimination. A National Bureau
of Statistics study found that Afro-Uruguayans comprised 11 percent of
the population and indigenous descendents constituted another 3
percent. A 2011 government report indicated that 80 percent of Afro-
Uruguayans were poor. The study concluded that race was one of the
factors responsible for socioeconomic inequality in the country. The
NGO Mundo Afro stated that the percentage of Afro Uruguayans working as
unskilled laborers was much larger than that for members of other
groups. Afro-Uruguayans were underrepresented throughout government and
academia and in the middle and upper echelons of private-sector firms.
The Mujica administration's five-year budget plan eliminated the
advisory positions filled by Mundo Afro under the previous
administration in all but two ministries. In 2010 the government
created a commission to draft the first National Plan against Racism
and Discrimination, but the commission did not produce any results
during the year. The government continued its outreach to the Afro-
Uruguayan community to encourage participation in the Quijano
Scholarship Program for postgraduate work. However, Mundo Afro stated
that this program had little impact since only 1 percent of Afro-
Uruguayans attended college. The National Police Academy has included
discrimination awareness training as part of its curriculum since 2008.
In 2011 Mundo Afro initiated a radio talk show and conducted other
activities to raise awareness of racism and discrimination issues.
Other outreach efforts included a pilot course to raise awareness about
discrimination during U.N. Peace Missions at the National School for
Peace Keeping Operations of Uruguay.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No laws criminalize sexual
orientation, and authorities generally protected the rights of the LGBT
community. Hate crimes were rare, but there were isolated reports of
street violence against individuals leaving gay bars; the police did
not intervene in these incidents. Colectivo Ovejas Negras (Black Sheep
Collective), an LGBT rights NGO, claimed that during the year incidents
occurred for which police refused to file reports on discrimination and
street violence. The NGO also asserted that in the provinces there were
acts of violence and degradation by the police against transgender
persons who are legally registered prostitutes. There were occasional
reports of nonviolent societal discrimination based on sexual
orientation and gender identity.
The Public Health Service Administration worked with LGBT NGOs to
give workshops and public awareness training for health workers to
create health centers free of prejudice and discrimination.
In July two gay men were forced to leave a bar for kissing in
public. The men filed a suit against the owner of the bar, but the
court dismissed the suit.
On September 15, authorities at the Uruguayan University of Work
removed the director of a technical school in Maldonado Province after
she defined on a local television show ``homosexuality'' as a
``disease,'' adding that ``gay teachers should be supervised to prevent
them from transmitting the disease to students.'' A local NGO filed a
legal complaint against her, which was pending at year's end.
Other Societal Violence or Discrimination.--There were isolated
reports of societal discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions, conduct legal strikes, and bargain collectively. Civil
servants, employees of state-run enterprises, private-enterprise
workers, and legal foreign workers may join unions. The law regulates
collective bargaining and grants the government a large role in
adjudicating labor disputes. The law also designates trade unions to
negotiate on behalf of workers whose companies are not unionized. The
law prohibits antiunion discrimination and requires employers to
reinstate workers fired for union activities and pay an indemnity to
such workers. In addition, if an employer contracts employees from a
third-party firm, the law holds the employer responsible for possible
labor infringements committed by the third-party firm. The law allows
unions to conduct their activities without government interference.
The Ministry of Labor's Collective Bargaining Division investigates
antiunion discrimination claims filed by union members. There were
generally effective albeit lengthy mechanisms for resolving workers'
complaints against employers. In 2010 a law that shortened procedures
for resolving disputes took effect. Under the law, an employer is
informed in advance of the reason for the claim and the alleged amount
owed to the worker. However, the Supreme Court of Justice ruled that
certain articles of the law are unconstitutional, prompting the
enactment of an amendment to the law in November. The amendment grants
the defense more time to respond to the complaint in court and
simplifies appeal procedures. In practice, the processes to resolve
disputes were shorter, but still lengthy.
Worker organizations operated free of government regulation and
independent of the government and political parties. Collective
bargaining was freely practiced, and workers also exercised the right
to strike in practice. There were no reports of antiunion
discrimination.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. The government did not
effectively enforce the law in all cases. The government did not report
identifying or investigating any cases of forced labor.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children against exploitation in the workplace. The law
prohibits minors under the age of 15 from working. Minors ages 15 to 18
require government permission to work and must undergo physical exams
to identify possible exposure to job-related physical harm. Permits are
not granted for hazardous or fatiguing work. Children ages 15 to 18 may
not work more than six hours per day within a 36 hour workweek and may
not work between 10 p.m. and 6 a.m.
The Ministry of Labor and Social Security is responsible for
enforcing child labor laws. Violations of child labor laws are
generally punishable by fines but may extend to imprisonment of three
months to four years. Enforcement was difficult due to a lack of
resources and because most child labor occurred in the informal sector.
INAU implemented policies to prevent and regulate child labor and
provided training on child labor issues. INAU also worked closely with
the Ministry of Labor and Social Security to investigate complaints of
child labor, and with the Ministry of Interior to prosecute cases. INAU
had five trained child labor inspectors to handle an estimated 1,100
inspections per year.
The government's National Committee for the Eradication of Child
Labor implemented public awareness campaigns throughout the country.
Child labor was reported in activities such as street vending,
garbage collection and recycling, construction, and in agriculture and
forestry, areas generally less strictly regulated and where children
work with their families. The Ministry of Social Development estimated
there were 20,000 children collecting garbage alongside their parents.
The National Census Bureau presented the results of a survey of child
labor, which characterized 75 percent of the work performed by children
ages five to17 as dangerous because it involved the use of machinery or
tools and lifting heavy weights. The report stated that 0.2 percent of
children ages five to 17 begged for a living.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The monthly minimum wage was
6,000 pesos (approximately $300) , but it functioned more as an index
for calculating wage rates than as a true measure of minimum
subsistence levels. The official poverty income level varied based on
locations and size of family but was approximately 5,940 pesos ($297)
per person per month.
The standard workweek ranged from 44 to 48 hours, depending on the
industry, and employers were required to give workers a 36 hour block
of free time each week. The law stipulates that industrial workers
receive overtime compensation for work in excess of 48 hours per week,
entitles workers to 20 days of paid vacation after a year of employment
and to paid annual holidays, and prohibits compulsory overtime beyond a
maximum 50 hour workweek.
The Ministry of Labor and Social Security sets occupational safety
and health standards. However, some regulations cover urban industrial
workers more adequately than rural and agricultural workers. Under the
law, workers have the right to remove themselves from what they
consider hazardous conditions without jeopardy to their employment. The
law protects foreign workers and does not discriminate against them,
but official protection only extends to formal sector workers.
Workers in all sectors are covered by laws on minimum wage, hours
of work, and occupational health and safety standards, including
domestic and migrant workers and workers in the agricultural sector,
which has a slightly higher minimum wage.
The Ministry of Labor and Social Security (MTSS) is responsible for
enforcing the minimum monthly wage for both public and private-sector
employees and for enforcing legislation regulating health and safety
conditions. The ministry had 151 general inspectors for labor issues.
In practice, penalties imposed by the MTSS were not sufficient to deter
violations of labor laws. The government monitors wages and other
benefits, such as social security and health insurance through the
Social Security Bureau and the Internal Revenue Service. The Ministry
of Public Health's Bureau of Environment and Occupational Work is
responsible for developing policies to detect, analyze, prevent, and
control risk factors that may affect workers' health. These standards
were generally effectively enforced in the formal sector but less so in
the informal sector.
In addition, MTSS has a special section to monitor domestic work,
and may obtain judicial authorization to conduct home inspections to
investigate potential labor law violations.
Formal-sector companies generally complied with the minimum wage
regulations, and in practice, the majority of workers earned more than
the minimum wage. However, many citizens and foreign workers were
employed informally and thus did not benefit from certain legal
protections. Some workers claimed a loss of other privileges at work
based on their refusal to work in unsafe conditions. The Ministry of
Agriculture is the body responsible for carrying out safety and health
inspections in the agricultural sector.
There were some reports of exploitation of foreign workers in the
agricultural sector, and in the fishing and wood industries. A report
issued by a construction workers' union indicated that during the year
60,000 workers suffered labor accidents, mainly in the construction
sector. There was approximately one fatality per week due to labor
accidents.
__________
VENEZUELA
executive summary
Venezuela is a multiparty constitutional republic. In 2006 voters
reelected President Hugo Chavez Frias of the Fifth Republic Movement
party. International observer missions deemed the elections generally
free and fair but noted some irregularities. In September 2010 voters
elected 165 deputies to the National Assembly. Voting on election day
was generally free and fair with scattered reports of irregularities.
However, domestic election observers and opposition political parties
criticized both the electoral law, claiming it violated the
constitutional principle of proportionality, and the government's
partisan use of state-owned media. There were instances in which
elements of the security forces acted independently of civilian
control.
Concentration of power in the executive branch continued to
increase significantly. An Enabling Law enacted by the outgoing
National Assembly in December 2010 (less than three weeks before newly
elected members took office) gave the president broad authority to
decree laws for a period of 18 months without consultation or approval
by the elected National Assembly. The law responded to the president's
request for authorities necessary to deal with the emergency created by
floods in late 2010. Using this authority President Chavez decreed 26
laws, including a number of provisions restricting fundamental economic
and property rights.
The principal human rights abuses reported during the year included
government actions to impede freedom of expression and criminalize
dissent. The government harassed and intimidated privately owned
television stations, other media outlets, and journalists throughout
the year, using threats, fines, property seizures, targeted
regulations, and criminal investigations and prosecutions. The
government did not respect judicial independence or permit judges to
act according to the law without fear of retaliation. The government
used the judiciary to intimidate and selectively prosecute political,
union, business, and civil society leaders who were critical of
government policies or actions. Failure to provide for the due process
rights, physical safety, and humane conditions for inmates contributed
to widespread violence, riots, injuries, and deaths in the country's
prisons.
In addition, the following human rights problems were reported by
nongovernmental organizations (NGOs), the media, and in some cases the
government itself: unlawful killings, including summary executions of
criminal suspects; torture and other cruel, inhuman, or degrading
treatment; prison violence and harsh prison conditions; inadequate
juvenile detention centers; arbitrary arrests and detentions;
corruption and impunity in police forces; corruption, inefficiency, and
politicization in a judicial system characterized by trial delays and
violations of due process; political prisoners; interference with
privacy rights; restrictions on freedom of expression; corruption at
all levels of government; threats against domestic NGOs; violence
against women; anti-Semitism in the official media; trafficking in
persons; violence based on sexual orientation and gender identity; and
restrictions on workers' right of association.
The government sometimes took steps to punish lower-ranking
officials who committed abuses, but there were no investigations or
prosecutions of senior officials for alleged corruption or abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings, but
security forces were accused of committing unlawful killings, including
summary executions of criminal suspects.
There were several reports that security forces committed arbitrary
or unlawful killings. The human rights NGO Venezuelan Program of Action
and Education in Human Rights (PROVEA) reported 173 deaths due to
security force actions between October 2010 and September 2011, a 27
percent decrease compared with the preceding 12 months. The causes of
death were categorized as 129 killings, seven cases of excessive use of
force, 15 cases of indiscriminate use of force, 12 cases of torture or
cruel treatment, and two cases of negligence.
Prosecutors occasionally brought cases against such perpetrators.
Sentences frequently were light, and convictions often were overturned
on appeal. According to PROVEA, 37 national, state, and municipal
police entities as well as the armed forces were involved in
extrajudicial killings between October 2010 and September 2011, with
the Scientific, Penal, and Criminal Investigative Corps (CICPC) and the
National Guard associated with the most violations. There was no
information available on the numbers of public officials who were
prosecuted or received prison sentences for involvement in
extrajudicial killings.
On May 28, two hooded assailants killed Juan Jose Barrios, making
him the seventh member of his family to be killed allegedly by Aragua
State police agents since the Barrios family publicly complained of
police abuse in Aragua in 1998. On June 2, the Inter-American Human
Rights Commission (IACHR) issued a statement deploring the killing and
stating that ``the Venezuelan state has not adopted the necessary
measures to protect the life of the members of this family, who
continue to be targets of assassination, detention, raids, threats and
harassment'' (see section 1.e.). The Barrios family has been under
IACHR protection orders since 2004.
On May 26, three detainees, Pedro Rivero, William Perez, and Ruben
Arnal, died in a detention facility in the El Rosal section of Caracas.
The CICPC initially claimed the deaths resulted from asphyxiation
related to drug abuse, but a Public Ministry investigation showed that
the bodies exhibited signs of torture. According to press reports,
other inmates claimed the guards had beaten the men, subjected them to
electric shock, and covered their heads with pesticide-filled bags. The
Public Ministry accused six CICPC officers, Evert Rondon, Miguel
Hernandez, Edgard Humbria, Michael Borges, Jepzon Diaz, and Alfredo
Suarez, of intentional homicide, cruel treatment, and violation of
international treaties and pacts. The Public Ministry also accused the
original pathologist, Franklin Perez, with attempted cover-up,
falsifying documents, and violation of international treaties and
pacts. On October 13, the six CICPC officers were indicted on all
charges, and at year's end they remained in detention awaiting trial.
On June 21, a court composed of one professional judge and two
jurors acquitted the 10 Lara state police officers charged in the 2008
torture and killing of six persons in Chabasquen, Portuguesa State. The
judge abstained in the decision.
The government continued to prosecute individuals connected with
the 1989 killings in Caracas known as the ``Caracazo,'' in which the
Public Ministry estimated 331 individuals died; the 1988 El Amparo
massacre, in which government security forces allegedly killed 14
persons; the 1986 Yumare massacre, in which nine persons were killed;
and the 1982 Cantaura massacre, in which armed forces and intelligence
service members allegedly killed 25 persons. For example:
Caracazo: On May 6, the Public Ministry charged the former governor
of the Federal District (now Capital District), Virgilio Avila Vivas,
with intentional homicide and violation of international pacts and
treaties. On October 1, the court ordered to trial former defense
minister Italo del Valle Alliegro; the former Metropolitan Police
commandant, retired general Jose Rafael Leon Orsoni; former second
commandant of the Metropolitan Police Luis Guillermo Fuentes Serra; and
retired general Freddy Maya Cardona for their actions during the
Caracazo massacre. Fuentes Serra and Maya Cardona had been indicted on
February 9 for premeditated murder and violation of international
agreements in connection with the deaths of 21 and 10 victims,
respectively.
El Amparo: In April PROVEA requested a meeting with representatives
of the Prosecutor General's Office, survivors of the massacre, and
families of the victims to obtain information on the government's
actions to investigate the massacre. PROVEA also requested that,
pursuant to a 2010 resolution of the Inter-American Court of Human
Rights, the government present a timeline with planned actions to
investigate and prosecute those responsible. The government did not
respond to PROVEA's request.
Yumare: In May the court sentenced retired general Alexis Ramon
Sanchez Paz to 13 years in prison for his involvement in the massacre.
Sanchez admitted responsibility.
Cantaura: Neither the National Assembly nor the government took
action on petitions submitted by PROVEA requesting the lifting of the
parliamentary immunity of newly elected Deputy Roger Cordero Lara and
his investigation for alleged involvement (as pilot of one of the
airplanes) in the bombardment of the Cantaura guerrilla camp.
On October 18, the National Assembly enacted the Law to Punish
Crimes, Disappearances, Torture, and Other Human Rights Violations for
Political Reasons in the Period 1958-1998 (Law against Forgetting). The
law calls for the investigation and punishment of human rights abuses
committed by the governments of this period against ``revolutionary
militants'' fighting for ``social justice and socialism.'' It also
creates a Commission for Justice and Truth and provides reparations to
victims. The law does not cover all human rights violations, including
those committed after President Chavez took office in 1999. There was
no implementation of the law by year's end.
b. Disappearance.--There were no substantiated reports of
politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution states that no person shall be
subjected to cruel, inhuman, or degrading punishment, there were
credible reports that security forces tortured and abused detainees.
During the year the National Assembly did not act on the fourth
transitional provision of the constitution requiring the assembly to
adopt by 2001 either a law or a reform of the penal code to provide
sanctions for torture. The NGO Network of Support for Justice and Peace
reported that the lack of such a law contributed to the government's
failure to punish adequately officials responsible for torture; the
lack of programs providing medical, psychological, and rehabilitation
services to victims; and the lack of a fund to compensate victims.
The Public Defender's Office did not publish statistics for 2011
regarding allegations of torture by police; however, PROVEA reported
there were 20 victims of torture and 75 victims of ``cruel and inhuman
treatment'' between October 2010 and September 2011, a reduction of 45
percent and 79 percent, respectively, from the previous year. PROVEA
defines ``torture'' as methods used by state security force members to
extract information from victims and ``cruel and inhuman treatment'' as
methods used by those members to punish or intimidate victims.
Human rights groups continued to question the commitment of the
prosecutor general and the public defender to conduct impartial
investigations. There were no data available on convictions in cases of
alleged torture. According to Network of Support for Justice and Peace,
no government official had been prosecuted in connection with any of
the 243 claims of torture reported since 2003.
Press and NGO reports of beatings and humiliating treatment of
suspects during arrests were common and involved various law
enforcement agencies. Torture and other cruel, inhuman, or degrading
treatment or punishments of prisoners were reported during the year. A
common method of torture or degrading treatment was the denial of
medical care by prison authorities (see Prison Conditions below).
An example of psychological torture was the case of Judge Maria
Lourdes Afiuni, who was transferred from prison to ``house arrest'' on
February 8 (see section 1.d.). Afiuni's attorneys and a leading human
rights defender claimed the government's restrictions on Afiuni's
access to medical care, her medical reports, sunlight, and the courts
constituted ``psychological'' torture. On July 29, Afiuni's attorneys
filed a complaint with the court, alleging that the National Guard
frequently did not arrive to take Afiuni to mandatory bimonthly court
appearances, thereby subjecting Afiuni to the fear of having her house
arrest revoked and of return to prison, where officials and inmates had
threatened her. On August 1, the Center for Human Rights of Andres
Bello Catholic University filed a request for urgent action on Afiuni's
behalf with the U.N. special rapporteur for torture.
Prison and Detention Center Conditions.--Prison conditions were
harsh due to poorly trained and allegedly corrupt prison staff;
violence and alleged extortion by guards and inmates, some gang-related
and fueled by trafficking in arms and drugs; severe overcrowding in
most prisons; and food and potable water shortages. Prison experts and
the press frequently claimed that prison gang leaders, rather than
government authorities, controlled the prisons. The NGO Venezuelan
Observatory for Prisons (OVP) reported that as of November 3, there
were approximately 48,602 inmates in the country's 33 prisons and
penitentiaries, approximately 4,400 of whom were women. Leading prison
monitoring NGOs estimated that prisons nationwide had capacity for only
15,000 inmates.
According to the OVP, HIV/AIDS, tuberculosis, and a lack of medical
care accounted for approximately 50 deaths in prison during the year. A
comprehensive study, published in September by the NGO Solidarity
Action, found that prison rules regarding the classification of inmates
resulted in the isolation of those with HIV/AIDS in ``inadequate spaces
without food and medical attention."
On July 16, President Chavez publicly urged the judiciary to use
its existing legal authority to grant humanitarian parole to ``gravely
ill'' prisoners needing medical treatment, including permitting them to
return to their homes. On July 19, the government formed an interagency
committee to evaluate an initial group of 54 gravely ill prisoners
potentially eligible for conditional release. On July 21, the
government granted conditional parole to 44 of the 54 prisoners and
announced that parole for the others would follow. Two of those
released had claimed to be political prisoners. Later in the year, the
government granted humanitarian paroles to former police officer Julio
Rodriguez and former police commissioner Henry Vivas, imprisoned for
their alleged involvement in the 2002 coup, and to National Assembly
Deputy-elect Jose Sanchez (``Mazuco''), convicted on what he alleged
were politically motivated charges.
Security forces and law enforcement authorities often held minors
together with adults, even though separate facilities existed. Because
reform institutions were filled to capacity, hundreds of children
accused of infractions were confined in juvenile detention centers
where they were reportedly crowded into small, unsanitary cells. Women
and men generally were held in separate prison facilities. The OVP
stated that women's facilities were generally less violent than those
for men.
The National Guard and the Ministry of Interior and Justice have
responsibility for prisons' exterior and interior security,
respectively. The government failed to provide adequate prison
security. The OVP reported there were 560 prisoner deaths in 2011,
compared with 476 in 2010. Most such deaths and injuries resulted from
prisoner-on-prisoner violence, riots, fires, and generally unsanitary
and unsafe conditions.
According to press reports, more than 100 inmates were injured
during inmate-organized knife fights, commonly known as the
``coliseum,'' which occurred in the Uribana Penitentiary in Lara State
and the General Venezuelan Penitentiary in Guarico State. On February
22, the IACHR reiterated its condemnation of the violence and stressed
the government's obligation to ensure the safety of inmates.
During the year prisoners conducted hunger strikes and violent
uprisings to protest administrative delays and harsh prison conditions.
Prisoners and detainees were permitted religious observance and had
access to visitors, but in some cases prison officials allegedly
harassed or abused visitors.
During the year there were almost constant prison riots that
resulted in inmate deaths and injuries, including a riot at El Rodeo
Penitentiary in Miranda State, which began as a conflict between
heavily armed rival prison gangs on June 12, lasted 27 days, and left
at least 34 inmates and three National Guard troops dead. On June 17,
4,000 National Guard troops engaged in a gun battle with the inmates as
they attempted to storm the prison to end the rioting. While the
National Guard removed 2,500 inmates from the facility, another 2,000
barricaded themselves in and continued to resist. Before the inmates
surrendered on July 13, one of the two ringleaders, 26 of his
lieutenants, and an estimated 50 other inmates had escaped, despite the
presence of soldiers and tanks surrounding most of the prison. On
August 9, the Public Ministry brought charges of corruption and
facilitating the trafficking of arms and drugs against the former
director and deputy director of the El Rodeo Penitentiary and a
National Guard captain.
Human rights observers continued to experience lengthy
administrative delays and restricted access to prisons and detention
centers. The International Committee of the Red Cross (ICRC) did not
have access to prisons except for the two controlled by the Bolivarian
Intelligence Service (SEBIN) and the military for security detainees.
The public defender did not generally advocate on behalf of prisoners
and detainees for alternatives to incarceration.
During the year the IACHR issued several statements calling on the
government to improve prison conditions and adopt measures to prevent
outbreaks of violence. On February 9, in response to the deaths of
prisoners at the Villa Hermosa and Tocoron prisons, the IACHR urged the
government to ensure that inmates were adequately protected and adopt
appropriate measures to prevent similar outbreaks of violence. On June
16, in response to the prison riot at El Rodeo, the IACHR issued a
statement reiterating its concern over the high rates of violence in
the country's penitentiaries and the presence in several prisons of
criminal organizations in possession of large-caliber weapons.
The Inter-American Court of Human Rights continued its supervision
of Venezuelan penitentiaries pursuant to its 2006 decision regarding
the need for improvement of prison conditions. In resolutions dated May
15 and July 6, the court again required the government to submit
bimonthly reports with specific information on actions taken to
``protect the life and integrity'' of prisoners, but there was no
information publicly available about the government's compliance with
this requirement.
On July 25, in response to the riot at the El Rodeo Penitentiary,
President Chavez announced the creation of a new Ministry of
Penitentiary Services and appointed National Assembly Deputy Iris
Varela as its minister. Varela immediately announced proposed reforms
to reduce overcrowding and violence, including through the parole of an
estimated 20,000 eligible prisoners and a prohibition on the transfer
of new prisoners into the prisons. By year's end the government had not
implemented these proposals.
d. Arbitrary Arrest or Detention.--The constitution prohibits the
arrest or detention of an individual without a judicial order; provides
for the accused to remain free while being tried, except in specific
cases where state law or individual judges may supersede this
provision; and provides that any detained individual has the right to
immediate communication with family members and lawyers who, in turn,
have the right to know a detainee's whereabouts.
During the year the chair of the U.N. Working Group on Arbitrary
Detention, the International Commission of Jurists, international and
domestic human rights NGOs, and prominent international figures called
on the government to release Judge Maria Lourdes Afiuni, who was
detained in 2009 for her decision to release imprisoned banker Eligio
Cedeno. On February 8, a court granted Afiuni house arrest to recover
after her emergency surgery, but it prohibited her from leaving her
apartment (see section 1.c.). The court required that National Guard
personnel escort Afiuni to her required court appearance every 15 days.
The court continued the trial against Afiuni, despite the May 2010
statement by the prosecutor ``that it has not been determined that she
[had] received money or anything else'' to approve Eligio Cedeno's
release. During the year Afiuni refused to participate in the trial,
arguing that the presiding judge, Ali Paredes, had publicly admitted
his ``unconditional'' support for President Chavez and was therefore
not impartial. The court denied her petition to recuse Paredes as the
presiding judge. However, on October 6, the Judicial Disciplinary
Tribunal acknowledged Afiuni's complaint against Paredes and opened an
investigation. In a routine annual rotation of judges on December 16,
the court named Judge Robinson Vasquez to replace Paredes as the trial
judge in Afiuni's case, effective beginning in the 2012 judicial term.
On December 13, the court extended Afiuni's pretrial detention for
another two years.
On April 14, the Public Ministry indicted 10 directors of the
country's largest brokerages who had been detained since May 2010 and
charged in July 2010 with ``illegal commercialization of hard
currency'' and conspiracy. The directors were indicted under the
Partial Reform Law on Illegal Foreign Exchange Transactions, which took
effect in May 2010, after their allegedly illicit activities had
occurred. The law did not provide for its retroactive application.
Role of the Police and Security Apparatus.--The National Guard, a
branch of the military, is responsible for maintaining public order,
guarding the exterior of key government installations and prisons,
conducting counternarcotics operations, monitoring borders, and
providing law enforcement in remote areas. The Ministry of Interior and
Justice controls the CICPC, which conducts most criminal
investigations, and the SEBIN, which collects intelligence within the
country and is responsible for investigating cases of corruption,
subversion, and arms trafficking. The police include municipal, state,
and national police forces. Mayors and governors oversee municipal and
state police forces.
