[Senate Prints 113-21, Volume II]
[From the U.S. Government Publishing Office]


113th Congress 
2d Session                 JOINT COMMITTEE PRINT        S. Prt.
                                                        113-21
_______________________________________________________________________

                                     

 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2011

                     VOLUME II--EUROPE AND EURASIA,
                       NEAR EAST AND NORTH AFRICA

                               ----------                              

                              R E P O R T

                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS
                              U.S. SENATE

                                AND THE

                      COMMITTEE ON FOREIGN AFFAIRS
                     U.S. HOUSE OF REPRESENTATIVES

                                 BY THE

                          DEPARTMENT OF STATE

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

                                     


           COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2011
       VOLUME II--EUROPE AND EURASIA, NEAR EAST AND NORTH AFRICA






113th Congress 
 2d Session              JOINT COMMITTEE PRINT                  S. Prt.
                                                                 113-21
_______________________________________________________________________

                                     


                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2011

                     VOLUME II--EUROPE AND EURASIA,
                       NEAR EAST AND NORTH AFRICA

                               __________

                              R E P O R T

                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS

                              U.S. SENATE

                                AND THE

                      COMMITTEE ON FOREIGN AFFAIRS

                     U.S. 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.


                           EUROPE AND EURASIA

                              ----------                              


                                ALBANIA

                           EXECUTIVE SUMMARY
    The Republic of Albania is a parliamentary democracy. The 
constitution vests legislative authority in the unicameral Assembly 
(parliament), which elects both the prime minister and the president. 
The prime minister heads the government, while the president has 
limited executive power. On May 8, the country held nationwide local 
elections, which the Organization for Security and Cooperation in 
Europe (OSCE) characterized as competitive and transparent, but 
nevertheless highly polarized, due to mistrust between political 
parties in government and in the opposition. Security forces reported 
to civilian authorities.
    Corruption in all branches of government, and particularly within 
the court system, remained a serious problem. A highly polarized 
electoral environment characterized by incidents of fraud and 
controversial ballot counting undermined the right of citizens to 
change their government freely. Police beating and other mistreatment 
of suspects during detention and interrogation, sometimes to elicit 
confessions, were also significant problems.
    Other human rights problems included some cases of physical 
mistreatment in police detention centers, domestic violence and 
discrimination against women, child abuse, and discrimination on the 
basis of ethnic minority status and sexual orientation and gender 
identity. Cases of trafficking in persons continued to be reported.
    The government did not always take steps to prosecute officials who 
committed abuses. Many government officials enjoyed immunity from 
prosecution, and those with powerful business interests often were able 
to avoid prosecution. Some lower-level officials were punished for 
abuses, but police impunity for physical abuse persisted.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:

    a. Arbitrary or Unlawful Deprivation of Life.--During the year 
there was one incident in which government security forces killed four 
persons.
    On January 21, Republican Guards shot at protestors during a 
violent opposition demonstration at the Prime Ministry. Four protestors 
were killed during the demonstration. The prosecutor general opened an 
investigation into the killings. The investigation proceeded slowly. As 
of year's end, no Republican Guards or government officials had been 
indicted for their roles in the shooting deaths.
    On January 25, the Parliamentary Assembly of the Council of Europe 
(COE) passed a resolution calling on the international community and 
government, together with authorities in Serbia and Kosovo, to 
``undertake measures'' to answer COE rapporteur Dick Marty's 
allegations that the Kosovo Liberation Army (KLA) and affiliates 
participated in the detention in Albania of civilian ``prisoners of 
war'' from Kosovo, who were held under inhumane conditions and 
subsequently believed to have been killed between July 1999 and mid-
2000. A number of the persons killed allegedly were held at temporary 
locations at Bicaq, Burrel, Rripe, and Fushe-Kruje, and had organs 
removed at the time of their killings; their organs were trafficked out 
of Albania for medical use abroad.
    The EU Rule of Law Mission in Kosovo (EULEX) War Crimes Unit 
maintained an open investigation into the Marty allegations. On 
November 11, lead investigator Clint Williamson met with Albanian 
officials to begin laying the groundwork for a planned three-year 
investigation. The government publicly expressed its willingness to 
cooperate with the investigation into the alleged crimes. The 
investigation was ongoing at year's end.
    During the year there were continuing reports of societal killings, 
including both generational ``blood feud'' and revenge killings. Such 
killings sometimes involved criminal gangs. According to the Interior 
Ministry, there were five blood feud-related killings during the year. 
Blood feud cases are tried by district courts. The law punishes 
premeditated murder, when committed for revenge or a blood feud, with 
20 years' or life imprisonment.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such actions; however, 
police and prison guards sometimes beat and abused suspects and 
detainees.
    During the violent political protest organized by the opposition on 
January 21 at which Republican Guards shot and killed four persons, 
protesters provoked and assaulted some police officers. Some of the 
police officers retaliated and severely beat protestors; dozens of 
police and protesters were injured.
    There were no reported incidents of rape or other sexual abuse 
during arrest and detention or during institutional confinement.
    The Albanian Helsinki Committee (AHC) and the Albanian Human Rights 
Group (AHRG) reported that police sometimes used excessive force or 
inhuman treatment. The majority of the complaints involved unjustified 
stops by police, detention past legal deadlines, failure to make 
citizens aware of their rights when detained, and poor conditions of 
detention centers. According to the AHRG, police more often mistreated 
suspects at the time of arrest or initial detention. The AHRG reported 
that abuse was more likely to occur in pretrial detention rather than 
prison facilities. Roma, Balkan-Egyptians, and members of marginalized 
communities, especially transgender and gay or lesbian individuals, 
were particularly vulnerable to police abuse.
    Police sometimes used threats and violence to extract confessions.

    Prison and Detention Center Conditions.--Prison conditions varied 
widely between prison facilities dating from the communist period and 
those opened after 1991. The facilities dating from the communist 
period had inadequate sanitation, ventilation, lighting, health care, 
and access to potable water. Access to modern medical care was not 
always available in prisons. Some facilities lacked the appropriate 
infrastructure and were overcrowded. Infrastructure conditions in some 
of the police detention facilities were very troubling. The Ombudsman's 
Office found corruption to be a serious problem in the country's 
detention centers. Prisons opened after 1991 generally met 
international standards.
    At the end of November, there were 4,779 detainees in prisons and 
detention centers, including 94 female prisoners and 123 juveniles. 
There were no reports that authorities held minors together with 
adults. Men and women were held in separate facilities, and pretrial 
detainees were held separately from convicted prisoners.
    Prisoners and detainees have the right to meet relatives, and 
meetings can occur up to four times per month for adults and up to 
eight times for juveniles. Prisoners and detainees are free to exercise 
their religion, and some facilities have special places for religious 
services. Prisoners and detainees are permitted to submit complaints to 
the ombudsman. Every penal installation has a mailbox in which 
prisoners and detainees are entitled to submit complaints without 
censorship. The ombudsman reported that this service was functional. 
The ombudsman position remained vacant from March 2010 until December 
22, 2011, severely hampering the ability of the Ombudsman's Office to 
carry out many of its duties.
    Prisoners and detainees are also entitled under the law to submit 
complaints to judicial and administrative authorities. Authorities 
investigated credible allegations of inhumane conditions and documented 
the results of such investigations, although the results were not 
always easily accessible to the general public.
    The government allowed local and international human rights groups, 
the media, International Committee of the Red Cross, as well as 
international bodies such as the Council of Europe's Committee for the 
Prevention of Torture, to monitor prison conditions.

    d. Arbitrary Arrest or Detention.--The law and constitution 
prohibit arbitrary arrest and detention; however, there were some 
reports that police occasionally arbitrarily arrested and detained 
persons.

    Role of the Police and Security Apparatus.--Local police units 
report to the Ministry of Interior and are the main force responsible 
for internal security. The Republican Guard protects high-level state 
officials and residences. The armed forces are mainly responsible for 
protecting the independence, sovereignty, and territorial integrity of 
the country, with some additional tasks assisting the population in 
times of peace, crisis, or war. The State Intelligence Service gathers 
information and carries out foreign intelligence and 
counterintelligence activities aimed at protecting the state's 
integrity, independence, and constitutional order.
    Civilian authorities maintained effective control over the police, 
Republican Guard, armed forces, and state intelligence services. The 
government has mechanisms to investigate and punish abuse and 
corruption, but there were reports of unpunished abuse and corruption 
within state security agencies. In some instances police impunity was a 
problem. Despite improvements in law enforcement training and 
management, police did not consistently respect the rights of citizens 
and were not fully accountable to the rule of law. Police forces 
participated in internationally coordinated training on detainee 
rights. Visual aids outlining detainee rights and police 
responsibilities were posted in several police stations and detention 
facilities. Police launched a new database tracking tool that improved 
accountability for detainees.
    Police officers did not enforce the law equally, and an 
individual's political or criminal connections often influenced 
enforcement of laws. Low salaries contributed to continued corruption 
and unprofessional behavior, which remained impediments to the 
development of an effective police force.
    During the year the Ombudsman's Office processed complaints against 
police officers mainly on arrest and detention problems. The 
Ombudsman's Office received and made inquiries into 2,029 complaints 
during the year.

    Arrest Procedures and Treatment While in Detention.--The 
constitution requires that a judge or prosecutor issue a warrant for a 
suspect's arrest based on sufficient evidence. There were no reports of 
secret arrests. The prosecutor may release the suspect or petition the 
court within 48 hours to hold the individual further. A court must 
decide within 48 hours whether to place a suspect in detention, require 
bail, prohibit travel, or require the defendant to report regularly to 
the police. In practice prosecutors requested and courts routinely 
ordered detention in many criminal cases. However, courts routinely 
denied prosecutors' requests for detention of well-connected, high-
profile defendants. The constitution requires that authorities inform 
detained persons immediately of the charges against them and of their 
rights. Police sometimes failed to do so. Under the law, police must 
immediately inform the prosecutor of an arrest. There is not an 
effective system for handling the monetary aspect of bail. Instead, 
courts often order suspects to report to police or prosecutors on a 
weekly basis. Courts must provide indigent defendants with free legal 
counsel. This right was respected in practice and defendants were 
generally informed of this right.
    Many suspects are ordered to remain under house arrest, often at 
their own request, because they receive credit for serving this time if 
they are convicted. House arrest is not effectively monitored, and 
suspects can freely move outside without being detected by authorities.

    Arbitrary Arrest.--Arbitrary detentions or false arrests occurred 
infrequently.

    Pretrial Detention.--At the end of November, there were 1,901 
persons in pretrial detention centers and 2, 878 convicted persons in 
prisons. Thus, pretrial detainees constituted 39.7 percent of the total 
prisoner population. The law requires completion of most pretrial 
investigations within three months; however, a prosecutor may extend 
this period to two years or longer. The law provides that the maximum 
pretrial detention should not exceed three years; there were no reports 
that authorities violated this limit during the year. However, lengthy 
pretrial detentions often occurred due to delayed investigations, 
defense mistakes, or the intentional failure of defense counsel to 
appear. Under the law, a judge cannot hold an attorney in contempt of 
court to prevent such delaying actions by attorneys.
    Limited material resources, lack of space, poor court calendar 
management, insufficient staff, and failure of attorneys and witnesses 
to appear prevented the court system from adjudicating cases in a 
timely fashion.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, political pressure, intimidation, 
widespread corruption, and limited resources sometimes prevented the 
judiciary from functioning independently and efficiently. In addition, 
court hearings are often closed to the public. Court security officers 
routinely refuse entry to hearings and routinely call the presiding 
judge in each case to ask if the person seeking admission may attend 
the hearing. Some agencies routinely disregard court orders. The 
politicization of appointments to the High and Constitutional Courts 
threatened to undermine the independence and integrity of these courts.
    On September 9, a remotely detonated bomb killed district court 
Judge Skerdilajd Konomi in Vlore. The investigation into his death was 
ongoing at year's end.

    Trial Procedures.--The law provides that defendants are presumed 
innocent until convicted. The court system does not provide for jury 
trials. Defendants have the right to consult with an attorney, and to 
have one provided at public expense if they cannot afford one. 
Defendants have the right to confront witnesses against them, and 
present witness and evidence in their defense. Defendants have the 
right to appeal.

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

    Regional Human Rights Court Decisions.--Citizens could appeal 
decisions involving alleged violations of the European Convention on 
Human Rights by the state to the ECHR after they had exhausted all 
possibilities for appeal in the country's court system.

    Civil Judicial Procedures and Remedies.--Individuals and 
organizations may seek civil remedies for human rights violations; 
however, courts were susceptible to corruption, inefficiency, 
intimidation, and political tampering. Many court hearings were held in 
judges' offices, which contributed to a lack of professionalism and 
opportunities for corruption. These factors undermined the judiciary's 
authority, contributed to controversial court decisions, and led to an 
inconsistent application of civil law.

    Property Restitution.--A large number of conflicting claims for 
private and religious property confiscated during the communist era 
remained unresolved. A 2010 European Parliament study found a lack of 
human resources, constant turnover within the Office for the 
Restitution of Property (ORP), failure to implement existing 
legislation, and allegations of corruption hampered efforts to restore 
property to rightful owners.

    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 provides for freedom of speech and press, and 
the government generally respected these rights in practice; however, 
there were reports that the government and businesses influenced and 
pressured the media.

    Freedom of Speech.--In general individuals could criticize the 
government publicly or privately without reprisal, although there were 
some exceptions. There were reports that some government employees were 
required to attend government rallies during the election campaign.

    Freedom of Press.--The independent media were active and largely 
unrestrained, although there were cases of direct and indirect 
political pressure on the media, including threats against journalists. 
At times political pressure and lack of funding constrained the 
independent print media, and journalists reported that they practiced 
self-censorship. Political parties, trade unions, and other groups 
published newspapers or magazines independent of government influence.
    The government controlled the editorial line of the public Albanian 
Radio and Television, which operated a national television channel and 
a national radio station and, by law, received 50 percent of its budget 
from the government. While private stations generally operated free of 
direct government influence, most owners believed that the content of 
their broadcasts could influence government action toward their other 
businesses. Business owners also freely used media outlets to gain 
favor and promote their interests with both major parties.

    Violence and Harassment.--There were incidents of violence against 
members of the broadcast media during the year, and journalists were 
subject to pressure from political and business actors.
    On January 21, police personnel beat journalist Ened Janina, 
political editor of the daily newspaper Shekulli, while he was covering 
a political demonstration in Tirana. According to Janina, a prosecutor 
initiated an investigation and received Janina's testimony shortly 
after the protest, but he was never summoned again to testify. The same 
day, reporter Fatos Mahmutaj was grazed by a bullet that killed a man 
standing on the media riser. Mahmutaj claimed on several television 
shows that the bullet wounding him and killing another man came from 
Republican Guard soldiers. Mahmutaj reportedly received several death 
threats after his public statements and left the country days after the 
protest. In the spring, Mahmutaj was granted political asylum in 
Belgium.
    Reporter Artan Hoxha aired footage of the January 21 protest that 
allegedly showed how one of the protestors died. Hoxha stated that four 
days after the broadcast, unknown men handed his 10-year-old son at 
home an envelope that contained three bullets.
    There were no reports of any specific government action to preserve 
media safety or to ensure the individuals who attacked journalists were 
prosecuted.

    Censorship or Content Restrictions.--Journalists continued to 
complain that publishers and editors censored their work either 
directly or indirectly in response to political and commercial 
pressures. Many journalists complained that their lack of employment 
contracts frequently hindered their ability to report objectively and 
encouraged them to practice self-censorship. Broadcasters and 
publishers complained that the government distributed its advertising 
based on favorable reporting rather than viewership or readership.

    Libel Laws/National Security.--The law punishes libel with a prison 
sentence of up to two years and a fine. In November two 
parliamentarians filed libel cases against reporters. Both cases were 
ongoing at year's end.
    In 2009 newspaper publisher Mero Baze was sued by appellate court 
judge Zegjine Sollaku for libel. The Tirana District Court ruled in 
favor of Baze. However, Baze claimed that in September 2010 the 
appellate court, without notifying Baze or his lawyer, ruled that he 
should pay Sollaku 10 million leks ($91,500) in moral damages and 
Baze's newspaper company should pay Sollaku 5 million leks ($45,750). 
Baze appealed the ruling to the High Court, which reportedly failed to 
inform Baze about their ruling upholding the lower court decision 
before initiating collection procedures.

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

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

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide for 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 (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, returning refugees, 
asylum seekers, stateless persons, and other persons of concern.

    In-country Movement.--Internal migrants must transfer their civil 
registration to their new community of residence to receive government 
services and must prove they are legally domiciled through property 
ownership, a property rental agreement, or utility bills. Many persons 
could not provide this proof and thus lacked access to essential 
services. Other citizens lacked formal registration in the communities 
in which they resided, particularly Roma and Balkan-Egyptians. The law 
does not prohibit their registration, but it was often difficult in 
practice to complete.

    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 providing protection to refugees. Under the 
law, there is no time limit for requesting asylum, but the government 
must make the decision regarding granting asylum within 101 days of the 
initial request. The government generally complied with this time 
frame. The government actively cooperated with the UNHCR, which 
provided assistance to refugees.

    Nonrefoulement.--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.

    Temporary Protection.--The government reported there were no 
refugees seeking temporary protection 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 elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--On May 
8, the country held nationwide elections for mayors and city councils 
that the OSCE/ODIHR election observation mission characterized as 
``competitive and transparent'' but ``highly polarized, with mistrust 
between political parties in government and opposition.'' The Central 
Election Commission's (CEC) decision to overturn initial results in the 
mayoral contest in Tirana was widely perceived to be partisan and 
undermined confidence in its independence and impartiality.

    Participation of Women and Minorities.--The law mandates that women 
fill 30 percent of appointed and elected positions, and the electoral 
code provides that 30 percent of candidates should be women. However, 
not all parties followed the electoral code. There were 23 women 
elected to the 140-seat parliament in 2009, an increase from nine in 
the previous parliament. These included the speaker and one woman in 
the Council of Ministers.
    Civil registration requirements and lack of identification among 
the Roma population made it difficult for many of them to participate 
in the May 8 elections. Some Roma candidates were elected to local 
offices. International observers reported attempts to influence 
illiterate Roma voters. There were no Roma elected to parliament nor 
serving in ministerial or subministerial positions. Several members of 
the Greek minority served in parliament and in the executive branch in 
ministerial and subministerial positions, including as the minister of 
labor.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and 
officials frequently engaged in corrupt practices with impunity.
    Corruption in the executive branch was widespread and pervasive. 
The education system remained corrupt, and officials sometimes required 
bribes from students for them to matriculate or pass examinations. 
Doctors and other medical personnel frequently demanded payment to 
provide what should have been free government services. As in other 
sectors, high-profile defendants usually were found not guilty, even in 
the face of overwhelming evidence. While numerous low and mid-level 
officials were prosecuted and often convicted for corruption, 
prosecuting higher level officials remained problematic.
    The government prosecuted corrupt officials and managed complaints 
regarding corrupt police through the ombudsman and the Internal Control 
Service of the Albanian State Police. However, broad immunity 
provisions for judges, members of parliament, and other high-level 
officials prohibit not only prosecution but any use of investigative 
measures, hindering the government's ability to prosecute high-level 
corruption.
    The government's task force against organized crime coordinated 
anticorruption activities. The prime minister headed the task force, 
which included several ministers and heads of independent state-owned 
agencies, such as the public electricity company, and representatives 
of the police and intelligence organizations.
    The joint investigative units to fight economic crime and 
corruption (JIUs) are multiagency units that investigated and 
prosecuted public corruption and other financial crimes. The JIUs 
continued to bring cases in numerous sectors rife with corruption.
    The law prohibits government ministers and their close family 
members from owning a company directly tied to their official 
responsibilities. Since its inception in 2003, the High Inspectorate 
for the Declaration and Audit of Assets (HIDAA) has received assets 
declarations from officials. During the year HIDAA sent 16 cases to 
prosecutors for further investigation and facilitated the resolution of 
210 conflict of interest cases. During the year there were 427 
officials who declared their assets for the first time. During the year 
HIDAA fined 117 individuals for delaying their submissions and fined 
them for conflict of interest.
    The Ministry of Interior reported that state police investigated 
2,065 cases related to corruption and financial crimes during the year, 
and authorities arrested 266 persons. The courts ruled to confiscate 
assets in five cases totaling 259,830,519 leks ($2,377,700) and to 
sequester assets in 11 cases totaling 757,600,138 leks ($6,932,780).
    Corruption in the judiciary is pervasive. Many judges issue rulings 
that do not appear to have any basis in law or fact, leading some to 
believe that the only plausible explanation is corruption or political 
pressure. Broad immunity enjoyed by judges prohibits prosecutors from 
investigating corruption allegations until they make a public request 
to the High Council of Justice to lift the accused judge's immunity, 
and receive its approval. Few judges have been prosecuted for 
corruption because most criminal investigations must remain secret, at 
least initially, in order to be successful.
    Despite these obstacles, at least two corruption cases were pending 
against judges in which ordinary citizens recorded themselves offering 
a bribe to the judge, then provided the video to prosecutors. In a 
recent similar case involving video of a prosecutor discussing a bribe, 
however, the Court of Appeals reversed the conviction, concluding that 
the recording could not be used unless it was ``authorized'' by law 
enforcement.
    The law provides public access to government information, but the 
process for making the information public was often not clear, and 
officials were sometimes reluctant to release information.
    The law requires public officials to release all information and 
official documents with the exception of classified documents and state 
secrets. Citizens often faced serious problems in obtaining such 
information. Most government ministries and agencies posted public 
information directly on their Web sites. However, businesses and 
citizens complained of a lack of transparency and the failure to 
publish regulations or legislation that should be basic public 
information.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally cooperated and responded to their views.

    Government Human Rights Bodies.--The ombudsman is the main human 
rights institution for promoting and enforcing human rights. The 
ombudsman has the authority to monitor judicial proceedings, inspect 
detention and prison facilities, and initiate cases in which a victim 
is unwilling or unable to come forward. Although the ombudsman lacked 
the power to enforce decisions, he acted as a monitor for human rights 
violations. The most common cases included citizen complaints of police 
abuse of power, lack of enforcement of court judgments in civil cases, 
wrongful dismissal, and land disputes. The ombudsman reports to 
parliament annually. The vacancy in the ombudsman position for nearly 
the entire year hampered many of the office's activities. Support staff 
at the ombudsman's office was able to perform some of the ombudsman's 
functions during the year.
    The parliament has a committee on legal issues, public 
administration, and human rights. However, this committee largely was 
ineffective on human rights problems and remained constrained in its 
work by the Socialist Party parliamentary boycott that continued until 
September.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of gender; race; 
color; ethnicity; language; gender identity; sexual orientation; 
political, religious, or philosophical beliefs; economic, education, or 
social situation; pregnancy; parentage; parental responsibility; age; 
family or marital condition; civil status; residence; health status; 
genetic predispositions; disability; or affiliation with a particular 
group. No cases have been presented in court to test enforcement since 
the law was passed in 2010.

    Women.--Rape and Domestic Violence.--The criminal code penalizes 
rape, including spousal rape; however, victims rarely reported spousal 
abuse, and officials did not prosecute spousal rape in practice. The 
concept of spousal rape was not well established, and authorities and 
the public often did not consider it a crime. The law imposes penalties 
for rape and assault depending on the age of the victim. For rape of an 
adult, the prison term is three to 10 years; for rape of an adolescent 
between the ages of 14 and 18, the term is five to 15 years; and, for 
rape of a child under the age of 14, the sentence is seven to 15 years.
    Domestic violence against women, including spousal abuse, remained 
a serious problem. During the year police reported cases of domestic 
violence and the government pressed charges in some cases. The 
Department of Equal Opportunities at the Ministry of Labor, Social 
Affairs, and Equal Opportunity covers women's issues, including 
domestic violence.
    The government opened a new shelter for domestic violence victims 
in Tirana on April 24 that assisted 10 women and 25 children during the 
year; however, non-governmental organizations (NGOs) complained that 
the state-run shelter could not accept victims without a court order. 
NGOs operated 15 shelters in Albania, six in Tirana and nine outside 
the capital. Police reported they received 2,349 domestic violence-
related complaints through their emergency hotline. According to 
government figures, there were 2,181 cases of domestic violence 
reported during the year, compared with 1,744 in 2010. There were 1,779 
cases involving female victims and 402 cases involving male victims. 
Police often did not have the training or capacity to deal with 
domestic violence cases.

    Sexual Harassment.--The law prohibits sexual harassment; however, 
officials rarely enforced the law. In many communities women were 
subjected to societal discrimination as a result of traditional social 
norms that considered women to be subordinate to men.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and have the information and means to do so free from 
discrimination, coercion, and violence. Citizens have access to 
contraception. Under the law, health care is provided to all citizens; 
however, the quality of and access to care, including obstetric and 
postpartum care, was not satisfactory, especially in the remote rural 
areas. This was due mainly to a lack of resources as well as poor local 
governance and resource management problems in rural areas. Women were 
equally diagnosed and treated for sexually transmitted infections, 
including HIV.

    Discrimination.--The law provides equal rights for men and women 
under family law and property law, and in the judicial system. Women 
were not excluded from any occupation in either law or practice, but 
they were underrepresented at the highest levels of their fields. 
Although the law mandates equal pay for equal work, the government and 
employers did not fully implement this provision.

    Children.--Birth Registration.--Citizenship is derived by birth 
within the country's territory and/or from a parent. In general parents 
are required to register the birth of a child in the community where 
they are registered within 60 days if they are residing in the country 
or 90 days if they are residing abroad.
    According to the Children's Rights Center of Albania (CRCA), 
children born to internal migrants or those returning from abroad 
frequently had no birth certificates or other legal documentation and, 
as a result, were unable to attend school. This was particularly a 
problem for Romani families, who often married young and failed to 
register the birth of their children.

    Education.--The law provides for nine years of free education and 
authorizes private schools. School attendance is mandatory through the 
ninth grade or until age 16, whichever occurs first. In practice many 
children left school earlier than the law allowed to work with their 
families, particularly in rural areas. Parents must purchase supplies, 
books, uniforms, and space heaters for some classrooms, which were 
prohibitively expensive for many families, particularly Roma and other 
minorities. Many families also cited these costs as a reason for not 
sending girls to school.

    Child Abuse.--Child abuse, including sexual abuse, occurred, 
although victims rarely reported it.

    Child Marriage.--The minimum age for marriage is 18. Underage 
marriages occur infrequently, mostly in rural areas. According to 
UNICEF statistics, 10 percent of women were married or in union before 
they were 18 years of age. Some NGOs have reported child marriages 
occur in rural communities as part of human trafficking schemes. 
Parents give permission for their girls to marry older foreign men who 
subsequently traffic them into other countries.

    Sexual Exploitation of Children.--In some cases children under the 
age of 18 engaged in prostitution. The penalties for the commercial 
sexual exploitation of children range from fines to 15 years' 
imprisonment. The country has a statutory rape law and the minimum age 
of consensual sex is 14. The penalty for statutory rape of a child 
under the age of 14 is a prison term of five to 15 years. The law 
prohibits making or distributing child pornography; penalties are a 
fine of 1 million leks to 5 million leks ($9,150 to $45,750) and a 
prison sentence of one to five years.

    Displaced Children.--Displaced and street children remained a 
problem, particularly Romani children. Street children begged or did 
petty work; some migrated to neighboring countries, particularly during 
the summer. These children were at highest risk of trafficking, and 
some became trafficking victims. Very few child trafficking cases were 
prosecuted.

    Institutionalized Children.--There were reports that orphans 
leaving the custody of the state at adulthood faced significant 
challenges finding adequate housing and services.

    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 reportedly only a few hundred Jews 
living in the country. There were no reports of anti-Semitic acts.
    In September the government recognized Judaism as an official 
religion.

    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, and the provision of other state services. However, employers, 
schools, health care providers, and providers of other state services 
sometimes discriminated against such persons. The law mandates that new 
public buildings be accessible to persons with disabilities, but the 
government only sporadically enforced the law. Widespread poverty, 
unregulated working conditions, and poor medical care posed significant 
problems for many persons with disabilities.
    Persons with disabilities are not restricted from participating in 
civic affairs. However in practice resource constraints and lack of 
infrastructure make it difficult for them to participate fully in many 
activities. The government has set up social services agencies to 
protect the rights of persons with disabilities, but the agencies are 
often unable to implement their programs for lack of funding.
    The ombudsman regularly inspects mental health institutions. The 
admission and release of patients at mental health institutions was a 
problem due to lack of sufficient financial resources to provide 
adequate psychiatric evaluations.

    National/Racial/Ethnic Minorities.--There were reports of 
significant societal discrimination against members of the Romani and 
Balkan-Egyptian communities. Some schools resisted accepting such 
students, particularly if they appeared to be poor. Local NGOs reported 
that many schools that accepted Romani students marginalized them in 
the classroom, sometimes by physically setting them apart from other 
students. In February two men set fire to a Romani settlement in 
Tirana, destroying dozens of homes and forcing the entire community to 
relocate. The men admitted to their crime in a deal that guaranteed a 
reduced sentence and excluded the Romani victims from seeking damages 
for the property destruction. In November the Tirana District Court 
ruled that the arson did not constitute a hate crime because it did not 
involve the use of ``words or writing.'' The government had not 
provided the victims with an adequate permanent housing solution at 
year's end.
    The law permits official minority status for national groups and 
separately for ethnolinguistic groups. The government defined Greeks, 
Macedonians, and Montenegrins as national groups; Greeks constituted 
the largest of these. The law defined Aromanians (Vlachs) and Roma as 
ethnolinguistic minority groups.
    The ethnic Greek minority pursued grievances with the government 
regarding electoral zones, Greek-language education, property rights, 
and government documents. Minority leaders cited the government's 
unwillingness to recognize ethnic Greek towns outside communist-era 
``minority zones,'' to utilize Greek in official documents and on 
public signs in ethnic Greek areas, or to include a higher number of 
ethnic Greeks in public administration. The government translated 
election materials into Greek and Macedonian for the May 8 elections.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibited 
discrimination against lesbian, gay, bisexual and transgender (LGBT) 
individuals; however, no official claims of discrimination were made, 
and the government has not had an opportunity to enforce the law.
    Despite the law and Albania's formal support for LGBT rights, 
homophobic attitudes remained. In December 2010 the vice chairman of 
the Parliamentary Commission for Social Issues and Health stated during 
a hearing that ``homosexuality should be cured with hormonal treatment 
and psychological consultations.'' After an appeal by LGBT groups, the 
commissioner against discrimination sent a letter to the vice chairman 
on September 30 recommending he avoid discriminatory remarks and 
clarifying that homosexuality was not a disease. LGBT NGOs reported 
some discrimination and loss of employment due to sexual orientation. 
Reports of police harassment of LGBT persons and police brutality 
against transgender sex workers were verified.
    Several NGOs were active in promoting LGBT rights in Albania.

    Other Societal Violence or Discrimination.--The law prohibits 
discrimination against persons with HIV/AIDS; however, enforcement at 
times was lacking. There is a general social stigma against persons 
with HIV/AIDS, although there were no reports of violence against such 
individuals during the year.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
Workers have the right to form independent unions, conduct legal 
strikes, and bargain collectively, and they exercised these rights in 
practice. The law prohibits members of the military and senior 
government officials from joining unions, and requires that a trade 
union have at least 20 members to be registered. The law provides the 
right to strike for all workers except uniformed military, police, 
indispensable medical and hospital personnel, persons providing air 
traffic control and prison services, and both essential and 
nonessential workers in water and electrical utilities. Workers not 
excluded by their position exercised their right to strike in practice.
    The law prohibits antiunion discrimination and provides for 
reinstatement for workers fired for union activity. In practice, 
domestic and migrant workers rarely are protected by these laws.
    Civilian workers in all fields have the constitutional right to 
organize and bargain collectively, and the law establishes procedures 
for the protection of workers' rights through collective bargaining 
agreements. Unions representing public sector employees negotiated 
directly with the government. Effective collective bargaining remained 
difficult, and agreements were hard to enforce. Unions are often 
associated with political parties, and strikes sometimes became 
politicized. The law prohibits strikes that courts judge to be 
political.
    Miners at the Bulqiza chromium mine initiated a hunger strike in 
July to demand increased wages, improved working conditions, and a 
lower retirement age, among other demands. Negotiations between the 
mine owner, ACR Decometal, and miners' unions repeatedly failed. ACR 
refused to negotiate with union representatives because it claimed 
union organizers were instigating the strike for personal and political 
gain. In an effort to end the strike, ACR requested miners sign 
individual contracts that would allow ACR to reorganize the miners' 
union. The company relented in September, and the miners ended the 
strike on mutually agreed upon terms after nearly three months.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, including by children; 
however, women and children were trafficked for 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 sets the minimum age of employment at 16 years and regulates the 
amount and type of labor that children under the age of 18 may perform. 
Children between the ages of 16 and 18 can work in certain specified 
jobs. While the law provides that the Ministry of Labor, Social 
Affairs, and Equal Opportunity is responsible for enforcing minimum age 
requirements through the courts, it lacked resources to adequately 
enforce the law. Labor inspectors investigated the formal labor sector, 
whereas most child labor occurred in the informal sector. Most labor 
inspections occurred in shoe and textile factories; some instances of 
child labor were found during these inspections.
    The law criminalizes exploitation of children for labor or forced 
services, but the government did not enforce the law effectively. 
According to a CRCA estimate released in 2010, more than 50,000 
children under the age of 18 worked at least part time. The CRCA 
reported that the majority of child laborers worked as street or shop 
vendors, beggars, farmers or shepherds, drug runners, vehicle washers, 
textile factory workers, miners, or shoeshine boys. Research suggested 
that begging started at a young age--as early as four or five years of 
age. While the criminal code prohibits the exploitation of children for 
begging, police generally did not enforce this law.
    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 
20,000 leks ($183) per month. According to INSTAT, the average wage for 
government workers in the second quarter of the year was 47,000 leks 
($430) per month. In comparison, the national poverty threshold in 2010 
was $61 per month. The Albanian Institute of Statistics reported that 
average monthly wages in the public sector had increased 6.6 percent 
from 2010. The Ministry of Labor, Social Affairs, and Equal Opportunity 
is responsible for enforcing the minimum wage. The law establishes a 
40-hour workweek; however, individual or collective agreements 
typically set the actual workweek. The law establishes paid annual 
holidays, but in practice only employers in the formal labor market 
guaranteed the right to paid holidays. Many persons worked six days a 
week. The law requires payment of overtime and rest periods, but 
employers did not always observe these provisions in practice. The law 
limits the maximum hours of work per week to 50, and provides for 
premium pay for overtime. The government had no standards for a minimum 
number of rest periods per week and rarely enforced laws related to 
maximum work hours, limits on overtime, or premium pay for overtime. In 
practice these laws did not often apply to workers in the informal 
sector such as domestic employees and migrant workers.
    The Ministry of Labor, Social Affairs, and Equal Opportunity is 
responsible for enforcing occupational health and safety standards and 
regulations. Enforcement was lacking overall. Workplace conditions 
frequently were very poor and, in some cases, dangerous. Penalties 
often do not deter violations because law enforcement agencies lack the 
tools to enforce collection and consequently rarely charge violators.
    Some serious industrial accidents resulting in deaths occurred 
during the year, particularly in the mining sector. Following a 
prolonged strike and mine inactivity, on October 18, an explosion in 
the Bulqiza chromium mine killed one miner and injured eight others. A 
short time later, a landslide in the mine killed a second miner. Wage 
and occupational safety standards violations occur most frequently in 
the textile and shoe industries, construction, and mining sectors.

                               __________

                                ANDORRA

                           EXECUTIVE SUMMARY
    The Principality of Andorra is a constitutional parliamentary 
democracy. Two co-princes--the president of France and the Spanish 
bishop of La Seu d'Urgell--serve with joint authority as heads of 
state, and a delegate represents each in the country. On April 3, the 
country held free and fair multiparty elections for the 28 seats in the 
General Council of the Valleys (the parliament), which selects the head 
of government. Having won a majority in the parliament, the Democrats 
for Andorra (DA) elected Antoni Marti Petit as head of government. The 
national police, the country's sole security force, reported to 
civilian authorities.
    The most significant human rights problem in Andorra is the failure 
of the law to protect effectively the right of workers to bargain 
collectively or to strike. Pretrial detention of up to a year 
reportedly existed for foreigners charged with crimes involving two or 
more countries.
    There were no reports that government officials or the national 
police committed abuses or acted with 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted visits by independent human rights observers. 
There were no reports of deaths in prison or the pretrial detention 
center.
    According to information obtained from the government, as of 
September, there were 36 adults, six women and 29 men, as well as one 
minor in incarceration. The only prison and detention center in the 
country had a capacity of 125 persons.
    The prison regime separated prisoners according to gender, age, and 
other personal circumstances. Conditions of prisoners were the same 
regardless of gender. Prisoners had reasonable access to visitors and 
were permitted religious observance. Authorities permitted prisoners 
and detainees to submit complaints to judicial authorities without 
censorship and to request investigation of credible allegations of 
inhumane conditions and the government permitted monitoring by 
independent nongovernmental observers. There is no prison ombudsman, 
but the country's ombudsman is allowed to visit prisoners without 
restriction. The government investigated and monitored prison and 
detention center conditions.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police, the country's 
only security force, and the government had effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving police during the year.

    Arrest Procedures and Treatment While in Detention.--Warrants are 
required for arrest. Police legally may detain persons for 48 hours 
without bringing them in front of a judge. The judge then has up to 24 
hours to charge the detainee with a crime or to release him. Police 
generally observed this time limit in practice. A system of bail 
exists. The law allows detainees to have prompt access to a lawyer. 
Persons charged with a crime may either choose their own lawyer or 
accept one designated by authorities. Detainees generally had prompt 
access to family members.
    Foreigners accounted for most cases of lengthy (up to one year) 
detentions, primarily because such cases often involved two or even 
three countries.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Defendants enjoy a presumption of innocence. Trials are public, 
and defendants can request a jury. Defendants have the right to be 
present and consult with an attorney in a timely manner. If a defendant 
facing serious criminal charges cannot afford an attorney, the 
government must appoint a public attorney. Defendants can confront or 
question witnesses against them and present witnesses and evidence on 
their behalf. Defendants and attorneys have access to government-held 
evidence in their cases. The law extends the rights to all citizens 
with no exception. Defendants have the right to appeal.

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

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR). During the year the court 
made no rulings involving Andorra.

    Civil Judicial Procedures and Remedies.--The judiciary is 
independent and impartial in civil matters. Plaintiffs can bring 
lawsuits seeking damages for, or cessation of, a human rights 
violation. They may appeal adverse rulings to the ECHR.

    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 
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 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 the 
peaceful expression of views via the Internet, including by e-mail.

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

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide for freedom of assembly and association, and the 
government 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 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 do 
not provide for the granting of asylum or refugee status. However, the 
government from time to time cooperated with the UNHCR and other 
organizations in assisting refugees ``for humanitarian reasons.''
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.--
Observers considered the General Council elections on April 3 to be 
free and fair.

    Participation of Women and Minorities.--After the elections on 
April 3, there were 15 women in the 28-seat parliament, a majority for 
the first time. Two women sat in the nine-seat cabinet.
    Citizens were ethnically and linguistically homogeneous but 
represented only 38 percent of the country's population. The majority 
of the population consists largely of immigrants from Spain, Portugal, 
and France. Because only citizens have the right to vote and hold 
official position, there were no members of minorities in government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
no reports of government corruption during the year.
    Public officials are not subject to financial disclosure laws. The 
Unit for the Prevention and the Fight against Corruption is the 
governmental agency responsible for the implementation and monitoring 
of the provisions contained in the law.
    The law provides for public access to government information, and 
the government permitted access in practice for citizens and 
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    U.N. and Other International Bodies.--From November 28 to December 
1, a delegation from the Council of Europe's Committee to Prevent 
Torture made a periodic visit to the country to review the safeguards 
afforded to persons detained by the police following recent legislative 
reforms and to the conditions of detention in the country. The 
committee did not release the report by the end of the year.

    Government Human Rights Bodies.--The ombudsman's main function is 
to defend and oversee the fulfillment and application of the rights and 
liberties included in the constitution and to ensure that the 
performance of the public sector adheres to constitutional principles. 
The ombudsman is independent from other institutions and provides its 
functions free of charge for interested persons. The ombudsman enjoyed 
the government's cooperation and operated without government 
interference. In general the ombudsman had adequate resources and was 
considered effective. The ombudsman makes a published annual report to 
parliament with recommendations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law declare all persons equal before the law 
and prohibit discrimination on grounds of birth, race, gender, origin, 
opinions, disability, language, or social condition. For the most part, 
the government effectively enforced these provisions.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
including spousal rape; both of which are punishable by up to 15 years' 
imprisonment. Authorities enforced the law effectively, but there were 
no rape cases reported during the year.
    The law penalizes domestic violence with a sentence of up to three 
years for physical or psychological violence. The government enforced 
the law effectively, and there was no police or judicial reluctance to 
act. According to the Ministry of Health, Welfare, and Family, there 
were 185 reports of physical abuse against women during the year, a 
decrease from 2010 when 192 were reported in the first six months. Of 
the 185 cases to which the State Secretariat for Equality and Welfare 
of the Ministry of Health attended, 35 percent of the women were 
Portuguese nationals and 30 percent Spanish. About 50 percent of the 
cases resulted in conviction or punishment.
    Victims of domestic violence could also request help from the 
Andorran International Women's Association (AIWA) and the Andorran 
Women's Association, but victims rarely filed a complaint with police 
due to fear of reprisal. In December 2010 the government opened its 
first shelter for women. Four families have been accommodated in the 
shelter, while an additional five families chose to stay in a hotel 
that the government put at their disposal. In addition, the government 
and AIWA placed abused women and their children in the private 
apartments of families who agreed to provide them with shelter. The 
government also operated a hotline and provided medical and 
psychological services to victims of domestic violence. Caritas, a 
religious nongovernmental organization (NGO), worked closely with the 
government and AIWA on social problems.

    Sexual Harassment.--The law prohibits sexual harassment under the 
provisions for other sexual aggressions, punishable by three months' to 
three years' imprisonment.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely the number of children they wish to have. There was easy 
access to contraception and skilled attendance during childbirth. Women 
and men were treated equally for sexually transmitted infections.

    Discrimination.--The law prohibits discrimination against women 
privately or professionally; however, the USDA, an NGO working for 
women's rights, and trade union representatives, reported cases of 
gender discrimination especially related to unequal salaries for the 
same work. Caritas estimated that women earned 26 percent less than men 
for comparable work. The government made an effort to combat pay 
discrimination in general, and it applied pay equality within the 
government. There are no limitations on women's participation in the 
labor market, and the government encouraged women to participate in 
politics.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents; birth in the country's territory does not confer citizenship.

    Child Abuse.--Violence against children persisted, although it 
decreased from the 222 minors treated for various forms of abuse in 
2010 to the 183 treated in 2011. Authorities placed eight minors with a 
shelter family.

    Sexual Exploitation of Children.--The country's general law against 
rape also covers statutory rape. Child pornography is illegal and 
carries a prison sentence of up to four years. The age of majority, 18 
years, is also the age of consent. The penalty for statutory rape is 15 
years' imprisonment, the same as for rape in general.

    International Child Abductions.--On July 1, the 1980 Hague 
Convention on the Civil Aspects of International Child Abductions 
entered into force for the country.

    Anti-Semitism.--There were no reports of anti-Semitic acts against 
the approximately 500-person Jewish community.

    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. The government enforced it 
effectively. The law mandates access to public buildings, information, 
and communications for persons with disabilities, and the government 
generally enforced this provision. Nevertheless, societal 
discrimination against persons with disabilities existed on a small 
scale in the form of social and cultural barriers. Persons with 
disabilities also faced disadvantages in the labor market.
    According to the National Commission of Assessment (Conava), 
schools continued to implement the law to adapt infrastructure to the 
needs of children with disabilities. An association for persons with 
disabilities operated in the principality. There is no restriction for 
persons with disabilities to participate in civic affairs.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--On the basis of constitutional 
provisions for the right to freedom of ideas, religion, and ideology, 
the government acts against any discrimination that may occur in the 
country. There were no reports of official or societal discrimination 
based on sexual orientation or gender identity in employment or 
occupation, housing, or access to education or health care.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discrimination against persons with HIV/AIDS. 
However, the government bars immigrants with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law recognize that workers have the right to form 
trade unions to defend their economic and social interests. However, 
the law does not provide for collective bargaining or the right to 
strike. Alternate dispute mechanisms such as mediation and arbitration 
exist. Unions continued to criticize the lack of laws that effectively 
develop and protect the constitutional rights of workers.
    In practice the government lacked mechanisms to protect worker 
rights. Neither collective bargaining nor strikes occurred during the 
year. On May 1 (Labor Day), a holiday in the country for the first 
time, approximately 50 workers conducted a peaceful demonstration 
calling on the government to approve new laws further developing 
workers rights. While the law does not prohibit antiunion 
discrimination, there were no official reports that it occurred during 
the year. However, workers continued to be reluctant to admit to union 
membership, fearing retaliation by their employers, and unions did not 
make their membership numbers public.

    b. Prohibition of Forced or Compulsory Labor.--Slavery and forced 
or compulsory labor are punishable by a maximum of 12 years in prison. 
There were no reports that such practices occurred.

    c. Prohibition of Child Labor and Minimum Age for Employment.--
Without exception, the law prohibits children younger than 14 from 
working. Children aged 14 and 15 may work up to two months per year 
during school holidays following strict regulations contained in the 
law. Laws limit work by children aged 14 and 15 to no more than six 
hours per day and by children aged 16 and 17 to eight hours per day, 
provide for safety restrictions, restrict the type of work children may 
perform, and outline other conditions.
    Laws protect children from exploitation in the workplace, and the 
government effectively enforced these laws.
    The labor inspection office in the Ministry of Social Welfare, 
Public Health, and Labor effectively enforced child labor regulations.

    d. Acceptable Conditions of Work.--The national minimum wage is 
5.36 euros ($ 6.97) per hour and 929.07 euros ($1,210) per month. The 
labor inspection office enforced the minimum wage effectively. The law 
limits the standard workweek to five eight-hour days for a total of 40 
hours per week. Workers may work up to two overtime hours per day or 15 
hours per week, 50 hours per month, and 426 hours per year. The law 
provides for premium pay of time plus 25 percent the first four hours 
per week and time plus 50 percent the following four hours. There is a 
required rest period of 12 hours between working shifts.
    The labor inspection office sets occupational health and safety 
standards and has the authority to levy sanctions and fines against 
companies violating them. The law includes agricultural, domestic, and 
migrant workers. Penalties were sufficient to deter violations and 
identify specific government action during the year to prevent 
violations and improve wages and working conditions, particularly for 
hazardous sectors or vulnerable groups.
    During the year the labor inspection office received 101 complaints 
against companies for violating health and safety regulations. 
Accidents at work declined from 4,019 in 2010 to 3,725 in 2011. The 
majority of reported accidents came from the construction, motor, and 
machinery sectors.

                               __________

                                ARMENIA

                           EXECUTIVE SUMMARY
    Armenia's constitution provides for a republic with an elected head 
of state and a unicameral legislature, the National Assembly. In 2008 
Serzh Sargsian became president after a significantly flawed election. 
The ruling coalition, led by Sargsian's Republican Party of Armenia, 
continued to dominate the political system. Security forces reported to 
civilian authorities.
    The most significant human rights problems were limitations on 
citizens' right to change their government, freedom of speech and 
press, and the independence of the judiciary. The government released 
the remaining six opposition members detained in connection with the 
2008 clashes between security forces and protesters disputing the 
outcome of the 2008 presidential election. Since April 28 the 
government began permitting demonstrations and opposition rallies in 
previously restricted areas of the capital city, and all were held 
without incident, although demonstrators from outside of Yerevan at 
times were impeded in their attempts to travel to rallies. The media, 
in particular television, continued to lack diversity of political 
opinion and objective reporting. The government decriminalized libel 
and defamation but established high new civil fines that encouraged 
journalists and media outlets to practice self-censorship. The process 
used to switch from analog to digital television reduced media 
pluralism. Courts remained subject to political pressure from the 
executive branch, and judges operated in a judicial culture that 
expected courts to find the accused guilty in almost every case.
    During the year suspicious deaths occurred in the military under 
noncombat conditions, while hazing and other mistreatment of conscripts 
by officers and fellow soldiers, and a lack of accountability for such 
actions, continued. Allegations of torture continued. Many prisons were 
overcrowded, unsanitary, and lacking in medical services for inmates. 
Police reportedly beat citizens during arrest and interrogation. 
Authorities continued to arrest and detain criminal suspects without 
reasonable suspicion and to detain individuals arbitrarily due to their 
opposition political affiliations or political activities. Authorities 
and laws restricted religious freedom for certain groups. Corruption 
remained a problem, with authorities taking limited measures to curb 
it. Domestic violence remained a problem but largely went unreported to 
authorities. Human trafficking was a problem, but authorities made 
efforts to combat it. Persons with disabilities experienced 
discrimination in almost all areas of life. Lesbian, gay, bisexual, and 
transgender (LGBT) persons were subjected to societal abuse and 
discrimination by military and prison authorities. There were reports 
of forced labor. Workers' rights were limited and existing labor laws 
weakly enforced.
    Although the government took some steps to punish officials in the 
security forces and elsewhere who committed abuses, some members of the 
security forces continued to commit human rights abuses with impunity 
while under the direction of civilian leadership. A government-issued 
report on the deaths of eight civilians and two police officers killed 
in the 2008 postelection violence did not identify the individuals 
responsible for the deaths and largely justified the police response.
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 noncombat deaths in the army continued to be a 
problem. The government reported that during the year 15 military 
servicemen died under noncombat conditions, a decrease from 2010.
    On June 29, soldier Tigran Hambardzumyan's mutilated body was 
discovered in a forest near a military unit based in Kapan. Military 
officials claimed Hambardzumyan had left the base the day before and 
committed suicide.
    Authorities initiated an investigation into the death on suspicion 
of inducing suicide, but by the end of the year there were no 
defendants or suspects in the case. According to the parents, the place 
and circumstances under which their son's body was discovered did not 
match the official version, and no fingerprints were discovered on the 
razor blade Hambardzumyan allegedly used to commit suicide. According 
to official information the razor blade was found more than 50 feet 
away from the body. The parents claimed their son was killed by 
somebody from the officer corps, but their attempts to open a murder 
investigation were unsuccessful. At the end of the year, the 
investigation continued.
    On June 15, the Court of Appeals affirmed the 2010 conviction of 
police officers Ashot Harutyunyan and Moris Hayrapetyan for inducing 
the April 2010 suicide of Vahan Khalafyan while he was in police 
custody. The court also affirmed the acquittal of officers Garik 
Davtyan and Gagik Ghazaryan, who had been charged with abuse of power 
in the case. The court applied the May 26 amnesty resolution, reducing 
the remaining part of Harutyunyan's eight-year sentence by one-third 
and cancelling Moris Hayrepetyan's suspended sentence.
    On August 22, five defendants--Captain Hakob Manukyan, Senior 
Lieutenant Vahagn Hayrapetyan, and Privates Adibek Hovhannisyan, 
Haroutik Kirakosyan, and Mkhitar Mkhitaryan--went on trial for inducing 
the suicide of Lieutenant Artak Nazaryan in 2010. The Helsinki 
Association's review of the investigation alleged nearly 100 procedural 
and material violations, including destruction of the fingerprints on 
the weapon and of the cartridge case of the weapon. Nazaryan's family 
claimed that Nazaryan did not commit suicide and unsuccessfully 
appealed to initiate a new criminal case for murder. The defendants 
also denounced the conduct of the investigation and claimed to be 
innocent. In an interview with Radio Liberty on December 5, Manukyan's 
defense attorney claimed that the five defendants were scapegoats. The 
trial continued at the end of the year.
    Human rights observers asserted that in a majority of reported 
incidents of hazing and deaths in the military, authorities presented a 
sanitized version of events and focused their follow-up investigations 
on reinforcing the initial versions. Observers claimed that the armed 
forces in most cases declined to punish those responsible.
    In April President Sargsian called for a more energetic approach to 
the investigation of the deaths of eight civilians and two police 
officers killed in 2008 as a result of clashes between security forces 
and protesters disputing the results of the 2008 presidential election. 
The Special Investigative Service issued a report on December 23 on the 
status of the ongoing investigation. The report did not identify 
individuals responsible for the deaths and largely concluded that the 
police response was justified. Opposition and human rights figures 
strongly criticized the report.
    Ethnic Armenian separatists, with Armenia's support, continued to 
control most of the Nagorno-Karabakh region of Azerbaijan and seven 
surrounding Azerbaijani territories. According to government sources, 
land mines that were placed along the border with Azerbaijan and along 
the line of contact in the Nagorno-Karabakh conflict killed one and 
injured three military personnel.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the law prohibits such practices, members of the 
security forces continued to employ them regularly. Witnesses reported 
that police beat citizens during arrest and interrogation. Human rights 
nongovernmental organizations (NGOs) made similar allegations, but 
noted that most cases of police mistreatment were unreported due to 
fear of retaliation. According to human rights groups, many individuals 
transferred to prisons from police facilities alleged that police 
tortured, abused, or intimidated them while they were in police custody 
mainly to extort confessions. Most abuses reportedly took place in 
police stations, which were not subject to public monitoring, rather 
than prisons and police detention facilities, which were.
    For example, on May 17, the Civil Society Institute called for 
fairness in the trial of Stepan Hovakimyan and Vahram Kerobyan, who 
claimed that they confessed to theft in a downtown Yerevan cinema only 
after police subjected them to repeated physical and psychological 
abuse. The Civil Society Institute asked for an independent 
investigation of the defendants' torture allegations and an end to the 
practice of basing cases on self-incriminatory confessions. According 
to his lawyer, Hovakimyan was illegally summoned to the police 
department of Yerevan's Kentron district several times and subjected to 
physical and psychological abuse in order to elicit a confession. 
Hovakimyan finally confessed after the police officers threatened to 
abuse him sexually and to ``bring in'' his girlfriend. According to the 
lawyer, the alleged victim of the larceny reported the crime only after 
Hovakimyan had confessed, and police were thus carrying out an 
investigation before a crime was reported. Observers reported that no 
credible investigation was conducted into the allegations of torture 
and the court disregarded Hovakimyan's statements that the confession 
was obtained under duress. The trial continued at year's end.
    On June 21, the Public Monitoring Group of Police Detention 
Facilities (PMG) released its annual report covering 2010. The report 
noted that 175 of the 888 persons transferred from police stations to 
police detention facilities in the capital of Yerevan showed bruises 
and bodily injuries. The causes of the injuries were not identified, 
and no one was held responsible for them. The report described 
inadequate conditions for women and juveniles at police detention 
facilities. According to the PMG, the absence of female police officers 
in the police detention facilities resulted in violations of a number 
of rights of female arrestees, as well as some cases of degrading 
treatment.
    In February the Office of the Human Rights Defender (the 
ombudsman's office) released its 2010 annual report. It stated that 
citizen complaints about illegal actions by police, including 
allegations of torture, continued to grow in comparison with previous 
years. The complaints mostly concerned citizens who claimed they had 
been summoned to police stations, detained there illegally, and 
subjected to inhuman treatment, including torture and beating. 
Complainants also alleged that police officers sought to extort 
confessions through violence, threats, and unlawful pretrial detention. 
According to the report, police routinely provided uninformative, 
formulaic responses to the ombudsman's inquiries about allegations of 
abuse. The report added that such an atmosphere of impunity contributed 
to the increase in such abuse.
    Within the armed forces, substandard living conditions, corruption, 
and the impunity and lack of accountability of commanders continued to 
contribute to mistreatment and noncombat injuries. Although no reliable 
statistics on the prevalence of military hazing were available, 
soldiers reported to human rights organizations that abuses continued. 
Soldiers' families claimed that corrupt officials controlled military 
units, while human rights monitors and the ombudsman reported that the 
government conscripted soldiers with serious disqualifying health 
conditions. According to official information, during the year courts 
convicted 248 military personnel of hazing and related violations and 
27 additional trials were underway at year's end.
    The ombudsman's 2010 annual report stated that the content of the 
complaints about military conscription were unchanged from those 
received in 2009. In general the applicants complained that medical 
examination commissions made incorrect assessments about recruits' 
fitness for military service, and immediate supervisors, commanders, 
and others used violence toward conscripts at the military units, and 
that military units failed to provide proper medical care to sick 
conscripts. On December 30, conscript Hayk Khachatryan died of 
complications from chicken pox. The family blamed the doctors of the 
military hospital for negligence and the commander of his unit, who 
disregarded Khachatryan's complaints and forced him to run more than 
six miles.

    Prison and Detention Center Conditions.--According to official 
data, the number of deaths in prisons during the year was 32, compared 
with 37 in 2010, with most deaths in both years listed as the result of 
illness and some from suicides. Human rights organizations attributed 
the deaths to overcrowding, the poor condition of the buildings, and 
negligence in providing healthcare to inmates. Human rights monitors 
and the ombudsman reported overcrowding, poor sanitary conditions, and 
inadequate medical care and meals at penitentiaries. Prisons were 
connected to local potable water supply networks but experienced 
occasional disruptions in service.
    Although the number of inmates in prisons was reduced as a result 
of an amnesty adopted by the National Assembly on May 26, overcrowding 
remained a significant problem. There were no reports of steps to use 
alternative sentencing for nonviolent offenders or to improve 
recordkeeping. Prisons did not have ombudsmen.
    Human rights activists and attorneys continued to voice concerns 
over the performance of the Commissions on Early Release and Release on 
Parole. The Chamber of Advocates, the country's bar association, 
protested the absence of strict criteria guiding the commissions' 
decision making and withdrew their representatives from the commissions 
in January. The absence of an appeal mechanism and the 
overrepresentation of law enforcement representatives on the 
commissions remained obstacles to due process.
    The Civil Society Monitoring Board (CSMB) consisting of NGO 
representatives continued reporting to the Ministry of Justice on the 
deteriorating health of convicts whom they claimed remained in prison 
despite being qualified for early release. The interagency medical 
commission in charge of considering the early release of prisoners on 
health grounds was generally very slow to act.
    During the year, according to authorities, the average number of 
persons in penitentiaries was 4,812. This included an average of 393 
pretrial detainees and 432 detainees whose cases were in progress or 
who were awaiting verdicts. Pretrial detainees were confined separately 
from convicts. The total capacity of all penitentiary institutions was 
4,395 persons.
    The average numbers of women and juveniles held in the Abovian 
penitentiary for women and juveniles during the year were 198 and 34, 
respectively. One of the 34 juvenile prisoners was female. There were 
no facilities for female juvenile convicts, mainly because juvenile 
girls were rarely convicted. When convicted they were held with adult 
women. Inmates were housed in large dormitories--with women housed 
separately from juvenile boys; according to domestic observers, this 
arrangement generated conditions that were worse than those observed at 
penitentiaries where inmates were confined in separate cells.
    Overcrowding in police detention cells and the use of these cells 
as holding centers for pretrial detainees were described as significant 
problems in the PMG's 2010 report. By law pretrial detainees may not be 
held in police detention cells for more than three days, since cells 
are not equipped to offer detainees suitable conditions for longer-term 
incarceration. Outside of Yerevan pretrial detainees outnumbered 
arrestees in such cells by more than three to one--3,500 of the former 
compared with 951 of the latter. In 2010, according to the report, 
there was a significant decline in the number of pretrial detainees 
held longer than three days. While the report covered police detention 
facilities, the PMG was not permitted to monitor police stations.
    Human rights organizations and the ombudsman continued to raise 
concerns that convicts and detainees did not always have reasonable 
access to visitors and that even their minimal visitation entitlement 
was not always met because of overcrowded conditions and lack of 
suitable space. For example, the ombudsman's annual report stated that 
convicts in Yerevan's Kentron penitentiary met their relatives only for 
short visits due to the lack of suitable space for long-term (conjugal) 
visits and that even during the short-term visits an officer was 
present during the meetings.
    According to the Helsinki Association and the Helsinki Citizens' 
Assembly-Vanadzor, authorities did not investigate credible allegations 
of inhumane conditions. Authorities did not always permit prisoners and 
detainees to submit uncensored appeals to authorities concerning 
credible allegations of inhumane conditions. By law censorship of the 
communications of pretrial detainees requires a court order. In 
practice, according to human rights organizations, there were numerous 
cases when prison administrators censored the letters of detainees 
without judicial oversight.
    The Oversight Department of the Ministry of Justice was in charge 
of monitoring the implementation of the legal standards for 
penitentiaries, but domestic human rights NGOs asserted that these 
standards were not vigorously enforced because the Oversight Department 
did not have sufficient staff and resources to carry out this function 
effectively.
    According to the Ministry of Justice during the year, there were no 
reports or complaints received on violence toward inmates.
    Although the government generally permitted domestic and 
international human rights groups to monitor prison conditions, in 
March the Ministry of Justice prohibited the Helsinki Association's 
continued independent monitoring of penitentiaries after the NGO 
released a critical report on prison conditions. To justify its 
decision, the Ministry of Justice said the Helsinki Association's 
report caused ``objective discontent among a number of convicted and 
detained persons, the prison administration and various layers of 
society.'' The International Committee of the Red Cross was permitted 
to visit both prisons and pretrial detention centers and did so in 
accordance with its usual practice. Authorities generally permitted 
CSMB personnel to visit prisons without advance notice.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention. Although the law requires adequate judicial 
review, judges were often reluctant to challenge prosecutors' requests 
to detain individuals or police conduct during arrests. Statutory law 
does not require that a person who is apprehended under authority of an 
arrest warrant be promptly brought before a judge for review of his 
detention. On the other hand, case law from the Cassation Court (the 
country's highest court for cases that are not related to 
constitutional issues) does require prompt judicial review. In practice 
authorities on occasion arrested and detained criminal suspects without 
reasonable suspicion. Authorities continued, albeit on a much reduced 
scale compared with previous years, to detain individuals who held 
political affiliations or engaged in activities perceived to be in 
opposition to the government.