In 2009 the government established the Bolivarian National Police
Corps (CPNB) and announced the dissolution of the Caracas Metropolitan
Police (PM). By the end of 2011, the government had phased out the PM,
which Minister of Interior and Justice Tareck El Aissami stated had
consisted of 10,547 officers. According to the National Assembly's news
agency, as of December 16, approximately 3,200 former officers had
received training and been incorporated into the CPNB, approximately
800 had been transferred to other positions within the ministry, and
the remainder had been retired or removed for health, disciplinary, or
other reasons.
As of December 20, CPNB forces totaled 6,848 officers, according to
Minister El Aissami. The CPNB largely focused on policing one Caracas
municipality and had only a minimal presence in five of the country's
23 states. During the year the CPNB also began to protect Caracas-area
highways, railways, metro system, and diplomatic missions.
Societal violence remained high. According to press reports, CICPC
statistics showed an estimated 18,500 homicides nationwide during the
year (a rate of 65 killings per 100,000 inhabitants), compared with the
14,500 killings that Minister El Aissami reported for 2010. Criminal
kidnappings for ransom also were widespread in both urban centers and
rural areas; kidnappings included both ``express kidnappings,'' in
which victims were held for several hours and then released, and
traditional kidnappings. On November 19, the press cited CICPC sources
as reporting 1,115 cases of kidnappings thus far in 2011, an increase
of 26 percent over the 885 kidnappings reported in all of 2010. NGOs
and police noted that many victims did not report kidnappings to police
or other authorities.
Corruption, inadequate police training and equipment, and
insufficient central government funding, particularly for police forces
in states and municipalities governed by opposition officials, reduced
the effectiveness of the security forces. There were continued reports
of police abuse and involvement in crime, including illegal and
arbitrary detentions, extrajudicial killings, kidnappings, and the
excessive use of force. In the 12 months ending in October, PROVEA
registered 10 complaints of missing persons allegedly seized by police
or military personnel, compared with 39 such complaints in the
preceding 12-month period.
During the year PROVEA registered 10 complaints of missing persons
allegedly seized by police or military personnel.
For example, on March 15, according to press reports, municipal
police detained three CBNP members for kidnapping and robbery. Jean
Carlos Jesus Colorado Linares, Ruben Dario Troconis Diaz, and Nestor
Jose Vasquez Olmos allegedly kidnapped three youths at gunpoint; stole
their money, cars, and clothing; and then left them on the street in
the Sucre municipality of Caracas. In another example, on August 30,
the Public Ministry arrested an Apure State police officer, Deibis
Pantoja, for his alleged involvement in the kidnapping of a
businessman, Henry Claret Bolivar, on August 26.
Impunity remained a serious problem in the security forces. The
Public Ministry is responsible for initiating judicial investigations
of security force abuses. The ministry's annual report for 2010 cited
9,131 cases of human rights violations by presumed police and military
officers, of which 266, or less than 3 percent, resulted in
indictments; the remainder were either dismissed or suspended. Neither
the Public Ministry nor the Public Defender's Office provided
comparable statistics for 2011.
State and municipal governments also investigate their respective
police forces. By law national, state, and municipal police forces have
a Police Corps Disciplinary Council, which takes action against
security officials who commit abuses. The National Assembly can
investigate security force abuses. The General Police Council has
developed policies and reforms in response to systematic abuses.
According to Network of Support for Justice and Peace, the lack of
sufficient prosecutors made it difficult to prosecute police and
military officials allegedly involved in human rights abuses.
During the year the government at both the local and national level
took some actions to sanction officers involved in abuses. For example,
in May the opposition-governed Chacao municipality of Caracas expelled
10 police officers after a video was released showing them kicking and
hitting a group of handcuffed prisoners. In June the CPNB expelled 86
officers for corruption. In October the opposition-governed Zulia State
government expelled 114 officers linked to extortion, homicide, theft,
and human rights violations. There was no publicly available
information about prosecutions of the officers expelled.
Following the deaths of three prisoners in a CICPC detention
facility in May (see section 1.a.), the government announced plans to
reform the CICPC. On June 7, Minister El Aissami stated that a
multidisciplinary team of experts from the Commission for Police Reform
and Support Network for Peace and Justice would evaluate and make
recommendations for restructuring the CICPC. On September 22, El
Aissami named Jose Humberto Ramirez Marquez as the new CICPC director
and announced a ``Strategic Plan for the Transformation of the CICPC.''
There was no information regarding any changes to the structure or
functions of the CICPC by year's end.
In June 2010 Public Defender Gabriela Ramirez announced the
creation of offices for victim assistance, including victims of crime
or abuse by police. The government required that the offices be located
apart from police stations and staffed by interdisciplinary personnel
to guarantee ``fair, respectful, equal, and nondiscriminatory''
treatment and to protect ``the privacy of the complainants.'' On March
22, the prosecutor general reported that the offices had attended to
120,560 individuals during 2010.
The National Experimental University for Security (UNES),
inaugurated in October 2010 to professionalize law enforcement training
for CPNB and other state and municipal personnel, had centers in
Caracas and five other cities, with an enrollment of 11,290 students as
of September. UNES requires human rights training as part of the
curriculum for all new officers joining the CPNB, state, and municipal
police forces. Some municipal and state police forces also offered
human rights training for their personnel.
Arrest Procedures and Treatment While in Detention.--A warrant is
required for an arrest or detention. A detention is possible without an
arrest warrant when the individual is caught in the act of committing a
crime. Individuals were sometimes apprehended without warrants from
judicial authorities. Detainees must be brought before a prosecutor
within 12 hours and before a judge within 48 hours to determine the
legality of the detention. A person accused of a crime may not be
detained for longer than the possible minimum sentence for that crime
or for longer than two years, except in certain circumstances, such as
when the defendant is responsible for the delay in the proceedings. The
law requires that detainees be promptly informed of the charges against
them, and the requirement was generally met in practice.
Although there is a functioning system of bail, it is not available
for certain crimes. Bail also may be denied if a person is apprehended
in the act of committing a crime or if a judge determines there is a
danger that the accused may flee or impede the investigation. The law
requires that detainees be given access to counsel and family members,
and the requirement was generally met in practice.
Pretrial Detention.--Pretrial detention was a serious problem. In
its March 21 report for the U.N. Human Rights Council's Universal
Periodic Review (UPR) of Venezuela, the OVP reported that 68 percent of
the 44,852 prisoners at the end of 2010 had not been sentenced.
The NGO Citizen Observatory of the Penal Justice System attributed
trial delays to the shortage of prosecutors and penal judges. Based on
the Public Ministry's annual report for 2010, 1,492 prosecutors had to
process approximately 257,400 cases in 2010, an average of 173 cases
per prosecutor. The NGO also questioned the small number of penal
judges, which it calculated to be 4.7 per 100,000 inhabitants in 2010.
In March 2010 NGOs testifying before the IACHR estimated that, on
average, a prosecutor received nearly 2,000 complaints of criminal
activity a year but investigated only 50. Of those 50 cases, only 20
ended up in court and only two resulted in convictions. According to
the Public Ministry's 2010 annual report, approximately 9 percent of
the 378,108 cases involving common crimes resulted in the filing of
criminal charges. Prisoners reported that a lack of transportation and
the disorganization of the prisons reduced their access to the courts
and contributed to trial delays.
e. Denial of Fair Public Trial.--While the constitution provides
for an independent judiciary, there was increasing evidence that the
judiciary lacked independence. There were credible allegations of
corruption and political influence throughout the judiciary. On
February 5, Supreme Court (TSJ) President Luisa Estela Morales reported
that 77 percent of all judges had provisional appointments. TSJ
justices, elected by the National Assembly, sat on the TSJ's Judicial
Committee that was responsible for hiring and firing temporary judges,
which it did without cause or explanation. Provisional and temporary
judges, who legally have the same rights and authorities as permanent
judges, allegedly were subject to political influence from the Ministry
of Interior and Justice and the prosecutor general. PROVEA reported
that between October 2010 and October 2011, the TSJ rejected 93 percent
of judicial cases against the main organs of government (the
Presidency, National Assembly, Comptroller General, National Electoral
Council, and Prosecutor General's Office), including all 20 legal
actions against President Chavez.
Among notable examples of alleged government interference in the
judicial system were:
On January 11, the TSJ announced that it was assuming jurisdiction
in the trial of National Assembly Deputy-elect Biaggio Pilieri on
corruption charges. The following day the TSJ annulled the trial
because of alleged ``irregularities'' and ordered a retrial in a
different jurisdiction. According to the two jurors in the trial, the
TSJ's actions came after they had informed the judge of their decision
to acquit. The judge reportedly told them that they ``could not
pronounce that decision.'' Pilieri had been acquitted in his first
trial on the same charges but had been recharged and placed under house
arrest following his September 2010 election to the National Assembly.
Authorities released Pilieri from prison on February 23 following a
hunger strike by students calling for the release of political
prisoners. He took office on February 24 and acquired parliamentary
immunity from further prosecution.
On July 19, the TSJ president withdrew her July 14 order for the
prosecutor general to open a corruption investigation into Miranda
State governor and presidential candidate Henrique Capriles Radonski.
Her decision came a day after the progovernment United Socialist Party
of Venezuela (PSUV) announced it did not support the investigation
because it did not want Capriles to be able to ``make himself a
victim."
Trial Procedures.--Defendants are considered innocent until proven
guilty. The law provides for open, public, and fair trials with oral
proceedings for all individuals. Defendants have the right to be
present and consult with an attorney. Public defenders are provided for
indigent defendants, but there continued to be a shortage. According to
press reports and official sources, the 874 public defenders handled
approximately 270,000 cases in 2010. The Public Defender's Office
stated that state-paid attorneys represented approximately 76 percent
of prisoners.
Defendants have the right to question witnesses against them and
present their own witnesses. Defendants and their attorneys have the
right to access government-held evidence, but in practice this access
often did not occur. Defendants and plaintiffs have the right of
appeal. Trial delays were common.
The law provides that trials for military personnel charged with
human rights abuses after 1999 be held in civilian rather than military
courts.
Political Prisoners and Detainees.--At year's end the NGO
Venezuelan Awareness Foundation listed 12 individuals as political
prisoners, most of whom were convicted for their alleged actions during
the 2002 coup. During the year the government used the judiciary to
intimidate and selectively prosecute individuals who were critical of
government policies or actions.
In some cases political prisoners were held in SEBIN installations
and the Ramo Verde military prison. Authorities permitted the ICRC
access to these individuals.
In cases of persons claiming to be political prisoners:
Jose ``Mazuco'' Sanchez was released on humanitarian parole on
December 24 (see section 1.c.).
There were no developments during the year in the case of General
Raul Baduel, former minister of defense and former ally of President
Chavez, who was sentenced in May 2010 to seven years and 11 months in
prison on corruption-related charges. Baduel continued to claim his
arrest and imprisonment constituted political retaliation by President
Chavez for his public opposition to the president's proposed
constitutional reforms and encouragement of the ``no'' vote in the 2007
constitutional reform referendum.
On January 31, a group of 10 university students began a hunger
strike in front of the office of the Organization of American States in
Caracas to seek the release of 28 prisoners they believed were held for
political reasons. The hunger strike grew to include 83 protesters in
eight states. It ended on February 22 with the government announcing
its agreement to release conditionally five of the prisoners, Felipe
Rodriguez, Silvio Merida Ortiz, Otto Gebauer, Arube Perez, and Marco
Hurtado. All but one had been convicted for their alleged activities
during the 2002 coup. The government also agreed to permit the
remaining 23 prisoners to receive medical treatment from doctors chosen
by their families and to review each prisoner's case and living
conditions.
Regional Human Rights Court Decisions.--On February 21, the Inter-
American Court of Human Rights (the IA Court) issued a resolution
ordering the government to adopt immediately ``all the necessary and
extraordinary measures, in addition to those already taken,'' to
guarantee the safety of the Barrios family, which had seven family
members killed, allegedly by Aragua State police agents, since the
family publicly complained of police abuse in 1998 (see section 1.a.).
The IA Court reiterated its concern over the government's failure to
protect the Barrios family, which had been subject to an IACHR
protection order since 2004, and ordered the government to place
permanent guards at the homes of the family members and report to the
court every two months on the measures taken. On May 28, two
unidentified assailants shot and killed Juan Jose Barrios, a
beneficiary of the IA Court's provisional measures. On June 29 and 30,
the IA Court heard testimony in the case but had not issued a decision
regarding the government's responsibility in the deaths of the Barrios
family members by year's end.
On September 1, the IA Court issued a unanimous decision that the
government could not administratively disqualify opposition leader
Leopoldo Lopez from running for elective office (see section 3,
Political Parties). The court ordered the government to allow Lopez to
register and run in any future election. It also ordered the government
to revise ``within a reasonable timeframe'' article 105 of the Organic
Law on the Comptroller General to prevent the comptroller general from
administratively disqualifying individuals from public office in the
future. On September 17, President Chavez asserted: ``For me, the court
has no value. It is worthless.'' On October 17, the TSJ declared the
ruling of the court to be ``unenforceable,'' although article 23 of the
constitution provides that international treaties and conventions
regarding human rights have constitutional rank and are of ``immediate
and direct application by the courts.'' On October 20, the prosecutor
general stated that the IA Court's decisions were binding only insofar
as they did not contravene the constitution and domestic laws. The TSJ
argued that it had to balance the rights guaranteed in the American
Convention with those provided for under the U.N. and Inter-American
Conventions against Corruption. The TSJ president subsequently stated
that Lopez could ``register and participate freely in elections'' but
not necessarily hold public office if elected.
The IA Court issued a number of resolutions regarding prisons in
Venezuela. These orders required the government to take precautionary
measures to avoid loss of life or harm to the physical, mental, and
moral integrity of those incarcerated. During the year the IA Court
issued specific orders regarding the Yare, El Rodeo, Monagas, Tocoron,
and Vista Hermosa prisons, and on July 6, it issued a resolution
ordering the government to adopt measures to safeguard lives in six
prisons. The court also required the government to adopt measures to
protect the life of prisoner rights activist Humberto Prado. There were
no known government actions reflecting compliance with these
resolutions.
Civil Judicial Procedures and Remedies.--There are separate civil
courts that permit citizens to bring lawsuits seeking damages. There
are no procedures for individuals or organizations to seek civil
remedies for human rights violations. Like all courts in the country,
the civil courts remained subject to strong executive control.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides for the inviolability of the
home and personal privacy, but in some cases government authorities
infringed on citizens' privacy rights by searching homes, seizing
properties, or interfering in personal communications.
During the year private telephone calls and e-mails between
opposition political figures were intercepted and broadcast on
government-controlled media in violation of the law. For example,
between August 1 and 4, the government-owned Venezolana de Television
broadcast what it claimed were recorded private telephone conversations
among opposition figures, including a former military leader, party
activists, and a presidential candidate, in which they purportedly
criticized other opposition leaders and discussed alleged backroom
deals to select opposition candidates for the 2012 elections.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press; however, the
combination of laws and regulations governing libel and media content,
as well as legal harassment and physical intimidation of both
individuals and the media, resulted in practical limitations on these
freedoms. National and international groups, such as Reporters without
Borders, the Inter American Press Association (IAPA), and the Committee
to Protect Journalists, condemned government efforts throughout the
year to restrict press freedom and create a climate of fear and self-
censorship.
Freedom of Speech.--The law makes insulting the president
punishable by six to 30 months in prison without bail, with lesser
penalties for insulting lower-ranking officials. Comments exposing
another person to public contempt or hatred are punishable by one-to-
three-year prison sentences and fines starting at BsF 55 (approximately
$13).
The government took reprisals against individuals who publicly
expressed criticism of the president or government policy.
On October 21, the National Assembly designated a subcommission to
investigate alleged corruption related to a 2006 construction contract
by opposition Deputy Julio Montoya and his wife. Many observers
considered the investigation to be a response to Montoya's August 15
release of a confidential report from the Ministry of Finance and the
Central Bank on the government's controversial plan to repatriate 211
tons of gold reserves from U.S. and European institutions and transfer
approximately $6.28 billion in liquid reserves to banks in Russia,
China, and Brazil. Previously Montoya had charged that the government
was complicit in the April 25 robbery of his office and the September
21 hacking of his personal e-mail and social networking sites to
``intimidate'' his investigations of alleged government corruption.
Montoya had publicized alleged narcotics trafficker Walid Makled's
charges that senior government and military officials were involved in
his narcotrafficking network and that he had financed some government
political campaigns (see below).
On July 13, Oswaldo Alvarez Paz, a former governor of Zulia State
and a 1993 presidential candidate, was found guilty of disseminating
false information and sentenced to two years in prison for his comments
during a March 2010 television interview. In that interview he claimed
that Venezuela was a ``center of operations for drug trafficking'' and
suggested that President Chavez ``could fall'' in any international
investigation of Venezuela's links with the FARC and ETA terrorist
organizations. The court granted Alvarez Paz conditional parole.
There were no developments in the case of Antonio Rivero, a retired
brigadier general who was charged in August 2010 with ``slander against
the armed forces'' and ``publicly revealing private information and
military secrets'' for his April 2010 public denunciation of excessive
Cuban influence in the military. Rivero remained free pending trial,
but a military judge prohibited him from leaving the country, required
him to appear before a judge every 15 days, and prohibited him from
speaking publicly about the charges against him.
Freedom of the Press.--The law provides that inaccurate reporting
that disturbs the public peace is punishable by prison terms of two to
five years. The requirement that media disseminate only ``true''
information was undefined and open to politically motivated
interpretation.
The reformed Law of Social Responsibility for Radio and Television
(RESORTE) and the amended Organic Law for Telecommunications, which
went into effect in December 2010, prohibit all media from
disseminating messages that incite or promote hate or intolerance for
religious, political, gender-related, racial, or xenophobic reasons;
incite, promote, or condone criminal acts; constitute war propaganda;
foment anxiety in the population or affect public order; do not
recognize legitimate government authorities; incite homicide; and
incite or promote disobedience to the established legal order.
Penalties range from fines to the revocation of licenses.
The law declares telecommunications a ``public interest service,''
thereby giving the state greater authority to regulate the content and
structure of the radio, television, and audiovisual production sectors.
The law provides that the government can suspend or revoke licenses
when it judges such action necessary to the interests of the nation,
public order, or security. The telecommunications law empowers the
government to impose heavy fines and cancel broadcasts for violations
of its norms, and the National Telecommunications Commission (CONATEL)
oversees the law's application.
The government used its authority under the telecommunications law
to censor Globovision, a privately owned cable news station that was
critical of the government. On October 17, CONATEL imposed a fine of
BsF 9.3 million (approximately $2 million) on Globovision for its
reporting of the El Rodeo Penitentiary riot (see section 1.c.). CONATEL
claimed that Globovision sought to create civil unrest by doctoring an
audiotape to add sounds of machine gun fire to the background,
repeatedly broadcasting the most sensational statements of the inmates'
relatives, and failing to report all the government's statements
concerning the riot. Globovision denied the charges, stated that its
broadcasts had filled an information vacuum left by the government's
failure to report on the events in the prison, and appealed CONATEL's
decision. The appeal remained pending at year's end. CONATEL had six
other administrative investigations pending against Globovision at
year's end.
The law requires that practicing journalists have journalism
degrees and be members of the National College of Journalists, and it
prescribes jail terms of three to six months for those practicing
illegally. These requirements are waived for foreigners and opinion
columnists.
Violence and Harassment.--Senior national and state government
leaders continued to harass and intimidate privately owned and
opposition-oriented television stations, media outlets, and journalists
throughout the year using threats, property seizures, administrative
and criminal investigations, and prosecutions. Government officials,
including the president, used government-controlled media outlets to
accuse private media owners, directors, and reporters of fomenting
antigovernment destabilization campaigns and coup attempts.
Censorship or Content Restrictions.--The government exerted
pressure on the independent media through administrative, financial,
and legal means in order to affect their editorial positions. Members
of the independent media privately said they regularly engaged in self-
censorship due to fear of government reprisal.
While the country's major newspapers were independently owned, some
print media tended to exercise caution in order to secure government
advertising. Two national newspapers, Diario Vea and Correo del
Orinoco, received direct financial support from the government. The
Caracas newspaper Ciudad CCS was run by the presidentially appointed
Capital District vice president and received funding from the mayor of
the Libertador municipality of Caracas.
The government sometimes engaged in direct press censorship. On
August 21, SEBIN officials detained Dinorah Giron, the director of the
opposition-oriented weekly newspaper Sexto Poder, for the newspaper's
front-page photo montage of female government officials as ``cancan''
girls and the accompanying article, which alleged that the government
put on a ``cabaret'' to distract the public from real issues. The court
also issued an arrest warrant for the newspaper's editor, Leocenis
Garcia. At an August 21 rally, TSJ President Luisa Morales said the
photograph ``offended the dignity'' of the female officials and called
for the government to close the newspaper immediately for the
``flagrant violation of women's rights.'' The court ordered the
newspaper to stop publishing on August 21 but allowed it to resume on
August 30, when Garcia surrendered to authorities. The court ordered
the newspaper not to publish text or images that offended or insulted
the reputation of public officials or that were insulting toward women.
The Public Ministry charged Giron and Garcia with instigating hatred,
insulting public officials, and violence against women. The court
granted Giron, but not Garcia, conditional release. Employees of Sexto
Poder issued a communique on October 30 in which they claimed
government officials were ``pressuring'' Garcia to sell his majority
share in the newspaper in exchange for his release from prison. On
November 21, following Garcia's 12-day hunger strike to protest his
continued detention, the court granted him conditional release pending
trial. On August 31, the IACHR's special rapporteur for freedom of
expression condemned the government's actions regarding Sexto Poder,
stating that these events ``are opposite to regional standards in the
field of freedom of expression and have an effect of intimidation and
self-censorship, which compromises not only the people directly
affected but also all the media in Venezuela."
The government also exercised control over content through
licensing and broadcasting requirements. CONATEL acted selectively on
applications by private broadcasters for renewal of their broadcast
frequencies. The press reported that approximately 250 radio stations
operated with lapsed licenses despite having submitted timely renewal
applications to CONATEL years earlier. In an October 31 interview,
radio journalist Marta Colomina, a government critic, claimed that she
had been fired from the independent Union Radio in mid-October because
of government pressure on the station's owners, who were concerned
about being able to renew the expired licenses of 30 radio stations in
their network. Colomina claimed the government was trying to provoke
self-censorship in the media ``to substitute reality with the fiction
of a happy world.'' During the year CONATEL closed 27 privately owned
FM radio stations, charging that they were pirate stations operating
illegally or had not complied with administrative or tax obligations.
While some station owners publicly denied those allegations, the press
quoted the president of the Venezuelan Chamber of Radio Broadcasting as
saying that the chamber was ``satisfied by the measures adopted by the
national government against the so-called clandestine stations."
On January 21, privately owned cable station RCTV, previously
registered as an international audiovisual producer, applied to CONATEL
to register as a national audiovisual producer and thereby resume its
cable and satellite broadcasts. Cable operators had ceased broadcasting
RCTV in January 2010 after CONATEL reclassified it as a ``national
audiovisual producer'' and then alleged it was violating the
requirement of national producers to provide live coverage of mandatory
government broadcasts (cadenas), including most speeches by President
Chavez. CONATEL had not acted on RCTV's application by year's end. In
August RCTV launched an Internet radio station.
On August 13, the TSJ rejected a request for an injunction against
radio frequency 102.3, which had been reassigned from the privately
owned National Belfort Circuit (CNB) to the National Assembly in 2009.
The TSJ denied the CNB's claim that the reassignment of the frequency
was intended to ``silence a dissident voice'' and claimed that the CNB
petitioners could express their opinions in other media. CNB's appeal
of the decision to reassign the frequency remained pending at year's
end.
National Security.--The government sought to exercise control over
the press through the Center for National Situational Studies (CESNA),
established in June 2010. This government entity, under the
jurisdiction of the Ministry of Interior and Justice, is responsible
for ``compiling, processing, and analyzing'' both government-released
and other public information with the objective of ``protecting the
interests and objectives of the state.'' The National Journalists
Association (CNP) and five domestic NGOs publicly expressed concern
about the potential for abuse and censorship on national security
grounds by CESNA. In July 2010 Public Space, the CNP, and the National
Union of Press Workers filed a complaint with the TSJ contesting the
constitutional basis for the formation of CESNA. On November 30, the
TSJ's constitutional chamber remanded the case to the political-
administrative chamber, ruling that the complaint did not raise
constitutional questions. The chamber argued that the presidential
decree establishing the CESNA did not represent an exercise of
constitutional authority, but rather of legal authority derived from
the Organic Law on Public Administration. The case remained pending
with the political-administrative chamber at year's end.
Nongovernmental Impact.--The domestic media watchdog NGO Public
Space reported that, as of September 30, the government was responsible
for 68 percent of the 140 reported violations of freedom of expression
during the previous nine months. Public Space received 159 such
violations during the same period in 2010. Violations included physical
attacks, threats and intimidation, censorship, verbal and judicial
harassment, and administrative restrictions. The NGO Press and Society
Institute reported 75 physical attacks on journalists in 2010 and 2011.
The widespread violence in the country made it difficult to determine
whether attacks resulted from common criminal activity or were
specifically directed against members of the media.
Notable examples of attacks against journalists and media outlets
were:
On May 17, the body of El Clarin columnist and opposition political
activist Wilfred Ojeda Peralta was found in Aragua State. He had been
bound, beaten, hooded, and shot in the head. On May 23, the IACHR's
Office of the Special Rapporteur for Freedom of Expression condemned
the killing and asked the authorities ``not to discount the possibility
that the murder was motivated by Ojeda's journalistic work.'' On June
29, the CICPC reported they had identified the perpetrators as two
brothers, Gabriel and Jesus Rafael Prieto Araujo, who allegedly killed
Ojeda in a personal dispute over a debt.
On July 31, several assailants attacked the headquarters of Vive TV
in Zulia State in a drive-by shooting that wounded a security guard and
a police officer. The station's president claimed the attack was
intended to intimidate the government-owned television station. He
claimed the station's reporting was ``inconvenient for certain sectors
because we have dealt with fundamental issues, such as the demarcation
of indigenous lands, production in private enterprises, among others.''
In an August 3 press release, the IACHR's Office of the Special
Rapporteur for Freedom of Expression condemned the act ``of violence
and intolerance.'' According to press reports, the CICPC traced the
assault to the ``Untouchables'' gang, which was allegedly involved in
extorting local businesses. CICPC officials claimed that two
individuals involved in the Vive TV attack were killed in a shoot-out
with police on August 3.
Regarding cases that occurred in prior years:
On March 29, the court sentenced Walter Perez Canizalez and Yorman
de Jesus Elias to 16 years' imprisonment for the March 2010 killing of
Israel Marquez, the director of the newspaper Diario 2001.
On March 25, the court sentenced Oscar David Cabrera Fernandez to
15 years' imprisonment for the January 2010 killing of Diario Panorama
Director Wilmer Ferrer.
On July 27, the court ordered to trial Walid Makled, who was
indicted as the ``intellectual author'' of the 2009 killing of
investigative journalist Orel Sambrano. Three other individuals
previously had been charged in connection with Sambrano's killing:
former Carabobo police officer Rafael Segundo Perez, convicted in May
2010 and sentenced to 25 years' imprisonment, and Jose Duque Daboin and
David Antonio Yanez Inciarte, who remained detained pending completion
of their trials.
Internet Freedom.--There were no government restrictions on access
to the Internet, and individuals and groups could engage in the
expression of views via the Internet, including by e-mail. However,
under the reformed RESORTE law, Internet providers are subject to
government regulations. The law prohibits the dissemination of messages
or information that could incite violence, promote hatred and
intolerance, lead to crime or murder, foment anxiety in the populace or
disturb public order, or be considered disrespectful of public offices
or officeholders. It puts the burden of filtering electronic messages
on service providers, provides that CONATEL can order them to block
access to Web sites that violate these norms, and sanctions them with
fines for distributing prohibited messages. Human rights and media-
freedom advocates complained that the law further limited freedom of
expression. Following the December 2010 enactment of the law, IAPA
stated that the RESORTE and telecommunications laws tried to ``put a
tombstone on freedom of press and expression.'' On January 21, the
Alliance for Free Expression, composed of 14 organizations and
universities involved in human rights and press freedom issues,
condemned the laws as ``antidemocratic and unconstitutional'' for
``limiting even more the right to free and plural communication that
the constitution guarantees for all Venezuelans."
During the year some NGOs, members of the opposition, and
government critics expressed concern that the government monitored e-
mails and Web searches. On September 7, Public Space publicly
complained that, from August 31 to September 7, the social networking
sites and e-mails of political figures, civil society activists,
writers, and journalists had been hacked. According to the NGO, social
network identities were usurped and personal communications and
messages were broadly disseminated, some in government-controlled
media. Twitter accounts of several opposition figures were hacked and
began disseminating progovernment messages.
Public Space called for the government to investigate and punish
the hackers. In a September 2 communique, the group #N33 claimed
responsibility for the hacking attacks and absolved the government of
any responsibility. The group justified the attacks by claiming that
the individuals who had been hacked had used their Twitter accounts to
``attack in different forms the solemnity of our institutions and, more
specifically, that of the chief of state.'' The group pledged to
continue the cyber attacks. In November there was a similar outbreak of
cyber attacks. By year's end the government had taken no action to
investigate or punish those responsible for these incidents.
Academic Freedom and Cultural Events.--There were some government
restrictions on academic freedom and cultural events. However, on
January 4, President Chavez announced he would not sign into law the
controversial University Education Law that the National Assembly had
adopted in December 2010, which would have eliminated the principle of
university autonomy and established the construction of socialism as
the goal of higher education.
Students alleged that the government retaliated against opposition-
oriented autonomous universities by allocating budgets significantly
below the annual 25-30 percent inflation rate, forcing cutbacks in
student services and financial support. Between February 23 and March
26, at least 30 students in several cities engaged in a hunger strike
in favor of a ``just university budget,'' with several sewing their
lips together as part of the protest. The hunger strike ended after the
Ministry of University Education agreed to increase the number and
financial amount of student scholarships and to negotiate issues
involving university services and employee salaries.
Government supporters sometimes disrupted university classes,
marches, and rallies and used violence and intimidation to protest
university policies and to discourage opposition students from
political participation.
On June 17, in Maracay, Aragua State, members of the progovernment
Tupamaro and Bolivarian Circle militant groups attacked students and
university employees who were demonstrating to demand the university
pay workers' back pay. Three students and two workers were reportedly
injured in the confrontation. There was no reported government
investigation of the attack.
On December 9, a group of masked individuals violently interrupted
the vote-counting process during the student leadership elections at
the Central University of Venezuela (UCV). The assailants detonated
pipe bombs that damaged a section of the university, released tear gas,
and destroyed vote-counting equipment. The attack caused the
university's election authorities to reschedule the elections in two of
the departments where voting had not yet concluded and to delay the
release of the rest of the results, which overwhelmingly favored
opposition-affiliated over progovernment candidates. UCV Rector Cecilia
Garcia Arocha criticized the government's lack of investigation of
previous attacks against the university and said the impunity provoked
further attacks.
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.
Human rights groups continued to criticize the 2005 penal code
revision for its strict penalties on some forms of peaceful
demonstration. PROVEA expressed concern over the law's
``criminalization'' of protests and noted that between October 2010 and
September 2011, government security forces impeded or repressed 3
percent of the 4,472 peaceful demonstrations that were reported to have
taken place, compared with 4.6 percent of the 3,315 protests that
occurred during the preceding 12-month period.
During the year government security forces used tear gas, water
hoses, and rubber bullets to suppress peaceful protests. According to
press reports, in April a group of students chained themselves to a
fence surrounding a courthouse in Barinas State to call for the release
of imprisoned General Delfin Gomez Perez, whom the government had
arrested in 2006 on corruption charges the students alleged were
politically motivated. After 19 days, police dispersed the students
using pellet guns and tear gas. According to press reports, four
students suffered injuries from pellets shot at close range and 10
students sustained other injuries.
Freedom of Association.--While the constitution provides for
freedom of association and freedom from political discrimination, the
government only partially respected this right. Although indicating
that professional and academic associations generally operated without
interference, the associations complained that the National Electoral
Council (CNE), which is responsible for convoking all elections and
establishing dates and procedures for them, repeatedly interfered with
their attempts to hold internal elections.
c. Freedom of Religion.--See the Department of State's
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 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 U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
Protection of Refugees.--Access to Asylum.--The constitution
recognizes the right to asylum and refuge, and laws provide for the
granting of asylum or refugee status. 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.
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.--Recent Elections.--In
September 2010 voters elected 165 deputies to five-year terms in the
National Assembly; voter participation reached 66.5 percent. Voters
also elected 12 deputies to the Latin American Parliament
(``Parlatino''). The CNE did not invite international election
monitoring missions to observe the electoral process. However, domestic
electoral observers and opposition political leaders generally
considered the elections free and fair despite scattered delays due to
problems with old voting machines, generalized reports of improper
electioneering by the official PSUV party, and isolated examples of
voter intimidation.
One CNE rector and opposition political parties criticized the
electoral law and the electoral redistricting for allegedly violating
the constitutional principle of proportionality. Opposition parties
claimed the changes led to PSUV candidates winning approximately 59
percent of the National Assembly seats (98) despite winning only 49
percent of the national vote. Opposition candidates won approximately
40 percent of the seats (65) with 48 percent of the national vote. A
third party won the remaining two seats with approximately 3 percent of
the vote.
One CNE rector and the domestic electoral observation NGO Ojo
Electoral also criticized the government's partisan use of state-owned
media in the months before the election and during the official month-
long campaign period. The NGO specifically cited the CNE's failure to
enforce its regulations providing for ``equality of conditions'' in
access to the media, especially the president's use of frequent and
lengthy mandatory broadcasts (cadenas) for partisan campaign purposes.
Political Parties.--In December 2010 the outgoing National Assembly
enacted two laws that restrict the freedom of National Assembly
deputies:
The Law on Political Parties, Public Meetings, and Demonstrations
prohibits deputies from voting against legislation proposed by the
political organization that supported their candidacies; ``making
common cause'' with ``contrary'' positions, parties, or organizations;
and changing parliamentary blocs. At the request of 0.l percent of the
voters and upon the approval of a simple majority of the deputies, the
comptroller general can penalize a deputy for ``fraud against the
electorate'' with disqualification from public office. Critics claimed
the law violates Article 201 of the constitution, which provides that
deputies are subject only to their consciences and that their votes are
``personal.'' No deputies were sanctioned under this law during the
year.
The Law on Internal Rules and Debate reduces the amount of time a
deputy can speak on the floor, lowers the threshold necessary to
sanction a deputy for violating the rules of debate, and restricts
access by private television stations to the National Assembly.
Throughout the year opposition deputies and independent journalists
repeatedly criticized the lack of access to the National Assembly for
independent media. On June 21, the CNP called on ANTV television, which
has the exclusive right to televise the National Assembly, to provide
unbiased coverage of parliamentary proceedings. Based on a content
analysis of ANTV's broadcasts, the NGO Legislative Monitor claimed on
September 15 that ANTV rarely broadcast opposition deputies' views,
named them only when they were being discredited, and always linked
them with plans to destabilize the country. The NGO called on the
National Assembly to restore open media access to parliamentary
sessions.
The constitution provides for parliamentary immunity for anyone
elected to the legislature ``from the time of their proclamation until
the end of their term or resignation,'' and opposition Deputies-elect
Richard Blanco and Hernan Aleman were sworn into office despite pending
legal charges against them. However, on January 5, imprisoned
opposition Deputies-elect Jose ``Mazuco'' Sanchez and Biaggio Pilieri
were prevented from taking office (see sections 1. c. and 1.e.).
Sanchez's alternate, Nora Bracho, was sworn into office and legislated
in his absence. Pilieri was released from prison on February 23 and
sworn into office the following day.
Opposition political parties operated in a restrictive atmosphere,
which was characterized by intimidation, the threat of prosecution or
administrative sanction on questionable charges, prohibitions against
receiving resources from any non-Venezuelan person or entity, and
restricted media access because of the smaller number of independent
television and radio stations (see section 2.a.). Throughout the year
the Public Ministry and the National Assembly threatened to open or
reopen investigations against leading opposition political figures,
including presidential candidates Henrique Capriles Radonski, Pablo
Perez, and Leopoldo Lopez, on charges ranging from corruption to human
rights abuses by police in their jurisdictions. On September 28, the
progovernment majority in the National Assembly decided to open an
investigation against opposition Governor Henri Falcon for his failure
to increase teachers' salaries and for alleged corruption in several
tenders during his tenure as mayor of Iribarren and governor of Lara
State. Earlier in the year, the Public Ministry had opened an
investigation of Falcon on similar charges. Falcon claimed the
government was seeking a way to disqualify him administratively from
running for reelection in 2012. Falcon had left the progovernment PSUV
party to join an independent party in 2010.
On September 1, in the case of Leopoldo Lopez (see section 1.e.),
the IA Court ruled that administrative disqualification from public
office absent a trial and conviction violated the American Convention
on Human Rights. On October 17, the TSJ formally rejected the IA
Court's decision, including its order to revise the law that authorizes
administrative disqualifications for alleged corruption. However, the
TSJ president stated that Lopez could ``register and participate freely
in elections'' but not necessarily hold public office if elected.
According to the Office of the Comptroller General, as of November the
comptroller general had administratively disqualified 116 people during
the year; 343 individuals in total were subject to administrative
disqualifications at year's end.
On November 8, former National Assembly deputy Wilmer Azuaje pled
guilty and was sentenced to 12 months of supervised parole for
physically attacking a female CICPC officer in March 2010 and harassing
his former spouse in 2009. Azuaje had previously criticized his
prosecution as politically motivated.
Participation of Women and Minorities.--The National Assembly that
took office on January 5 had 26 female deputies. During the year women
headed three of the five branches of government (judicial, electoral,
and citizen) and occupied 12 of the 31 cabinet positions. There were 13
women among the 32 justices on the TSJ.
The constitution reserves three seats in the National Assembly for
indigenous persons. Three deputies were elected for these seats in the
September 2010 elections. There was one indigenous member of 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 or
impartially and frequently investigated and prosecuted its political
opponents selectively on corruption charges to harass, intimidate, or
imprison them. The press reported that officials engaged in corrupt
practices with impunity.
The Comptroller General's Office is responsible for investigating
and administratively sanctioning corruption by public officials. The
Public Ministry investigates and criminally prosecutes individuals and
entities in the public and private sectors for corruption. The National
Assembly can order the Public Ministry to undertake investigations. The
Public Ministry and the Public Defender's Office investigate abuses by
police and military officials.
The NGO Transparency Venezuela reported that between 2004 and 2010,
the government had fulfilled four, and made some progress on 12, of the
113 recommendations that the Mechanism for Follow-Up on the
Implementation of the Inter-American Convention against Corruption had
made to improve government transparency and fight corruption. The NGO
reported no progress on the remaining 97 recommendations. Transparency
International's 2011 report reflected a perception that the public
sector was highly corrupt.
During his March 15 appearance before the National Assembly to
present his annual report, Comptroller General Clodosbaldo Russian
acknowledged corruption in the government's housing construction
program, paralysis in public works projects, the loss or deterioration
of state-owned property, expired medications and rotten food in
government warehouses, and minimal accountability over the funds
transferred from the national government to community councils.
During the year the comptroller general sanctioned 157 public
officials for alleged corruption: 116 were administratively
disqualified from holding public office, 36 were suspended from their
jobs, and five were dismissed (see section 3).
Although the Public Ministry said that corruption was ``one of the
phenomena that most affects national development,'' the Public Ministry
dismissed or suspended 81 percent of its corruption-related cases in
2010, according to its annual report. The Public Ministry reported it
had closed 3,210 cases involving corruption in both the private and
official sectors: 596 resulted in indictments, 2,443 were dismissed,
and 171 were suspended.
The Public Ministry and the Public Defender's Office also
investigate abuses by police and military officials. Corruption was a
major problem in all police forces, whose members were generally poorly
paid and minimally trained. Impunity for corruption, brutality, and
other acts of violence were major problems explicitly acknowledged by
some government officials (see section 1.d.). There was no information
publicly available about the number of investigations, prosecutions,
and convictions of police and military officials during the year.
One example of high-level corruption involved Rafael Ramos de la
Rosa, a government-appointed trustee for two stock brokerage firms, Uno
Valores and Italbursatil. Ramos had been appointed as a receiver by the
National Securities Superintendency. He was charged in the Southern
District Court of Florida in October 2010 on allegations he came to
Miami, Florida, to collect a $1.5 million extortion payment from the
former owner of Uno Valores. He pled guilty on July 4 to charges of
extortion and conspiracy to obstruct foreign commerce.
On November 7, after an 18-month detention, the court conditionally
released, pending trial, the three defendants charged in the June 2010
``Pudreval'' scandal, in which thousands of tons of decomposed food
were found at government warehouses throughout the country. The food
had been intended for distribution through the government's subsidized
food programs. The individuals charged were current or former employees
of PDVAL, the food import and distribution unit of the state oil
company, PDVSA: director Luis Pulido Lopez, former executive director
of operations Mercedes Vilyeska Betancourt Pacheco, and former general
manager Ronnal Jose Flores Burgillo. The court had suspended or
deferred the trial 24 times, annulled the original proceedings and
ordered a retrial in a different court, and recused four judges in the
case, including one who had reduced the charges against the defendants.
On August 31, former opposition governor Didalco Bolivar returned
to the country and was detained in connection with outstanding 2009
charges for ``irregularities in the exercise'' of his official
responsibilities. On September 15, the court released Bolivar on
conditional parole pending a review of his case. Shortly after his
release, in interviews with government-controlled media, Bolivar
publicly denounced several prominent opposition figures, including
National Assembly Deputy Ismael Garcia, for alleged corruption. Garcia
denied the allegations, claimed Bolivar was ``following the
government's playbook,'' and contrasted the Public Ministry's prompt
response to Bolivar's accusations with the lack of any official
investigation into his various allegations of corruption by government
officials.
Public officials as well as all directors and members of the board
of private companies are required to submit sworn financial disclosure
statements pursuant to the Organic Law on the Comptroller General of
the Republic and the National Fiscal Control System and the Law against
Corruption, respectively (see section 3).
The law provides for citizen access to government information.
However, human rights groups reported that the government routinely
ignored this requirement. During an October 25 hearing before the
IACHR, NGOs denounced the difficulties in accessing public information.
Public Space claimed it had submitted 65 requests for information
related to human rights since August, 84 percent of which had received
no response. The CNP president stated that between January and
September, there were 21 complaints of limitations in access for
independent media to sources of public official information. He stated
that independent media could not access government and police offices,
PDVSA installations, government press conferences, or even public
hospitals, markets, and shelters. He claimed that ``the pattern simply
consists of impeding access, expelling or attacking [the journalists],
and alleging that access requires a permit."
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of independent domestic and international human rights
groups generally operated with some government restrictions. Major
domestic human rights NGOs conducted investigations and published their
findings on human rights cases. Government officials were not
cooperative or responsive to their views.
Many domestic NGOs reported government threats and harassment
against their leaders, staff, and organizations. For example, on June
18, Minister of Interior and Justice El Aissami publicly blamed OVP
Director Humberto Prado for fomenting the riot at the El Rodeo
Penitentiary (see section 1.c.). Following El Aissami's statement, a
blog published Prado's personal details, including his address and
private telephone numbers. The blog entry concluded by warning that,
``Soon, we'll publish information about the family. so the people can
judge whether he deserves the death penalty.'' The Web sites of state
news agencies claimed that Prado was working with opposition-oriented
human rights groups and ``right-wing political leaders'' to use the
inmates to generate ``chaos and blame the government.'' On June 22,
Prado's wife received an anonymous telephone call saying that her
husband would be ``the next one to fall."
The government threatened NGOs with criminal investigations for
allegedly illegal receipt of foreign funds. In December 2010 the
National Assembly adopted the Law on the Defense of Political
Sovereignty and National Self-Determination, which prohibits
individuals, political organizations, or organizations involved in the
defense of ``political rights'' from receiving resources from any non-
Venezuelan person or entity. The law penalizes individuals and
organizations with fines and/or a potential five- to eight-year
disqualification from running for political office. The law defines
political organizations as those involved in promoting citizen
participation, exercising control over public offices, and promoting
candidates for public office. Organizations involved in the defense of
political rights include those that ``promote, disseminate, inform, or
defend the full exercise of the political rights of citizens.'' The law
also prohibits foreign nationals sponsored by Venezuelan individuals or
political organizations from ``issuing opinions that offend the
institutions of the state, its high officials or go against the
exercise of sovereignty."
The government did not investigate or sanction any organization
pursuant to this law during the year. However, on July 25, the
president of the NGO Committee of Family Members of the Victims of the
Events that occurred between February 27 and the first days of March
1989 reported that the civil registry office denied the registration
applications of five NGOs because their stated purposes included the
words ``democracy,'' ``human rights,'' or ``civil and political
rights"; the officials reportedly claimed they were acting under
orders.
In the report prepared by the U.N. Office of the High Commissioner
for Human Rights in preparation for the UPR, UNESCO noted that the
limitations contained in the new law ``could affect the stability of
NGOs that received international funds and did not have any other
income."
U.N. and Other International Bodies.--During the year the
government expressed hostility toward international human rights bodies
(see section1.e.). The government again refused to permit a visit by
the IACHR, which has not visited the country since 2002. However,
following an October 6 meeting with U.N. High Commissioner for Human
Rights Navi Pillay, Solicitor General Carlos Escarra announced that ``a
visit by Pillay is expected'' in 2012.
In response to the April 14 release of the IACHR's annual report
for 2010, German Saltron, the government's representative to the
organization, said there was ``nothing new'' in his country's inclusion
on the IACHR's ``black list.'' The report expressed concern about
freedom of expression, the lack of judicial independence, harassment of
human rights defenders and journalists, prison violence, the high level
of social violence, and the Enabling Law, which it considered
``incompatible'' with the American Convention on Human Rights (see
section 3). On October 7 and 12, the government participated in the
U.N. Human Rights Council's UPR of Venezuela. The government received
148 recommendations, of which it accepted 95, rejected 38, and deferred
15. It accepted recommendations related to police, prisons, and social
services, and it rejected recommendations made by certain delegations
regarding respect for the independence of the judiciary, freedom of
expression, and civil society. The foreign minister claimed that the
NGOs that criticized the country during the UPR were paid for by the
``empire'' (the United States). Several countries received diplomatic
notes from the Foreign Ministry that expressed concern about their
criticisms during the UPR and suggested that these statements could
affect their bilateral relationships.
Government Human Rights Bodies.--Although the public defender,
appointed by the National Assembly, is responsible for ensuring that
citizen rights are protected in a conflict with the state, human rights
NGOs claimed that the Public Defender's Office was not independent and
rarely acted on public interest cases. The NGOs also alleged that the
public defender was chosen in 2007 in a nontransparent process. Reports
or recommendations issued by the office were not widely available.
According to its 2010 annual report, the Public Defender's Office
considered 27,919 complaints during that year, of which 12,582 related
to human rights.
The National Assembly's subcommission on human rights played an
insignificant role in human rights debates.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, sexual
orientation, disability, language, or social status; however,
discrimination against women, persons with disabilities, and indigenous
persons and discrimination based on sexual orientation were problems.
On August 22, the National Assembly passed the Organic Law against
Racial Discrimination, which President Chavez signed into law on
December 19. The law aims to eliminate all forms of racial
discrimination, creates a new National Institute against Racial
Discrimination to enforce the law, and provides for up to three years'
imprisonment for acts of racial discrimination.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, making it punishable by a prison term of eight
to 14 years. However, cases often were not reported to the police due
to fear of social stigma and retribution, particularly in light of
widespread impunity. There were no reliable statistics on the incidence
of, or prosecutions or convictions for, rape. A man may avoid
punishment by marrying. before he is sentenced, the person he violated.
Women faced substantial institutional and societal prejudice with
respect to reporting rape and domestic violence.
The law criminalizes physical, sexual, and psychological violence
in the home, the community, and at work. The law punishes perpetrators
of domestic violence with penalties ranging from six to 27 months in
prison. The law requires police to report domestic violence to judicial
authorities and obligates hospital personnel to notify the authorities
when admitting patients who are victims of domestic abuse. Police
generally were reluctant to intervene to prevent domestic violence. The
law also establishes women's bureaus at local police headquarters and
tribunals specializing in gender-based violence. As of October there
were 43 prosecutors with exclusive responsibility for dealing with such
crimes. On September 13, Prosecutor General Luisa Ortega Diaz
established a separate Department for the Defense of Women within the
Public Ministry.
However, violence against women continued to be a problem. On
September 14, Dizlery Cordero, the director for the defense of women in
the Public Ministry, said the ministry received an average of 15 to 45
complaints related to gender violence daily. In its 2010 annual report,
the Public Ministry reported it had filed formal charges in 6,530 (12
percent) of the 54,170 cases involving gender violence it closed during
the year. As of October the prosecutor general reported that the Public
Ministry had received 95,877 complaints of gender violence. The press
reported on October 9 that according to unofficial statistics from the
Prosecutor General's Office, 501 women died as a result of domestic
violence during the year.
The government sought to combat domestic violence through public
awareness campaigns and training programs. For example, the press
reported that on January 20 and 21, more than 90 police officers took
part in training to help them better assist victims of domestic
violence. The Public Ministry conducted a series of workshops on
violence against women between August and December.
Sexual Harassment.--Sexual harassment is illegal and punishable by
a prison sentence of one to three years. Although allegedly common in
the workplace, sexual harassment cases were rarely reported.
Reproductive Rights.--Couples and individuals have 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 generally
given equal access to diagnostic services and treatment for sexually
transmitted infections. The U.N. Population Fund reported that skilled
health personnel attended 95 percent of births and that 62 percent of
women and girls ages 15 to 49 used a modern method of contraception.
Discrimination.--Women and men are legally equal in marriage, and
the law provides for gender equality in exercising the right to work.
The law specifies that employers must not discriminate against women
with regard to pay or working conditions. According to the Ministry of
Labor and the Confederation of Workers, these regulations were enforced
in the formal sector, although women reportedly earned 40 percent less
than men on average. The Ministry of Women worked to protect women's
rights but did not make statistics publicly available.
The law provides women with property rights equal to those of men.
In practice, however, women frequently waived these rights by signing
over the equivalent of power of attorney to their husbands.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory. According to UNICEF, thousands of
children were not officially registered at birth.
Child Abuse.--According to UNICEF and NGOs working with children
and women, child abuse, including incest, occurred but was rarely
reported. According to a National Institute for Statistics (INE)
survey, 5 percent of victims of sexual abuse were children. Although
the judicial system acted to remove children from abusive households,
public facilities for such children were inadequate and had poorly
trained staff.
Under the law sexual relations with a minor under age 13 or an
``especially vulnerable'' person, or with a minor under age 16 when the
perpetrator is a relative or guardian, are punishable with a mandatory
sentence of 15 to 20 years' imprisonment. The law prohibits inducing
the prostitution and corruption of minors. Penalties range from three
to 18 months in prison and up to four years in prison if the minor is
younger than 12 years old. If the crime is committed repeatedly or for
profit, it is punishable by three to six years' imprisonment. Prison
sentences for inducing a minor into prostitution increase by up to five
years if various aggravating circumstances occur. Penalties for several
crimes relating to child prostitution do not apply if the perpetrator
marries the victim.
Sexual Exploitation of Children.--There were isolated reports of
commercial sexual exploitation of children during the year. For
example, in February local media reported that law enforcement
officials took 11 girls who had been forced into prostitution in
Caracas to a government shelter for victims of sexual abuse; they
arrested the alleged traffickers. The law prohibits the production and
sale of child pornography and establishes penalties of 16 to 20 years'
imprisonment. There was no publicly available information regarding the
number of investigations or prosecutions of cases involving the
commercial sexual exploitation of minors or child pornography.