    Role of the Police and Security Apparatus.--The national police are 
responsible for internal security, while the National Security Service 
is responsible for national security, intelligence activities, and 
border control. The president appoints the heads of both organizations. 
The police and the National Security Service continued to lack 
sufficient training, resources, and established procedures to prevent 
incidents of abuse. In contrast with previous years, however, law 
enforcement bodies began to conduct more credible investigations of 
allegations of abuses committed by their personnel, including abuses 
allegedly committed by high-ranking officials.
    There was no dedicated independent mechanism for investigating 
police abuse, a deficiency noted by the Council of Europe. Citizens may 
sue police in court.
    According to official information, during the year police conducted 
35 internal investigations related to complaints and reports of 
official misconduct and brutality. Of these, police found 17 to be 
unsubstantiated, four inquires were suspended, and in the remaining 
cases police officers involved underwent disciplinary actions and 
received administrative fines and warnings, including one demotion in 
rank.
    Although suspects have the legal right to file complaints before 
trial concerning abuses allegedly committed by law enforcement 
personnel during criminal investigations, they must obtain permission 
from police or the Prosecutor's Office to undergo the forensic medical 
examination necessary to substantiate an accusation of physical abuse. 
Human rights organizations continued to report that authorities rarely 
granted such permission or delayed it until a later date when physical 
signs of abuse were no longer visible. In addition, NGOs reported that 
judges routinely ignored defendants' claims that their testimony was 
coerced through physical abuse.
    Police corruption continued to be a problem, and authorities took 
some measures to combat it, including the prosecution of some high-
ranking officials (see section 4).

    Arrest Procedures and Treatment While in Detention.--By law an 
investigative body must either formally arrest or release an individual 
within three hours of taking him or her into custody. Within 72 hours 
the investigative body must release the arrested person or bring 
charges and obtain a detention warrant from a judge. Judges rarely 
denied police requests for detention warrants. At times police summoned 
individuals and held them longer than three hours without a formal 
arrest on the pretext that they were material witnesses rather than 
suspects. Domestic observers contended police avoided labeling summoned 
persons as suspects to avoid the legal requirement to grant them the 
rights of suspects.
    The law requires police to inform detainees of their rights to 
remain silent, to make a telephone call, and to representation by an 
attorney from the moment of arrest. Detainees must be provided with 
public defenders if they are indigent. In practice police often 
questioned and pressured detainees to confess to crimes prior to 
indictment and in the absence of legal counsel. The practice of 
detaining individuals as ``material witnesses'' before designating them 
as suspects subjected individuals to questioning without the benefit of 
a defense attorney. The U.N. Human Rights Council (UNHRC) Working Group 
criticized this practice. In addition, police sometimes restricted 
detainees' access to family members and attorneys.
    According to the PMG's 2010 report, monitors reported numerous 
instances of persons being formally arrested only after being held from 
one to three days in police stations. Others were formally arrested 
within the required three-hour limit but were subsequently held in 
police stations for one to three days. The report indicated that the 
registries of police detention facilities noted only 238 occasions when 
the right to meet with an attorney had been exercised by the 5,339 
persons held in such facilities during 2010, including multiple 
instances when the same person met with his attorney on several 
occasions. The law provides for a bail system, but in practice courts 
generally denied requests for bail and ordered that defendants remain 
in pretrial detention.
    In some cases defendants were released on their own recognizance 
pending trial, with the requirement that they surrender their passports 
and sign statements promising not to leave the country or, in some 
cases, the city limits.

    Arbitrary Arrest.--The UNHRC Working Group on Arbitrary Detention 
noted in a report issued in February that police, National Security 
Service personnel, and border guards often detained or arrested 
individuals without an arrest warrant. Arrests were often not a 
consequence of a police investigation; rather, people were detained in 
order to be investigated. This was consistent with the common police 
practice of arresting persons at the beginning of an investigation in 
order to obtain a confession, making further investigation unnecessary.
    On July 13, police officers took 14-year-old Yura Simonyan to the 
Shengavit police station in Yerevan. According to media and human 
rights organizations, Simonyan was a witness to an incident involving 
gunfire. On July 14, Simonyan's attorney made several unsuccessful 
attempts to reach her client, but police investigator Kamo Sharoyan 
repeatedly denied the attorney access. Police released Simonyan without 
charge on the evening of July 14. Simonyan said police officers beat 
him and forced him to admit he had seen the gun being fired.

    Pretrial Detention.--According to official information, during the 
year approximately 8 percent of the prison population consisted of 
pretrial detainees, and an additional 9 percent were detainees whose 
trials were in progress.
    Although the law requires that decisions about detention be 
reasonable and that detention be used as a measure of last resort, 
attorneys and court observers complained that in practice detention was 
often approved routinely by courts with little consideration given to 
whether less restrictive alternatives might suffice to assure the 
orderly administration of justice. The overuse of detention applied 
also to juvenile offenders. There is no separate system of justice for 
dealing with juvenile offenders.
    Lengthy pretrial or preventive detention remained a chronic 
problem. Although the law requires a well-reasoned justification for 
extending pretrial custody, judges routinely prolonged custody on 
unclear grounds. On the other hand, authorities generally respected the 
provision prohibiting pretrial detention beyond 12 months. The law does 
not establish any time limits on the detention of defendants once their 
cases are sent to court. According to the UNHRC's February report, 
prosecutors regularly requested and received trial postponements from 
judges, on the grounds that they require more time to prepare for 
trial. Postponements were used as an excuse to prolong investigations. 
On the other hand, prosecutors claimed that the responsibility for the 
postponement of trials belonged to the defense lawyers, because they 
usually argued the need for more time to prepare their defense.

    Amnesty.--In May the National Assembly, at the initiative of the 
president, declared a general amnesty. The last of the individuals 
detained in connection with the 2008 presidential election and 
postelection unrest were released (see section 1.e.). As a result of 
the amnesty, 602 convicts were released and over 800 prosecutions were 
terminated.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; in practice courts remained subject to political 
pressure from the executive branch as well as the self-imposed 
expectation that judges would find the accused guilty in almost every 
case. Although judicial corruption continued to exist, courtroom 
observers believed it occurred less frequently than in the past, in 
part because an increasing number of mid- to low-level government 
personnel charged with corruption made judges conscious that they might 
be at greater risk of disciplinary action than in the past. At the same 
time, the UNHRC reported that the government's fight against corruption 
also had negative implications for the independence of judges, who 
appeared to be ordering harsher penalties from fear of being seen as 
complicit in corruption.
    One of the main impediments to a fair trial was the lack of an 
independent judiciary. Judges themselves lacked efficient legal 
remedies if the executive or legislative branch decided to punish them. 
In one case during the year, the president removed Judge Samvel 
Mnatsakanyan from the bench for granting a defendant's motion to be 
released on bail. The Council of Justice recommended Mnatsakanyan's 
dismissal because he allegedly failed to justify the defendant's 
release; the dismissal was ordered even though the prosecutor had not 
objected to bail and the defendant was ultimately acquitted.
    In a second case during the year, the Cassation Court reportedly 
forced Judge Surik Ghazaryan to resign, and the government denied him 
his full pension, allegedly in retaliation for not consulting with the 
Cassation Court prior to his 2010 ruling in a high-profile case. The 
ruling (reversed at higher levels) followed the 2005 decision of the 
London Court of International Arbitration in favor of Moravel 
Investments LC and ordering OAO Yukos Oil Company to pay Moravel 
Investment more than $655 million. Moravel filed suit in Armenia 
seeking the implementation of the arbitration decision and recovery of 
the assets of OAO Yukos Oil Company. Ghazaryan's appeals to reinstate 
his pension were pending at year's end.
    The vulnerability of judges to dismissal for their decisions, 
combined with the absence of any effective remedy for such treatment, 
had a strong chilling effect on the judiciary. The Council of Justice 
may charge a judge with a miscarriage of justice even for a ruling that 
was never appealed to a higher court or in which the appellate courts 
found no errors. The decisions of the Council of Justice are not 
subject to further review. There were reports that the Cassation Court 
was directly involved in dictating the outcome of almost every case to 
lower court judges.
    Authorities generally complied with court orders.
    Trials usually met many of the procedural standards for fairness. 
They were often unfair in substance, however, because many judges felt 
compelled to work with prosecutors to achieve convictions. Judges were 
reluctant to challenge police experts or hold the prosecution 
accountable for meeting an appropriately high standard of guilt, 
thereby hampering the defendant's ability to mount a credible defense.

    Trial Procedures.--The law provides for the presumption of 
innocence, but in practice this right was violated. The law requires 
that most trials be public but permits exceptions, including in the 
interest of ``morals,'' national security, and for the ``protection of 
the private lives of the participants.'' Juries are not used, a single 
judge issues verdicts in trial courts (except for crimes punishable by 
life imprisonment), and panels of judges preside in the higher courts. 
Defendants have the right to counsel of their own choosing, and the 
government is required to provide them with defense counsel--a public 
defender--upon request. Outside of Yerevan this obligation was 
frequently not honored due to a shortage of defense lawyers.
    By law defendants may confront witnesses, present evidence, and 
examine the government's case in advance of a trial, but in practice 
defendants and their attorneys had very little ability to challenge 
government witnesses. This was particularly prejudicial to defendants 
in challenging the evidence of police officers, who are prohibited by 
law from testifying in their official capacities unless they are a 
witness or a victim in a case. Thus, official police reports detailing 
the evidence found at a crime scene or the confession of a defendant 
were routinely received as evidence without any in-court testimony from 
police. Defense lawyers had almost no ability to challenge the findings 
of these official reports, which courts generally considered to be 
unimpeachable. Judges controlled the ``witness list,'' which designated 
the witnesses deemed to have evidence relevant to a criminal case, and 
defense attorneys complained that at times they were not allowed to 
call or obtain the attendance at trial of witnesses whom they believed 
to have evidence helpful to their client's defense. Defendants, 
prosecutors, and the injured party have the right of appeal and often 
exercised it.
    In its 2011 annual report, the Helsinki Association alleged that 
judges at times questioned the accused in a manner that appeared to 
assume their guilt and dismissed defense attorneys' motions without 
justification, limiting themselves to evidence and motions submitted by 
prosecutors. According to the Helsinki Association, judges at times 
prohibited independent observers from attending trials and rarely gave 
credence to defendants' allegations of torture.
    As in the past, the vast majority of criminal cases sent to trial 
resulted in convictions. Although many weak cases resulted in 
convictions, the practice by police investigators of declining to 
forward weak cases to the courts may also have played a role in the 
high conviction rate. The acquittal rate during the year was 1.9 
percent, compared with 0.9 percent in 2010.

    Political Prisoners and Detainees.--During the year authorities 
released the last six individuals incarcerated in connection with the 
2008 presidential election and postelection unrest. Some were granted 
early release; others were released in the May amnesty.
    On November 11, the first instance court of Malatia Sebastia 
sentenced Andranik Makvetsyan, a Jehovah's Witness, to six months in 
prison. Makvetsyan was immediately incarcerated. Initially Makvetsyan 
was investigated and tried on charges of battery, threats, and 
arrogation over an altercation with a priest of the Armenian Apostolic 
Church, Artak Artenyan, on a public walkway near the church. Makvetsyan 
was acquitted of these charges but convicted of preventing Artenyan's 
``right to preach'' near a church and his ``right to prevent'' 
Makvetsyan from proselytizing. In an amicus curiae brief to the court 
of appeal, the Civil Society Institute argued that the trial court 
found Makvetsyan guilty of violating a right that does not exist in 
Armenia. The institute's brief also contended that the conviction 
unjustly interfered with Makvetsyan's right to express his personal 
beliefs and violated religious freedom. At year's end Makvetsyan 
remained incarcerated pending the outcome of his appeal.

    Regional Human Rights Court Decisions.--Citizens who exhausted 
domestic legal remedies could appeal to the European Court of Human 
Rights (ECHR) against alleged violations by the state of the European 
Convention on Human Rights. Dozens of appeals were pending before the 
court at year's end. During the year the ECHR issued judgments in three 
new cases involving the country and found violations of the convention 
by the state in two of the cases.
    During the year the ECHR ruled in Bayatyan v. Armenia that the 
imprisonment of a plaintiff on account of his objection to military 
service was a violation of the European Convention on Human Rights. At 
year's end 58 people remained in prison for refusing to serve in the 
military or in the alternative service administered by the Ministry of 
Defense, citing reasons of conscience. The government paid the monetary 
judgment awarded by the ECHR to the plaintiff. According to the 
Ministry of Justice, the ECHR ruling was not applicable to those 
imprisoned for refusing alternative service, since there were no 
provisions for alternative service when Bayatyan was imprisoned.
    The government generally complied with ECHR decisions.

    Civil Judicial Procedures and Remedies.--Although citizens had 
access to courts to bring lawsuits seeking damages for, or cessation 
of, human rights violations, the courts were widely perceived as 
corrupt, and potential litigants in civil cases often evaluated the 
advisability of bringing suit by comparing their and their opponent's 
respective resources with which to influence the judge. Citizens also 
had access to the Office of the Ombudsman, as well as the possibility 
of challenging the constitutionality of legislation in the 
Constitutional Court. The Constitutional Court exercised its power to 
determine the constitutionality of statutes in more than 40 cases 
during the year, but its decisions were unevenly enforced because lower 
courts report to the Cassation Court rather than the Constitutional 
Court.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the constitution prohibits unauthorized 
searches and provides for the right to privacy and confidentiality of 
communications, there were unconfirmed reports that the government at 
times violated these rights in practice and that law enforcement bodies 
tapped the telephone communications and e-mail correspondence of 
certain individuals whom the government wanted to keep under scrutiny, 
including human rights activists and the political opposition.
    Law enforcement bodies may not wiretap a telephone, intercept 
correspondence, or conduct searches without obtaining permission by the 
judge. Law enforcement bodies generally adhered to the legal 
procedures, but attorneys claimed that judges, who should only 
authorize such actions after being presented with compelling evidence 
of criminal activity, granted permission arbitrarily, rendering the 
procedure largely a formality.
Section 2. Respect for Civil Liberties, Including:
    Status of Freedom of Speech and Press.--The constitution provides 
for freedom of speech and press. In practice the government did not 
always uphold these rights. Instances of violence against journalists 
decreased, but free speech was limited by a surge of libel and 
defamation lawsuits in which members of the politically connected 
business elite were awarded large monetary damages against opposition 
newspapers and journalists. News outlets engaged in self-censorship 
from fear of punitive monetary judgments against them if they published 
information about the politically connected elite. The media, 
especially television broadcasters, continued to lack diversity of 
political opinion and objective reporting. The switchover process from 
analog to digital television broadcasts further restricted the number 
and diversity of channels on the air. The government did not release 
the audit of the country's television and radio frequencies that 
provided the technical basis for limiting the number of digital 
broadcasting licenses.

    Freedom of Press.--Most newspapers, with the exception of 
government-sponsored Hayastani Hanrapetutyun and its Russian-language 
version, Respublika Armenii, were privately owned. The print media 
published a wide range of viewpoints, although most publications tended 
to reflect the political leanings of their proprietors and financial 
backers. The political factions and business interests that sponsored 
these publications showed little interest in developing fair and 
balanced nationwide coverage. Only a handful of newspapers operated as 
efficient and self-sustaining enterprises.
    Online Web sites were the country's most independent information 
sources. Social media, such as Facebook and YouTube, exerted a small 
but growing influence on social discourse.
    Newspaper circulation remained limited, as did the audience for the 
country's 21 radio stations, three of which were public and two 
broadcast from abroad. All but three of the 82 television stations in 
operation during the year were privately owned; most were small 
broadcasters based in outlying regions. Four stations broadcast from 
abroad. Most stations were owned by politicians in the ruling party or 
politically connected businessmen and presented one-sided views of 
events. Regional television channels provided some alternative 
viewpoints, often via externally produced content.

    Violence and Harassment.--Media outlets, particularly broadcasters, 
feared reprisals for reporting that was critical of the government. 
These reprisals could include lawsuits, the threat of losing a 
broadcast license, a selective tax investigation, or loss of revenue 
when advertisers learned an outlet was in disfavor with the government. 
This fear of retribution led to a high degree of media self-censorship.

    Censorship and Content Restrictions.--Gyumri-based GALA TV 
continued its legal disputes over broadcast rights. The station's 
initial difficulties began in late 2007 when GALA refused to restrict 
its content and continued to provide air to the opposition in advance 
of the 2008 presidential elections. On February 17, in response to a 
suit filed by the city of Gyumri against GALA over the station's use of 
a disputed television tower that the city hall claimed to be its 
property, the trial court ordered GALA to remove its transmitter-
antenna and cable from the tower. Both the court of appeals and the 
Cassation Court upheld the decision. Following the ruling, GALA asked 
the Ministry of Transport and Communication to permit the transfer of 
its antenna and equipment to the central television tower in Gyumri. In 
contrast with similar requests in the past, the ministry offered to do 
so under acceptable terms, and on October 25, GALA moved its equipment 
and started transmission from the central tower with minimal 
disruptions to its programming. Gala continued to experience problems 
securing advertisers, who GALA alleged were under government pressure 
not to patronize the station.
    On October 3, the Administrative Court rejected an appeal by the 
independent A1Plus television news outlet of the denial by the National 
Commission on Television and Radio of its application for a broadcast 
license. This was the 13th unsuccessful bid for a frequency by A1Plus 
since it was forced off the air in 2002. According to A1Plus, it 
appealed after it reviewed the successful application of its competitor 
for the license and found a number of inconsistencies and 
falsifications. It claimed that the commission committed procedural 
violations in rejecting its application. A1Plus continued to maintain 
an active Internet presence.
    A September 9 resolution by the Parliamentary Assembly of the 
Council of Europe addressed the A1Plus case, among other issues. It 
noted that ``the outcome of the December 2010 licensing tender has not 
resulted in a more pluralist media environment,'' and that the ``the 
authorities--in this case, the National Commission on TV and Radio--
rejected the bid from A1Plus, while being fully aware about its 
significance, on what would seem to be purely technical/administrative 
arguments.''

    Libel Laws/National Security.--The repeal of criminal penalties for 
libel in 2010 was initially welcomed by many media and human rights 
observers. However, since the same law set a relatively high ceiling 
for monetary damages that could be awarded by courts in civil libel 
cases, it contributed to a chilled media environment in which outlets 
had to weigh the candor of their reporting against the prospect that 
they could become targets for retaliatory lawsuits that would force 
them out of business. Following several court decisions ordering 
newspapers to pay high fines, authorities complied with the ombudsman's 
call for a Council on Information Disputes. The council, with the 
participation of lawyers and journalists, examined libel cases that had 
been tried during the year and produced expert opinions on individual 
cases, which were published in the media as well as sent to courts and 
related organizations. In one case a court took into consideration a 
report published by the council during a hearing.
    On November 15, the Constitutional Court, responding to an appeal 
by the ombudsman, confirmed the constitutionality of the 2010 law. At 
the same time, the court recommended that lower courts not hold media 
outlets liable for their critical assessment of facts or, when they 
were convicted, order them to pay disproportionately heavy fines.
    In April former president Robert Kocharian sued the Hraparak 
newspaper for six million drams ($15,584) following its publication in 
February of an article that referred to him as ``bloodthirsty.'' The 
court agreed to a temporary freeze of the newspaper's assets. The case 
remained pending 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 reports of 
government restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and the law provide for freedom of 
assembly, but the government occasionally restricted this. In April the 
National Assembly passed a new law on freedom of assembly. 
International experts, who reviewed an earlier draft of the law, 
including the Council of Europe's Venice Commission and the Office of 
Democratic Institutions and Human Rights of the Organization for 
Security and Cooperation in Europe (OSCE), judged it an improvement 
over the existing law. After its enactment, however, local and OSCE 
experts expressed concern that the manner and speed of its adoption was 
an apparent violation of National Assembly procedures and that the 
final version of the law contained blanket restrictions that gave state 
bodies excessive power to obstruct. One of most troublesome provisions 
allows state bodies to prohibit an assembly if it is held ``at such a 
distance from the Presidency, National Assembly, government buildings, 
courts, or penitentiary institutions that threatens their natural 
activity.'' Since the law does not specify a distance, in practice 
authorities could use this provision to obstruct routine protests.
    On at least two occasions early in the year authorities refused to 
accept notifications by the opposition Armenian National Congress 
seeking to hold demonstrations in Freedom Square. On March 17, 
authorities permitted a spontaneous demonstration to enter Freedom 
Square. Beginning on April 28, after the parliament approved the new 
law on freedom of assembly, the government began formally permitting 
demonstrations and opposition rallies in previously restricted areas of 
the capital city, and all were held without incident, although 
demonstrators from outside of Yerevan at times were impeded in their 
attempts to travel to rallies.

    Freedom of Association.--The constitution provides for freedom of 
association, and the government generally respected it in practice. 
Nevertheless registration requirements for all political parties, 
associations, and secular and religious organizations remained 
cumbersome. The law gives citizens the right to form associations, 
including political parties and trade unions, except for persons 
serving in the armed services and law enforcement agencies.

    c. Freedom of Religion.--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. In practice there were some reports of limited 
restrictions connected with travel to political rallies. Authorities 
cooperated with the Office of the U.N. High Commissioner for Refugees 
and other humanitarian organizations in providing protection and 
assistance to refugees, returning refugees and asylum seekers, 
stateless persons, and other persons of concern.

    In-country Movement.--During the year there were reports that 
authorities restricted freedom of movement by preventing citizens 
residing outside Yerevan from traveling to attend opposition rallies in 
the capital. In February authorities reportedly prevented vehicles from 
traveling from Gyumri to Vanadzor, where protests were being held 
against changes to vehicle registration requirements. On October 6, the 
ombudsman received complaints that transportation companies stopped 
providing transportation services during times coinciding with 
scheduled rallies. In response to an inquiry by the ombudsman, the 
Ministry of Transport and Communications verified the interruption in 
service of certain routes and issued a warning to all transport 
companies, in particular companies operating in the cities of 
Etchmiadzin and Abovyan, that they would lose their licenses if they 
suspended services again.

    Foreign Travel.--To leave the country on a temporary or permanent 
basis, citizens must obtain exit visas. Exit visas for temporary travel 
out of the country may be routinely purchased within one day of 
application for approximately 1,000 drams ($2.60) for each year of 
validity.

    Internally Displaced Persons (IDPs).--During the country's war with 
Azerbaijan over Nagorno-Karabakh, authorities evacuated approximately 
65,000 households from the border region, but most IDPs later returned 
to their homes or settled elsewhere. During a visit to the country in 
September 2010, the U.N. representative on the human rights of IDPs, 
Walter Kaelin, cited a lack of adequate housing and limited economic 
opportunities as remaining obstacles faced by some of the country's 
IDPs and former refugees.

    Protection of Refugees.--Access to Asylum.--The laws provide for 
granting asylum or refugee status, and the government has established a 
system for providing protection to refugees.

    Refugee Abuse.--Asylum seekers serving sentences for illegal entry 
into the country were generally not released following the registration 
of their asylum applications and were required to serve the remainder 
of their sentences.

    Access to Basic Services.--Due to a lack of institutional capacity, 
authorities often struggled to integrate asylum seekers into society 
once they obtained permanent residency status. Housing allocated to the 
refugees was often inadequate in supply and in poor condition. Refugees 
faced the same social and economic hardships that confronted the 
general population.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the constitution and law provide citizens with the right 
to change their government peacefully, observers criticized government 
interference with that right during the country's most recent national 
elections.

    Elections and Political Participation.--Recent Elections.--
Observers criticized the 2008 presidential election as significantly 
flawed, with reports of favorable treatment of the government's 
candidate; ballot stuffing; vote buying; multiple voting; and 
intimidation of voters, candidates, and the media during the 2008 
campaign. According to the OSCE, the vote count demonstrated 
deficiencies of accountability and transparency, and complaints and 
appeals procedures were not fully effective. The Central Election 
Commission and the National Commission on Television and Radio did not 
ensure that media provided a level playing field for all candidates, 
and media bias was evident.
    There were continuing complaints that opposition parties had 
limited access to media.
    On May 26, the National Assembly adopted a new electoral code that 
introduced many reforms that the Venice Commission and other 
international observers judged to be improvements. Nevertheless, these 
reforms did not dispel concerns about their implementation, the 
composition of the electoral commissions, or the continued possibility 
of fraud and abuse in connection with the estimated 500,000 to 800,000 
registered voters who reside abroad.

    Political Parties.--There were no reports of undue legal 
restrictions on the registration or activity of political parties. 
Nevertheless, there were some complaints that the government used its 
administrative resources to discourage contributions to opposition 
parties, thereby limiting their activities. Additionally, there were 
allegations that the government discriminated against members of 
opposition political parties in hiring decisions.

    Participation of Women and Minorities.--Women's participation in 
political and public life, especially in decision-making bodies, 
remained low. As of the end of the year, there were 11 women in the 
131-seat National Assembly, two in the cabinet, and no female 
governors. Only five of the elected 52 Yerevan City Council members 
were women, and no women headed any of Yerevan's 12 administrative 
districts.
    The revised electoral code increased from 15 to 20 percent the 
required proportion of female candidates included on each party list of 
candidates for proportional voting. However, in the past a significant 
proportion of female candidates withdrew their candidacy after the 
election, with the result that the proportion of women in the National 
Assembly was well below that intended by the law. The new electoral 
code also introduced minimum gender balance requirements for the 
central and territorial election commissions.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, but 
the government did not implement the law effectively. Corruption 
remained a serious problem; officials frequently engaged in corrupt 
practices with impunity, and authorities took limited preventive 
measures. Civic groups working to address corruption stated that 
authorities continued to ignore media reports implicating government 
officials in corrupt practices.
    The government implemented some measures to combat corruption in 
several state agencies and ministries. For example, it introduced 
revised procedures for obtaining drivers' licenses, passports, and 
business registrations to discourage the acquisition of these documents 
through bribery. The effect of these measures was not reported. During 
the year the Special Investigative Service investigated 58 cases of 
alleged corruption. It forwarded 23 cases involving 47 people, 
including 33 state officials, to the court.
    On May 12, the Chamber of Control presented its 2010 annual report, 
which found that the State Social Security Service issued thousands of 
pensions in the names of pensioners who had been dead for years. The 
report implied that this money, approximately 113 million drams 
($293,500), was pocketed by officials from the service in Yerevan. The 
chief of the service, Vazgen Khachikian, was dismissed from his post 
shortly after the report's issuance. The Prosecutor's Office combined 
the criminal case launched into the embezzlement with the criminal case 
of other violations in the service, namely embezzlement of 
approximately 60 million drams ($155, 840) by the regional subdivisions 
of the service. At the end of the year, a special police task force was 
investigating the case. The task force had not brought charges against 
Khachikian at year's end, although according to official information, 
24 others had been indicted.
    Corruption among police remained a problem. Several anticorruption 
probes of senior police officials suggested that officials were being 
held accountable more frequently than in previous years for their 
alleged malfeasance. On March 24, authorities arrested Major-General 
Hovhannes Tamamian, head of the Directorate General of Criminal 
Investigations of the national police, on charges of abusing his 
authority with grave consequences. Prosecutors accused Tamamian of 
deliberately mishandling the investigations of killings in May 2010 in 
Yerevan and in 2009 in Gavar, presumably to help persons connected to 
him. On March 15, prior to Tamamian's arrest, President Sargsian 
convened an extraordinary assembly of senior law enforcement officials, 
where he accused police leadership of corruption and incompetence, 
alluding to the Tamamian case in particular.
    On August 30, Colonel Margar Ohanian, head of the country's traffic 
police, was arrested for abuse of power, grand larceny, and embezzling 
218 million drams ($566,230) worth of gasoline intended for traffic 
police vehicles. Ohanian was relieved of his duties on September 1 and 
faced up to eight years in prison for his alleged crimes.
    Financial disclosure laws require that all public officials and 
their family members, as well as citizens with annual incomes exceeding 
eight million drams ($20,780), file annual asset declarations. It was 
unclear to what extent officials and individuals with high incomes 
complied. Domestic observers reported that tax authorities lacked the 
capacity and resources to verify the reliability of those asset 
declarations that were filed.
    Although the constitution and laws prohibit individuals engaged in 
entrepreneurial activity from holding public office, businessmen 
continued to occupy seats in parliament, and various government 
officials reportedly continued to use their offices to promote their 
private business interests.
    The law provides for public access to government information. In 
practice many government bodies and officials were reluctant to grant 
such access. As of year's end, the government had not adopted the 
regulations on the collection and provision of information that were 
required by, and supplementary to, the 2003 Freedom of Information Law. 
Officials cited the absence of these regulations when refusing to 
provide information. NGOs were more successful in gaining access to 
information through the courts than obtaining it directly from 
government agencies.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restrictions, freely 
investigating and publishing their findings on human rights cases. 
Government officials were sometimes cooperative and responsive to their 
views.
    Authorities generally did not deny requests to meet with domestic 
NGO monitors and followed some NGO recommendations, particularly those 
related to social welfare, education, and local matters. At the same 
time, they were usually unresponsive to NGO allegations of mistreatment 
and abuse by law enforcement bodies. Authorities' general response in 
such instances was that they had investigated the allegations but could 
not corroborate them.
    Authorities occasionally harassed selected human rights groups. For 
example, in October the group ``Army in Reality,'' together with 
several human rights NGOs, joined to support families whose sons had 
died in the army and who were holding regular protests in front of 
government buildings. They protested against human rights violations 
and noncombat deaths and demanded investigations into the deaths. The 
NGOs' participation spurred negative reactions by high-ranking Defense 
Ministry officials. The then deputy minister of defense, subsequently 
national chief of police, Vladimir Gasparyan, in several interviews 
called the ``Helsinki organizations'' participating in the initiative 
``grant-eaters'' and people ``without dignity and patriotism.'' In 
interviews Gasparyan accused the human rights organizations of carrying 
out orders of international donors. On November 10, the Helsinki 
Citizens Assembly-Vanadzor filed a lawsuit against Gasparyan and 
demanded a public apology to the protesters and symbolic compensation 
of 10 drams (approximately two cents) for damages to the organization's 
reputation. On December 6, a member of the National Assembly from the 
ruling Republican Party, Karen Avagyan, made similar comments about the 
organizations in the National Assembly.

    Government Human Rights Bodies.--There is an ombudsman whose 
mandate is to protect human rights and fundamental freedoms from abuse 
by the national, regional, and local governments. The National Assembly 
selected a new ombudsman on March 2.
    An August 2010 decree establishing a body overseeing the activities 
of nonprofit organizations was not actively implemented during the 
year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status. In practice the 
government did not effectively enforce these prohibitions.

    Women.--Rape and Domestic Violence.--Rape is a criminal offense and 
carries a maximum sentence of 15 years. There are no laws explicitly 
criminalizing marital rape. According to official statistics, 
authorities registered 15 cases of rape and attempted rape during the 
year. In connection with these cases, eight individuals were convicted, 
and the remaining cases remained under investigation. Crimes such as 
rape continued to be underreported due to social stigma.
    There was no law that specifically addressed domestic violence. 
Spousal abuse and violence against women were believed to be 
widespread. From January to June, the Women's Resource Center 
registered 709 calls to its hotline complaining of domestic violence. A 
majority of those (442) involved psychological violence, 260 involved 
physical violence, and seven involved sexual violence. The center also 
reported that the number of families receiving support in its emergency 
shelter increased by nine in the first half of the year; from January 
to June, the shelter served 25 women with 27 children.
    In addition to the one permanent NGO-supported shelter for 
survivors of domestic violence, a new state-of-the-art private facility 
opened in a village near Yerevan in June. The facility served 
disadvantaged and vulnerable women, including, but not limited to, 
domestic violence survivors.
    According to domestic observers, most domestic violence continued 
to go unreported because victims were afraid of physical harm, 
apprehensive that police would return them to their husbands, or 
ashamed to disclose their family problems. There were also reports that 
police were reluctant to act in such cases and discouraged women from 
filing complaints, especially in the regions outside of Yerevan. The 
majority of domestic violence cases were of low or medium gravity. In 
such cases a victim can decline to press charges, and victims who 
reported domestic violence were often pressured by perpetrators to 
withdraw charges or recant previous testimony.
    In March Yanis Sargisov went on trial for causing the death of his 
wife Zaruhi Petrosyan. A coalition of women's rights NGOs actively 
followed the case, attending the trial, and organizing protests 
demanding justice. According to Petrosyan's sister, both Petrosyan's 
husband and her mother-and-law abused her. Officials did not 
corroborate abuse by the mother-in-law, however, and the Guardianship 
and Custody Commission of Nork-Marash administrative district of 
Yerevan granted the mother-in-law custody of Petrosyan's two-year-old 
daughter. On October 14, the court convicted Sargisov and sentenced him 
to 10 years in prison, the maximum punishment under the law.
    The police reported 528 cases of domestic violence during the year, 
of which 396 were cases of abuse by a husband or a partner. Those cases 
included instances of battery, intentional infliction of damage to 
health, threats, and hooliganism.

    Sexual Harassment.--The law does not specifically prohibit sexual 
harassment, although it addresses lewd acts and indecent behavior. 
While there was no public data on the extent of the problem, observers 
believed that sexual harassment of women in the workplace was 
widespread.

    Reproductive Rights.--According to the law, couples and individuals 
have the right to decide freely and responsibly the number, spacing, 
and timing of their children and to have the information and means to 
do so free from discrimination, coercion, and violence. In practice, 
especially in more traditional families, such decisions were often made 
by the male spouse and his parents. There was little access to, or 
information about, contraception, especially in rural areas. Skilled 
attendance during childbirth was more accessible in large towns and 
other population centers. There were reports that women, especially 
those in rural or remote areas, faced insufficient access to adequate 
general and reproductive health-care services. Women were diagnosed and 
treated for sexually transmitted infections equally with men.

    Discrimination.--Men and women enjoy equal legal status, but 
discrimination on the basis of gender and age were continuing problems 
in the public and private sectors. Women generally did not enjoy the 
same professional opportunities or wages as men and were often 
relegated to more menial or low-paying jobs. According to official 
statistical data for 2010, there was a significant gap between the 
average monthly salary of men and women; also the average monthly 
salary for women notably decreased from younger age groups to older. 
Women remained underrepresented in leadership positions in all branches 
and levels of government. A survey released during the year found that 
an overwhelming majority (71 percent) considered it undesirable for a 
woman to be president, although more respondents considered it 
desirable for women to hold leadership positions at the community or 
local level.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. Observers indicated that some parents, particularly the 
poorest and most socially disadvantaged, were unable to register their 
children at birth, in part because of the cost of transportation to 
registration centers, thereby potentially depriving them of essential 
social services and increasing their children's vulnerability. During 
the year international donors continued to work with authorities to 
address the situation.

    Child Abuse.--During the year the domestic branch of the 
international NGO Save the Children published an assessment of child 
abuse in the regions of Kotayk, Aragatsotn, and Shirak. It reported 
children were subjected to physical and psychological abuse and 
neglect, particularly the failure to provide adequate food, clothing, 
and shelter. Children reported being subjected to abuse outside the 
home as well, including physical and psychological abuse in 
institutions, schools, and occasionally on the streets. According to 
the assessment, some parents also exploited their children economically 
by forcing them to work. The assessment indicated that children were 
unaware of their rights, and this lack of awareness appeared to make 
violence against children socially acceptable.

    Sexual Exploitation of Children.--Antitrafficking statutes prohibit 
the sexual exploitation of children. These provide for sentences of 
seven to 15 years in prison for trafficking of children, depending on 
aggravating circumstances. Child pornography is punishable by 
imprisonment for up to seven years.
    According to domestic observers, the legal framework was inadequate 
for assessing and prosecuting sexual crimes involving children. 
Statutory rape, defined in the law as sexual acts with a person under 
16, is punishable by a fine and up to two years in prison. Sexual 
solicitation of minors and the failure to report statutory rape are not 
crimes. During the year authorities prosecuted a high-profile case of 
pedophilia in the town of Akhtala. The investigation into the case 
began in January, based on a report and video recordings submitted to 
the National Security Service. The recordings reportedly showed Serob 
Der-Boghosian, a former adviser to the prime minister and Akhtala's 
primary employer, engaging in a sexual act with an underage boy. 
Reports and evidence gathered indicated that Der-Boghosian made videos 
and photographs of underage boys from poor families, gave them money, 
and forced them to perform sexual acts. On November 17, a court of 
first instance of Lori District convicted Der-Boghosian of violent 
sexual acts and sentenced him to 15 years' imprisonment, the maximum 
punishment under the law.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The size of the country's Jewish population was 
estimated at between 500 and 1,000 persons. There were no reports of 
anti-Semitic violence during the year.

    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 in employment, education, access to 
health care, and the provision of other state services; however, 
discrimination remained a problem. The law and a special government 
decree mandate accessibility to buildings, including schools, for 
persons with disabilities, but in practice very few buildings or other 
facilities were accessible. The Ministry of Labor and Social Affairs is 
responsible for protecting the rights of persons with disabilities but 
failed to do so effectively. Official statistics showed there were 
177,076 persons with disabilities as of December 31.
    In spite of the large number of officially registered persons with 
disabilities, disabled persons are seldom seen outside the home due to 
the social stigma associated with disabilities. In extreme cases the 
social stigma sometimes prompts families to hide their disabled 
children completely from public view, thus depriving them of access to 
education and integration into society.
    Persons with all types of disabilities experienced problems in 
virtually all spheres of life, including health care, social and 
psychological rehabilitation, education, transportation, communication, 
access to employment, and social protection. Access to information and 
communications was a particularly significant problem for persons with 
sensory disabilities.
    Hospitals, residential care, and other facilities for persons with 
serious disabilities remained substandard. According to official data, 
more than 90 percent of persons with disabilities who were able to work 
were unemployed.
    In February the media reported that the Diplomatic School of the 
Ministry of Foreign Affairs refused to consider the application of 
Artak Beglaryan because he was blind. Beglaryan, a graduate of the 
International Relations Department of Yerevan State University, 
appealed to the Administrative Court, claiming that blindness was not 
included on the list of the health problems precluding public service. 
He accused the ministry of discrimination. On October 10, the 
Administrative Court turned down Beglaryan's appeal, holding that the 
Ministry of Foreign Affairs had no responsibility for its Diplomatic 
School.
    The Helsinki Association's 2011 report included a chapter on the 
conditions for patients in psychiatric clinics. The report described a 
number of significant shortcomings in such clinics, in particular poor 
sanitary and hygienic conditions, inadequate access to communications 
and information, and inadequate medical care.
    There were widespread reports of corruption and arbitrary rulings 
in the Medical-Social Expertise Commission, a governmental body under 
the Ministry of Labor and Social Affairs that determines a person's 
disability status. In his 2010 annual report, the ombudsman noted an 
increase in complaints about the commission's decisions. Citizens 
complained that the commission arbitrarily deprived them of disability 
status despite their worsening health.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Societal attitudes toward LGBT 
persons remained highly negative, with society generally viewing 
homosexuality as an affliction. Societal discrimination based on sexual 
orientation and gender identity negatively affected the employment, 
family relations, and access to education and health care of sexual 
minorities.
    Openly gay men were exempt from military service, purportedly 
because of concern that fellow servicemen would abuse them. However, 
the actual exemption required a medical finding, by means of a 
psychological examination, that an individual had a mental disorder; 
this information was stamped in the individual's personal documents.
    According to human rights activists, sexual minorities were 
frequent targets for humiliating discrimination in prisons, where they 
were forced to perform degrading labor and separated from the rest of 
the prison population.

    Other Societal Violence or Discrimination.--There were no reports 
during the year of acts of societal violence or discrimination against 
persons with HIV/AIDS.
    Many employers reportedly discriminated against potential employees 
by age, most commonly requiring job applicants to be between the ages 
of 18 and 30. While this discrimination appeared to be widespread, 
authorities did not take any action to mitigate it. After age 40, 
unemployed workers, particularly women, had little chance of finding 
jobs appropriate to their education or skills.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, except for personnel of the armed forces and 
law enforcement agencies, to form and to join independent unions. The 
law also provides for the right to strike, with the same exceptions, 
and permits collective bargaining. These activities could be conducted 
without government interference. The law stipulates that workers' 
rights cannot be restricted because of their membership in a union. The 
labor code provides a list of reasons a person can be fired, which does 
not include union activity.
    Labor rights were not always respected in practice. Labor 
organizations remained weak because of employer resistance, high 
unemployment, and poor economic conditions. Labor unions were generally 
inactive with the exception of those connected with the mining 
industry. Unions were closely tied to the government. There were no 
reports of specific acts of antiunion discrimination; but there were 
reports that some mining enterprises, including some financed by 
foreign investors, discouraged employees from joining labor unions with 
the implied threat of loss of employment.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced and compulsory labor but there were reports that 
women and girls were subjected to conditions of forced labor and that 
men were subjected to forced labor in the construction sector. A small 
number of girls were subjected to sex trafficking and boys to forced 
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.--
There are laws and policies to protect children from exploitation in 
the workplace. The minimum age for employment is 16, but children may 
work from the age of 14 with permission of a parent or a guardian. 
Persons under 18 are prohibited from working overtime; in harmful, 
strenuous, or dangerous conditions; at night; or on holidays. 
Authorities responsible for enforcing compliance with child labor law 
failed to implement the law in practice.
    According to observers, many children, especially in rural regions, 
worked in family enterprises, mainly in agriculture. Observers also 
reported seeing children in Yerevan selling flowers and drawings and 
working in local markets after school hours. Children also worked in 
trade, construction, and car services, operated vehicles, and gathered 
waste metal and bottles. According to a 2008 UNICEF study on child 
labor, 4.7 percent of children between seven and 18 years of age had 
paying jobs. This percentage did not include children working on family 
farms or in family businesses. The survey also found almost one-third 
of working children were below the legal working age, almost all 
children worked without legal contracts, and some children were 
employed in heavy manual work as laborers and loaders.
    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 
32,500 drams ($84.41), which was approximately equal to the poverty 
line.
    The law provides for a 40-hour workweek, 28 days of mandatory 
annual leave, and compensation for overtime and nighttime work. The law 
provides that compulsory overtime cannot exceed four hours in two 
consecutive days and 180 hours within a year. In practice authorities 
did not effectively enforce these standards. Many private sector 
employees were unable to obtain paid leave and were required to work 
more than eight hours a day without compensation. According to 
representatives of some employment agencies, many employers also 
continued to hire employees for a ``probationary'' period of 10 to 30 
days, during which they were not paid. Often these employees were 
subsequently dismissed and unable to claim payment for the time they 
worked because their initial employment was undocumented.
    Occupational and health standards were established by government 
decree. The State Labor Inspectorate, with its 140 inspectors, was 
responsible for enforcing these standards but did not do so 
effectively. During the year the State Labor Inspectorate reportedly 
made little progress toward implementing an inspection regime or 
enforcing the labor code, and its work was reportedly undermined by 
corruption. Managers of enterprises that were the primary employers in 
certain poor areas frequently took advantage of the absence of 
alternative jobs and neglected issues related to adequate pay, job 
safety, and environmental concerns. Workers in the informal sector were 
excluded from any form of governmental protection.
    Work safety and health conditions remained substandard in numerous 
sectors, and there was one fatal workplace incident during the year.

                               __________

                                AUSTRIA

                           EXECUTIVE SUMMARY
    The Republic of Austria is a parliamentary democracy with 
constitutional power shared between a popularly elected president and a 
bicameral parliament (Federal Assembly), in which the members of one 
house are directly elected and the other named by the constituent 
states. In practice the multiparty parliament and the coalition 
government it elects exercise most day-to-day governmental powers. 
National parliamentary elections in 2008 and presidential elections in 
2009 were free and fair.
    There were no widespread and systemic human rights abuses during 
the year. There continued to be reports that police at times used 
excessive force, particularly against members of minority groups. 
Societal discrimination persisted against ethnic minorities, including 
Muslims of immigrant origin, Roma, Jews, and foreigners of African 
origin.
    Other reported abuses included shortcomings in detention centers, 
particularly those holding persons awaiting deportation. Freedom of 
speech was restricted by laws that criminalize the public denial, 
belittlement, approval, or justification of Nazi genocide, and by laws 
forbidding incitement, insult, or expressions of contempt toward a 
group because of its members' race, nationality, or ethnicity. Public 
corruption remained a problem, as did violence against women and 
children. There were unconfirmed reports that female genital mutilation 
(FGM) was practiced among some immigrant groups. There were some anti-
Semitic incidents, including physical attacks, taunting, property 
damage, and vilifying and threatening letters and telephone calls. Laws 
mandating access for persons with disabilities were not adequately 
enforced.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were few 
indications that government officials employed them. The government 
investigated allegations of such practices and prosecuted cases in 
which credible evidence was found. A Human Rights Advisory Council 
monitored police respect for human rights and made recommendations to 
the interior minister.
    In late December the public prosecutor began an investigation into 
allegations that earlier in the month a police officer in Graz used 
excessive force against an animal-rights activist attempting to film a 
hunt.
    In September a Vienna appellate court reduced from 2,800 euros to 
1,600 euros ($3,640 to $2,080) the fine imposed on the police officer 
found guilty of negligence in the 2009 beating of a foreign citizen. 
The court found that the incident had not been racially motivated, as 
originally charged.

    Prison and Detention Center Conditions.--Prisons and detention 
center conditions generally met international standards, and the 
government permitted visits by independent human rights observers. 
Nevertheless, improving conditions in detention centers was one of the 
key recommendations resulting from the Universal Periodic Review of the 
country's human rights performance to the U.N. Human Rights Council in 
January. The recommendations of the review also included that Austria 
provide free legal counsel to persons awaiting deportation.
    According to January statistics from the Justice Ministry, there 
were 8,540 persons in prison, including 555 women and 650 juveniles.
    Human rights groups continued to criticize the incarceration of 
nonviolent offenders, including persons awaiting deportation, for long 
periods in single cells or inadequate facilities designed for temporary 
detention. Beginning on October 1, in keeping with EU regulations and a 
ruling by the Constitutional Court, authorities made free advice from 
the legal experts of nongovernmental organizations (NGOs) available to 
asylum seekers and those in detention while awaiting deportation.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance. Authorities permitted prisoners and 
detainees to submit complaints to judicial authorities without 
censorship and to request investigation of credible allegations of 
inhumane conditions. The government investigated and monitored prison 
and detention center conditions. The federal ombudsman's office can 
investigate on behalf of prisoners and detainees but cannot consider 
such matters as alternatives to incarceration for nonviolent offenders 
to alleviate overcrowding. There were strict checks on the enforcement 
of pretrial detention restrictions and bail provisions, and detailed 
recordkeeping procedures to ensure that prisoners did not serve beyond 
the maximum sentence for the offense with which they were charged.
    NGOs monitored detained prisoners on a regular basis.
    Prisoners had access to potable water, and prison conditions for 
women and men were generally the same. The federal ombudsman monitors 
the situation in prisons. There are sentencing alternatives for 
nonviolent offenders.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and information available during the year 
suggested that the government generally observed these prohibitions. 
However, the strict application of libel laws tended to discourage 
reports of police abuse.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police and army, and the 
government has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.
    NGOs continued to criticize the police for allegedly targeting 
minorities for frequent identity checks. Racial sensitivity training 
for police and other officials continued with NGO assistance. In 
response to a 2010 report by the Council of Europe's Committee for the 
Prevention of Torture, the government expanded human rights training 
for police officials in detention centers.

    Arrest Procedures and Treatment While in Detention.--Arrests are 
based on sufficient evidence and based on documentation issued by a 
duly authorized official. The arrested person is brought before an 
independent judiciary. In criminal cases the law allows investigative 
or pretrial detention for up to 48 hours, during which a judge may 
decide to grant a prosecution request for extended detention. The law 
specifies the grounds for investigative detention and conditions for 
bail. The judge is required to evaluate investigative detention cases 
periodically. The maximum duration for investigative detention is two 
years. There is a functioning bail system. Police and judicial 
authorities generally respected these laws and procedures in practice.
    Detainees have the right to a lawyer. Although indigent criminal 
suspects have the right to an attorney at government expense, the 
criminal procedures code requires an attorney be appointed only after a 
court decision to remand such suspects into custody (i.e., 96 hours 
after apprehension). Criminal suspects are not legally required to 
answer questions without an attorney present.
    There were isolated reports of police abuse, which authorities 
investigated.

    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. 
Persons charged with criminal offenses are presumed innocent until 
proven guilty; juries are used in trials for major offenses. Attorneys 
are not mandatory in minor offense cases, but legal counsel is 
available at no charge for needy persons in cases where attorneys are 
mandatory. Trials must be public and conducted orally. Defendants can 
confront or question witnesses against them and present witnesses and 
evidence on their behalf. Defendants and their attorneys have access to 
government-held evidence relevant to their cases. A system of judicial 
review provides multiple opportunities for appeal.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court of Human Rights (ECHR) decided 11 cases involving 
Austria and found violations in four. The cases concerned the 
protection of property, the right to a fair trial, and the prohibition 
of discrimination. The government complied with the ECHR orders and 
decisions.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including an appellate 
system. These institutions are accessible to plaintiffs seeking damages 
for human rights violations. Administrative and judicial remedies were 
available for redressing alleged wrongs. Individuals could appeal 
adverse decisions to the ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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. 
The independent media were active and expressed a wide variety of views 
with few restrictions. Individuals generally could criticize the 
government publicly or privately without reprisal.
    The law prohibits public denial, belittlement, approval, or 
justification of the Nazi genocide or other Nazi crimes against 
humanity in a print publication, a broadcast, or other media. It also 
prohibits incitement, insult, or contempt against a group because of 
its members' race, nationality, or ethnicity if the statement violates 
human dignity. The government strictly enforced these laws (see Section 
6, Anti-Semitism).
    Strict libel laws discouraged reporting of governmental abuse. For 
example, many observers believed that the ability and willingness of 
the police to sue for libel discouraged individuals from reporting 
abuse by police.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the government monitored e mail or 
Internet chat rooms. Individuals and groups engaged in the peaceful 
expression of views via the Internet, including by e mail.
    In April authorities arrested three men because of their connection 
to a neo-Nazi Web site that displayed links to Hitler's Mein Kampf, 
called for actions to preserve the ``German heritage,'' and denounced 
persons who fight right-wing extremism. The suspects were charged under 
the law banning neo-Nazi activity and were awaiting trial at year's 
end.
    There were no reports that the government attempted to collect 
personally identifiable information of persons in connection with their 
peaceful expression of political, religious, or ideological opinion or 
beliefs. There were no reports that the government censored Web sites. 
However, authorities continued to try to restrict access to Web sites 
containing information that violated the law, such as neo-Nazi and 
child pornography sites. Authorities restricted access to banned sites 
by trying to shut down such sites and forbidding the country's Internet 
service providers to carry them.

    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 refugees, asylum seekers, 
stateless persons, and other persons of concern.

    In-country Movement.--Asylum seekers' freedom of movement was 
restricted to the district of the refugee camp where authorities 
assigned them for the duration of their initial application process, 
i.e., until the country's responsibility for examining the application 
is determined. Under the law asylum seekers must be physically present 
in the centers of first reception for up to 120 hours during the 
initial application process. Authorities had 20 days in which to 
determine Austria's responsibility and jurisdiction.

    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. Rejected 
asylum seekers have recourse to the Federal Asylum Court, a special 
court mandated to process asylum cases, and the right to appeal to the 
Constitutional Court when constitutional issues arise. Some asylum 
advocates criticized the limited right of asylum seekers to appeal 
their cases.

    Safe Country of Origin or Transit.--The government requires asylum 
seekers who transit a country determined to be ``safe'' to return to 
that country to seek refugee status. Authorities consider all 
signatories to the 1951 refugee convention and its 1967 protocol to be 
safe countries of transit. However, in response to a ruling by the ECHR 
and the recommendations of the U.N. special rapporteur on torture, the 
government in February put a de facto halt to the return of asylum 
seekers to Greece.

    Nonrefoulement.--In practice the government provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened on account of their race, 
religion, nationality, membership in a particular social group, or 
political opinion.
    In October Human Rights Watch released a report criticizing the 
deportation back to Kosovo of Roma, Ashkali, and Egyptians by a number 
of European countries, including Austria, because adequate reception 
conditions for safe and dignified returns had not been established. 
Similarly, the Council of Europe's commissioner for human rights urged 
European states to stop forced returns until Kosovo could provide 
adequate living conditions, health care, social services, and 
employment. Authorities continued deportations to Kosovo during the 
year.

    Access to Basic Services.--Asylum seekers and refugees were 
entitled to state medical care, a subsistence allowance, and housing. 
While they were legally restricted from seeking regular employment, 
they were eligible for seasonal employment. Asylum seekers and refugees 
between the ages of six and 15 were eligible to go to school.

    Temporary Protection.--The government did not provide temporary 
protection during the year to any individuals who did not qualify as 
refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--The 
country held national parliamentary elections in 2008 and presidential 
elections in 2009; there were no reports of serious abuse or 
irregularities in either election.

    Participation of Women and Minorities.--The parliament consists of 
the National Council, which is popularly elected, and the Federal 
Council, whose members are named by the federal states. At year's end 
50 women were in the 183-seat National Council and 19 women in the 62-
member Federal Council. There were six women in the 14-member Council 
of Ministers (cabinet).
    There appeared to be relatively little representation of ethnic 
minorities at the national level. The Federal Council includes one 
Muslim woman.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. The 
Central Public Corruption Prosecution Department has countrywide 
authority to prosecute cases. Anticorruption laws and regulations 
extend to civil servants, public officials, governors, members of 
parliament, and employees and representatives of the country's 
companies. The law is well developed, but the government's record on 
execution and prosecution lagged. In October the state prosecutor began 
investigating a senior interior ministry staffer for abuse of office. 
In October the parliament established a committee to investigate a 
series of corruption charges against former government officials, 
including former ministers of defense, interior, and infrastructure.
    There are financial disclosure laws for public officials, and there 
were no reports of failure to comply with disclosure requirements.
    The courts are responsible for adjudicating corruption cases. 
Parliamentary committees oversee ethics rules for elected officials.
    The law provides for full public access to government information, 
and the government generally respected this provision in practice. 
Authorities may only deny access if it would violate substantial data 
protection rights or involve national security information. Petitioners 
could challenge denials before the Administrative Court.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views, but some 
groups were dissatisfied with the information supplied by authorities 
in response to specific complaints. Several NGOs complained that the 
government did not consult civil society in preparing Austria's 
response to Universal Periodic Review recommendations for the U.N. 
Human Rights Council, particularly those relating to detention center 
conditions.

    Government Human Rights Bodies.--A human rights ombudsman's office 
consisting of three independent commissioners examines complaints 
against the government. There were no parliamentary human rights 
committees.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for protection against discrimination based on 
race, gender, disability, language, or social status, and the 
government generally enforced these protections. In October the 
parliament passed a law prohibiting public incitement against persons 
with disabilities.

    Women.--Rape and Domestic Abuse.--Under the law rape, including 
spousal rape, is punishable by up to 15 years' imprisonment. The 
government generally enforced the law. Government statistics on rape 
and sexual coercion included 1,156 reported occurrences and 146 
convictions in 2010. There were no reports of police or judicial 
reluctance to prosecute spousal or other rape cases.
    Domestic violence is illegal, but violence against women, including 
spousal abuse, was a problem. The Office of Women's Affairs and Civil 
Service estimated that 10 percent of adult women have suffered from 
violence in a relationship. Fewer than 10 percent of women abused by an 
intimate partner filed complaints. Police can issue a two-week order 
barring abusive family members from contact with the victim, and courts 
may extend the order for up to six months. Domestic violence is 
punishable under the criminal code provisions for murder, rape, sexual 
abuse, and bodily injury.
    According to Justice Ministry statistics released in February, 
courts issued injunctions prohibiting abusive family members from 
returning home in 6,759 cases in 2010.
    Under the law psychosocial care, as well as legal aid and support 
throughout the justice process, is mandated for survivors of gender-
based violence. Police training programs address sexual or gender-based 
violence and domestic abuse.
    The government funded privately operated intervention centers and 
hotlines for victims of domestic abuse. The centers provided for 
victims' safety, assessed the threat posed by perpetrators, helped 
victims develop plans to stop the abuse, and provided legal counseling 
and other social services. NGOs observed that these centers were 
generally effective in providing shelter for victims of abuse.

    Female Genital Mutilation (FGM).--Authorities can prosecute FGM 
under the criminal code's general bodily injury provisions; it is 
punishable by up to five years' imprisonment. There were unconfirmed 
reports by NGOs that FGM was practiced in some immigrant communities, 
but no information on the incidence of this practice was available. 
There were no reports of police or judicial reluctance to pursue FGM 
cases.

    Sexual Harassment.--The law prohibits sexual harassment, and the 
government generally enforced the law. Of the 3,479 cases of 
discrimination brought to the ombudsman in 2010 for reasons of gender, 
422 involved sexual harassment. The labor courts may order employers to 
compensate victims of sexual harassment on the basis of the Federal 
Equality Commission's finding in a case; the law entitles a victim to a 
minimum of 1,000 euros ($1,300) in financial compensation.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and are free to do so without any discrimination, coercion, 
or violence. Statistics Austria reported that during the year there 
were approximately four maternal deaths per 100,000 live births. Women 
were diagnosed and treated on an equal basis with men for sexually 
transmitted infections.

    Discrimination.--Women enjoy the same legal rights as men, and the 
Federal Equality Commission and the ombudsman for equal treatment of 
gender oversee laws requiring equal treatment of men and women. The 
ombudsman provides advice in discrimination cases and can file 
complaints with the Federal Equality Commission on behalf of persons 
who assert that they have been discriminated against. The minister for 
women's affairs and social service is responsible for promoting the 
legal rights of women.
    According to Statistics Austria's Women's Report 2010, released in 
February, women earned on average 25.5 percent less than men and 15 
percent less for equivalent work. The participation for women ages 15 
to 64 in the labor force was 69 percent, approximately the same as for 
men. The report attributed an observed increase in female participation 
in the labor market to a rise in part-time work. Approximately 41.5 
percent of employed women worked part time, compared with 30.7 percent 
in 1998.
    Female employees in the private sector may invoke laws prohibiting 
discrimination against women. Depending on the Federal Equality 
Commission's findings, labor courts may award the equivalent of up to 
four months' salary to women who are found to have experienced gender 
discrimination in promotion. The courts may also order compensation for 
women who were denied a post despite having equal qualifications.

    Children.--Birth Registration.--By law children derive citizenship 
from one or both parents. Births are registered immediately.

    Child Abuse.--According to Interior Ministry statistics, 1,391 
cases of child abuse were reported to authorities in 2010, most 
involving intercourse with a minor. Child abuse is punishable by up 
five years' imprisonment, extendable to 10 years if the victim dies 
because of negligence. Severe sexual abuse or rape of a minor is 
punishable by up to 20 years' imprisonment, which may be increased to 
life if the victim dies as a result of the abuse. The Justice Ministry 
reported in October that prosecutors obtained convictions in 410 cases 
of child abuse in 2010.
    The government continued its efforts to monitor child abuse and 
prosecute offenders. The Ministry for Economics, Family, and Youth 
estimated that close family members or family friends committed 90 
percent of child abuse. Officials noted a growing readiness to report 
instances of child abuse.

    Sexual Exploitation of Children.--The law provides up to 10 years' 
imprisonment for an adult convicted of sexual intercourse with a child 
under the age of 14. If the victim becomes pregnant, the sentence may 
be extended to 15 years. In 2010, according to government statistics, 
413 cases were reported and 153 convictions obtained for sexual abuse 
and severe sexual abuse of minors.
    It is a crime to possess, trade, or privately view child 
pornography. Exchanging pornographic videos of children is illegal. 
Possession of child pornography is punishable by up to two years' 
imprisonment; trading in child pornography is punishable by up to 10 
years' imprisonment. According to government statistics, 315 instances 
of these abuses were reported, and prosecutors obtained 208 
convictions.

    Child Marriage.--The minimum age for legal marriage is 18. 
Adolescents between 16 and 18 may contract a legal marriage if they 
have obtained a special permit for this purpose. During the year the 
media occasionally carried reports of underage marriage, primarily in 
the Muslim and Romani communities, but such cases were undocumented.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--According to 2001 census figures and 2011 estimates 
from the Vienna Institute of Demography, a branch of the Austrian 
Academy of Sciences, the Jewish community in the country numbered 
approximately 7,000.
    The NGO Forum against Anti-Semitism reported 70 anti-Semitic 
incidents in 2010, including four physical assaults in addition to name 
calling, graffiti and defacement, threatening letters, anti-Semitic 
Internet postings, property damage, and vilifying letters and telephone 
calls. The Vienna Jewish Community's offices and other Jewish community 
institutions in the country, such as schools and museums, continued to 
receive extra police protection.
    The law banning neo-Nazi activity prohibits public denial, 
belittlement, approval, or justification of the Nazi genocide or other 
Nazi crimes against humanity in print publication, broadcast, or other 
media. The government strictly enforced these laws. For example, in 
April authorities arrested three men connected to a Web site that 
displayed links to Hitler's Mein Kampf, called for actions to preserve 
the ``German heritage,'' and denounced persons who fight right-wing 
extremism.
    On September 11, the Vienna Criminal Court granted parole to 
convicted Holocaust denier Gerd Honsik on condition that he not commit 
any other offenses in the next three years. Honsik was serving a two-
year prison sentence for violating the law prohibiting neo-Nazi 
activities. The conviction stemmed from the 2009 publication of two 
neo-Nazi books in which Honsik made accusations concerning the work of 
Simon Wiesenthal.
    On October 15, an Austrian soldier participating in an 
international peacekeeping mission in Syria reportedly bought flags 
depicting banned Nazi-era signs and slogans. The soldier was 
repatriated and faced disciplinary measures, as well as a possible 
indictment, for violating Austrian law prohibiting neo-Nazi activities.
    School curricula fostered discussion of the Holocaust and the 
tenets of different religions and advocated religious tolerance. The 
Education Ministry offered special teacher training seminars on 
Holocaust education while also conducting training projects with the 
Anti-Defamation League.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The law protects persons with physical, 
sensory, intellectual, and mental disabilities from discrimination in 
housing, education, employment, and access to health care and other 
government services. The government's performance in enforcing these 
provisions was mixed.
    Federal law mandates access to public buildings for persons with 
physical disabilities; however, NGOs complained that many public 
buildings lacked such access due to insufficient enforcement of the law 
and low penalties for noncompliance. Persons with disabilities 
generally had access to information and communications.
    The law provides for involuntary sterilization of adults with 
mental disabilities in cases where a pregnancy would be considered life 
threatening. However, authorities have not performed any involuntary 
sterilization in recent years. The law prohibits the sterilization of 
minors.
    The Ministry of Labor, Social Affairs, and Consumer Protection 
handles disability-related problems. The government funded a wide range 
of programs for persons with disabilities, including the providing 
transportation and other assistance to help integrate schoolchildren 
with disabilities into regular classes and employees with disabilities 
into the workplace.

    National/Racial/Ethnic Minorities.--Interior Ministry statistics 
released in September cited 580 neo-Nazi, right-wing extremist, 
xenophobic, or anti-Semitic incidents in 2010. The government continued 
to express concern over the activities of extreme right-wing and neo-
Nazi groups, many with links to organizations in other countries.
    An NGO operating a hotline for victims of racist incidents reported 
745 complaints in 2010. It noted an increase in verbal abuse against 
women wearing headscarves.
    In October a court in Styria Province acquitted a right-wing party 
official of charges of anti-Muslim incitement. The charges stemmed from 
an Internet pop-up game appearing on the party's Web site that allowed 
players to ``gain points'' by pasting stop signs on minarets and men in 
traditional Turkish attire. The public prosecutor appealed the verdict.
    Human rights groups continued to report that Roma faced 
discrimination in employment and housing. The head of the Austrian 
Romani Cultural Association reported that the situation of the Romani 
community, estimated at more than 6,200 indigenous, and between 15,000 
and 20,000 nonindigenous, individuals, continued to improve. Government 
programs, including financing for tutors, helped school-age Romani 
children move out of ``special needs'' and into mainstream classes.
    NGOs reported that Africans living in the country experienced 
verbal harassment in public. In some cases black Africans were 
stigmatized for perceived involvement in the drug trade or other 
illegal activities.
    In response to criticism that it had failed to enforce 
Constitutional Court rulings regarding the Slovene minority's language 
rights in Carinthia Province, parliament on July 6 passed a law 
doubling the number of bilingual town signs, wider use of the Slovene 
language in administrative offices, and funding for Slovene cultural 
and educational institutions. Federal law recognizes Croats, Czechs, 
Hungarians, Roma, Slovaks, and Slovenes as national minorities.
    The government continued training programs to combat racism and 
educate the police in cultural sensitivity. The Interior Ministry 
renewed an agreement with a Jewish group to teach police officers 
cultural sensitivity, religious tolerance, and the acceptance of 
minorities.
    Poor German-language skills were a major factor preventing 
minorities from entering the workforce. The Labor Ministry continued 
efforts to combat this situation by providing German-language 
instruction and skilled-labor training to young persons with immigrant 
backgrounds.
    In April the government appointed its first state secretary for 
integration. Reporting to the interior minister, the state secretary is 
responsible for coordinating the government's efforts to integrate the 
country's immigrants.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There was some societal 
prejudice against gay men and lesbians; however, there were no reports 
of violence or discrimination based on sexual orientation or gender 
identity. Organizations of lesbian, gay, bisexual, and transgender 
persons generally operated freely. Vienna hosted an annual gay pride 
march in July, and the city provided police protection.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers the right to form and join independent unions 
and bargain collectively. It prohibits antiunion discrimination or 
retaliation against strikers, and provides for the reinstatement of 
workers fired for union activity. It allows unions to conduct their 
activities without interference. The Austrian Trade Union Federation 
was the exclusive entity representing workers in collective bargaining. 
Unions are technically independent of government and political parties, 
although some sectors have unions closely associated with parties.
    There were no reports of antiunion discrimination or other forms of 
employer interference in union functions. The right to strike was 
recognized in practice. Laws providing for collective bargaining, 
protecting unions from interference and workers from retaliation for 
union activities were enforced. There were no reported instances of 
antiunion discrimination or employer use of short-term contracts to 
avoid hiring workers with union rights.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that women were subjected to involuntary domestic servitude and 
that children were subjected to forced begging.
    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 legal working age is 15, with the exception that children at 
least 12 years old may engage in certain forms of light work on family 
farms or businesses. Children age 15 and older are subject to the same 
regulations on hours, rest periods, overtime wages, and occupational 
health and safety restrictions as adults, except for additional 
limitations on hazardous forms of work or limitations for ethical 
reasons.
    Laws and policies protect children from exploitation in the 
workplace and prohibit forced or compulsory labor, and the government 
generally enforced these laws and policies effectively.
    There were reports of trafficking of children for begging. In 2010 
the Crisis Center for Unaccompanied Minors in Vienna assisted 40 
children, primarily from Bulgaria and Romania, who were subjected to 
forced begging in the country.
    The labor inspectorate of the Ministry of Labor, Social Affairs, 
and Consumer Protection is responsible for enforcing child labor laws 
and policies in the workplace, and the inspectorate enforced the laws 
effectively. The labor inspectorate did not find any violations of 
child labor laws during the year.

    d. Acceptable Conditions of Work.--There is no legislated national 
minimum wage. Instead, nationwide collective bargaining agreements set 
minimum wages by job classification for each industry. All collective 
bargaining agreements provide for a minimum wage of 1,000 euros 
($1,300) per month--the official poverty level was 951 euros ($1,236) 
per month. Wages where no such collective agreements exist, such as for 
domestic workers, janitorial staff, and au pairs, are regulated in 
pertinent law and are generally lower than those covered by collective 
bargaining agreements.
    The law provides for a maximum workweek of 40 hours, but collective 
bargaining agreements also give more than half of all employees 38- or 
38.5-hour workweeks. Regulations to increase flexibility in work hours 
allow firms to increase the maximum regular time from 40 hours to 50 
hours per week with overtime. In special cases work hours can be 
increased to a maximum of 60 hours per week, including overtime, for a 
maximum of 24 weeks annually. However, these 24 weeks can only be in 
eight-week segments, with at least a two-week break between each eight-
week period.
    Overtime is officially limited to five hours per week and 60 hours 
per year; however, authorities did not enforce these laws and 
regulations effectively, and some employers exceeded legal limits on 
compulsory overtime. Collective bargaining agreements can specify 
higher limits. The law stipulates premium pay of 50 percent for 
overtime and requires time off on weekends and official holidays. An 
employee must have at least 11 hours off between workdays. Wage and 
hour standards were equitably enforced across all groups.
    Foreign workers in both the formal and informal sectors make up 
approximately 13 percent of the country's workforce. Wage and hour 
regulations were not effectively enforced in the informal sector.
    The labor inspectorate regularly enforced mandatory occupational 
health and safety standards. Workers could file complaints anonymously 
with the labor inspectorate, which could sue the employer on behalf of 
the employee. However, workers rarely exercised this option and 
normally relied instead on the nongovernmental worker's advocacy group, 
the Chamber of Labor, which filed suits on their behalf.
    The law gives workers the right to remove themselves from a job 
without incurring any prejudice to their careers if they fear serious, 
immediate danger to life and health, and workers were able to exercise 
this right in practice.

                               __________

                               AZERBAIJAN

                           EXECUTIVE SUMMARY
    The Azerbaijan constitution provides for a republic with a 
presidential form of government. Legislative authority is vested in the 
Milli Mejlis (parliament). In practice the president dominated the 
executive, legislative, and judicial branches of government. November 
2010 Milli Mejlis elections did not meet a number of key standards of 
the Organization for Security and Cooperation in Europe (OSCE) for 
democratic elections. Although there were more than 50 political 
parties, the president's party, the Yeni Azerbaijan Party, dominated 
the political system. Ethnic Armenian separatists, with Armenia's 
support, continued to control most of the Nagorno-Karabakh region of 
the country and seven surrounding Azerbaijani territories. The 
government did not exercise any control over developments in those 
territories. Security forces reported to civilian authorities.
    The most significant human rights problem during the year was the 
restriction of freedoms of expression, assembly, and association. For 
example, throughout the year, but especially in the spring, several 
political protests calling for democratic reform and the government's 
resignation were forcefully dispersed, and 15 protesters were sentenced 
to 18 months to three years in jail for their participation in such 
protests. Applications to hold protests in Baku were repeatedly denied 
throughout the year. A second significant human rights problem involved 
the fairness of the administration of justice due to reports of strong 
executive branch influence over the judiciary, lack of due process, 
politically motivated imprisonments, measures against independent 
lawyers, and reports of torture and abuse in police or military custody 
that resulted in at least nine deaths. A third major problem area was 
the violation of citizens' property rights, including forced evictions 
and demolitions on dubious eminent domain grounds, and inadequate 
compensation.
    Other human rights problems reported during the year included 
generally harsh prison conditions that in some cases were life 
threatening. Arbitrary arrest and detention, particularly of 
individuals considered by the government to be political opponents, and 
lengthy pretrial detention continued. The government continued to 
imprison persons for political reasons, although authorities released 
some of these individuals during the year. The government continued to 
restrict the religious freedom of some unregistered Muslim and 
Christian groups. Pervasive corruption, including in the judiciary and 
law enforcement organizations, continued. Cases of violence against 
women were also reported. Trafficking in persons remained a problem.
    The government failed to take steps to prosecute or punish most 
officials who committed human rights abuses. Impunity remained 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 arbitrary or 
unlawful killings during the year. However, human rights monitors 
reported that at least nine persons died in police or military custody.
    For example, on January 13, Elvin Asgarov died while being taken 
into the custody of Baku's Nizami Police. Police stated that Asgarov 
died from injuries suffered when he fell several times while running 
from police. Local nongovernmental organizations (NGOs) and 
representatives of the Organization for Security and Cooperation in 
Europe (OSCE) found this claim less than credible based on autopsy 
photos of his injuries. After Asgarov family members came forward with 
their suspicions, Khalid Baghirov, the family's lawyer, was suspended 
from the government-influenced bar association for allegedly slandering 
the police.
    On August 28, Turaj Zeynalov died while in the custody of Ministry 
of National Security officials in Nakhchivan. The ministry at first 
claimed the death was due to skin cancer and stated that the burns and 
injuries found on his chest, back, and stomach were the result of 
radiation treatment. NGOs disputed these assertions. A video of 
Zeynalov's body, filmed at his funeral and posted on the Internet on 
December 6, showed signs of abuse.
    Ethnic Armenian separatists, with Armenia's support, continued to 
control most of the Nagorno-Karabakh region of Azerbaijan and seven 
surrounding Azerbaijani territories. During the year shooting incidents 
continued along the militarized line of contact separating the two 
sides in the Nagorno-Karabakh conflict and caused numerous casualties 
on both sides. Figures for civilian casualties along the line of 
contact were not available.
    Abuse in the military was widespread and at times resulted in 
death. Local human rights organizations reported that there were at 
least 97 deaths in the military during the year, 83 of which were not 
related to combat, including 17 soldiers killed by fellow servicemen, 
12 who committed suicide, and nine who died in unknown circumstances.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    The State Committee on the Captive and Missing reported that 4,046 
Azerbaijani citizens were registered as missing persons as the result 
of the Nagorno-Karabakh conflict. It further reported that three 
Armenian military personnel and one civilian departed the territory of 
Azerbaijan. The Office of the U.N. High Commissioner for Refugees 
(UNHCR) sent these three military personnel to a third country and the 
International Committee of the Red Cross (ICRC) facilitated the return 
of the civilian to Armenia. The State Committee also reported the 
return of one Azerbaijani solider through the auspices of the ICRC.
    The ICRC continued to process cases of persons missing in 
connection with the Nagorno-Karabakh conflict and worked with the 
government to develop a consolidated list of missing persons. At year's 
end, according to tracing requests made by relatives to the ICRC, 4,603 
persons remained unaccounted for as a result of the Nagorno-Karabakh 
conflict, with 4,193 cases being handled by the ICRC in Azerbaijan, 
including Nagorno-Karabakh.
    The ICRC continued to pay special attention to prisoners of war and 
civilian internees (POWs/CIs) and conducted monthly visits throughout 
the year to ensure their protection under international humanitarian 
law. The ICRC regularly facilitated the exchange of Red Cross messages 
between POWs/CIs and their families to help them reestablish and 
maintain contact. The government reported that the ICRC facilitated the 
repatriation of one prisoner of war and one civilian internee.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and criminal code prohibit such practices 
and provide for penalties of up to 10 years' imprisonment. However, 
there were credible reports security forces beat detainees to extract 
confessions and assaulted demonstrators and journalists and military 
personnel physically abused subordinates. Reports indicated that most 
mistreatment took place while detainees were in custody at a police 
station; most detainees reported that abuse ceased once they were 
transferred to a pretrial detention facility.
    Domestic human rights monitors reported that security forces 
tortured or abused 136 persons in custody during the year, compared 
with 169 in 2010; at least nine individuals died in custody (see 
section 1.a.). Impunity remained a problem. Authorities reportedly 
maintained a de facto ban on independent forensic examinations of 
detainees who claimed mistreatment and delayed their access to an 
attorney.
    Democracy activist Bakhtiyar Hajiyev, arrested January 24 on 
charges of draft evasion, reported that he was punched and threatened 
with rape shortly after his bail was revoked on March 4 (see section 
1.e.). According to Human Rights Watch (HRW), Hajiyev's lawyer Elchin 
Namazov observed an open wound on his client's neck, bruises on his 
eyes, and a hematoma on his nose during a March 5 visit. Namazov 
reportedly requested the General Prosecutor's Office to investigate, 
citing a medical report on Hajiyev's condition prepared by a detention 
center doctor. The ombudsman's representatives visited Hajiyev on March 
7 and reported a one-inch scratch on his neck. The Ombudsman's Office 
appealed to the prosecutor general to investigate the abuse allegation. 
On March 18, the Prosecutor General's Office replied that no abuse had 
been confirmed, which it reiterated during a Supreme Court hearing on 
December 5.
    Local observers reported widespread bullying and abuse in military 
units during the year, including physical and sexual abuse. In one case 
online sources reported that soldier Zakir Quliyev shot six colleagues 
on February 20 and then committed suicide, in reaction to mistreatment 
Quliyev experienced from fellow soldier Nurlan Suanverdiyev. The 
sources quoted a prosecutor's statement that nine officers from 
Quliyev's military unit were arrested and tried in a Ganja city court 
on abuse and misconduct charges in a separate case. The military 
commander of the unit was dismissed. Authorities charged Suanverdiyev 
with taking bribes, abusing other soldiers, and abuse of power. His 
case was pending at year's end. Parents of the soldiers who were killed 
in the incident complained in a written appeal to the president that 
the investigation was unfair and not transparent.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh, and some prison conditions were life threatening, despite 
continuing prison infrastructure improvements. Overcrowding, inadequate 
nutrition, deficient heating and ventilation, lack of water, and poor 
medical care combined to make the spread of infectious diseases a 
problem.
    The prison population numbered approximately 20,000 persons. Of 
these, 13.5 percent were in pretrial detention; 2.1 percent were women. 
Reports of rape in the prison system were rare.
    According to the ICRC, the government undertook significant efforts 
to improve detention conditions by building new facilities and 
modernizing existing detention centers. During the year the Ministry of 
Justice assumed responsibility for an ICRC-initiated campaign to fight 
tuberculosis in detention facilities, a program that experts considered 
a model in the region.
    Despite continuing infrastructure improvements, most prisons were 
Soviet-era facilities that did not meet international standards. 
Authorities limited physical exercise for prisoners as well as visits 
by attorneys and family members. There were few opportunities for 
prisoners to work or receive training. Former prisoners reported guards 
punished prisoners with beatings or holding them in isolation cells. 
Local and international monitors continued to report poor conditions at 
the maximum security Qobustan Prison.
    The Ministry of Justice reported that 113 persons died in detention 
during the year, an increase from 106 deaths reported in 2010. The 
ministry reported treating 746 prisoners for tuberculosis, up from 497 
in 2010. Tuberculosis remained the leading cause of death in prison 
facilities, but according to the Ministry of Justice, deaths from it 
decreased to 24. The government reported that the other major causes of 
death among prisoners and detainees were cancer (13), HIV/AIDS (six), 
and suicide (10).
    The Ministry of Internal Affairs reported two cases of suicide in 
pretrial detention facilities. Authorities dismissed three officers, 
including the chief of one detention facility, and reprimanded another 
detention facility chief for negligence in connection with these 
deaths.
    Men and women were held together in pretrial detention facilities; 
however, all women were housed in a separate prison facility after 
being sentenced. Local NGO observers reported that female prisoners 
lived in better conditions than male prisoners, were monitored more 
frequently, and had more access to training and other activities. 
Although minors were also supposed to be held in separate facilities, 
international monitors observed some children being held with adults. 
Prisoners had access to family visitors and were permitted religious 
observance. While most reported that they could submit complaints to 
judicial authorities and the ombudsman's office without censorship, 
domestic NGOs reported that some prisoners in high security facilities 
had difficulty submitting complaints to judicial authorities. Prison 
authorities regularly read prisoners' correspondence. Prison record 
keeping appeared sufficient. The national human rights ombudsman and 
the ombudsman for the Nakhchivan Autonomous Republic received a variety 
of human rights complaints, including from prisoners.
    The Ministry of Internal Affairs reported that on January 26, it 
allocated 236,000 manat ($295,000) for the renovation of detention 
facilities. The ministry stated that during the year it constructed new 
pretrial detention facilities for the Antitrafficking Department and 
for the police departments of the Nasimi District and Sabunchu 
districts of Baku, as well as those of Absheron, Samukh, Hajugabul, 
Tovuz, and Guba districts. It renovated the pretrial detention 
facilities at the Bilajari Main Transportation Police Department and 
the Khatai, Binagadi, and Yasamal districts of Baku, as well as in 
Aghdash, Aghsu, Goranboy, Khojaly, Ujar, Bilasuvar, Barda, Gakh, 
Gazakh, Gobustan, Zagatala, Imishli, Yevlakh, Khyzy, Jalilabad, 
Shirvan, Saatly, Gabala, and Beylagan. At year's end construction 
continued at the Nizami District of Baku, as well as in Sumgayit and 
Lankaran.
    The Ministry of Justice reported that during the year it renovated 
prisons Nos. 4, 8, 9, 12, 13, 14, 16, and 17. It further reported that, 
at prisons Nos. 2, 5, and 16, it installed treatment facilities, 
fostering facilities, and heating systems. It reported the completion 
of five out of nine blocks at the Baku pretrial (investigation) 
detention facility. It started construction at the Shaki mixed regime 
penitentiary.
    The government permitted some prison visits by international and 
local humanitarian and human rights groups, including the ICRC, Council 
of Europe's Committee for the Prevention of Torture (CPT), OSCE, EU 
(accompanied by some of its members' missions), and Azerbaijan 
Committee against Torture. Since 2009 the Ministry of Justice has 
required the Azerbaijan Committee against Torture to obtain prior 
notification before visiting its facilities, but the Ministry of 
Internal Affairs continued to allow the committee immediate access to 
its pretrial detention centers. The ICRC had unobstructed access to the 
POWs/CIs who were held in connection with the conflict over Nagorno-
Karabakh as well as to detainees held in facilities under the authority 
of the Ministries of Justice, Internal Affairs, and National Security.
    A joint government-human rights community prison monitoring group, 
known as the Public Committee, was able to gain access to prisons, but 
only with prior notification to the Penitentiary Service. On some 
occasions during the year, however, the group reportedly experienced 
difficulty obtaining access even with prior notification. Nevertheless 
the committee was able to conduct 22 monitoring visits, consulting with 
369 prisoners.

    d. Arbitrary Arrest or Detention.--Although the law prohibits 
arbitrary arrest and detention, the government generally did not 
observe these prohibitions in practice, and impunity remained a 
problem.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs and the Ministry of National Security are responsible 
for internal security and report directly to the president. The 
Ministry of Internal Affairs oversees local police forces and maintains 
internal civil defense troops. The Ministry of National Security has a 
separate internal security force.
    The OSCE mission in Baku reported that police crowd control tactics 
observed during peaceful demonstrations in March and April appeared 
``more appropriate, proportional, and measured'' than in the past and 
reflected standards taught during OSCE training.
    While security forces were generally able to act with impunity, the 
government asserted that it took action against 248 Ministry of 
Internal Affairs employees during the year, dismissing 24, demoting 10, 
and administering other forms of disciplinary punishment to 214. The 
ministry further reported that it brought 175 counts of misconduct 
against ministry officials accused of violating citizens' rights.
    The Ministry of Justice reported that 474 of its employees were 
disciplined for impeding citizen's legal rights during the year. The 
ministry referred 11officials, involved in eight cases, to the 
Prosecutor General's Office for investigation. During the year nine 
officials were charged with fraud, embezzlement, and/or abuse of power, 
and four were convicted. Two investigations were pending at year's end.
    The military prosecutor reported 37 cases against 47 officials in 
the Ministry of Defense in 2011. Also during the year, 54 officers were 
disciplined for abusing subordinates. Additionally, the military 
prosecutor brought charges against 12 military employees and one 
civilian employee of the military commissariats.

    Arrest Procedures and Treatment While in Detention.--The law states 
that persons who are detained, arrested, or accused of a crime should 
be advised immediately of their rights, given the reason for their 
arrest, and accorded due process. In practice the government did not 
respect these provisions.
    The law allows police to detain and question an individual for 48 
hours without a warrant. However, police detained individuals for 
several days without warrants. Legal experts asserted that in other 
instances judges issued warrants after the fact.
    Judges sentenced detainees to administrative detention within the 
statutory 48 hours of their arrest, but sometimes without allowing them 
access to an attorney. Local observers alleged that this was the case 
with seven of the eight persons detained on March 11at the first 
protest calling for political reform. Amnesty International (AI) and 
HRW alleged that this was also the case with a majority of detentions 
in the period before and during demonstrations on April 2. Persons in 
administrative detention are placed in pretrial detention facilities 
and may be held for up to 15 days. For example, the Nasimi District 
Court sentenced human rights lawyer Vidadi Isganderov to 15 days' 
administrative detention after he was arrested on his way to a protest 
on April 17. After 15 days his imprisonment was extended to three 
month's pretrial detention a result of his being officially charged 
with obstructing the implementation of the right to vote and 
interfering with the operation of election commissions during the 2010 
parliamentary elections.
    The law provides for access to a lawyer from the time of detention. 
In practice access to lawyers was poor, particularly outside of Baku. 
Although entitled to it by law, indigent detainees often did not have 
such access. Family members reported that authorities occasionally 
restricted family-member visits, especially to persons in pretrial 
detention, and occasionally withheld information about detainees. Days 
sometimes passed before families could obtain any information about 
detained relatives. There was no formal, functioning bail system, 
although individuals were sometimes permitted to vouch for detainees, 
enabling their conditional release during pretrial investigation. In 
addition authorities in some cases independently released defendants 
during the investigative phase. Politically sensitive suspects were at 
times held incommunicado for several hours or sometimes days while in 
police custody.

    Arbitrary Arrest.--Arbitrary arrest, often based on spurious 
charges of resisting police, remained a problem throughout the year, 
especially during the series of peaceful demonstrations that occurred 
throughout the spring. Police violations of arrest and detention 
procedures were also reported. In particular there were a number of 
cases of police detaining members of opposition political parties in 
connection with their attempts to hold peaceful political 
demonstrations.
    Lengthy pretrial detention of up to 18 months occurred. The 
prosecutor general routinely extended the initial three-month pretrial 
detention period permitted by law in successive increments of several 
months until the government completed an investigation.

    Amnesty.--On May 28, the president pardoned several persons, 
including imprisoned journalist Eynulla Fatullayev, whose imprisonment 
was widely considered to have been politically motivated, and the 
former first deputy head of the executive power of Baku, Eldaniz 
Lahijev, who was convicted of embezzling funds that should have been 
paid as compensation to owners of property confiscated through eminent 
domain.
    On December 26, the president pardoned three prisoners who were on 
NGOs' lists of political prisoners: Jabbar Savalan, who was arrested in 
February and convicted May 4 of drug possession and sentenced to two 
and one-half years in prison; Nizami Shakhmuradov, a former riot police 
commander allegedly involved in a 1995 mutiny; and Mekhman Mamedov, the 
driver for a former prosecutor of Baku, who was charged with 
involvement in an alleged coup d'etat.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, in practice judges did not function 
independently of the executive branch. The judiciary remained corrupt 
and inefficient. Verdicts were largely unrelated to the evidence 
presented during the trial.
    The executive branch continued to exert a strong influence over the 
judiciary. The Ministry of Justice controlled the Judicial Legal 
Council, which administered the examination for judge candidates.
    Credible reports indicated that judges and prosecutors took 
instruction from the presidential administration and the Justice 
Ministry, particularly in cases of interest to international observers. 
There continued to be credible allegations that judges routinely 
accepted bribes. The ministry reported that the Judicial Council 
dismissed two judges, transferred one to another position, and 
disciplined four other judges in 2011. Another 17 judges received 
various lesser disciplinary punishments.
    In one case HRW reported that authorities convicted human rights 
lawyer Vidadi Isganderov in a flawed trial without presenting 
sufficient evidence to substantiate the charges of election 
interference and without considering evidence raised by Isganderov's 
lawyer in his defense. Isganderov's lawyer, Khalid Baghirov, was 
suspended from the bar association allegedly for slandering the police 
in the Elvin Asgarov case (see section 1.a.).

    Trial Procedures.--The law provides for public trials except in 
cases involving state, commercial, or professional secrets or 
confidential, personal, or family matters. While the law provides for 
the presumption of innocence in criminal cases; the right of the 
defendant to review evidence, confront witnesses and present evidence 
at trial, the right of indigent defendants to a court-approved 
attorney, and the right of both defendants and prosecutors to appeal, 
these provisions were not always respected in practice. Even when the 
presumption of innocence was not violated explicitly, the practice of 
having the accused appear in handcuffs inside locked metal cages did so 
implicitly. However, authorities discontinued this practice following a 
May 31 ruling by the European Court of Human Rights (ECHR) that keeping 
a nonviolent defendant in a cage violated the European Convention on 
Human Rights.
    Judges often failed to read verdicts publicly or give the reasoning 
behind their decisions, leaving the accused without knowledge of the 
reasoning behind the judgment.
    Jury trials were not used. Foreign and domestic observers usually 
were allowed to attend trials. The use of small courtrooms with 
inadequate seating prevented public attendance at some hearings. 
Information regarding trial times and locations was generally 
available, although there were some exceptions, particularly in the 
Court of Grave Crimes.
    Although the constitution prescribes equal status for prosecutors 
and defense attorneys, in practice prosecutors' privileges and rights 
outweighed those of the defense. Judges reserved the right to remove 
defense lawyers in civil cases for ``good cause.'' In criminal 
proceedings judges may remove defense lawyers because of a conflict of 
interest or if a defendant requests a change of counsel. Judges often 
favored prosecutors when assessing motions, oral statements, and 
evidence submitted by defense counsel.
    The law limits representation in criminal cases to members of the 
country's government-influenced Collegium (bar association). The number 
of lawyers who are collegium members has been decreasing: at year's end 
there were 738 defense lawyers, while in 2010 and 2009, the numbers 
were 761 and 783, respectively. The number of Collegium lawyers 
practicing outside the capital remained relatively steady at 
approximately 26 percent of all lawyers. This imbalance between the 
capital and the rest of the country implied that access to licensed 
legal representation was limited outside of Baku.
    During the year the collegium disbarred or suspended three of the 
six lawyers who represented politically sensitive defendants arrested 
and tried for participating in peaceful opposition demonstrations in 
late winter and early spring. While the collegium stated that the three 
men--Osman Kazimov, Elchin Namazov, and Khalid Baghirov--were disbarred 
or suspended because they failed to uphold the standards expected of 
defense lawyers, local NGOs and international organizations asserted 
that the collegium's action was politically motivated and not the 
result of legitimate complaints. Observers also viewed the collegium's 
disciplinary action against lawyer Aslan Ismayilov as politically 
motivated. Other lawyers, including Anar Gasimly, Asabali Mustafayev 
and Ramiz Mammadov, reported being under pressure by the presidium of 
the collegium, but according to the presidium, they did not receive any 
disciplinary punishment.
    The presidium is the managing body of the collegium and has the 
authority to suspend or expel lawyers, in conjunction with its 
disciplinary committee. The presidium was elected in 2004 to a five-
year term, which should have ended in 2009.
    The constitution prohibits the use of illegally obtained evidence. 
However, despite some defendants' claims that testimony was obtained 
through torture or abuse, courts did not dismiss cases based on claims 
of abuse, and there was no independent forensic investigator to 
determine the occurrence of abuse. Judges often ignored claims of 
police mistreatment. Investigations often focused on obtaining 
confessions rather than gathering physical evidence against suspects. 
Serious crimes brought before the courts most often ended in 
conviction, as judges generally required only a minimal level of proof 
and collaborated closely with prosecutors. In the rare instance when a 
judge determined that the evidence presented was not sufficient to 
convict a defendant, it could be returned to the prosecutor for 
additional investigation, effectively giving the prosecutor another 
chance at a conviction.
    With the exception of the Court of Grave Crimes and the Military 
Court of Grave Crimes, courts often failed to provide translators. 
Courts are entitled to contract translators during hearings, with the 
expenses covered by the Ministry of Justice.
    There were no verbatim transcripts of judicial proceedings; 
testimony, oral arguments, and judicial decisions were not recorded. 
Instead the court officer generally took notes that tended to be sparse 
and decided what should be included in the notes.
    The country has a military court system with civilian judges. The 
military court retains original jurisdiction over any case in which 
crimes related to war or military service are adjudicated.

    Political Prisoners and Detainees.--Local NGOs maintained that the 
government continued to hold political prisoners, although estimates of 
the number varied from 27 to 65. The government denied it held 
political prisoners. NGO estimates of the number of political prisoners 
also included persons imprisoned in previous years, such as individuals 
who were arrested in 2005 on charges of plotting a coup and 
subsequently convicted of corruption.
    During the year the government released journalist Eynulla 
Fatullayev. On the other hand, authorities arrested, tried, and 
convicted 17 politically active men whom AI described as ``prisoners of 
conscience.''
    In one example, on January 20, approximately 100 opposition 
activists and politicians marched to commemorate the anniversary of the 
1990 killing of more than 100 Baku civilians by Soviet forces. After a 
standoff with police, activists were allowed to approach the martyrs' 
graves and lay flowers, but police confiscated a sign which was held on 
one end by youth activist Jabbar Savalan. On February 4, following 
prodemocracy demonstrations in several Arab countries, Savalan called 
for a ``day of rage'' on his Facebook page as well as on the Facebook 
page of the Public Chamber, an opposition umbrella group. On February 
5, authorities arrested Savalan and on May 4, they convicted him of 
opium possession and sentenced him to two and one-half years in prison. 
Local and international observers viewed Savalan's arrest as 
politically motivated and his conviction as unsupported by the 
evidence. The president pardoned Savalan on December 26.
    In another case widely viewed as politically motivated, youth 
activist and former independent parliamentary candidate Bakhtiyar 
Hajiyev was arrested on January 24 and had his bail revoked on March 4 
within days of having participated in an online effort to organize 
protests for March 11. On May 18, Hajiyev was sentenced to two years in 
prison for refusing to serve in the military. He had sought an 
alternative to military service permitted by the constitution. 
Progovernment Lider Television ran a campaign in June and July that 
appeared aimed at discrediting Hajiyev, a graduate of Harvard 
University, by questioning his patriotism and whether he really had 
graduated from Harvard. Both Hajiyev's family and former professors 
protested the campaign.
    Other public figures included among AI's ``prisoners of 
conscience'' were senior Musavat Party official Arif Hajili, human 
rights lawyer and former parliamentary candidate Vidadi Isganderov, and 
senior Popular Front Party official Sahib Karimov.
    During the spring demonstrations, opposition newspaper reports 
indicated that police administratively detained at least seven 
activists in the days before a planned demonstration on March 11; 26 on 
March 11; 64 on March 12; 13 in the four days before a planned 
demonstration on April 2; 112 on April 2; and 64 on April 17. 
Administrative detentions ranged between six and 15 days. More than 350 
other individuals who participated in the March and April 
demonstrations were briefly detained by police and released the same 
day without being charged.

    Regional Human Rights Court Decisions.--Citizens have the right to 
appeal court decisions on human rights cases to the ECHR within six 
months of the first Supreme Court ruling on a case. Citizens continued 
to exercise this right frequently. At year's end there were 
approximately 100 cases involving the country awaiting action by the 
ECHR.
    During the year the ECHR issued nine judgments that found a 
violation by the state of commitments under the European Convention on 
Human Rights. The government's compliance with ECHR decisions was 
mixed. In April 2010 the ECHR ruled that the imprisonment of journalist 
Eynulla Fatullayev violated his right to freedom of expression and 
ordered his immediate release. The government released Fatullayev on 
May 26, more than a year after the ECHR ruling. On August 8, 16 months 
after the ruling, the government paid Fatullayev 27,000 manat ($33,750) 
compensation as ordered by the ECHR.
    In another case the ECHR ruled in November 2010 in favor of former 
minister for economic development Farhad Aliyev, who had challenged the 
length of his pretrial detention. In its decision the court called for 
the government to provide financial compensation to Aliyev for 
nonmaterial damage and legal expenses within three months of the date 
on which the decision became final, February 9. As of year's end, the 
government had not implemented the court's judgment. Aliyev was 
arrested in 2005 on coup plotting charges but was convicted of 
corruption.

    Civil Judicial Procedures and Remedies.--The law does not provide 
for an independent and impartial jury in civil matters; all trials are 
decided by the judge. District courts have jurisdiction over civil 
matters in their first hearing; appeals are addressed by the Court of 
Appeals and then by the Supreme Court. Citizens have the right to bring 
lawsuits seeking damages for, or cessation of, human rights violations. 
As with criminal trials, all citizens have the right to appeal to the 
ECHR within six months after exhausting all domestic legal options.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary invasions of privacy and 
monitoring of correspondence and other private communications. The 
government did not respect these legal prohibitions in practice.
    While the constitution allows for searches of residences only with 
a court order or in cases specifically provided by law, authorities 
often conducted searches without warrants. It was widely believed that 
the Ministry of National Security and the Ministry of Internal Affairs 
monitored telephone and Internet communications, particularly those of 
foreigners, some political and business figures, and persons engaged in 
international communication.
    Police continued to intimidate and harass family members of 
suspected criminals and political opposition members. They continued to 
intimidate and harass employees and leaders of certain NGOs and their 
family members. Citizens reported that authorities fired individuals 
from jobs in retaliation for the political or civic activities of other 
family members.
    NGOs reported that authorities did not respect the laws governing 
eminent domain and expropriation of property. Domestic monitors 
reported that the number of property rights complaints they received 
continued to rise compared with previous years. NGOs reported that many 
citizens did not trust the country's court system and were therefore 
reluctant to pursue compensation claims. The country's scores for the 
protection of private property in the Index of Economic Freedom 
released on January 12 and conducted by the Wall Street Journal and the 
Heritage Foundation, indicated that private property rights were only 
weakly protected. On August 24, a consortium of local NGOs issued a 
press statement alleging that in the previous two years in Baku, 
approximately 20,000 inhabitants of 400 buildings had lost their 
residences and been unfairly compensated. On June 12, HRW reported that 
homeowners often received compensation well below market value and had 
few options for legal recourse.
    On August 11, authorities demolished a building containing the 
offices of the Institute for Peace and Democracy, the Women's Crisis 
Center, and Azerbaijan's Campaign to Ban Landmines without prior notice 
and despite a court order forbidding its demolition. The leader of the 
Institute for Peace and Democracy, Leyla Yunus, owned the building. She 
and other observers attributed the demolition to her activism in 
support of property rights, citing in particular an article quoting her 
on the subject that the New York Times newspaper published the day 
before the demolition.
    In another high profile case, on September 9, security forces of a 
subsidiary of the State Oil Company of Azerbaijan reportedly beat 
family members of journalist Idrak Abbasov while partially destroying 
his family's home without a prior eviction notice. An independent 
journalist with the Institute for Reporters' Freedom and Safety, 
Abbasov considered these actions as retribution for his work. Following 
the beatings his parents and a brother were hospitalized.
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 
specifically prohibits press censorship; however, the government often 
did not respect these rights in practice. During the year the 
government continued to limit media independence. Although the 
government released journalist Eynulla Fatullyev, three journalists 
remained imprisoned or faced criminal charges at year's end.

    Freedom of Speech.--The constitution provides for freedom of 
speech, but the government restricted this right with regard to 
subjects it considered politically sensitive. For example, authorities 
routinely denied activists' requests to hold public meetings, and in 
March and April they prevented youth and opposition activists from 
holding peaceful demonstrations in Baku. The convictions of 17 people 
during the year who attempted to exercise freedom of speech raised 
concerns about authorities' use of the judicial system to punish 
dissent.

    Freedom of Press.--A number of opposition and independent media 
outlets operated during the year. While the print media expressed a 
wide variety of views on government policies, objective, professional 
reporting was rare. Newspaper circulation rates remained low, not 
surpassing 5,000 in most cases. Credible reports indicated that 
opposition newspapers were available outside of Baku only in limited 
numbers due to the refusal of a number of distributors to carry them. 
The broadcast media adhered almost exclusively to a progovernment line 
in their news coverage. All foreign broadcasters, including the Voice 
of America, Radio Free Europe/Radio Liberty, and the BBC, remained 
prohibited from broadcasting on FM frequencies.
    The government used the media to discredit those with dissenting 
views. In one example, in April, an illegitimately obtained video of 
journalist Gan Turali and another of journalist Natig Adilov's private 
activities while at the Afra Hotel in Oguzwere broadcast on nationwide 
Lider Television in an apparent attempt to disgrace the journalists. 
Adilov sued Lider Television for breaking the law prohibiting 
videotaping or photographing anyone without their permission. Lider was 
considered to be closely aligned with the government. At the last 
hearing held on September 9, the judge postponed Adilov's proceeding 
indefinitely. At year's end no date for its continuation had been set.
    During the year the government released journalist Eynulla 
Fatullayev; three journalists remained in prison or faced criminal 
charges. Ramil Bayramov, the editor in chief of islamazeri.az online 
newspaper, was arrested on weapons and narcotics charges by the 
Ministry of National Security on August 11. Aydin Janiyev, a Khural 
newspaper reporter, was convicted of hooliganism while resisting an 
official police order on November 21. He was sentenced to three years 
in prison. Avaz Zeynalli was accused of blackmail and arrested on 
October 28. Ayear's end Zeynalli's and Janiyev's trials were pending.
    International and local commentators believed that the government 
targeted the journalists due to their criticism of government figures 
and policies.

    Violence and Harassment.--A media-monitoring NGO reported that 
during the year there were 90 incidents involving 72 journalists, 
compared with 106 incidents involving verbal or physical assaults on 
journalists in 2010 and 51 such cases in 2009.
    For example, according to Radio Free Europe (RFE), on April 3, 
three unidentified assailants kidnapped opposition Azadliq reporter 
Ramin Deko and warned him to stop criticizing authorities and 
participating in protests. On April 4, RFE reported that two 
unidentified assailants attempted to beat Deko when he was returning 
home from work.
    Four days after Institute for Reporter Freedom and Safety reporter 
Hakimeldostu Mehdiyev helped Frankfurter Allgemeine Zeitung journalist 
Michael Ludwig attempt to report a story on Nakhchivan, the deputy head 
of the executive authority of the Sharur District in Nakhchivan, 
Aladdin Mammadov, came to Mehdiyev's home on July 13 and cut the power 
supply to the car-washing station in his driveway. Police allegedly 
assaulted journalists Elman Abbasov and Ilgar Nasibov as they attempted 
to film the scene and briefly detained Mehdiyev, Abbasov, and Nasibov. 
Ludwig had left Nakhchivan on July 9, unable to write his story because 
of officials' interference. Shortly thereafter the Sharur Regional 
Prosecutor's Office opened a criminal case against Mehdiyev for 
allegedly diverting electricity. The court of first instance found 
Mehdiyev guilty, and the Supreme Court of Nakhchivan upheld his 
conviction.
    There were reports of police officers harassing, and in some cases 
assaulting, journalists trying to cover the spring demonstrations (see 
Section 2.b.)
    There were no indications that authorities held any police officers 
accountable for physical assaults on journalists in recent years.
    Journalists and media rights leaders, including the OSCE's 
representative for freedom of the media, continued to call for 
accountability for the 2005 killing of Elmar Huseynov. Lawsuits 
suspected of being politically motivated were also used to intimidate 
journalists and media outlets.
    The majority of independent and opposition newspapers remained in a 
precarious financial situation and continued to have problems paying 
wages, taxes, and periodic court fines. Most relied on political 
parties or influential sponsors for financing. According to prominent 
journalists, government representatives directly or indirectly 
dissuaded companies and institutions from placing advertising in 
opposition media. As a result paid advertising was largely absent in 
opposition media.
    The government prohibited some state libraries from subscribing to 
opposition newspapers, prohibited state businesses from buying 
advertising in opposition newspapers, and pressured private businesses 
not to advertise in them. Political commentators noted that these 
practices reduced the wages that opposition and independent outlets 
could pay to their journalists, allowing progovernment outlets to hire 
away quality staff. In addition international media monitoring reports 
indicated that intimidation by officials of the Ministry of Taxes 
further limited the independence of the media.
    While there were no restrictions on systems to receive satellite 
broadcasts by foreign stations, the National Television and Radio 
Council required that local, privately owned television and radio 
stations not rebroadcast entire news programs of foreign origin.

    Censorship or Content Restriction.--Most media practiced self-
censorship and avoided topics considered particularly sensitive.

    Libel Laws/National Security.--The law allows for large fines and 
up to three years' imprisonment for persons convicted of libel. 
Administration officials stated publicly in 2009 that this provision 
would be removed from the criminal code, and subsequently courts 
overturned the conviction of two journalists for libel. However, libel 
remains a criminal offense. According to a local media rights 
organization, during 2011 judges found instances of libel and awarded 
fines to the complainants in the amount of 2.7 million manat ($3.4 
million) against newspapers or their owners.

    Publishing Restrictions.--The government continued to use import 
controls and withhold government preapproval to make it difficult for 
religious organizations to import religious materials. An editor 
reported that he failed to find either a publisher or a distributor for 
a new newspaper project because the publisher knew that to publish such 
a newspaper would imperil his business.

    Internet Freedom.--The government generally did not restrict access 
to the Internet, but it required Internet service providers to be 
licensed and have formal agreements with the Ministry of Communications 
and Information Technologies.
    There were indications that the government monitored Internet 
communications. For example, a majority of those detained before the 
peaceful March 11 protest had been politically active on Facebook.
    The government was accused of blocking access to opposition Web 
sites on occasion. For example, on September 5, access to the Web site 
of the opposition newspaper Azadliq suffered a denial of service 
attack, according to editor Rovshan Hajiyev. In the exclave of 
Nakhchivan, Web site blockages were reportedly much more common.

    Academic Freedom and Cultural Events.--The government on occasion 
restricted academic freedom. At year's end opposition activists 
estimated that at least three students, Jabbar Savalan, Tural Abbasli, 
and Elnur Majidli, had been expelled for their participation in the 
spring peaceful protests.
    On November 4, the Forum of Azerbaijani Intelligentsia (FAI) held a 
discussion entitled ``The Road to National Unity.'' At the discussion 
participants expressed concerns regarding corruption, bureaucratic 
arbitrariness, increasing social injustices, and a widening gap between 
the rich and the poor. On November 7, the Azerbaijan State Oil Academy 
fired Rafig Aliyev, a full member of the National Academy of Sciences 
and chairman for 22 years of the Oil Academy's Department of Automated 
Management Systems. Opposition sources believed Aliyev's firing was in 
retaliation for his participation at the FAI. On November 14, 245 
professors reportedly signed a statement condemning the FAI and 
supporting the government. Later, a few recanted their signatures, 
stating they did not intend to sign, had not signed the statement, or 
thought they were signing a petition in support of Rafig Aliyev. On 
December 29, the FAI attempted to hold another meeting at the Hyatt 
Regency, which hotel management prevented by turning off the 
electricity, as reported in the opposition press. The meeting was held 
at an NGO's office the next day.
    Some domestic observers raised concerns that the government's 
selection of participants for state-sponsored study abroad programs was 
biased and took political affiliation into account. The government 
maintained that its selection process was transparent and political 
affiliation was not a factor. Opposition party members continued to 
report difficulties in finding jobs teaching at schools and 
universities. Most known opposition party members teaching in state 
educational institutions had been fired in previous years.
    NGOs reported that local executive authorities on occasion 
prevented the expression of minority cultures, for example, by 
forbidding dances and the use of store signs in minority languages.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly. However, the 
government severely restricted the right of assembly in practice. At 
year's end 15 activists remained imprisoned after participating in 
peaceful demonstrations during the spring, including: Arif Hajili, 
Shahin Hasanli, Sahib Karimov, Mahammad Majidli, Rufat Hajibeyli, Ulvi 
Guliyev, Tural Abbasli, Elnur Israfilov, Elnur Majidli, Babek Hasanov, 
Vidadi Isganderov, Zulfugar Eyvazli, Arif Alishli, Elshan Hasanov, and 
Ahad Mammadli.
    While the constitution stipulates that groups may peacefully 
assemble after notifying the relevant government body in advance, the 
government continued to interpret this provision as a requirement for 
prior permission. Local authorities continued to require all rallies to 
be preapproved and held at designated locations, always far from city 
centers. Most political parties and NGOs found such requirements 
unacceptable and believed them to be unconstitutional. Authorities 
throughout the country routinely refused to acknowledge notifications, 
thereby effectively denying the freedom to assemble.
    During the first four months of the year, youth and opposition 
activists organized a number of peaceful protests. Following similar 
demonstrations in the Middle East and North Africa, protesters called 
for democratic reforms and the government's resignation. The government 
responded by denying activists' requests to hold such rallies on 
multiple occasions and forcibly breaking up several unsanctioned 
pickets and demonstrations. Some international human rights 
organizations reported that security forces used excessive force. 
Authorities incarcerated a number of protesters (see sections 1.d, 
1.e., and 2.a.).
    The government also denied NGO and religious activists' requests to 
hold demonstrations during the year.
    Officials often detained protesters for several hours, often 
arbitrarily. For example, on March 12, the opposition Musavat party 
held a demonstration after formally notifying the Baku Municipal 
Authority. Baku officials refused to accept the notification, and 
police detained 64 protesters temporarily and sentenced 10 to 
administrative detention for eight to 10 days.
    In another case, on April 2, the Public Chamber held a 
demonstration, after formally notifying the Baku Municipal Authority. 
Thirteen citizens were detained in advance of the demonstration. During 
the demonstration police arrested 112 protesters, including several who 
later were convicted of criminal charges and recognized by Amnesty 
International (AI) as prisoners of conscience.
    According to observers from the OSCE Office in Baku who monitored 
the April 2 protest activities at five locations, the conduct of 
uniformed and nonuniformed personnel was inconsistent and varied from 
measured and proportionate to undue and disproportionate. In addition 
the observers saw nonuniformed personnel beating protesters, kicking 
them when they were lying on the ground, and hitting journalists 
wearing clearly marked press clothing.
    AI characterized the government's response to the March and April 
rallies as a ``crackdown on freedom of assembly.'' In a November 
report, AI stated that its representatives monitoring the March 11 and 
12 demonstrations saw police use ``excessive force to disperse and 
arrest the peaceful protesters.''
    Authorities applied restrictions on unsanctioned protests 
arbitrarily, permitting demonstrations against the political opposition 
to take place even when advance notice had not been officially 
provided. For example, during the year at least four unsanctioned 
progovernment protests attempted to smear an opposition leader by 
making allegations about his sexual orientation, playing on popular 
prejudices against homosexuality. Authorities allowed these protests to 
go forward, and no one was detained or arrested.

    Freedom of Association.--The law provides for freedom of 
association, although in practice the government's restriction of this 
right continued during the year. A number of provisions allow the 
government to regulate the activities of political parties, religious 
groups, businesses, and NGOs, including a requirement that all 
organizations register either with the Justice Ministry or the State 
Committee on Work with Religious Associations. Although the law 
requires the government to act on registration applications within 30 
days of receipt, vague, cumbersome, and nontransparent registration 
procedures continued to result in long delays that limited citizens' 
right to associate.
    On March 4, Ganja regional officials evicted three local NGOs from 
their offices, according to an AI report, without any legal 
justification. On March 7, the authorities ordered the National 
Democratic Institute (NDI) Azerbaijan office to stop its activities 
pending registration by the Ministry of Justice, a process that would 
involve the negotiation of an agreement between NDI and the ministry. 
On March 10, officials issued a similar order to the Norwegian Human 
Rights House of Azerbaijan. On March 16, the government issued a decree 
on the implementation of a 2009 law's requirements for international 
NGOs operating in the country. In September authorities authorized NDI 
to resume its work while approval of its registration application 
remained under consideration.
    In an October 19 opinion, the Venice Commission raised a number of 
concerns about the compatibility of the law on NGOs with human rights 
standards and noted with concern that ``to condition the views, 
activities, and conduct of an NGO before allowing it to obtain the 
legal personality necessary for its operation, goes against the core of 
the values underlying the protection of civil and political rights.''
    The law on NGOs restricts freedom of association, including by 
requiring deputies of NGO branches to be Azerbaijani citizens and 
requiring foreign NGOs to sign an agreement with the government before 
opening an office. In addition a presidential decree modifying the law 
on NGOs includes a requirement that they register all grants they 
receive with the Ministry of Justice.
    Some experts estimated that approximately 1,000 NGOs remained 
unregistered at year's end. The Ministry of Justice stated that it 
registered 144 NGOs in 2011 and 124 in 2010.

    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; however, the government limited freedom of movement at 
times, particularly for internally displaced persons (IDPs).
    The government cooperated with the UNHCR and other humanitarian 
organizations in providing protection and assistance to IDPs, refugees, 
returning refugees, asylum seekers, stateless persons, and other 
persons of concern. The State Migration Service was responsible for all 
refugee matters, including refugee status determination. International 
NGOs continued to report that this department remained inefficient and 
did not operate transparently.

    Foreign Travel.--Since 2006 the government has prevented the 
foreign travel of Popular Front Party chairman Ali Kerimli by refusing 
to renew his passport. The government cited an outstanding civil 
complaint against him from 1994 as the reason for the refusal, although 
it had renewed Kerimli's passport without objection on several 
occasions in the years since the complaint was filed. Kerimli's appeal 
of the decision was rejected at all levels of the court system. In 2009 
Kerimli submitted a complaint to the ECHR, which had not heard the case 
at year's end.
    The law requires men of draft age to register with military 
officials before traveling abroad. Those pursuing higher education may 
request a deferment to complete their studies. The law on military 
service does not stipulate deferments for undergraduate or graduate 
studies although military draft boards commonly granted such deferments 
upon presenting annual proof of enrollment. Some travel restrictions 
were placed on military personnel with access to national security 
information. Citizens charged with or convicted of criminal offenses 
and given suspended sentences were not permitted to travel abroad. 
Officials regularly extracted bribes from individuals who applied for 
passports.
    While official government policy allows citizens of ethnic Armenian 
descent to travel, low-level officials reportedly often requested 
bribes or harassed ethnic Armenians who applied for passports.

    Internally Displaced Persons (IDPs).--As of year's end the UNHCR 
reported that there were 599,192 registered IDPs in the country, 
representing 152,548 families. The vast majority fled their homes 
between 1988 and 1993 as a result of the Nagorno-Karabakh conflict.
    IDPs were required to register their places of residence with 
authorities and could live only in approved areas. This ``propiska'' 
system is a carryover from the Soviet era and was enforced mainly 
against persons who were forced from their homes after ethnic Armenian 
separatists took control of the Nagorno-Karabakh region and adjacent 
territories in the western part of Azerbaijan. The government asserted 
that registration was needed to keep track of IDPs in order to provide 
them with assistance. According to the Internal Displacement Monitoring 
Center, many IDPs who resided in Baku were unable to register their 
residences or gain access to formal employment, government assistance, 
health care, education, or pensions and had difficulty buying property.
    In December the Brookings Institution-London School of Economics 
Project on Internal Displacement released a report that noted that 
while the government took demonstrable steps in recent years to improve 
IDP living conditions, many IDPs still lived in dilapidated, 
overcrowded public buildings and had poor access to social services, 
particularly education and health services.
    The UNHCR reported that during the year, the government rehoused 
2,120 families, representing approximately 10,600 individuals. The 
rehousing occurred in the Agjabadi, Goranboy, Absheron, Baku. and Qazax 
regions.

    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 some 
refugees through the Refugee Status Determination Department at the 
State Migration Committee. The UNHCR recognized 1,703 individuals 
(asylum seekers, persons of concern to UNHCR, and refugees recognized 
under the UNHCR mandate) in Azerbaijan and provided them with UNHCR 
Letters of Protection. The three largest active refugee populations 
were Chechens, Afghans, and Iranians.

    Nonrefoulement.--In practice the government provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened on account of their race, 
religion, nationality, membership in a particular social group, or 
political opinion. According to the UNHCR, most persons granted refugee 
status were ethnic Azerbaijanis from Iran. The government did not 
provide any notable assistance to government- or UNHCR-recognized 
refugees or asylum seekers. However, it did not force refugees back to 
their countries of origin, and it respected the UNHCR protection 
letters.

    Temporary Protection.--The government has no legal mechanism to 
provide temporary protection to individuals who do not qualify as 
refugees. The government accepted the protection letters the UNHCR 
issued to those it considered refugees. As a result the UNHCR continued 
to carry out all protection and assistance functions for populations of 
concern in the country. Despite UNHCR recognition of Chechens, Afghans, 
and Iranians as populations of concern, Azerbaijani laws on residence, 
registration, and the status of refugees and IDPs do not apply to these 
persons, who are required to register with police and are not entitled 
to residence permits. Neither those refugees recognized by the State 
Migration Committee nor those protected by the UNHCR's letters were 
legally allowed to work.

    Stateless Persons.--Citizenship is derived by birth within the 
country or from one's parents. The law provides for the right to apply 
for stateless status. However, in practice some persons could not 
obtain the documentation required for the application and therefore 
remained formally unrecognized. The law on citizenship was amended in 
2008 to make it harder for foreigners and stateless persons to obtain 
citizenship.
    According to UNHCR statistics, there were 2,078 stateless persons 
in the country at the end of 2009. The vast majority of these were 
ethnic Azeris from Georgia or Iran. NGOs estimated there were many 
other undocumented stateless persons, with estimates ranging from 
hundreds to tens of thousands.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully; however, the government continued to 
restrict this right in practice by interfering in elections. The law 
also provides for an independent legislature; however, the Milli 
Majlis's independence was constrained, and it exercised little 
legislative initiative independent of the executive branch.

    Elections and Political Participation.--Recent Elections.--Although 
both progovernment and opposition political parties participated in the 
November 2010 parliamentary elections, these elections did not meet a 
number of international standards for democratic elections. According 
to domestic and international observers, shortcomings included a biased 
candidate registration process, constraints on freedom of assembly and 
expression, a restrictive political environment, unbalanced media 
coverage of candidates, and unequal treatment of candidates by 
authorities. The OSCE observation mission final report concluded that 
overall, the elections did not meet a number of key OSCE commitments 
for democratic elections or important elements of domestic legislation. 
There also were reports of pressure on domestic election observers, 
candidates, and family members. Such pressure included the firing of 
such individuals from their jobs and, in Nakhchivan, beatings.
    President Ilham Aliyev, the son of former president Heydar Aliyev, 
was elected to a second term in 2008, also in a flawed election.

    Political Parties.--There were 50 registered political parties. 
However, the ruling Yeni Azerbaijan Party continued to dominate the 
political system. Domestic observers reported that membership in the 
ruling party conferred advantages, such as being given preference for 
public positions. For the first time since the country's independence, 
the Milli Mejlis after the 2010 election did not include 
representatives of the Musavat and Popular Front opposition parties.
    Members of the opposition were more likely to experience official 
harassment and arbitrary arrest and detention than other citizens. 
Members of regional and central branches of opposition parties reported 
that local authorities often took actions to prevent routine party 
activities, for example, by pressuring restaurant owners not to allow 
opposition parties to use their facilities for meetings and events. 
During the year there were reports that these types of pressure 
occurred in Baku. Regional party members often had to conceal the 
purpose of their gatherings and hold them in remote locations. 
Opposition party members reported that police often dispersed small 
gatherings at tea houses and detained participants for questioning. 
Opposition parties continued to have difficulty renting office space, 
reportedly because landlords were afraid of official pressure; some 
parties operated out of their leaders' apartments.

    Participation of Women and Minorities.--There were 19 women in the 
Milli Mejlis. The percentage of female members of parliament increased 
from 11 to 16 percent between 2005 and 2010. One woman held a 
ministerial-level position. Members of minority groups such as the 
Talysh, Avars, Russians, and Jews served in the Milli Mejlis and in 
government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. 
However, the government did not effectively enforce the law, and there 
was widespread corruption with impunity, including in the civil 
service, government ministries, and the highest levels of government.
    On February 2, the government launched a well-publicized 
anticorruption campaign. Many low- and mid-level bureaucrats were fired 
and local observers reported a reduction in bribe seeking by government 
employees. The campaign did not reach the upper levels of government, 
however, and local sources reported that in some areas low-level 
government officials returned to bribe seeking.
    Transparency International and other observers described corruption 
as widespread during the year.
    Key provisions of the government's 2007 national strategy for 
increasing transparency and combating corruption remained unimplemented 
at year's end, although new anticorruption measures were included in 
the National Action Plan on Human Rights issued on December 27. One 
measure in the plan repeated the call for implementation of the law 
requiring officials to disclose their annual income, sources of income, 
property, and financial liabilities. Other measures would prohibit 
nepotism and limit gifts and direct or indirect financial benefits to 
public officials or third parties.
    Criminal cases related to bribery and other forms of corruption 
affecting daily life were initiated during the year. However, no senior 
officials were prosecuted for corruption.
    Corruption among law enforcement officers was a problem. Despite a 
decrease in bribe seeking early in the year, police later returned to 
their previous practice of levying spurious, informal fines for traffic 
and other minor violations and extracting protection money from local 
residents. During the year traffic police officers received pay raises 
to counter corruption, but the low wages of other law enforcement 
officials continued to contribute to police corruption.
    During the year the Ministry of Internal Affairs reported that it 
investigated 38 counts of corruption. It took disciplinary action for 
corruption-related violations against 53 employees during the year, 
dismissing 29, demoting 22, and issuing official warnings to two. The 
Baku City Central Police Department forwarded investigations against 
two employees to the prosecutor general's Anticorruption Department. 
The department opened a criminal case, which continued under 
investigation at year's end.
    There were reports that police officials required additional 
payment on top of court-imposed fines before returning prisoners' 
clothing and releasing them.
    Military service is universal for men between the ages of 18 and 
35. Service may be waived for physical reasons such as poor eyesight. 
There was widespread belief in society that one could pay a bribe for a 
waiver from military service. Citizens also believed that assignments 
to easier military duties could be bought for a smaller bribe.
    The law provides for public access to government information by 
individuals and organizations; however, the government often did not 
permit access. Although various government ministries have separate 
procedures on how to request information, they all routinely denied 
requests, claiming not to possess the information. Individuals have the 
right to appeal the denials in court, but the courts generally upheld 
the decisions of the ministries.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Although the 
government maintained ties with some human rights NGOs and responded to 
their inquiries, on occasion it criticized and intimidated other human 
rights NGOs and activists. The Ministry of Justice continued routinely 
to deny registration to some human rights NGOs on arbitrary grounds. 
For example, it routinely rejected the registration applications of 
NGOs whose names contained the words ``human rights,'' ``democracy,'' 
``institute,'' and ``society.'' A number of cases challenging such 
rejections were making their way through the court system, and at least 
one was submitted to the ECHR. Local NGOs monitoring the registration 
process estimated that there were approximately 1,000 unregistered 
NGOs. During the year the Ministry of Justice registered 144 NGOs.
    During the year a number of NGOs reported continued pressure 
against their activities, and some reported that pressure and 
restrictions increased (see section 2.b., Freedom of Association). In a 
high-profile example, authorities demolished a Baku building housing 
three NGOs, including the Institute for Peace and Democracy. The 
institute's head and owner of the building, prominent human rights 
advocate Leyla Yunus, considered the demolition to be government 
retribution for her activism on behalf of property rights. Her 
employees reported being followed or having authorities visit their 
houses. In another example a human rights monitor was told by an 
employee of the Nakhchivan Ministry of National Security that she was a 
traitor to the country.
    Some civil society organizations reported landlords were under 
pressure not to rent to them. For example, on March 10, the Ministry of 
Justice ordered the Human Rights House of Azerbaijan (HRH) to cease its 
activities, although it had been registered since 2007. The order was 
allegedly to remain in effect until an agreement between the Ministry 
of Justice and HRH was reached. HRH was unable to reach such an 
agreement, and in December local observers reported that the landlord, 
under pressure from the government, refused to renew HRH's lease.
    During the year the Council of State Support to NGOs provided two 
million manat ($2.5 million) to 338 NGOs. While many of these NGOs were 
considered progovernment or politically neutral, some NGOs that were 
critical of the government also received grants. One NGO sued the 
council for revoking a grant awarded to it in 2010. The NGO stated the 
grant was revoked after the NGO submitted an official complaint about 
the council's grant review process, which the NGO alleged was corrupt. 
The Supreme Court dismissed the case on June 30, and the NGO appealed 
the case to the ECHR.