According to a March 2010 announcement by the Public Ministry, a
total of 67 prosecutors were assigned to handle cases specializing in
the protection of children.
Displaced Children.--The NGO For the Rights of Children and
Adolescents estimated that 15,000 children lived on the streets.
Authorities in Caracas and several other jurisdictions imposed curfews
on unsupervised minors to attempt to cope with this problem, but with
institutions filled to capacity, hundreds of children accused of
infractions, such as curfew violations, were confined in inadequate
juvenile detention centers. The government's social-service mission,
Mission Negra Hipolita, reported providing assistance to 6,112 street
children and homeless persons during the year. According to the public
defender, there are 243 public and private institutions for children
abandoned or removed from dangerous home situations. These institutions
lacked specialized personnel and adequate space and materials.
International Child Abduction.--The country is a party to the 1980
Hague Convention on Civil Aspects of International Child Abduction.
Anti-Semitism.--There were widespread reports of societal abuses or
discrimination based on religious affiliation, belief, or practice,
including anti-Semitism.
There were an estimated 9, 000 Jews in Venezuela. Jewish community
leaders publicly expressed concern about numerous anti-Semitic
statements in the official media and by President Chavez. For example:
On May 24, Jewish leaders filed a formal protest with the
Prosecutor General's Office over the ``incitement to hate'' contained
in an April 4 broadcast on the government-owned Radio del Sur. In that
broadcast the station's director, Cristina Gonzalez, promoted the
Protocols of the Elders of Zion as a ``must-read.'' On May 9, the
government announced Gonzalez had been replaced as the director for
unspecified reasons; however, she continued to have two radio programs
on the state-owned Radio Nacional de Venezuela.
On September 17, in a letter to U.N. Secretary-General Ban-Ki Moon
in support of Palestinian statehood, President Chavez denounced Israel
for committing ``genocide'' and ``ethnic cleansing'' of Palestinians
and called Zionism ``racism."
On July 14, a court sentenced six of the 11 defendants to 10 years
in prison for the 2009 vandalism and desecration of the Tiferet Israel
Synagogue in Caracas. The trial of the remaining five defendants began
on July 15 and continued at year's end. The defendants were accused of
conspiracy, aggravated theft, concealing weapons, religious disrespect,
and embezzlement.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in education,
employment, health care, and the provision of other state services, but
the government did not make a significant effort to implement the law,
inform the public of it, or combat societal prejudice against persons
with disabilities. The law requires that all newly constructed or
renovated public parks and buildings provide access, but persons with
disabilities had minimal access to public transportation, and ramps
were practically nonexistent. Online resources and access to
information were generally available to persons with disabilities. The
National Commission for Persons with Disabilities (Conapdis), an
independent agency affiliated with the Ministry for Participation and
Social Development, and the Mission Jose Gregorio Hernandez advocate
for the rights of persons with disabilities and provide them with
medical, legal, occupational, and cultural programs. Through the new
Mission for the Children of Venezuela, announced on November 25, the
government has undertaken to provide monthly subsidies of BsF 600
($140) to heads of households for each disabled child or adult whom
they support.
Indigenous People.--The law prohibits discrimination based on
ethnic origin, and senior government officials repeatedly stated
support for indigenous rights. Many of the country's approximately
300,000 indigenous persons were isolated from urban areas, lacked
access to basic health and educational facilities, and suffered from
high rates of disease. The government included indigenous persons in
its literacy campaigns, in some cases teaching them to read and write
in their native languages as well as in Spanish.
The law provides for three seats in the National Assembly for
deputies of indigenous origin and for ``the protection of indigenous
communities and their progressive incorporation into the life of the
nation.'' Nonetheless, NGOs and the press reported that local political
authorities seldom took account of indigenous interests when making
decisions affecting indigenous lands, cultures, traditions, or the
allocation of natural resources. Indigenous persons called on the
government to recognize lands traditionally inhabited by them as
territories belonging to each respective indigenous group. The Yukpa
indigenous group also called on the National Assembly to recognize the
jurisdiction of indigenous courts to handle criminal cases involving
its members.
Conflict between cattle ranchers/landowners and indigenous persons
occurred sporadically. Civil society organizations criticized a
government land-transfer program, which gave private dairy farms in
Zulia State to the Yukpa indigenous group, for causing tension and
violence in the region. On August 8, approximately 100 Yukpa invaded a
private dairy farm in the Sierra de Perija region in the western part
of the country to protest the government's failure to demarcate
indigenous lands. After 12 days, the government sent National Guard
members to remove the squatters. The government promised to activate
committees composed of representatives of the government, indigenous
communities, and landowners to implement the land demarcation agreement
reached after a violent 2008 land invasion. On October 12, independent
of the demarcation agreement, President Chavez expropriated
approximately 39,000 acres of land in Zulia State, which included 25
private ranches, for the benefit of the Yukpa. He also created an
``indigenous socialist'' mission, Mission Guaicaipuro, to oversee the
land transfer and incorporate Bolivarian social programs in indigenous
communities.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution provides for
equality before the law of all persons and prohibits discrimination
based on sex or social condition. On this basis the Supreme Court has
ruled that no individual may be discriminated against by reason of
sexual orientation.
Violence against lesbian, gay, transgender, and bisexual (LGBT)
communities reportedly occurred during the year, although nationwide
statistics were unavailable. The media and leading advocates for the
rights of LGBT persons noted that victims of hate crimes based on
sexual orientation frequently did not report the incidents and were
often subjected to threats or extortion if they did file official
complaints.
In its report to the U.N. Human Rights Council in preparation for
the UPR, the NGO Diversity and Sexual Equality claimed that, based on
750 interviews conducted in 2008, more than 50 percent of lesbians and
gays reported suffering from societal violence or police abuse, and 83
percent of transgender persons reported having been victims of violence
or other abuse. The report also stated that the government
systematically denied legal recognition to transgender persons by
preventing them from obtaining identity documents required for
accessing education, employment, housing, and health care.
During the first six months of the year, the press reported that
four transgender sex workers had been killed in Caracas: Jesus Nazaret
Rondon, Luis Alberto Bravo, ``Rubi,'' and ``Samantha.'' The CICPC
detained one suspect in Rondon's killing and three members of the
``Prince'' gang for the killings of Rubi, Samantha, and Bravo. The
press reported the ``Prince'' gang extorted transsexuals who worked in
the Libertador area of Caracas.
Other Societal Violence or Discrimination.--According to the
comprehensive study on ``The Right to Non-Discrimination for HIV in
Venezuela'' by the NGO Solidarity Action, based on a June-November 2010
survey of 1,332 persons diagnosed with HIV/AIDS, 82 percent of those
polled reported ``not receiving equal treatment'' because of their HIV/
AIDS status, and 22 percent claimed to have experienced acts of
discrimination or violence, even in health centers. Only 22 percent
reported filing complaints regarding this discrimination with
government authorities. The study reported that 73 percent of HIV/AIDS
patients had told only their doctor of their medical condition for fear
of discrimination or harassment. Solidarity Action concluded that the
stigmatization and discrimination discouraged testing and early
diagnosis and treatment, made it impossible ``to achieve greater
advances in the national response to HIV,'' and ``negatively affected .
the exercise of their freedoms in their public as well as personal
lives."
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides that all private and public sector workers (except
armed forces members) have the right to form and join unions of their
choice, and it protects collective bargaining and the right to strike.
However, the law places several restrictions on these rights. Minimum
membership requirements for unions differ based on the type of union. A
minimum of 20 workers is required to form a company union; 40 workers
in the same field to form a professional, industrial, or sectoral union
in one jurisdiction; 150 workers to form a regional or national union;
and 100 independent workers to form a national professional,
industrial, or sectoral union. The law requires that employers may
negotiate a collective contract only with the union that represents the
majority of their workers. Minority organizations cannot jointly
negotiate in cases where no union represents an absolute majority.
Although the constitution and Organic Labor Law recognize the right
of all public and private sector workers to strike in accordance with
conditions established by labor law, other laws establish criminal
penalties for the exercise of this right in certain circumstances. For
example, article 56 of the Organic Law on the Security of the Nation
prohibits and punishes with a five- to 10-year prison sentence anyone
who ``organizes, supports, or instigates the realization of activities
within security zones that are intended to disturb or affect the
organization and functioning of military installations, public
services, industries and basic [mining] enterprises, or the social-
economic life of the country.'' Articles 139 and 140 of the Law for the
Defense of Persons in their Access to Goods and Services provide for
prison terms of two to six years and six to 10 years, respectively, for
those who restrict the distribution of goods and for ``those . who
develop or carry out actions or omissions that impede, either directly
or indirectly, the production, manufacture, import, storing, transport,
distribution, and commercialization of goods.'' Labor activists have
been charged under these provisions as well as under the penal code for
``instigation to commit a crime,'' ``blocking public access,'' and
restriction of the ``right to work."
The constitution prohibits ``any act of discrimination or
interference contrary to the exercise'' of workers' right to unionize.
Replacement workers are not permitted during legal strikes; however,
the president may order public or private sector strikers back to work
and submit their disputes to arbitration if the strike ``puts in
immediate danger the lives or security of all or part of the
population.'' In June the International Labor Organization (ILO) called
on the government to amend the Law for the Defense of Persons in their
Access to Goods and Services to exclude services ``that are not
essential in the strict sense of the term . [and] so that in no event
may criminal sanctions be imposed in cases of peaceful strikes."
The law also places a number of restrictions on unions' ability to
administer their activities. For example, the CNE has the authority to
administer internal elections of labor unions, federations, and
confederations. By law elections must be held at least every three
years. If CNE-administered and -certified elections are not held within
this period, the law prohibits union leaders from representing workers
in negotiations or engaging in anything beyond administrative tasks.
The government did not enforce legal protections in the public
sector. According to PROVEA, while ``the National Institute for
Prevention, Health, and Labor Security improved the inspection
processes and has forced many private businesses to correct dangerous
labor conditions, these demands were not made in a similar manner in
enterprises and entities of the state."
The government placed restrictions on the freedom of association
and right to collective bargaining through administrative and legal
mechanisms. Labor unions complained of long delays in obtaining CNE
concurrence to hold elections and in receiving certification of the
election results, which hindered unions' ability to bargain
collectively because union leaders were not permitted to represent
workers in negotiations. The ILO noted that it repeatedly found cases
of interference in trade union elections by the CNE.
In addition, the government was reportedly responsible for the
creation of many ``parallel'' unions which sought to dilute the
membership and effectiveness of traditional, independent unions. In
general, these new unions were not subject to the same government
scrutiny and requirements regarding leadership elections. For instance,
on November 17, the National Assembly eliminated the requirement for
medical professionals to belong to the Venezuelan Medical Federation
and authorized the establishment of alternative unions. Critics charged
the change was intended to permit graduates of the ``integrated
community doctors'' program, created by the government, to avoid having
to meet the federation's standards and regulations.
On October 10, some employees of the state-owned Venezolana de
Television (VTV) established a new union, the National Socialist Union
of VTV Workers (Sinsotra VTV), as an alternative to the longstanding
union Movement of Organized Workers of Audiovisual Media of Venezuela
(Motormav), which had been unsuccessful in getting the government to
discuss a collective contract. The Motormav secretary general said the
new organization was ``led by the minister of communications and a
group of workers who have turned their backs on the interests of the
employees.'' The new union immediately announced that the minister of
communications had agreed to discuss its less costly collective
contract proposal.
In addition, the government prosecuted and punished union leaders
and members for peaceful protests in defense of their labor rights. For
example:
On February 28, the court sentenced union leader Ruben Gonzalez to
seven and a half years in prison for his role in organizing a 2009
strike at the state-owned iron ore company Ferrominera Orinoco. The
workers were protesting unpaid wages and the company's alleged failure
to comply with other elements of the workers' collective agreement. On
March 3, following protests by labor activists and students, the court
released Gonzalez on the condition he not leave the country and report
to the court every 15 days. In June the ILO called on the government to
drop all charges against Gonzalez and compensate him for damages
suffered. On July 8, Gonzalez publicly claimed the government was
trying to fire him and 16 coworkers from their jobs in ``political
retaliation'' for the strike.
In June the ILO called on the government to immediately release six
PDVSA workers detained since 2009 for their participation in a strike
and to drop the criminal charges against them.
The government continued to refuse to adjudicate or otherwise
resolve the cases of 19,000 PDVSA employees who were fired during and
after the 2002-03 national strike. The Ministry of Labor continued to
deny registration to UNAPETROL, a union composed of these workers. On
May 11, a fired employee, Jesus Malave, died of respiratory failure
after a five-month hunger strike to protest the firings.
Union leaders were subject to violent attacks. PROVEA reported that
36 union leaders and workers were killed between October 2010 and
September 2011. In one notable case, on June 9, progovernment unionist
Renny Rojas was shot at the entrance to the Ferrominera Orinoco plant
in Puerto Ordaz, Bolivar State, where workers were meeting to select a
commission to organize the union's elections. A group of armed men
attacked the meeting participants, killing Rojas and wounding two
others. On August 8, the government accused Rodney Alvarez of
committing the homicide; Alvarez was reportedly affiliated with Ruben
Gonzalez's faction of the union (see above). Gonzalez publicly insisted
that Hector Maican, a government supporter and the union's secretary of
finance, was responsible for Rojas's death. The police initially
detained Maican in connection with the shooting but subsequently
dropped the homicide charge. Alvarez remained in custody pending trial
at year's end.
PROVEA reported that the vast majority of the crimes against
unionists went unpunished. In its report to the ILO Governing Body in
June, the Committee on Freedom of Association expressed its ``grave
concern about the serious allegations of murders of workers and union
officials."
According to PROVEA, ``large sectors of national, state, and
municipal public administrations and an important number of state
enterprises continued to refuse to discuss collective agreements.''
PROVEA also noted the public sector's reliance on contracted employees,
who are not covered by collective agreements. According to PROVEA,
1,800 workers at the National Statistics Institute were contracted
employees, some of whom had been in this status for more than a decade.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. There was no information available
regarding the government's enforcement of the law. There were isolated
reports of trafficking in children for employment purposes,
particularly in the informal economic sector (see section 7.c.).
International organizations and NGOs also reported there were men,
women, and children from Brazil, China, and Colombia subjected to
forced labor, although there was no information available regarding the
extent of the problem.
Also see the Department of State's Trafficking in Persons Report at
www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum employment age at 14 years and permits children
ages 12 to 14 to work only if the National Institute for Minors or the
Ministry of Labor grants special permission. Children ages 14 to 16 may
not work without permission of their legal guardians and may work no
more than six hours per day or 30 hours per week. Minors under the age
of 18 may work only between 6 a.m. and 7 p.m. Minors may not work in
mines, smelting plants, or in other occupations that risk life or
health or could damage intellectual or moral development.
Fines are established for employing children ages eight to 11 and
for employing 12- or 13-year-olds without authorization. Employing a
child younger than eight years of age is punishable by one to three
years' imprisonment. Employers must notify authorities if they hire a
minor as a domestic worker. The law establishes sentences of one to
three years' incarceration for forced child labor.
The Ministry of Labor and the National Institute for Minors
enforced child labor policies effectively in the formal sector of the
economy but less so in the informal sector. There was no information
available on whether or how many employers were sanctioned for
violations.
The Ministry of Education, Culture, and Sports ran educational
programs to reincorporate school dropouts and adults into the
educational system, and the government also continued to provide
services to vulnerable children, including street children, working
children, and children at risk of working. However, there was no
independent accounting of the effectiveness of these and other
government-supported programs.
According to a 2009 UNICEF study, approximately 370,000 children
between the ages of 10 and 17 worked in either the formal or informal
sectors as of 2007; children between the ages of 10 and13 constituted
approximately 18 percent of this total. Most child laborers worked in
the agricultural sector, domestic service, or in small to medium-sized
businesses, most frequently in family-run operations. There were
isolated reports that children were trafficked for exploitation as
domestic servants and forced begging.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--On April 26, the government
announced a 26.5 percent increase in the monthly minimum wage and in
the salaries of all public-sector employees, implemented in two stages,
which raised the minimum wage to BsF 1,548 (approximately $360).
However, the country's recent annual inflation rate was 25-30 percent.
Moreover, the real annual purchasing power of the minimum wage was
reduced with the BsF devaluation from 2.6/$1 to 4.3/$1 for both
essential and nonessential goods. According to the INE, as of August
the monthly basic food basket cost BsF 1,576.11 (approximately $367),
although the NGO Workers' Center for Documentation and Analysis
reported that, for the same month, a basic food basket cost BsF
3,283.55 (approximately $764)--twice the minimum wage.
The law stipulates that the workweek may not exceed 44 hours.
Managers are prohibited from obligating employees to work additional
time, and workers have the right to weekly time away from work.
Overtime may not exceed two hours daily, 10 hours weekly, or 100 hours
annually and may not be paid at a rate less than time-and-one-half. The
constitution establishes the right of workers to paid vacations, and
the Organic Labor Law establishes that after completing one year with
an employer, the worker has a right to 15 days of paid vacation
annually. In subsequent years, the worker has the right to an
additional day for every additional year of service, up to a maximum of
15 additional days annually.
The law provides for secure, hygienic, and adequate working
conditions. Employers are required to report work-related accidents,
and the law obligates employers to pay specified amounts (up to a
maximum of 25 times the minimum monthly salary) to workers for
accidents or occupational illnesses, regardless of who is responsible.
Workplaces must maintain ``sufficient protection for health and life
against sickness and accidents,'' and penalties range from one quarter
to twice the minimum monthly salary for first infractions. Under the
law workers may remove themselves from dangerous workplace situations
without jeopardy to continued employment.
The Organic Labor Law covers all workers including temporary,
occasional, and domestic workers. The Labor Ministry enforced minimum
wage rates and hours of work provisions effectively in the formal
sector, but approximately half the population worked in the informal
sector, where labor laws and protections generally were not enforced.
There was no public information regarding the number of inspectors or
the frequency of inspections to implement health and safety laws.
Ministry inspectors seldom closed unsafe job sites.
While statistics were not publicly available, the press reported
that, in the last five years, 47 workers died while working for state-
owned petroleum, electrical, and mining industries. On April 17, the
press reported one fatality at a government-owned steel plant.
__________
APPENDIX A
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Notes on Preparation of This Report
----------
The annual Country Reports on Human Rights Practices are
based on information available from a wide variety of sources,
including U.S. and foreign government officials; victims of
human rights abuse; academic and congressional studies; and
reports from the press, international organizations, and
nongovernmental organizations (NGOs) concerned with human
rights. We find particularly helpful, and make reference in the
reports to, the role of NGOs, ranging from groups within a
single country to those that concern themselves with human
rights worldwide. While much of the information that we use is
already public, information on particular abuses frequently
cannot be attributed, for obvious reasons, to specific sources.
This report reflects the Department of State's assessments and
concerns with respect to the human rights situation around the
world. The Department of States does not use sources or
information it believes lack credibility.
By law, the Secretary of State must submit the Country
Reports to Congress by February 25. The Country Reports cover
respect for human rights in foreign countries and territories
worldwide. They do not purport to assess any human rights
implications of actions taken by the U.S. government or its
representatives.
To comply with the congressional requirement for the
reporting of human rights practices, we provide guidance to
U.S. diplomatic missions in August for submission in September
and October of draft reports, which we update at year's end as
necessary. Other offices in the Department of State provide
contributions, and the Bureau of Democracy, Human Rights, and
Labor prepares a final draft. Due to the submission deadline,
the report will not reflect developments that became known
after the end of the calendar year. However, in the
introduction to the reports, we may make reference to major
events or significant trends after the close of the calendar
year.
We attempt to make the reports comprehensive, objective,
and uniform in both scope and quality of coverage. We seek to
maintain a high standard of consistency in the reports despite
the multiplicity of sources and diversity of the countries of
the world, but there is also a greater emphasis than in the
past on flexibility in style in the interest of readability. We
also began with the 2011 reports a process of streamlining
them. As a result, there are not as many reported abuses cases,
nor as extensive a follow-up on old but open abuses cases.
Instead, we have selected a few illustrative examples, and we
have adopted the practice of following up only on the previous
year's high-profile open cases.
Evaluating the credibility of reports of human rights
abuses is often difficult. Most governments and opposition
groups deny that they commit human rights abuses and sometimes
go to great lengths to conceal any evidence of such acts. There
may be few eyewitnesses to specific abuses, and frequently
eyewitnesses are intimidated or otherwise prevented from
reporting what they know. On the other hand, individuals and
groups opposed to a government sometimes have powerful
incentives to exaggerate or fabricate abuses, and some
governments similarly distort or exaggerate abuses attributed
to opposition groups. We have made every effort to identify
those groups (for example, government forces) or individuals
who are believed, based on all the evidence available, to have
committed human rights or other related abuses. Many
governments that profess to oppose human rights abuses in fact
secretly order or tacitly condone them or simply lack the will
or the ability to control those responsible for abuses.
Consequently, in judging a government's policy, the reports
look beyond statements of policy or intent and examine what a
government actually has done to prevent human rights abuses,
including the extent to which it investigates, brings to trial,
and appropriately punishes those who commit abuses.
For the first time, each country report begins with an
executive summary that includes a description of the country's
political structure, a brief account of a singularly important
human rights development during the year, if one occurred, and
a listing of the principal human rights problems in the
country. Special attention is made to the existence of impunity
for the security forces or other government elements.
We have continued the effort from previous years to cover
human rights problems affecting women, children, persons with
disabilities, and indigenous people. The appropriate section of
each country report discusses any abuses that are targeted
specifically against women (for example, rape or other violence
perpetrated by governmental or organized opposition forces, or
discriminatory laws or regulations). In Section 6, we discuss
socioeconomic discrimination; discrimination against persons
with HIV/AIDS; societal violence against women, children, the
gay, lesbian, and transgender community, persons with
disabilities, or ethnic minorities; and the efforts, if any, of
governments to combat these problems.
The following notes on specific sections in each country
report are not meant to be comprehensive descriptions but
rather to provide an overview of the key problems covered and
their organization:
Arbitrary or Unlawful Deprivation of Life.--Includes
killings by governments without due process of law or where
there is evidence of a political motive. This section also
covers extrajudicial killings (for example, the unlawful and
deliberate killing of individuals carried out by order of a
government or with its complicity), as well as killings by
police or security forces and actions that resulted in the
unintended death of persons without due process of law. The
section generally excludes combat deaths and killings by common
criminals if the likelihood of political motivation can be
ruled out. Deaths in detention due to adverse conditions are
covered in detail in the section on ``Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment.'' Summary deaths
at the hands of rebel forces are covered in an optional Section
1.g. if there was a significant internal conflict.
Disappearance.--Covers cases in which political motivation
appears likely and in which the victims have not been found or
perpetrators have not been identified. Cases eventually
classified as political killings in which the bodies of missing
persons are discovered also are covered in the previous
section, while those eventually identified as having been
arrested or held in detention may be covered under ``Arbitrary
Arrest or Detention.''
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Covers torture (an act of intentionally inflicting
severe pain, whether physical or mental) and cruel, inhuman, or
degrading treatment or punishment committed by or at the
instigation of government forces, including paramilitary
forces, or by opposition groups. The section discusses actual
occurrences, not whether they fit any precise definition, and
includes use of physical and other force that may fall short of
torture but which is cruel, inhuman, or degrading, including
judicially sanctioned violent or abusive punishment. There also
may be discussion of poor treatment that may not constitute
torture or cruel, inhuman, or degrading treatment. The section
also covers prison conditions and deaths in prison due to
adverse conditions.
Arbitrary Arrest or Detention.--Includes cases in which
detainees, including political detainees, are held arbitrarily
in official custody without being charged or, if charged, are
denied a public preliminary judicial hearing within a
reasonable period. The section also includes subsections on the
role of the police and security apparatus, arrest and detention
practices, and any amnesties that may have occurred during the
year.
Denial of Fair Public Trial.--Notes whether there is an
independent judiciary free of corruption and whether trials are
both fair and public (failure to hold any trial is noted in the
section above). The subsection ``Political Prisoners and
Detainees'' covers persons convicted, imprisoned, or detained
essentially for political beliefs or nonviolent acts of dissent
or expression, regardless of the actual legal charge. The
subsection ``Civil Judicial Procedures and Remedies'' notes
whether there is access to an independent and impartial court
to seek damages for or cessation of an alleged human rights
violation. The optional subsection ``Property Restitution'' is
included if there is a systemic failure of a government to
enforce court orders with respect to restitution or
compensation for the taking of private property under domestic
law.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--Includes government punishment of family
members for alleged violations of law by individuals and
efforts to coerce or forbid membership in a political
organization. This section discusses the right of the
individual to noninterference by the state. It includes the
right to receive foreign publications, for example, while the
right to publish is discussed under ``Freedom of Speech and
Press.'' It includes the right to be free from coercive
population control measures, including coerced abortion and
involuntary sterilization, but it does not include certain
cultural or traditional practices, such as female genital
mutilation, which are addressed in Section 6 under women's
issues.
Use of Excessive Force and Other Abuses in Internal
Conflicts.--This optional section (1.g.) describes abuses in
countries experiencing significant internal conflict. It
includes indiscriminate, nonselective killings arising from
excessive use of force or by the shelling of villages
(deliberate, targeted killing of civilians is discussed in the
section on ``Arbitrary or Unlawful Deprivation of Life''). This
section also includes abuses against civilian noncombatants.
For countries where use of this section would be inappropriate
because there is no significant internal or external conflict,
killings by security forces are discussed in the section on
``Arbitrary or Unlawful Deprivation of Life.'' Nonlethal abuses
are discussed in the section on ``Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment.'' As necessary,
the use of child soldiers either by government forces or rebel
groups is discussed in this subsection. A new element for the
2011 reports in this subsection is required reporting of
deliberate attacks on healthcare facilities, workers,
ambulances, or patients, unless they commit or are used to
commit hostile acts. Also required is the reporting of any
restriction on medical facilities or services in a conflict
zone that serve a humanitarian purpose.