    U.N. and Other International Bodies.--The government generally 
permitted unrestricted access to alleged political prisoners by 
international humanitarian organizations such as the ICRC as well as 
U.N. representatives. However, the government did not issue a visa to 
the Council of Europe rapporteur on political prisoners, Christoph 
Straesser, during the year.

    Government Human Rights Bodies.--Citizens may appeal violations 
committed by the state or by individuals to Ombudsman for Human Rights 
Elmira Suleymanova, or Ombudsman for Human Rights for the Nakhchivan 
Autonomous Republic Ulkar Bayramova. The ombudsman may refuse to accept 
cases of abuse that are more than a year old, anonymous complaints, or 
cases already being handled by the judiciary.
    The Ombudsman's Office received 8.7 percent more complaints than in 
2010 (12,680, up from 11,660). The office accepted 47 percent of the 
complaints for investigation and reported resolving 65 percent of the 
accepted complaints. The top three complaint categories were labor 
rights, social provisions, and legal rights.
    The Nakhchivan Autonomous Republic's Ombudsman reported receiving 
26 complaints, a decrease from 48 the year before. The ombudsperson 
found 20 complaints to be without merit and addressed six complaints.
    The Milli Mejlis and the Ministry of Justice also had human rights 
offices that heard complaints, conducted investigations, and made 
recommendations to relevant government bodies. Officials of the Human 
Rights Office within the Ministry of Foreign Affairs regularly met with 
the diplomatic community to discuss issues of concern.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, but the government did not always respect 
these prohibitions in practice or effectively enforce them.

    Women.--Rape and Domestic Violence.--Rape is illegal and carries a 
maximum sentence of 15 years in prison. The Ministry of Internal 
Affairs reported 16 counts of rape (three involving victims who were 
minors), 11 counts of attempted rape, 28 counts of violence of a sexual 
nature, four counts of sexual violence against a minor, two counts of 
forcing actions of a sexual nature, 112 counts of statutory rape, and 
two counts of immoral conduct with minors.
    During the year female members of parliament and the head of the 
State Committee on Women and Children increased their activities 
against domestic violence. Media coverage of domestic violence issues 
also began to raise awareness of the problem. A 2010 law establishes a 
framework for investigation of domestic violence complaints, defines a 
process to issue restraining orders, and calls for the establishment of 
a shelter and rehabilitation center for victims. Some critics of the 
domestic violence law asserted that a lack of clear implementing 
guidelines reduced its effectiveness. Despite the law, violence against 
women, including domestic violence, continued to be a problem. In rural 
areas women had no effective recourse against assaults by their 
husbands or others.
    In Baku a women's crisis center associated with the Institute for 
Peace and Democracy provided free medical, psychological, and legal 
assistance to women. The center also worked on a number of projects 
funded by international donors to combat gender-based violence and 
trafficking in persons in the Caucasus region.

    Sexual Harassment.--While the law prohibits sexual harassment, the 
government rarely enforced the prohibition. The State Committee for 
Family, Women, and Children Affairs worked extensively on women's 
issues.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely the number, spacing, and timing of their children. 
Information was accessible so families and individuals could make 
reproductive decisions free from discrimination, coercion, and 
violence. Contraception was widely available, but demographic surveys 
showed low levels of use. Skilled attendance during childbirth was 
accessible, as was prenatal care and essential obstetric and postpartum 
care. Women and men had equal access to the diagnosis and treatment for 
sexually transmitted infections. Patriarchal norms, based on cultural, 
historical, and socioeconomic factors, in some cases limited women's 
reproductive rights.

    Discrimination.--Women nominally enjoy the same legal rights as 
men; however, societal discrimination was a problem. Traditional social 
norms and lagging economic development in the country's rural regions 
continued to restrict women's roles in the economy, and there were 
reports that women had difficulty exercising their legal rights due to 
gender discrimination. Women were underrepresented in high-level jobs, 
including top business positions. A local NGO reported that women's 
average salaries were approximately 70 percent of men's average 
salaries.

    Children.--Birth Registration.--Citizenship is derived by birth 
within the country or from one's parents. Registration at birth 
happened routinely for births occurring in hospitals or clinics. 
However, among some of those born at home (for example, Romani families 
or those suffering from economic deprivation), registration sometimes 
did not occur and statelessness for the children was a problem. The 
Ministry of Internal Affairs and the Ministry of Justice made progress 
during the year in registering undocumented children after identifying 
them as a population vulnerable to trafficking.

    Education.--The law requires the government to protect the rights 
of children with regard to education and health care. In practice 
government programs provided a low standard of education and health 
care for children. While education was compulsory, free, and universal 
until the age of 17, large families in impoverished rural areas 
sometimes placed a higher priority on the education of male children 
and kept girls to work in the home. Some poor families forced their 
children to work or beg rather than attend school. A Baku NGO working 
with street children reported that boys and girls engaged in street 
begging and prostitution. The French news service Agence France Presse 
reported that some parents kept their daughters out of public schools 
in response to the ban on the hijab in elementary and secondary schools 
that was announced by the minister of education in December 2010.

    Child Abuse.--During the year the Ministry of Internal Affairs 
reported the receipt of three counts of rape involving underage 
victims; four counts of sexual violence against minors; 112 counts of 
statutory rape; and two counts of immoral acts against minors. There 
were reports that children were trafficked for sexual exploitation and 
begging. Statutory rape is defined as ``the sexual relations or other 
actions of sexual nature, committed by a person who has reached 18, 
with a person who has not reached 16'' and is punishable by up to three 
years' imprisonment.

    Child Marriage.--NGOs reported that the number of early marriages 
continued to increase. Girls who married under the terms of religious 
marriage contracts (kabin or kabin-nama) were of particular concern, as 
these evade governmental oversight and do not entitle the wife to 
recognition of her status in case of divorce. The Social Union of 
Solidarity among Women reported numerous instances in which men moved 
to Russia for work, leaving their underage wives in Azerbaijan.
    A joint study conducted in 2011 by the Azerbaijan State Committee 
on Family, Woman, and Children; the International Center for Social 
Studies and UNICEF examined the increasing incidence of child marriage 
and found that 59 percent of respondents were convinced that the local 
population approved of child marriage while 22 percent believed that 
the local population disapproved. Although the report described 
difficulties in obtaining an accurate estimate of early marriages, it 
cited the growing number of children delivered by mothers who were 
between the ages of 15 and 17 as indirect evidence of earlier 
marriages. According to the study, between 1990 and 2004, the number of 
children born to women without registered marriages rose from 2.6 
percent to 20.3 percent.
    According to newspaper reports, in November the parliament amended 
the age of consent law to state that a girl can marry at the age of 18 
and with the local authority's permission, at the age of 17. The law 
further states that a boy can marry at the age of 18. In 2002 the 
Caucasus Muslim Board issued a fitva (fatwa) that defined 18 as the 
marriage age, but the fitva failed to have much effect on kabin 
religious marriage contracts.

    Sexual Exploitation of Children.--Pornography is prohibited by law, 
and its production, distribution, or advertisement is punishable by 
three years' imprisonment. The recruitment of minors for the purpose of 
prostitution (involving a minor in immoral acts) is punishable by a 
sentence of three to five years, although the presence of such 
aggravating factors as violence could increase the potential sentence 
to five to eight years. During the year the Ministry of Internal 
Affairs reported one count involving the illegal distribution of 
pornographic materials and two involving the recruitment of minors for 
prostitution.

    Displaced Children.--A large number of refugee and IDP children 
lived in substandard conditions. In some cases these children were 
unable to attend school. During the year the government reported that 
it spent 320-400 million manat ($400-$500 million) on assistance to 
IDPs, primarily for housing, health care, and education. The government 
stated that it spent 3.6 billion manat ($4.5 billion) on assistance to 
IDPs during the previous five years.

    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 credible reports of anti-Semitic acts 
against the country's Jewish community, which numbered between 15,000 
and 20,000 individuals.

    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, but the government did not enforce 
these provisions effectively. Employment discrimination remained a 
problem. A common belief persisted that children with disabilities were 
ill and needed to be separated from other children and 
institutionalized. Several international and local NGOs developed 
educational campaigns to change social perceptions and reintegrate 
disabled children.
    There were no laws mandating access to public or other buildings, 
information, or communications for persons with disabilities, and most 
buildings were not accessible.
    Care in facilities for persons with mental and other disabilities 
varied; some provided adequate care, while in others, qualified 
caregivers, equipment, and supplies were inadequate to maintain 
sanitary conditions and provide a proper diet.
    The Ministries of Health and Labor and Social Welfare are 
responsible for protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--Some of the approximately 
20,000 to 30,000 citizens of Armenian descent living in the country 
historically complained of discrimination in employment, housing, and 
the provision of social services. Citizens who were ethnic Armenians 
often concealed their ethnicity by legally changing the ethnic 
designation in their passports. There were no reports of violence 
against Armenians during the year.
    Some groups reported sporadic incidents of discrimination, 
restrictions on their ability to teach in their native languages, and 
harassment by local authorities. These groups included Talysh in the 
south, Lezghi in the north, Meskhetian Turks, and Kurds displaced from 
the regions controlled by Armenia-supported Nagorno-Karabakh 
separatists.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Numerous incidents of police 
brutality against individuals based on sexual orientation occurred, 
according to a local NGO. Authorities did not investigate or punish 
those responsible for such acts, and victims often were unwilling to 
file complaints due to fear of social stigma. A local NGO reported 80 
police raids directed at the lesbian, gay, bisexual and transgender 
(LGBT) community during the year.
    Members of the LGBT community continued to refuse to lodge formal 
complaints with law enforcement bodies out of fear of reprisal or 
retaliatory persecution.
    One NGO worked on LGBT issues in the country. This NGO worked to 
prevent the spread of HIV/AIDS and provided legal advice, psychological 
assistance, and outreach activities. The NGO reported no official 
harassment of its work. There were no attempts to organize gay pride 
marches during the year, but there was a small private gathering on May 
17 to commemorate the International Day Against Homophobia.
    There was societal prejudice against LGBT persons. While dismissing 
an employee for reasons related to sexual orientation is illegal, LGBT 
individuals reported that employers found other reasons to dismiss 
them. Discrimination in access to health care was also a problem. LGBT 
persons reported that police often broke up their gatherings and 
blackmailed them into giving the police money.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discriminations against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for freedom of association, including the right to 
form labor unions. Uniformed military and police are prohibited from 
joining unions. The law also prohibits managerial staff from joining 
unions, but managers in government industries often had union dues 
automatically deducted from their paychecks. The law allows unions to 
conduct their activities without government interference. The law 
provides most workers with the right to strike. Categories of workers 
prohibited from striking include high-ranking executive and legislative 
officials; law enforcement officers; court employees; fire fighters; 
and health, electric power, water supply, telephone, railway, and air 
traffic control workers. Striking workers who disrupt public 
transportation could be sentenced to up to three years in prison. The 
law prohibits retribution against strikers, such as dismissal or 
replacement. The law provides workers with the right to bargain 
collectively; however, unions could not effectively negotiate wage 
levels and working conditions because government-appointed boards ran 
major state-owned firms and set wages for all government employees. The 
law does not prohibit trade unions from carrying out political 
activities. Restrictions on trade unions' associating with or receiving 
finances from political parties exist, although this provision was not 
uniformly enforced.
    Although the labor law applied to all workers and enterprises, the 
government could negotiate bilateral agreements that effectively 
exempted multinational enterprises from national labor laws. For 
example, production-sharing agreements (PSAs) between the government 
and multinational energy enterprises did not provide for employee 
participation in a trade union. Labor organizations and local NGOs 
reported that some of these companies discouraged employees from 
forming unions, and most employees of multinational enterprises 
operating under PSAs were not union members, although there were 
exceptions. Workers employed by British Petroleum were unionized, but 
the situation was worse in other multinational corporations, especially 
companies with third-country subcontractors.
    The Azerbaijani Trade Union Confederation (ATUC) is the only trade 
union confederation in the country. Although ATUC was registered as an 
independent organization, some workers considered it closely aligned 
with the government.
    In practice there were some restrictions on the right to form 
unions and conduct union activities. Most unions were not independent. 
The overwhelming majority of them remained tightly linked to the 
government, with the exception of some journalists' unions. Both local 
and international NGOs claimed that workers in most industries were 
largely unaware of their rights and afraid of retribution if they 
initiated complaints. This was especially true for workers in the 
public sector.
    Collective bargaining agreements were often treated as formalities 
and not enforced. ATUC reported that at the start of the year it 
represented 1,600,000 members in 26 spheres. ATUC only has access to 
those organizations that are members. If a firm is not a member of 
ATUC, responsibility falls to the Ministry of Labor and Social 
Protection. During the year ATUC stated that it helped 235 persons 
appeal their dismissal from work, including 87 from a private oil 
company. In addition 109 organizations joined ATUC and 171 left it, the 
latter because they went out of business. During the year ATUC received 
approximately 159,000 appeals and resolved 109,000. Each year ATUC 
signs a tripartite agreement with the Council of Ministers and the 
Confederation of Enterprises. Many of the state-owned enterprises that 
dominated the formal economy withheld union dues from workers' pay but 
did not deliver the dues to the unions. A quarter of the dues collected 
for the oil workers' union were officially withheld by employers for 
``administrative costs'' associated with running the union. Moreover, a 
complete lack of transparency made it impossible to tell exactly how 
dues were spent. Unions and their members had no recourse to 
investigate withheld funds.
    Membership in the Union of Oil and Gas Industry Workers remained 
mandatory for the State Oil Company's 65,000 workers, whose union dues 
(2 percent of each worker's salary) were automatically deducted from 
their paychecks.
    There were reports of antiunion discrimination by foreign companies 
operating in Baku. For example, ATUC reported that management at 
McDonalds actively discouraged its workforce of 140 employees from 
unionizing. ATUC stated that court cases over such discrimination 
continued. Labor NGOs reported that multinational energy companies and 
their subcontractors often discouraged union membership by their 
employees. For many multinational companies, the absence of union 
membership rights in the PSAs facilitated this behavior.

    b. Prohibition of Forced or Compulsory Labor.--The constitution and 
law prohibit forced or compulsory labor, except in circumstances of war 
or in the execution of a court's decision under the supervision of a 
government agency.
    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 exploitation in the 
workplace and from work that is dangerous to their health. There were 
few complaints of abuses of child labor laws. Two local NGOs stated 
that the drastic decline in cotton production reduced the number of 
children working in this sector. In addition the government, 
accompanied by an NGO, investigated and found no children working in 
the cotton fields. Children were reportedly trafficked for begging.
    The minimum age for employment depended on the type of work. In 
most instances the law permits children to work from age 15; children 
age 14 may work in family businesses or, with parental consent, in 
daytime after-school jobs that pose no hazard to their health. Children 
under 16 may not work more than 24 hours per week; children between the 
ages of 16 and 17 may not work more than 36 hours per week. The law 
prohibits employing children under 18 in difficult and hazardous work 
conditions and identifies specific work and industries from which 
children are barred, including work with toxic substances and 
underground, at night, in mines, in night clubs, bars, casinos or other 
businesses that serve alcohol. The Ministry of Labor and Social 
Security is responsible for enforcing child labor laws. The unit 
responsible was working on becoming more effective.

    d. Acceptable Conditions of Work.--The government raised the 
national minimum wage to 93.50 manat ($117) per month on December 1. 
The government defined the 2011 poverty line, on average, to be 95 
manat per month ($119), adjusting the level for certain categories to 
102 manat ($128) for able-bodied persons, 72 manat ($90) for 
pensioners, and 76 manat ($95) per child.
    The law provides for a 40-hour workweek; the maximum daily work 
shift is 12 hours. Workers in hazardous occupations may not work more 
than 36 hours per week. The law requires lunch and rest periods, which 
are determined by labor contracts and collective agreements. It was not 
known whether local companies provided the legally required premium 
compensation for overtime, although international companies generally 
did. There was no prohibition on excessive compulsory overtime. 
However, most individuals worked part-time in the informal economy, 
where the government did not enforce contracts or labor laws.
    The law provides equal rights to foreign and domestic workers. 
However, local human rights groups, including the Oil Workers Rights 
Defense Council, maintained that employers, particularly foreign oil 
companies, did not always treat foreign and domestic workers equally. 
Domestic employees of foreign oil companies often received lower pay 
and worked without contracts or health care.
    While the law sets health and safety standards, government 
inspection of working conditions was weak and ineffective, and 
standards were widely ignored. ATUC monitored compliance with labor and 
trade regulations, including safety and health conditions. The Ministry 
of Labor Inspectorate reported conducting 4,657 inspections during the 
year.
    According to the Oil Workers Rights Defense Council, an NGO 
dedicated to protecting worker rights in the oil sector, during the 
year there were 23 deaths (an increase from 10 in 2010) and 22 
complaints of on-the-job injuries. There were also complaints of 
failure to pay allowances.
    ATUC reported that industrial deaths totaled 97 during the year, 
with 26 of them in construction. Only one of the 26 construction deaths 
occurred in an ATUC-affiliated construction firm. Of the 97 workers 
killed, 37 were employed as ATUC members.

                               __________

                                BELARUS

                           EXECUTIVE SUMMARY

    Belarus is an authoritarian state. The country's constitution 
provides for a directly elected president, who is chief of state, and a 
bicameral parliament, the national assembly. A prime minister appointed 
by the president is the nominal head of government. In practice, 
however, power is concentrated in the presidency. Since his election as 
president in 1994, Alyaksandr Lukashenka has consolidated his power 
over all institutions and undermined the rule of law through 
authoritarian means, including manipulated elections and arbitrary 
decrees. Subsequent presidential elections, including the one held in 
December 2010, were neither free nor fair and fell well short of 
meeting international standards. The 2008 parliamentary elections also 
failed to meet international standards. Security forces reported to 
civilian authorities and to Lukashenka in particular.
    The most significant human rights problems continued to be the 
inability of citizens to change their government; a system bereft of 
checks and balances in which authorities committed frequent, serious 
abuses; and the government's politically motivated imprisonments of 
hundreds of people during the year. Additionally, the government failed 
to account for past politically motivated disappearances.
    Other human rights problems included abuses by security forces, 
which beat detainees and protesters, used excessive force to disperse 
peaceful demonstrators, and reportedly used torture and/or maltreatment 
during investigations and in prisons. Prison conditions remained 
extremely poor. Authorities arbitrarily arrested, detained, and 
imprisoned citizens for criticizing officials, for participating in 
demonstrations, and for other political reasons. The judiciary lacked 
independence, and suffered from inefficiency and political 
interference; trial outcomes often were predetermined, and many trials 
were conducted behind closed doors or in absentia. Authorities 
continued to infringe on citizens' privacy rights. The government 
further restricted civil liberties, including freedom of speech, press, 
assembly, association, religion, and movement. The government seized 
printed materials from civil society activists and prevented 
independent media from disseminating information and materials. The 
government continued to hinder or prevent the activities of some 
religious groups, at times fining them or restricting their services. 
Authorities harassed human rights groups, nongovernmental organizations 
(NGOs), and political parties, refusing to register many and then 
threatening them with criminal prosecution for operating without 
registration. Official corruption in all branches of government 
remained a problem. Violence and discrimination against women were 
problems, as was violence against children. Trafficking in persons 
remained a significant problem. There was discrimination against 
persons with disabilities, Roma, ethnic and sexual minorities, persons 
with HIV/AIDS, and those who sought to use the Belarusian language. 
Authorities harassed and at times dismissed members of independent 
unions, severely limiting the ability of workers to form and join 
independent trade unions and to organize and bargain collectively.
    Authorities at all levels operated with impunity, and failed to 
take steps to prosecute or punish officials in the government or 
security forces 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 were no 
reports during the year that the government or its agents committed 
arbitrary or unlawful killings.

    b. Disappearance.--The prosecutor general again extended the 11-
year investigation into the 1999 disappearance of former interior 
minister and opposition leader Yury Zakharanka. There were no 
developments in the continuing investigations into the 2000 
disappearance of journalist Zmitser Zavadski, and the 1999 
disappearances of opposition activist Viktar Hanchar and businessman 
Anatol Krasouski. There was evidence of government involvement in these 
cases, but authorities continued to deny any connection with the 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, the Committee 
for State Security (KGB), riot police, and other security forces 
continued to beat detainees and demonstrators routinely. Security 
forces also reportedly used torture during investigations. During 
arrests police frequently beat individuals as well as persons detained 
for organizing or participating in demonstrations and other opposition 
activities. In June and July dozens of participants in nationwide 
``silent'' demonstrations reported that unidentified plainclothesmen 
who were supposedly security or police officers brutally beat them 
either during their arrest or in minivans and buses without license 
plates, or while in detention. For example, on July 6 in Brest, police 
severely beat demonstrators; one person sustained a broken finger and 
fractured ribs.
    On December 19, unidentified individuals believed to be from the 
KGB arrested three female Ukrainian activists protesting election fraud 
in Minsk. The activists reported that they were abducted, taken to a 
forest, forced to disrobe, doused with gasoline, and threatened with 
immolation. They were found by local residents at a remote village near 
the Ukrainian border, treated at a local hospital, and returned to 
Ukraine.
    In December 2010 police used physical force and violence to break 
up crowds of peaceful demonstrators following presidential elections; 
many were beaten and more than 700 persons were detained, including 
seven opposition presidential candidates. Scores of demonstrators and a 
small number of police officers were injured. Before the polls closed, 
police stopped a group of protesters led by presidential candidate 
Uladzimir Nyaklyaeu and a van carrying a sound system for the 
demonstration. A group of unidentified men in black uniforms believed 
to be special forces tossed stun grenades at the group. They beat 
Nyaklyaeu in the attack and seized the sound equipment. Supporters took 
him to a hospital for treatment, but unidentified men later abducted 
him from his hospital bed and held at the KGB detention center. On 
January 26, Internal Affairs Minister Anatol Kulyashou claimed that 
police officers were not involved in attack and beating of Nyaklyaeu, 
his supporters, and foreign journalists. On August 10, the Prosecutor 
General's Office notified Nyaklyaeu that the government would not open 
a criminal investigation into his beating.
    Human rights advocates, opposition leaders, and activists released 
from detention facilities continued to report torture and other forms 
of physical and psychological abuse of suspects during criminal and 
administrative investigations. For example, shortly after his release 
from the KGB detention center on February 28, former presidential 
candidate Ales Mikhalevich claimed that, as a condition of his release, 
authorities forced him to sign a statement that he would assist the 
KGB. Mikhalevich said that unidentified officers wearing black masks 
dragged him from his cell, handcuffed him, twisted his arms, bent him 
to the floor, and forced him to remain in uncomfortable positions for 
long periods of time.
    According to Mikhalevich, KGB guards undressed prisoners and 
searched their cells, while prisoners were forced to remain in a cold 
room and do physical exercises. Authorities deprived prisoners of sleep 
and placed them in unventilated cells in which the floors had been 
freshly painted with acetone-based paint. KGB officers threatened 
Mikhalevich with further physical abuse against him and his family if 
he complained about these conditions. Other political prisoners, 
including Uladzimir Kobets, Alyaksandr Atroschankau, and Andrei 
Sannikau, echoed Mikhalevich's description of detention center 
conditions. On April 4, the Prosecutor General's Office refused to 
launch a criminal investigation into Mikhalevich's claims of torture, 
stating that the claims were unfounded and constituted ``false 
denunciations.'' On September 16, the Military Prosecutor's Office 
turned down Sannikau's request to investigate his claims of torture, 
citing a lack of evidence.
    Authorities also targeted lower-profile opposition activists, who 
were charged and convicted of participating in mass disturbances during 
the December 2010 demonstration. They subjected the activists to 
violence, psychological pressure, and other forms of intimidation to 
force them into testifying against the opposition presidential 
candidates. The Belarusian Helsinki Committee (BHC), a local human 
rights group, documented a police practice of charging individuals as 
accomplices in certain crimes in order to induce them to implicate 
others, then dropping the charges and forcing them to serve as 
prosecution witnesses. Women detained in the December 2010 protests 
reported that authorities threatened them with rape while in custody. 
Many of those who were ultimately charged with criminal behavior were 
detained for the maximum 10 days without charge, permitting authorities 
to put pressure on them by denying them visits, receipt of medicines, 
and food from their families.
    The hazing of new army recruits, including beatings and other forms 
of physical and psychological abuse, continued; however, the situation 
improved somewhat as the government increased its prosecution of 
offenders. On May 16, the Prosecutor General's Office stated that 
military leaders and prosecutors were taking ``effective measures'' to 
prevent deaths, injuries, and incidents of hazing in the army. 
Prosecutors claimed that in 2010 there were no reports of hazing deaths 
or assaults causing severe bodily harm. They reported that the number 
of incidents of assault and battery decreased 33 percent and injuries 
among servicemen decreased 21 percent between 2009 and 2010.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions remained poor and in many cases posed threats to life 
and health. There were shortages of food, medicine, warm clothing, and 
bedding and inadequate access to basic or emergency medical care and 
clean drinking water. Ventilation in cells and overall sanitation were 
poor, and authorities failed to provide conditions necessary for 
maintaining proper personal hygiene. Prisoners frequently complained of 
malnutrition and low-quality uniforms and bedding. Some former 
political prisoners reported psychological abuse and being forced to 
share a cell with violent criminals. The law permits family and friends 
to bring detainees food and hygiene products and to send them parcels 
by mail, but in many cases authorities did not adhere to the law.
    Former prisoners reported that access to medical care was severely 
limited and frequently provided by under-qualified medical personnel 
and the results of medical check-ups were often fabricated. As a result 
of these conditions, tuberculosis, pneumonia, HIV/AIDS, and other 
communicable diseases were widespread in prisons. According to domestic 
human rights groups, the rate of tuberculosis infection in prisons was 
seven times the national average. The Ministry of Internal Affairs 
reported that, out of approximately 50,000 inmates nationwide, 1,170 
suffered from active tuberculosis. The death rate from tuberculosis 
among inmates was 1.3 times the national average. According to NGOs, 
authorities continued their practice of isolating certain prisoners--
particularly inmates with HIV/AIDS and foreign citizens. According to 
official data, at the end of 2010 there were 1,098 inmates with HIV/
AIDS, accounting for 15 percent of the total number of persons with 
HIV/AIDS in the country.
    In March members of the public monitoring commission under the 
Justice Ministry visited a prison in Vorsha and reported that the 
prison was 500 inmates above capacity. Commission official Tatsyana 
Krauchanka said that, despite the overcrowding, prison conditions were 
``not bad.'' She claimed that the commission visited different prisons 
once a quarter and paid special attention to inmates' complaints 
regarding their conditions, although in most cases such complaints were 
dismissed as illegitimate. She concluded that prisons were not ``a 
resort'' and generally conditions were ``good.''
    At a press conference on April 20, Deputy Prosecutor General 
Alyaksei Stuk admitted that prisons and detention centers were 
overcrowded and conditions at times failed to meet legal norms. Stuk 
cited the failure to conform to space standards per inmate and a 
shortage of rooms for private visits as two examples. Officials also 
admitted that prison facilities were short of medical personnel, 
equipment, and medicines but claimed that all prisoners received 
sufficient medical care. He dismissed reports that the situation with 
tuberculosis was ``alarming,'' although he admitted that rates of 
infection in certain prisons were higher than the nationwide average. 
In the Mahilyou region, local prosecutors reported in April that while 
80 percent of prisons were overcrowded, prison administrations failed 
to provide adequate medical assistance to inmates only in isolated 
instances.
    In August authorities reported that of the 50,000 inmates held 
nationwide, approximately 38,000 persons were in prisons and 7,380 were 
in pretrial detention facilities. Approximately 4,500 other persons 
were held in a form of internal exile known as ``khimiya.'' Persons 
sentenced to khimiya were allowed to work outside of detention 
facilities but were required to return to prison barracks where they 
lived under strict conditions and supervision.
    According to NGOs and former prisoners, authorities routinely 
abused prisoners. Former prisoners credibly reported that their 
complaints to higher authorities were often censored or not forwarded 
by prison officials, and that prison administrators either ignored or 
selectively considered requests for investigation of alleged abuses. 
Complaints could result in retaliation against prisoners who spoke out, 
including humiliation, death threats, or other forms of punishment. For 
example, in August a former prisoner at the Hlybokae high security 
prison stated that guards beat and abused inmates after prisoners 
complained about their conditions and sought a meeting with the 
prosecutor general. Two prisoners began a hunger strike. The Internal 
Affairs Ministry dismissed as false the reports of disturbances at 
Hlybokae prison. On October 20, the Vitsyebsk regional prosecutor 
reported that a probe into the beatings established that use of force 
against inmates was justified ``to restore order'' in jail after 
inmates put forward ``illegitimate demands'' and injured themselves.
    Prisoners and detainees had limited access to visitors, and denial 
of meetings with families was a common punishment for disciplinary 
violations. Political prisoners were often denied meetings with 
families as a means of pressure and intimidation. For example, 
political prisoner and former presidential candidate Dzmitry Uss' 
scheduled three-day visit with his wife in September was unexpectedly 
shortened to one day.
    Credible sources maintained that prison administrations turned 
other inmates against political prisoners for purposes of intimidation 
and to compel confessions. They also reported that authorities neither 
explained nor protected their legal rights and penalized inmates for 
any minor violation of the ``internal regime.'' For example, on June 
17, Mikita Likhavid, convicted of participating in postelection 
demonstrations, was placed in solitary confinement for the fourth time 
in 40 days. The harsh conditions in solitary confinement reportedly 
included denial of bedding, lack of time outdoors, and sleep 
deprivation. Authorities refused to provide warm clothing, despite the 
frequently low temperatures in the cells.
    On September 16, independent media reported that the U.N. Committee 
on the Elimination of Discrimination against Women upheld a complaint 
by opposition activist Inha Abramava regarding conditions at a 
detention center in Brest. She filed an individual complaint in 2008 
after local courts rejected her complaints regarding discriminatory 
conditions at the detention center that had only men on its staff. She 
claimed that she was subject to sexual harassment by guards who also 
attempted to incite violent inmates against her.
    Although the law provides for freedom of religion, and there were 
no reports of egregious infringements, prisoners generally were 
prevented from holding religious services and performing rituals that 
did not comply with prison regulations. Zmitser Dashkevich, a Malady 
Front leader preemptively detained a day before the December 19, 2010 
elections and later convicted on politically motivated charges, told 
his lawyer that prison administration officials forbade him to have the 
Bible and forced him to speak Russian instead of Belarusian in response 
to commands from prison guards.
    Corruption in prisons was a serious problem, and observers noted 
that the outcome of parole applications often depended on bribes to 
prison personnel.
    While authorities claimed to conduct periodic investigations and 
monitoring of prison and detention center conditions, human rights 
groups asserted that such inspections--even if they did occur--lacked 
any credibility. There was no ombudsman who could serve on behalf of 
prisoners and detainees; human rights advocates who were not members of 
state-controlled bar associations had no access to prisoners and 
detainees, and could not provide them with legal counsel.
    Authorities did not permit independent monitoring of penal 
institutions. Despite numerous requests to the Ministries of Internal 
Affairs and Justice, government officials continued to refuse to meet 
with human rights advocates or approve requests to visit detention 
facilities. There were no reports during the year of independent 
monitoring of prison conditions by domestic or international human 
rights groups, independent media, or the International Committee of the 
Red Cross.

    d. Arbitrary Arrest or Detention.--The law limits arbitrary 
detention; however, the government did not respect these limits in 
practice. Authorities continued to arrest individuals for political 
reasons and to use administrative measures to detain political 
activists before, during, and after protests.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs exercises authority over the police, but the KGB, the 
financial investigations department under the State Control Committee, 
and the presidential security services also exercise police functions. 
The president also has the authority to subordinate all security bodies 
to his personal command. Impunity among law enforcement personnel 
remained a serious problem. Individuals have the right to report police 
abuse to a prosecutor; however, the government often did not 
investigate reported abuses or hold perpetrators accountable.

    Arrest Procedures and Treatment While in Detention.--By law police 
must request permission from a prosecutor to detain a person in excess 
of three hours; in practice these procedures were usually ignored, and 
police routinely detained and arrested individuals without warrants. 
Authorities may hold a criminal suspect for up to 10 days without 
filing formal charges and for up to 18 months after filing charges. 
Under the law prosecutors, investigators, and security service agencies 
have the authority to extend detention without consulting a judge. 
Detainees have the right to petition the legality of their detention, 
but in practice appeals by suspects for a court review of their 
detention frequently were suppressed or ignored.

    Arbitrary Arrest.--During the year authorities routinely detained 
or arrested hundreds of individuals, including opposition figures, 
members of the independent media, social media activists, and civil 
society activists, for reasons widely considered to be politically 
motivated.
    For example, during the June-September ``silent'' demonstrations 
organized via Internet, police detained more than 2,000 persons for 
participating in an unsanctioned demonstration and sentenced them to 
large fines or up to 15 days of administrative detention. People were 
arrested for little more than walking or clapping their hands.
    On October 6, police arbitrarily detained prominent sociologist and 
independent pollster Aleh Manayeu for three hours to impede his 
presentation of polling results to the Minsk diplomatic corps. At a 
press conference on October 7, Lukashenka stated that police 
apprehended Manayeu over alleged possession of drugs; however, he 
subsequently was released without charge.
    On October 8, opposition and trade union leaders staged rallies 
called ``people's assemblies'' across the country to protest the 
government's ineffective economic policies. Prior to the event police 
detained and warned a number of activists against participating in 
unsanctioned rallies. On October 13, police detained Viktar 
Ivashkevich, the main organizer of the assemblies. Following a seven-
hour hearing, a Minsk district court fined him 1.4 million rubles 
($169) for violating mass events regulations.

    Pretrial Detention.--Authorities may hold a criminal suspect for up 
to 10 days without filing formal charges. Prior to being charged, the 
law provides detainees with no access to their families or to food and 
medical supplies from outside the detention facility. In an effort to 
maximize pressure on such detainees, police routinely held persons for 
the full 10-day period before charging them.
    Police often detained individuals for several hours, ostensibly to 
confirm their identity, and then released them without charges. Police 
and security forces frequently used this tactic to detain members of 
the opposition and demonstrators, to prevent the distribution of 
leaflets and newspapers, or as a pretext to break up civil society 
meetings and events.
    Following the December 2010 demonstrations, authorities detained a 
number of leading supporters of opposition parties, including seven 
presidential candidates. Five candidates subsequently were charged with 
and convicted of ``organizing and leading mass disturbances'' or other 
charges. Authorities delayed pressing charges for the maximum legal 
period of 10 days. A number initially were denied access to their 
lawyers on the pretext that no rooms were available for such 
consultations.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, Lukashenka and his government did not 
respect judicial independence in practice. Corruption, inefficiency, 
and political interference with judicial decisions were widespread. 
Prosecutors and courts convicted individuals on false and politically 
motivated charges, and senior leaders and local authorities dictated 
the outcomes of trials.
    According to the latest available report by a U.N. special 
rapporteur, prosecutors wield ``excessive and imbalanced'' authority 
because they may extend detention without the permission of judges. The 
2006 report also noted an imbalance of power between the prosecution 
and the defense. Defense lawyers were unable to examine investigation 
files, be present during investigations and interrogations, or examine 
evidence against defendants until a prosecutor formally brought the 
case to court. Lawyers found it difficult to challenge some evidence 
because technical expertise was under the control of the Prosecutor's 
Office. According to many defense attorneys, these imbalances of power 
persisted throughout the year, especially in politically motivated 
criminal and administrative cases. In very few cases during the year 
were criminal defendants exonerated.
    By presidential decree bar associations are independent; however, 
in practice they remained subordinate to the Ministry of Justice. 
Lawyers must be licensed by the ministry, are required to work in 
regional bar associations, and must renew their licenses every five 
years. The law prohibits attorneys from engaging in private practice, 
although private legal companies are allowed to provide legal 
assistance and advice to private companies and represent their clients 
in economic courts.
    During the year authorities revoked the licenses of at least nine 
attorneys who represented prominent opposition leaders, civil society 
activists, and independent journalists arrested on or after December 
19, 2010, for activities related to the defense of their clients. In a 
notice posted on its Web site in January, the Justice Ministry charged 
that ``certain lawyers'' who were defending individuals facing criminal 
charges, including the presidential candidates, were committing ``gross 
violations'' of the rules of professional ethics for lawyers as well as 
of the country's laws. The ministry accused the lawyers of distorting 
information about the investigations of their clients, their state of 
health, and their conditions of detention. Subsequently, the ministry 
announced that all licensed lawyers, excluding junior staff, had to 
pass extraordinary performance reviews to renew their licenses. As a 
result of this review, attorneys defending key presidential candidates 
and activists were disbarred. On January 4, a lawyer in Hrodna lost her 
license for participating in postelection demonstrations. The BHC 
reported that additional lawyers engaged to defend arrested activists 
were suspended for indefinite periods. On October 22, authorities 
removed Alyaksandr Pylchanka, the head of the Minsk city bar 
association, who openly spoke against debarring lawyers and said that 
the situation threatened the independence of the bar.

    Trial Procedures.--The law provides for the presumption of 
innocence. However, because of the lack of judicial independence and 
government use of official media to report on trials, and also due to 
practices that limit a defendant's right to self-defense in court, the 
burden of proof was in practice frequently on defendants.
    The law also provides for public trials; however, trials 
occasionally were closed and frequently were held in judges' offices, 
where attendance was severely limited. Judges adjudicate all trials; 
there is no system of trial by jury. For the most serious cases, in a 
throwback to the Soviet past, two civilian advisers assist a judge.
    Government-controlled media frequently conducted propaganda 
campaigns declaring the guilt of suspects prior to trial and revealing 
alleged materials from ongoing investigations designed to demonstrate 
further the ``guilt'' of persons awaiting trial. For example, in 
January following the postelection demonstrations in December 2010, 
state television broadcast a documentary called The Square: When Metal 
Hits Glass, which purported to demonstrate that leading members of the 
opposition had plotted a violent coup with help from abroad. The 
documentary also claimed that Uladzimir Nyaklyaeu was attacked by 
rivals within the opposition, rather than by security forces. On 
January 14, the government-run newspaper Sovietskaya Bielorussiya 
published an article purporting to reveal documents demonstrating that 
leaders of the opposition were plotting to overthrow the government 
with support from abroad.
    The law provides defendants the right to attend proceedings, to 
confront witnesses, and to present evidence on their own behalf; 
however, in practice authorities did not always respect these rights. 
During the year numerous opposition politicians and NGO leaders were 
tried and convicted without being permitted to be present at their 
trials. For example, a Minsk district court notified a Mahilyou-based 
opposition activist on January 13 that she had been fined 1.05 million 
rubles ($127) in absentia for her participation in the December 2010 
postelection demonstrations. On September 7, a court in Horki sentenced 
Malady Front activist Ivan Shyla in absentia to 20 days' imprisonment 
for demonstrating in front of a prison on August 2 in support of his 
detained associate, Zmitser Dashkevich.
    The law provides for access to legal counsel for detainees and 
requires that courts appoint a lawyer for those who cannot afford one; 
however, at times some detainees were denied access to a lawyer and at 
other times, to a Belarusian-language interpreter if they requested 
hearings in that language. Most judges and prosecutors were not fluent 
in Belarusian and rejected motions for interpreters. The law provides 
for the right to choose legal representation freely; however, a 
presidential decree prohibits NGO members who are lawyers by training 
from representing individuals other than members of their organizations 
in court. The government's disbarment of at least nine attorneys who 
represented political opponents of the regime limited defendants' 
choice of counsel in high-profile political cases.
    Those charged in connection with the December 2010 demonstrations 
had very limited access to lawyers, and authorities did not allow any 
of the detainees to meet in private with their lawyers at holding 
facilities. Some lawyers openly stated that authorities obstructed 
their seeing clients. For example, attorney Tamara Sidarenka, who 
represented presidential candidate Uladzimir Nyaklyaeu, was allowed 
only two visits with her client over the course of 50 days. She 
reported that lawyers were required to wait in line outside of the KGB 
detention center and often were sent away after being told that no 
meetings rooms were available.
    Courts often allowed information obtained by use of force and 
threats of bodily harm during interrogations to be used against 
defendants.
    Defendants have the right to appeal court decisions, and most 
defendants did so. However, appeals courts upheld the verdicts of the 
lower ones in the vast majority of cases, including in all criminal 
cases in connection with postelection demonstrations.
    Between March and May, more than 50 opposition leaders, including 
six 2010 presidential candidates, their aides and campaign staffers, 
activists, and independent journalists were put on trial or faced 
charges for allegedly organizing, leading, or participating in ``mass 
disturbances,'' or in activities that ``violated public order.'' 
Independent observers and human rights advocates concluded that 
prosecutors failed to present any credible evidence of criminal acts by 
the defendants, and guilty verdicts in these politically motivated 
trials were largely based on fabricated testimony by prosecution 
witnesses. Local and international human rights groups alleged that 
authorities orchestrated a ``storming'' of the main government building 
as a pretext for a broader crackdown on civil society, political 
opposition, and independent media. The prosecution's witnesses for all 
trials were approximately 30 police officers who purportedly were 
injured during the demonstrations, although observers noted numerous 
discrepancies in the medical records presented by the officers in 
court. Independent trial observers reported that witnesses gave 
scripted (and nearly identical) testimony at the various trials but 
often failed to appear in court for subsequent hearings, citing illness 
or vacation. Videos shown in court were edited extensively.
    The prosecution overtly pressured low-profile defendants to testify 
against presidential candidates and accuse the candidates of having 
planned and led the riots. During the trials several defendants 
recanted incriminatory statements they previously had made under 
physical duress or threat of torture during police investigations. One 
defendant claimed at trial that investigators promised him the 
investigation against him would be dropped and he would be released if 
he was willing to testify that the presidential candidates had paid him 
to take part in the demonstrations. When he refused, police brought 
criminal charges of participating in mass disturbances against him.
    One of the leading opposition presidential candidates on trial, 
Andrei Sannikau, stated that KGB head Vadzim Zaytsau blackmailed him by 
threatening the lives of his wife and four-year-old son and that 
investigators coerced him to sign scripted statements. At a trial of 
candidate Uladzimir Nyaklyaeu, prosecutors played telephone 
conversations between presidential candidates and their aides that were 
taped during the presidential campaign, months before the 
demonstrations and criminal investigations against the activists. A 
deputy general prosecutor reportedly sanctioned the wiretapping, and 
judges disregarded defense lawyers' motion to hear the taped materials, 
including private conversations, behind closed doors.

    Political Prisoners and Detainees.--During the year authorities 
filed criminal charges against persons from the political opposition, 
human rights and civil society groups, and independent media 
organizations in connection with the large-scale demonstration in Minsk 
on the night of December 19, 2010. Following trials that failed to 
conform to international standards, most of these political prisoners 
were convicted of the crimes of organizing or actively participating in 
``mass disturbances'' or ``activities that severely violated public 
order.'' In many of the cases the authorities did not allow prisoners 
to meet with lawyers, family members, embassies, or prison monitoring 
groups.
    During the year there were 53 political prisoners in Belarus. Of 
these, 46 were convicted and sentenced to imprisonment, partial house 
arrests, large fines, or khimiya. Some were given suspended sentences. 
Charges against six were dropped, and one presidential candidate 
against whom charges were not dropped fled abroad. Later, 25 of those 
convicted were pardoned; many of them faced pressure by authorities to 
sign petitions to be pardoned, while some were simply released. At 
year's end eight political prisoners remained in jail, including two 
presidential candidates, Mikalai Statkevich and Andrei Sannikau. Many 
of those in jail reportedly faced maltreatment and severe pressure.
    All politically motivated trials ended during the year. During 
April and May, 46 activists, including five presidential candidates, 
were convicted, while authorities dropped criminal charges against six 
more activists, including one presidential candidate. Candidate Ales 
Mikhalevich fled the country. Of those convicted, candidate Mikalai 
Statkevich received the longest jail term of six years in high security 
facilities, and two candidates Uladzimir Nyaklyaeu and Vital 
Rymasheuski along with six other activists received suspended sentences 
of up to two years.
    Candidate Andrei Sannikau was sentenced to five years in jail, and 
candidate Dzmitry Uss to five and a half years. Rymasheuski's aide 
Paval Sevyarynets received a sentence of three years of internal exile. 
Most other activists received up to four years in a high security jail. 
Sannikau, Statkevich, Dzmitry Bandarenka (Sannikau's aide), and 
Sevyarynets continued to serve their sentences at year's end. 
Lukashenka pardoned other political prisoners in August-October except 
those who received suspended sentences. Prisoners were often pressured 
to appeal for pardon.
    Authorities also convicted Malady Front leader Zmitser Dashkevich 
and Malady Front activist Eduard Lobau, two opposition youth activists 
preemptively detained on December 18, 2010, on politically motivated 
charges of ``severe hooliganism.'' Human rights groups believed the 
sentences were directly related to the December 19, 2010, postelection 
demonstrations and crackdown. Dashkevich was sentenced to two years and 
Lobau to four. Both remained in jail at year's end.
    On May 27, a court convicted five members of an anarchist group for 
a series of Molotov cocktail attacks on various facilities in Minsk, 
including the Russian embassy compound, the Defense Ministry, the 
offices of state-controlled trade unions, a detention center, and a 
bank. In a similar case in Babruisk on May 18, a court sentenced three 
anarchists who partially admitted their guilt to seven years in prison 
for attacking a local KGB office with Molotov cocktails. During court 
hearings the defendants stated that they were interrogated without 
their lawyers present and coerced into confessions after being 
threatened with lengthy imprisonment and harsher detention conditions. 
Authorities used the investigation as a pretext to detain and 
interrogate a range of individuals, and they reportedly threatened many 
of these persons and their family members with physical abuse in order 
to compel their testimony against the defendants. In court several 
witnesses claimed the KGB forced them to testify against the activists, 
and some witnesses recanted their earlier statements. One witness 
stated that investigators beat him after his arrest and that he spent 
nine days in custody. Leading local human rights groups, including 
Vyasna and the BHC, recognized three anarchist activists sentenced to 
eight, four and a half, and three years in jail as prisoners of 
conscience.
    On August 4, police arrested Ales Byalyatski, chairman of Vyasna, 
one of the country's leading human rights organizations, and charged 
him with ``large-scale concealment of income and tax evasion.'' 
Byalyatski used bank accounts in Lithuania and Poland to channel NGO 
assistance funds to support his organization's efforts and assist 
persons arrested and convicted during the postelection crackdown. 
Authorities considered this money ``income'' because his NGO was 
prohibited by the government from being legally registered. The KGB and 
financial police searched Byalyatski's apartment and summer cottage as 
well as the office housing Vyasna. Authorities also charged 
Byalyatski's deputy, Valyantsin Stephanovich, with tax evasion under 
the civil code. On December 16, a court in Minsk upheld the district 
tax office's suit against Stephanovich and ordered him to pay a total 
of approximately 54.4 million rubles ($6,570) in overdue taxes and 
penalties.
    During the year Vaukavysk entrepreneur and anticorruption activist 
Mikalai Autukhovich remained in prison, having been convicted of 
illegal weapons' possession in 2010. Amnesty International and other 
human rights groups recognized Autukhovich as a political prisoner.

    Civil Judicial Procedures and Remedies.--The law provides that 
individuals can file lawsuits seeking damages for, or cessation of, a 
human rights violation; however, the civil judiciary was not 
independent and was rarely impartial in such matters.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
government did not respect these prohibitions. Authorities used 
wiretapping, video surveillance, and a network of informers to deprive 
persons of privacy to express dissenting political views.
    By law persons who obstruct law enforcement personnel in the 
performance of their duties can be penalized or charged with an 
administrative offense even if the ``duties'' may be perceived as 
illegal. ``Obstruction'' could include any effort to prevent KGB or law 
enforcement officers from entering the premises of a company, 
establishment, or organization; refusing to allow KGB audits; or 
denying or restricting KGB access to information systems and databases.
    The law requires a warrant before, or immediately after, conducting 
a search; however, the KGB and riot police entered homes, conducted 
searches, and read mail without warrants. The KGB has the authority to 
enter any building at any time, as long as it applies for a warrant 
within 24 hours after the entry. There were credible reports that 
government agents covertly entered homes of opposition activists and 
offices of opposition groups and monitored the actions of individuals. 
In numerous instances authorities searched residences and offices for 
apparent political reasons.
    Following the December 2010 postelection protest, authorities 
raided the offices and homes of hundreds of opposition leaders, 
democratic activists, independent journalists, and civil society 
organizations across the country during two months or more. In most 
instances police seized electronic equipment and paper files. For 
example, on January 5, the KGB raided the offices of the BHC and seized 
computers and servers. KGB officers also searched the residence of BHC 
Director Aleh Hulak. On January 14, on the basis of allegations that 
the office was used during Sannikau's presidential campaign, police 
raided the Minsk-based offices of the independent Trade Union of 
Electronic Industry Workers for more than five hours and seized 
computers. On January 19, police raided the offices of the Center for 
Human Rights and seized three computers; the KGB concurrently searched 
the apartment of the center's chairwoman, Raisa Mikhailouskaya.
    Security forces continued to target prominent opposition and civil 
society leaders with arbitrary searches and interrogations at border 
crossings and airports. For example, on July 2, Stanislau Shushkevich, 
leader of the Hramada Social Democratic Party and former head of state, 
and a group of 12 students from the Vilnius-based European Humanities 
University, were taken off a train and detained for more than six hours 
at the Lithuanian border. Border guards detained the students on 
suspicion of drug smuggling, photographed them, and warned against 
participating in unsanctioned protests. Border guards did not give 
Shushkevich any explanation for his detention. All were released 
without charge.
    The law prohibits authorities from intercepting telephone and other 
communications without a prosecutor's order. In practice authorities 
routinely monitored residences, telephones, and computers. Nearly all 
opposition political figures and many prominent members of civil 
society groups reported that authorities monitored their conversations 
and activities.
    The law allows the KGB, Ministry of Internal Affairs, special 
security services, financial intelligence personnel, and certain border 
guard detachments to use wiretaps. Wiretaps require the permission of a 
prosecutor; however, the lack of prosecutorial independence rendered 
this requirement meaningless.
    The Ministry of Communications has the authority to terminate the 
telephone service of persons who violate their telephone contracts, and 
such contracts prohibit the use of telephone services for purposes 
contrary to state interests and public order.
    There were numerous reports that the government employed a number 
of means to coerce young persons, including university students and 
military conscripts, to join the state-funded Belarusian Republican 
Youth Union (BRYU) with a reported membership of 500,000 persons. To 
this end the government reportedly employed a widespread system of BRYU 
civilian patrol squads whose objective was to recruit youths and 
students for various projects around the country in the name of good 
citizenship.
    During the year authorities continued to harass family members of 
NGO leaders and civil society and opposition activists, including 
political prisoners. For example, on January 13, KGB officers prevented 
Milana Mikhalevich, spouse of political prisoner and presidential 
candidate Ales Mikhalevich, from going to Poland for hearings on 
Belarus. They first detained her by conducting a lengthy search of her 
residence and later stopped her vehicle on the way to Warsaw with the 
warning that she was banned from traveling out of the country and would 
be turned away at the border.
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 did not respect these rights in practice 
and enforced numerous laws to control and censor the public and the 
media. Moreover, the all-dominant state press almost exclusively 
propagated views in support of Lukashenka.

    Freedom of Speech.--Individuals could not criticize the government 
publicly or discuss matters of general public interest without fear of 
reprisal. Authorities videotaped political meetings, conducted frequent 
identity checks, and used other forms of intimidation. Wearing masks, 
displaying unregistered flags and symbols, and displaying placards 
bearing messages deemed threatening to the government or public order 
are also prohibited.
    The law also limits free speech by criminalizing actions such as 
giving information to a foreigner about the political, economic, 
social, military, or international situation of the country that 
authorities deem to be false or derogatory.

    Freedom of Press.--The government restricted press freedom and 
censored the media. Authorities warned, fined, detained, interrogated, 
or jailed members of the media and harassed bloggers who publicly 
criticized the government. Under the law the government may close a 
publication after two warnings in one year for violating a range of 
restrictions on speech and the press. In addition regulations give 
authorities arbitrary power to prohibit or censor reporting. The 
Information Ministry can suspend periodicals or newspapers for three 
months without a court ruling. The law also prohibits the media from 
disseminating information on behalf of unregistered political parties, 
trade unions, and NGOs.
    The Information Ministry continued to deny registration to many 
independent media outlets, i.e., privately owned media perceived to be 
publishing information independently of government control. In spite of 
the lack of registration, independent media, including newspapers, 
magazines, and Internet news Web sites, sought to provide objective and 
independent coverage of events. However, they operated under repressive 
media laws, and most faced discriminatory publishing and distribution 
policies.
    State-owned media, which was extremely biased and served as a 
propaganda arm of the regime, dominated the information field and 
maintained the highest circulation through generous subsidies and 
preferences. There is no country-wide private television. The state-
owned postal system, Belposhta, and the state-owned kiosk system, 
Belsayuzdruk, continued to refuse to deliver or sell at least 10 
independent newspapers that covered politics.
    Although authorities continued to allow the circulation of 
Narodnaya Volya and Nasha Niva, two national independent newspapers, 
through state distribution systems, they remained subject to 
restrictions and financial penalties. For example, in January 
Belsayuzdruk refused to increase the number of Nasha Niva copies 
available for sale despite high demand for the newspaper. On July 29, 
the Minsk city economic court fined Nasha Niva 14 million rubles 
($1,690) for receiving two warnings during the year. On August 8, the 
Supreme Economic Court fined the Narodnaya Volya the same amount on 
similar charges.
    International media continued to operate in the country but not 
without interference and prior censorship. Euronews and the Russian 
channels First Channel, NTV, and RTR were generally available, although 
only through paid cable services in many parts of the country. At times 
authorities blocked, censored, or replaced their news programs with 
local programming. Broadcasts from other countries, including Poland 
and Lithuania, could be received in parts of the country, usually along 
the border.
    On May 27, Lukashenka criticized Russian media for helping provoke 
an ``artificial'' economic crisis. On June 13, presidential Chief of 
Staff Uladzimir Makei dismissed what he called speculation about a ban 
on Russian media in the country as ``complete nonsense.'' Conversely, 
Makei charged that Russian authorities disregarded ``flagrant 
violations of Belarusian laws and journalistic code of ethics by a 
number of Russian media outlets.''

    Violence and Harassment.--Authorities continued to routinely 
harass, arrest, and assault journalists.
    Security forces arrested seven members of the Belarusian 
Association of Journalists (BAJ), who later were convicted of 
``participating in mass disturbances'' or organizing activities that 
``violated public order'' as a result of their work on presidential 
campaigns. These included Sannikau spokesman Alyaksandr Atroshchankau, 
sentenced to four years in jail in March and pardoned in September; 
Sannikau aide Zmitser Bandarenka, sentenced to two years in jail; 
Nyaklyaeu aides Alyaksandr Fyaduta and Syarhei Vaznyak, both given two-
year suspended sentences; Rymasheuski aide Paval Sevyarynets, sentenced 
to three years of internal exile; independent journalist and Sannikau's 
wife Iryna Khalip, given a two-year suspended sentence; and editor of 
the Charter97 Internet portal Natallya Radzina, who was charged, 
released from pretrial holding facilities on her own recognizance, and 
fled the country in March. Authorities dropped charges against Radzina 
in August.
    On December 19, 2010, police detained at least 15 local 
journalists, all members of the BAJ, and at least five foreign 
correspondents. Mariya Antonova of Agence France Presse was detained 
overnight. Twenty-two other local and foreign journalists reported 
being the victims of physical violence during the police crackdown. 
These included Michael Schwirtz and James Hill of the New York Times, 
Anton Kharchenko and Victor Filyaev of television channel Russia Today, 
and Hanz Cezarek, a photojournalist for the Austrian Internet-based 
news service news.at. At least 11 local independent journalists were 
jailed for up to 15 days for participating in an unsanctioned 
demonstration.
    In the weeks following the December 2010 crackdown, authorities 
raided offices of media organizations, including the Minsk office of 
Poland-based European Radio for Belarus (ERB), the Minsk office of 
Poland-based Belsat TV, and Nasha Niva. Security forces also raided the 
residences of at least 12 journalists in search of videos, photographs, 
or printed materials related to postelection demonstrations. During 
their search of the ERB offices, police removed all employees from the 
premises and then seized more than 50 pieces of office and studio 
equipment, leaving little but tables and chairs behind. In anticipation 
of the raid, Belsat staff had vacated their premises several days 
earlier. Between December 19, 2010, and late February, police seized at 
least 114 pieces of office and studio equipment from media outlets and 
independent journalists around the country.
    On January 26, Internal Affairs Minister Anatol Kulyashou claimed 
that police raided the homes and offices of journalists in a manner 
consistent with the law and had not used violence against reporters 
during the postelection crackdown. He also claimed that a journalist 
had assaulted a police officer with a video camera.
    Security forces continually hampered efforts of independent 
journalists to cover ``silent'' and other protests in Minsk. During the 
year more than 80 independent journalists were detained for their 
coverage of ``silent'' protests across the country. Thirty journalists 
petitioned the Office of the Prosecutor General to probe the arrests of 
their colleagues during the ``silent'' protests. In response, the 
prosecutor general sent a letter to the interior minister urging him to 
have police comply with the media law, which allows journalists to 
attend and report on public demonstrations. The letter also noted that 
police were entitled to temporarily limit or ban access of individuals, 
including journalists, to some places and even have them leave such 
places for personal and public security reasons. The BAJ welcomed the 
prosecutor general's statement in July that police officers should be 
punished if they impeded journalists covering protests; however, 
according to press reports no sanctions against police followed.
    Routine harassment of journalists was also common. For example, on 
March 25, police detained BelaPAN news agency correspondent Uladzimir 
Laptsevich and BAJ member Dzmitry Salauyou at a Freedom Day 
demonstration. Three days later, a court in Mahilyou convicted the two 
of using obscenities and resisting police orders. Laptsevich was 
sentenced to seven days in jail, and Salauyou received five days. 
Authorities refused Laptsevich's request for trial proceedings to be 
conducted in Belarusian or for an interpreter to be present.
    On June 15, Hrodna-based journalist Ihar Bantsar was jailed for 
five days on charges of minor hooliganism. Police arrested Bantsar just 
outside his home on June 14 to prevent him from attending his associate 
Andrzej Paczobut's court hearing.
    Authorities also harassed and obstructed the work of foreign 
journalists. Following the crackdown on civil society, political 
opposition, and independent media in the wake of the December 2010 
postelection demonstrations, a number of journalists reporting for 
international media were detained, interrogated, searched, and 
threatened with prosecution for their coverage of political events and 
ongoing criminal investigations. For example, on February 16, 
authorities questioned Belsat correspondent Tatsyana Bublikava about 
her cooperation with foreign media. On February 28, the prosecutor 
general issued her a warning that she could face liability for working 
without accreditation.
    On March 28, the Foreign Ministry recalled the newly issued 
accreditation of Russian journalist Aleksandr Lashmankin, editor in 
chief of the Samara-based Svoboda news agency. Authorities detained him 
upon arrival in Vorsha on March 24, and jailed him for three days on 
charges of disorderly conduct. On May 30, police arrested Russian 
``Dozhd'' television channel correspondent Rodion Marinichev after he 
interviewed political prisoner Iryna Khalip. Officers confiscated his 
materials, deported him, and banned him from the country for five 
years.
    On June 27, two BBC journalists were notified by the Belarusian 
embassy in London that their visas were cancelled and they could not 
travel to Belarus despite being accredited by the Foreign Ministry. 
Citing a right not to give an explanation for cancellation, embassy 
officials advised the journalists against applying for visas ``in the 
near future.''

    Censorship or Content Restrictions.--The vast majority of 
publications were forced to exercise self-censorship. The government 
tightly controlled the content of domestic broadcast media. Local 
independent television stations operated in some areas and reported 
local news; however, most were under government pressure to forgo 
reporting on national issues or risk censorship. Authorities frequently 
pressured such stations into sharing materials and cooperating with 
authorities to intimidate local opposition and human rights groups that 
met with foreign diplomats.
    In 2009 Lukashenka again stated that control of radio and 
television stations was a high priority for the government and that 
private stations would not be allowed to operate in the country. He 
dismissed concerns about closing Russian channels. Following the 
December 2010 postelection demonstrations, Lukashenka threatened 
journalists, saying they would be held ``fully responsible for every 
word.''
    In June Minsk authorities discontinued broadcasting Russian popular 
entertainment channel TNT known for satirical and critical jokes about 
Lukashenka.
    Only the state-run radio and the state-run television networks were 
allowed to broadcast nationwide. The government continued to use its 
monopoly of television and radio broadcasting to disseminate its 
version of events and minimize all opposing viewpoints. State 
television apparently coordinated its propaganda documentaries with the 
country's security services, as evidenced by the use of surveillance 
footage and wiretaps transcripts in broadcasts. Authorities banned 
state media and radio from citing works and broadcasting music by 
independent local and well-known foreign musicians, artists, writers, 
and painters who were named on an alleged ``black list.''
    Local authorities frequently warned independent editors and 
journalists to avoid reporting on certain topics and not to criticize 
the government. Authorities harassed bloggers for the same reasons. 
Authorities also warned businesses not to advertise in newspapers that 
criticized the government. As a result independent media outlets 
operated under severe budgetary constraints. During the year the 
Ivatsevichy-based independent newspaper Gazeta Dlia Vas was forced to 
close due to reduced advertising.
    Journalists reporting for international media that gave extensive 
coverage to the country, such as the Warsaw-based independent satellite 
channel Belsat TV and the Polish radio station Radio Racyja, continued 
to receive warnings from the Prosecutor's Office for working without 
accreditation. After enactment of the new media law, authorities sent 
warnings to at least 24 independent journalists.

    Libel Laws/National Security.--Libel is a criminal offense. There 
are large fines and prison sentences of up to four years for defaming 
or insulting the president. Penalties for defamation of character make 
no distinction between private and public persons. A public figure who 
is criticized for poor performance while in office may sue both the 
journalist and the media outlet that disseminated the critical report.
    For example, in April police arrested Andrzej Paczobut on charges 
of slandering and insulting the president. On July 5, a court in Hrodna 
convicted him of slander in a closed-door proceeding and sentenced him 
to a three-year suspended sentence, with two years of probation. He was 
acquitted of the charge of insult. Paczobut also was prohibited from 
leaving the country. On September 20, a higher court rejected his 
appeal.
    In June Lida-based blogger Yauhen Kutsko was fined 700,000 rubles 
($85) after a court convicted him of slandering the then chairman of 
the Lida regional government. Following the publication of the 
offending article on his blog at the end of 2010, Kutsko was dismissed 
from his job and remained unemployed at year's end.
    Authorities also frequently cited national security as grounds for 
censorship of media. On January 12, authorities closed popular 
independent radio station Autoradio, claiming that it broadcast 
``public calls for extremist activities'' by broadcasting legal 
campaign advertisements for presidential candidate Sannikau. 
Autoradio's multiple legal appeals to resume broadcasting were denied.
    After an explosion at a Minsk subway station on April 11, 
authorities issued at least nine warnings to independent journalists 
and media outlets for disseminating ``unfounded information regarding 
the tragic event at the subway'' and ``speculations that discredit the 
Belarusian state and public.'' Nasha Niva and Narodnaya Volya were 
among the warned outlets, and KGB officers interrogated Nasha Niva 
editor in chief Andrei Skurko on April 18 and forced the newspaper to 
remove a video of the explosion site from the newspaper's Web site.

    Publishing Restrictions.--The government took numerous actions 
during the year to limit the independent press, including limiting 
access to newsprint and raising the cost of printing presses. Several 
independent newspapers, including Vitsyebski Kuryer and Tavarysch, 
printed materials in Russia because domestic printing presses (almost 
all of which were state-owned) refused to print them. Tavarysch 
subsequently was forced to suspend publication due to financial 
constraints. Both newspapers remained out of circulation in the country 
at year's end. Other independent newspapers, such as Salidarnasc, BDG, 
and Bobruysky Kuryer, disseminated Internet-only versions due to 
printing and distribution restrictions.
    Conversely, authorities provided robust support for government-
controlled media. On August 26, authorities pledged that 25 state-owned 
publications would receive more than 400 billion rubles ($48 million) 
in subsidies to cover printing costs, the purchase of paper, and 
salaries for staff. On August 23, Information Minister Aleh 
Pralyaskouski said that state newspapers were more popular ``than so-
called opposition publications and numbers of their subscribers could 
not even be compared.''
    During the year the government confiscated numerous independent and 
opposition newspapers and seized leaflets and other materials deemed to 
have been printed illegally. For example, on March 21, police briefly 
detained distributors of the independent newspaper Novy Chas in central 
Minsk and in Slutsk, confiscating more than 200 copies of the 
newspaper.

    Internet Freedom.--The government continued to restrict access to 
the Internet and actively monitored e-mail and Internet chat rooms. 
While individuals and groups were generally able to engage in the 
peaceful expression of views via the Internet, including by e-mail, all 
who did so risked legal and personal repercussions. Opposition 
activists faced the likelihood that their e-mails and other Web-based 
communications would be monitored.
    The authorities monitored Internet traffic. By law the 
telecommunications monopoly, Beltelekam, and other organizations 
authorized by the government have the exclusive right to maintain 
Internet domains.
    In July 2010 Lukashenka issued an edict that requires registration 
of service providers and Internet Web sites, establishes restrictions 
on access to sites containing ``extremist activity'' (which many 
activists believed could be interpreted to include government 
opponents), and requires the collection of information on users at 
Internet cafes. It requires service providers to store data on the 
Internet use of individuals for a year and to provide that information 
to law enforcement agencies upon their request.
    The edict restricts access to Web sites whose content includes 
``extremist activities''; materials related to illicit weapons, 
explosives, and drugs; trafficking in persons; pornography; and 
promotion of violence. It requires service providers to eliminate 
access to these subject areas from government offices, educational 
facilities, and cultural institutions if ordered to do so by the KGB, 
prosecutor general, the presidential administration's Operation and 
Analytical Center, and other state agencies. According to credible 
sources, the list, which was not released publicly, contained 
approximately 60 Web sites, including opposition portals Charter97 and 
Belarusian Partisan. Internet service providers are required to update 
the list on a daily basis. Decisions to restrict access to Internet 
sources may be appealed to the courts. In addition to restrictive 
actions, authorities made frequent statements during the year on the 
need for further control of the Internet.
    On June 17, Lukashenka attempted to justify limitations on Internet 
access nationwide, stating he was ``fine with the Internet'' but 
claiming that he had to ``get engaged [in Internet monitoring] to 
protect our stability, security, and the country.'' On August 29, he 
ordered the government to restrict students' access to ``destructive'' 
Web sites, including social networking portals, at educational 
institutions. The day after the December 2010 demonstrations, 
Lukashenka pledged to ``reform the Internet,'' which he asserted was 
used to ``mock authorities and the people.''
    State companies and organizations, which included the workplaces of 
80 percent of the country's workers, reportedly had Internet filters. 
On occasion government providers blocked independent and opposition Web 
sites during major political events. In response to the government's 
interference and Internet restrictions, many opposition groups and 
independent newspapers switched to Internet domains operating outside 
the country. The few remaining independent media sites with domestic 
``BY'' (Belarus) domains practiced self-censorship.
    On several occasions during the year, cyberattacks of unknown 
origin led to the temporary disabling of independent news portals and 
social networking sites, including the following: Web sites of 
Charter97, independent news agency BelaPAN, Radio Liberty, Belarusian 
Partisan, Vyasna, Belarusian Christian Democracy, electroname.com, 
citizenby.org, Salidarnasc, Twitter, Facebook, and LiveJournal. In June 
an Internet-organized group known as ``Revolution through Social 
Networks'' created a page on the popular Russian social networking Web 
site ``Vkontakte.ru,'' which called for ``silent'' demonstrations to 
take place in public spaces around the country. As these protests 
gained attention and broader public support, Internet users reported 
being unable to access Vkontakte.ru for several hours before the 
``silent'' protests were to take place. There were also reports of 
users being redirected to fake mirror Web sites that attempted to 
collect users' full names and other personal information.
    The government continued to collect and obtain personally 
identifiable information on independent journalists and democratic 
activists. For example, during raids in January and February, 
investigators hacked personal passwords to access e-mails, Skype 
records, and other materials, to read decoded files, and to retrieve 
deleted information on the computers confiscated from independent 
journalists and postelection demonstration participants and activists. 
Also, some family members of political prisoners reported that their 
accounts were hacked.

    Academic Freedom and Cultural Events.--The government restricted 
academic freedom and cultural events. Educational institutions were 
required to teach an official state ideology that combined reverence 
for the achievements of the former Soviet Union and of Belarus under 
the leadership of Lukashenka. Use of the word ``academic'' was 
restricted; NGOs were prohibited from including the word ``academy'' in 
their titles. Opportunities to receive a higher education in the 
Belarusian language in the majority of fields of study were scarce. 
Administrations of higher educational institutions made no effort to 
accommodate students wishing to study in Belarusian-language classes.
    In 2009 Deputy Education Minister Tatsyana Kavalyova stated that 
ideology remained ``the backbone'' of education in the country and gave 
``special flavor to the educational environment.'' She also noted that 
every educational institution maintained an ideology department. In 
March the presidential administration first deputy, Alyaksandr Radzkou, 
stated that ideology played a crucial role in shaping an individual.
    During the year authorities harassed, intimidated, and dismissed 
teachers on political grounds. For example, on April 25, the Minsk 
regional court upheld a lower court's decision to reject former history 
teacher Natallya Illinich's appeal of her dismissal from a school in 
Talka. On January 5, KGB and police searched Illinich's house and 
seized computer equipment and printed materials. She served as a 
presidential election observer and collected signatures in support of 
opposition candidates. The school principal dismissed her on January 
27, disregarding a petition on her behalf signed by students and 
parents.
    On June 2, administrators of an art school in Mahilyou fired music 
teacher Katsyaryna Kastusyova, daughter of presidential candidate Ryhor 
Kastusyou and a member of his campaign team. Officials claimed that her 
dismissal was performance-related and not politically motivated.
    Government-mandated textbooks contained a heavily propagandized 
version of history and other subjects. All schools, including private 
institutions, were obligated to follow state directives to inculcate 
the official ideology and could not be led by opposition members. The 
education minister has the right to appoint and dismiss the heads of 
private educational institutions.
    The BRYU urged university students to join the BRYU in order to 
receive benefits and dormitory rooms. Local authorities also pressured 
BRYU members to campaign on behalf of government candidates. In 
addition authorities at times pressured students to act as informants 
for the country's security services.
    High school students feared that they would not be allowed to 
enroll in universities without BRYU membership, and university students 
reported that proof of BRYU membership was often required to register 
for popular courses or to receive a dormitory room. Universities also 
offered BRYU members discounts on tuition. In 2008 former education 
minister Alyaksandr Radzkou stated that membership in the BRYU would be 
considered in new mandatory recommendations for students who wished to 
train for professions in foreign affairs, state administration, and 
journalism.
    According to an Education Ministry directive, educational 
institutions may expel students who engage in antigovernment or 
unsanctioned political activity and must ensure the proper ideological 
education of students. In January authorities claimed that they would 
not expel students who took part in the December 2010 postelection 
demonstration in Minsk. The Belarus Sate University administration 
stated it would review written explanations submitted by students who 
were arrested and served short sentences before taking further action. 
In December 2010 Viktar Iuchankau, spokesman for the Education 
Ministry, asserted that students were not expelled from universities 
for political reasons. However, during the year at least 45 students 
were expelled for political reasons, compared with three or more in 
2009. Some school officials continued to cite poor academic performance 
or absence from classes as the official reason for the expulsions.
    The government continued to ban teachers and democratic activists 
from promoting the wider use of the Belarusian language and the 
preservation of its culture. For example, citing ``inexpediency,'' 
authorities in June discontinued studies in the Belarusian language at 
a junior high school in the town of Byaroza after four successful 
years. Originally more than 15 parents sent a petition to local 
authorities seeking their children to be taught in Belarusian.
    The government also restricted cultural events. During the year the 
government continued to force opposition theater and music groups into 
such venues as bars and private apartments and to suppress unofficial 
commemorations of historical events. For example, on November 25, 
owners of a private cafe in Brest were pressed by local authorities not 
to provide a venue to prominent signer Lyavon Volski, who was forced to 
perform in a church. During the year authorities also banned a number 
of concerts and cultural performances by other prominent musicians and 
artists.
    The government also restricted activities of a dissident writers 
union and extensively supported the progovernment Union of Writers of 
Belarus. On October 25, Lukashenka accused dissident writers of being 
obsessed with stalling ``nationalism and political intrigue'' and 
``exchanging their talent for foreign grants,'' and smearing ``their 
country, insulting their people, and instigating youth to senseless 
rioting.'' He added that ``renegades'' were not allowed to ``profane'' 
Belarusian culture and supported the progovernment union as a ``healthy 
creative force,'' noting that authorities were expecting ``vibrant and 
talented works'' from them.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of peaceful assembly; 
however, the government severely restricted this right in practice. 
Only registered political parties, trade unions, and NGOs could request 
permission to hold a demonstration of more than 1,000 persons, and 
denials were the norm for critical groups. Security forces frequently 
forcibly dispersed participants, often causing injuries.

    Freedom of Association.--The law criminalizes participation in the 
activities of unregistered NGOs, training persons to demonstrate, 
financing of public demonstrations, or solicitation of foreign 
assistance ``to the detriment'' of the country. During the year the law 
was amended to also prohibit the announcing of demonstrations, 
especially via the Internet or social networks, before they are 
approved by authorities. Violations are punishable by up to three years 
in prison.
    Authorities employed a variety of means to discourage 
demonstrations, break them up, to minimize their impact, and punish the 
participants. Organizers must apply at least 15 days in advance for 
permission to conduct a public demonstration, rally, or meeting, and 
government officials are required to respond no later than five days 
prior to the scheduled event. However, authorities generally refused 
permits to opposition groups or granted permits only for demonstrations 
held far from city centers. Authorities used intimidation and threats 
to discourage persons from participating in demonstrations, openly 
videotaped participants, and imposed heavy fines or jail sentences on 
participants in unsanctioned demonstrations.
    During the year authorities broke up scores of unauthorized 
demonstrations, often detaining and harassing participants. Numerous 
protest participants were detained, fined, and sentenced to periods of 
up to 15 days in administrative detention. On scores of occasions 
authorities fined opposition activists and members of NGOs for 
participating in unauthorized protests. On many occasions police and 
other security officials beat and detained demonstrators before, 
during, and after unsanctioned peaceful demonstrations.
    In early June an Internet-organized group known as Revolution 
through Social Networks began calling for ``silent'' protests across 
the country to protest the undemocratic rule of Lukashenka. The group 
urged people to assemble in areas freely accessible to the public to 
express concern over economic and political conditions without 
displaying any flags or banners or political identification and without 
chanting any slogans.
    On June 14, the prosecutor general warned against unsanctioned 
protests, and the Ministry of Internal Affairs spokesman claimed that 
protests could lead to ``explosions and gunfire.'' On June 15, several 
thousand people defied the warnings and gathered in central Minsk and 
in approximately 20 other cities across the country. The protesters 
silently marched and clapped their hands. Human rights groups reported 
that more than 240 persons, including independent journalists, were 
detained around the country. The vast majority were released without 
charge within a few hours.
    On June 22, more than 6,000 persons took part in silent protests 
across the country, leading to at least 460 detentions, including 
independent journalists. Thirty-three participants reportedly were 
fined up to 1.05 million rubles ($127) on the charges of ``disorderly 
conduct.''
    At a large demonstration on July 3, the number of detained 
protesters reached nearly 400, including 20 independent journalists. 
Minsk police warned ahead of protests that individuals would be 
``allowed to clap freely'' only during the July 3 official Independence 
Day parade, thus apparently criminalizing a major tactic of the 
``silent protests.'' The majority of the detained on July 3 were 
sentenced to up to 15 days in jail; others received fines up to 1.05 
million rubles ($127). On July 6, more than 2,500 persons gathered for 
silent protests in 35 localities across the country. Police detained 
400 persons, including 28 independent journalists. Administrative 
courts convicted 193 activists of ``disorderly conduct,'' and the 
majority served 15 days in jail. The rest were fined up to 1.05 million 
rubles ($127).
    After organizers of ``silent'' protests announced that the next 
rally would take place on September 21, police conducted a number of 
preventive arrests and ``preventative talks'' with activists throughout 
the country. A number of universities scheduled their classes for late 
evenings to prevent students from participating in demonstrations. No 
detentions were reported on September 21.
    In the wake of the December 2010 postelection demonstration, 
security officers continued to harass and jail activists who protested 
police actions on that night. For example, on January 13, a court in 
Minsk fined Polish minority activist and journalist Andrzej Paczobut 
1.75 million rubles ($211) for participating in unsanctioned 
postelection demonstrations. Police searched his residence in Hrodna 
and transported him for proceedings in Minsk a day earlier. The judge 
dismissed Paczobut's statements that he was covering the demonstration 
as part of his professional duties. On January 31, European Belarus 
campaign members Katsyaryna Lyudvik, Paulina Kuryanovich, and Maksim 
Vinyarski received 10 days in jail each for participating in a peaceful 
demonstration in protest of police repression in front of the KGB 
building on January 30. Four other demonstrators, including the common-
law spouse of political prisoner Mikalai Statkevich, were fined 1.05 
million rubles ($127) each.
    Police also used preemptive arrest and detention to prevent 
democratic activists' participation in protests. For example, 
authorities took various measures to deter prodemocracy activists from 
celebrating the March 25 anniversary of the country's initial 
declaration of independence in 1918, an event the government does not 
recognize. Of at least 50 opposition activists detained on March 25, 
the majority were apprehended ahead of the demonstrations. Authorities 
blocked a number of opposition, youth, and civil society leaders in 
their residences early in the morning, or detained them while they were 
en route to demonstration sites, to prevent their leading 
demonstrations. Police dispersed a small gathering in central Minsk and 
fenced off another site at a downtown park where the activists intended 
to lay flowers, citing an alleged bomb threat.
    On December 19, civil society activists gathered at a Catholic 
cathedral in downtown Minsk to mark the first anniversary of the 
December 2010 crackdown of postelection demonstrations and the 
continued detention of political prisoners. Police arrested more than 
50 activists, and authorities sentenced at least 28 persons to up to 15 
days in jail or fines up to 1.05 million rubles ($127) on December 20. 
Eight journalists were detained in Minsk and one in Vitsyebsk. Police 
searched their belongings and equipment and released them without 
charge.

    Freedom of Association.--The law provides for freedom of 
association; however, the government severely restricted it in 
practice.
    The government enforced laws and registration regulations to 
restrict the operation of independent associations that might be 
critical of the government. All NGOs, political parties, and trade 
unions must receive prior approval from the Ministry of Justice to 
register. A government commission reviews and approves all registration 
applications; in practice its decisions were based largely on political 
and ideological compatibility with the government's authoritarian 
philosophy. NGOs are also required to receive the approval and to 
register all foreign grants and technical aid with the Department for 
Humanitarian Affairs under the presidential administration; otherwise, 
they are banned from appropriating these funds.
    In November authorities enforced amendments to the already strict 
law on public associations that banned NGOs from keeping funds at 
foreign financial institutions for local activities. The law also 
prohibited NGOs from facilitating provision of any support or benefits 
from foreign states to Belarusian citizens based on their political, 
religious views or ethnicity, clearly aimed at the Polish minority.
    Registration procedures required applicants to provide the number 
and names of founders, along with a physical address in a 
nonresidential building, an extraordinary burden given the tight 
financial straits of most NGOs and the fear of individual property-
owners to rent space. Individuals listed as members were vulnerable to 
retribution. The government's refusal to rent office space to 
unregistered organizations and the expense of renting private space 
reportedly forced most organizations to use residential addresses. This 
allowed authorities to deregister existing organizations and deny their 
reregistration.
    During the year the government denied registration to numerous NGOs 
and political parties on a variety of pretexts, including ``technical'' 
problems with applications. Authorities frequently harassed and 
intimidated individuals who identified themselves as founding members 
of organizations in an effort to induce them to abandon their 
membership and thus deprive groups of the number of petitioners 
necessary for registration. Many of the rejected groups previously had 
sought and been denied registration on multiple occasions. The 
government continued deregistering groups during the year. For example, 
after Center for Developing Volunteerism founder Mikalai Kvantaliyani 
filed for registration in March, KGB officers attempted to recruit him 
as an informant in exchange for unimpeded registration and 
possibilities to receive foreign donations. When Kvantaliyani refused 
and voiced his concerns to media, the Justice Ministry denied 
registration.
    On February 28, the Supreme Court upheld the Justice Ministry's 
October 2010 denial of a registration application by the Belarusian 
Christian Democracy party on the grounds that the party allegedly had 
provided false information about its founders. This was the party's 
third registration attempt, and each time authorities exerted pressure 
on members to disavow their affiliation with the party, threatening 
them with dismissal from jobs, expulsion from universities, and 
criminal prosecution. Party leaders called the refusal ``politically 
motivated,'' biased, and ``predetermined.''
    On October 19, the Supreme Court upheld a denial of a registration 
application by the Tell the Truth movement, led by political prisoner 
and former presidential candidate Nyaklyaeu. The Justice Ministry 
refused to register the group in August, citing failure to submit a 
document confirming the landlord's ownership of the property intended 
as the group's offices. The ministry denied a previous registration 
application in February.
    During the year the Ministry of Justice continued to issue written 
warnings to NGOs, political parties, and trade unions. For example, on 
July 28, the Supreme Court turned down an appeal by the BHC of the 
second warning issued on June 6 by the ministry. This warning was based 
on the BHC's refusal to pay taxes on technical aid received in 2004 in 
the framework of the EU's TACIS program (a program to promote the 
transition to a market economy and reinforce democracy and the rule of 
law), a case on which authorities took no further action. The first 
warning of January 12 was related to the BHC's open complaint to the 
U.N. special rapporteur on the independence of judges and lawyers on 
Belarus, which concerned pressure on defense lawyers in the 
postelection criminal case. The ministry claimed that the human rights 
group distributed false information and discredited law enforcement 
agencies and the judiciary. By law two warnings can result in a 
liquidation suit against an NGO. This allowed authorities to keep the 
BHC in a tenuous situation and closely monitor its activities.
    Harassment in the form of inspections by security officials and 
confiscation of political literature continued.

    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, including the right to emigrate. However, the government at 
times restricted the right of its citizens to foreign travel. The 
government cooperated with the Office of the 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 persons of 
concern.

    In-country Movement.--Passports serve as a form of national 
identity and are required for permanent housing, work, and hotel 
registration. Police continued to harass individuals who lived at a 
location other than the legal place of residence indicated in mandatory 
stamps in their passports.
    The law also requires persons who travel to areas within 15 miles 
of the border to obtain an entrance pass.

    Foreign Travel.--The government maintained a database of persons 
who were banned from traveling abroad. According to the Ministry of 
Internal Affairs, the list contained the names of at least 120,000 
persons who were prohibited from foreign travel, including those who 
possessed state secrets, faced criminal prosecution or civil suits, or 
had outstanding financial commitments. Opposition politicians and civil 
society activists criticized the database, saying it restricted freedom 
of travel. Some persons were informed by letter that their names were 
in the database; others were informed at border crossings. In certain 
cases opposition activists either were turned away at the border or 
detained for lengthy searches.
    For example, in November former political prisoners Dzmitry Drozd 
and Syarhei Kazakou, both of whom received presidential pardons in 
August, were turned away at the border with Lithuania without 
explanation. They later discovered that the database was outdated and 
read that they were still charged under the criminal case against 
postelection demonstrations participants.
    Under a presidential decree, any student who wishes to study abroad 
must obtain permission from the Minister of Education. The decree, 
ostensibly intended to counter trafficking in persons, also requires 
the Ministry of Internal Affairs to track citizens working abroad and 
obliges employment agencies to report individuals who do not return 
from abroad as scheduled.

    Exile.--The law does not allow forced exile, but sources asserted 
that security forces threatened opposition leaders with bodily harm or 
prosecution if they did not leave the country. The law allows internal 
exile, known as khimiya, for persons convicted of crimes, and 
authorities employed it during the year.
    Many university students who had been expelled or were under threat 
of expulsion for their political activities opted for self-imposed 
exile. Since 2006 more than 500 students have left the country to 
continue their studies at foreign universities. After Lukashenka 
pardoned political prisoners Fyodar Mirzayanau and Illya Vasilevicht in 
September, they left the country to study in Poland. Both were 
previously expelled from universities in Minsk and sentenced to three 
years in jail for participating in postelection demonstrations.

    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. In practice 
the government provided protection against expulsion or return of 
refugees to countries where their lives or freedom would be threatened 
on account of their race, religion, nationality, membership in a 
particular social group, or political opinion.
    While all foreigners have the right to apply for asylum, no Russian 
nationals received either refugee status or complementary protection in 
the country. Immigration authorities and courts asserted that under the 
terms of treaties on the union with Russia, and as a result of the 
equal rights of citizens in each country, Russians can legally settle 
and obtain residence permits in the country based on their Russian 
citizenship and therefore do not need asylum. Nevertheless, as of 
October 1, immigration authorities accepted five asylum applications 
from Russian citizens during the year.
    Asylum seekers have freedom of movement within the country but must 
reside in the region where they filed their applications for refugee 
status and in a place known to the authorities. Authorities reportedly 
often required asylum seekers to settle in rural areas. Change of 
residence was possible only with notification to authorities. 
Authorities issue registered asylum seekers certificates that serve as 
identification documents and protect them from expulsion. In accordance 
with the law, they also must register with local authorities to obtain 
identity documents.

    Temporary Protection.--The government also provided temporary 
protection to individuals who may not qualify as refugees and provided 
it to approximately six persons during the year.
    In accordance with asylum legislation, aside from refugee status 
there is also complementary protection and ``nonrefoulement 
protection'' (in the form of temporary residence for a one-year term). 
During the year one person applied for extension of complementary 
protection (extension was granted); five persons were able to extend 
nonrefoulement protection for one year.

    Stateless Persons.--As of January 1, the UNHCR listed 7,731 
stateless persons in the country.
    Arbitrary detention of, and violence against, stateless persons 
generally were not problems. However, stateless persons faced 
discrimination in employment because authorities often required them to 
settle in rural areas and prohibited them from seeking jobs outside of 
the regions where they lived. In practice stateless persons could not 
change their region of residence.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides the right for citizens to change their government 
peacefully; however, the government denied citizens this right in 
practice.
    Since his election in 1994 to a five-year term as the country's 
first president, Lukashenka steadily consolidated power in the 
executive branch to dominate all branches of government, effectively 
ending any separation of powers among the branches of government. 
Flawed referenda in 1996 and 2004 amended the constitution to broaden 
his powers, extend his term in office, and remove presidential term 
limits. Subsequent presidential elections, including the one held in 
December 2010, continued to deny citizens the right to express their 
will to choose between opposing candidates in an honest and transparent 
process with fair access to media and resources.

    Elections and Political Participation.--Recent Elections.--The 
December 2010 presidential election was marred by numerous violations 
of procedures and an absence of transparency and accountability that 
led the Organization for Security and Cooperation in Europe (OSCE) 
Office for Democratic Institutions and Human Rights (ODIHR) observer 
mission to report that the country still had ``a considerable way to go 
in meeting its international commitments.'' OSCE/ODIHR observers 
assessed the vote count as ``bad or very bad in almost half of all 
observed polling stations,'' with clear instances of ballot stuffing 
and tampering. Although opposition candidates enjoyed somewhat greater 
freedom to enter the race and promote their candidacies than in earlier 
elections, preelection campaigning remained extremely limited, and 
government harassment of independent newspapers, opposition political 
parties, and independent NGOs throughout the year limited the 
opposition's ability to mount effective campaigns.
    According to the OSCE/ODIHR mission, broadcasters nationwide 
devoted 90 percent of their political coverage to Lukashenka, and 
coverage of opposition candidates was overwhelmingly negative. Despite 
a nominal increase in opposition representation, authorities continued 
to exclude opposition representatives from election commissions at all 
levels. The majority of observers at local polling places appeared to 
be from government-sponsored NGOs; many of them received instructions 
in advance to report to foreign observers that the proceedings were 
``in order.''
    However, the most serious violations took place after the polls 
closed, when, as the OSCE/ODIHR mission observed, the situation 
``deteriorated significantly.'' In many instances international 
observers reported that counting was conducted silently and at a 
sufficient distance as to make evaluation of the count impossible. 
There were a number of reports that vote totals changed as the ballot 
boxes were transported between local precincts and the territorial 
election commission offices. No genuinely independent organizations 
were permitted to conduct exit polls, but in the opinion of the 
independent NGO ``For Fair Elections,'' which monitored 250 polling 
stations across the country, the president failed to gain the 50 
percent of the vote necessary to avoid a runoff. The official results 
gave Lukashenka 79.65 percent of the vote against nine other 
candidates.
    The September 2008 parliamentary elections also fell significantly 
short of international standards for democratic elections, according to 
the final report by the OSCE/ODIHR observer mission.

    Political Parties.--Authorities routinely harassed and impeded the 
activities of independent political parties and activists. There were 
several instances of violence against prominent members of the 
political opposition during the year. Some opposition parties lacked 
legal status, as authorities refused to register them, and the 
government routinely interfered with the right to organize, stand for 
election, seek votes, and publicize views. Approximately half a dozen 
largely inactive political parties loyal to the regime were allowed to 
operate freely, even though they appeared to be little more than fig 
leaves for a system that had de facto excluded party politics.
    Political parties continued to receive formal ``warnings'' for 
minor offenses under a law that allows authorities to suspend parties 
for six months after one warning and close them after two. The law also 
prohibits political parties from receiving support from abroad and 
requires all political groups and coalitions to register with the 
Ministry of Justice.
    Authorities continued to harass the unrecognized Union of Poles and 
its members.

    Participation of Women and Minorities.--While there were no laws 
that prevented women or minorities from voting or participating in 
political life on the same basis as men or minorities, statements by 
Lukashenka against female political leadership was cited as one of the 
obstacles to advancing women's political participation. Of the 24 
ministries in the government, one was led by a woman.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, reports indicated that officials continued to engage in 
corrupt practices. The World Bank's Worldwide Governance Indicators 
reflected that corruption was a serious problem in the country. 
According to former prosecutor general Ryhor Vasilevich, the majority 
of the corruption cases involved accepting and soliciting bribes, 
fraud, and abuse of power, often by government officials.
    The absence of an independent judicial system, professional law 
enforcement, separation of powers, and an independent press made it 
virtually impossible to gauge the scale of corruption.
    The deputy prosecutor general reported that during the year 
authorities registered 2,416 corruption crimes, down 33.6 percent from 
the previous year, mainly because the following offenses were removed 
from the corruption category: forgery by an official, smuggling, 
receipt of illegal compensation, and financing terrorist activities. 
Bribery accounted for 54.7 percent of cases, fraud for 5.8 percent, and 
embezzlement through abuse of office for 35.7 percent. The highest 
corruption rates were registered in the industrial, agricultural, and 
construction sectors. According to a senior official in the Prosecutor 
General's Office, an average bribe was $300 and the highest bribe was 
$500,000.
    During the year officials of agencies responsible for maintaining 
state security, including financial intelligence, Defense Ministry, 
customs and border agencies, committed 116 corruption-related crimes, 
down from 252 crimes in 2010, or 4.8 percent of all corruption crimes. 
The Military Prosecutor's Office investigated and filed in court 11 
cases of corruption and reimbursed more than 60 million rubles ($7,250) 
in damages resulting from corruption during the year.
    There were numerous corruption prosecutions during the year; 
however, prosecutions remained selective and appeared in some cases 
politically motivated. Apparent attempts to tackle corruption ended 
with the arrest of a leading prosecutor. For example, on August 2, the 
Supreme Court sentenced former senior investigator of the prosecutor 
general's office Svyatlana Baykova to two years of partial house arrest 
on minor charges of exceeding her authority. Charges of pressuring a 
suspect to give a statement, ordering unjustified detention, and 
bringing charges against a knowingly innocent person, as well as 
extensive abuse of authority were dropped. KGB officers arrested 
Baykova in February 2010 and charged her with illegally dropping 
criminal charges and abusing her office. The trial started on March 10 
and was held behind closed doors because the case reportedly covered 
classified information. In June Baykova appealed to Lukashenka, seeking 
to ensure her prompt release and committing to further curb corruption 
among officials.
    Baykova was the chief investigator in a high-profile criminal case 
against an alleged smuggling ring that included former senior customs 
officials and KGB and state control committee officers. On November 15, 
the Belarusian Military Court acquitted 36 suspected members of this 
criminal group in closed hearings that commenced in May 2010. Thirty-
six individuals charged with corruption and facilitating evasion of 
more than 30 billion rubles ($3.6 million) in custom duties included 
Anatol Hramovich, a former director of the financial intelligence 
department under the State Control Committee, and Yauhen Selivanau, a 
former deputy head of the Brest customs agency. The court ruled that 
the statute of limitations had expired in relation to a number of 
crimes allegedly committed by them. In addition, most of the suspects 
reimbursed damages of more than 450 million rubles ($54,350) in illegal 
foreign currency proceeds to the state during pretrial investigations. 
Hramovich was arrested in January 2009 on charges of bribery, abuse of 
office, and establishing a criminal group.
    On December 26, KGB head Vadzim Zaytsau reported that his agency 
opened more than 50 cases to investigate corruption in addition to 80 
cases initiated by other law enforcement agencies. He claimed that of 
44 persons convicted of corruption, 33 were state officials, including 
those at the senior level.
    The law, government policies, and a presidential decree severely 
restricted public access to government information. Citizens had some 
access to certain categories of information on government databases and 
Web sites; however, much of the information was neither up-to-date nor 
complete.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were a number of active domestic human rights NGOs; however, 
authorities were often hostile to their efforts, did not cooperate with 
them, and were not responsive to their views.
    Three prominent human rights NGO--the BHC, Center for Human Rights, 
and Center for Legal Transformations--remained registered. The 
government refused to register numerous NGOs and continued to harass 
them under articles 193 and 193.1 of the criminal code, which 
criminalizes organizing or participating in any activity by an 
unregistered organization. The law also prohibits persons from acting 
on behalf of unregistered NGOs. A variety of unregistered NGOs, 
including Vyasna, the ``Solidarity'' Committee for the Protection of 
the Repressed, the Human Rights Alliance, Legal Assistance to the 
Population, and for Religious Freedom, continued to operate in spite of 
systematic harassment from authorities.
    Authorities harassed both registered and unregistered NGOs, 
subjected them to frequent inspections and threats of deregistration, 
and monitored their correspondence and telephone conversations. 
Authorities harassed family members of NGO leaders and civil society 
activists. The government ignored reports issued by human rights NGOs 
and rarely met with them. State-run media did not report on human 
rights NGOs and their actions; independent media that reported on human 
rights issues were subject to closure and harassment.
    Authorities can close an NGO after issuing only one warning that it 
violated the law. The most common pretexts prompting a warning or 
closure were failure to obtain a legal address and technical 
discrepancies in application documents. The law allows authorities to 
close an NGO for accepting what is considered illegal forms of foreign 
assistance and permits the Ministry of Justice to participate in any 
NGO activity and to review all NGO documents. NGOs also must submit 
detailed reports annually to the ministry about their activities, 
office locations, officers, and total numbers of members.
    A presidential order in 2008 increased rent tenfold for most NGOs. 
Prior to the order NGOs paid one euro ($1.30) per square foot of office 
space, compared with 10 euro ($13) charged to commercial groups. While 
some groups, including youth sports groups, charity organizations, and 
children's arts centers, continued to pay the one euro rate, other 
NGOs, such as the Belarusian Voluntary Society for Historic and 
Cultural Heritage Protection, were required to pay the higher rate. 
Some NGOs were forced to close or move because of higher rents. In 
February 2010 a senior state property committee member stated that to 
be eligible for discounted rent rates, an NGO must actively support the 
government's policies.
    Following the flawed December 2010 presidential election, 
authorities raided the offices of some NGOs, seizing computers and 
other equipment. On May 4, police disrupted a news conference at 
Vyasna's offices organized by human rights defenders, including some 
from Russia and Ukraine, to present an interim report about the 
continued police crackdown in connection with postelection 
demonstrations. Security officers arrived at the offices an hour before 
the conference and searched the premises for an alleged bomb.
    During the year the BHC continued to experience problems with 
authorities and its accounts remained blocked due to two written 
warnings based on tax arrears, and a complaint it sent to the U.N. 
regarding the regime's repressions of lawyers. In 2008 the Supreme 
Court allowed the Ministry of Justice to withdraw a petition to suspend 
the BHC's activities. However, the NGO's bank accounts remained 
blocked, and alleged tax arrears were unresolved. The case originated 
in 2005, when authorities seized BHC office equipment as partial 
payment of 191.5 million rubles ($23,130) in alleged tax arrears and 
fines for back taxes on international donor funds dating from 2000-02. 
In October 2009 the financial intelligence services requested income 
statements and other information from BHC members.
    The KGB continued to harass NGO and political party members and 
activists by planting defamatory articles or information about them in 
the media. For example, on November 24, Ales Byalyatski, head of the 
Vyasna human rights group, was convicted of politically motivated 
charges of large-scale concealment of income and tax evasion and 
sentenced to four and one-half years in jail. State media repeatedly 
broadcast and printed insulting materials about him and Vyasna, 
accusing him of stealing funds from donors and calling him ``a 
criminal.''
    Authorities were reluctant to engage on human rights problems with 
international NGOs, whose representatives often had difficulty gaining 
admission to the country. For example, authorities refused entry visas 
to a number of foreign human rights activists, including the president 
of the International Federation of Human Rights Leagues, Souhayr 
Belhassen, who intended to monitor the trial of Ales Byalyatski in 
November. Visas also were denied to Marie Manson of Sweden's Civil 
Rights Defenders, Ane Bonde and Daiva Petkeviciute of Norway's Human 
Rights House Foundation, and Mariana Rocha of the Brussels-based 
International Partnership for Human Rights.
    Authorities routinely ignored local and international NGOs' 
recommendations on how to improve the human rights situation in the 
country and their requests to stop harassing the NGO community.

    U.N. and Other International Bodies.--In December 2010 a Foreign 
Ministry spokesman announced that there were ``no objective reasons'' 
for extending the mandate of the OSCE office in Minsk, despite the fact 
that the mandate of the office had not been fulfilled and 
notwithstanding calls by the EU and others to extend the mandate. The 
office had operated since 2003 with a mandate to assist the country in 
the area of rule of law and with economic and environmental matters. A 
previous OSCE office with a broader mandate was terminated by the 
regime in 2001. The government claimed that the OSCE mandate ``has been 
fulfilled'' and pointed to the earlier closure of OSCE missions in 
neighboring countries.

    Government Human Rights Bodies.--There is a standing commission on 
human rights in the lower chamber of parliament, but it was 
ineffective.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status. In practice the government did not always 
enforce these prohibitions. Problems included violence against women 
and children; trafficking in persons; and discrimination against 
persons with disabilities, Roma, ethnic minorities, and members of the 
lesbian, gay, bisexual, and transgender (LGBT) community.

    Women.--Rape and Domestic Violence.--The law criminalizes rape in 
general but does not include separate provisions on marital rape. Rape 
was a problem. However, most women did not report it due to shame or 
fear that police would blame the victim. According to the Ministry of 
Internal Affairs, there were 119 registered cases of rape during the 
year, down 16.8 percent compared with 2010.
    Domestic violence, including spousal abuse against women, was a 
significant problem. In February the Office of the U.N. High 
Commissioner for Human Rights raised grave concerns about the 
persistence of violence against women, in particular domestic and 
sexual violence, its underreporting, the lack of prosecution of 
violence within the family, the fact that rape was subject to private 
rather than ex officio prosecution, and the lack of shelters for 
victims of domestic violence.
    The criminal code does not contain a separate article dealing with 
domestic violence. According to a study released by the Belarus State 
University's Center for Sociological and Political Research in March 
2010, four out of five women between ages 18 and 60 claimed that they 
were subjected to psychological violence in their families. One in four 
women suffered from physical violence, and 13 percent of women reported 
that their partners sexually abused them. Women remained reluctant to 
report domestic violence due to fear of reprisal and social stigma. 
According to the study, only 6 percent of male and 46 percent of female 
victims of domestic violence sought professional assistance. NGOs 
operated crisis shelters, primarily in Minsk, but they were poorly 
funded and received only limited support from the government.
    The deputy prosecutor general announced that the number of domestic 
crimes decreased by 16.4 percent, with 2,602 cases reported during the 
year.

    Sexual Harassment.--Sexual harassment reportedly was widespread, 
but no specific laws, other than those against physical assault, 
address the problem.

    Sex Tourism.--A senior Internal Affairs Ministry official 
acknowledged that the scope of sex tourism expanded and reported that 
two Turkish nationals and a citizen of Bahrain were convicted of 
facilitating sex tourism during the year. Due to the closed nature of 
the government and sparse independent reporting, it was difficult to 
estimate the extent of any possible government complicity; however, 
credible sources asserted that the KGB and other security agencies 
controlled and profited from sex tourism and associated businesses, 
including gambling, hotels, and nightclubs.

    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 had equal access 
to diagnostic services and treatment for sexually transmitted 
infections. According to data published jointly by the World Health 
Organization, UNICEF, U.N. Population Fund, and World Bank, the 
country's maternal mortality ratio was 15 maternal deaths per 100,000 
live births in 2008.

    Discrimination.--The law provides for equal treatment of women with 
regard to property ownership and inheritance, family law, and the 
judicial system, and it was generally respected in practice. The law 
also requires equal wages for equal work, although this provision was 
not always enforced. In December 2010 Deputy Minister of Labor and 
Social Security Ihar Staravoytau said that women's wages were 20 
percent less than those of men's despite higher education levels.
    The National Statistics Committee reported that as of November 1, 
62.8 percent of the unemployed were women compared with 52.8 percent in 
November 2010. Staravoytau also noted that it took one month on average 
for men to find new employment and more than two months for women. 
Women also accounted for two-thirds of all officially unemployed 
persons seeking a job for more than a year.
    There were very few women in the upper ranks of management or 
government, and most women were concentrated in the lower-paid public 
sector. Women's groups also voiced concerns about the feminization of 
poverty, particularly among women with more than two children, female-
headed households, women taking care of family members with 
disabilities or older family members, and rural and older women.
    The law grants women the right to three years of maternity leave 
with assurance of job availability upon return. However, employers 
often circumvented employment protections by using short-term 
contracts, then refusing to renew a woman's contract when she became 
pregnant. During an inspection of 29 enterprises in the Vitsyebsk 
region in 2009, the local prosecutor's office found that employed women 
who were taking care of minor children at times were forced to travel 
on business and work overnight and overtime without their prior consent 
and in violation of laws. A number of women worked in extreme and 
hazardous conditions.

    Children.--Birth Registration.--Citizenship is derived either by 
birth within the country's territory or from one's parents. A child of 
a citizen is a citizen regardless of place of birth, even if one of the 
parents is not a citizen.

    Education.--In contrast with previous years, there were few and 
isolated reports that Romani children were subject to harassment from 
non-Romani children and teachers. The majority of Romani youth did not 
finish secondary school and failed to enroll in university programs, 
although the situation improved as more Romani children from mixed 
families were enrolling and obtaining bachelor degrees, including in 
the regions. There were no special school programs for Roma, although 
there were such programs for Jews, ethnic Lithuanians, and Poles.

    Child Abuse.--Rape or sexual assault of a person known to be a 
minor is punishable by up to 15 years in jail. Sexual acts between a 
person older than 18 years of age and a person known to be younger than 
age 16 carry penalties of up to five years in jail. According to NGOs 
that assist child abuse victims, authorities reported approximately 165 
criminal cases during the year where children were victims of various 
forms of sexual abuse and molestation. Twenty-eight children, including 
five girls aged nine and 10, were raped. The majority of the 
perpetrators were family members.
    The Education Ministry reported on emotional and physical abuse 
against children that did not require forensic investigations. 
According to the most recent statistics available, in 2006 
approximately 10 percent of children between the ages of 10 and 17 were 
victims of psychological abuse in their families, and 4.5 percent were 
victims of physical abuse.

    Child Marriage.--There were reports of child marriage during the 
year where girls as young as age 14 and boys as young as age 16 were 
married with parental consent. The government registered 904 marriages, 
up from 856 in 2010. In the majority of these cases, children were 
married with parental consent.

    Sexual Exploitation of Children.--The law provides penalties of up 
to 13 years in jail for production or distribution of pornographic 
materials depicting a minor. Child prostitution was a problem. 
According to data from the Ministry of Internal Affairs, 22 minors 
became victims of trafficking-related crimes for sexual exploitation. 
The ministry reportedly registered 36 criminal cases in connection with 
the production and distribution of child pornography, including 27 
cases of distribution in the Internet during the year. Children, along 
with men and women, were forced into forced labor (see section 7 c.). 
There were also reports of child trafficking.

    Institutionalized Children.--There was no system of monitoring of 
child abuse in orphanages or other specialized institutions. 
Authorities did not report on any child abuse incidents. In 2007-08 the 
Education Ministry and UNICEF conducted a national survey to assess the 
child abuse situation in the country.
    According to the ministry, 20 percent of institutionalized children 
10-17 years of age reported psychological abuse by family members, and 
22 percent reported they were victims of psychical abuse. Independent 
observers suggested that numbers were likely to be higher, since 
approximately 30 percent of children refused to answer this question.

    International Child Abductions.--The country was not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--Jewish groups estimated that between 30,000 and 
40,000 persons identified themselves as Jews. Most were not active 
religiously.
    During the year anti-Semitic incidents continued but were on the 
decline, and authorities sporadically investigated reports of such 
acts. Religious sites were vandalized. For example, in mid-November 
members of the Jewish community in Babruisk reported several incidents 
of vandalism of the city's synagogue. On November 11, vandals painted a 
swastika and the words ``death to Jews'' on the fence surrounding the 
synagogue. In the early morning hours of November 18, vandals smashed 
four of the synagogue's windows. No suspects were apprehended. The 
government did not promote antibias and tolerance education.
    Jewish community and civil society activists continued to express 
concern over the concept of a ``greater Slavic union'' that was popular 
among nationalist organizations, including the neo-Nazi group Russian 
National Unity, which remained active despite its official dissolution 
in 2000. Neo-Nazis were widely believed to be behind these and numerous 
other incidents across the country. Anti-Semitic and Russian 
ultranationalist newspapers, literature, DVDs, and videotapes imported 
from Russia continued to be sold.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The law does not specifically prohibit 
discrimination against persons with physical, sensory, intellectual, or 
mental disabilities in employment, education, access to health care, 
and other government services, and discrimination was common in 
practice.
    The Ministry of Labor and Social Security is the main government 
agency responsible for protecting the rights of persons with 
disabilities which accounted for more than half a million persons. The 
law mandates that transport, residences, and businesses be accessible 
to persons with disabilities. However, in practice few public areas 
were wheelchair accessible. The National Association of Disabled 
Wheelchair Users estimated that more than 90 percent of persons with 
physical disabilities were unable to leave their places of residence 
without assistance and their places of residence were not accommodated 
for wheelchair users. While authorities claimed that 30 percent of the 
country's total infrastructure was accessible, disability rights 
organizations disputed this figure.
    A government prohibition against workdays longer than seven hours 
for persons with disabilities reportedly made companies reluctant to 
hire them. Local NGOs reported that 80 percent of persons with 
disabilities were unemployed. Authorities provided minimal welfare 
benefits for persons with disabilities, and calculations of pensions 
did not take disability status into account. Members of the country's 
Paralympics teams received half the salaries and prize money of 
athletes without disabilities.
    The country's lack of independent living opportunities left many 
persons with disabilities no choice but to live in state-run 
institutions. Approximately 70 such institutions existed across the 
country. Disability rights organizations reported that the quality of 
care in these facilities was low, and instances of mistreatment and 
abuse were reported. Persons with physical disabilities and persons 
with mental disabilities frequently were mixed within facilities and 
not provided specialized care. Public transportation was free to 
persons with disabilities, but neither the subway in Minsk nor the bus 
system was wheelchair accessible. According to government statistics, 
two percent of the country's public transportation network was 
accessible.
    Disability rights organizations reported difficulty organizing 
advocacy activities, given impediments to freedom of assembly, 
censorship of materials, and the government's unwillingness to register 
assistance projects. For example, an independent group advocating for 
rights of persons with disabilities reported that the Belarus State 
University rejected an application from a visually impaired woman to 
enroll into a legal program despite high test scores. They cited a lack 
of specialized equipment to accommodate her disability. She was 
subsequently accepted after intervention by human rights advocates.
    In November a wheelchair user was unable to file a complaint to a 
Minsk district court because the court was located in an old building 
without ramps. Advocates also noted that persons with disabilities, 
especially visually and hearing impaired, lacked the ability to address 
violations of their rights easily and completely as courts often failed 
to provide special equipment and sign language translation.

    National/Racial/Ethnic Minorities.--Governmental and societal 
discrimination against the ethnic Polish population and Roma persisted. 
There were also expressions of societal hostility toward proponents of 
Belarusian national culture, which the government often identified with 
actors of the democratic opposition.
    During the year authorities continued to harass the independent and 
unregistered Union of Poles of Belarus (UPB). However, in contrast with 
previous years, authorities did not openly persecute UPB members.
    Official and societal discrimination continued against the 
country's 10,000 to 20,000 Roma. The Romani community continued to 
experience high unemployment and low levels of education. Authorities 
estimated the unemployment rate among Roma to be as high as 80 percent, 
according to the latest available information. Roma often were denied 
access to higher education in state-run universities. In 2009, however, 
the Office of the Plenipotentiary Representative for Religious and 
Nationality Affairs stated that the country's Romani community had no 
problems that required the government's attention.
    While the Russian and Belarusian languages have equal legal status, 
in practice Russian was the primary language used by the government. 
According to independent polling, the overwhelming majority of the 
population spoke Russian as its mother tongue. Because the government 
viewed proponents of the Belarusian language as political opponents of 
the regime, authorities continued to harass and intimidate academic and 
cultural groups that sought to promote use of the Belarusian language. 
Proposals to widen use of the language were rejected routinely.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Homosexuality is not illegal, 
but discrimination against members of the LGBT community was 
widespread, and harassment occurred.
    Authorities routinely denied LGBT groups permission to hold public 
events, including a pride parade. In early May authorities denied the 
LGBT community 100 applications to hold scores of events to mark the 
International Day against Homophobia and Transphobia. In spite of the 
denial, members of the local LGBT rights NGO Gay Belarus planned to 
pass out leaflets in downtown Minsk on May 17. However, authorities 
preemptively detained approximately 15 group members, held them for 
three hours, and subsequently released them without charge.
    In December authorities denied a registration application to a gay 
rights group, Alternative Plus Human Rights Center, citing minor errors 
in information on its founders, such as a misspelled name and a wrong 
birth date. Societal discrimination against LGBT activists persisted. 
For example, the gay pride parade in October was marred by homophobic 
attacks, including painting homophobic graffiti and throwing eggs on 
walls of an openly gay bar in Minsk.
    On July 18, Natallya Pradzed, an LGBT activist, held a picket in 
Minsk to protest violations of human rights and arbitrary government 
policies. She was arrested and sentenced to 10 days in jail.
    On October 7, Lukashenka apologized for having told German Foreign 
Minister Guido Westerwelle, who is gay, ``that he had to lead a normal 
life,'' presumably at a closed meeting in November 2010. Lukashenka 
noted that he regretted his statement but condemned homosexual 
relations. Earlier, he stated that he did not understand how two men 
could live together and would exile gay men to collective farms ``with 
great pleasure.''

    Other Societal Violence or Discrimination.--Societal discrimination 
against persons with HIV/AIDS remained a problem, and the illness 
carried a heavy stigma. The Joint United Nations Program on HIV/AIDS 
office reported that there were numerous reports of HIV-infected 
individuals who faced discrimination, especially at workplaces and 
during job interviews.
    According to a U.N. Fund for Population Activities study released 
in February, 30.8 percent of surveyed doctors indicated their 
reluctance to work with HIV-positive persons and, if they treated them, 
their discomfort with such patients. Only 8.1 percent expressed a 
positive attitude towards HIV-infected patients. More than 16 percent 
of doctors said that they lacked knowledge for treating such patients 
efficiently, and 74.5 percent heavily stigmatized HIV-positive persons, 
describing them as irresponsible and promiscuous.
    During the year a number of NGOs representing HIV-infected persons 
expressed serious concerns about a discriminatory bill aimed at 
preventing the spread of the virus and other dangerous and primarily 
communicable diseases. The bill was adopted by the government at year's 
end despite numerous NGO appeals and petitions to recall or amend it. 
According to a United Nations Development Program expert, the 
legislation would stigmatize HIV-infected persons and ``force the HIV 
infection into underground.'' The law extends the list of grounds for 
mandatory HIV testing and requires HIV-positive persons to inform all 
their former partners of their status. According to rights advocates, 
the law will further stigmatize not only HIV-infected persons but also 
their families, breach their privacy and medical secrecy, and turn them 
away from state-run medical and social institutions.
    Although the government adopted a national program for preventing 
HIV in 2011-15, which for the first time prescribes funds to procure 
imported antiretroviral treatment for HIV-infected persons, a near 
three-fold devaluation of the Belarusian currency raised serious doubts 
about committed resources. However, the government continued to 
broadcast and post public service advertisements raising awareness 
about HIV/AIDS and calling for greater tolerance towards persons 
infected with the virus.
    There were also frequent reports of family discrimination against 
HIV-positive members of households. This included preventing HIV-
positive parents from seeing their children, or requiring HIV-positive 
family members to use separate dishware.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, except state security and military personnel, 
to form and join independent unions and to strike. The law provides for 
the right to organize and bargain collectively but does not protect 
against antiunion discrimination.
    In practice independent unions were barely tolerated. The 
government-controlled and docile Federation of Trade Unions of Belarus 
was the largest union, claiming an estimated four million members; 
however, that number was likely inflated, since the country's total 
workforce was approximately four million. The Belarusian Congress of 
Democratic Trade Unions (BCDTU), with four constituent unions and 
approximately 10,000 members of independent trade unions, was the 
largest independent union umbrella organization.
    Tight government control over registration requirements and public 
demonstrations made it difficult for unions to organize and strike. 
Such control reportedly increased as a result of the economic crisis 
during the year. Management and local authorities blocked worker 
attempts to organize strikes on many occasions by declaring them 
illegal. Government authorities and managers of state-owned enterprises 
routinely interfered with union activities and hindered workers' 
efforts to bargain collectively, in some instances arbitrarily 
suspending collective bargaining agreements.
    During the year the government continued efforts to suppress 
independent unions, stop union activities, and bring all union activity 
fully under its control. Its efforts included frequent refusals to 
extend employment contracts for members of independent unions and 
refusals to register independent unions. According to BCDTU leader 
Alyaksandr Yarashuk, no independent unions have been established since 
a 1999 decree requiring trade unions to register with the government. 
Workers who were deemed ``natural leaders'' or who involved themselves 
in NGOs or opposition political activities were fired routinely for 
these activities.
    Local authorities continued to deny multiple registration 
applications to the Vitsyebsk, Mahilyou, and Homyel chapters of the 
Belarusian Union of Electronic Industry Workers (REP). According to the 
REP, authorities refused to reregister the chapter in Mahilyou because 
the REP office proprietor had not agreed to register the office as its 
legal address due to harassment from officials. In 2009 a court in 
Mahilyou upheld the registration denial. Further attempts to reregister 
in Mahilyou also were denied. REP did not file registration 
applications for their chapters in Vitsyebsk, Mahilyou, and Homyel 
during the year but intended to do so in 2012.
    On January 14, KGB officers conducted a raid of the Minsk-based REP 
offices for four hours, seizing equipment and printed materials. A 
search warrant alleged that presidential candidate Andrei Sannikau's 
campaign team stored materials at REP premises, which were used in 
postelection demonstrations.
    In July state-run housing services in Smalyavichy unexpectedly 
refused a local REP chapter's request to extend a lease of offices that 
they had been renting for three years. The refusal came after the 
premises were burglarized a number of times and office equipment was 
stolen. The REP chapter requested the assistance of local authorities 
in finding a new office; however, authorities responded that there were 
no members of REP in Smalyavichy and the chapter should be shut down.
    In Baranavichy the management of a local factory dismissed engineer 
Viktar Tsyapin in December. Tsyapin linked his dismissal with his 
efforts to organize ``the people's assemblies,'' protests by the 
democratic opposition against poor economic conditions that were deemed 
unsanctioned by the government and for which Tsyapin was fined in 
October 875,000 rubles ($106). In a similar case, a private company in 
Baranavichy dismissed Anzhela Kambalava, who was also fined 350,000 
rubles ($42) for distributing leaflets about ``the people's 
assemblies'' in October.
    On November 14, Dzmitry Karashkou, an operator of a diesel 
locomotive at the railroad car repair plant in Homyel, was dismissed 
for participating in ``the people's assemblies'' and collecting his 
colleagues' signatures to petition for a twofold salary increase in 
October.
    On October 24-25, workers of the municipal service in charge of 
collecting garbage in Barysau walked out in protest of salaries as low 
as 600,000 rubles ($72). After negotiations with the management workers 
agreed to a monthly 20 percent increase of salaries in addition to a 
lump sum of 500,000 rubles ($60).
    In November workers at a farm in the Malaryta district went on a 
brief strike demanding wage increases. The farm management manipulated 
the situation and claimed to have raised their pay by 28 percent, which 
in fact was a nationwide raise for public sector workers as of October 
1.
    During the year authorities and state-run enterprises continued to 
pressure independent trade unions and deny their right to sign 
collective bargaining agreements. For example, after a year of three-
party negotiations, state-run oil refinery Naftan signed on January 28 
an agreement with the state-controlled trade union of chemical industry 
workers, leaving out the Belarusian Independent Trade Union (BITU), a 
member of the BCDTU. The management of Naftan refused to sign a 
separate agreement with the chapter of the BITU. On November 30, local 
authorities in Navapolatsk denied a fourth application from the BITU to 
stage an authorized picket in protest of the refusal.
    Since 2000 the government has required state employees, who 
constitute approximately 80 percent of the workforce, to sign short-
term work contracts. Although such contracts may have terms of up to 
five years, most expired after one year, which gave the government the 
ability to fire employees by declining to renew their contracts. Many 
members of independent unions, political parties, and civil society 
groups lost their jobs because of this practice. In March 2010 the 
president signed an edict providing the possibility for employers to 
sign open-ended work contracts after five years of good conduct. The 
edict limited the rights of employers to approve open-ended contracts 
earlier than five years after the service computation date and made no 
major changes to the contracting system. The provision did not apply to 
state employees and other categories of workers who remained subject to 
mandatory contracts.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports that women, 
men, and children were trafficked for commercial sexual exploitation 
and forced labor.
    Also see the Department of State's Trafficking in Persons Report at 
www.state.gov/j/tip.
    During the year the government approved ``subbotniks,'' which 
required employees of the government, state enterprises, and many 
private businesses to work on Saturday and donate their earnings to 
finance government social projects. Employers and authorities subjected 
workers who refused to take part to fines and intimidation. Minsk city 
authorities claimed that more than three million persons worked at a 
``subbotnik'' in April.
    There were reports that authorities forced men serving mandatory 
military service to undertake work that was unrelated to their military 
service. Credible sources also reported labor violations commensurate 
to forced labor in prisons. Former inmates stated that their monthly 
wages were as low as 5,000 rubles ($0.60)

    c. Prohibition of Child Labor and Minimum Age for Employment.--The 
law forbids the exploitation of children in the workplace, including a 
prohibition on forced and compulsory labor, and specifies policies for 
acceptable working conditions. The government generally implemented 
these laws in practice. However, there were reports that some children 
were compelled into forced labor.
    The minimum age for employment is 16; however, a child as young as 
age 14 may conclude a labor contract with the written consent of one 
parent or a legal guardian. The Prosecutor General's Office reportedly 
enforced the law effectively. Minors under age 18 were allowed to work 
in nonhazardous jobs but were not allowed to work overtime, on 
weekends, or on government holidays. Work was not to be harmful to the 
minors' health or hinder their education.

    d. Acceptable Conditions of Work.--As of December 1, the national 
minimum monthly wage was 925,520 rubles ($112). As of December 31, the 
average monthly wage was 2,877,658 rubles ($348). As of November 1, the 
government set the poverty line at 574,790 rubles ($69) a month per 
capita. The first deputy minister of labor and social security reported 
on December 28 that 59 organizations paid their workers wages below the 
established national minimum monthly compensation.
    The law establishes a standard workweek of 40 hours and provides 
for at least one 24-hour rest period per week. Because of the country's 
difficult economic situation, many workers worked considerably less 
than 40 hours per week, and factories often required workers to take 
unpaid furloughs due to lack of demand for the factories' products. In 
May amid deepening financial crisis and lack of foreign currency 
proceeds, the head of the National Statistics Committee stated that 
approximately 600,000 workers in industries were on furloughs due to 
their companies' failure to import raw materials. Given higher wages in 
Russia, labor migration to Russia, where Belarusians have the legal 
right to work, increased noticeably. The law provides for mandatory 
overtime and holiday pay and restricts overtime to four hours every two 
days, with a maximum of 120 hours of overtime each year.
    The law establishes minimum conditions for workplace safety and 
worker health; however, employers often ignored these standards. 
Workers at many heavy machinery plants did not wear minimal safety 
gear. There is a state labor inspectorate, but it lacked authority to 
enforce employer compliance and often ignored violations.
    As of November 1, the Ministry of Labor and Social Protection 
reported 173 workplace fatalities, down from 202 in the same period in 
2010. The ministry reported that the majority of workplace accidents 
were registered in the construction industry and were caused by 
carelessness, poor conditions, malfunctioning equipment, and poor 
training and instruction. The law does not provide workers the right to 
remove themselves from dangerous and unhealthy work environments 
without risking loss of employment.