Freedom of Speech and Press.--Evaluates whether these
freedoms exist and describes any direct or indirect
restrictions. A subsection (``Internet Freedom'') includes
discussion of monitoring or restriction on the expression of
opinion via the Internet. Another subsection, entitled
``Academic Freedom and Cultural Events,'' includes information
on restrictions, intimidation, and censorship in these fields.
Freedom of Peaceful Assembly and Association.--Evaluates
the ability of individuals and groups (including political
parties) to exercise these freedoms. It considers instances of
government failure to provide permits or licenses for meetings
and demonstrations, as well as information on the ability of
trade associations, professional bodies, NGOs, and similar
groups to maintain relations or affiliate with recognized
international bodies in their fields. The right of workers to
associate, organize, and bargain collectively is discussed
under Section 7 on ``Worker Rights'' (see Appendix B).
Freedom of Religion.--All country reports have a hyperlink
to the most current International Religious Freedom Report
published by the Department of State. Examples of anti-Semitism
are located in Section 6 under a separate subsection, appearing
after Children and before Trafficking.
Freedom of Movement, Internally Displaced Persons,
Protection of Refugees, and Stateless Persons.--This section
discusses whether and under what circumstances governments
exiled citizens; restricted foreign travel, especially for
women; and revoked passports. It includes subsections on
``Internally Displaced Persons (IDPs)'' (if applicable),
``Protection of Refugees,'' and ``Stateless Persons'' (if
applicable). As defined in the 1951 Convention Relating to the
Status of Refugees and its 1967 Protocol, refugees are persons
outside their country of origin or, if stateless, outside their
country of habitual residence who have a well-founded fear of
persecution for reasons of race, religion, nationality,
membership in a particular social group, or political opinion,
and who are unable or unwilling to avail themselves of the
protection of that country. Under certain regional instruments,
such as the Organization of African Unity convention governing
the specific aspects of refugee problems in Africa, the term
refugee may refer to persons displaced by civil strife,
widespread violence, or natural disaster. The subsection
``Protection of Refugees'' reviews the government's extension
of assistance and protection to refugees, including
nonrefoulement, the provision of temporary protection, support
for voluntary repatriation, longer-term integration
opportunities, and third-country resettlement. It also covers
abuse and discrimination against refugees. The subsection on
stateless persons examines whether a country has habitual
residents who are legally stateless (not recognized as
nationals under the laws of any state) or de facto stateless
(not recognized as nationals by any state even if these
individuals have a claim to nationality under the laws of a
particular state). The report reviews whether the government
has implemented effectively laws and policies to provide such
persons the opportunity to gain nationality on a
nondiscriminatory basis. The subsection also examines, among
other matters, whether there is violence or discrimination
against stateless persons in employment, education, housing,
health services, marriage or birth registration, access to
courts, or the owning of property.
Respect for Political Rights: The Right of Citizens to
Change Their Government.--Discusses the extent to which
citizens have freedom of political choice and the legal right
and ability in practice to change the laws and officials that
govern them. The subsection ``Elections and Political
Participation'' assesses whether elections were free and fair,
including participation by women and minorities on an equal
basis.
Official Corruption and Government Transparency.--This
section covers allegations of corruption in the executive,
legislative, and judicial branches of government and actions
taken to combat it. The section covers whether the public has
access in law and practice to government information.
Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights.--This section discusses whether the government permits
the free functioning of local human rights groups (including
the right to investigate and publish their findings on alleged
human rights abuses), whether these groups are subject to
reprisal by government or other forces, and whether government
officials are cooperative and responsive to their views. The
section also discusses whether the government grants access to
and cooperates with outside entities (including foreign human
rights organizations, international organizations, and foreign
governments) interested in human rights developments in the
country. It reports on national human rights commissions,
parliamentary commissions, relations with international war
crimes tribunals, and truth or similar commissions.
Discrimination, Societal Abuses, and Trafficking in
Persons.--This section contains subheadings on Women; Children;
Anti-Semitism; Trafficking in Persons; Persons with
Disabilities; Societal Abuses, Discrimination, and Acts of
Violence Based on Sexual Orientation and Gender Identity; and
Other Societal Violence or Discrimination. If applicable, it
also includes subheadings on National/Racial/Ethnic Minorities,
Indigenous People, and Promotion of Acts of Discrimination. The
section addresses discrimination and abuses not discussed
elsewhere in the report, focusing on laws, regulations, or
state practices that are inconsistent with equal access to
housing, employment, education, healthcare, or other
governmental benefits for members of specific groups. (Abuses
by government or opposition forces, such as killing, torture
and other violence, or restriction of voting rights or free
speech targeted against specific groups are addressed under the
appropriate preceding sections.)
The subsection ``Women'' discusses societal violence
against women, such as dowry deaths, ``honor killings,'' wife
beating, rape, female genital mutilation (on those over age 18;
for younger girls it is covered in the subsection on
``Children''), and government tolerance of such practices, as
well as the extent to which the law provides for, and the
government enforces, equality of economic opportunity for
women. A paragraph on reproductive rights reports on the basic
right of couples and individuals to decide freely and
responsibly the number, spacing, and timing of their children.
The subsection ``Children'' discusses violence or other
abuse against children, and, as applicable, access to education
and health care, as well as other issues.
The subsection on ``Anti-Semitism'' discusses anti-Semitic
abuses. The material used to be found under Section 2.c. on
Religious Freedom, but that section now contains a hyperlink to
the most recent International Religious Freedom Report. Within
that report, there is also material on anti-Semitism.
The ``Trafficking in Persons'' subsection contains a
hyperlink to the most recent Trafficking in Persons Report of
the Department of State.
The subsection ``Persons with Disabilities'' covers
discrimination against persons with physical or mental
disabilities in, among other things, employment, education, and
the provision of other government services. The subsection on
``Societal Abuses, Discrimination, and Acts of Violence Based
on Sexual Orientation and Gender Identity'' notes laws
criminalizing sexual orientation and reports on discrimination
against gay, lesbian, bisexual, and transgender persons.
Worker Rights--See Appendix B
Explanatory Notes
Occasionally the Country Reports on Human Rights Practices
state that a country ``generally respected'' the rights of its
citizens. The phrase ``generally respected'' is used because
the protection and promotion of human rights is a dynamic
endeavor. It cannot accurately be stated that any government
fully respected these rights all the time without qualification
in even the best of circumstances. Accordingly, ``generally
respected'' is a standard phrase used to describe all countries
that attempt to protect human rights in the fullest sense, and
it is thus the highest level of respect for human rights
assigned by this report.
In some instances, Country Reports use the word
``Islamist,'' which should be interpreted by readers as a
Muslim who supports Islamic values and beliefs as the basis for
political and social life.
Since the Secretary of State designates foreign groups or
organizations as foreign terrorist organizations (FTOs) on the
FTO list, only those groups on the most current Department of
State FTO list will be described as ``terrorists'' in the
reports.
When describing whether a government provides ``protection
against refoulement,'' the reports are referring to whether the
government refrained from expelling or returning a refugee in
any manner whatsoever to the frontiers of territories where his
or her life or freedom would be threatened on account of race,
religion, nationality, political opinion, or membership in a
particular social group.
Subject headings in these reports are used to introduce
general topics, and the report text that follows such headings
is intended to describe facts generally relevant to those
topics and is not intended to reach conclusions of a legal
character.
APPENDIX B
----------
Reporting on Worker Rights
----------
The 1984 Generalized System of Preferences (GSP) Renewal
Act requires annual reporting on the status of internationally
recognized worker rights in GSP beneficiary countries. It
defines internationally recognized worker rights to include:
``(A) the right of association; (B) the right to organize and
bargain collectively; (C) a prohibition on the use of any form
of forced or compulsory labor; (D) a minimum age for the
employment of children; and (E) acceptable conditions of work
with respect to minimum wages, hours of work, and occupational
safety and health.'' All five aspects of worker rights are
discussed in each country report under the section heading
Worker Rights in four subsections: freedom of association and
the right to collective bargaining; prohibition of forced or
compulsory labor; prohibition of child labor and minimum age
for employment; and acceptable conditions of work.
The discussion of worker rights considers not only laws and
regulations but also their practical implementation. This
discussion is informed by internationally recognized labor and
antitrafficking standards, including the Conventions and
Recommendations of the International Labor Organization (ILO)
and the U.N. Organized Crime Convention Protocol to Prevent,
Suppress, and Punish Trafficking in Persons. Some specific
guidelines derived from these international standards are
discussed below.
A. ``The right of association'' has been defined by the ILO
to include the right of workers and employers to establish and
join organizations of their own choosing without previous
authorization; to draw up their own constitutions and rules,
elect their representatives, and formulate their programs; to
join in confederations and affiliate with international
organizations; and to be protected against dissolution or
suspension by administrative authority.
The right of association includes the right of workers to
strike. While it is generally accepted for strikes to be
restricted in the public sector and in essential services, the
interruption of which would endanger the life, personal safety,
or health of a significant portion of the population, these
restrictions must be offset by adequate safeguards for the
interests of the workers concerned (for example, mechanisms for
mediation and arbitration, due process, and the right to
judicial review of legal actions). Reporting on restrictions on
the ability of workers to strike generally includes information
on any procedures that may exist for safeguarding workers'
interests.
B. ``The right to organize and bargain collectively''
includes the right of workers to be represented in negotiating
the prevention and settlement of disputes with employers, the
right to protection against interference, and the right to
protection against acts of antiunion discrimination.
Governments should promote mechanisms for voluntary
negotiations between employers and workers and their
organizations. Coverage of the right to organize and bargain
collectively includes a review of the extent to which
collective bargaining takes place and the extent to which
workers, both in law and practice, are protected against
antiunion discrimination.
C. ``Forced or compulsory labor'' is defined as work or
service exacted under the menace of penalty and for which a
person has not volunteered. ``Work or service'' does not apply
where obligations are imposed to undergo education or training.
``Menace of penalty'' includes loss of rights or privileges as
well as penal sanctions. The ILO has exempted the following
from its definition of forced labor: compulsory military
service, normal civic obligations, certain forms of prison
labor, emergencies, and minor communal services. It further
notes that constitutional provisions concerning the obligation
of citizens to work do not violate this right so long as they
do not take the form of legal obligations enforced by sanctions
and are consistent with the principle of ``freely chosen
employment.'' The U.N. Trafficking Protocol also addresses
forced labor, by requiring state parties to criminalize the
recruitment, transport, transfer, receipt or harboring of a
person for the purpose of forced labor or services extracted
through coercive or fraudulent means.
D. ``Prohibition of child labor and minimum age for
employment'' concerns the effective abolition of child labor by
raising the minimum age for employment to a level consistent
with the fullest physical and mental development of young
people. ILO Convention 182 on the ``worst forms of child
labor'' identifies anyone under the age of 18 as a child and
specifies certain types of employment as ``the worst forms of
child labor.'' These worst forms of labor include slavery, debt
bondage, forced labor, forced recruitment into armed conflict,
child prostitution and pornography, involvement in illicit
activity such as drug production or trafficking, and work that,
``by its nature or the circumstances in which it is carried
out, is likely to harm the health, safety or morals of
children.'' In limited circumstances, ILO Convention 182
permits the employment of children between the ages of 16 and
18 in what the convention describes as an ``unhealthy
environment,'' if adequate protective measures have been taken.
E. ``Acceptable conditions of work'' refers to the
establishment and maintenance of mechanisms, adapted to
national conditions, that provide for minimum working
standards,namely: wages that provide a decent living for
workers and their families; working hours that do not exceed 48
hours per week, with a full 24-hour day of rest; a specified
number of annual paid leave days; and minimum conditions for
the protection of the safety and health of workers.
APPENDIX C
Selected International Human Rights Conventions
(See Footnotes and Appendix D for Treaty/Convention Titles)
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COUNTRY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
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Afghanistan.............................................. P - - P - P P P - P P P P P P P P P - P P S P P P P -
Albania*................................................. S P P P P P P P P P P P P P P P P - P P P P P P P S -
Algeria.................................................. P P P P P P P P - P P P P P P P P - P P P P P P P P -
Andorra.................................................. - - - P - P P - P - - - P P - - - - - - - P P P - S -
Angola................................................... - P P - P P P - - P - P - P P P P - P P - P - P P - -
Antigua & Barbuda........................................ P P P P P P P - - 1 P P P - - P P - P P P P P P P S -
Argentina................................................ - P P P P P P P - P P P P P P P P P P P P P P P P P -
Armenia.................................................. - P P P P P P - P - - P P P P P P - P P P P P P P P -
Australia................................................ P P P P P P P - - P P P P P P P P - - P P P P P P P -
Austria.................................................. P P P P P P P - P P P P P P P P P - P P P P P P P P -
Azerbaijan............................................... P P P P P P P P P - P P P P P P P - P - - P P P P P -
Bahamas.................................................. P P P P P P P - - P P P P P P P P - P P P P - P P - -
Bahrain.................................................. P P - P - P P - - - P P P P - - - P - P P P P P P P -
Bangladesh............................................... P P P P P P P P - P P P P P P - - - - P P P P P P P -
Barbados................................................. P P P P P P P - - P P P P P P - - P P P P P - P P S -
Belarus.................................................. P P P P P P P P - P P P P P P P P - P P P P P P P - -
Belgium.................................................. P P P P P P P P P P P P P P P P P - P P P P P P P P -
Belize................................................... 1 P P P P P P - - - 1 P P P S P P - P P P P P P P P -
Benin.................................................... 2 P P - P P P - - - - P P P P P P - P P P P P P P S -
Bhutan*.................................................. - - - - - P P - - - - - S - - - - - - - - P - P - S -
Bolivia.................................................. P P P P P P P P - P P P P P P P P P P P P P P P P S -
Bosnia & Herzegovina..................................... P P P P P P P P P P P P P P P P P - P P P P P P P P -
Botswana................................................. 1 P P - P P P - - - 1 P P P - P P - P P P P P P P - -
Brazil................................................... P P - P P P P P - P P P P P P P P P P P P P P P P P -
Brunei*.................................................. 1 - - - - P P - - - 1 - - - - - - - P P P P - P - S -
Bulgaria................................................. 2 P P P P P P P P P P P P P P P P - P P P P P P P S -
Burkina Faso............................................. - P P P P P P P - - - P P P P P P - P P P P P P P P S
Burma.................................................... P P P P - P P S - S - - - - - - - - - - - P - P - P -
Burundi.................................................. - P P P P P P - - P - P P P P P P - P P P P P P P S S
Cambodia................................................. - P P P P P P S - S P P P P P P P - P P P P P P P P -
Cameroon................................................. P P P - P P P P - - P P P P P P P - P P P P P P P S -
Canada................................................... P - P P - P P - - P P P P P P P P - - P P P P P P P -
Cape Verde............................................... - P P - P P P - - - - P P P P - P - P P P P P P P P -
Central African Republic................................. 2 P P - P P P P - P P P P P P P P - P P P P - P P S S
Chad..................................................... - P P - P P P - - - - P P P P P P - P P P P P P P P S
Chile.................................................... P P P P P P P - - P P P P P P P P P P P P P P P P P -
China.................................................... 2 - - P - P P - - P - - P S P P P - P P P P P P P P -
China (Hong Kong)........................................ P - - P - - - - - P - - P - - - - - - - - P P P - - -
China (Macau from 12-20-99).............................. - - - P - - - - - - - - P - - - - - - - - - - P - - -
China (Macau to 12-19-99)................................ - - - P - - - P - - P - P P P P P - - - - P P P - - -
China (Taiwan only)*..................................... P - - P - - - - - P P - P S S - - - - - - - - - - - -
Colombia................................................. S P P P P P P - - P - P P P P P P P P P P P P P P P -
Comoros.................................................. - P P P P P P - - - - P P - - - - - P P P P S P P S S
Congo, Democratic Republic of............................ - P P P P P P - - P P P P P P P P - P P P P P P P - S
Congo, Republic of....................................... 2 P P - P P P P - P P P P P P P P - P P P P - P P S S
Cook Islands............................................. - - - - - P P - - - - - - - - - - - - P P P - - - P -
Costa Rica............................................... - P P P P P P - - P - P P P P P P P P P P P P P P P -
Cote D'Ivoire............................................ 2 P P P P P P P - P P P P P P P P - P P P P P P P S S
Croatia.................................................. P P P P P P P P P P P P P P P P P - P P P P P P P P -
Cuba..................................................... P P P P P P P P - P P P P - - - - - P P P P P P - P -
Cyprus................................................... P P P P P P P P P P P P P P P P P - P P P P P P P S
Czech Republic........................................... 2 P P P P P P P P P P P P P P P P - - P P P P P P P -
Denmark.................................................. P P P P P P P S P P P P P P P P P - P P P P P P P P -
Djibouti................................................. - P P - P P P P - - P P P P P P P - P P P P P P P P S
Dominica................................................. P P P - P P P - - 1 P P - P P P P P P P P P - P P P -
Dominican Republic....................................... S P P S P P P - - P P P P P P P P P P P P P P P P P -
East Timor............................................... - P P - P - P - - - - - - - - - - - - P P - - - P - -
Ecuador.................................................. P P P P P P P P - P P P P P P P P P P P P P P P P P -
Egypt.................................................... P P P P P P P P - P P P P P P P P - P P P P P P P P -
El Salvador.............................................. - P P P P P P - - S S P P P P P P P P P P P P P P P -
Equatorial Guinea........................................ - P P - P P P - - - - P P P P P P - P P P P P P P - S
Eritrea.................................................. - P P - P P P - - - - P P P P - - - P - - P - P - - -
Estonia.................................................. 2 P P P P P P - P - - P P P P P P - - P P P P P P P -
Ethiopia................................................. P P P P P P P P - P P P P P P P P - P P P P P P P P S
European Union........................................... - - - - - - - - - - - - - - - - - - - - - - - - - P -
Fiji..................................................... P P P P P P P - - P P P P - - P P - P - - P - P P S -
Finland.................................................. P P P P P P P P P P P P P P P P P - P P P P P P P S -
France................................................... P P P P P P P P P P P P P P P P P - P P P P P P P P -
Gabon.................................................... - P P P P P P - - P - P P P P P P - P P P P P P P P S
Gambia................................................... 1 P P P P P P - - - 1 P P P P P P - P P P P S P P - S
Georgia.................................................. - P P P P P P - P P - P P P P P P - P P P P P P P S -
Germany.................................................. P P P P P P P - P P P P P P P P P - P P P P P P P P -
Ghana.................................................... 2 P P P P P P - - P P P P P P P P - - P P P P P P P S
Greece................................................... P P P P P P P - - P P P P P P P P - P P P P P P P P -
Grenada.................................................. 1 P P 1 P P P - - 1 1 P S P P - - P P P P P - P P S -
Guatemala................................................ P P P P P P P - - P P P P P P P P P P P P P P P P P -
Guinea................................................... P P P P P P P P - P P P P P P P P - P P P P P P P P -
Guinea-Bissau............................................ - P - - P P P - - - - P P P P P P P - P P P S P - - -
Guyana................................................... 1 P P - P P P - - - ... P P P P - - - P P P P P P P S -
Haiti.................................................... 2 P P P P P P P - P P P P P - P P P P P P P - P - P -
Holy See................................................. - - - - - P P - - - - - P - - P P - - P P - P P - - -
Honduras................................................. - P P P P P P P - - - P P P P P P P P P P P P P P P -
Hungary.................................................. P P P P P P P P P P P P P P P P P - P P P P P P P P -
Iceland.................................................. - P P P P P P - P P P P P P P P P - P P P P P P P S -
India.................................................... P P - P - P P P - P P P P P P - - - - - - P S P - P -
Indonesia................................................ - P P - P P P - - P - P P P P - - - P P - P P P P P -
Iran..................................................... S P - P - P P S - - P P P P P P P - - S S - - P P P -
Iraq..................................................... P P - P P P P P - - P P P P P - - - P P - P - P P - -
Ireland.................................................. P P P P P P P - P P P P P P P P P - P P P P P P P S -
Israel................................................... P P P P P P P P - P P P P P P P P - P - - P P P P P -
Italy.................................................... P P P P P P P P P P P P P P P P P - P P P P P P P P -
Jamaica.................................................. P P P P P P P - - P P P P P P P P P P P P P - P P P -
Japan.................................................... - P P - P P P P - P - - P P P P P - P P P P P P P S -
Jordan................................................... P P - P P P P P - P P P P P P - - - P P P P P P P P -
Kazakhstan............................................... - P P P P P P S P P - P P P P P P - P P P P P P P S -
Kenya.................................................... - P - - P P P - - - - P P P P P P - P P P P P P P P -
Kiribati*................................................ 1 P P - P P P - - 1 1 P - 1 1 - 1 - - - - P - P P - -
Korea, Dem. Rep. of*..................................... - - - P - P P - - - - - - P P - - - - P - P - P - - -
Korea, Republic of*...................................... - - - P - P P P - P - - P P P P P - P P P P P P P P -
Kuwait................................................... P P P P - P P P - - P P P P P - - - P P P P P P P - -
Kyrgyzstan............................................... P P P P P P P P - P P P P P P P P - P P P P P P P S -
Laos..................................................... - P - P - P P P - P P - P S S - - - P P P P S P P P -
Latvia................................................... 2 - P P P P P P P P P P P P P P P - P P P P P P P P -
Lebanon.................................................. 2 P - P P P P - - P - P P P P - - - P P P P P P P S -
Lesotho.................................................. P P P P P P P P - P P P P P P P P - P P P P P P P P -
Liberia.................................................. P P P P P P P S - S S P P P P P P - - P P P P P P P S
Libya.................................................... P P P P P P P P - P P P P P P - - - P P P P P P P S -
Liechtenstein*........................................... - - - P - P P - P - - - P P P P P - - P P P P P - - -
Lithuania................................................ S P P P P P P - P - - P P P P P P - P P P P P P P P -
Luxembourg............................................... - P P P P P P P P P P P P P P P P - P P P P P P P P -
Macedonia................................................ 2 P P P P P P P P P P P P P P P P - P P P P P P P S -
Madagascar............................................... P P P - P P P S - P P - P P P P - - P P P P P P P S -
Malawi................................................... P P P - P P P P - P P P P P P P P - P P P P P P P P -
Malaysia................................................. - P - P P P P - - - P - - - - - - - P - - P - P P P -
Maldives*................................................ - - - P - P P - - - - - P P P - - - - - P P P P P P -
Mali..................................................... P P P P P P P P - P P P P P P P P - P P P P P P P P S
Malta.................................................... P P P - P P P - P P P P P P P P P - P P P P P P P P -
Marshall Islands*........................................ - - - - - - P - - - - - - - - - - - - - - P - P - - -
Mauritania............................................... P P P - P P P P - P P P P P P P P - P P P P P P P - -
Mauritius................................................ P P P - P P P - - P P P P P P - - - P P P P P P P P -
Mexico................................................... P P P P - P P P - P P P P P P P P P - P - P P P P P -
Micronesia*.............................................. - - - - - P P P - - - - - - - - - - - P P P - P - S -
Moldova.................................................. - P P P P P P - P P - P P P P P P - P P P P P P P P -
Monaco*.................................................. P - - P - P P - P - - - P P P P - - - P P P P P - S -
Mongolia................................................. P - P P P P P - - P P - P P P - - - P P P P P P P P -
Montenegro............................................... P - - P - P P P - P P - P P P P P - - P P P P P - P -
Morocco.................................................. P P - P P P P P - P P P P P P P P - P P P P P P P P -
Mozambique............................................... - P P P P P P - - - - P P P - P P - P P P P P P P P S
Namibia.................................................. - P P P P P P - - - - P P P P P - - P P P P P P P P S
Nauru*................................................... - - - - - P P - - - - - S S - P P - - P P P S P - P -
Nepal.................................................... P P - P P P P P - P P - P P P - - - P - - P P P P P -
Netherlands.............................................. P P P P P P P - P P P P P P P P P - P P P P P P P S -
New Zealand.............................................. P P - P P P P - - P P P P P P P P - - P P P P P P P -
Nicaragua................................................ P P P P P P P - - P P P P P P P P P P P P P P P P P -
Niger.................................................... P P P - P P P P - P P P P P P P P - P P P P P P P P -
Nigeria.................................................. P P P - P P P - - P P P P P P P P - P P P P P P P P S
Niue..................................................... - - - - - - - - - - - - - - - - - - - - - - - P - - -
Norway................................................... P P P P P P P P P P P P P P P P P - P P P P P P P S -
Oman*.................................................... - P - - - P P - - - - P P - - - - - P P P P - P P P -
Pakistan................................................. P P P P P P P P - P P P P - S - - - P S S P - P P P -
Palau.................................................... - - - - - P P - - - - - S S S - - - - P P S S P - S -
Panama................................................... S P P P P P P - - - - P P P P P P P P P P P P P P P -
Papua New Guinea......................................... P P P P P P P - - P - P P - - P P - P - - P - P P S -
Paraguay................................................. - P P P P P P - - P - P S P P P P P P P P P P P P P -
Peru..................................................... - P P P P P P - - P S P P P P P P P P P P P P P P P -
Philippines.............................................. P P P P P P P P - P P P P P P P P - P P P P P P P P -
Poland................................................... 2 P P P P P P P P P P P P P P P P - P P P P P P P P -
Portugal................................................. 2 P P P P P P P P - P P P P P P P - P P P P P P P P -
Qatar.................................................... - P - - - P P - - - - - P - - - - - P P P - P P P P -
Romania.................................................. P P P P P P P P P P P P P P P P P - P P P P P P P P -
Russia................................................... P P P P P P P P P P P P P P P P P - P P P P P P P S -
Rwanda................................................... - P P P P P P - - - P P P P P P P - P P P P - P P P S
Samoa*................................................... - - - - - P P - - - - - - - - P P - - P P P - P P - -
San Marino............................................... - P P - P P P - P - P P P P P - - - P P P - P P P P -
Sao Tome & Principe...................................... - P P - P P P - - - - P S S S P P - P P P S S P P - S
Saudi Arabia............................................. P P - P - P P - - - P P P - - - - - - P P P P P P P -
Senegal.................................................. 2 P P P P P P P - P P P P P P P P - P P P P P P P P -
Serbia................................................... - P P - P - P - P - - P - - - - - - P P - P - - P P -
Seychelles............................................... 2 P P P P P P P - 1 P P P P P P P - P P P P P P P P -
Sierra Leone............................................. P P P - P P P - - P P P P P P P P - P P P P P P P P S
Singapore................................................ - P - P P P P P - - P - - - - - - - P - - P - P P - -
Slovak Republic.......................................... 2 P P P P P P P P P P P P P P P P - P P P P P P P P -
Slovenia................................................. - P P P P P P P P P P P P P P P P - P P P P P P P P -
Solomon Islands.......................................... P P - - - P P - - P P - 1 - 1 P P - - P P P - P P S -
Somalia.................................................. - P - - - P P - - - - P P P P P P - - - - - P S - - S
South Africa*............................................ P P P P P P P P - S - P P P S P P - P P P P P P P P -
Spain.................................................... P P P P P P P P P P P P P P P P P - P P P P P P P P -
Sri Lanka................................................ P P P P P P P P - - P P P P P - - - P - - P P P P S -
St. Kitts & Nevis*....................................... 1 P P - P P P - - 1 1 P P - - P - - P P P P - P P - -
St. Lucia................................................ P P P 1 P P P - - 1 P P P S - - - - - P P P - P P S -
St. Vincent & the Grenadines*............................ P P P P P P P - - P P P P P P P - - P P P P P P P P -
Sudan.................................................... P P - - P P P - - - P P P P P P P - P P P - S P P P -
Suriname................................................. 2 P P - P P P - - 1 P P P P P P P P - P P P - P P S -
Swaziland................................................ 1 P P - P P P - - P 1 P P P P P P - P P P P P P P P -
Sweden................................................... P P P P P P P - P P P P P P P P P - P P P P P P P P -
Switzerland.............................................. P P P P P P P - P - P P P P P P P - P P P P P P P - -
Syria.................................................... P P P P P P P P - - P P P P P - - - P P - - P P P P -
Tajikistan*.............................................. - P P - P P P P - P - P P P P P P - P P P P P P P - -
Tanzania................................................. P P P P P P P - - P P P P P P P P - P P P P - P P P -
Thailand................................................. - P - - - P P - - P - P P P P - - - P - - P - P P P -
Togo..................................................... 2 P P P P P P P - - P P P P P P P - P P P P P P P P S
Tonga*................................................... 1 - - P - P P - - 1 1 1 P - - - - - - P P - - P - S -
Trinidad & Tobago........................................ P P P - P P P - - P P P P P P P P - P P P P - P P S -
Tunisia.................................................. P P P P P P P - - P P P P P P P P - P P P P P P P P -
Turkey................................................... P P P P P P P - P P P P P S S P P - P - - P P P P P -
Turkmenistan............................................. P P P - P P P - - P P P P P P P P - - P P P P P - P -
Tuvalu*.................................................. 1 - - - - P P - - 1 1 - - 1 - P P - - - - P - P - - -
Uganda................................................... P P P P P P P - - P P P P P P P P - P P P P P P P P P
Ukraine.................................................. P P P P P P P P P P P P P P P P P - P P P P P P P P -
United Arab Emirates..................................... - P - P - P P - - - - P P - - - - - P P P P P P P P -
United Kingdom........................................... P P P P P P P - P P P P P P P P P - P P P P P P P P -
United States............................................ P - - P - P P - - P P P P P S - P S - S S S P S P S -
Uruguay.................................................. S P P P P P P - - S P P P P P P P P P P P P P P P P -
Uzbekistan............................................... - P - P P P P P - P - P P P P - - - - P P P P P - S -
Vanuatu*................................................. - - P - P P P - - - 1 P - - - - - - - P P P P P P P -
Venezuela................................................ - P P P P P P P - P - P P P P - P P P P P P P P P - -
Vietnam*................................................. P - - P - P P - - - - - P P P - - - P P - P - P P S -
Yemen.................................................... P P P P P P P P - P - P P P P P P - P P P P P P P P -
former Yugoslavia........................................ P P P P P P P P - P P - P P P P P - P P P P P P - - -
Zambia................................................... P P P - P P P - - P P P P P P P P - P P P P P P P P S
Zimbabwe................................................. 1 P P P P P P P - P P P P P P P P - P P P P - P P - S
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P = Party
S = Signatory
* = non-ILO member
1 = Based on general declaration concerning treaty obligations prior to independence
2 = Party to 1926 Convention only
----------
Key to Human Rights Conventions: 1-Slavery 2-ILO Convention 29 3-ILO Convention 87 4-Genocide 5-ILO Convention 98 6-Prisoners of War 7-Civilians in War 8-Traffic in Persons 9-European
HR Conv. 10-Pol. Rights of Women 11-Suppl. Slavery Conv. 12-ILO Convention 105 13-Racial Discrimination 14-Civil and Pol. Rights 15-Econ./Soc./Cul. Rights 16-UN Refugee Convention 17-
UN Refugee Protocol 18-American HR Conv. 19-ILO Convention 138 20-Geneva Protocol I 21-Geneva Protocol II 22-CEDAW 23-Torture 24-Rights of the Child 25-ILO Convention 182 26-
Disabilities Convention 27-Kampala Convention
APPENDIX D
----------
Description of International Human Rights Conventions in Appendix C
----------
1. Convention to Suppress the Slave Trade and Slavery of
September 25, 1926, as amended by the Protocol of
December 7, 1953.