                               __________

                                BELGIUM

                           EXECUTIVE SUMMARY

    The Kingdom of Belgium is a parliamentary democracy and a limited 
constitutional monarchy. The country is a federal state with several 
levels of government: national, regional (Flanders, Wallonia, and 
Brussels), language community (Flemish, French, and German), 
provincial, and local. The Federal Council of Ministers, headed by the 
prime minister, remains in office as long as it retains the confidence 
of the lower house (Chamber of Representatives) of the bicameral 
parliament. Federal parliamentary elections held in 2010 were 
considered free and fair. Security forces reported to civilian 
authorities.
    The main human rights problems in Belgium were significant 
overcrowding of the prisons and discrimination against racial and 
religious minorities in the labor market. In July the ban against the 
wearing of full-face veils in public places (commonly referred to as 
the ``burqa ban'') went into effect nationwide.
    Other human rights problems included violence against women, child 
abuse, and trafficking in persons.
    Belgium actively prosecuted and punished officials who committed 
abuses, whether in the security services or elsewhere in the 
government, and no cases of impunity were reported.
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 cruel, inhuman, or degrading treatment 
or punishment, and there were no reports that government officials 
employed these during the year.
    In its 2011 report on Belgium, Amnesty International cited 
allegations by protesters of excessive use of force by police following 
two demonstrations in Brussels in September and October 2010. The 
Permanent Oversight Committee on the Police Services opened 
investigations that were ongoing at year's end regarding the 
allegations.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions met most international standards, and the government 
permitted visits by members of parliament and independent human rights 
observers.
    Prison overcrowding remained a problem. In 2010 the total prison 
population reached a record high of 11,044, more than 20 percent above 
prison capacity of 9,179. To ease overcrowding, 500 inmates served part 
of their sentences in prisons in the Netherlands, and the Netherlands 
added 150 additional places in its prisons in December 2010. In 2010, 
43 inmates died in Belgian prisons. As of August 9, there were 443 
female inmates, constituting approximately 4 percent of the prison 
population. There were no specific reports of abuses or that women were 
treated worse than men in the seven prisons housing women. As of 
August, there were 87 juvenile inmates in special closed centers.
    Prisoners have access to potable water and recourse to a federal 
ombudsman. During 2010 there was an increase in the use of alternative 
sentences, especially for nonviolent offenders.
    Prisoners and detainees have reasonable access to visitors and are 
allowed religious observance. The authorities permitted prisoners and 
detainees to submit complaints and allegations of inhumane conditions 
to judicial authorities without censorship. Authorities investigated 
credible allegations of inhumane conditions and documented these 
results in a publically accessible manner. The government investigated 
and monitored prison and detention center conditions. A credible 2010 
internal evaluation issued by the penitentiary administration stated 
that prisons conditions were acceptable in 30 of 36 prisons.
    The government permitted visits to prisons and detention centers by 
members of parliament and independent human rights groups during the 
year. The federal mediator acts as an ombudsman allowing any citizen to 
address issues with the administration. In 2009 responding to a request 
from inmates from the Merksplas Prison, the federal mediator 
recommended the closure of one of the prison buildings because the 
cells were small, overcrowded, and lacked running water. Following the 
release of the mediator's report, the Ministry of Justice made the 
necessary improvements to reopen the building. During the year the 
ministry continued implementing the 2008-12 master plan to build seven 
new penitentiaries and upgrade existing infrastructure. Four new 
prisons were under construction and scheduled for completion by 2013, 
providing places for an additional 1,000 prisoners.
    Belgium generally complies with minimum U.N. standards for prisons. 
As of September, 89 articles of the ``Dupont'' law, clarifying the 
rights and obligations of inmates, became applicable. Accordingly, 
inmates received a handbook of internal regulations, which detail the 
standards for their living 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 federal police are 
responsible for internal security and nationwide law and order. In 2010 
the General Inspection Service examined 1,174 complaints against the 
police, primarily for violence and arbitrary detention, and 
subsequently forwarded two-thirds of these to the prosecutor's office. 
Of the complaints, six were for corruption and three for abuse of 
power. Civilian authorities maintained effective control over the 
federal and local police and the armed forces, and the government had 
effective mechanisms to investigate and punish abuse and corruption.

    Arrest Procedures and Treatment While in Detention.--Under the 
constitution an individual may be arrested only while committing a 
crime or by a judge's order carried out within 24 hours. The law 
provides a person in detention with the right to prompt judicial 
determination of the legality of the detention, and the authorities 
generally respected this right. Authorities promptly informed detainees 
of charges against them and provided access to an attorney (at public 
expense if necessary). Alternatives to incarceration included 
conditional release, community service, probation, and electronic 
monitoring. There is a functioning bail system. According to 2010 
figures, pretrial detainees made up approximately 35 percent of the 
total prison population. The average length of pretrial detention was 
90 days.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
All defendants are presumed innocent and have the right to be present, 
to be represented by counsel, to confront witnesses, to present 
evidence, and to appeal.
    The law gives domestic courts jurisdiction over war crimes and 
crimes against humanity that occurred outside the country when the 
victim or perpetrator was a citizen or legal resident of the country.

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

    Regional Human Rights Court Decisions.--Belgium is a party to the 
European Convention on Human Rights and subject to the jurisdiction of 
the European Court of Human Rights (ECHR). The government treated all 
ECHR decisions as binding.
    On January 21, the ECHR released its judgment in a case concerning 
an asylum seeker who fled Afghanistan in 2008 to apply for asylum in 
Europe. He entered the EU via Greece and proceeded to Belgium, which in 
2009 returned him to Greece, his point of entry into the EU. The ECHR 
ruled that returning asylum seekers to Greece violated the European 
Convention on Human Rights and the seeker's right to an effective 
appeal. The ECHR asked Belgium to implement an effective appeals 
procedure and ordered it to pay 24,900 euros ($32,370) in compensation.

    Civil Judicial Procedures and Remedies.--Individuals and 
organizations could seek civil remedies for human rights violations 
through the courts and appeal national-level court decisions to the 
ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and legal code prohibit such actions, 
and the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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.
    Holocaust denial is a criminal offense, and in a high-profile case, 
Roeland Raes, a prominent member of the right wing Vlaams-Belang party, 
was found guilty of Holocaust denial; his appeal was rejected during 
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 law provide for freedom of assembly and association, and the 
government generally respected these rights in practice. However, in 
October a police officer kicked a protestor in the face after he was 
arrested and handcuffed. The incident was recorded on video and posted 
to YouTube, prompting a review of police disciplinary procedures.

    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, including specific subsidiary protection that goes beyond 
asylum criteria established by the Geneva conventions.
    Laws remained in place that facilitated residency permits for 
aliens who had become victims of an unduly long asylum application 
process. The law also covered undocumented aliens who lived in a 
precarious humanitarian situation or who could prove that they were 
integrated into local society, by having lived in the country for at 
least five years or by being gainfully employed for at least one year.
    Regularization of legal status on the grounds of an unduly long 
application period, for urgent humanitarian reasons, or on medical 
grounds was granted to 24,199 applicants in 2010, compared with 14,830 
the previous year. During 2010 the Federal Agency for the Reception of 
Asylum Seekers (FEDASIL) provided shelter to 1,081 unaccompanied 
foreign minors who requested asylum.

    Safe Country of Origin/Transit.--Belgium signed and implemented the 
Dublin II Agreement, and following a court ruling, ceased transferring 
asylum seekers to Greece if it was the first EU country the asylum 
seeker entered.

    Nonrefoulement.--In practice the government provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened on account of their race, 
religion, nationality, membership in a particular social group, or 
political opinion. In the high-profile case of Saber Mohammed, Amnesty 
International deemed his return to Iraq was not voluntary, but rather 
occurred under pressure from the authorities.

    Refugee Abuse.--In 2010 authorities assigned 6,553 persons to 
closed centers, facilities that asylum seekers were not permitted to 
leave. The average stay in closed centers was 25 days. A new closed 
center intended to replace two older ones was under construction during 
the year. Public health and legal assistance are available on only a 
limited basis due to staffing shortages.

    Temporary Protection.--The law allows authorities to grant 
``subsidiary protection'' to individuals who might not qualify as 
refugees but who could establish that upon return to their home 
country, they would face the death penalty, torture, or other inhuman 
treatment.
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. Citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage. 
Voting in all elections is compulsory; failure to vote is punishable by 
a nominal fine.

    Elections and Political Participation.--Recent Elections.--Federal 
elections held in June 2010 were considered free and fair.

    Participation of Women and Minorities.--The constitution requires 
the presence of men and women in federal, regional, and local 
governments, and the law requires an equal number of male and female 
candidates on party tickets in European, federal, regional, provincial, 
and local elections. Failure to meet the requirement would nullify the 
elections and render any government thereby created illegal.
    Following the 2010 federal elections, there were 59 women in the 
150-seat federal Chamber of Representatives and 25 women in the 71-seat 
Senate (of the 40 directly elected senators, 17 were women). Five of 
the 23 federal cabinet ministers and state secretaries were women.
    There are seven members of Moroccan and Turkish origin in the 
Chamber of Representatives and five in the 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 were 
isolated reports of government corruption during the year, including a 
former minister-president of the Walloon region who admitted to 
pressuring a city to accept new invoices from a contractor.
    Following up on 2009 recommendations, in August the Council of 
Europe's Group of States against Corruption (GRECO) published its Third 
Round Evaluation Report on Belgium. The GRECO report noted that Belgium 
only partially implemented four recommendations on corruption and 
implemented only one of 11 recommendations on transparency of political 
party funding. Specifically, the report highlighted the lack of an 
independent institution to control funding of the parties.
    With some exceptions, such as material involving national security, 
the law provides public access to government information. The 
government respected this law in practice.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views. The 
government-sponsored Center for Equal Opportunities and Opposition to 
Racism (CEOOR) is responsible for promoting equal opportunity and 
combating all forms of discrimination, exclusion, or preferential 
treatment based on legally stipulated criteria. It also monitors 
respect for the fundamental rights of foreign nationals, observes the 
nature and scope of migration flows, and assists in antitrafficking 
efforts.
    The center enjoys a high level of public trust, is independent in 
its functioning, and is well-financed by the government.

    Government Human Rights Bodies.--Federal and regional government 
ombudsmen monitor and publish reports on the workings of agencies under 
their respective jurisdictions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the government generally enforced these 
prohibitions. The law identifies 18 grounds of possible discrimination 
subject to legal penalty: age, sexual orientation, civil status, birth, 
financial situation, religious belief, philosophical orientation, 
physical condition, disability, physical characteristics, genetic 
characteristics, social status, nationality, race, color of skin, 
descent, national origin, and ethnic origin. A separate law governs 
gender discrimination in the workplace. Under a directive issued by the 
Board of Prosecutors General, police and prosecutors must cite racial 
motivation if present when reporting or recording offenses. In such 
instances the prosecutor must escalate the case (e.g., in a racially 
motivated crime, the charge would additionally include a hate crime 
offense).

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal, and the government prosecuted such cases. In 2010 the 
federal police registered 2,911 rapes, a slight increase from the 
previous year, and 3,432 indecent assaults. A convicted rapist may be 
imprisoned for a minimum of 10 years to a maximum of 30 years depending 
on such factors as the age of the victim, the difference in age between 
offender and victim, the relationship between the pair, and the use or 
absence of violence during the crime. In a July report relying on 2008 
figures, U.N. Women highlighted the low sentencing rate in Belgium for 
rape and related crimes.
    The law prohibits domestic violence and provides for fines and 
incarceration. In the first half of 2011, federal police registered the 
following complaints related to domestic violence: 10,655 complaints of 
physical violence between partners (21,891 in 2010), 75 for sexual 
violence (123 in 2010), 10,483 of psychological violence (20,812 in 
2010), and 919 for economic violence between partners (1,778 in 2010). 
The Federal Institute for Equality of Men and Women coordinates a 
national action plan to combat violence between domestic partners. The 
2010-14 national action plan focuses on forced marriages, violence 
linked to honor, and genital mutilation.
    A number of government-supported shelters and telephone help lines 
were available across the country for victims of domestic abuse. In 
addition to providing shelter, many shelters assisted in legal matters, 
job placement, and psychological counseling to both partners. Reliable 
statistics on sexual harassment were not easily accessible since formal 
complaints could be filed with various entities. The law aims to 
prevent violence and harassment at work, obliging companies to set up 
internal procedures to handle employee complaints; the government 
generally enforced the antiharassment legislation.

    Reproductive Rights.--The constitution provides for complete 
freedom in the way that persons organize their private lives, including 
the basic right of couples and individuals to decide freely and 
responsibly the number, spacing, and timing of their children. Health 
clinics and local health NGOs operated freely in disseminating 
information on family planning. There are no restrictions on the right 
to access contraceptives. Men and women received equal access to 
diagnosis and treatment for sexually transmitted infections. According 
to estimates compiled by international organizations, in 2011 there 
were approximately five maternal deaths per 100,000 live births in the 
country.

    Discrimination.--Women have the same legal rights as men, including 
rights under family law, property law, in the judicial system, in labor 
relations, and in social welfare protection. The law also prohibits 
discrimination on the grounds of gender, pregnancy, or motherhood as 
well as sexual intimidation in labor relations and in access to goods, 
services, social welfare, and health care.
    The Federal Institute for the Equality of Men and Women, 
responsible for promoting gender equality, may initiate lawsuits if it 
finds that equality laws have been violated. Most complaints received 
during the year were work-related and most concerned the termination of 
employment contracts due to pregnancy.
    During the year the government continued implementation of the 
Gender Mainstreaming Act of 2007, which obliges authorities to address 
gender aspects in planning policy, collecting data, drafting budgets, 
awarding contracts, and drafting reports.
    Economic discrimination against women continued. During the year 
the Federal Institute for the Equality of Men and Women released a 
survey (based on 2007 data) showing an average gap of 11 percent in the 
gross wages paid to men and women. The gap was 27 percent for white-
collar and 16 percent for blue-collar workers. Taking into account 
part-time work, the overall wage gap was 25 percent. Data from the 
European Professional Women's Network indicated that women filled 11.1 
percent of the positions on boards of directors of leading private 
companies compared with 7 percent in 2008. In June parliament approved 
a law requiring a one-third quota of women on all boards of public and 
publicly traded companies, but not private companies. The law was 
published in the national gazette on September 14, and subsequently 
went into effect.

    Children.--Birth Registration.--The government registered all live 
births immediately, and citizenship is conferred on a child through the 
parents' nationality.

    Child Abuse.--In the first half of 2011, the federal police 
registered 78 complaints of child abandonment (167 in 2010), 119 of 
neglect (256 in 2010), 90 of food deprivation (113 in 2010), and 2,065 
involving physical, sexual, psychological, or economic child abuse 
within the family (3,686 in 2010). The NGO Child Focus reported 
handling 2,203 missing children and child abuse cases in 2010, a slight 
increase over 2009.

    Sexual Exploitation of Children.--The law provides for the 
protection of youth against sexual exploitation, abduction, and 
trafficking and includes severe penalties for child pornography and 
possession of pedophilic materials. The penalties for producing and 
disseminating child pornography range from five to 15 years' 
imprisonment, and from one month to one year for possession of such 
material. The law permits the prosecution of residents who commit such 
crimes abroad and provides that criminals convicted of the sexual abuse 
of children must receive specialized treatment before they can be 
paroled and must continue counseling and treatment after their release 
from prison. Child Focus handled 331 sexual abuse cases and continued 
its Internet-based public awareness campaigns during the year. In 2010 
the group received 1,320 reports of child pornography on the Internet, 
a significant decline from the previous year, and forwarded such cases 
to specialized units of the federal police.
    According to official figures, in the first half 2011, the federal 
police investigated 210 child pornography cases (387 in 2010). The 
trial of a lawyer who previously worked on the case of the child killer 
Marc Dutroux also ended in 2011. The lawyer was accused of illegal 
possession of child pornography. He received a 10-month suspended 
prison sentence.
    The minimum age for consensual sex is 16. Statutory rape carries 
penalties of imprisonment from 15 to 20 years. If the victim is under 
the age of 10, imprisonment increases to 20 to 30 years.
    In 2010 the federal prosecutor launched investigations into 
allegations of child abuse carried out over many years by Roman 
Catholic priests. Although the statute of limitations no longer allows 
criminal charges to be filed against the alleged perpetrators, the 
church in May agreed in principle to compensate some of those claiming 
to be victims.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The size of the Jewish community was estimated at 
40,000 to 50,000. During the year there were 32 reports of anti-Semitic 
acts, including physical attacks and verbal harassment of Jews and 
vandalism of Jewish property. The law prohibits public statements that 
incite national, racial, or religious hatred, including denial of the 
Holocaust.
    In May Senator Jacques Brotchi, a neurosurgeon and federal senator, 
resigned from his position on the fundraising committee of the Free 
University of Brussels, citing anti-Semitism within the university 
including anti-Semitic comments in a student magazine. In September 
Brotchi stated that after meeting with the rector of the university, he 
believed the executive board was taking necessary measures to counter 
these incidents.
    Anti-Semitic statements were observed in some private media 
outlets: In June an article published in a local circular in the beach 
town of Knokke included disparaging statements about the Jewish people 
as well as Israel. The anonymous author wrote, ``It is no wonder that 
we do not love Jews, they consider themselves supermen like the 
Nazis.'' The city council of Knokke decided to remove the newsletter in 
question from publication after Belgian Jews and the Mayor of Knokke 
condemned the incident.
    On November 18, in Brussels, a 13-year-old Jewish girl was 
assaulted physically and reportedly subjected to anti-Semitic epithets 
by five Belgian girls of Moroccan origin. The Belgian authorities 
immediately launched an investigation of the case.

    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 the protection of 
persons with physical, sensory, intellectual, and mental disabilities 
from discrimination in employment, education, and access to health care 
and other state services. In 2010 the CEOOR noted an increase of 
complaints for alleged discrimination based on disability or health 
condition. The CEOOR received 319 complaints in 2010, compared with 255 
in 2009. Most were employment-related and concerned access to private 
and public buildings and services, including public transport and 
access to banks, bars, and restaurants. While the government mandated 
that public buildings erected after 1970 must be accessible to such 
persons, many older buildings were still inaccessible because of 
preservation orders.

    National/Racial/Ethnic Minorities.--The CEOOR and other NGOs 
reported that skin color and dress associated with Islam were the most 
important factors contributing to intolerance and discrimination, 
especially in the areas of housing, education, and employment. Muslim 
women who wore headscarves faced particular discrimination in 
professional-level employment. On July 23, a national ban on wearing 
the full-face veil in public places came into effect, and there have 
been three known instances of the ban being enforced. In the first, the 
husband of a woman wearing a full-face veil became upset and hit a 
police officer when police demanded she remove her veil to identify 
herself; in the second, the police issued a fine to two women wearing 
full-face veils in a courtroom. The women were there in conjunction 
with a lawsuit they had filed challenging the constitutionality of the 
ban; and in the third, on December 27 a woman wearing a niqab while 
shopping was stopped by the police, causing a physical altercation with 
the husband. Offenders may be fined 137.50 euros ($178) and face up to 
seven days in jail.
    In 2010 most complaints received by the CEOOR concerned nationality 
and ethnic descent (42 percent), physical disabilities (18 percent), 
and discrimination on the grounds of religious and philosophical 
orientation (12 percent). Discriminatory acts primarily took place at 
work or over the Internet. The CEOOR deemed 22 percent of the 
complaints it received to be justified.
    Data released by the Ministry of Justice indicated that in 2010 the 
courts dismissed 60 percent of cases of alleged discrimination based on 
ethnicity or sexual orientation.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--According to the CEOOR, 6 
percent of all complaints it received in 2010 concerned discrimination 
based on sexual orientation (85 cases), most of which were work-
related.
    The CEOOR investigated violence and discrimination based on sexual 
orientation in 2010 and concluded that victims consistently filed only 
a limited number of formal complaints on these grounds. During 2010 
only four complaints regarding sexual orientation were filed with the 
public prosecutor's offices. According to the CEOOR, the underreporting 
of violence and discrimination was due to feelings of shame on the part 
of the victim, fear of ``victimization,'' a willingness to forget and 
be ``above it,'' or the strong belief that filing a complaint would not 
change anything. As a result, in June the CEOOR launched a campaign to 
encourage LGBT victims of violence and discrimination to file 
complaints.

    Other Societal Violence or Discrimination.--The CEOOR also received 
complaints of discrimination based on physical characteristics, 
political orientation, social origin, or status. Each of these 
categories accounted for approximately 1 percent of the total number. 
There were four cases of discrimination against persons with HIV/AIDS 
in 2010.
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 
of their choice without previous authorization or excessive 
requirements, conduct legal strikes, and bargain collectively. Workers 
exercised these rights in practice, with Belgian and non-Belgian 
workers enjoying the same rights. The law allows unions to conduct 
their activities without interference, and the government protected 
this right in practice. Work council elections are mandatory in 
enterprises employing more than 100 employees, and safety and health 
committee elections are mandatory in companies employing more than 50 
employees.
    The law provides for the right to strike for all private and all 
public workers, except for the military. The law prohibits antiunion 
discrimination and employer interference in union functions, and the 
government protected this right in practice. However, the International 
Trade Union Confederation (ITUC) noted in its 2011 survey of violations 
of trade union rights that it was concerned about repetitive attempts 
by employers in Belgium to restrict the right to strike through legal 
emergency actions.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports that such 
practices occurred. Women, men, and children from Eastern Europe, sub-
Saharan Africa, and Asia were subjected to commercial sexual 
exploitation and forced labor. Female victims, including children, were 
engaged in prostitution in massage parlors, as escorts, and by means of 
the Internet. Male victims were forced to work in restaurants, bars, 
sweatshops, horticulture, and construction sites. Police and courts 
used appropriate legislation to combat economic 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.--
There are laws and policies to protect children from exploitation in 
the workplace, and the government generally enforced these laws. The 
minimum age of employment is 15. Persons between the ages of 15 and 18 
may participate in part-time work and study programs and work full time 
during school vacations. The Ministry of Employment regulates 
industries that employ juvenile workers to ensure that labor laws are 
followed and occasionally grants waivers for children temporarily 
employed by modeling agencies and in the entertainment business. In May 
2010 a Belgian appeals court ruled that a mother should be allowed to 
beg with her own children since they were neither forced nor hired, 
despite the U.N. Committee for Children's request that Belgium forbid 
child beggars, with or without their parents.

    d. Acceptable Conditions of Work.--The monthly national minimum 
wage was 1,443.54 euro (approximately $1,877) for workers 21 years of 
age, 1,481.86 euro ($1,927) for workers 21 1/2 years of age with six 
months of service, and 1,498.87 euro ($1,949) for workers 22 years of 
age with one year of service. The poverty income level in 2011 was 899 
euros ($1,169) per month for a single adult.
    The standard workweek is 38 hours, and workers are entitled to four 
weeks of annual leave. Departure from these norms can occur under a 
collective bargaining agreement, but work may not exceed 11 hours per 
day and 50 hours per week. An 11-hour rest period is required between 
two work periods. Overtime is paid at a time-and-a-half premium Monday 
through Saturday and at double time on Sundays. The Ministry of Labor 
and the labor courts effectively enforced these laws and regulations. 
The law forbids or limits excessive overtime. Without specific 
authorization, no employee can accumulate more than 65 hours of 
overtime during one quarter.
    The Employment and Labor Relations Federal Public Service generally 
enforced regulations effectively. Inspectors from both the Ministry of 
Labor and the Ministry of Social Security enforced regulations on the 
labor market. These ministries jointly ensure that standards are 
effectively enforced in all sectors, including the informal sector, and 
that wages and working conditions are consistent with collective 
bargaining agreements. In addition to fines, poor working conditions 
may be reported as ``trafficking in persons'' cases. During the year 
there were 142 labor inspectors for 268,078 private companies 
responsible for the well-being of 3,739,760 workers. The average of one 
inspector per 26,188 workers is below the recommendation of one 
inspector per 10,000 workers from the Senior Labour Inspectors 
Committee (SLIC) of the European Agency for Safety and Health. In 2010 
there were 178,499 work-related accidents, including 27,555 accidents 
on the way to and from work. There were 138 work-related deaths, 
including 56 on the way to and from work.

                               __________

                         BOSNIA AND HERZEGOVINA

                           EXECUTIVE SUMMARY
    Bosnia and Herzegovina consists of two entities within the state, 
the Federation of Bosnia and Herzegovina (the Federation) and the 
Republika Srpska (RS). The 1995 General Framework Agreement for Peace 
(the Dayton Accords) provides for a democratic republic with a 
bicameral parliament but assigns many governmental functions to the two 
entities. The Dayton Accords also provide for a high representative who 
has the authority to impose legislation and remove officials. In 
October 2010 the country held general elections that international 
observers deemed free and fair. As of year's end the country had not 
formed a government, although leaders reached an agreement to do so 
early in 2012. Security forces reported to civilian authorities.
    Deep-seated ethnic divisions continued to foster widespread 
discrimination in most aspects of daily life, undermined the rule of 
law, distorted public discourse in the media, and obstructed the return 
of persons who were displaced during the 1992-95 conflict. Other 
significant problems affecting the country included poor conditions and 
overcrowding in prisons, and harassment and intimidation of journalists 
and civil society.
    Other human rights problems in the country included deaths from 
landmines; mistreatment of prisoners; police failure to inform 
detainees of their rights or allow effective access to legal counsel 
prior to questioning; government corruption; discrimination and 
violence against women and sexual and religious minorities; 
discrimination against persons with disabilities; trafficking in 
persons; and limits on employment rights.
    Both entities and the Brcko District maintained units that 
investigated allegations of police abuses, meted out administrative 
penalties, and referred cases of criminal misconduct to prosecutors. 
These units generally operated effectively and there were no reports of 
impunity during the year.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings. Domestic courts and the International Criminal 
Tribunal for the former Yugoslavia (ICTY) continued to adjudicate cases 
arising from killings during the 1992-95 conflict. The BiH Court War 
Crimes Chamber and entity courts continued conducting war-crimes trials 
during the year. By December, there were 17 convictions against 22 
individuals at the BiH Court, with prison sentences totaling 182 years. 
There were also 12 appellate verdicts against 20 individuals with 
prison sentences totaling 252.5 years. Other courts in BiH completed 15 
war crimes cases involving 20 individuals. During the year Ratko Mladic 
and Goran Hadzic, the last two major Bosnian Serb war crimes indictees 
wanted by the ICTY, were captured in Serbia and transferred to The 
Hague for trial.
    In October a state-level court sentenced wartime RS Army Battalion 
Commander Momir Pelemis and Assistant Battalion Commander Slavko Peric 
to 16 years and 19 years in prison, respectively, for genocide for 
their roles in the massacre of an estimated 1,500 prisoners in 
Srebrenica in 1995.
    Despite local and international efforts to prosecute war crimes, 
many lower-level perpetrators remained unpunished, including those 
responsible for the approximately 8,000 persons killed in the 
Srebrenica genocide and those responsible for approximately 10,000 
other persons who are missing and presumed to have been killed during 
the 1992-95 war. Implementation of the National Strategy for Processing 
War Crimes cases was slow, given the complexity of cases and the dearth 
of budget and personnel support extended to the state, entity, district 
and cantonal courts, and prosecutor's offices.
    During the year 14 landmine accidents killed nine persons and 
injured 13. Two of the nine persons killed were deminers. For a second 
consecutive year, state-level lawmakers failed to allocate any money 
for demining as required under the country's 2009-19 Demining Strategy 
and 2010 Revised Annex VII (internally displaced persons [IDP] and 
refugee) strategy. According to the country's Mine Action Center, by 
year's end there were still some 11,000 active mine fields (an 
estimated 220,000 devices) endangering more than 900,000 residents 
throughout the country. In many cases the presence of landmines slowed 
return of IDPs and exhumation of mass graves.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, the Council of 
Europe's Committee for the Prevention of Torture (CPT) as well as other 
institutions reported that police physically mistreated individuals at 
the time of their arrest and during detention, and that detention 
facility staff at times physically abused prisoners.
    In March the CPT published a report of its 2009 ad hoc visit to 
several prisons that it identified in 2007 as having problems. While 
the CPT identified some improvements since 2007, it found that 
fundamental measures required to improve the situation in prisons and 
other detention facilities had not been taken and repeated many of the 
criticisms in the report on its 2007 visit.
    The CPT delegation documented a significant number of credible 
allegations of serious physical mistreatment of prisoners by the police 
and other law-enforcement officials, including kicking, punching, and 
blows with batons and baseball bats. The majority of reported incidents 
allegedly occurred during police questioning, sometimes for prolonged 
periods, prior to placement in holding cells or transfer to the 
prosecutor's offices. According to the CPT, there were several 
allegations that mistreatment aimed at forcing confessions is a 
frequent practice by crime inspectors at the Banja Luka Central Police 
Station. One person detained at that station claimed to have been 
handcuffed to a radiator for several hours and subjected to several 
charges from a hand-held electro-shock device. Many persons interviewed 
by the CPT delegation alleged that the right of notification of custody 
had been granted to them, and that they were permitted to contact 
relatives only after police questioning rather than immediately 
following arrest.
    The Council of Ministers maintained an independent commission to 
monitor conditions at prisons and other facilities for incarcerating 
persons, including psychiatric centers. During the year the commission 
visited the psychiatric facility in Sokolac. It determined that 
conditions were extremely poor and the clinic was understaffed, 
especially lacking medical doctors. Among other problems, commission 
members observed a patient bound to his bed because he was being 
``aggressive.'' Other patients alleged that he was drugged, as he 
wanted to speak with commission members about mistreatment he had 
experienced at the facility.

    Prison and Detention Center Conditions.--The CPT and other credible 
authorities reported that unsanitary and unhygienic conditions in the 
country's prison and detention centers posed significant threats to the 
health of detainees. There were also significant problems with 
prisoner-on-prisoner violence or intimidation at Zenica and Foca 
prisons, and medical care was inadequate. For example, prisoners at the 
Sarajevo prison sometimes lacked on-call health services because prison 
administrators failed to replace the retired general practitioner 
during the previous year. During the year there were no reported deaths 
in the country's prisons and detention centers. Poor hygiene and 
antiquated facilities remained serious problems. Prisoners had access 
to adequate potable water.
    During the year the Council of Ministers' commission monitoring 
conditions in prisons visited prisons in Zenica, Doboj, Tuzla, and 
Bihac. In its report, the commission documented substandard conditions 
and overcrowding in Zenica prison. The commission also received 
numerous complaints regarding poor health care in Zenica prison and 
recommended that the Federation Ministry of Justice allocate additional 
funding to improve the hygienic conditions in the prison's kitchen and 
ensure greater work opportunities for the prisoners. During prison 
visits from September through December, the country's human rights 
ombudsman witnessed several instances of unsanitary food preparation, 
including the presence of cockroaches in food served to prisoners at 
the Zenica prison.
    Reporting on its 2009 visit, the CPT noted some progress at Zenica 
Prison since its 2007 visit. For example, there were no reports of 
mistreatment of prisoners by prison staff. However, in the Banja Luka 
Prison, prisoners alleged frequent mistreatment by prison officers. The 
CPT also noted improvement with regard to intimidation among prisoners 
and violence in Zenica Prison. During the year several ethnic Serb-
minority prisoners were offered separate accommodations by the Zenica 
prison administration after several reported incidents of verbal abuse 
by other prisoners, but reportedly declined because they would lose 
work opportunities. There were also a number of allegations of 
intimidation among prisoners in Foca Prison. The ombudsman reported 
that verbal abuse of prisoners and visiting family members had 
generally become more of a problem than physical abuse in both 
entities' prisons.
    As of December 31, there were 2,873 persons incarcerated in the 
country (1,819 in the Federation and 1,054 in the RS). The government 
estimated the total capacity of Federation and RS prisons at 2,942 
persons. During the year construction of the first state-level prison 
for some 350 inmates began in East Ilidza. Meanwhile, prisoners 
convicted of state-level crimes remained incarcerated in entity 
prisons.
    The ombudsman noted that both entities had decreased overall 
overcrowding during the year by expanding facilities in Tuzla and Foca 
to add capacity for some 200 inmates. However, the ombudsman observed 
that overcrowding remained a serious problem at the Sarajevo prison, 
where the ombudsman noted up to 26 prisoners held in two small rooms. 
By year's end prison authorities did not act on the ombudsman's 
recommendation to transfer all prisoners from the Sarajevo prison to 
the Igman correctional facility and to use the Sarajevo facility only 
as a short-term detention center. The CPT reported that in some cases 
juveniles were held separately in the same facility as adult offenders. 
There were no reports that women were incarcerated under conditions 
that were less favorable that for men.
    The Council of Ministers' commission criticized conditions in the 
correctional facility for minors in Tuzla, particularly for failing to 
meet minimum education standards. The commission reported that children 
spent most of their time in locked rooms that were previously used as 
prison cells. The commission urged the government to relocate this 
facility as soon as possible.
    In the women's prison the commission described the attitude of the 
prison management toward the prisoners as ``totally unacceptable'' and 
called on competent authorities to hold the prison director 
responsible. The commission observed that prison authorities did not 
adequately monitor the well-being of female inmates, permit them 
opportunities to discuss conditions with prison administrators, or 
provide them with opportunities to work.
    Prisoners and detainees generally had access to visitors and were 
permitted religious observance. However, the Council of Ministers 
commission noted cases during the year where female inmates were not 
permitted family visitation, including a mother who was not permitted 
to visit with her two-year-old daughter. In a few instances prison 
administrators in the RS reported not having enough guards to escort 
Muslim prisoners to prayer rooms five times per day, as is customary 
under Islamic tradition.
    During the year there were reports of delays by law enforcement 
agencies in keeping records of arrests prior to transfer of an arrested 
person to a prosecutor's office. There were also reports that medical 
staff in the prisons neither documented the injuries of prisoners in 
detail nor stated whether the injuries observed were consistent with 
any allegations of mistreatment made by the prisoner.
    The law also allows detainees and prisoners to send their requests 
or complaints to the country's ombudsman, who has authority to advocate 
for the rights of prisoners, including juveniles, regarding status and 
circumstances of confinement, bail, overcrowding, and other conditions. 
In contrast to previous years, there were no reports that prison 
authorities failed to forward requests from inmates to the ombudsman. 
The law provides for the right of prisoners to communicate, file 
complaints, and expect expeditious resolution of violations. The 
ombudsman can also advocate on behalf of prisoners to improve pretrial 
conditions and recordkeeping to ensure that prisoners do not serve 
beyond the maximum sentence for the charged offense. The ombudsman 
lacked authority to advocate for alternatives to incarceration for 
nonviolent offenders to alleviate overcrowding.
    During prison visits in the RS in 2009, the CPT found that inmates 
could lodge complaints with prison staff, including the director, and 
also address the Ombudsman's Office. However, the CPT observed that 
there was no policy providing for the confidentiality of such 
correspondence. For example, in Banja Luka prison, the prisoners on 
remand had to hand over all correspondence to prison staff unsealed.
    The CPT noted that, as of 2009, there appeared to be no 
comprehensive strategic approach for reforming the country's prison 
system to cope with the expected increase in the number of inmates and 
the more challenging profile of prisoners. The CPT also noted that each 
entity operates its prisons autonomously, while the State Ministry of 
Justice is responsible for the pretrial detention unit of the State 
Court.
    The government permitted independent human rights observers to 
visit and gave international community representatives widespread and 
unhindered access to detention facilities and prisoners. On April 15, a 
CPT delegation traveled to Bosnia and Herzegovina for the fifth time, 
visiting all major police stations, immigration detention centers, 
prison facilities, prosecutor's offices, psychiatric institutions, and 
social care homes; a report on the visit had not been released by 
year's end. The International Committee of the Red Cross (ICRC) 
continued to have access to detention facilities under the jurisdiction 
of the ministries of justice at both the state and entity levels.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The law extends 
significant overlapping law enforcement competencies to the state-level 
government, to each entity, and to the Brcko District, each of which 
has its own police force. An EU military force continued to support the 
country's government in maintaining a safe and secure environment for 
the country's population. NATO offices in Sarajevo continued to assist 
the country's authorities in the implementation of defense reform, 
counterterrorism, and cooperation with the ICTY. The EU Police Mission 
remained in the country to monitor the local police.
    Civilian authorities maintained effective control over the security 
forces, and the government has effective mechanisms to investigate and 
punish abuse and corruption. While there were no reports of impunity 
during the year, there were continued reports of corruption within the 
entity- and state-level security services. Professional standards units 
are the internal affairs investigative units in each entity's interior 
ministry and in the Brcko District.

    Arrest Procedures and Treatment While in Detention.--Police 
generally arrested persons openly with warrants based on sufficient 
evidence. The law provides that authorities inform detainees of the 
charges against them immediately upon first questioning.
    The law requires police to bring suspects before a prosecutor 
within 24 hours of detention. During this period, police may detain 
individuals for up to six hours at the scene of a crime for 
investigative purposes. The prosecutor has an additional 24 hours to 
release the person or to bring the person before a judge who decides 
whether the detainee should remain in pretrial custody. There is a 
functioning bail system. The law allows detainees to request a lawyer 
of their own choosing; however, during the year, there were reports 
that the government did not always respect detained persons' right to 
prompt access to an attorney.
    The RS government and five cantons in the Federation pay for an 
attorney if the defendant is indigent. Lacking laws on free legal 
assistance, indigent defendants in state-level courts and in six 
Federation cantons had to seek representation from nongovernmental 
organizations (NGOs) providing free legal services. The RS and five 
Federation cantons provided attorneys employed by their justice 
ministries, which also employed the prosecutors trying the cases. Civil 
liberties groups criticized this conflict of interest. There were no 
reports that suspects were detained incommunicado, or held under house 
arrest. The law provides for the right to a speedy trial. The law 
generally limits pretrial detention to one year.
    No cases of arbitrary arrest or detention were reported during the 
year.
    The law provides for strict limitations on the duration of custody 
during both the pre-indictment phase and after confirmation of the 
indictment. In order for custody to be continued, the court must review 
the case at regularly prescribed intervals. The defendant has the right 
to appeal custody. These rights were respected in practice.

    e. Denial of Fair Public Trial.--The state constitution does not 
explicitly provide for an independent judiciary, but the laws of both 
entities do. Political parties and organized crime figures sometimes 
influenced the judiciary at both the state and entity levels in 
politically sensitive cases.
    The court system suffered from large backlogs of cases and a lack 
of an effective mechanism to enforce court orders. Inefficiency in the 
courts undermined the rule of law by making recourse to civil judgments 
less effective. There was a backlog of nearly two million unresolved 
civil cases, more than one-half involving utility bills. Authorities 
estimated that 10 percent of the cases involved criminal matters. 
According to the 2008 report of the Center for Human Rights of Sarajevo 
University, more than 20 percent of decisions of the State 
Constitutional Court had not been implemented; the majority of the 
cases pertained to so-called ``systematic failures'' of government, 
such as problems concerning missing persons, old currency savings, and 
compensation for war damages.

    Trial Procedures.--The laws of the Federation and the RS provide 
that defendants enjoy a presumption of innocence, but the law does not 
provide for trial by jury. The law provides for the right to counsel at 
public expense, if charged with a serious crime. However, courts did 
not always appoint defense attorneys where the maximum sentence was 
less than five years. The law provides defendants the right to confront 
witnesses, to present witnesses and evidence on their own behalf, to 
access government-held evidence relevant to their case, and to appeal 
verdicts, and these rights were generally respected in practice.
    The BiH Prosecutor's Office continued to use plea agreements in 
some cases. The country has a national strategy for the prosecution of 
war crimes that foresees the prosecution of the most complex war crimes 
cases by 2016 and all other war crimes cases by 2024.

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

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR). The country complied with 
ECHR judgments requiring individual measures either through actual 
remedies or by submitting action plans for compliance to ECHR. However, 
it remained noncompliant with the ECHR's 2009 Sejdic-Finci judgment 
that the country's constitutional provisions on ethnic minorities 
running for certain elected offices violated the European Convention on 
Human Rights.

    Civil Judicial Procedures and Remedies.--The law provides for 
individuals and organizations to seek civil remedies for human rights 
violations, and provided the right to appeal decisions to the ECHR. The 
government generally complied with domestic and regional court 
decisions pertaining to human rights.

    Property Restitution.--The country's four traditional religious 
communities had extensive claims for restitution of property that was 
nationalized after World War II. In the absence of state legislation 
specifically governing restitution of nationalized properties, return 
of former religious properties continued on a case-by-case basis at the 
discretion of municipal officials; these officials rarely completed 
such restitution and usually did so in favor of the majority group in 
their particular municipality.
    Many officials used property restitution cases to provide political 
patronage. In a few cases government officials refused to return 
properties legally recognized as belonging to religious institutions. 
During the year the governments did not undertake any activities to 
fulfill the June 2010 agreement to return the building that housed the 
University of Sarajevo's economic faculty to the Serb Orthodox Church, 
whose ownership of the building had been legally recognized before the 
1992-95 conflict.
    Roma displaced during the 1992-95 conflict had difficulty 
repossessing their property as a result of discrimination and because 
they lacked documents proving ownership or had never registered their 
property with local authorities.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice.
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 
government did not always respect press freedom in practice. Laws 
delegated safeguarding freedom of the press to the cantons in the 
Federation and to the entity-level authorities in the RS. Government 
respect for freedom of speech and the press did not improve during the 
year.

    Freedom of Speech.--At times, the RS government used fines to 
dissuade political expression. In October, Banja Luka city authorities 
fined the NGO ``Ostra nula'' 1,400 convertible marks ($926) because the 
organization placed a banner stating ``I Just Do Not Want to Leave This 
Place'' at Banja Luka's central square. ``Ostra nula'' placed the 
banner to protest the fact that BiH did not have a new state-level 
government a year after general elections.
    The Federation's criminal code prohibits hate speech. The RS 
criminal code does not specifically proscribe hate speech, although the 
law prohibits causing ethnic, racial, or religious hatred. In practice 
many media outlets used with impunity incendiary language, often 
nationalistic, on matters related to ethnicity, religion, and political 
affiliation. Independent analysts noted a tendency by politicians and 
other leaders to label unwanted criticism as hate speech. By year's 
end, the country's Communications Regulatory Agency (CRA) had not 
registered any cases of hate speech for the year.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views but were subject to undue influence from 
government, political parties, and private interest groups. Media 
reporting continued to be divided along ethnic lines.
    The CRA is charged with regulating all aspects of the country's 
electronic media (television and radio). Political pressures on the CRA 
continued, with politicians often alleging that the CRA lacked 
impartiality. The CRA's independence and effectiveness were further 
undermined by the failure of the Council of Ministers to confirm the 
appointment of a new CRA general manager and other legal hurdles. While 
the state-level public broadcaster, Bosnia and Herzegovina Radio and 
Television (BHRT), continued to have limited viewership, it ostensibly 
maintained an objective, nonpartisan editorial policy. In contrast, the 
two entities' public broadcasters, the most viewed television 
broadcasters in the country, continued to reflect views of the ruling 
parties in the respective entities. The steering boards of all three 
public broadcasters failed to establish a single steering board to 
oversee a unified public broadcasting system, as required by the law.
    Pressures against the BHRT continued. On December 14, the president 
of the RS said it should be abolished, claiming that a state-level 
broadcaster was not in the interest of RS citizens and they should not 
be required to finance the BHRT.
    On April 26, the Steering Board of the BHRT, whose members are 
approved by parliament, amended its charter to extend its supervisory 
function to include full editorial and managerial control over the 
BHRT. The Vienna-based representative of the Organization for Security 
and Cooperation in Europe (OSCE) on media freedom sent a letter to the 
BiH parliament warning that the changes undermined the broadcaster's 
editorial independence. Free Media Help Line noted in its end of year 
report that the new statute was being implemented since November.
    In October the Steering Board replaced the BHRT's general manager 
for the third time despite numerous court rulings that this action was 
unlawful. The general manager pressed charges against the BHRT before 
the state-level court, asking for a temporary decision ordering his 
return to work. On December 15, the court rejected the general 
manager's demands for reinstatement. The case was under appeal at 
year's end.
    Many privately owned newspapers were available and expressed a wide 
variety of views. A number of independent print media outlets continued 
to encounter financial problems that endangered their operation. The 
Press Council of Bosnia and Herzegovina, the organization responsible 
for self-regulation of online and print media content, registered eight 
cases of hate speech in print media and on-line media from May to 
October.
    For the third consecutive year, the RS government provided direct 
budgetary support to a select group of media outlets by funding special 
projects without public tenders or defined criteria. While the RS 
government claimed that the money was available to all, those outlets 
that received financial support were far more likely to take a 
progovernment line and report less on and even ignore opposition 
activities.

    Violence and Harassment.--During the year there were credible 
reports of intimidation of and politically motivated litigation against 
journalists for unfavorable reporting on government leaders. The Free 
Media Help Line (a part of the Bosnia and Herzegovina Journalists 
Association) registered 52 cases involving violations of journalists' 
rights and freedoms or pressure from government and law enforcement 
officials, and there were 16 cases of pressure on and threats against 
journalists , including one death threat and four physical attacks. 
Other cases involved denial of access to information and violation of 
employees' rights. Several incidents reported during the year involved 
violence against journalists or possible attempts to intimidate the 
media. In some cases, these pressures resulted in self-censorship by 
media.
    As of year's end, FTV's former news director, Duska Jurisic, who 
was fired in January 2010, reached a settlement with the public 
broadcaster that had not complied with several court orders to 
reinstate her. Many media analysts asserted her firing was a response 
to her independent reporting on a variety of political and social 
topics in recent years. Jurisic moved to a different media outlet, and 
FTV agreed to pay her back pay in accordance with earlier court 
rulings.

    Censorship or Content Restrictions.--Some political parties, 
through public companies they control, used advertising and other 
mechanisms to pressure media outlets that published items counter to 
their interests, indirectly censoring the media and influencing the 
editorial polices of some media outlets. As a result, some media 
outlets practiced self-censorship.
    In some instances media sources reported officials threatened media 
outlets with loss of advertising or limited their access to official 
information. Politicians and government officials also accused media 
outlets of opposing a given ethnic group or betraying their own ethnic 
group.

    Libel Laws/National Security.--Defamation laws exist at the entity-
level. However, the government, including the courts, did not fully 
implement these laws in practice.
    During the year, the Press Council considered 96 complaints related 
to print and online media, accepting 29 as valid and rejecting 28 as 
unfounded. In 32 cases, media outlets published a refutation or a 
retraction, in accordance with the council's policy of self-regulation 
and mediation. In five cases, the Press Council gave instructions for 
further complaint procedures, and two cases were still ongoing. Most of 
the complaints accepted by the council involved allegations that print 
media outlets denied persons the right to respond to reports and 
articles that they considered false or defamatory. One lawsuit for 
defamation was dismissed through the Press Council's mediation. 
According to local media analysts, the level of pressure against the 
Press Council remained unchanged during the year.
    In August RS President Milorad Dodik won defamation court cases 
against three FTV employees in the Banja Luka Basic Court. The court 
ordered the employees to pay Dodik compensation of 5,000 convertible 
marks ($3,310) for mental anguish and damage to his reputation from a 
story broadcast on FTV's show 60 Minutes in 2008.
    In May the Association of BiH Journalists, the Free Media Help 
Line, and the BHRT's editorial board strongly condemned alleged efforts 
by BHRT Steering Board Chairman Ahmed Zilic to pressure Benjamin 
Butkovic, acting editor of BHRT News Programs, to influence Butkovic's 
story on changes to the BHRT's Charter demanding that only his 
statements and position on the issue be presented in the story. Zilic 
denied the claims.
    In October the Sarajevo Cantonal Minister of the Interior ordered a 
criminal investigation against the Sarajevo-based magazine Slobodna 
Bosna following the magazine's reporting on the minister's alleged 
involvement in questionable businesses. In his written instructions to 
the police, the minister justified the investigation by citing ``the 
need to protect the reputation of the ministry and the legality of its 
work.'' After the Association of BiH Journalists publicly protested the 
investigation as a misuse of the criminal code, the minister claimed 
that he had initiated the criminal investigation against himself and 
not the magazine.

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

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events; however, ethnic 
favoritism and politicization of faculty appointments constrained 
academic freedom. In Sarajevo, Serbs and Croats complained that 
Bosniaks received preferential treatment in appointments and promotions 
at the University of Sarajevo. The University of Banja Luka and the 
University of East Sarajevo continued to limit faculty appointments 
almost exclusively to Serbs. The University of Mostar remained divided 
into two separate universities, reflecting the continued ethnic divide 
in the city. Parochial interests influenced the remaining five public 
universities in Bosniak-majority areas.

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

    Freedom of Association.--The law provides for freedom of 
association, and the government generally respected this right in 
practice, although some NGOs reported difficulty in registering. While 
the law allows NGOs to register freely, some NGOs and NGO associations 
experienced long delays and inconsistent application of the law. Some 
NGOs, frustrated by delays at the state level, chose instead to 
register their organizations at the entity level.

    c. Freedom of Religion.--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; 
however, some limits remained 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.

    Internally Displaced Persons (IDPs).--According to the UNHCR, an 
estimated 113,365 registered displaced persons were in the country at 
the end of 2010. Most sought return to their prewar places of residence 
from which they were displaced by the 1991-95 wars in the former 
Yugoslavia. According to the UNHCR, during the first six months of the 
year, 323 displaced persons returned to places of origin in which their 
ethnic group constitutes a minority. Government officials and some 
NGOs, however, believed that the total number of persons who returned 
to their prewar communities after the war was significantly lower, 
since the UNHCR determined returns based on property restitution rather 
than physical presence.
    The high unemployment rate, lack of access to social benefits, lack 
of available housing, and high municipal administration taxes on 
documents that were necessary for accessing reconstruction assistance 
for return continued to inhibit returns. Minority returnees often faced 
discrimination in all areas of daily life including access to health 
care, pensions, public sector employment, and other forms of social 
protection.
    The RS, the Ministry for Refugees and Displaced Persons, and the 
Federation Ministry for Refugees provided support to returnees, such as 
limited reconstruction assistance. These ministries also committed part 
of their budgets towards joint projects determined by the State 
Commission for Refugees. In some cases the entity ministries cooperated 
closely with each other and contributed matching funds for improving 
living conditions of ethnic minority returnees, such as a joint 
agricultural-assistance project for Bosniak returnees in the RS city of 
Visegrad and ethnic Serbs in the Federation city of Mostar.
    Minority returnees often faced intimidation and complained of 
discrimination in hiring, and obstructions in their access to 
education, health care, and pension benefits, as well as poor 
infrastructure.
    A trend of attacks directed against religious sites and objects of 
minority groups continued to affect returns. Many returnees cited the 
authorities' failure to apprehend war criminals as a disincentive to 
return. Many displaced persons created permanent lives away from their 
prewar homes, and only individuals with few other options (including a 
large number of elderly pensioners) tended to return.
    There were no legal restrictions for IDPs to access humanitarian 
organizations and assistance, but the procedures to apply were 
complicated, and some IDPs often could not afford to pay for all the 
costs associated with an application for assistance. There were also 
widespread corruption and clearly established divisions along ethnic 
lines in the criteria for selection of beneficiaries.
    The country's constitution and laws guarantee the voluntary return 
or resettlement of IDPs, consistent with the U.N. Guiding Principles on 
Internal Displacement. Throughout the year the entity governments 
together spent an estimated 27 million convertible marks ($17.9 
million) to facilitate the return or local integration of IDPs and 
refugees from the 1991-95 war in former Yugoslavia. Both entity 
ministries for refugees and IDPs provided matching money to and 
cooperated closely with the international community in constructing 
social housing and providing small agricultural assistance to support 
the sustainable return or local integration of approximately 100 IDP 
families during the year. However, by year's end the state-level 
government had failed to allocate any funds, mainly due to the failure 
to form a state-level government more than a year after the country's 
2010 general elections.

    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. Asylum seekers with pending claims, regardless of national 
origin, may remain in asylum centers until the Ministry of Security 
adjudicates their claims, a process which normally took three months, 
although in some cases longer. In urgent cases concerning manifestly 
unfounded claims, the process took 15 days. Asylum seekers have the 
right to appeal a negative decision within 60 days in regular procedure 
and within eight days in urgent procedure. In cases handled by urgent 
procedure, the court is required to render a decision within 30 days.

    Nonrefoulement.--The government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened on account of race, religion, nationality, 
membership in a particular social group, or political opinion. The Law 
on Movement and Stay of Aliens and Asylum provides for the application 
of the concept of ``safe country of origin,'' and claims of asylum 
seekers coming from a ``safe country of origin'' are considered to be 
unfounded. Under the law, an asylum applicant must prove that the 
country is not safe for him/her. However, the Council of Ministers has 
not issued a decision on the ``safe countries of origin.''
    During the year, 13 Afghans and two Sudanese who illegally crossed 
into the country from Serbia were detained in the country's immigration 
center and then returned to Serbia. According to government sources, 
none of them sought asylum, though it is unclear if they were informed 
of their rights under the country's asylum procedures. There were 
reports that asylum seekers from Kosovo were routinely denied, exposing 
persons who were entitled to international protection to a risk of 
refoulement.

    Safe Country of Origin/Transit.--Asylum seekers do not have the 
right to employment unless the government grants them asylum.

    Durable Solutions.--On November 7, the country signed a UNHCR-
facilitated Regional Refugee Agreement (along with Serbia, Croatia, and 
Montenegro) in which the government agreed to find durable solutions 
for up to 6,000 refugees from other former Yugoslav countries. By 
year's end the country's law still lacked conditions for facilitated 
naturalization of refugees and stateless persons. All refugees had 
health insurance, and all those staying outside the Reception Center 
received social welfare assistance. However, a systematic local 
integration program had yet to be developed.

    Temporary Protection.--During the year the government did not grant 
temporary protection to any individuals not considered to qualify as 
refugees. The government extended subsidiary protection to three 
individuals from Kosovo for another year.

    Stateless Persons.--The law provides that a child born to one or 
two parents who are citizens of the country is also a citizen, 
regardless of the place of birth. A child born on the territory of the 
country to parents who are not Bosnian citizens does not gain 
citizenship unless both parents are stateless persons.
    According to the UNHCR, 3,000 to 5,000 persons, the large majority 
of them Roma, were at risk of statelessness at the end of the year. 
This figure included persons lacking birth registration as well as 
persons at risk of denaturalization (largely those who were naturalized 
during the country's 1992-95 conflict). According to the country's 
Ministry of Civil Affairs, during the year 170 individual 
naturalization decisions were reviewed; 40 of them resulted in de-
naturalization. There were no reported instances of statelessness among 
this group during the year.
    While the law provides no special provisions to expedite 
naturalization for stateless persons, it provides stateless persons 
opportunities to gain nationality on a nondiscriminatory basis. 
Stateless persons apply for naturalization through the same procedures 
as other foreigners.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic multiparty elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--
Observers from the OSCE concluded that the October 2010 general 
election largely was conducted in line with international standards but 
noted problems, including deficiencies in the registration process, 
group voting, and irregularities in the counting process. The OSCE 
observation mission noted that private media, particularly print, 
tended to favor certain candidates. Smaller parties complained about 
systematic underexposure in the media. On December 28, political 
leaders reached a deal to form a new Council of Ministers, but work on 
implementing that decision would continue into 2012. At year's end, 
political leaders failed to form a new government in one canton, 
leaving officials whose party had lost representation in office on a 
``technical mandate.''
    Nationalist rhetoric from leaders of all ethnic groups dominated 
political exchanges. In particular Serb politicians regularly called 
into question the validity and existence of the state of Bosnia and 
Herzegovina and threatened to call a referendum in the RS to secede 
from the state.

    Participation of Women and Minorities.--The law requires that at 
least 30 percent of political party candidates be women. Eight of 42 
members of the state-level House of Representatives were women. There 
were no women in the nine-member Council of Ministers, although there 
were two female deputy ministers. At the entity level, women held three 
of 23 leadership positions in the Federation, including one ministerial 
position, one speaker position, and one deputy speaker position in 
parliament. Following the 2010 elections, 19 women were elected to the 
Federation House of Representatives and 14 to the Federation House of 
Peoples. In the RS two of 16 ministers and one deputy speaker in 
parliament were women. As of August women comprised 31 percent of the 
delegates in the RS National Assembly, 30 percent of RS government 
ministers, and 5 percent of RS mayors.
    The law provides that Serbs, Croats, Bosniaks, and ``others'' must 
be adequately represented in entity, cantonal, and municipal government 
institutions, based on the 1991 census, until the returns process 
detailed by the Dayton Accords is completed. However, the government 
did not respect this law in practice. In addition to the three 
constituent peoples, there were 16 recognized national minority groups. 
Minorities not regarded as ``constituent peoples'' under the country's 
constitution remained severely underrepresented in government. There 
were no members of a minority group in the parliament and only one 
member in the Council of 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, and 
officials frequently engaged in corrupt actions with impunity.
    Candidates for certain public offices, including seats in 
parliament at the state and entity levels and members of the Council of 
Ministers and entity governments, are subject to financial disclosure 
laws. The Central Election Commission is responsible for ensuring 
compliance with these laws.
    On June 27, the Cantonal Court in Mostar acquitted a former member 
of the country's tripartite presidency, Dragan Covic, and six others of 
corruption charges in connection with the privatization in 2005 of 
Eronet, the cellular-service subsidiary of the country's third-largest 
telecommunications company (HT Mostar). Covic, then-Federation minister 
of finance and chairman of the HT Mostar Steering Board, and six board 
members had been charged with illegally transferring Eronet shares. In 
a separate case dating to 2000, Covic was indicted on June 29 for using 
his position as then Federation minister of finance to remove customs 
duties on the import of raw meat to boost profits of the Lijanovici 
food company.
    Although the law provides for citizen access to government records, 
many government agencies did not comply. Under the law, the government 
must provide an explanation for any denial of access, and citizens may 
appeal denials in the court system or to the ombudsman's offices. In 
practice the government sometimes failed to provide the required 
explanation for denial of access unless citizens appealed to the 
ombudsman, the courts, or legal aid. Public awareness of the law 
remained low.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of human rights groups and NGOs generally operated 
without restriction, investigating and publishing their findings on 
human rights cases. However, government officials were often 
inefficient and slow to respond to their views.
    During the year NGO advocacy activities became more diverse, using 
methods such as policy papers, public announcements, and street 
actions. NGO participation in decision-making processes was case by 
case. Both the government and the NGO sector lack sufficient knowledge 
about the existing mechanisms for NGO participation. The Council of 
Ministers has the right to return any legislative draft which did not 
go through the NGO consultation process, but to date has not used this 
mechanism. NGOs largely were excluded from decisions of greater 
political importance or sensitivity. NGOs continued to establish 
greater cooperation with the government at lower levels. In addition to 
the existing Agreement on Cooperation signed by the Council of 
Ministers, more than 80 municipalities and three cantons drafted and 
signed agreements with local NGOs by year's end.
    According to a survey supported by the EU Commission, 13,000 NGOs 
were registered in the country. Financial viability remained the most 
challenging obstacle to civil society overall, as the more nonpolitical 
organizations not seen as threats to governing parties received support 
from local governments. Registration and the procedure to change an 
organizational statute took significantly longer than prescribed by 
legislation due to official inefficiency.