2. Convention Concerning Forced or Compulsory Labor of June
28, 1930 (ILO Convention 29).
3. Convention Concerning Freedom of Association and Protection
of the Right to Organize of July 9, 1948 (ILO
Convention 87).
4. Convention on the Prevention and Punishment of the Crime of
Genocide of December 9, 1948.
5. Convention Concerning the Application of the Principles of
the Right to Organize and Bargain Collectively of July
1, 1949 (ILO Convention 98).
6. Geneva Convention Relative to the Treatment of Prisoners of
War of August 12, 1949.
7. Geneva Convention Relative to the Protection of Civilian
Persons in Time of War of August 12, 1949.
8. Convention for the Suppression of the Traffic in Persons
and of the Exploitation of the Prostitution of Others
of March 21, 1950.
9. European Convention for the Protection of Human Rights and
Fundamental Freedoms of November 4, 1950.
10. Convention on the Political Rights of Women of March 31,
1953.
11. Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to
Slavery of September 7, 1956.
12. Convention Concerning the Abolition of Forced Labor of June
25, 1957 (ILO Convention 105).
13. International Convention on the Elimination of All Forms of
Racial Discrimination of December 21, 1965.
14. International Covenant on Civil and Political Rights of
December 16, 1966.
15. International Covenant on Economic, Social and Cultural
Rights of December 16, 1966.
16. Convention Relating to the Status of Refugees of July 28,
1951.
17. Protocol Relating to the Status of Refugees of January 31,
1967.
18. American Convention on Human Rights of November 22, 1969.
19. Convention Concerning Minimum Age for Admission to
Employment of June 26, 1973 (ILO Convention 138).
20. Protocol Additional to the Geneva Conventions of August 12,
1949, and Relating to the Protection of Victims of
International Armed Conflicts (Protocol I), of June 8,
1977.
21. Protocol Additional to the Geneva Conventions of August 12,
1949, and Relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II), of June 8,
1977.
22. Convention on the Elimination of All Forms of
Discrimination Against Women of December 18, 1979.
23. Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of December 10, 1984.
24. Convention on the Rights of the Child of November 20, 1989.
25. Convention Concerning the Prohibition and Immediate Action
for the Elimination of the Worst Forms of Child Labor
of June 17, 1999 (ILO Convention 182).
26. Convention on the Rights of Persons with Disabilities of
December 13, 2006.
27. African Union Convention for the Protection and Assistance
of Internally Displaced Persons in Africa of October
22, 2009.
Additional detail regarding each of these treaties can be
accessed at: http://treaties.un.org/
APPENDIX E
FY 2011 Foreign Assistance Actuals, Part I
($ in thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All GHP GHP
Accounts DA 09USAID 09STATE GHP Total ESF TI AEECA INCLE NADR IMET
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL.............................................................. 31,596,032 2,519,950 2,498,000 5,334,310 7,832,310 5,931,714 54,890 695,740 1,593,806 738,520 105,788
Africa............................................................. 7,915,306 987,337 1,265,573 3,646,673 4,912,246 503,540 - - 61,368 42,600 16,110
Angola........................................................... 60,871 2,300 40,353 10,300 50,653 - - - - 7,500 418
Benin............................................................ 30,990 2,557 28,197 - 28,197 - - - - - 236
Botswana......................................................... 75,467 - - 74,443 74,443 - - - - - 685
Burkina Faso..................................................... 17,886 - 5,988 - 5,988 - - - - - 246
Burundi.......................................................... 56,980 2,736 11,544 15,000 26,544 - - - - - 352
Cameroon......................................................... 24,965 - 1,500 21,250 22,750 - - - - - 285
Cape Verde....................................................... 123 - - - - - - - - - 123
Central African Republic......................................... 6,775 - - - - - - - - - -
Chad............................................................. 90,354 - - - - - - - - - 391
Comoros.......................................................... 125 - - - - - - - - - 125
Cote d'Ivoire.................................................... 112,827 - - 93,305 93,305 14,715 - - - - 89
Democratic Republic of the Congo................................. 268,166 - 86,046 39,635 125,681 45,915 - - 6,000 1,000 500
Djibouti......................................................... 13,391 4,000 400 1,800 2,200 - - - - - 372
Ethiopia......................................................... 778,670 77,782 106,482 289,089 395,571 - - - - - 650
Gabon............................................................ 448 - - - - - - - - - 248
Ghana............................................................ 165,885 92,568 62,543 9,000 71,543 - - - 500 - 825
Guinea........................................................... 25,017 7,000 17,469 - 17,469 - - - 500 - 48
Guinea-Bissau.................................................... 10 - - - - - - - - - 10
Kenya............................................................ 786,621 75,813 75,345 498,760 574,105 - - - 2,000 8,000 929
Lesotho.......................................................... 33,236 - 6,400 26,650 33,050 - - - - - 186
Liberia.......................................................... 215,814 - 32,340 2,800 35,140 124,532 - - 16,000 - 522
Madagascar....................................................... 77,579 1,350 52,797 500 53,297 - - - - - -
Malawi........................................................... 172,571 37,000 67,995 46,448 114,443 - - - - - 400
Mali............................................................. 137,906 71,143 54,597 1,500 56,097 - - - - - 397
Mauritania....................................................... 5,442 - - - - - - - - - 184
Mauritius........................................................ 155 - - - - - - - - - 155
Mozambique....................................................... 387,143 39,165 62,674 261,953 324,627 - - - 500 2,000 402
Namibia.......................................................... 103,272 - 1,946 101,122 103,068 - - - - - 204
Niger............................................................ 52,045 2,500 - - - - - - - - 66
Nigeria.......................................................... 632,464 55,791 101,971 471,227 573,198 - - - 1,250 - 1,013
Republic of the Congo............................................ 123 - - - - - - - - - 123
Rwanda........................................................... 207,886 49,482 42,415 109,072 151,487 - - - - - 559
Sao Tome and Principe............................................ 180 - - - - - - - - - 180
Senegal.......................................................... 98,813 44,600 51,253 1,535 52,788 - - - - - 1,026
Seychelles....................................................... 94 - - - - - - - - - 94
Sierra Leone..................................................... 19,302 - - 500 500 6,500 - - - - 394
Somalia.......................................................... 144,963 - 1,547 - 1,547 19,627 - - - 2,000 -
South Africa..................................................... 571,440 15,734 15,469 535,319 550,788 - - - 2,000 1,300 820
South Sudan...................................................... 395,382 - 34,848 12,036 46,884 223,431 - - 25,000 2,800 763
Sudan............................................................ 238,626 - - - - 26,393 - - 2,000 1,100 -
Swaziland........................................................ 59,799 - 6,900 52,700 59,600 - - - - - 199
Tanzania......................................................... 509,650 75,193 89,222 336,254 425,476 - - - 450 - 455
The Gambia....................................................... 120 - - - - - - - - - 120
Togo............................................................. 286 - - - - - - - - - 286
Uganda........................................................... 472,070 60,586 75,349 309,084 384,433 - - - 235 - 608
Zambia........................................................... 379,701 36,226 52,794 283,661 336,455 - - - - - 422
Zimbabwe......................................................... 147,455 - 37,459 39,330 76,789 25,578 - - - - -
African Union.................................................... 760 - - - - 760 - - - - -
State Africa Regional (AF)....................................... 57,517 - - - - 16,089 - - 4,933 16,900 -
USAID Africa Regional (AFR)...................................... 86,971 68,850 18,121 - 18,121 - - - - - -
USAID Central Africa Regional.................................... 21,150 21,150 - - - - - - - - -
USAID East Africa Regional....................................... 56,773 47,449 8,524 800 9,324 - - - - - -
USAID Southern Africa Regional................................... 31,130 27,530 2,000 1,600 3,600 - - - - - -
USAID West Africa Regional....................................... 81,917 68,832 13,085 - 13,085 - - - - - -
East Asia and Pacific.............................................. 742,869 318,877 130,899 98,468 229,367 90,892 - - 17,885 28,376 9,291
Burma............................................................ 38,527 - 2,100 - 2,100 36,427 - - - - -
Cambodia......................................................... 75,408 24,000 32,460 3,000 35,460 12,000 - - - 2,940 260
China............................................................ 17,800 7,000 - 5,000 5,000 5,000 - - 800 - -
Indonesia........................................................ 205,727 123,995 37,191 5,250 42,441 - - - 10,520 7,000 1,811
Laos............................................................. 7,224 1,455 1,000 - 1,000 - - - 1,000 1,900 200
Malaysia......................................................... 2,256 - - - - - - - - 1,300 956
Marshall Islands................................................. 537 492 - - - - - - - - 45
Micronesia....................................................... 492 492 - - - - - - - - -
Mongolia......................................................... 10,441 6,198 - - - - - - - 250 997
North Korea3,493................................................. - - - - 3,493 - - - - -
Papua New Guinea................................................. 5,000 - 2,500 2,500 5,000 - - - - - -
Philippines...................................................... 144,333 79,055 32,437 - 32,437 - - - 2,065 9,525 1,971
Samoa............................................................ 113 - - - - - - - - - 113
Singapore........................................................ 250 - - - - - - - - 250 -
Taiwan........................................................... 250 - - - - - - - - 250 -
Thailand......................................................... 12,968 5,051 1,000 500 1,500 - - - 1,740 1,541 1,568
Timor-Leste...................................................... 17,086 11,139 1,996 - 1,996 2,994 - - 660 - 297
Vietnam.......................................................... 126,897 22,000 - 81,978 81,978 18,463 - - - 2,020 476
State East Asia and Pacific Regional............................. 15,612 - - - - 12,515 - - 1,100 1,400 597
USAID Regional Development Mission/Asia (RDM/A).................. 58,455 38,000 20,215 240 20,455 - - - - - -
Europe and Eurasia................................................. 818,005 - 14,582 22,528 37,110 15,852 - 583,900 - 19,685 30,287
Albania.......................................................... 27,706 - - - - - - 20,000 - 2,650 1,064
Armenia.......................................................... 44,417 - 399 - 399 - - 39,725 - 850 449
Azerbaijan....................................................... 26,400 - 1,248 - 1,248 - - 20,000 - 1,215 943
Belarus.......................................................... 13,864 - - - - - - 13,864 - - -
Bosnia and Herzegovina........................................... 48,727 - - - - - - 42,000 - 1,250 986
Bulgaria......................................................... 11,259 - - - - - - - - - 1,778
Croatia.......................................................... 4,899 - - - - - - - - 450 956
Cyprus........................................................... 8,862 - - - - 8,362 - - - 500 -
Czech Republic................................................... 7,980 - - - - - - - - - 1,992
Estonia.......................................................... 3,838 - - - - - - - - - 1,143
Georgia.......................................................... 87,088 - - 850 850 - - 65,800 - 2,575 1,895
Greece........................................................... 98 - - - - - - - - - 98
Hungary.......................................................... 2,075 - - - - - - - - - 1,077
Kosovo........................................................... 85,428 - - - - - - 79,000 - 750 678
Latvia........................................................... 3,929 - - - - - - - - - 1,135
Lithuania........................................................ 4,137 - - - - - - - - - 1,143
Macedonia........................................................ 28,203 - - - - - - 22,650 - 520 1,041
Malta............................................................ 552 - - - - - - - - - 153
Moldova.......................................................... 22,295 - - - - - - 19,500 - 400 898
Montenegro....................................................... 10,927 - - - - - - 8,000 - 1,000 455
Poland........................................................... 36,022 - - - - - - - - - 2,090
Portugal......................................................... 93 - - - - - - - - - 93
Romania.......................................................... 14,724 - - - - - - - - - 1,750
Russia........................................................... 66,138 - 8,488 2,300 10,788 - - 54,350 - 1,000 -
Serbia........................................................... 48,939 - - - - - - 45,000 - 1,150 893
Slovakia......................................................... 2,347 - - - - - - - - - 950
Slovenia......................................................... 1,460 - - - - - - - - - 712
Turkey........................................................... 5,415 - - - - - - - - 1,425 3,990
Ukraine.......................................................... 123,243 - 3,997 19,378 23,375 - - 86,261 - 2,700 1,925
Eurasia Regional................................................. 41,805 - 450 - 450 2,495 - 37,860 - 1,000 -
Europe Regional.................................................. 32,635 - - - - 2,495 - 29,890 - 250 -
International Fund for Ireland................................... 2,500 - - - - 2,500 - - - - -
Near East.......................................................... 6,878,300 19,039 8,982 - 8,982 1,675,925 - - 290,340 62,215 17,294
Algeria.......................................................... 9,835 - - - - - - - - 650 953
Bahrain.......................................................... 17,396 - - - - - - - - 1,500 435
Egypt............................................................ 1,553,775 - - - - 249,500 - - 1,000 4,600 1,275
Iraq............................................................. 471,796 - - - - 325,700 - - 114,560 29,800 1,736
Israel........................................................... 2,994,000 - - - - - - - - - -
Jordan........................................................... 678,184 - - - - 362,274 - - 250 12,500 3,760
Lebanon.......................................................... 186,351 - - - - 84,725 - - 19,500 4,800 2,476
Libya............................................................ 5,654 - - - - - - - - - -
Morocco.......................................................... 34,141 19,039 - - - 2,281 - - 750 1,100 1,989
Oman............................................................. 16,122 - - - - - - - - 1,500 1,622
Saudi Arabia..................................................... 364 - - - - - - - - 360 4
Tunisia.......................................................... 25,749 - - - - 5,000 - - 1,500 175 1,950
United Arab Emirates230.......................................... - - - - - - - - 230 -
West Bank and Gaza............................................... 550,128 - - - - 395,699 - - 150,000 - -
Yemen............................................................ 82,905 - 8,982 - 8,982 26,606 - - 1,750 4,500 1,094
Egypt Debt Relief................................................ 100,000 - - - - 100,000 - - - - -
Middle East Multilaterals (MEM).................................. 1,140 - - - - 1,140 - - - - -
Middle East Partnership Initiative (MEPI)........................ 80,000 - - - - 80,000 - - - - -
Middle East Regional Cooperation (MERC).......................... 3,000 - - - - 3,000 - - - - -
Multinational Force and Observers (MFO).......................... 26,000 - - - - - - - - - -
Near East Regional Democracy..................................... 35,000 - - - - 35,000 - - - - -
Trans-Sahara Counter-Terrorism Partnership (TSCTP)............... 1,530 - - - - - - - 1,030 500 -
USAID Middle East Regional (OMEP)................................ 5,000 - - - - 5,000 - - - - -
South and Central Asia............................................. 5,013,464 146,527 278,453 23,504 301,957 2,906,927 - 111,840 522,558 111,575 13,088
Afghanistan...................................................... 2,620,823 - 69,660 250 69,910 1,967,509 - - 400,000 69,300 1,555
Bangladesh....................................................... 190,701 79,286 61,483 - 61,483 - - - 350 2,575 994
India............................................................ 121,600 26,500 78,385 9,000 87,385 - - - - 5,200 1,601
Kazakhstan....................................................... 17,567 - 1,996 - 1,996 - - 10,400 - 1,900 876
Kyrgyz Republic.................................................. 41,364 - 998 - 998 - - 36,500 - 1,550 820
Maldives......................................................... 3,179 3,000 - - - - - - - - 179
Nepal............................................................ 88,964 19,000 32,645 - 32,645 16,979 - - 3,700 900 1,010
Pakistan......................................................... 1,798,201 - 28,443 - 28,443 918,904 - - 114,298 24,800 4,055
Sri Lanka........................................................ 27,837 14,741 - - - - - - - 450 952
Tajikistan....................................................... 44,482 - 1,248 - 1,248 - - 40,290 - 1,725 469
Turkmenistan..................................................... 11,012 - 399 - 399 - - 8,500 - 1,075 288
Uzbekistan....................................................... 11,335 - 2,196 - 2,196 - - 8,250 - 600 289
Central Asia Regional............................................ 23,154 - 1,000 14,254 15,254 - - 7,900 - - -
State South and Central Asia Regional (SCA)...................... 9,245 - - - - 3,535 - - 4,210 1,500 -
USAID South Asia Regional........................................ 4,000 4,000 - - - - - - - - -
Western Hemisphere................................................. 1,856,199 361,463 130,977 203,323 334,300 435,130 - - 506,220 25,200 14,458
Argentina........................................................ 897 - - - - - - - 300 300 297
Belize........................................................... 410 - - 20 20 - - - - - 190
Bolivia.......................................................... 41,915 10,350 16,367 - 16,367 - - - 15,000 - 198
Brazil........................................................... 23,321 15,000 4,990 1,300 6,290 - - - 1,000 400 631
Chile............................................................ 1,321 - - - - - - - - 500 821
Colombia......................................................... 453,218 - - - - 184,426 - - 204,000 4,750 1,695
Costa Rica....................................................... 743 - - - - - - - - - 394
Cuba............................................................. 20,000 - - - - 20,000 - - - - -
Dominican Republic............................................... 36,996 18,103 9,043 9,250 18,293 - - - - - 600
Ecuador.......................................................... 24,254 17,270 - - - - - - 4,500 - 400
El Salvador...................................................... 29,778 23,904 3,086 20 3,106 - - - - - 1,521
Guatemala........................................................ 110,161 49,325 18,068 - 18,068 - - - 3,992 - 192
Guyana........................................................... 16,911 3,000 - 13,525 13,525 - - - - - 386
Haiti............................................................ 380,261 - 26,946 156,240 183,186 131,000 - - 19,420 - 220
Honduras......................................................... 56,017 42,266 10,988 1,000 11,988 - - - - - 765
Jamaica.......................................................... 7,589 5,350 1,200 300 1,500 - - - - - 739
Mexico........................................................... 178,145 25,000 3,455 - 3,455 18,000 - - 117,000 5,700 1,006
Nicaragua........................................................ 24,065 16,400 5,891 897 6,788 - - - - - 538
Panama........................................................... 2,984 - - - - - - - - 150 738
Paraguay......................................................... 6,806 5,500 - - - - - - 500 - 407
Peru............................................................. 96,581 49,789 9,123 50 9,173 - - - 31,500 2,000 619
Suriname......................................................... 251 - - - - - - - - - 251
The Bahamas...................................................... 201 - - - - - - - - - 201
Trinidad and Tobago.............................................. 253 - - - - - - - - - 253
Uruguay.......................................................... 989 - - - - - - - - - 590
Venezuela........................................................ 5,000 - - - - 5,000 - - - - -
Barbados and Eastern Caribbean................................... 32,337 11,231 5,750 14,550 20,300 - - - - - 806
State Western Hemisphere Regional (WHA).......................... 213,579 - - - - 76,704 - - 109,008 11,400 -
USAID Central America Regional................................... 28,562 17,000 5,391 6,171 11,562 - - - - - -
USAID Latin America and Caribbean Regional (LAC)................. 52,835 47,445 5,390 - 5,390 - - - - - -
USAID South America Regional..................................... 9,819 4,530 5,289 - 5,289 - - - - - -
Asia Middle East Regional.......................................... 29,631 18,491 5,490 650 6,140 5,000 - - - - -
Asia Middle East Regional........................................ 29,631 18,491 5,490 650 6,140 5,000 - - - - -
BFS: Bureau for Food Security...................................... 248,306 248,306 - - - - - - - - -
BFS: Board for International Food and Agricultural Development 300 300 - - - - - - - - -
(BIFAD).........................................................
BFS: Community Development....................................... 12,000 12,000 - - - - - - - - -
BFS: Disaster Risk Reduction..................................... 5,000 5,000 - - - - - - - - -
BFS: Market Access for Vulnerable Populations.................... 18,000 18,000 - - - - - - - - -
BFS: Monitoring and Evaluation................................... 15,000 15,000 - - - - - - - - -
BFS: Private Sector Incentives................................... 24,006 24,006 - - - - - - - - -
BFS: Research and Development.................................... 120,000 120,000 - - - - - - - - -
FTF Unallocated29,000............................................ 29,000 - - - - - - - - -
USAID Country Support (BFS)...................................... 25,000 25,000 - - - - - - - - -
CT: Counterterrorism............................................... 137,500 - - - - - - - - 137,500 -
S/CT: RSI, Regional Strategic Initiative......................... 23,000 - - - - - - - - 23,000 -
State Bureau of Counterterrorism (CT)............................ 114,500 - - - - - - - - 114,500 -
DCHA: Democracy, Conflict, and Humanitarian Assistance............. 978,928 96,830 12,974 - 12,974 30,458 54,890 - - - -
Complex Crises Fund.............................................. 39,920 - - - - - - - - - -
DCHA: FEWSNet.................................................... 13,000 13,000 - - - - - - - - -
DCHA/ASHA........................................................ 21,000 21,000 - - - - - - - - -
DCHA/CMM......................................................... 3,500 3,500 - - - - - - - - -
DCHA/CMM: Reconciliation Programs................................ 25,948 9,980 - - - 15,968 - - - - -
DCHA/DG: Core.................................................... 28,850 16,350 - - - 4,500 - - - - -
DCHA/DG: Elections and Political Process Fund.................... 30,325 - - - - - - - - - -
DCHA/DG: Global Labor Program.................................... 9,496 - - - - - - - - - -
DCHA/DG: SPANS, Special Protection and Assistance Needs of 42,164 19,200 12,974 - 12,974 9,990 - - - - -
Survivors.......................................................