    U.N. and Other International Bodies.--The government generally 
cooperated with the ICTY, complying with investigations and handing 
over indicted suspects. The two remaining ICTY fugitives, Ratko Mladic 
and Goran Hadzic, were both captured during the year in Serbia, and 
their ICTY proceedings began.
    The state-level government cooperated fully with international 
organizations, such as the Office of the High Representative, which has 
special powers over the government, as well as other international 
organizations, such as the ICRC, the International Commission on 
Missing Persons, and the OSCE. However, the RS government was less 
responsive and cooperative than were the state-level and Federation 
governments.

    Government Human Rights Bodies.--The state-level ombudsman is a 
functional institution with authority to investigate violations of the 
country's human rights laws on behalf of individual citizens and to 
submit recommendations to the government for remedy. The ombudsman's 
recommendations are not legally binding.
    The state parliament has a Joint Commission for Human Rights, 
Rights of Children, Youth, Immigration, Refugees, Asylum, and Ethics, 
consisting of members of both houses of parliament. The 11-member 
commission participated in human-rights-related activities with 
governmental and nongovernmental organizations.
    Public support mechanisms and regulations were underdeveloped. 
Instead of following set guidelines and criteria, government 
commissions that allocated public-benefit funds seemed to base many of 
their decisions on political interest and allocated large percentages 
of funds to predetermined beneficiaries such as religious communities, 
sports organizations, and veterans associations. The methods of 
allocation remain nontransparent and subject to corruption.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status; however, the government did not enforce 
these prohibitions effectively.

    Women.--Rape and Domestic Violence.--Rape and spousal rape are 
illegal; the maximum penalty for either crime is 15 years' 
imprisonment. A sense of shame reportedly prevented some rape victims 
from complaining to authorities. While police generally responded to 
reports of sexual assault, they tended not to treat reports of spousal 
rape with the same seriousness.
    Violence against women, including domestic violence and sexual 
assault, remained widespread and underreported. According to NGO 
estimates, one third of the women in the country were victims of 
domestic violence. Both entities have laws that require police to 
remove an offender from the family home. However, NGOs reported that 
authorities, especially in the RS, where domestic violence is a 
misdemeanor, often returned offenders to their family homes less than 
24 hours later. In the Federation authorities have discretion to 
prosecute domestic violence as either a felony or misdemeanor. Experts 
estimated that only 10 percent of victims of domestic violence reported 
the crime. Although police received specialized training in handling 
cases of domestic violence, NGOs reported a widespread attitude among 
police in both entities against ``breaking up families'' by arresting 
offenders. Two hotlines operating throughout the country provided 
assistance to victims. There were several shelters throughout the 
country for victims of domestic violence, many of who received 
financial and other material support from the government during the 
year. Many of these shelters doubled as shelters for trafficking 
victims.

    Sexual Harassment.--The law prohibits sexual harassment, but it was 
a serious problem. Many NGOs reported that women experienced sexual 
harassment, but victims almost never filed complaints because they did 
not recognize their experiences as harassment and were not aware of 
their legal rights.

    Reproductive Rights.--Couples and individuals had the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and had the information and means to do so free from 
discrimination, coercion, and violence. There was easy access to 
contraception and skilled attendance during childbirth. Most women had 
access to prenatal and postpartum care through employer or government 
insurance. However, insurance costs for self-employed women were often 
prohibitive, and the actual amount of benefits provided to unemployed 
mothers often varied according to canton or municipality.

    Discrimination.--Women have equal legal status to men, and 
authorities treated women equally in practice. The government's Agency 
for Gender Equality worked to inform women of their rights. Women and 
men generally received equal pay for equal work at government-owned 
enterprises, but there were reports that the same was not true at 
private businesses. Women in all parts of the country had problems with 
nonpayment of maternity leave allowances and the unwarranted dismissal 
of pregnant women and new mothers. Many job announcements openly 
advertised discriminatory criteria, such as age and physical 
appearance, for female applicants. Women remained underrepresented in 
law-enforcement agencies, although there was continued progress. The 
state- and entity-level parliaments had committees for gender equality.

    Children.--Birth Registration.--By law a child born to one or two 
parents who are citizens of the country is also a citizen, regardless 
of the place of birth. A child born on the territory of the country to 
parents who are not citizens of the country does not gain citizenship 
unless both parents are stateless persons.
    During the year the UNHCR, through a local legal-aid NGO, 
registered the birth of children, mainly Roma, whose parents failed to 
register them as required by law. The NGO Vasa Prava estimated there 
were approximately 2,000 unregistered children in the country. 
Unregistered children experienced significant obstacles in accessing 
social, educational, and health benefits.

    Education.--While education is free and compulsory through the age 
of 15, schools required parents to pay for books, lunches, and 
transportation, causing some children to drop out. A lack of reliable 
monitoring hindered efforts to ensure that children receive an 
education. The law requires children with special needs to attend 
regular classes, but schools were often unable to accommodate them.
    During the year students in areas where they were in the minority 
frequently faced a hostile environment, and in some areas local 
officials and parents sought to establish complete physical segregation 
based on ethnicity. Obstruction by nationalist politicians and 
government officials slowed efforts to abolish school segregation and 
enact other reforms. The country's Romani council estimated that less 
than 30 percent of Romani children attended school regularly.

    Child Abuse.--Family violence against children was a problem. 
Police investigated and prosecuted individual cases of child abuse. 
Some NGOs estimated that one family in four experienced domestic 
violence. Municipal centers for social work protected children's 
rights, but lacked resources and housing for children fleeing abuse or 
those whom they needed to remove from abusive homes.

    Child Marriage.--In certain Romani communities, girls married 
between the ages of 12 and 14. The government did not have any programs 
aimed specifically at reducing the incidence of child marriage. 
According to UNICEF statistics, 6 percent of women were married or in 
union before they were 18 years of age.

    Sexual Exploitation of Children.--Entity-level laws against 
``enticement to prostitution'' permit police to treat minors 14 years 
and older as ``juvenile prostitutes'' instead of victims of rape or 
trafficking in persons. Women's and children's rights NGOs complained 
that the law allows police to subject children who are 14 to 17 years 
old to interrogation and criminal proceedings, although no such 
prosecutions were documented during the year. Under entity criminal 
codes, abuse of a child or juvenile for pornography is a crime that 
carries a sentence of one to five years' imprisonment.

    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 violence 
against members of the Jewish community, which is estimated to be less 
than 1,000 persons. The Jewish community reported that some anti-
Semitic language critical of Israel has been occasionally posted on 
various Internet forums. The community described those comments as more 
anti-Israeli rather than anti-Jewish. During the year the government 
lacked a framework for stopping such comments.
    During the year many public and private schools continued using 
religious-education textbooks containing insensitive language that 
reinforced anti-Semitic attitudes. For example, the standard Serb 
Orthodox textbook (Pravoslavna Vjeronauka, Banja Luka, 2010) authorized 
by the RS Ministry of Education for sixth graders asserted that Jews 
``cursed themselves'' by condemning Jesus and persecuting early 
Christians and that Jews were later persecuted as God's punishment. In 
the study questions, students are asked to explain why was ``God's 
wrath leveled at the Jews?'' Independent observers also criticized this 
textbook and those used by other communities in the Federation for 
inadequate treatment of Jewish history and the Holocaust and for 
missing other opportunities to combat anti-Semitism and ethnoreligious 
stereotypes.
    The country's Jewish community and Inter-Religious Council 
registered no desecrations of Jewish sites.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The law in both entities 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. However, there was 
discrimination against persons with disabilities in all these areas.
    There was clear discrimination between different categories of 
persons with disabilities, although the vast majority of such persons 
were unemployed. Persons with disabilities resulting from service 
during the 1992-95 conflict were given a privileged status above 
civilian war victims and persons who were born with disabilities.
    The Federation's law mandates that all public buildings must be 
retrofitted to provide access to persons with disabilities and new 
buildings must also be accessible by mid-2011. However, buildings were 
rarely accessible to persons with disabilities in practice. Several 
government buildings, including the Federation government and 
parliament buildings, were not in compliance with the law. The RS had 
comparable laws for public access, but few older public buildings were 
accessible.
    At year's end an estimated 1,900 persons with varying degrees of 
intellectual disabilities were institutionalized, although a growing 
number of programs for children with disabilities were available in 
schools. During the year an estimated 30 percent of persons with 
disabilities residing in institutions were capable of independent 
living if housing and resources were available. The Federation 
government also continued a pilot program during the year for assisted 
living in Tuzla, which included 20 persons with intellectual 
disabilities. As of year's end no such programs existed in the RS.
    During the year there was little progress in improving conditions 
for persons with disabilities. Experts noted that throughout the 
country entitlement to benefits for disabled persons is not based on 
needs. Consequently, certain categories of persons with disabilities 
did not receive adequate financial benefits. Federation authorities 
adopted the Strategy for Persons, while the RS, implemented its own 
strategy.
    In the Federation the Institute for Medical Disability Status 
Classification, staffed by medical professionals and overseen by five 
relevant Federation ministries in cooperation with an advisory NGO, 
determined the severity of each person's specific disability and level 
of assistance needed. In the RS, the government social workers in the 
Center for Social Welfare under the entity Ministry of Health and 
Social Welfare evaluated persons for disabilities and assistance.

    National/Racial/Ethnic Minorities.--Ethnic differences remained a 
powerful destructive force in society, although mixed communities 
existed peacefully in some areas.
    Harassment and discrimination against minorities, often related to 
property disputes, continued throughout the country. These problems 
most often included desecration of graves, graffiti, arson, vandalism 
of houses of worship and other religious sites, verbal harassment, 
dismissal from work, threats, and physical assaults.
    By November the country's Inter-Religious Council documented 56 
acts of vandalism against religious sites over the previous year, 30 in 
the RS, and 26 in the Federation. Most attacks occurred in places where 
the targeted community was in the minority. There were 28 attacks 
against Islamic sites, the overwhelming number of which occurred in the 
RS. There were 17 recorded attacks against Serb Orthodox sites in the 
Federation, and nine reported attacks against Catholic sites, which 
were more frequent in the Federation. The Council's report noted that 
police apprehended perpetrators in 30 of the 56 cases. The Council 
documented one religiously motivated physical assault against an imam 
in Gacko in the Federation, and verbal harassment of an Orthodox priest 
in Gracanica in the Federation and an imam in Dubica in the RS.
    During the year some RS politicians expressed support for indicted 
war criminal Ratko Mladic following Mladic's arrest in May. Kalinovik 
mayor Mileva Komlenovic publicly criticized ``burdening'' Mladic, whom 
she lauded for his ``moral, human, and professional qualities.'' Vinko 
Radovanovic, the mayor of East Sarajevo, told reporters that Mladic was 
no more guilty than any other wartime general from any army. Democratic 
People's Alliance president Marko Pavic decried the arrest of his 
former commander. Mladen Bosic, president of the Serb Democratic Party, 
attended a rally in Banja Luka on May 31 in protest of Mladic's arrest.
    Ethnic discrimination in employment and education remained key 
problems. In most cases employers did not reverse the widespread firing 
of members of ethnic minorities during and after the 1992-95 conflict, 
and employers often hired members of the local ethnic majority over 
minorities. Human rights activists noted many textbooks that reinforced 
stereotypes about the country's ethnic groups and others that missed 
opportunities to dispel stereotypes by excluding any mention of some 
ethnic groups, particularly Jews and Roma. State- and entity-level 
officials generally did not act to prevent such discrimination.
    An estimated 80,000 to 100,000 Roma were in the country. Some 
Romani leaders reported an increase in Romani emigration from the 
country and asylum-seeking abroad during the year due to discrimination 
in access to social benefits. Roma experienced serious difficulties in 
enjoying the full range of fundamental human rights provided to them 
under the law. The Roma Information Council estimated that only 1 
percent of the working-age Romani population were employed and 
indicated that employers usually downsized Roma first during a 
reduction in force. Many Roma lacked birth certificates, identification 
cards, or a registered residence, preventing them from accessing health 
care and public education services or registering to vote. Many human-
rights NGOs criticized law enforcement authorities for widespread 
indifference toward victims of domestic violence and human trafficking 
in the Romani community.
    In April, ``Kali Sari,'' a Roma Decade watchdog NGO, released a 
report that noted substantial progress in improving the status of the 
country's Roma population. The report noted the government's programs 
for improving Romani employment, housing, and health care, as well as 
for completing a census of Roma, creating a database documenting the 
needs of Roma, and adopting a new Romani education action plan. 
However, the report criticized the government for excluding Roma from 
the decision-making process for allocating assistance to the Romani 
population. Romani human-rights leaders complained about the lack of 
transparency in awarding government contracts and allegations of 
corruption in implementing Roma Decade programs. By year's end the 
government failed to appoint a national coordinator for Roma Decade 
implementation.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--While the law prohibits 
discrimination on the basis of sexual orientation, it was not fully 
enforced in practice, and there was frequent societal discrimination 
against gay, lesbian, bisexual, and transgender (LGBT) persons.
    Gays and lesbians faced frequent harassment and discrimination, 
including termination from employment. In some cases dismissal letters 
explicitly stating that sexual orientation was the cause of termination 
made finding another job extremely difficult. The EU Commission 
Progress Report during the year found that physical attacks and 
harassment of LGBT persons continued and that no government official 
condemned such acts.
    During the year LGBT activists faced threats, harassment, and other 
hate speech by media and politicians. On November 17, a talk show on 
Sarajevo-based PINK BIH TV ran a segment called ``Change of Gender--
Body as a Trap'' on a talk show that highlighted text messages from 
viewers calling for discrimination and violence against transgender and 
transsexual persons. PINK BIH TV did not distance itself from the 
messages' content, causing several human rights NGOs to file a 
complaint to CRA for violation of the broadcasting code. By year's end, 
the CRA took no action in response.
    On November 22, daily Fokus based in Banja Luka published a 
commentary by RS Vice President Emil Vlajki titled ``Film `Parade': 
Prostituted Ideological Manipulation,'' in which Vlajki criticized a 
movie on gay rights and characterized the LGBT community as ``garbage'' 
and LGBT culture as ``vulgarization of one's own private life.''

    Other Societal Violence or Discrimination.--There was significant 
social stigma and employment discrimination against persons with HIV/
AIDS, and a general lack of awareness of HIV/AIDS. The government 
lacked properly trained counselors and a systematic method of referring 
those with HIV/AIDS to outside counseling and often relied on periodic, 
informal requests from the NGO Apoha to relay the contact information 
to those who had been recently diagnosed with HIV/AIDS. During the year 
the Inter-Religious Council, composed of all four of the country's 
major religious communities, carried out a public campaign against 
prejudice against persons with HIV/AIDS.

    Promotion of Acts of Discrimination.--On February 8, the European 
Commission against Racism and Intolerance published its report on 
Bosnia and Herzegovina. The report also noted several areas for 
improvement in the country including a continued fostering of and 
manipulation of ethnic divisions in the country by political actors and 
parties in the country. Police are often reluctant to investigate 
crimes against minorities. The report noted several improvements in the 
country, including education reforms making democracy and human rights 
compulsory subjects in the country's schools and tougher laws regarding 
hate crimes. The report also noted a significant effort by authorities 
to register Roma and foster inclusion.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers in both entities (including migrant workers, but 
excluding members of the military) to form and join independent unions 
without previous authorization or excessive requirements. In both 
entities and the Brcko District, the law provides for the right to 
strike; however, in the Federation, the law has burdensome requirements 
for workers who wish to conduct a strike. In the Federation trade 
unions cannot officially announce a strike without first reaching an 
agreement with the employer on which ``essential'' personnel would 
remain at work. If no agreement is reached, then the strike can be 
declared illegal. This effectively allows employers to prevent 
legitimate strikes. The law provides for the right to bargain 
collectively and to conduct union activities without interference. 
Antiunion discrimination is prohibited.
    In practice, workers exercised their right to join a union and 
bargain collectively. Unions were generally independent from the 
government.
    In both entities general collective agreements, wherein the minimum 
wage and other conditions of work are fixed, were negotiated by the 
respective governments and representative organizations of employers 
and workers. A number of private employers refused to recognize these 
agreements. Workers' and employers' organizations were not skilled in 
collective bargaining. Labor authorities in the Federation noted that 
employers and workers often did not fully analyze whether such 
agreements were financially sustainable when they were signed.
    The country's laws against discrimination gave legal protections to 
ethnic minorities. In practice, minorities, particularly Roma , faced 
discrimination in hiring and employment benefits.
    Antiunion discrimination was widespread in both entities and the 
Brcko District. The labor inspectorates and courts did not deal 
effectively with complaints of antiunion discrimination by employers 
although Federation and RS courts have often ruled in favor of workers 
in union-related disputes. The government did not impose fines on 
employers who prevented workers from unionizing, a practice that was 
becoming more prevalent as private sector businesses replaced former 
state-owned enterprises that had a traditional union culture. While 
there are no legal or technical barriers preventing an employee from 
bringing a complaint against an employer, high unemployment coupled 
with fear of losing one's job, a backlogged court system, and the lack 
of legal protection for the approximately 20 percent of the labor force 
working in the unregistered gray economy were disincentives to filing 
complaints.
    The International Labor Organization criticized the government for 
not allowing the Trade Union of Bosnia and Herzegovina, representing 
approximately 260,000 workers primarily from Federation government-
owned enterprises, to register as a union at the state level since 
2002. Lack of formal recognition blocked the union from engaging in 
social dialogue on problems pertaining to state-level competencies with 
partners. Moreover, authorities did not impose sanctions against 
employers who obstructed workers from organizing. Worker rights 
violations continued to be a lower priority for ministry inspectors, as 
state officials instead focused on bolstering state revenues by 
cracking down on unregistered employees and employers that did not pay 
taxes. Some unions reported that employers threatened employees with 
dismissal if they joined a union and have in some cases fired union 
leaders for their activities.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, including by children; 
however, the government at times did not enforce these laws 
effectively. There were reports that individuals and organized crime 
syndicates sometimes trafficked women and children for begging and 
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.--
Trafficking in children for labor and begging was sometimes a problem. 
Organized begging rings exploited Romani children in particular, of 
whom more than half of the entire community were under the age of 14 
and did not attend school. Children also sometimes assisted their 
families with farm work and odd jobs or worked in small family-owned 
shops.
    The minimum age for employment of children in the Federation and 
the RS is 15; minors between the ages of 15 and 18 must provide a valid 
health certificate to work. The law prohibits children from performing 
hazardous labor. In the Federation, the law prohibits minors from night 
work except in exceptional circumstances.
    Entity governments are responsible for enforcing child labor laws. 
Both entities and the Brcko District enforced child labor laws in 
practice. During the year the government neither received nor 
investigated any reports of child labor. Neither entity had inspectors 
dedicated to child labor inspections, and authorities investigated 
violations of child labor laws as part of a general labor inspection. 
Both entities' labor inspectorates reported that they had not found 
significant violations of child labor laws, although they did not 
conduct reviews of children working on family farms. The government did 
not collect data on 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 monthly minimum wage in the 
Federation was 343 convertible marks ($227). In the RS, the monthly 
minimum wage was 370 convertible marks ($245) except in the textiles 
and footwear sectors where it was 320 convertible marks ($212). The 
Brcko District did not have a separate minimum wage or an independent 
pension fund, and employers typically used the minimum wage rate of 
whichever entity to which its workers decided to direct their pension 
funds.
    The legal workweek in both entities and the Brcko District is 40 
hours; however, seasonal workers may work up to 60 hours per week. The 
law limits overtime to 10 hours per week in both entities; the 
Federation has no provision for premium pay, while the RS requires a 30 
percent premium. A 2010 study found that employers routinely denied 
workers overtime and sick leave in the private commercial sector in 
both entities and the Brcko District, particularly those employed in 
large shopping malls. An employee in the RS may volunteer for an 
additional 10 hours in exceptional circumstances. Federation and RS 
laws require a minimum rest period of 30 minutes during the workday. 
The entities and the Brcko District did little to enforce regulations 
on working hours, daily and weekly rest, or annual leave, and these 
protections were generally believed to be lacking. Entity labor laws 
prescribe a maximum overtime of 10 hours per week and prohibit 
excessive compulsory overtime. The law also sets mandatory occupational 
health and safety standards, especially for those industry sectors 
where there are hazardous working conditions for workers. Employers in 
each entity and the Brcko District must provide a minimum of nine paid 
annual holidays. People can choose which holidays to observe depending 
on ethnic or religious affiliation.
    The Federation Market Inspectorate, RS Inspectorate, and the Brcko 
District Inspectorate are in charge of enforcement related to work 
conditions. There were 79 market inspectors in the Federation, 41 in 
the RS is 41, and 11 in Brcko. Authorities in both entities and the 
Brcko District did not adequately enforce regulations related to 
acceptable work conditions. While labor inspectorates made some effort 
to enforce registration of employees, they limited most inspections to 
conditions affecting the officially registered workforce. RS law holds 
employers responsible for improving working conditions. Workers' rights 
extended to all official, that is, registered, workers including 
migrant and temporary workers. According to informal estimates, 
approximately 40 percent of the total work force was unregistered.
    Workers in certain industries often worked in hazardous conditions, 
particularly those in metal- and steel-processing plants and coalmines. 
The entity labor ministries do not maintain official statistics on 
workplace fatalities and injuries. During the year one major industrial 
accident occurred. On September 29, multiple explosions at the 
``Igman'' ammunition factory in Konjic killed one person and injured 
several others. Built over 50 years ago, ``Igman'' is a privately owned 
munitions factory that produces ammunition for high-caliber small arms 
and where much of the production is still done by hand.

                               __________

                                BULGARIA

                           EXECUTIVE SUMMARY
    The Republic of Bulgaria is a parliamentary democracy. The 
constitution vests legislative authority in the unicameral National 
Assembly (Narodno Sabranie). A minority government headed by a prime 
minister led the country. Observers characterized the 2011 presidential 
elections as reflecting ``a respect for fundamental rights and 
freedoms,'' but they also noted reports of vote buying and 
organizational weaknesses. Security forces reported to civilian 
authorities.
    The marginalization of the Romani minority remained Bulgaria's most 
pressing human rights problem. Also of note was right-wing extremist 
violence against Roma, Muslims, and other religious minorities. 
Corruption continued to be a drag on the government's capabilities and 
public confidence in the judiciary and other state institutions.
    Other human rights problems included harsh conditions in prisons 
and detention facilities, including overcrowding. Mistreatment of 
prisoners and detainees, especially members of minorities, was also 
alleged. There were also long delays in the judicial system; apparent 
abuse of wiretapping; violence and discrimination against women; 
violence against children; discrimination against members of the Romani 
and Turkish ethnic minorities; anti-Semitic vandalism; trafficking in 
persons; and discrimination against persons with disabilities, against 
lesbian, gay, bisexual, and transgender persons, and persons with HIV/
AIDS.
    The government took steps to prosecute and punish officials who 
committed abuses both in the security services and elsewhere in the 
government. However, their actions were often ineffective, and impunity 
was 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 arbitrary or 
unlawful killings. Human rights advocates continued to insist that the 
law provides police with excessive authority for use of force and 
lethal use of firearms. The prosecution service reported that the 
number of cases against security personnel was increasing. During the 
10 months through October, there were 39 prosecutions and 13 
convictions of Interior Ministry personnel.

    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, 
observers noted increased use of force in connection with the 
government's stepped-up efforts to address organized crime. According 
to an Open Society Institute (OSI) survey, police were more likely to 
use excessive force on persons of Romani origin. In the first six 
months of the year, the government investigated 36 cases of police 
violence. During the seven months through July, the courts acquitted 12 
police officers. Nongovernmental organizations (NGOs) claimed that 
authorities frequently did not properly investigate allegations of 
police brutality.
    Police can detain persons for 24 hours without charging them. There 
were some reports that police sometimes arrested suspects for minor 
offenses and physically abused them to force confessions, especially in 
cases involving Romani suspects. In November 2010 four police officers 
beat 23-year-old student Stefan Bofirov from Plovdiv to make him 
confess to a robbery. The Ministry of Interior fired one officer and 
disciplined the other three for exceeding their authority; the criminal 
prosecution of the four officers began in June and was continuing as of 
October.
    Human rights groups continued to claim that medical examinations 
following cases of police abuse were not performed and that officials 
rarely punished offending officers.

    Prison and Detention Center Conditions.--Conditions in most prisons 
were harsh with inadequate toilet facilities, heating, and ventilation. 
During the year there were 53 deaths in prisons and four deaths in 
pretrial detention centers. Prisoners had access to potable water. 
There were no reports of inadequate record keeping. There were no 
reports that conditions for women prisoners were worse than those for 
men. Most of the prison facilities dated from the early 1900s; the 
government built the newest facility in 1983.
    Overcrowding remained a serious problem, especially in pretrial 
detention centers. As of October there were 9,714 prisoners, including 
89 juveniles and 301 women, in the country's 13 prisons, which had a 
designed capacity of 8,763 inmates. In Burgas Prison some of the 
inmates were forced to sleep on the floor for lack of sufficient bed 
space. The daily food allowance was approximately 3.20 levs ($2.14). 
NGOs received complaints about both the quality and quantity of food.
    The prison administration received complaints from prisoners about 
sanctions imposed on them, the poor quality of medical services, living 
conditions, and mistreatment by prison guards. The Bulgarian Helsinki 
Committee (BHC) stated that performance reports throughout the year 
showed the administration's training for prison guards was ineffective. 
Unfilled guard positions resulted in inadequate staffing and 
contributed to the poor execution of guard duties. Foreign prisoners 
serving longer terms were held in a separate prison in Sofia to provide 
them with easier access to consular services.
    The prison administration estimated that 1,300 prisoners, or more 
than 13 percent of the prison population, were drug-dependent. Prison 
authorities experienced difficulties in limiting prisoner access to 
narcotics and diagnosing and treating the increasing number of drug-
dependent inmates.
    All prisoners have the right to work, and two days of work reduced 
the prison term by three days. In practice the prison administration 
offered work to only a limited number of prisoners; work was generally 
less available due to the economic crisis. Prisoners alleged that the 
system for determining the type of work regime a prisoner received was 
corrupt and lacked oversight. Nonviolent offenders could be sentenced 
to probation, allowing them to stay out of prison as long as they met 
the conditions of their probation sentence.
    Only one of the country's 42 detention facilities met 
internationally established human rights standards. The government 
partially renovated a few other detention centers. As of October, 1,326 
persons were in detention, including 33 juveniles and 48 women. The 
total designed capacity of the centers was 1,786 persons.
    While prisoners in principle have the right to receive visitors, in 
most cases a lack of space to accommodate visitors in the facility made 
visits impossible. Prisoners of any faith could hold religious 
observances.
    Prisoners reported substandard conditions to the prison 
administration, the national ombudsman, and the court system. During 
the year prisoners filed 854 complaints with the prison administration 
claiming improper sanctions, improper transfers to other facilities, 
substandard medical services, poor conditions, and abuse by prison 
guards. The prison administration found 717 of those complaints 
unfounded and dismissed 41 as outside the scope of its authority; it 
investigated the rest of the complaints and imposed sanctions.
    In 2010 the National Assembly allocated 20 million levs ($13 
million) during the three-year period to 2013 to improve living 
conditions and reduce overcrowding. During the year the prison 
administration spent 892,000 levs ($596,000) for various upgrades to 
existing facilities such as kitchen refurbishment, roof repair, and 
cell refurbishment.
    During the year the government generally permitted monitoring of 
prisons by independent observers.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention; however, there were reports 
that police at times abused their arrest authority.

    Role of the Police and Security Apparatus.--The Ministry of 
Interior is responsible for law enforcement. The State Agency for 
National Security (DANS), which reports to the prime minister's office, 
is responsible for counterintelligence, domestic intelligence analysis, 
and investigation of corruption. The National Intelligence Service is 
responsible for foreign intelligence, and the National Protective 
Service is responsible for VIP security; both answer to the president. 
Civilian authorities maintained effective control over the police and 
security services, and the government had effective mechanisms to 
investigate and punish abuse and corruption.

    Arrest Procedures and Treatment While in Detention.--While not 
required, police normally obtained a warrant from a prosecutor prior to 
apprehending an individual. Authorities generally informed detainees 
promptly of the charges against them. Police may hold a detainee for 24 
hours without charge; detention can be extended an additional 72 hours 
when authorized by a prosecutor. A court must approve detention longer 
than 72 hours; such detention can last up to two years. Prosecutors may 
not arrest military personnel without the defense minister's approval. 
Authorities generally observed these laws, although police sometimes 
exceeded the 24-hour detention period.
    The law provides for bail, and it was widely used.
    The law provides for the right to counsel from the time of 
detention, but there were isolated cases in which police failed to 
inform detainees of this right. In some cases police officers made the 
detainees sign a declaration spelling out their rights to legal 
assistance without any oral explanation, even if the detainees were 
illiterate. The law provides state-funded legal aid for low-income 
defendants. In April the prosecutor general issued an instruction that 
substantially defined and simplified the process by instructing 
authorities to ensure a detainee has access to legal counsel no later 
than two hours after detention and that a lawyer has access to the 
detainee within 30 minutes of his or her arrival at the police station. 
However, an OSI report indicated detainees often had to make an 
arbitrary choice of a public defender based on recommendations from the 
police, a practice that made the process insufficiently transparent.

    Arbitrary Arrest.--Some Muslim leaders complained of harassment 
during which security service members would regularly question them 
about religious radicalism and fundamentalism. In February a former 
mufti was arrested at night in his home for failure to respond to a 
court summons which had never been served.

    Pretrial Detention.--Long delays awaiting trial were common, and 
there was a large backlog of outstanding investigations. Statutory time 
limits for investigations often resulted in hasty indictments that 
judges returned for additional investigation, during which time persons 
accused of serious crimes were released on bail.

    e. Denial of Fair Public Trial.--The constitution and the law 
provide for an independent judiciary; however, corruption, 
inefficiency, and lack of accountability were pervasive problems. 
Public perception that the judicial system rendered unequal justice 
contributed to a series of demonstrations, some violent and racist, 
across the country in late September. The demonstrations were sparked 
by a local protest against alleged police protection of a Romani crime 
boss involved in a deliberate killing in the village of Katunitsa (see 
Section 6, National/Racial/Ethnic Minorities).
    The Supreme Judicial Council appoints, promotes, disciplines, and 
dismisses judges, investigators, and prosecutors. It investigates 
complaints of judicial misconduct and recommends disciplinary action. 
Managing magistrates can also impose minor punishments. Observers noted 
that the council was slow to implement internal discipline. Of the 105 
disciplinary cases sent to the council during the year, four resulted 
in dismissal, two in demotion, four in reduced remuneration, and 46 in 
other disciplinary sanctions.
    Judicial and investigative backlogs remained a problem in larger 
jurisdictions, and long delays for criminal trials were common.
    NGOs reported the juvenile justice system lacked empathy and 
coordination. Crime reports were not matched with social reports for 
proper case assessment, which resulted in inefficient and heavy-handed 
application of corrective action. As of October, there were 89 
juveniles in corrective schools and 33 in pretrial detention.

    Trial Procedures.--The law presumes defendants innocent until 
proven guilty and allows them ample time to prepare a defense. All 
court hearings are public except for cases involving national security, 
endangerment of public morals, and the privacy of juvenile defendants.
    Juries are not used. In cases involving serious crimes, two lay 
judges join a professional judge. If a crime carries a sentence of more 
than 15 years' imprisonment, two professional judges and three lay 
judges hear the case. In such circumstances, a majority vote determines 
verdicts. A defense attorney is mandatory if the alleged crime carries 
a punishment of 10 or more years in prison; if the defendant is a 
juvenile, foreigner, or person with mental or physical disabilities; or 
if the accused is absent. Defendants have the right to be present at 
their trial and can demand a retrial if they were convicted in 
absentia, unless they were evading justice at the time of the first 
trial. Defendants have the right to confront witnesses, examine 
evidence, and present their own witnesses and evidence. The law 
provides for the right of appeal, which was widely used. Trial 
procedures apply equally to all defendants.

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

    Regional Human Rights Court Decisions.--As of September the 
European Court of Human Rights (ECHR) issued 98 judgments during the 
year that found 55 violations by the country of the European Convention 
on Human Rights. The government usually complied with the judgments. In 
January the Parliamentary Assembly of the Council of Europe cited 
Bulgaria for ``extremely worrying delays'' in implementing judgments of 
the ECHR.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters; however, the same 
long delays as for criminal cases affected court action on civil cases. 
Individuals may file allegations of human rights abuses with courts and 
with the Commission for Protection against Discrimination (CPD), which 
could impose fines on violators. Individuals could appeal decisions 
involving alleged human rights abuses by the state to the ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government generally respected these provisions in practice.
    In February the permanent parliamentary subcommittee overseeing the 
use of specialized investigative techniques reported numerous cases of 
wiretapping malpractice, including insufficient cause and lack of 
safeguards to protect collected information.
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. However, there were 
numerous concerns about the domination of the media market by business 
interests seeking political influence. NGOs reported that journalists 
practiced self-censorship or took money from political and business 
leaders and from organized crime groups to plant either positive 
stories about the leaders and criminal groups or negative stories about 
their rivals. In addition, media owners reportedly forced journalists 
to change their reporting. Journalists complained some media companies 
kept unofficial lists of political parties, persons, and topics that 
should receive only positive coverage. Media ownership remained only 
partially transparent, and there was no civil monitoring of the 
government-subsidized media, which were the most popular outside the 
capital.

    Freedom of Speech.--The law defines hate speech as speech that 
instigates hatred, discrimination, or violence based on race, 
ethnicity, nationality, religion, sexual orientation, marital or social 
status, or disability. In April the National Assembly adopted 
amendments to the penal code providing for one to four years' 
imprisonment for hate speech. The Organization for Security and 
Cooperation in Europe (OSCE) expressed concerns that the amendments 
could be abused to restrict freedom of expression and bar legitimate 
criticism by journalists.

    Freedom of Press.--Media organizations and in a few cases political 
parties freely published a variety of newspapers. Private television 
and radio stations provided a variety of news and public interest 
programming. Both print and electronic media were susceptible to 
economic and political influence, and there were reports that 
individuals with political and economic power intimidated journalists. 
Although the state-owned electronic media presented opposition views, 
observers believed that the law was inadequate to protect their 
programming independence and left these media vulnerable to government 
pressure.
    Individuals criticized the government without official reprisal. 
However, in rural areas offering fewer employment opportunities, 
individuals were more hesitant to criticize local governments. Local 
journalists reported that the regional press was underdeveloped, and 
especially local online news outlets were under the full control of 
business interests and groups linked to local governments.

    Violence and Harassment.--In May the newspaper Monitor fired its 
Kardjali correspondent, Vildan Bairyamova, for criticizing political 
leaders connected with major media moguls, and refusing to practice 
self-censorship. Prior to her firing, Bairyamova received threats to 
herself and her family.
    In October the car of Sasho Dikov, director of the cable television 
channel Kanal 3, was destroyed by a bomb. The investigation into the 
attack was ongoing.

    Libel Laws/National Security.--Libel is legally punishable. Usually 
the courts interpreted the law in a manner favoring journalistic 
expression. Many defamation cases were prompted by journalists' 
reporting about corruption or mismanagement; the most frequent 
plaintiffs were government officials and other persons in public 
positions.

    Nongovernmental Impact.--There were some instances of public 
pressure aimed at journalists. During the protests in Katunitsa (see 
section 6, National/Racial/Ethnic Minorities), protesters accused 
journalists of false reporting and twisting the facts. Facebook groups 
and other online fora launched a campaign of intimidation, threats, and 
anti-Semitic invective against bTV reporter Mirolyuba Benatova. Those 
groups reported to the system's administrators that Benatova's Facebook 
page was offensive; she was banned from the social network.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
expression of views via the Internet, including by e-mail.
    The security services could access electronic data with judicial 
permission when investigating cyber and serious crimes. However, NGOs 
criticized gaps in the law that allow the prosecution service to 
request such data directly from the service providers without court 
authorization. There were no reports that the government attempted to 
collect personally identifiable information in connection with a 
person's peaceful expression of political, religious, or ideological 
opinions or beliefs.

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the government generally respected this right in practice. The law 
requires groups requesting a permit for gatherings to give 48 hours' 
notice. The law prohibits public gatherings within a security zone (16 
to 66 feet) around the National Assembly, the Council of Ministers, and 
Presidency buildings. Mayors can prohibit, dismiss, or suggest an 
alternative site for a gathering they believe poses a threat to public 
order, security, or traffic.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the government generally respected this 
right in practice. The law prohibits groups, including political 
parties, that endanger national unity; promote racial, national, or 
religious hatred; violate the rights of citizens; or seek to achieve 
their objectives through violent means. The government generally 
respected the rights of individuals and groups to establish political 
parties or other political organizations. However, NGOs may not engage 
in political activity.

    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 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 
granting asylum or refugee status, and the government has established a 
system for protecting refugees.

    Nonrefoulement.--The government provided some protection against 
the expulsion or return of refugees to countries where their lives or 
freedoms would be threatened on account of their race, religion, 
nationality, membership in a particular social group, or political 
opinion. The UNHCR stated the risk of genuine refugees receiving a 
rejection was limited.
    The law requires that persons seeking refugee status file an 
application within ``a reasonable time'' after entering the country. 
However, border police are required to detain in a temporary center all 
persons, including asylum seekers, who enter the country illegally. 
Asylum seekers were commonly treated as illegal immigrants and 
potentially subject to deportation. Observers remained concerned about 
the institutional capacity of the government to process requests and 
transfer applicants to shelters.
    The opening of a second temporary detention center near the border 
with Turkey without a local office of the State Agency for Refugees to 
review applications and grant asylum resulted in the frequent transfer 
of asylum seekers from that center to the one near Sofia and created 
more inefficiency and delay.

    Refugee Abuse.--There were numerous reports of guards mistreating 
detained immigrants and asylum seekers.
    Although the law sets a maximum six-month period of detention for 
illegal immigrants and asylum seekers, there were numerous reports of 
detentions exceeding six months.
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 generally exercised this 
right in practice through periodic, free, and fair elections based on 
universal suffrage. Watchdog organizations and opposition parties alike 
reported government-affiliated local businesses resorted to 
intimidation and pressure to insure electoral support for the ruling 
party, GERB, in the October local and presidential elections.

    Elections and Political Participation.--Recent Elections.--Despite 
a new electoral code, concerns about the effectiveness of law 
enforcement and the judiciary, and allegations of vote-buying which 
negatively affected the election environment, observers widely regarded 
the results of the 2011 local and presidential elections free and fair. 
The final report of the Limited Election Observation Mission of OSCE's 
Office for Democratic Institutions and Human Rights (ODIHR) found the 
election generally was conducted in accordance with OSCE commitments 
and Council of Europe standards.
    The law prohibits campaigning in languages other than Bulgarian. In 
its report on the 2009 elections, ODIHR noted that this requirement, as 
well as the absence of official voter information in minority 
languages, limited the ability of some members of the Romani and 
Turkish minority groups to understand the election rules and to 
participate effectively in the election process.
    In November and December prosecutors filed 102 cases and the courts 
convicted 18 persons for election-related violations in the local and 
presidential elections in October. Investigation of 42 further cases of 
election fraud were pending.

    Political Parties.--The law requires a political party to have 
2,500 members to register officially. Voters of Romani or Turkish 
origin were legally limited in that the constitution does not allow for 
the establishment of political parties along ethnic lines. In practice 
this prohibition did not appear to weaken the role of some ethnic 
minorities in the political process, and a number of parties 
represented various ethnic minority groups.

    Participation of Women and Minorities.--There were 57 women in the 
240-seat National Assembly. There were three female ministers out of 16 
ministers in total. Women held key positions in the National Assembly, 
including those of speaker of the assembly, one deputy speaker, and 
chairmen of seven of the 20 standing committees.
    There were 28 members of minority groups (27 ethnic Turks and one 
Rom) in the National Assembly. There was one ethnic Turkish minister in 
the cabinet. While the ethnic Turkish minority was well represented, 
Roma were underrepresented, particularly in appointed leadership 
positions. Pomaks (ethnic Bulgarians who are Muslims) held elected 
positions at the local level.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. 
However, the government did not implement the law effectively, and 
officials in all branches of government often engaged in corrupt 
practices with impunity. World Bank governance indices indicated that 
corruption was a problem. Corrupt practices included bribery, conflict 
of interest, elaborate embezzlement schemes, procurement violations, 
and influence trading.
    In July the European Commission's Cooperation and Verification 
Mechanism (CVM) report stated that the fight against high-level 
corruption had not yet yielded convincing results. There were very few 
final and enforced verdicts in this area, and there were few instances 
of active targeting of high-level corruption. The report further stated 
that a number of acquittals in cases involving high-level corruption, 
fraud, and organized crime exposed serious deficiencies in judicial 
practice. The leadership of the judiciary, the Supreme Judicial 
Council, the general prosecutor and the president of the Supreme Court 
of Cassation did not properly analyze or follow up these deficiencies. 
There were reports that random case-assignment software was manipulated 
to steer certain cases to specific judges. In both the executive and 
judiciary, NGOs reported that corrupt officials were pressured to quit 
or retire, or most often were reassigned, rather than prosecuted on 
corruption-related charges. The overly formal judicial system made it 
difficult to prosecute high-profile organized crime and corruption 
cases effectively. Legal and procedural limitations on the use of sting 
operations, plea bargaining, and cooperating witnesses made it 
difficult to pursue corruption cases.
    In September the minister of interior prohibited the acceptance of 
donations to the ministry by individuals and corporations after the CVM 
report heavily criticized the practice.
    The prosecution dropped charges in three of the five corruption 
cases against former ministers begun in 2010; two cases continued. The 
trend continued during the year of high profile cases ending in 
acquittal, but there were some successes.
    On June 22, the appellate court overturned the acquittals of former 
deputy minister of interior Raif Mustafa and his associate, Rosen 
Marinov, on the charge of attempting to bribe the former head of the 
Fisheries Agency. The court gave them suspended sentences of two and 
three years, respectively.
    In July, Dimitar Avramov and Stoyan Gyuzelev, members of parliament 
from the ruling party, GERB, were required to pay 5,000 levs ($3,342) 
each, after the Supreme Cassation Court found them guilty of conflict 
of interest. This was the first time parliamentarians were convicted of 
conflict of interest.
    The law mandates that government officials declare any 
circumstances in which they could be accused of using their position 
for personal profit. High-level public officials who fail to submit a 
financial disclosure declaration can be fined as much as 1,500 levs 
($1,000). According to the National Audit Office, during the year 34 of 
6,533 officials covered by the law did not submit their annual 
declarations by the statutory deadline, compared with 71 of 6,546 
officials in 2010. The July CVM report noted authorities did not 
effectively sanction false declarations or follow up on discrepancies.
    The law provides the right of public access to government 
information; however, NGOs continued to complain the government did not 
implement the law effectively. While the courts allowed greater access 
to government information, the government rarely complied with these 
decisions.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Human rights observers 
reported uneven levels of cooperation from various national and local 
government officials.

    Government Human Rights Bodies.--The ombudsman reviews complaints 
of individuals against the government for violations of rights or 
freedoms. The ombudsman can request information from authorities, act 
as an intermediary in resolving disputes, make proposals for 
terminating existing practices, refer information to the prosecution 
service, and request the Constitutional Court to abolish legal 
provisions as unconstitutional. During the year the ombudsman received 
5,530 complaints of violations of citizens' rights and freedoms 
compared with 3,687 in 2010. The majority of complaints concerned 
quality of public services, social assistance programs, and property 
problems. The authorities sometimes acted in response to 
recommendations from the ombudsman.
    A permanent parliamentary committee oversees human rights, 
religious denominations, and citizens' complaints and petitions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the grounds of race, gender, 
disability, social status, and sexual orientation; however, the law 
does not prohibit discrimination on the basis of language. Societal 
discrimination continued, particularly against persons with 
disabilities; ethnic minorities; and lesbian, gay, bisexual, and 
transgender (LGBT) persons. Trafficking in persons continued to be a 
problem.
    The government investigated complaints of discrimination, issued 
rulings, and imposed sanctions against violators. The law allows 
individuals to pursue a discrimination case through the court system or 
through the CPD. The CPD's mandate expired in 2009, but authorities did 
not select new members. Many legal experts were concerned that the law 
is not precise whether the old CPD members retained their authority. 
Notwithstanding, in the 10 months through October, the CPD received 685 
complaints, up from 663 in 2010. The majority of the complaints 
concerned personal status, age, and disability discrimination. The 
commission found 177 cases of discriminatory practices and imposed 53 
fines totaling 49,100 levs ($32,800) on violators.
    In April the National Assembly amended the penal code to toughen 
sentences when racist and xenophobic acts lead to homicide and bodily 
injuries.

    Women.--Rape and Domestic Violence.--Rape is illegal but 
underreported due to the stigma attached to it. Authorities generally 
enforced laws against rape when violations came to their attention. 
Spousal rape can be prosecuted under the general rape statute; however, 
authorities rarely prosecuted it in practice. Sentences for rape range 
from two to eight years in prison (from three to 10 years if the victim 
is a blood relative). When rape results in serious injury or suicide, 
sentences range between three and 15 years' imprisonment and, when the 
victim is a minor, between 10 and 20 years. According to NGOs the 
social taboo experienced by rape victims discouraged them from 
reporting the crime and was a far more serious obstacle to prosecution 
than police reluctance to investigate. As of October the prosecution 
service filed 203 rape cases and pursued 67 prosecutions, and the court 
sentenced 83 persons.
    The law defines domestic violence as any act of, or attempted act 
of, sexual violence; or physical, psychological, emotional, or economic 
pressure against members of one's family or between cohabiting persons. 
It empowers the court to impose fines, issue restraining or eviction 
orders, or require special counseling. The law requires the government 
to adopt an annual action plan to prevent and protect against domestic 
violence and requires the state to fund it.
    Observers noted the law was generally enforced in cases of physical 
violence, but that authorities did not pay much attention to other 
types of domestic abuse. Although there were no precise statistics, 
NGOs estimated that one in four women was a victim of domestic 
violence, an increase over previous years.
    On March 30, the government adopted a national program for 
prevention of and protection against domestic violence that provides a 
framework for partnership between the government and NGOs and allocates 
funding. The program sets out standard procedures for assistance and 
support to domestic violence victims and provides for the creation of a 
coordination mechanism.
    A local NGO operated a free 24-hour hotline for women in crisis, 
and other NGOs provided short-term protection and counseling to victims 
in 17 crisis centers and shelters throughout the country. Police and 
social workers referred victims of domestic violence to NGO-run 
shelters, but NGOs complained that local authorities rarely provided 
financial assistance for operational costs. Women's rights 
organizations continued to insist that the government lacked an active 
policy to enforce gender equality and provide protection against 
domestic violence. In August the U.N. Committee on the Elimination of 
Discrimination against Women criticized Bulgaria for failing to fulfill 
its obligations under the international convention by failing to 
provide effective protection against domestic violence to a mother and 
her two underage children. The committee recommended the government pay 
compensation to the woman.

    Sexual Harassment.--The law identifies sexual harassment as a 
specific form of discrimination punishable as coercion by up to six 
years in prison. During the year the CPD received fewer sexual 
harassment complaints than in the previous year, less than 1 percent of 
all complaints. However, sexual harassment remained an underreported 
problem.

    Sex Tourism.--Sex tourism existed in some tourist resorts. Media 
reports stated some hotels solicited business by advertising code-named 
sex services.

    Reproductive Rights.--The government generally respected the right 
of couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children, and to have the information and 
means to do so free from discrimination, coercion, and violence. Women 
generally had good access to contraception and skilled attendance 
during childbirth, and to prenatal care, including essential obstetric 
and postpartum care. Women in poor rural areas had less access to 
contraception due to poverty and lack of education; skilled attendance 
at childbirth was sometimes less available due to lack of health 
insurance.

    Discrimination.--The law provides women with the same rights as 
men; however, women faced some discrimination in hiring and pay. 
According to a report by the European Parliament during the year, 
women's salaries were 13.6 percent lower than men's, and they occupied 
only 11 percent of business executive positions. Women were also 
disproportionally underrepresented in government; only 11.3 percent of 
mayors were women. The National Council on Equality between Women and 
Men, headed by the minister of labor and social policy under the 
Council of Ministers, is responsible for safeguarding the rights of 
women. Primarily a consultative body, the council is charged with 
promoting cooperation and coordination among NGOs and government 
agencies.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. Children are immediately registered upon birth in the country.

    Education.--Public education is compulsory to the age of 16 and 
free through the 12th grade, but authorities did not effectively 
enforce attendance requirements.
    Approximately 20,000 children drop out of school every year. This 
trend affected the ethnic minorities disproportionately: While 55 
percent of the Turkish and 46.2 percent of the Romani population 
completed primary education, only 24 percent of Turkish and 7.8 percent 
of Roma completed secondary education.

    Child Abuse.--Violence against children was a problem. According to 
the State Agency for Child Protection, 2,155 children were victims of 
violence in 2010, of whom 77 percent were victims of violence in the 
home. Nationwide one in three children was a victim of physical 
violence, and one in eight of sexual violence. Nearly 19 percent of the 
cases involved emotional abuse. UNICEF reported that 23 percent of 
students between the ages of 10 and 14 were victims of cyber-bullying, 
while 13 percent of students admitted to cyber-bullying. According to 
the National Statistical Institute, 2,090 children were victims of 
serious crimes in 2010, a slight increase from 2,009 juvenile victims 
in 2009. Experts commented that the cruelty of the acts had increased, 
with the number of killings increasing from seven to 12.
    The government funded an NGO-operated 24-hour free hotline for 
children to report abuse; during the first nine months of the year, the 
hotline received 13,106 verified complaints. Nearly 13 percent of the 
calls concerned family problems and violence. These calls prompted 
investigations that sometimes resulted in the removal of children from 
abusive homes and the prosecution of abusive parents. Hotline 
administrators referred 235 reports to child protection authorities for 
handling.

    Child Marriage.--The minimum age for marriage is 16. Although no 
official statistics were available, NGOs reported that child marriage 
was common in Romani communities. According to the Romani NGO Amalipe, 
20 percent of 16-year-old Roma and 50 percent of 18-year-old Roma were 
either married or cohabited, which resulted in school dropouts, early 
childbirths, poor parenting, and spreading poverty. The earliest 
reported age for cohabitation among the Roma was 12. The legal minimum 
age for consensual sex is 14.

    Sexual Exploitation of Children.--The penal code provides for two 
to eight years' imprisonment and a fine of 5,000-15,000 levs ($3,342-
$10,026) for forcing children into prostitution, as well as three to 10 
years' imprisonment and a fine of 10,000-20,000 levs ($6,684-$13,369) 
for child sex trafficking. The law prohibits child pornography and 
provides for up to six years in prison and a fine of up to 8,000 levs 
($5,347).

    Institutionalized Children.--As of June the prosecution service 
charged four persons with crimes and continued to investigate 238 
deaths and other problems involving malnutrition, serious infections, 
sexual abuse, physical violence, and injury uncovered during its 
September 2010 inspections of specialized institutions for children. As 
of July, 5,328 children lived in 127 specialized institutions. In June 
a report by the European Roma Rights Center and the BHC stated that 
Romani children accounted for 63 percent of all institutionalized 
children, while Roma accounted for 10 percent of the total population. 
Most children in state institutions were not orphans; courts 
institutionalized children when they determined that their families 
were unable to provide them adequate care.
    During the year the government began a deinstitutionalization 
program with the aim of integrating institutionalized children up to 
the age of three into the homes of their biological families or foster 
families or other family-type settings.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The 2011 census identified only 1,130 Jews in the 
country. Local Jewish organizations counted 5,000-7,000. Neo-Nazi 
graffiti could be seen in many cities. Defacement of Jewish buildings, 
both public and private, occurred in Pleven, Ruse, Shumen, Burgas, 
Sofia, Blagoevgrad, and Pazardjik. Internet social networks have become 
increasingly popular with anti-Semitic groups, especially after the 
Katunitsa events (see the section on National/Racial/Ethnic Minorities 
below). Jewish organizations remained concerned over the government's 
passivity in addressing all hate crimes. Public reaction to this 
passivity was muted.
    The prosecution service refused to start a case against extreme 
right-wing ATAKA party leader Volen Siderov for the reprinting of his 
two anti-Semitic books, Boomerang of Evil and Mammon's Power. In 
September the Sofia City Court convicted Emil Antonov for spreading 
fascism and religious hatred in his book Foundations of National 
Socialism and ordered him to pay a 500-lev ($334) fine.

    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 in employment, education, access to health care, and the 
provision of other state services; however, the government did not 
effectively enforce these provisions in practice. Societal 
discrimination against persons with disabilities persisted.
    The law requires improved access to buildings for persons with 
disabilities, and some new public works projects took this requirement 
into account. However, enforcement of this law lagged in existing, 
unrenovated buildings. The law promotes the employment of persons with 
disabilities; however, enforcement was poor, and 90 percent of persons 
with disabilities were unemployed, primarily due to lack of access to 
adequate education, lack of skills, and lack of accessible 
transportation. For the most part employers did not equip workplaces to 
accommodate persons with disabilities.
    The constitution provides the right of all citizens to vote, and 
the law provides specific provisions to ensure that persons with 
disabilities have access to the polls. However, authorities sometimes 
did not enforce these provisions.
    The country's generally poor infrastructure for disabled people 
provided them with inadequate access to education, healthcare, and 
social services. Persons with mental and physical disabilities, 
including very young children, were often in institutions separated 
from the rest of society. The remote locations of most institutions 
prevented the hiring of qualified staff and hampered access to timely 
medical assistance. Despite some incremental improvements, conditions 
in institutions for persons with disabilities remained poor.
    The government continued to lack a policy for children with 
disabilities, who had inadequate access to education, healthcare, and 
social services. NGOs criticized the government for not moving toward 
an inclusive, community-oriented model of education, socialization, and 
health care for persons with disabilities. Critics maintained the 
government continued budgeting funds (more than 242 million levs 
[$161.7 million] in 2010) to support organizations and nontransparent 
programs for persons with disabilities instead of adopting more cost 
effective measures.
    The government operated 24 institutions for children and youth with 
disabilities. Children with varying types and degrees of disability 
were placed in the same institution. As of June there were 820 children 
with disabilities in public institutions, compared with 941 in 2010. 
According to the National Network for Children, 9,000 children with 
disabilities (approximately 54 percent of all such children) were 
integrated in the mainstream public schools.
    The Interagency Council for Integration of Persons with 
Disabilities was responsible for developing the policy supporting 
persons with disabilities. The Ministry of Labor and Social Policy, 
through its executive agency for persons with disabilities, was 
responsible for protecting the rights of disabled persons and worked 
with government-supported national representative organizations to that 
end. However, human rights groups remained concerned about the lack of 
vision and transparency regarding financial and other support to the 
national representative organizations as well as the poor capacity of 
the agency to implement any reforms.
    In June the government approved a long-term strategy to bring 
cohesiveness and to coordinate the various programs which address the 
employment of persons with disabilities. The strategy also aimed to 
create more job-related opportunities and to improve social 
integration.

    National/Racial/Ethnic Minorities.--According to the 2011 census, 
there were 325,345 Roma in the country, i.e., less than 5 percent of 
the population. Ethnic Turks numbered 588,318, or less than 9 percent 
of the population. Observers asserted that these figures were 
inaccurate, because more than 600,000 persons did not answer the census 
question about their ethnic origin, and officials did not conduct a 
proper count in most Romani communities but rather either made 
assumptions or failed to include them altogether.
    Societal discrimination and popular prejudice against Roma and 
other minority groups remained a problem, and there were incidents of 
violence between members of different ethnic groups. On September 19, a 
van driven by relatives of alleged Romani crime boss Kiril Rashkov 
killed a pedestrian in Katunitsa, a small village in central Bulgaria. 
This allegedly intentional act sparked a series of sometimes violent 
demonstrations throughout the country which lasted for over a week and 
led to the arrest of hundreds of protesters. The protests resulted in 
property damage, but the media reported few injuries. On September 24, 
a mob of angry local residents, indignant with authorities who for 
years had allegedly allowed Rashkov and his family to escape justice, 
joined in protest by soccer hooligans, set fire to Rashkov's home. 
Police arrested Rashkov on September 28.
    Internet fora and social networks helped incite the September 
unrest by changing the tenor of the protest to be more generally anti-
Romani and anti-Turkish. While the demonstrations included anti-Romani 
and anti-Turkish elements, most protesters voiced dissatisfaction with 
an inequitable system of justice. The prosecution service opened 14 
cases of xenophobia; one person was convicted for creating a Web site 
calling for the extermination of the Roma.
    Many Roma continued to live in appalling conditions. According to 
NGOs the historical landlessness of Roma was among the main factors for 
their poor housing situation. NGOs estimated that 50 to 70 percent of 
Romani housing was illegally constructed and were concerned that more 
municipalities would initiate legal proceedings to demolish illegally 
built houses. In August the municipal government in Petrich demolished 
11 shacks following a yearlong discussion in which the national 
ombudsman participated. The Sofia municipality initiated an EU-funded 
project for the construction of apartment buildings for Roma living in 
the city's biggest ghetto. The project envisioned future Romani 
inhabitants' participating in the construction in order to inculcate a 
sense of ownership. Burgas, Vidin, Devnya, and Dupnitsa also received 
funding for similar housing projects.
    Workplace discrimination against minorities continued to be a 
problem. General public mistrust, coupled with their low level of 
education, made locating work more difficult for Roma. According to a 
2010 NGO survey, 12.8 percent of the Roma had a permanent job and 13 
percent of the Roma had seasonal or occasional occupation.
    Romani children often attended de facto segregated schools where 
they received inferior education which, in addition to social and 
family reasons, was among the main factors for Romani students' 
dropping out of school. The government did not have effective programs 
for the reintegration of students who dropped out. However, there were 
isolated examples of success, such as an Open Society Institute program 
funded by the Roma Education Fund, which supported young Roma studying 
in medical schools and the National Assembly internship program that 
graduated 10 young Romani professionals each year since 2007.
    The access of Roma to health services continued to be a problem, 
and in some cases there was discrimination. According to a health 
survey released in October by the Bulgarian Academy of Sciences, 56 
percent of Roma over the age of 15 suffered from hypertension and 47.5 
percent of Romani children and 23.9 percent of adults suffered from 
diabetes and asthma. Bronchitis, cardiovascular disease, peptic ulcers, 
arthritis, rheumatism, prostate, and menopause problems were chronic in 
many Romani communities. One successful model in addressing Romani 
access to health services was the collaboration between the National 
Network of Health Mediators and central and local government. Since its 
inception this partnership trained more than 100 health mediators 
appointed to full time positions in 55 municipalities to work with 
high-risk and vulnerable groups.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination on the basis of sexual orientation, but the government 
did not effectively enforce this prohibition. While reports of violence 
against LGBT persons were rare, societal discrimination, particularly 
discrimination in employment, remained a problem. NGOs stated that 
individuals were reluctant to seek redress in the courts due to fear of 
being openly identified as belonging to the LGBT community.
    On July 4, the Supreme Administrative Court upheld the 
Antidiscrimination Commission's ruling that a Pazardjik city regulation 
prohibiting public expression of sexual orientation violated the 
country's antidiscrimination laws.
    On June 18, the fourth annual gay pride parade took place in 
downtown Sofia. In the days before the parade, hate groups used social 
networks to call for a large-scale counterdemonstration to occur 
earlier on the same day. The police took the threat seriously, but only 
a few counterdemonstrators showed up. The parade attracted an estimated 
450 participants and went on without incident. However, following the 
march, unknown persons attacked five volunteers outside the parade's 
secure zone. Three of the volunteers suffered minor injuries.