DCHA/FFP: Contingency............................................ 132,765 - - - - - - - - - -
DCHA/FFP: Non-Contingency........................................ 8,300 8,300 - - - - - - - - -
DCHA/OFDA........................................................ 563,270 - - - - - - - - - -
DCHA/OTI......................................................... 54,890 - - - - - 54,890 - - - -
DCHA/PPM......................................................... 5,500 5,500 - - - - - - - - -
DRL: Democracy, Human Rights and Labor............................. 66,949 - - - - - - - - - -
State Democracy, Human Rights, and Labor (DRL)................... 66,949 - - - - - - - - - -
EGAT: Economic Growth, Education, and Environment.................. 208,852 181,000 - - - 15,352 - - - - -
USAID Economic Growth, Education and Environment (EGAT).......... 208,852 181,000 - - - 15,352 - - - - -
G/TIP: Office to Monitor and Combat Trafficking in Persons......... 16,233 - - - - - - - 16,233 - -
State Office to Monitor and Combat Trafficking in Persons (G/TIP) 16,233 - - - - - - - 16,233 - -
GH: Global Health.................................................. 320,991 - 320,991 - 320,991 - - - - - -
Global Health: Core.............................................. 320,991 - 320,991 - 320,991 - - - - - -
GH: International Partnerships..................................... 329,079 - 329,079 - 329,079 - - - - - -
GH/IP: Blind Children............................................ 1,996 - 1,996 - 1,996 - - - - - -
GH/IP: Commodity Fund............................................ 20,335 - 20,335 - 20,335 - - - - - -
GH/IP: Global Alliance for Vaccine Immunization (GAVI)........... 89,820 - 89,820 - 89,820 - - - - - -
GH/IP: International AIDS Vaccine Initiative (IAVI).............. 28,710 - 28,710 - 28,710 - - - - - -
GH/IP: Iodine Deficiency Disorder (IDD).......................... 1,500 - 1,500 - 1,500 - - - - - -
GH/IP: Microbicides.............................................. 45,000 - 45,000 - 45,000 - - - - - -
GH/IP: Neglected Tropical Diseases (NTD)......................... 76,846 - 76,846 - 76,846 - - - - - -
GH/IP: Pandemic Influenza and Other Emerging Threats............. 47,904 - 47,904 - 47,904 - - - - - -
GH/IP: TB Drug Facility.......................................... 14,970 - 14,970 - 14,970 - - - - - -
GH/IP: MDR Financing............................................. 1,998 - 1,998 - 1,998 - - - - - -
INL: International Narcotics and Law Enforcement Affairs........... 179,202 - - - - - - - 179,202 - -
INL: Alien Smuggling/Border Security............................. 1,000 - - - - - - - 1,000 - -
INL: Anti-Money Laundering Programs.............................. 4,150 - - - - - - - 4,150 - -
INL: CFSP, Critical Flight Safety Program........................ 16,250 - - - - - - - 16,250 - -
INL: Civilian Policing........................................... 4,000 - - - - - - - 4,000 - -
INL: Criminal Youth Gangs........................................ 7,000 - - - - - - - 7,000 - -
INL: Cyber Crime and IPR......................................... 3,750 - - - - - - - 3,750 - -
INL: Demand Reduction............................................ 12,500 - - - - - - - 12,500 - -
INL: Fighting Corruption......................................... 12,500 - - - - - - - 12,500 - -
INL: ILEA, International Law Enforcement Academy................. 34,000 - - - - - - - 34,000 - -
INL: Inter-regional Aviation Support............................. 57,052 - - - - - - - 57,052 - -
INL: International Organizations................................. 4,500 - - - - - - - 4,500 - -
INL: International Organized Crime............................... 1,000 - - - - - - - 1,000 - -
INL: Program Development and Support............................. 29,250 - - - - - - - 29,250 - -
IO: International Organizations.................................... 351,290 - - - - - - - - - -
IO: ICAO International Civil Aviation Organization............... 950 - - - - - - - - - -
IO: IDLO International Development Law Organization.............. 650 - - - - - - - - - -
IO: IMO International Maritime Organization...................... 400 - - - - - - - - - -
IO: International Chemicals and Toxins Programs.................. 3,800 - - - - - - - - - -
IO: International Conservation Programs.......................... 7,500 - - - - - - - - - -
IO: International Panel on Climate Change / U.N. Framework 10,000 - - - - - - - - - -
Convention on Climate Change....................................
IO: Montreal Protocol Multilateral Fund.......................... 25,500 - - - - - - - - - -
IO: Multilateral Action Initiatives.............................. 1,000 - - - - - - - - - -
IO: OAS Development Assistance................................... 4,750 - - - - - - - - - -
IO: OAS Fund for Strengthening Democracy......................... 3,000 - - - - - - - - - -
IO: U.N. OCHA U.N. Office for the Coordination of Humanitarian 2,940 - - - - - - - - - -
Affairs.........................................................
IO: U.N. Voluntary Funds for Technical Cooperation in the Field 1,372 - - - - - - - - - -
of Human Rights.................................................
IO: U.N. Women (formerly UNIFEM)................................. 6,000 - - - - - - - - - -
IO: UN-HABITAT U.N. Human Settlements Program.................... 2,000 - - - - - - - - - -
IO: UNCDF U.N. Capital Development Fund.......................... 625 - - - - - - - - - -
IO: UNDF U.N. Democracy Fund..................................... 5,000 - - - - - - - - - -
IO: UNDP U.N. Development Program................................ 84,775 - - - - - - - - - -
IO: UNEP U.N. Environment Program................................ 7,700 - - - - - - - - - -
IO: UNESCO / ICSECA International Contributions for Scientific, 1,850 - - - - - - - - - -
Educational, and Cultural Activities............................
IO: UNFPA U.N. Population Fund................................... 37,000 - - - - - - - - - -
IO: UNHCHR U.N. High Commissioner for Human Rights............... 3,238 - - - - - - - - - -
IO: UNICEF U.N. Children's Fund.................................. 132,250 - - - - - - - - - -
IO: UNVFVT U.N. Voluntary Fund for Victims of Torture............ 5,700 - - - - - - - - - -
IO: WMO World Meteorological Organization........................ 2,090 - - - - - - - - - -
IO: WTO Technical Assistance..................................... 1,200 - - - - - - - - - -
ISN: International Security and Nonproliferation................... 266,823 - - - - - - - - 266,823 -
MFS: Multilateral Food Security Programs........................... 25,000 25,000 - - - - - - - - -
Multilateral Food Security Programs.............................. 25,000 25,000 - - - - - - - - -
Middle East Response Fund.......................................... 135,000 - - - - 135,000 - - - - -
Middle East Response Fund........................................ 135,000 - - - - 135,000 - - - - -
ODP - Office of Development Partners............................... 78,471 78,471 - - - - - - - - -
ODP - Cooperative Development Program (CDP)...................... 7,000 7,000 - - - - - - - - -
ODP - Development Grants Program (DGP)........................... 25,000 25,000 - - - - - - - - -
ODP - Private Sector Alliances (PSA)............................. 28,171 28,171 - - - - - - - - -
ODP - Volunteers for Prosperity (VfP)............................ 1,700 1,700 - - - - - - - - -
USAID Office of Development Partners (ODP)....................... 16,600 16,600 - - - - - - - - -
OES: Oceans and International Environmental and Scientific Affairs. 105,552 - - - - 105,552 - - - - -
OES/CC Climate Change............................................ 80,000 - - - - 80,000 - - - - -
OES/FTA-E FTA Environment........................................ 3,800 - - - - 3,800 - - - - -
OES/M Mercury.................................................... 1,150 - - - - 1,150 - - - - -
OES/OESP OES Partnerships........................................ 1,002 - - - - 1,002 - - - - -
OES/SPFF South Pacific Forum Fisheries........................... 18,000 - - - - 18,000 - - - - -
OES/W Water...................................................... 1,600 - - - - 1,600 - - - - -
PM: Political-Military Affairs..................................... 222,999 - - - - - - - - 44,546 5,260
PM: Conventional Weapons Destruction............................. 44,546 - - - - - - - - 44,546 -
PM: FMF Administrative Expenses.................................. 54,453 - - - - - - - - - -
PM: IMET Administrative Expenses................................. 5,260 - - - - - - - - - 5,260
PM: TSCTP, Trans-Sahara Counter-Terrorism Partnership............ 19,940 - - - - - - - - - -
PM: GPOI......................................................... 98,800 - - - - - - - - - -
PPL: Policy, Planning and Learning................................. 18,000 17,000 - - - 1,000 - - - - -
PPL: Donor Engagement............................................ 1,000 1,000 - - - - - - - - -
PPL: Learning, Evaluation and Research........................... 9,000 9,000 - - - - - - - - -
PPL: Science and Technology...................................... 8,000 7,000 - - - 1,000 - - - - -
PRM: Population, Refugees, and Migration........................... 1,744,504 - - - - - - - - - -
PRM, Administrative Expenses..................................... 28,000 - - - - - - - - - -
PRM, Emergency Funds............................................. 49,900 - - - - - - - - - -
PRM, Humanitarian Migrants to Israel............................. 25,000 - - - - - - - - - -
PRM, OA: Africa.................................................. 345,822 - - - - - - - - - -
PRM, OA: East Asia............................................... 38,300 - - - - - - - - - -
PRM, OA: Europe.................................................. 49,700 - - - - - - - - - -
PRM, OA: Migration............................................... 18,200 - - - - - - - - - -
PRM, OA: Near East............................................... 533,300 - - - - - - - - - -
PRM, OA: Protection Priorities................................... 136,548 - - - - - - - - - -
PRM, OA: South Asia.............................................. 105,650 - - - - - - - - - -
PRM, OA: Western Hemisphere...................................... 57,084 - - - - - - - - - -
PRM, Refugee Admissions.......................................... 357,000 - - - - - - - - - -
Reserve............................................................ 16,268 6,432 - - - 9,836 - - - - -
Unallocated Earmarks............................................. 16,268 6,432 - - - 9,836 - - - - -
S/GAC : Office of the Global AIDS Coordinator...................... 1,339,164 - - 1,339,164 1,339,164 - - - - - -
S/GAC, International Partnerships................................ 791,414 - - 791,414 791,414 - - - - - -
S/GAC, Oversight/Management...................................... 171,874 - - 171,874 171,874 - - - - - -
S/GAC, Technical Support//Strategic Information/Evaluation....... 375,876 - - 375,876 375,876 - - - - - -
Special Representatives............................................ 1,250 - - - - 1,250 - - - - -
S/SRMC: Special Representative to Muslim Communities............. 1,250 - - - - 1,250 - - - - -
USAID Forward: Program Effectiveness Initiatives................... 13,000 13,000 - - - - - - - - -
USAID Forward: Program Effectiveness Initiatives................. 13,000 13,000 - - - - - - - - -
USAID Management................................................... 1,536,720 - - - - - - - - - -
Civilian Stabilization Initiative................................ 4,990 - - - - - - - - - -
USAID Capital Investment Fund.................................... 129,740 - - - - - - - - - -
USAID Development Credit Authority Admin......................... 8,283 - - - - - - - - - -
USAID Inspector General Operating Expense........................ 46,407 - - - - - - - - - -
USAID Operating Expense.......................................... 1,347,300 - - - - - - - - - -
USAID Program Management Initiatives............................... 2,177 2,177 - - - - - - - - -
USAID Program Management Initiatives............................. 2,177 2,177 - - - - - - - - -
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
APPENDIX E
FY 2010 Foreign Assistance Acutals, Part II
($ in thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AID
FMF PKO ERMA IO&P MRA FFP IDA DF Admin PCCF CCF
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL............................................................. 5,374,230 304,390 49,900 351,290 1,694,604 1,497,000 863,270 114,770 1,536,720 297,220 39,920
Africa............................................................. 19,098 159,650 - - - 1,213,357 - - - - -
Angola........................................................... - - - - - - - - - - -
Benin............................................................ - - - - - - - - - - -
Botswana......................................................... 339 - - - - - - - - - -
Burkina Faso..................................................... - - - - - 11,652 - - - - -
Burundi.......................................................... - - - - - 27,348 - - - - -
Cameroon......................................................... - - - - - 1,930 - - - - -
Cape Verde....................................................... - - - - - - - - - - -
Central African Republic......................................... - - - - - 6,775 - - - - -
Chad............................................................. 399 - - - - 89,564 - - - - -
Comoros.......................................................... - - - - - - - - - - -
Cote d'Ivoire.................................................... - - - - - 4,718 - - - - -
Democratic Republic of the Congo................................. 300 21,520 - - - 67,250 - - - - -
Djibouti......................................................... 1,996 - - - - 4,823 - - - - -
Ethiopia......................................................... - - - - - 304,667 - - - - -
Gabon............................................................ 200 - - - - - - - - - -
Ghana............................................................ 449 - - - - - - - - - -
Guinea........................................................... - - - - - - - - - - -
Guinea-Bissau.................................................... - - - - - - - - - - -
Kenya............................................................ 998 - - - - 124,776 - - - - -
Lesotho.......................................................... - - - - - - - - - - -
Liberia.......................................................... 7,173 5,000 - - - 27,447 - - - - -
Madagascar....................................................... - - - - - 22,932 - - - - -
Malawi........................................................... 172,571 37,000 67,995 46,448 114,443 - - - - - 400
Mali200.......................................................... - - - - 10,069 - - - - -
Mauritania....................................................... 200 - - - - 5,058 - - - - -
Mauritius........................................................ - - - - - - - - - - -
Mozambique....................................................... - - - - - 20,449 - - - - -
Namibia.......................................................... - - - - - - - - - - -
Niger............................................................ - - - - - 49,479 -
Nigeria.......................................................... 1,212 - - - - - - - - - -
Republic of the Congo............................................ - - - - - - - - - - -
Rwanda........................................................... 300 - - - - 6,058 - - - - -
Sao Tome and Principe............................................ - - - - - - - - - - -
Senegal.......................................................... 399 - - - - - - - - - -
Seychelles....................................................... - - - - - - - - - - -
Sierra Leone..................................................... - - - - - 11,908 - - - - -
Somalia.......................................................... - 75,300 - - - 46,489 - - - - -
South Africa..................................................... 798 - - - - - - - - - -
South Sudan...................................................... - 41,870 - - - 54,634 - - - - -
Sudan............................................................ - - - - - 209,133 - - - - -
Swaziland........................................................ - - - - - - - - - - -
Tanzania......................................................... 200 - - - - 7,876 - - - - -
The Gambia....................................................... - - - - - - - - - - -
Togo............................................................. - - - - - - - - - - -
Uganda........................................................... 300 - - - - 25,908 - - - - -
Zambia........................................................... - - - - - 6,598 - - - - -
Zimbabwe......................................................... - - - - - 45,088 - - - - -
African Union.................................................... - - - - - - - - - - -
State Africa Regional (AF)....................................... 3,635 15,960 - - - - - - - - -
USAID Africa Regional (AFR)...................................... - - - - - - - - - - -
USAID Central Africa Regional.................................... - - - - - - - - - - -
USAID East Africa Regional....................................... - - - - - - - - - - -
USAID Southern Africa Regional................................... - - - - - - - - - - -
USAID West Africa Regional....................................... - - - - - - - - - - -
East Asia and Pacific.............................................. 39,202 - - - - 8,979 - - - - -
Burma............................................................ - - - - - - - - - - -
Cambodia......................................................... 748 - - - - - - - - - -
China............................................................ - - - - - - - - - - -
Indonesia........................................................ 19,960 - - - - - - - - - -
Laos............................................................. - - - - - 1,669 - - - - -
Malaysia......................................................... - - - - - - - - - - -
Marshall Islands................................................. - - - - - - - - - - -
Micronesia....................................................... - - - - - - - - - - -
Mongolia......................................................... 2,996 - - - - - - - - - -
North Korea...................................................... - - - - - - - - - - -
Papua New Guinea................................................. - - - - - - - - - - -
Philippines...................................................... 11,970 - - - - 7,310 - - - - -
Samoa............................................................ - - - - - - - - - - -
Singapore........................................................ - - - - - - - - - - -
Taiwan........................................................... - - - - - - - - - - -
Thailand......................................................... 1,568 - - - - - - - - -
Timor-Leste...................................................... - - - - - - - - - - -
Vietnam.......................................................... 1,960 - - - - - - - - - -
State East Asia and Pacific Regional............................. - - - - - - - - - - -
USAID Regional Development Mission/Asia (RDM/A).................. - - - - - - - - - - -
Europe and Eurasia................................................. 131,171 - - - - - - - - - -
Albania.......................................................... 3,992 - - - - - - - - - -
Armenia.......................................................... 2,994 - - - - - - - - - -
Azerbaijan....................................................... 2,294 - - - - - - - - - -
Belarus.......................................................... - - - - - - - - - - -
Bosnia and Herzegovina........................................... 4,491 - - - - - - - - - -
Bulgaria......................................................... 9,481 - - - - - - - - - -
Croatia.......................................................... 3,493 - - - - - - - - - -
Cyprus........................................................... - - - - - - - - - - -
Czech Republic................................................... 5,988 - - - - - - - - - -
Estonia.......................................................... 2,695 - - - - - - - - - -
Georgia.......................................................... 15,968 - - - - - - - - - -
Greece........................................................... - - - - - - - - - - -
Hungary.......................................................... 998 - - - - - - - - - -
Kosovo........................................................... 5,000 - - - - - - - - - -
Latvia........................................................... 2,794 - - - - - - - - - -
Lithuania........................................................ 2,994 - - - - - - - - - -
Macedonia........................................................ 3,992 - - - - - - - - - -
Malta............................................................ 399 - - - - - - - - - -
Moldova.......................................................... 1,497 - - - - - - - - - -
Montenegro....................................................... 1,472 - - - - - - - - - -
Poland........................................................... 33,932 - - - - - - - - - -
Portugal......................................................... - - - - - - - - - - -
Romania.......................................................... 12,974 - - - - - - - - - -
Russia........................................................... - - - - - - - - - - -
Serbia........................................................... 1,896 - - - - - - - - - -
Slovakia......................................................... 1,397 - - - - - - - - - -
Slovenia......................................................... 748 - - - - - - - - - -
Turkey........................................................... - - - - - - - - - - -
Ukraine.......................................................... 8,982 - - - - - - - - - -
Eurasia Regional................................................. - - - - - - - - - - -
Europe Regional.................................................. - - - - - - - - - - -
International Fund for Ireland................................... - - - - - - - - - - -
Near East.......................................................... 4,740,177 26,000 - - - 38,328 - - - - -
Algeria.......................................................... - - - - - 8,232 - - - - -
Bahrain.......................................................... 15,461 - - - - - - - - - -
Egypt............................................................ 1,297.400 - - - - - - - - - -
Iraq............................................................. - - - - - - - - - - -
Israel........................................................... 2,994,000 - - - - - - - - - -
Jordan........................................................... 299,000 - - - - - - - - - -
Lebanon.......................................................... 74,850 - - - - - - - - - -
Libya............................................................ - - - - - 5,654 - - - - -
Morocco.......................................................... 8,982 - - - - - - - - - -
Oman............................................................. 13,000 - - - - - - - - - -
Saudi Arabia..................................................... - - - - - - - - - - -
Tunisia.......................................................... 17,124 - - - - - - - - - -
United Arab Emirates............................................. - - - - - - - - - - -
West Bank and Gaza............................................... - - - - - 4,429 - - - - -
Yemen............................................................ 19,960 - - - - 20,013 - - - - -
Egypt Debt Relief................................................ - - - - - - - - - - -
Middle East Multilaterals (MEM).................................. - - - - - - - - - - -
Middle East Partnership Initiative (MEPI)........................ - - - - - - - - - - -
Middle East Regional Cooperation (MERC).......................... - - - - - - - - - - -
Multinational Force and Observers (MFO).......................... - 26,000 - - - - - - - - -
Near East Regional Democracy..................................... - - - - - - - - - - -
Trans-Sahara Counter-Terrorism Partnership (TSCTP)............... - - - - - - - - - - -
USAID Middle East Regional (OMEP)................................ - - - - - - - - - - -
South and Central Asia............................................. 305,652 - - - - 296,120 - - - 297,220 -
Afghanistan...................................................... - - - - - 112,549 - - - - -
Bangladesh....................................................... 2,957 - - - - 43,056 - - - - -
India............................................................ - - - - - 914 - - - - -
Kazakhstan....................................................... 2,395 - - - - - - - - - -
Kyrgyz Republic.................................................. 1,496 - - - - - - - - - -
Maldives......................................................... - - - - - - - - - - -
Nepal............................................................ 898 - - - - 13,832 - - - - -
Pakistan......................................................... 295,408 - - - - 115,073 - - - 297,220 -
Sri Lanka........................................................ 998 - - - - 10,696 - - - - -
Tajikistan....................................................... 750 - - - - - - - - - -
Turkmenistan..................................................... 750 - - - - - - - - - -
Uzbekistan....................................................... - - - - - - - - - - -
Central Asia Regional............................................ - - - - - - - - - - -
State South and Central Asia Regional (SCA)...................... - - - - - - - - - - -
USAID South Asia Regional........................................ - - - - - - - - - - -
Western Hemisphere................................................. 84,477 - - - - 94,951 - - - - -
Argentina........................................................ - - - - - - - - - - -
Belize........................................................... 200 - - - - - - - - - -
Bolivia.......................................................... - - - - - - - - - - -
Brazil........................................................... - - - - - - - - - - -
Chile............................................................ - - - - - - - - - - -
Colombia......................................................... 47,904 - - - - 10,443 - - - - -
Costa Rica....................................................... 349 - - - - - - - - - -
Cuba............................................................. - - - - - - - - - - -
Dominican Republic............................................... - - - - - - - - - - -
Ecuador.......................................................... 499 - - - - 1,585 - - - - -
El Salvador...................................................... 1,247 - - - - - - - - - -
Guatemala........................................................ 499 - - - - 38,085 - - - - -
Guyana........................................................... - - - - - - - - - - -
Haiti............................................................ 1,597 - - - - 44,838 - - - - -
Honduras......................................................... 998 - - - - - - - - - -
Jamaica.......................................................... - - - - - - - - - - -
Mexico........................................................... 7,984 - - - - - - - - - -
Nicaragua........................................................ 339 - - - - - - - - - -
Panama........................................................... 2,096 - - - - - - - - - -
Paraguay......................................................... 399 - - - - - - - - - -
Peru............................................................. 3,500 - - - - - - - - - -
Suriname......................................................... - - - - - - - - - - -
The Bahamas...................................................... - - - - - - - - - - -
Trinidad and Tobago.............................................. - - - - - - - - - - -
Uruguay.......................................................... 399 - - - - - - - - - -
Venezuela........................................................ - - - - - - - - - - -
Barbados and Eastern Caribbean................................... - - - - - - - - - - -
State Western Hemisphere Regional (WHA).......................... 16,467 - - - - - - - - - -
USAID Central America Regional................................... - - - - - - - - - - -
USAID Latin America and Caribbean Regional (LAC)................. - - - - - - - - - - -
USAID South America Regional..................................... - - - - - - - - - - -
Asia Middle East Regional.......................................... - - - - - - - - - - -
Asia Middle East Regional........................................ - - - - - - - - - - -
BFS: Bureau for Food Security...................................... - - - - - - - - - - -
BFS: Board for International Food and Agricultural Development - - - - - - - - - - -
(BIFAD).........................................................
BFS: Community Development....................................... - - - - - - - - - - -
BFS: Disaster Risk Reduction..................................... - - - - - - - - - - -
BFS: Market Access for Vulnerable Populations.................... - - - - - - - - - - -
BFS: Monitoring and Evaluation................................... - - - - - - - - - - -
BFS: Private Sector Incentives................................... - - - - - - - - - - -
BFS: Research and Development.................................... - - - - - - - - - - -
FTF Unallocated.................................................. - - - - - - - - - - -
USAID Country Support (BFS)...................................... - - - - - - - - - - -
CT: Counterterrorism............................................... - - - - - - - - - - -
S/CT: RSI, Regional Strategic Initiative......................... - - - - - - - - - - -
State Bureau of Counterterrorism (CT)............................ - - - - - - - - - - -
DCHA: Democracy, Conflict, and Humanitarian Assistance............. - - - - - -167,235 863,270 47,821 - - 39,920
Complex Crises Fund.............................................. - - - - - - - - - - 39,920
DCHA: FEWSNet.................................................... - - - - - - - - - - -
DCHA/ASHA........................................................ - - - - - - - - - - -
DCHA/CMM......................................................... - - - - - - - - - - -
DCHA/CMM: Reconciliation Programs................................ - - - - - - - - - - -
DCHA/DG: Core.................................................... - - - - - - - 8,000 - - -
DCHA/DG: Elections and Political Process Fund.................... - - - - - - - 30,325 - - -
DCHA/DG: Global Labor Program.................................... - - - - - - - 9,496 - - -
DCHA/DG: SPANS, Special Protection and Assistance Needs of - - - - - - - - - - -
Survivors.......................................................
DCHA/FFP: Contingency............................................ - - - - - -167,235 300,000 - - - -
DCHA/FFP: Non-Contingency........................................ - - - - - - - - - - -
DCHA/OFDA........................................................ - - - - - - 563,270 - - - -
DCHA/OTI......................................................... - - - - - - - - - - -
DCHA/PPM......................................................... - - - - - - - - - - -
DRL: Democracy, Human Rights and Labor............................. - - - - - - - 66,949 - - -
State Democracy, Human Rights, and Labor (DRL)................... - - - - - - - 66,949 - - -
EGAT: Economic Growth, Education, and Environment.................. - - - - - 12,500 - - - - -
USAID Economic Growth, Education and Environment (EGAT).......... - - - - - 12,500 - - - - -
G/TIP: Office to Monitor and Combat Trafficking in Persons......... - - - - - - - - - - -
State Office to Monitor and Combat Trafficking in Persons (G/TIP) - - - - - - - - - - -
GH: Global Health.................................................. - - - - - - - - - - -
Global Health: Core.............................................. - - - - - - - - - - -
GH: International Partnerships..................................... - - - - - - - - - - -
GH/IP: Blind Children............................................ - - - - - - - - - - -
GH/IP: Commodity Fund............................................ - - - - - - - - - - -
GH/IP: Global Alliance for Vaccine Immunization (GAVI)........... - - - - - - - - - - -
GH/IP: International AIDS Vaccine Initiative (IAVI).............. - - - - - - - - - - -
GH/IP: Iodine Deficiency Disorder (IDD).......................... - - - - - - - - - - -
GH/IP: Microbicides.............................................. - - - - - - - - - - -
GH/IP: Neglected Tropical Diseases (NTD)......................... - - - - - - - - - - -
GH/IP: Pandemic Influenza and Other Emerging Threats............. - - - - - - - - - - -
GH/IP: TB Drug Facility.......................................... - - - - - - - - - - -
GH/IP: MDR Financing............................................. - - - - - - - - - - -
INL: International Narcotics and Law Enforcement Affairs........... - - - - - - - - - - -
INL: Alien Smuggling/Border Security............................. - - - - - - - - - - -
INL: Anti-Money Laundering Programs.............................. - - - - - - - - - - -
INL: CFSP, Critical Flight Safety Program........................ - - - - - - - - - - -
INL: Civilian Policing........................................... - - - - - - - - - - -
INL: Criminal Youth Gangs........................................ - - - - - - - - - - -
INL: Cyber Crime and IPR......................................... - - - - - - - - - - -
INL: Demand Reduction............................................ 12,500 - - - - - - - 12,500 - -
INL: Fighting Corruption......................................... - - - - - - - - - - -
INL: ILEA, International Law Enforcement Academy................. - - - - - - - - - - -
INL: Inter-regional Aviation Support............................. - - - - - - - - - - -
INL: International Organizations................................. - - - - - - - - - - -
INL: International Organized Crime............................... - - - - - - - - - - -
INL: Program Development and Support............................. - - - - - - - - - - -
IO: International Organizations.................................... - - - 351,290 - - - - - - -
IO: ICAO International Civil Aviation Organization............... - - - 950 - - - - - - -
IO: IDLO International Development Law Organization.............. - - - 650 - - - - - - -
IO: IMO International Maritime Organization...................... - - - 400 - - - - - - -
IO: International Chemicals and Toxins Programs.................. - - - 3,800 - - - - - - -
IO: International Conservation Programs.......................... - - - 7,500 - - - - - - -
IO: International Panel on Climate Change / U.N. Framework - - - 10,000 - - - - - - -
Convention on Climate Change....................................
IO: Montreal Protocol Multilateral Fund.......................... - - - 25,500 - - - - - - -
IO: Multilateral Action Initiatives.............................. - - - 1,000 - - - - - - -
IO: OAS Development Assistance................................... - - - 4,750 - - - - - - -
IO: OAS Fund for Strengthening Democracy......................... - - - 3,000 - - - - - - -
IO: U.N. OCHA U.N. Office for the Coordination of Humanitarian - - - 2,940 - - - - - - -
Affairs.........................................................
IO: U.N. Voluntary Funds for Technical Cooperation in the Field - - - 1,372 - - - - - - -
of Human Rights.................................................
IO: U.N. Women (formerly UNIFEM)................................. - - - 6,000 - - - - - - -
IO: UN-HABITAT U.N. Human Settlements Program.................... - - - 2,000 - - - - - - -
IO: UNCDF U.N. Capital Development Fund.......................... - - - 625 - - - - - - -
IO: UNDF U.N. Democracy Fund..................................... - - - 5,000 - - - - - - -
IO: UNDP U.N. Development Program................................ - - - 84,775 - - - - - - -
IO: UNEP U.N. Environment Program................................ - - - 7,700 - - - - - - -
IO: UNESCO / ICSECA International Contributions for Scientific, - - - 1,850 - - - - - - -
Educational, and Cultural Activities............................
IO: UNFPA U.N. Population Fund................................... - - - 37,000 - - - - - - -
IO: UNHCHR U.N. High Commissioner for Human Rights............... - - - 3,238 - - - - - - -
IO: UNICEF U.N. Children's Fund.................................. - - - 132,250 - - - - - - -
IO: UNVFVT U.N. Voluntary Fund for Victims of Torture............ - - - 5,700 - - - - - - -
IO: WMO World Meteorological Organization........................ - - - 2,090 - - - - - - -
IO: WTO Technical Assistance..................................... - - - 1,200 - - - - - - -
ISN: International Security and Nonproliferation................... - - - - - - - - - - -
State International Security and Nonproliferation (ISN).......... - - - - - - - - - - -
MFS: Multilateral Food Security Programs........................... - - - - - - - - - - -
Multilateral Food Security Programs.............................. - - - - - - - - - - -
Middle East Response Fund.......................................... - - - - - - - - - - -
Middle East Response Fund........................................ - - - - - - - - - - -
ODP - Office of Development Partners............................... - - - - - - - - - - -
ODP - Cooperative Development Program (CDP)...................... - - - - - - - - - - -
ODP - Development Grants Program (DGP)........................... - - - - - - - - - - -
ODP - Private Sector Alliances (PSA)............................. - - - - - - - - - - -
ODP - Volunteers for Prosperity (VfP)............................ - - - - - - - - - - -
USAID Office of Development Partners (ODP)....................... - - - - - - - - - - -
OES: Oceans and International Environmental and Scientific Affairs. - - - - - - - - - - -
OES/CC Climate Change............................................ - - - - - - - - - - -
OES/FTA-E FTA Environment........................................ - - - - - - - - - - -
OES/M Mercury.................................................... - - - - - - - - - - -
OES/OESP OES Partnerships........................................ - - - - - - - - - - -
OES/SPFF South Pacific Forum Fisheries........................... - - - - - - - - - - -
OES/W Water...................................................... - - - - - - - - - - -
PM: Political-Military Affairs..................................... 54,453 118,740 - - - - - - - - -
PM: Conventional Weapons Destruction............................. - - - - - - - - - - -
PM: FMF Administrative Expenses.................................. 54,453 - - - - - - - - - -
PM: IMET Administrative Expenses................................. - - - - - - - - - - -
PM: TSCTP, Trans-Sahara Counter-Terrorism Partnership............ - 19,940 - - - - - - - - -
PM: GPOI......................................................... - 98,800 - - - - - - - - -
PPL: Policy, Planning and Learning................................. - - - - - - - - - - -
PPL: Donor Engagement............................................ - - - - - - - - - - -
PPL: Learning, Evaluation and Research........................... - - - - - - - - - - -
PPL: Science and Technology...................................... - - - - - - - - - - -
PRM: Population, Refugees, and Migration........................... - - 49,900 - 1,694,604 - - - - - -
PRM, Administrative Expenses..................................... - - - - 28,000 - - - - - -
PRM, Emergency Funds............................................. - - 49,900 - - - - - - - -
PRM, Humanitarian Migrants to Israel............................. - - - - 25,000 - - - - - -
PRM, OA: Africa.................................................. - - - - 345,822 - - - - - -
PRM, OA: East Asia............................................... - - - - 38,300 - - - - - -
PRM, OA: Europe.................................................. - - - - 49,700 - - - - - -
PRM, OA: Migration............................................... - - - - 18,200 - - - - - -
PRM, OA: Near East............................................... - - - - 533,300 - - - - - -
PRM, OA: Protection Priorities................................... - - - - 136,548 - - - - - -
PRM, OA: South Asia.............................................. - - - - 105,650 - - - - - -
PRM, OA: Western Hemisphere...................................... - - - - 57,084 - - - - - -
PRM, Refugee Admissions.......................................... - - - - 357,000 - - - - - -
Reserve............................................................ - - - - - - - - - - -
Unallocated Earmarks............................................. - - - - - - - - - - -
S/GAC : Office of the Global AIDS Coordinator...................... - - - - - - - - - - -
S/GAC, International Partnerships................................ - - - - - - - - - - -
S/GAC, Oversight/Management...................................... - - - - - - - - - - -
S/GAC, Technical Support//Strategic Information/Evaluation....... - - - - - - - - - - -
Special Representatives............................................ - - - - - - - - - - -
S/SRMC: Special Representative to Muslim Communities............. - - - - - - - - - - -
USAID Forward: Program Effectiveness Initiatives................... - - - - - - - - - - -
USAID Forward: Program Effectiveness Initiatives................. - - - - - - - - - - -
USAID Management................................................... - - - - - - - - 1,536,720 - -
Civilian Stabilization Initiative................................ - - - - - - - - 4,990 - -
USAID Capital Investment Fund.................................... - - - - - - - - 129,740 - -
USAID Development Credit Authority Admin......................... - - - - - - - - 8,283 - -
USAID Inspector General Operating Expense........................ - - - - - - - - 46,407 - -
USAID Operating Expense.......................................... - - - - - - - - 1,347,300 - -
USAID Program Management Initiatives............................... - - - - - - - - - - -
USAID Program Management Initiatives............................. - - - - - - - - - - -
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
APPENDIX F.--United Nations General Assembly's Third Committee Country Resolution Votes 2011
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Belarus Belarus Burma Burma Burma DPRK DPRK DPRK DRPK Iran Iran Iran Iran Burma DPRK Iran Burma DPRK Iran Burma DPRK Iran
'06 '07 '06 '07 '08 '05 '06 '07 '08 '05 '06 '07 '08 '09 '09 '09 '10 '10 '10 '11 '11 '11
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Afghanistan....................... Y Y Y Y Y Y Y Y Y N N N N Y Y N Y Y N Y Y N
Albania........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Algeria........................... N N N N N A N N N N N N N N N N N N N N N N
Andorra........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Angola............................ A A A A A A A A A A A A A A A A A A A A A A
Antigua-Barbuda................... A A A A A A A A A A A A A A A A A A A A A A
Argentina......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Armenia........................... N N Y Y Y Y N N N N Y N Y N Y A N
Australia......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Austria........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Azerbaijan........................ N N Y A A N N N N N A N N A N N A
Bahamas........................... A Y A Y Y A A Y Y A A Y Y A A A Y Y Y Y Y Y
Bahrain........................... A A A A A A A Y Y N N N N A Y N Y N A Y A A
Bangladesh........................ N N N N N A A Y Y N N N N N A N N A N A N
Barbados.......................... A A A A A A A A A A A A A A A A A A A A A A
Belarus........................... N N N N N N N N N N N N N N N N N N N N N N
Belgium........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Belize............................ A A A A Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Benin............................. A A A A A A A A A A A A A A A A A Y A A Y
Bhutan............................ A Y A A A Y Y Y Y A A A A A Y A A Y A A Y A
Bolivia........................... Y A Y Y A Y Y A A Y A A A A A A A A N A A N
Bosnia/Herzeg..................... Y Y Y Y Y Y Y Y Y Y A Y Y Y Y Y Y Y Y Y Y Y
Botswana.......................... A A A A Y A A A Y A A A Y Y Y Y Y Y Y Y Y Y
Brazil............................ A A Y Y Y Y Y Y A A A A A A A A A Y A A Y A
Brunei Dar-Salam.................. A A N A N A A A A N N A A N A A N A N N A N
Bulgaria.......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Burkina Faso...................... A A A A A A A A A A A A A A A A A A A A A A
Burundi........................... A Y Y Y Y A A Y Y A Y Y A Y Y A Y Y A Y Y
Cambodia.......................... A N A Y A A A A A N A A N A A
Cameroon.......................... A A A A A A A A A A A A A A A A A A A A A A
Canada............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Cape Verde........................ A A A A A A A A A A A A A A A A A Y Y Y Y
Central Afr Rep................... A A A A A A A A A A Y A Y Y Y
Chad.............................. A A A A A A
Chile............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y * Y Y Y Y
China............................. N N N N N N N N N N N N N N N N N N N N N N
Colombia.......................... A A A A A A A A A A A A A A A A A A A A Y Y
Comoros........................... A A A Y Y Y N N N A A N A A N A A N
Congo............................. A A N A A A A A A A A A A A A A A A A A
Costa Rica........................ A Y A Y Y Y A Y Y Y A Y Y Y Y Y Y Y Y Y Y Y
Cote D'ivoire..................... A A A A N A A A A A A A A A A A A A Y A A
Croatia........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Cuba.............................. N N N N N N N N N N N N N N N N N N N N N N
Cyprus............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Czech Rep......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Dem Rep of Korea.................. N N N N N N N N N N N N N N N N N N N N N N
Dem Rep of Congo.................. N A N A A A A A N N A A A A A A Y
Denmark........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Djibouti.......................... A A A A A A A N N N A Y A A Y A
Dominica.......................... A A A A A A
Dominican Rep..................... Y A Y A Y Y Y A A Y Y A A Y Y Y A A Y A A Y
Ecuador........................... A A Y A A Y Y Y A Y Y A A A A N A A A A A N
Egypt............................. N N N N N N N N N N N N N N N N N N N N N A
El Salvador....................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Equat Guinea...................... A A A A A A Y A A Y Y Y
Eritrea........................... A A A A A A A Y Y A A A N A Y N A Y Y
Estonia........................... Y Y Y Y Y A Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Ethiopia.......................... N A A A A A A A A A A A A A A A A A A A A A
Fiji.............................. Y A A A Y Y Y Y Y Y Y Y Y Y Y Y A Y A A A A
Finland........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
France............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Gabon............................. A A A Y Y A
Gambia............................ N A N A N N N A A A A A Y A A
Georgia........................... Y Y Y Y Y Y Y Y A A A Y Y A Y Y Y
Germany........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Ghana............................. A A A Y A A Y Y Y A A A A Y A Y Y A Y Y A
Greece............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Grenada........................... A A A A A A A A A A A A
Guatemala......................... Y A Y Y A Y Y A A Y Y A A A A A A Y A A A A
Guinea............................ A A N A A N N N N N N A A N A A N
Guinea-Bissau..................... A A A A Y A A N A Y N A A A Y Y A
Guyana............................ A A A Y Y A A A A A A A A Y A A Y A A A A A
Haiti............................. A A A A A Y A A A Y A A A A A A A A A Y Y Y
Honduras.......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Hungary........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Iceland........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
India............................. N N N N N A A A A N N N N N A N N A A N A N
Indonesia......................... N N N A A N N N N N N N N A N N A A N A A A
Iran (Islamic Rep)................ N N N N N N N N N N N N N N N N N Y Y Y Y Y
Iraq.............................. Y Y Y Y Y A Y Y Y Y Y Y
Ireland........................... Y Y Y Y Y Y Y Y Y Y Y Y A Y Y Y Y Y Y Y Y Y
Israel............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Italy............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Jamaica........................... A A A A A A A A A A A A A Y Y A Y Y A Y Y A
Japan............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Jordan............................ A A A A A A A Y A A A A A A A Y A A Y A
Kazakhstan........................ N N A Y Y Y Y Y Y N N N N Y Y N Y Y N Y Y N
Kenya............................. A A A Y A A A A A A A A A A A A A A A A A A
Kiribati.......................... Y Y Y Y Y Y Y Y Y
Kuwait............................ A A A A A A A A A N N N N A A N A A N A A A
Kyrgyzstan........................ N N A A A A A A A N N N N A A N A N A Y A
Lao Rep........................... A A N N N N N N N A A A A N A N A A N A A
Latvia............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Lebanon........................... N N Y Y Y Y Y Y N N N N Y Y N Y Y N Y Y N
Lesotho........................... A A A A A A A Y A A A A A A A A A A A A A A
Liberia........................... Y Y A A Y Y Y Y Y Y Y Y Y Y Y Y Y
Libyan AJ......................... N N N N N N N N N N N N N N N N N N N Y Y Y
Liechtenstein..................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Lithuania......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Luxembourg........................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Madagascar........................ A A A A Y A A Y Y A Y A Y
Malawi............................ A A A A A Y Y Y A A N Y Y A A A Y Y
Malaysia.......................... N N N N N N A N N N N N N N N N N N N A A A
Maldives.......................... Y Y Y Y Y N N Y Y Y Y Y Y Y Y
Mali.............................. A A A A A A A A A A A A A A A A A A A A A A
Malta............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Marshall Islands.................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Mauritania........................ A A A Y A A Y A N N N A A N N A A A
Maurtius.......................... A A Y Y Y A A A A A A A A Y A A Y A A Y Y A
Mexico............................ A A Y Y Y Y Y Y Y Y A Y Y Y Y Y Y Y Y Y Y Y
Micronesia (FS)................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Moldova........................... Y A Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Monaco............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y A Y Y Y Y Y Y
Mongolia.......................... A A Y Y Y A A A A Y Y Y Y A Y A
Montenegro........................ Y Y Y Y Y Y Y Y Y Y Y Y Y A Y Y Y Y Y Y
Morocco........................... N A Y Y A Y Y Y N N N A A A Y Y A A Y A
Mozambique........................ A A A A A A A A A A A A A N N N A A A A A A
Myanmar........................... N N N N N N N N N N N N N A A N N N N N N
Namibia........................... A A A A N A N A N A A A A Y Y Y A A A A A A
Nauru............................. A Y Y Y Y Y Y Y Y Y Y Y A A A Y Y Y A Y Y
Nepal............................. A A A A A A A A A A A A A Y Y Y A A A A A A
Netherlands....................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
New Zealand....................... Y Y Y Y Y Y Y Y Y Y Y Y Y N A N Y Y Y Y Y Y
Nicaragua......................... Y N Y A N Y Y Y N Y Y N N A A N N A N N A N
Niger............................. A A A A N A A A A N N N N Y A N A A N A A N
Nigeria........................... A A A A Y A A A A A A A A Y Y Y Y A A A A
Norway............................ Y Y Y Y Y Y Y Y Y Y Y Y Y N N N Y Y Y Y Y Y
Oman.............................. N N N N N N N N N A A N N N N N N N
Pakistan.......................... N N N N A A A N A N N N N Y Y Y A A N A A N
Palau............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Panama............................ A A Y Y Y Y Y Y Y A A Y Y A Y Y Y Y Y Y Y Y
Papua New Guinea.................. A A A A A Y Y Y Y Y A A A Y Y A Y Y Y A Y Y
Paraguay.......................... Y Y Y Y Y Y Y Y Y Y Y Y A Y Y Y Y Y A Y Y A
Peru.............................. Y Y Y Y Y Y Y Y Y Y Y Y Y A A A Y Y Y Y Y Y
Philippines....................... A A A A A A Y Y A A A A A Y Y Y A A A A Y A
Poland............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Portugal.......................... Y Y Y Y Y Y Y Y Y Y Y Y Y A A N Y Y Y Y Y Y
Qatar............................. N N A A A A A A A N N N N Y Y A A A N A A N
Rep of Korea...................... Y Y Y Y Y A Y A Y A A A A Y Y Y Y Y A Y Y Y
Romania........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Russian Fed....................... N N N N N N N N N N N N N N N N N N N N N N
Rwanda............................ A A A A A A A A A A A A A A A A Y A A Y
St Kitts-Nevis.................... A A A A A A Y A A A A A A A A A A
Saint Lucia....................... A A Y A A Y N A Y Y Y Y Y Y Y Y Y Y
St Vincent-Green.................. A A A Y A A Y A A A A A A A A A A A
Samoa............................. A A A A Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
San Marino........................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Sao Tome Principe................. A A Y Y Y Y Y Y
Saudi Arabia...................... A A A A A Y Y Y Y N N N N A Y Y A A A A Y A
Senegal........................... A A A A A A A A A N N N N A A N A A N N A Y
Serbia............................ Y Y Y Y Y Y Y Y Y Y N Y Y A
Seychelles........................ A A Y Y Y Y Y
Sierra Leone...................... A A A A A A A A A A A Y A Y Y Y
Singapore......................... A A A A A A A A A A A A A A A A A A A A A A
Slovakia.......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Slovenia.......................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Solomon Islands................... A A A A A A Y A A Y Y A A A A A Y Y Y Y Y Y
Somalia........................... N N N N N N N A N N N * N
South Africa...................... N N A A A A A A A N N N N Y A A Y A A A A A
South Sudan....................... A A A
Spain............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Sri Lanka......................... A A A A N A A A A N N N N N A N N A N N A N
Sudan............................. N N N N N N N N N N N N N N N N N N N N N N
Suriname.......................... A A A Y A A A A A A A A A A A A A A A A A A
Swaziland......................... A A A A A N A A A N A A A A A A A A A A A A
Sweden............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Switzerland....................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Syrian AR......................... N N N N N Y N N N N N N N N N N N N N N N N
Tajikistan........................ N N A N N N N N N N A A N A A N A A N
Thailand.......................... A A A A A A A A A A A A A A A A A A A A A A
The FYR Macedonia................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Timor-Leste....................... Y Y Y Y Y Y Y Y Y Y Y Y A Y Y A Y Y Y Y Y
Togo.............................. A A A A Y A N A Y N N N N Y Y A Y Y A Y Y A
Tonga............................. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Trinidad-Tobago................... A A A A A A A A A A A A A A A A A A A A
Tunisia........................... A N N N N N N Y Y Y
Turkey............................ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Turkmenistan...................... A N A A A N A A A N A N N A A N N A A N
Tuvalu............................ Y Y Y Y Y Y Y Y Y Y Y Y N Y N Y * Y Y Y A
Uganda............................ A N A N A A A N A A A N A A A A A A A A A A
Ukraine........................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
U A Emirates...................... A A A A A A A A A A A A A A A N A Y N A Y A
United Kingdom.................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
U R Tanzania...................... A A A Y A A A Y Y A A A A Y Y A Y Y A Y Y Y
United States..................... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Uruguay........................... Y Y Y Y Y Y Y Y Y A A A Y Y A Y Y A Y Y A
Uzbekistan........................ N N N N N N N N N N N N N N N N N N N N N
Vanuatu........................... Y Y Y A Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Venezuela......................... N Y N N N N N N N N N N N N N N N N N N N N
Vietnam........................... N N N N N N N S N N N N N N N N N N N N N N
Yemen............................. A N A A A A A Y A N N N N A A N A Y A A A
Zambia............................ A A A A A A A A A A A A A A A A A A A A A
Zimbabwe.......................... N N N N N N N N N N N N N N N N N N N N N N
================================================================================================================================================================================================
Final Vote........................
Yes............................. 70 68 79 88 89 84 91 97 95 77 70 72 70 92 97 74 96 100 80 98 112 86
No.............................. 31 32 28 54 29 22 21 23 24 51 48 50 51 26 19 48 28 18 44 25 16 32
Abstain......................... 67 76 63 66 63 62 60 60 62 46 55 55 60 65 65 59 60 60 57 63 55 59
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* = vote was yes.
DPRK '12 and BURMA '12 = AWV
APPENDIX G
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Universal Declaration of Human Rights
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Preamble
Whereas recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the conscience
of mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear
and want has been proclaimed as the highest aspiration of the
common people,
Whereas it is essential, if man is not to be compelled to
have recourse, as a last resort, to rebellion against tyranny
and oppression, that human rights should be protected by the
rule of law,
Whereas it is essential to promote the development of
friendly relations between nations,
Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human rights, in
the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social
progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve,
in co-operation with the United Nations, the promotion of
universal respect for and observance of human rights and
fundamental freedoms,
Whereas a common understanding of these rights and freedoms
is of the greatest importance for the full realization of this
pledge,
Now, therefore, The General Assembly, proclaims this
Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that
every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and
by progressive measures, national and international, to secure
their universal and effective recognition and observance, both
among the peoples of Member States themselves and among the
peoples of territories under their jurisdiction.
Article 1
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and should
act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of an kind, such
as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status.
Furthermore, no distinction shall be made on the basis of
the political, jurisdictional or international status of the
country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and the security of
person.
Article 4
No one shall be held in slavery or servitude; slavery and
the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a
person before the law.
Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled
to equal protection against any discrimination in violation of
this Declaration and against any incitement to such
discrimination.
Article 8
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or
exile.
Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any criminal
charge against him.
Article 11
1. Everyone charged with a penal offence has the right to
be presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary
for his defence.
2. No one shall be held guilty without any limitation due
to race, of any penal offence on account of nationality or
religion, have the any act or omission which did not constitute
a penal offence, under national or international law, at the
time when it was committed.
Article 12
No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence, nor to attacks
upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and
residence within the borders of each state.
2. Everyone has the right to leave any country, including
his own, and to return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
2. This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes or
from acts contrary to the purposes and principles of the United
Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality
nor be denied the right to change his nationality.
Article 16
1. Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and
full consent of the intending spouses.
3. The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as
in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion
or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless of
frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly
and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the Government of
his country, directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service
in his country.
3. The will of the people shall be the basis of the
authority of government; this will shall be expressed in
periodic and genuine elections which shall be by universal and
equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22
1. Everyone, as a member of society, has the right to
social security and is entitled to realization, through
national effort and international cooperation and in accordance
with the organization and resources of each State, of the
economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to
protection against unemployment.
2. Everyone, without any discrimination, has the right to
equal pay for equal work.
3. Everyone who works has the right to just and favourable
remuneration insuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
4. Everyone has the right to form and to join trade unions
for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays
with pay.
Article 25
1. Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and
necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old age
or other lack of livelihood in circumstances beyond his
control.
2. Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
Article 26
1. Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and
professional education shall be made generally available and
higher education shall be equally accessible to all on the
basis of merit.
2. Education shall be directed to the full development of
the human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of
the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27
1. Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to share
in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral
and material interests resulting from any scientific, literary
or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration can
be fully realized.
Article 29
1. Everyone has duties to the community in which alone the
free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are determined by
law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting
the just requirements of morality, public order and the general
welfare in a democratic society.
3. These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying
for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.
Hundred and eighty-third plenary meeting
Resolution 217(A)(III) of the United Nations General Assembly,
December 10, 1948
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