    Other Societal Violence or Discrimination.--According to the NGO 
Hope against AIDS Foundation, HIV/AIDS patients faced discrimination 
and inadequate medical care due to doctors' refusing to provide 
treatment because of a fear of contracting the disease. Patients 
typically did not contest these situations in court because of the 
social stigma attached to having HIV/AIDS. Patients reported hiding the 
fact that they were HIV-positive in order to receive medical care. The 
NGO stated that at least four patients with HIV/AIDS died due to denial 
of treatment.
    Society stigmatized women who were diagnosed and treated for 
sexually transmitted diseases.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide for the right of all workers to form 
or join independent trade unions of their choice without previous 
authorization or excessive requirements. The law also provides for the 
right to strike; however, key public sector employees (primarily 
military and law enforcement personnel) were subject to a blanket 
prohibition against striking. These employees were able to take the 
government to court as a means of ensuring due process in protecting 
their rights. The law allows unions to conduct their activities without 
interference.
    The law provides a national legal structure for collective 
bargaining. When employers and trade unions reach a collective 
agreement at the sectoral level, they can jointly request the Minister 
of Labor extend it to cover all enterprises in the sector. The law 
denies public servants the right to collective bargaining. The law 
prohibits antiunion discrimination and includes a provision for a six-
month salary payment as compensation for illegal dismissal. Complaints 
of discrimination based on union affiliation can be filed with the 
Commission for Protection against Discrimination, but there were no 
reports of such complaints during the year.
    In general the government effectively enforced the laws. However, 
union leaders complained that court proceedings for reinstatement of 
unfairly dismissed workers often took years to resolve and were not a 
strong deterrent of antiunion discrimination.
    Workers exercised the right to organize and join unions as well as 
the right to strike. In general the government allowed unions to 
conduct their activities without interference. However, unions reported 
some cases of employers' relocating, firing, and demoting union leaders 
and members. Labor unions also alleged that some employers failed to 
bargain in good faith or to adhere to agreements. Union leaders stated 
that some employers asked new employees to sign declarations that they 
would not establish or join unions.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children. According to the 
government's General Labor Inspectorate, the government effectively 
enforced those prohibitions. However, there were some reports of 
children being forced to work for their families or criminal 
organizations. 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 16 and the minimum age for 
dangerous work at 18. To employ children under the age of 18, employers 
must obtain a work permit from the General Labor Inspectorate of the 
Ministry of Labor and Social Policy. Employers can hire children under 
the age of 16 with special permits for light work that is not risky or 
harmful to the child's development and that does not interfere with the 
child's education or training. The General Labor Inspectorate inspected 
the working conditions at all companies seeking and holding child work 
permits.
    Employment of children without a work permit is a criminal offense 
and entails a punishment of up to six months in prison. Child labor 
laws generally were enforced well in the formal sector, but NGOs 
reported that children were exploited in certain industries 
(particularly small family-owned shops, textile production, 
restaurants, construction businesses, and periodical sales) and by 
organized crime (notably for prostitution, pickpocketing, and the 
distribution of narcotics). Besides child sex trafficking, the worst 
forms of child labor included heavy physical labor and labor on family 
tobacco farms, a significant health hazard.
    The government continued programs to eliminate the worst forms of 
child labor, mounted educational campaigns about their effects, and 
intervened to protect, withdraw, rehabilitate, and reintegrate children 
engaged in the worst forms of child labor. The General Labor 
Inspectorate continued to report a decline in child employment during 
the year, which was primarily due to the overall unemployment rise 
resulting from the financial crisis. As of October the inspectorate 
granted 1,684 requests for employment of children between the ages of 
16 and 18 years. The inspectorate granted 60 requests for work permits 
for children under the age of 16. In 2010 the inspectorate uncovered 
2,786 violations related to child employment, imposed 2,707 sanctions, 
and filed 245 administrative proceedings. In addition to failure to 
recognize the different provisions for paid leave and working hours 
that apply to minors, the violations involved primarily hiring a child 
without a work permit, contract, or required medical certificate. 
According to the inspectorate, once corrected, employers did not repeat 
the violations.
    The government continued to report a declining trend in the number 
of children detained by police for vagrancy and begging, which as of 
October was 246 compared with 397 during the same period in 2010. Many 
believed adults exploited these children, who were primarily engaged in 
begging, prostitution, or washing car windows. When such children were 
apprehended, police generally placed them in protective custody for up 
to 24 hours or in crisis centers for longer periods, unless remanded to 
protective custody by a prosecutor. Subsequently, authorities sent many 
children to state-run institutions.

    d. Acceptable Conditions of Work.--The national minimum wage was 
270 levs ($180) per month. The poverty income level as of October, 
according to the trade unions, was 198.48 levs ($132.67), up 7.2 
percent compared with June 2010. In November the government set the 
poverty line at 236 levs ($158).
    The law provides for a standard workweek of 40 hours with at least 
one 24-hour rest period per week; the law prohibits excessive 
compulsory overtime. The law prohibits overtime work for children under 
age 18, pregnant women, and women with children up to age six. The law 
stipulates that the pay premium for overtime cannot be less than 150 
percent during workdays, 175 percent during weekends, and 200 percent 
during 12 official holidays. The Ministry of Labor and Social Policy is 
responsible for enforcing both the minimum wage and the standard 
workweek. Enforcement was generally effective in the government sector 
but weaker in the private sector. During the year the General Labor 
Inspectorate found 490 violations of overtime pay rules.
    A national labor safety program, with standards established by law, 
gives employees the right to healthy and nonhazardous working 
conditions. The General Labor Inspectorate is responsible for 
monitoring and enforcement. However, with a significant grey market 
economy, many informal workers are not covered by legal protections or 
government inspections. In September the government expanded the 
General Labor Inspectorate, adding 110 new positions in an effort to 
reduce extensive grey market employment. There were 423 labor 
inspectors. In the first nine months of the year, there were 2,047 
work-related accidents compared with 2,233 in the period in 2010. 
Conditions in some sectors, particularly construction, mining, 
chemicals, and transportation, continued to pose risks for workers. As 
of October there were 58 work-related deaths, mainly in the 
transportation sector, compared with 60 for the same period in 2010.

                               __________

                                CROATIA

                           EXECUTIVE SUMMARY
    The Republic of Croatia is a constitutional parliamentary 
democracy. Legislative authority is vested in the unicameral parliament 
(Sabor). The president serves as head of state and nominates the prime 
minister, who leads the government. Domestic and international 
observers stated that parliamentary elections held in December were in 
accordance with international standards. Security forces reported to 
civilian authorities.
    During the year the most important problems in the country were 
societal discrimination and some instances of violence directed against 
members of ethnic minorities, particularly ethnic Serbs and Roma, which 
discouraged the return of displaced persons to their homes, slowed 
property restitution, and delayed recovery from the conflict in the 
early 1990s. Hostility and violence directed at lesbian, gay, bisexual, 
and transgender (LGBT) persons increased during the year. Official 
corruption remained a deep-seated problem despite the ongoing 
prosecution of a former prime minister and other senior Croatian 
officials.
    Other important human rights problems included prison conditions, 
such as overcrowding, and delays in the judicial system. Property 
restitution claims stemming from World War II, the Communist era, and 
the wars of 1991-95 remain unresolved. Instances of restrictions on 
freedom of association, child abuse, limitations on the right to 
strike, restrictions on collective bargaining, and child labor problems 
were also reported.
    The government took significant steps to prosecute and punish 
officials who committed abuses of human rights. It has not, however, 
succeeded in establishing a certainty of punishment for abusers, and 
lingering ethnic prejudices from the wars of 1991-95 remain.
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.--During the year there were no reports of new 
politically motivated disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that the government employed them.

    Prison and Detention Center Conditions.--The ombudsman for human 
rights regularly visited prisons throughout the country to assess 
conditions. According to the ombudsman, the treatment of prisoners was 
generally humane. Prisoners had potable water. However, the ombudsman 
specifically cited poor ventilation, insufficient outdoor time, lack of 
fresh air, and few work opportunities as problems. While prisoners 
generally had access to medical care, medical personnel did not staff 
all prisons continuously, thereby creating deficiencies in healthcare. 
Access to sufficient psychiatric services and specialists was a 
problem. The Central Office of the Prison System Department that 
monitors prison conditions responded to complaints about prison 
conditions from the ombudsman's office, and rectified some problems. 
Conditions for women are often better than those of men; women who give 
birth in prison can keep their children with them for up to three 
years.
    The prison system had a capacity of 5,200 to 5,300 persons. There 
were an estimated 5,230 inmates in prisons, penitentiaries, and 
juvenile detention institutions at the end of 2010, according to the 
most recent ombudsman's report. Of the inmate population, 249 were 
women and 76 were juveniles. A total of 13 deaths (11 natural deaths 
and two suicides) occurred.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observances. Authorities did not permit prisoners 
and detainees to submit complaints to judicial authorities without 
monitoring. Authorities allowed prisoners to request investigation of 
credible allegations of inhumane conditions; however, the ombudsman 
reported that prison staff verbally harassed some prisoners who 
complained.
    The ombudsman has no authority over such matters as alternatives to 
incarceration for nonviolent offenders or to alleviate overcrowding. He 
also cannot address the confinement of juvenile offenders; or improve 
pretrial detention, bail, and recordkeeping procedures to ensure that 
prisoners do not serve beyond the maximum sentence for the charged 
offense. The ombudsman can only intervene in relation to prison 
conditions. His opinion is not binding.
    On May 25, the government opened a new prison in Glina to comply 
with a 2009 decree by the Constitutional Court to ease overcrowding in 
the penal system within five years. While the facility was designed for 
420 prisoners, the ombudsman noted that due to increased incarceration 
rates, the new facility would not ease overcrowding in the country's 
prisons.
    The government permitted visits by independent human rights 
observers, including the International Committee of the Red Cross and 
the Council of Europe's Committee for the Prevention of Torture, in 
accordance with their standard modalities.

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

    Role of the Police and Security Apparatus.--The national police 
have primary responsibility for domestic national security. However, in 
times of disorder, the prime minister and the president may call upon 
the military to provide security. The intelligence service is under the 
authority of the prime minister and the president. An independent 
oversight board monitors the intelligence service's activity.

    Arrest Procedures and Treatment While in Detention.--Under the new 
law on criminal procedure, which came into force for all types of 
prosecutors on September 1, state prosecutors may hold suspects for up 
to 48 hours. In all cases an investigative judge must decide within 12 
hours whether to extend the detention for further investigation. 
Investigative detention generally lasts up to 30 days; however, the law 
allows for a six-month pretrial detention. A court may extend that 
period to 12 months in certain cases, primarily for war crimes, 
corruption, and organized crime, upon the state prosecutor's request. 
The courts may release detainees on their own recognizance. Detention 
centers allowed visits by family members. The state prosecutors in the 
Office for Suppression of Corruption and Organized Crime (USKOK) have 
implemented this law since 2009.
    The law designates investigative judges as responsible for the 
oversight of investigations, detentions, the protection of human rights 
issues, and the supervision of relations between prosecutors and 
defendants. Investigative judges also rule on appeals to detention 
orders and on the use of special investigative techniques such as 
surveillance, wiretapping, and raids. The law also provides for a 
``supervisor for detention,'' who is responsible for ensuring that the 
constitutional rights of detainees are not violated.

    Amnesty.--The law permits amnesty except in cases of war crimes. At 
the end of 2008, the State Attorney's Office launched an action plan 
that, inter alia, provided for the review of all war crimes indictments 
or continuing investigations. Since it went into effect in 2009, 
prosecutors either downgraded charges from war crimes to armed 
rebellion, for which amnesty would apply, or cancelled proceedings for 
other reasons, such as insufficient evidence.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence. The judiciary continued to suffer from a heavy 
backlog of cases. The Ministry of Justice reported that 810,736 
unresolved civil and criminal cases remained before the courts as of 
September 30.

    Trial Procedures.--The constitution and law provide for the right 
to a public trial, and an independent judiciary generally enforced this 
right. Defendants enjoy the presumption of innocence. To hear cases, 
the legal system uses panels of judges that in some cases include lay 
judges, rather than juries. Defendants have the right to counsel, to be 
present at trial, to confront or question witnesses against them, and 
to present witnesses and evidence on their behalf. Defendants have 
access to evidence relevant to their cases and have the right to 
appeal.
    On April 6, the Constitutional Court annulled five articles of the 
law on free legal aid due to restrictive and vague provisions that 
hindered vulnerable individuals from accessing free legal aid. On July 
14, the amended law addressing the Constitutional Court's requirements 
took effect. However, a group of 30 NGOs, including the umbrella NGO 
Human Rights House, the ombudsman, and legal experts from the Zagreb 
Law School, doubted that the new legislation would significantly 
improve the referral system or make legal aid more accessible.
    On May 6, parliament adopted amendments to the law on the 
application of the International Criminal Court Statute that, among 
other provisions, assigned exclusive jurisdiction over all new war 
crimes cases to four county courts at Osijek, Rijeka, Split, and 
Zagreb. Ongoing cases in 15 county courts may continue in those 
jurisdictions. The amendments enable national courts to utilize 
evidence collected by the International Criminal Tribunal for the 
former Yugoslavia (ICTY) in domestic war crimes trials, superseding a 
2010 Supreme Court decision that held that ICTY witness statements 
could not serve as an evidentiary basis for convictions.
    The law on criminal procedure provides for the re-opening of war 
crimes cases tried in absentia upon the presentation of new evidence by 
either the defendant or prosecutor, regardless of whether or not the 
defendant is present in the country. Since the adoption of the chief 
state prosecutor's action plan in 2008, the prosecutor's office has 
requested trials be reopened for 94 individual defendants, while an 
additional 22 individual defendants have also requested that their own 
in absentia convictions be reopened, and two requests came from courts. 
The courts of original jurisdiction have granted the requests. 
Therefore, of 464 in absentia convictions, the courts have agreed to 
reopen cases of a total of 118 defendants.
    On June 8, the Zagreb County State Attorney indicted former 
interior ministry official Tomislav Mercep on war crimes charges for 
allegedly ordering his subordinates to kill, detain, and inhumanly 
treat more than 50 civilians and failing to prevent these actions 
during the 1991-95 war.
    On June 20, police arrested Djuro Brodarac, the wartime chief of 
the Sisak police; his deputy Vlado Milankovic; and reserve police 
officer Drago Bosnjak in connection with war crimes committed in Sisak 
against ethnic Serbs in 1991 and 1992. Both Brodarac and Milankovic 
were investigated for their command responsibility while Bosnjak is 
alleged to have had a direct role in war crimes. Brodarac died on July 
13. The Osijek county prosecutor issued an indictment against 
Milankovic and Bosnjak on December 16.
    In January, the government opened three witness and victim support 
units in the County Courts of Rijeka, Sisak, and Split, with support 
from the U.N. Development Program (UNDP) following a pilot program in 
the county courts in Osijek, Vukovar, Zadar, and Zagreb. The government 
also created a seven-office nationwide network and a national committee 
to coordinate the expansion of witness and victim support; it also 
installed video-link equipment to conduct distance hearings. 
Nevertheless, the Organization for Security and Cooperation in Europe 
(OSCE) reported that judges were slow to take up the use of this new 
technology.
    The director of the Dalmatian Committee of Human Rights, Tonci 
Majic, was ordered by the Zagreb County Court to be taken by police on 
December 12 for a psychiatric evaluation due to the fact that he tore 
up several Croatian flags and sent them to the offices of President 
Josipovic and chief state prosecutor Mladen Bajic. Majic admitted to 
the act but was not charged with any crime. Majic is known for 
advocating for ethnic Serbs who were victims of torture at the Lora 
prison camp in Split. Media reported that Majic sent torn flags to 
these top officials in protest over what Majic perceives as inaction on 
the part of the state prosecutor's office in war crimes cases. Some 
human rights activists, such as Vesna Terselic, director of Dokumenta, 
an NGO that encourages reconciliation through dealing with the past, 
opposed legal action against Majic. Terselic said the ripped flag ``was 
a symbol of civil protest against an inefficient judiciary and as such 
cannot be treated as a criminal act.'' A court official stated that 
Majic was ``ordered to be brought for a psychiatric evaluation due to 
suspicions about his mental accountability.'' Majic refused to comply 
with this evaluation request and was immediately released. Destruction 
of the Croatian flag is punishable by up to three years in prison.
    The government took additional steps to prevent witness 
intimidation in war crimes cases.

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

    Regional Human Rights Court Decisions.--From January to December, 
the European Court of Human Rights (ECHR) found the government in 
violation of the European Convention on Human Rights in 29 cases. In 
the case of Jularic v. Croatia, the ECHR directed the government to pay 
the applicant 30,000 euros ($38,845) for failing to investigate 
properly the death of her husband at the hands of paramilitaries in 
1991. By the end of the year there were 126 ECHR judgments against the 
government, the implementation of which was being monitored by the 
Committee of Ministers of the Council of Europe. During the year 
Croatia complied with a 2010 ECHR ruling to compensate the families of 
15 Romani children who were segregated in school and undertook measures 
to prevent similar violations from occurring again. (See section 5, 
Governmental Attitude Regarding International and Nongovernmental 
Investigation of Alleged Violations of Human Rights.) During the year 
Croatia also compensated three Christian communities that the ECHR 
ruled in 2010 were entitled to government support.

    Civil Judicial Procedures and Remedies.--Individuals may seek 
damages for, or cessation of, a human rights violation, and they could 
appeal decisions to the ECHR. However, continuing case backlogs raised 
concerns about judicial effectiveness and efficiency. Administrative 
remedies are available as well for alleged wrongs.

    Property Restitution.--During the year the government endeavored to 
return private properties to their rightful owners. However, the law 
permitting the donation of state-owned housing to refugees gives 
precedence to the rights of temporary occupants, primarily ethnic 
Croats who were displaced or became refugees during the wars of the 
1990s, over those of the original owners, who were predominantly ethnic 
Serbs that fled their homes. The law provides for replacement property 
compensation, through administrative procedures for owners who cannot 
recover their former property. During the year the government resolved 
nine property restitution cases. In five cases, owners could not 
repossess their homes and were waiting for completion of administrative 
procedures.
    Repossession by ethnic Serbs of housing that once belonged to them 
continued. On May 13, parliament adopted changes to the act on areas of 
special state concern (war-affected areas), under which the government 
would assume the punitive mandate of the owner to pay illegal 
occupants-- predominantly ethnic Croats -- who seek to recover their 
so-called ``unsolicited'' investment (e.g. property improvements made 
by the occupants). The measure aimed to speed up resolution of these 
cases and thus to avoid the auction and sale of these properties to 
compensate the illegal occupants. Auctions were frequent in the past 
because many owners were unable to pay for the ``unsolicited'' 
investment. The law also allows for state-owned properties to be 
donated to these illegal occupants of privately owned property. 
Recipients of these donations have largely been Croat settlers from 
Bosnia and Herzegovina and Kosovo. According to UNHCR, thus far no 
property has ever been donated to an ethnic Serb. Of the 19,280 private 
properties registered as occupied, 19,267 have been repossessed by 
their lawful owners. Private property has not been returned in 13 
``unsolicited investment cases'' still pending before the courts.
    In September the government for the first time acted under the new 
law when it decided to assume the owner's role in the case of an ethnic 
Serb property owner, Milica Miladinovic. However, this owner rejected 
the settlement, finding it unfair. In this case, which has been in the 
public eye for years, the municipal court in Zlatar ordered an auction 
to be held in August. However, in September the government requested 
that the court become a party in the procedure and assume the 
obligation to repay the temporary occupant. The court's decision was 
still pending at the end of the year.
    Cases involving the restitution of property seized during World War 
II and the Communist era also remained a problem. The law on 
restitution of and compensation for property taken during the Communist 
era permits the restitution of property only to individuals who were 
citizens in 1996 when parliament passed the law. As a result, the law 
does not apply to persons whose property was expropriated, but who left 
the country and became citizens of other countries.
    Restitution of communal property remained a problem for the Serbian 
Orthodox Church and the Coordination of Jewish Communities in Croatia, 
the umbrella organization representing the Jewish Community of Zagreb 
and smaller communities throughout the country. In August the Ministry 
of Justice transferred title of a property in the town of Pirovac to 
the Jewish Community of Zagreb. A number of Jewish communal claims, 
including the much-publicized ``Amruseva 8'' in Zagreb, remain 
unresolved. Yugoslav authorities nationalized the building after World 
War II and it is still registered to an agricultural organization. In 
2004 the then minister of justice pledged to return this property.

    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 generally provide for freedom of 
speech and the press; however, growing economic pressures led 
journalists to practice self-censorship. Specifically, a number of 
journalists reported that publishers and media owners feared they would 
lose advertisers if they published negative reports about them. 
Journalists frequently practiced self-censorship in reporting on 
advertisers or those linked politically to them. Direct government 
efforts to influence the media were occasionally reported at the local 
level.

    Freedom of Speech.--The law provides for no less than six months' 
and no more than five years' imprisonment for hate speech. Hate speech 
committed over the Internet is punishable by six months' to three 
years' imprisonment. While freedom of speech is guaranteed by the 
constitution, the criminal code sanctions individuals who act ``with 
the goal of spreading racial, religious, sex, national, ethnic hatred 
or hatred based on the color of skin or sexual orientation or other 
characteristics.''

    Freedom of Press.--Many private newspapers and magazines were 
published without government interference. However, as media ownership 
was not fully transparent, some business and political interests 
concealed their influence on media outlets. There were reports that 
advertisers sought to prevent the publication of negative articles. 
These reports also noted that some media threatened to publish negative 
stories to extort money from the private sector.
    The South East Europe Media Organization (SEEMO), an affiliate of 
the International Press Institute (IPI), visited the country in January 
with IPI as part of a press freedom mission. The delegation noted 
several areas of concern including pressure from political and business 
groups, a lack of transparent media ownership, and threats and attacks 
against journalists covering organized crime and corruption.
    The law regulates the national television and radio networks 
separately from other electronic media. Independent television and 
radio stations operated in the country, and two of the four national 
television channels were private and independent. There were no reports 
of the government influencing these outlets via advertising revenue.
    Local governments partly or fully owned approximately 70 percent of 
the local broadcast media, making them particularly vulnerable to 
political pressure. Approximately 46 percent of local radio stations 
depended on local authorities for financial support.
    One of the country's best-known journalists, Zoran Sprajc, was 
suspended on December 20 from hosting and editing state-owned Croatian 
Television's (HTV) primetime broadcast for speaking out against alleged 
censorship by the national broadcast programming council. The row was 
spurred by reporting that HTV aired around the 20th anniversary of the 
fall of Vukovar that intimated Vukovar may have been sacrificed 
militarily by the newly independent government in Zagreb. The Croatian 
Journalists Association condemned the ``unlawful and non-transparent'' 
suspension of Sprajc and another editor, Stipe Alfier.
    On December 11, the Croatian Journalists Association (CJA) 
expressed grave concern over a ``media persecution campaign'' conducted 
by Osijek-based local media against Jutarnji list journalist Drago 
Hedl. Hedl was decorated by President Ivo Josipovic on December 7 on 
the occasion of International Human Rights Day. The following day, the 
Croatian Bishops Conference Justitia et Pax Commission expressed 
``dissatisfaction and deep dismay'' and requested Josipovic withdraw 
the decoration due to Hedl's alleged anti-clerical reporting 30 years 
ago. These CJA concerns were prompted by the numerous death threats 
Hedl received over several years from reporting on war crimes. Hedl was 
the first reporter to bring to light evidence of war crimes committed 
by Branimir Glavas, the honorary president of the Croatian Democratic 
Alliance of Slavonia and Baranja party, who is currently in prison in 
Bosnia and Herzegovina for war crimes. On July 19, the CJA, IPI, and 
SEEMO demanded that police and state prosecutors investigate death 
threats allegedly made by top military officials against Hedl.
    On September 11, Vecernji list carried a story on ``illegal 
financing'' of electoral campaigns by the Croatian Democratic Union 
(HDZ). On September 15, USKOK summoned Josip Bohutinski, one of the 
authors of the article, to testify. The police requested the journalist 
reveal his sources, but he apparently was not pressured to do so. 
Citing the freedom of the press law, Bohutinski did not cooperate. 
Croatia's former prime minister Jadranka Kosor, head of the then 
governing HDZ party, announced that whistleblowers in this case had to 
be questioned and that a thorough investigation would be carried out. 
On September 16, Oliver Vujovic, SEEMO's Secretary General ``strongly 
condemn[ed] this political and police pressure on journalists [who 
revealed alleged illegal party financing]'' and proclaimed that 
``journalists do not have to reveal their sources and such campaigns 
are designed to spread fear.'' The HDZ party was indicted for alleged 
illegal party financing on December 9.
    The media reported on November 8 that Nova TV journalist Danka 
Derifaj received death threats from the Gravel Association (Udruga 
sljuncara) on Facebook due to her reporting on the gravel industry. 
Derifaj informed the police about the threats. The same group 
previously brought a libel lawsuit against Derifaj for reporting on 
this issue.

    Libel Laws/National Security.--Libel is a criminal offense. The 
ruling HDZ party claimed that certain media reports alleging wide-scale 
corruption were libelous; however, during the year there were no 
reports of politically motivated libel cases being filed. A large 
number of libel cases from previous years remained unresolved due to 
judicial backlogs. Courts may fine, but not imprison, persons convicted 
of slander and libel.

    Nongovernmental Impact.--On June 11, Split police announced that 
following disturbances during the Split Gay Pride parade, a cameraman 
from the independent network RTL suffered a concussion when he was hit 
with a brick and that journalists from independent media RTL and HINA 
were also injured. The CJA expressed shock at the violence, blamed the 
``unprepared'' police, and requested that police and investigative 
bodies punish the perpetrators. The police arrested 100 perpetrators; 
so far, one perpetrator received a one year suspended sentence on 
November 30 for violent behavior and hate speech. Charges have been 
filed against 14 others for similar criminal acts, and 25 adults and 
four minors are still under investigation. (see section 6, Societal 
Abuses, Discrimination, and Acts of Violence Based on Sexual 
Orientation and Gender Identity).

    Internet Freedom.--There were no government restrictions on access 
to the Internet or credible reports 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 this right in practice.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the government generally respected this 
right in practice; however, the law gives the Ministry of Justice 
authority over the establishment and internal governance of NGOs. While 
authorities applied the law equally to all organizations, some 
observers saw the law as restrictive and controlling. For example, the 
law provides that organizations may not register if their statutory 
goals are deemed trivial or if their property is not deemed sufficient 
to carry out their statutory activities. The law also permits the 
government to influence the appointment of an organization's management 
body.

    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 internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.

    Emigration and Repatriation.--The Croatian foreign minister signed 
a joint declaration on November 7 in Belgrade along with the foreign 
ministers of Bosnia and Herzegovina, Montenegro, and Serbia to end 
displacement and ensure durable solutions for vulnerable refugees and 
internally displaced persons. The government agreed to participate in a 
joint regional multi-year project to be presented at a donor's 
conference in April 2012.
    Refugees returning to the country as citizens of other former 
Yugoslav republics, rather than as Croatian citizens, encountered 
obstacles in obtaining permanent residency status. The law permits 
these former habitual residents to apply immediately for temporary 
residence without meeting the requirements that apply to other 
foreigners. However, the government did not consistently apply this 
provision, resulting in uncertainty and delay in the integration of 
returnees. Permanent residency eases the resolution of other status 
issues including applying for the purchase of flats, thus promoting 
sustainable return of refugees. A new law on foreigners passed in 
October eased this adjustment of status process.
    In September the UNHCR criticized the government for charging 
former habitual residents 400 kunas ($68) to extend their monthly 
health insurance benefits, a precondition to extending their residency 
permits. The UNHCR asserted that this condition was legally baseless 
and that the fees were prohibitively expensive for many refugees. 
During the year the UNHCR also noted that in 62 cases minority 
returnees - former habitual residents of Croatia (non-Croatian citizens 
who held pre-war domicile in Croatia) who returned post-war to Croatia 
several years ago - were listed as being a threat to national security 
by the Security and Intelligence Agency (SOA). This status made it 
impossible to naturalize and they faced expulsion. SOA acknowledged 
this problem and adjusted their system to exclude only known 
collaborators of terrorist organizations or groups that have worked 
against the interest of Croatia (such as direct counter intelligence 
against Croatia).
    The UNHCR noted that many of these cases were resolved following 
the intervention of the SNV.
    The government took steps to recognize legal and administrative 
documents issued by entities not under the country's control during the 
1991-95 war. In July the government reported it received an estimated 
24,330 applications for recognition and issued decisions in 
approximately 95 percent of the cases. During the year the government 
approved documents in approximately 55 percent of the cases it decided. 
International observers noted wide discrepancies between regional 
offices with average approval rates varying by as much as 50 percent; 
the variances brought into question the equity of the approval system. 
The government responded that the discrepancy was due to the lack of 
documentation available in some regions and took steps during the year 
to help claimants obtain this documentation, with limited success. 
During the year Croatia and Serbia met several times within a working 
group tasked to find adequate legal solutions for problems related to 
recognition of documents and pension issues. The countries agreed to 
accept an EU funded expert to help resolve this matter.
    As of December, the Croatian government registered the return of 
398,427 refugees and internally displaced persons (IDPs) since 1995, 
132,921 of whom were minority Serbs. The UNHCR reported that 54 percent 
of these returns were permanent, while the remainder were either one-
time or ``commuter'' returns. International organizations cited the 
poor state of the regional economy, including the lack of employment, 
and delays in receiving permanent housing for the former tenants of 
socially owned apartments (a dwelling where an individual had the right 
to reside but did not own) as the main obstacles to return.
    The international community, including the UNHCR, expressed concern 
that changes to the law permitting the donation of state-owned housing 
to refugees had been implemented in a discriminatory manner, with the 
vast majority of beneficiaries being either Bosnian-Croats or local 
Croats with few, if any, ethnic Serbs or other minorities. At year's 
end the government had not addressed this concern.
    During the year the government's program to resolve the claims of 
persons, mainly ethnic Serbs, who held tenancy rights in socially owned 
apartments prior to the war, but who lost these rights during or just 
after the war, continued slowly. According to the UNHCR, from 1995 
through the end of November, the total number of requests for housing 
care stood at 14,688. Of the 8,715 approved requests, housing units 
have been allocated in 7,979 cases with allocation pending in the 
remaining 736 cases. Of the total number of requests, 4,804 were made 
for return to urban areas, among which 1,602 were approved. During the 
year the Ministry of Regional Development, Forestry, and Water 
Management completed its 2009 target of 2,070 housing units. The 
government added an additional 169 cases to this benchmark during the 
year, as certified by the UNHCR. In September Serb NGOs complained that 
the government lagged behind in setting any benchmarks during the years 
of 2010 and 2011, which the NGOs interpreted as a lack of commitment; 
however, the government portrayed its efforts as significant, 
particularly during dire financial times. The government projects its 
housing care benchmark for 2012 to 2014 will include the allocation of 
2,150 additional housing units.
    On March 3, the government adopted a decision on housing care for 
returnees who are former tenancy rights holders in urban areas (i.e., 
outside of war-affected areas). The government in November extended the 
deadline for applications for housing care in urban areas to April 30, 
2012 as the number of applicants was lower than anticipated (i.e., 
approximately 500 families encompassing 1,500 individuals). The 
government conducted an information campaign that consisted of 
television broadcasts in Serbia and the distribution of 8,000 leaflets 
through NGO networks in the region. Serb NGOs, including the SNV, 
complained that these campaigns were insufficient and partly 
responsible for the relatively small number of applications. The 
government responded by making presentations, along with the UNHCR, to 
ethnic Serb refugee organizations in Banja Luka, Bosnia and 
Herzegovina, and Belgrade, Serbia.
    To promote further the return of refugees, and to assist refugees 
who have already returned, at the end of 2010 the government initiated 
a program to permit returnees to urban areas to purchase state-owned 
flats below their market value. This same right was already provided to 
refugees who returned to less-developed, war-affected areas. However, 
no transactions were finalized as of December. The SNV welcomed this 
measure but was unsatisfied that by December clear criteria to measure 
the years spent as a refugee, which determines purchase price, were 
still not implemented and that costs were prohibitively high. The 
Ministry of Regional Development, Forestry, and Water Management in 
September forwarded to its 10 regional offices instructions on how to 
calculate these years. The government accepted an obligation to 
recognize refugee years beginning from the date refugees fled their 
apartments, signaling a willingness to accept indirect evidence of 
flight.

    Internally Displaced Persons (IDPs).--As of September 2, there were 
2,084 IDPs registered with the government; of these, 1,636 were ethnic 
Serbs. Since this number has not changed since 2008, the UNHCR 
questioned the accuracy of government figures. These ethnic Serbs were 
either awaiting recognition as being integrated into their current 
place of displacement or were waiting for reconstruction assistance 
from the state. The UNHCR reported in December that there were 
approximately 1,700 outstanding approved reconstruction assistance 
requests, most of which were filed by minority Serbs. The UNHCR expects 
this assistance will begin when the next regularly scheduled cycle of 
construction commences in 2012. There are 20 ongoing appeals for this 
assistance.

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide for the granting of asylum and refugee status, and the 
government has a system to provide protection for refugees. The 
government reported 579 persons applied for asylum through September of 
the year; of these, seven persons were granted refugee status, and five 
received subsidiary protection (protection granted to an applicant 
whose situation is not covered by the 1951 Convention Relating to the 
Status of Refugees).
    Croatia has a well developed asylum system and refugee status 
determination is conducted for all applicants. Croatia is still 
perceived as a transit country; with the majority of asylum seekers 
continuing their journey onward to the EU.

    Safe Country of Origin/Transit.--The country did not reject asylum 
applications on the basis of the safe country of origin as the 
government has not developed a list of safe countries and continues to 
examine all applications on a case by case basis. According to the 
UNHCR office in Croatia, a number of third country nationals attempted 
to enter Croatia illegally, many former asylum seekers in Serbia. 
Unless these illegal migrants expressly request asylum in Croatia, 
Croatia returns the majority to Serbia on the basis of a bilateral re-
admission agreement. According to the UNHCR, Serbia's asylum system 
functions poorly as it struggles to accommodate large numbers of 
applicants and continues to be the nexus for mixed migration flows from 
Greece and Turkey.

    Nonrefoulement.--Instances of refoulement were not recorded in 
2011. In law and practice the country usually provided effective 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion.

    Stateless Persons.--Citizenship is derived by birth in the 
country's territory or via one parent. The stateless population cannot 
be precisely assessed due to lack of comprehensive mechanisms for 
identifying statelessness. According to the UNHCR and Romani NGO 
estimates, there were 500 stateless Roma in the country and an 
additional 1,000 at risk of statelessness. Most stateless Roma were 
from other republics of the former Yugoslavia and had difficulty 
providing documents needed to register as Croatian citizens. Stateless 
Roma had problems accessing state services. The UNHCR estimated in 
September that there were 172 other persons at risk of statelessness in 
the country, mostly as a result of displacement during the wars in the 
region following the break-up of Yugoslavia.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections on the basis of 
universal suffrage.

    Elections and Political Participation.--Recent Elections.--
Parliamentary elections held on December 4 took place in a pluralistic 
environment and were administered in a professional and transparent 
manner, according to the limited election observation mission of the 
OSCE Office for Democratic Institutions and Human Rights. The group 
noted, however, that further steps should be taken to improve the legal 
framework, particularly in reference to the voter list and relative 
constituency size.

    Participation of Women and Minorities.--There were 33 women in the 
151-seat parliament and four women in the 22-seat cabinet, including a 
deputy prime minister and the foreign minister. There were five women 
among the 13 Constitutional Court justices, including the president of 
the court and 20 women among the 40 Supreme Court justices, including 
the vice president.
    The law governing gender equality requires that political parties 
balance the representation of genders on their candidate lists for 
local and national elections as well as in elections for seats in the 
European Parliament. By the next round of local elections due in May 
2013, the share of either gender on candidate lists should be no lower 
than 40 percent. The law stipulates fines for the violation of this 
provision. Local NGOs criticized the law on the grounds that the fines 
were too small to be a deterrent and that the government rarely 
enforced previous laws for quotas. Female candidates made up 30 percent 
of the ``Kukuriku'' coalition candidate list that won parliamentary 
elections in December, while female candidates made up 22 percent of 
the HDZ list.
    The law reserves three parliamentary seats for ethnic Serb 
representatives; five additional seats are set aside for the 21 other 
recognized national minority groups. All national minority voters may 
choose between voting in the general parliamentary elections and voting 
for candidates on their declared national minority list. Ethnic Serbs 
and other ethnic minorities in principle can win additional seats under 
this system if candidates of their minority group obtain sufficient 
votes in one or more of the regular voting districts. Mainstream, 
nonethnically-based political parties placed ethnic Serbs in some 
leading positions on their candidate lists. As a result, the new 
government has a number of ethnic Serb ministers including deputy prime 
ministers. According to records published by political parties at 
year's end, the parties remained within campaign spending limits; i.e. 
15 million kunas ($2.6 million) total per party or coalition across 
Croatia's 10 districts.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the prosecutors and police generally implemented these laws 
effectively. World Bank governance indices indicate that corruption was 
a problem in the country.
    Prosecutors from USKOK and the police Offices for Suppression of 
Corruption and Organized Crime were the country's main bodies 
responsible for fighting corruption. Specialized departments at the 
four largest county courts in the country heard organized crime and 
corruption cases. The Ministry of Justice's anticorruption sector 
continued to monitor the implementation of anticorruption measures 
throughout the government.
    On July 18, former prime minister Ivo Sanader was extradited from 
Austria based on an investigative warrant against him. Sanader is 
accused of abuse of office and war profiteering when he served as 
deputy foreign minister in 1994 and 1995. Specifically, the state 
prosecutor has charged Sanader for accepting 7 million Austrian 
schillings in kickbacks ($658,000 at today's exchange rate) in exchange 
for facilitating a loan by Austria's Hypo Bank to Croatia for 140 
million schillings ($13 million). Sanader's Hypo Bank trial opened on 
November 3. In a separate case, the prosecutor also charged Sanader 
with receiving 10 million euro ($13 million) in kickbacks from the 
Hungarian oil company MOL chairman in return for management rights over 
the Croatian oil company Industria Nafte (INA). The Zagreb County Court 
approved the INA-MOL indictment on November 7. On November 8, the court 
merged these indictments (Hypo Bank and INA-MOL), based on a 
prosecution request. The combined trial started on November 10.
    While pursuing corruption allegations against Sanader in another 
investigation called the ``Fimi Media'' case, prosecutors uncovered 
evidence that the HDZ party allegedly used ``illegally obtained funds'' 
to finance party activities. The prosecutor's office initiated a 
criminal investigation against the HDZ party and brought an indictment 
on December 9 against the party as well as Sanader, former government 
spokesperson Ratko Macek, former HDZ chief accountant Branka Pavosevic, 
former HDZ treasurer Mladen Barisic, and several other defendants. 
Prosecutors alleged the group conspired to secure at least 31.6 million 
kunas ($5.4 million) in illegal funding for the HDZ and that Sanader 
received at least an additional 15 million kunas ($2.5 million).
    In 2010, the last year in which figures were available, 1,101 
individuals were reported to USKOK, and of the 1,101 reports, 925 were 
for corruption. Investigations against 249 of these individuals were 
initiated, 126 for corruption. A total of 302 individuals were indicted 
in 2010, 195 for corruption (this figure includes individuals whose 
investigations were opened in earlier years and 2010). In 2010 the 
courts pronounced verdicts for 514 individuals; 478 were convicted, or 
approximately 93 percent. In 2010, of 155 individuals tried for 
corruption, 140 (more than 90 percent) were convicted.
    The law requires public officials to declare their assets. Most 
government officials complied, although there were questions as to the 
thoroughness and effectiveness of the system as well as imprecision in 
the types of assets covered.
    The law provides the right of public access to government 
information; however, NGOs complained that the government did not 
implement the law efficiently or effectively.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were often cooperative and responsive to their views.

    U.N. and Other International Bodies.--On June 6, Prosecutor Serge 
Brammertz, from the Office of the Prosecutor (OTP) for the ICTY 
reported before the U.N. Security Council that, in general, timely and 
adequate responses were received from the government in ICTY's requests 
for witnesses and evidence. Brammertz noted, however, that ``limited 
progress was made in locating missing military documents from Operation 
Storm,'' a large-scale military operation by the armed forces in 1995 
against occupying ethnic Serb forces. Brammertz noted that, missing 
documents notwithstanding, the ICTY was on April 15 able to convict 
retired Croatian generals Gotovina and Markac of war crimes, including 
involvement in a ``joint criminal enterprise'' to expel ethnic Serbs, 
based on evidence submitted at trial. On December 7, Brammertz stated 
that ``with no ongoing trials involving accused persons my office is 
making far fewer requests for assistance to the Croatian authorities.'' 
He noted that ``the limited requests we have made were adequately dealt 
with by the department for cooperation with international courts.'' The 
OTP did express concern over statements from high-level Croatian 
authorities that ``continue to glorify illegal wartime conduct and 
question the impartiality of ICTY judgments.''

    Government Human Rights Bodies.--In his annual report for 2010, 
issued in April, the ombudsman for human rights noted that there were 
1,823 complaints, 168 more than in 2009. Most of the complaints 
concerned the length of court proceedings. The ombudsman also noted 
that administrative bodies, including state ministries, often stymied 
his work by failing to respond to his letters concerning citizen 
complaints. During 2010, in 275 unique cases, the ombudsman received an 
answer only after several months and repeated letters, while in another 
62 cases he received no answer at all.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on gender, age, race, 
disability, language, or social status; and the government generally 
enforced these prohibitions.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a crime punishable by one to 10 years' imprisonment. In cases of 
rape under aggravated circumstances resulting in death or pregnancy, or 
if the victim is a minor, sentences may be between three and 15 years.
    By December total of 52 rape cases were registered by the police, 
of which about 96 percent were resolved. There were 14 attempted rape 
cases, of which about 85 percent were resolved. NGO officials estimated 
that for every reported rape, there were 15 unreported cases. On 
average, 100 to 140 cases of sexual violence and rape were reported 
annually. The NGO Women's Room stated that women frequently did not 
report rape, particularly spousal rape, because they lacked information 
about available legal protections, felt ashamed, wished to avoid social 
pressure and stigmatization, feared reprisal, or, in cases of spousal 
rape, were concerned about economic consequences. Victims also were 
reluctant to report rape, particularly spousal rape, because it was 
difficult to prove in court and because medical staff, police, and 
judicial officials were not trained to treat victims. Women's NGOs 
asserted that sentences for spousal rape tended to be lenient.
    Violence against women, including spousal abuse, remained a 
problem. In 2010, 16 women and two minor girls were killed as a result 
of domestic violence. The killings received widespread media attention 
and immediate calls for government action.
    The law provides that persons other than the victim, including 
police, may initiate a complaint of domestic violence, which is treated 
as a misdemeanor, but could be deemed a felony depending on the 
severity of the act. Penalties range from fines of 1,000 to 50,000 
kunas ($170 to $8,565) or up to 90 days in prison for misdemeanor 
offenses. Under the law perpetrators may face up to five years in 
prison for the same act if convicted of a felony. The new law on 
criminal procedure, which came in to full effect on September 1, 
improved the protection of rape victims. For example, the accused 
perpetrator's defense counsel is not allowed to question victims about 
their sexual past, and a prior relationship with the alleged 
perpetrator can no longer be considered. In addition, victims may 
choose to be interrogated by a woman or a man and may testify via 
video-link to avoid meeting the perpetrator. Police tended to classify 
domestic violence against women as misdemeanors, resulting in minimal 
sentences, particularly in cases of spousal rape. Police officers in 
most urban areas were trained to handle family violence and provide 
quick intervention, secure victims' safety, and remove alleged 
perpetrators from families. In rural areas police officers were 
generally less well trained to handle such cases.
    According to a survey published in 2010 by Women's Room and the 
Office for Gender Equality, the majority of female victims of domestic 
violence criticized police, courts, and centers for social care as 
insufficiently helpful. These groups cited a heavy workload as well as 
a lack of training and space as the main obstacles to assisting 
victims.
    Support for victims of domestic violence was limited. In general 
private donations financed most services. NGOs and local governments 
operated 17 shelters. In March seven NGOs led by the Autonomous Women's 
House running shelters for female victims of domestic violence launched 
an informal initiative to introduce a law that would secure consistent 
and permanent financing of these shelters. The government in 
conjunction with county, city, and civic organizations financed 
shelters and counseling centers for victims of domestic violence. The 
ombudsman for human rights reported that just over 2 million kunas 
($343,000) was paid during the year to NGOs running shelters for 
victims of domestic violence. Hotlines, counseling, and legal 
assistance were available to domestic violence victims.

    Sexual Harassment.--The law prohibits sexual harassment in the 
workplace; however, it remained a problem. According to trade unions, 
the problem was most pronounced in the textile, leather, trade, and 
catering industries. The ombudsman for gender equality and unions 
reported that her office worked on many sexual harassment cases, 
although many women were reluctant to take action due to fear of 
reprisal. In 2010 a court handed down the country's first conviction 
for sexual harassment in the workplace, sentencing one defendant to six 
months in prison for making repeated sexually harassing comments over a 
three-year period. A second defendant was given a four-month suspended 
sentence for harassing a female employee. Local union representatives 
believed the verdicts would set an important precedent.

    Reproductive Rights.--The government generally respected the right 
of couples and individuals to decide freely and responsibly on the 
number, spacing, and timing of their children. Citizens generally had 
the information and means to do so free from discrimination, coercion, 
or violence.
    According to the UNDP, the number of women reported to have HIV 
infections was significantly lower than that of men, but women and men 
were diagnosed and treated equally. However, women living in rural 
areas and working from home were believed to be less aware of the need 
for and location of testing than their male counterparts. Men and women 
were equally diagnosed and treated for sexually transmitted infections.

    Discrimination.--Women generally held lower paying positions in the 
work force. In April the Croatian Statistics Bureau's annual report 
Women and Men in Croatia noted that women earned on average 12 percent 
less than men in most sectors, both private and public. Women were also 
more likely to be unemployed. Between October and December of 2010, the 
ombudsman for gender equality conducted a survey of three large 
Croatian companies which found a lack of women in upper management 
positions, even though women generally achieved a higher level of 
education than men.
    The Office for Gender Equality was responsible for implementing the 
law on gender equality and formulating the government's gender policy; 
the ombudsman for gender equality monitored implementation of the law, 
including the submission of mandatory action plans for state 
institutions and public companies. In her annual report issued in 
April, the ombudsman noted that most individual discrimination 
complaints were related to labor and social rights, while complaints 
were primarily directed against state institutions and other legal 
persons rather than individuals.
    On July 15, parliament adopted the National Policy for Gender 
Equality for 2011-2015. The policy introduced several new features, 
including a chapter on women in sports that requires equal 
representation in management structures and better protection against 
violence in sports.

    Children.--Birth Registration.--Citizenship is derived by birth in 
the country's territory or from one of the parents. Authorities 
register all births at the time of birth within the country or upon 
registration for births abroad. There were few reports that failure to 
register births resulted in denial of public services, including 
education and health care for children.
    Romani children who are not Croatian citizens encountered 
difficulties in accessing rights derived from citizenship. Many Romani 
parents, particularly in settlements close to the borders with Serbia 
and with Bosnia and Herzegovina, including in Beli Manastir and 
Slavonski Brod, were citizens of another former Yugoslav republic and 
were often only able to acquire Croatian citizenship following a 
laborious, multi-year process. These parents, and their foreign-born 
children, had no rights to free health care or social assistance, 
although they generally did not face problems in enrolling in schools. 
While statistics were unavailable, the problem was believed to be 
widespread.

    Child Abuse.--Child abuse, including sexual abuse, was a problem. 
In the first nine months of the year, the ombudsman for children 
reported 1,043 new complaints of individual violations of children's 
rights. In December 2010 the country joined the Council of Europe's 18-
month campaign to curb the sexual abuse of children. The campaign used 
billboards, leaflets, and media to raise awareness, and included 
capacity building for police officers, teachers, medical, and social 
welfare workers to assist victims. The government continued its 
campaign launched in 2008 in cooperation with the Council of Europe to 
prevent corporal punishment.

    Child Marriage.--While statistics were unavailable, child marriage 
was believed to be a problem in the Romani community. Common law 
marriages between persons 16 years of age and older were customary, 
often prompted by pregnancies. In some cases these marriages were made 
official when partners reached adulthood.

    Sexual Exploitation of Children.--Statutory rape is included in the 
penal code, with the minimum age for consensual sex set at 14 years. 
Penalties for statutory rape range between one and eight years, but in 
aggravated circumstances, such as rape resulting in pregnancy or 
repeated sexual acts, the penalties range from five to 40 years. 
Filming or photographing children for pornographic material can be 
punished by a sentence of one to five years in prison, while exposing 
children to pornography may result in fines or a sentence of up to one 
year in prison.
    In 2010, the last year for which data was available, the Office of 
Chief State Prosecutor received 27 reports of sexual intercourse with 
minors and children and convicted 19 persons for the crime. Prosecutors 
also had 86 reports and 79 convictions for lewd behavior involving a 
child or a minor, six reports and six convictions of abusing children 
for pornography, and 21 reported cases of child pornography on the 
Internet.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The country's Jewish community numbered 
approximately 2,300. Anti-Semitic vandalism and acts with anti-Semitic 
overtones were reported during the year.
    On December 28, there were memorial masses in Zagreb and Split that 
many believe honored Ante Pavelic, the fascist head of the so-called 
``Independent State of Croatia,'' a quisling, fascist regime set-up by 
Nazi and Italian fascist occupiers during World War II. According to 
the United States Holocaust and Memorial Museum, Pavelic's Ustasha 
regime and Nazi occupiers were responsible for the deaths of between 
330,000 to 390,000 Serbs, 32,000 Jews, and 26,000 Roma, as well as 
thousands of other civilians. An official with the Croatian Bishop's 
Conference stated that the masses were ``privately organized.'' In 
response to the masses President Josipovic said, ``we are aware of all 
crimes committed in the name of Ustasha ideology and have always 
condemned such phenomena. The entire state leadership, regardless of 
party affiliation, pays honor to the victims of Pavelic's ideology.'' 
Simon Wiesenthal Center Director Efraim Zuroff in Jerusalem condemned 
the ceremonies, and described them as ``a shame for Croatia and the 
European Union.''
    On May 29, unknown persons sprayed anti-Semitic graffiti on the 
door, walls, and display window of the Jewish Community Center in 
Split. The graffiti also included the fascist slogan ``Juden raus'' 
(``Jews out'' in German) and offensive references to current and former 
Croatian presidents Josipovic and Stjepan Mesic, both vocal opponents 
of fascism. The graffiti were signed with the name of the Split soccer 
team fan club Torcida and the ultra rightist Croatian Pure Party of 
Rights. Police investigated but reported no results by the end of 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 law prohibits discrimination 
against persons with physical, sensory, intellectual, and mental 
disabilities in employment, education, access to health care, and in 
the provision of other state services; however, discrimination 
occurred. The law provides for grants of 2,200 kunas ($377) in monthly 
compensation to the unemployed parents of children with disabilities. 
The law also provides compensation to foster care families.
    During the year 862 persons with disabilities found employment, 
while 5,903 remained unemployed. Almost 68 percent of unemployed 
persons with disabilities were unemployed for more than a year.
    The ombudsman for persons with disabilities reported the majority 
of complaints received by her office in 2010 involved welfare and 
pension payments (22 percent), accessibility (12 percent), followed by 
work and unemployment, legal matters, and health care (9 percent each). 
The ombudsman viewed the lack of community-based services and 
underdeveloped disability compensation as the main obstacles to 
implementing the National Plan for Deinstitutionalization and 
Transformation of Social Welfare Homes adopted in March. The office 
actively cooperated with NGOs dealing with persons with disabilities.
    In a letter to former prime minister Kosor on January 20, Human 
Rights Watch and the Mental Disability Advocacy Center criticized the 
government for doing little to deinstitutionalize persons with 
intellectual or mental disabilities. According to the letter, 9,000 
persons with intellectual or psychosocial disabilities remained 
institutionalized; this number is expected to increase.
    The law mandates access to buildings for persons with disabilities; 
however, the government did not always enforce this provision, and the 
law did not mandate that existing facilities be retrofitted. While 
there were improvements in larger cities, access to public facilities 
for persons with disabilities remained limited.

    National/Racial/Ethnic Minorities.--While constitutional 
protections against discrimination applied to all minorities, open 
discrimination and harassment continued against ethnic Serbs and Roma, 
particularly in the area of employment.
    Ethnic Serbs are the largest minority ethnic group in the country, 
accounting for approximately 4.5 percent of the population according to 
the latest disaggregated census figures available from 2001. During the 
year ethnic Serb organizations received only isolated reports of 
physical assaults and vandalism directed against Serbs. Discrimination 
continued against ethnic Serbs in several areas, including the 
administration of justice, employment, and housing.
    Ethnic Serbs in war-affected regions were particularly subject to 
societal harassment and discrimination. In July police pressed criminal 
charges against six ethnic Serbs in the village of Podgorje in the 
Gvozd municipality near the border with Bosnia and Herzegovina for 
violent behavior and threats to an ethnic Croat family. The alleged 
incident occurred during a birthday party at the local community center 
attended by Serbs, Croats, and Bosniaks. A Bosnian Croat couple called 
police to complain that some partygoers were singing Serb nationalist 
songs and had threatened ethnic Croat guests. Police initially found 
nothing wrong, but a week later interrogated and charged six ethnic 
Serbs. Serb minority media reported that the belated police actions 
were a result of pressure by local associations of Croatian war 
veterans.
    Minority NGOs noted that hate speech against ethnic Serbs continued 
not only at sporting events, but also in print and electronic media 
including the mainstream press. Serb representatives also criticized a 
speech by then prime minister Kosor on August 5 at the ceremony marking 
Croatian Veterans Day as ``dangerous hate speech.'' In the speech, 
Kosor expressed solidarity with Croatian generals Ante Gotovina and 
Mladen Markac, whom ICTY found guilty of crimes against humanity and 
war crimes in a first instance verdict.
    Then minister of interior Tomislav Karamarko banned a monument 
prior to its October 2 unveiling in the village of Golubic, near Knin. 
The monument was planned by the Belgrade-based Association of Croatian 
Serb Refugees to commemorate ethnic Serbs killed or gone missing during 
the 1991-95 war. The minister cited fears that the monument would 
provoke ethnic disturbances in the area. A local Croatian veterans' 
branch claimed that the monument included the names of the ethnic Serb 
militia members, in addition to civilian victims.
    According to Serb NGOs, local authorities sometimes refused to hire 
qualified ethnic Serbs even when no ethnic Croats applied for a 
position. Serb minority representatives said that affected persons 
seldom took such decisions to administrative courts, because 
proceedings can take years and a court decision in their favor would 
still not obligate the authorities in question to hire the applicant.
    The law provides for proportional minority employment in the public 
sector in areas where a minority constitutes at least 15 percent of the 
population; however, the government for the most part did not observe 
the law in practice. In September Serb representatives noted that 
ethnic Serbs continued to be underemployed in government agencies, 
seldom reaching one percent, except in the Ministry of Justice (1.53 
percent) and Ministry of Culture (1.23 percent). In 2010 the SNV issued 
a survey showing that the number of ethnic Serbs employed in state 
administration and the justice sector has been in decline since 2008.
    While ethnic minorities have the right to establish schools, seven 
ethnic Serb elementary schools applied for but did not receive official 
recognition as of September due to administrative obstacles that ethnic 
Serb NGOs considered a sign of a lack of political will on the part of 
the government. This lack of official recognition made normal 
scholastic operation difficult.
    Ethnic Serb representatives noted that amendments to the law on 
free legal aid did not make legal assistance readily available to 
concerned citizens, especially ethnic Serbs living in war-affected 
rural areas in central Croatia. Similarly, some ethnic Serb owners of 
damaged homes reconstructed by the government awaited years to be 
connected to electricity or water supplies, even though such services 
were available in nearby neighborhoods inhabited by Bosnian-Croat 
settlers who relocated to Croatia during or after the war.
    Societal violence, harassment, and discrimination against Roma 
continued to be a problem. While only 9,463 persons declared themselves 
to be Roma in the most recent, i.e., 2001 census, officials and NGOs 
estimated that the Romani population was between 30,000 and 40,000.
    In 2010 three off-duty police officers severely beat a 20-year-old 
Roma at a gas station in Karlovac. In June the Karlovac Municipal Court 
convicted one of the officers and gave him a one-year suspended 
sentence.
    Roma faced widespread discriminatory obstacles, including in 
citizenship, documentation, education, employment, and language. 
According to the Council of Europe, only 6.5 percent of Roma held 
permanent jobs in the country, while the government estimated 20,000 to 
30,000 Roma received some form of social assistance; roughly more than 
90 percent of Roma were believed to reside in Croatia. According to the 
government office for national minorities, Roma social development 
indicators differ significantly throughout Croatia with approximately 
98 percent unemployment in the Medjimurje region, compared with 15 
percent in Rijeka.
    While education is free and compulsory through the eighth grade, 
Romani children faced serious obstacles in their education, including 
discrimination in schools and a lack of family support. According to 
the Ministry of Science, Education, and Sports, the number of Romani 
elementary students increased to 4,723 in 2010-2011 up from 4,435 
reported in 2009-10. There are 4,915 Romani children registered for the 
2011-2012 school year. The number of Romani children enrolled in 
preschool education for the 2010-11 school year was 799, a 36-percent 
increase over the 588 enrolled during the previous year. The number of 
Romani high school students enrolled in the 2011-12 was 425, a 33 
percent increase over the 327 enrolled during the previous year. The 
government co-funded approximately 776,000 kunas ($133,000) for 
kindergarten and preschool fees during the 2010-11 academic year for 
400 children across 49 kindergartens. The government distributed 363 
scholarships to Romani students in high school, while the number of 
Romani students receiving scholarships for university-level studies 
slightly increased to 29 from 26 in the previous school year.
    In March 2010 the ECHR ruled that the state had discriminated 
against 15 Romani students from Medjimurje who were placed in separate 
Roma-only classes. In response to the decision, in September 2010 the 
government for the first time introduced and fully funded an extended 
10-month preschool program for some 200 children in Medjimurje. This 
program continued during the year. Nationally, the government promoted 
the employment of Roma by reimbursing two-year's salary to employers 
who hired Romani workers. The government joined the EU in building 
infrastructure in Romani settlements in the Medjimurje region where 
there is a significant Romani population. By September the government 
had contributed 5.2 million kunas ($891,000) to EU projects in five 
settlements in the area. In August the government signed a contract to 
renew infrastructure in two remaining Romani settlements in Medjimurje, 
in which it provided $675,000, or 25 percent of the total funding.
    The National Minority Council received approximately 42 million 
kunas ($7.2 million) for minority associations' cultural programming, 
including printing communications materials, during the year.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There was an increase in 
societal violence and discrimination against lesbian, gay, bisexual, 
and transgender (LGBT) persons.
    On June 11, the first LGBT Pride march in Split took place. Media 
reported that up to 10,000 anti-gay counter-protesters vastly 
outnumbered the marchers. Pride organizers warned local and government 
police that anti-gay groups were plotting violence and spreading hate 
speech via graffiti, leaflets, and the Internet, including on Facebook, 
where thousands voiced their discontent with the event. The organizers 
claimed that officials ignored these warnings and that police were 
sympathetic to the protesters. Organizers further claimed that police 
initially prevented them from gathering for the march. According to the 
marchers and video from the event, police allowed the protesters to pen 
in the marchers, who numbered in the hundreds. The organizers claimed 
police permitted protesters to collect projectiles in plain view along 
the entire route of the parade. The marchers were pelted with 
incendiary devices, bricks, large rocks, eggs, tomatoes, and ashtrays. 
Marchers received taunts of ``death to faggots,'' ``gypsies,'' and 
``we'll kill you,'' and some anti-gay protesters gave fascist salutes. 
Police arrested more than 100 anti-gay protesters. President Josipovic 
and then prime minister Jadranka Kosor condemned the violence, but 
Split Mayor Zeljko Kerum said afterwards that marchers should have 
expected the reaction they received. The government's Office for Gender 
Equality, which financed gay Pride events in Split and Zagreb, also 
condemned the violence.
    Following the Split event, the 10th annual gay Pride parade was 
staged in Zagreb. Approximately 4,000 marchers, including prominent 
politicians, participated in the rally. There were 17 reported arrests 
for disorderly conduct, and media reported that it was the best-
attended and best-protected Pride event in the country's history.
    Societal discrimination against LGBT persons frequently was 
manifested by insults, stereotypical jokes, and societal prejudices. 
According to LGBT NGOs, the International Football Federation (FIFA) 
fined Vlatko Markovic, president of the Croatian Football Association, 
for stating that, while he is president, gay men will not play soccer 
for the country's team.

    Other Societal Violence or Discrimination.--Societal discrimination 
against persons with HIV/AIDS remained a problem. The NGO Croatian 
Association for HIV (HUHIV) reported dentists and general practitioners 
at times refused to treat HIV-positive patients, and some hospitals 
postponed surgery because doctors were reluctant to operate on them. 
HIV-positive patients who did not go through the infectious disease 
hospital were often made to wait for treatment, and doctors sometimes 
delayed surgery indefinitely. There were allegations that transplant 
centers refused to place HIV-positive patients on their lists of 
potential organ recipients. Additionally, HUHIV stated that many HIV-
positive patients' right to privacy had been violated while other 
patients feared their HIV status would be shared without their consent.
    While HUHIV does provide an anonymous hotline, they stated that the 
lack of public assistance for hotlines for HIV-positive patients was a 
problem. According to the U.N. theme group on HIV/AIDS and HUHIV, some 
of the country's laws contain discriminatory provisions against HIV-
positive individuals. There are legal provisions that proscribe testing 
under medical supervision for certain professions and, in certain 
cases, restrict employment for prisoners and HIV-positive persons. 
Although the number of cases is low, HUHIV indicated that cases of 
discrimination are due to insufficient enforcement of privacy laws, 
lack of consistent, adequate medical care, and discrimination in school 
or the workplace. HUHIV specifically criticized regulations forbidding 
HIV-positive persons from working as police officers. It asserted that 
the lack of appropriate sex education in schools led to discrimination 
and stigmatization of persons with HIV/AIDS, and children often had 
incorrect perceptions about the risk of contracting HIV.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
Most workers, including police but excluding active military personnel, 
are entitled by law to form or join unions of their choice without 
previous authorization or excessive requirements. However, the 
International Trade Union Confederation (ITUC) noted that the 
overwhelming majority of recently employed workers are employed on a 
short-term basis and fear their contracts will not be renewed if they 
attempt to unionize. Moreover, the ITUC claims the government used the 
pretext of EU requirements to introduce labor market liberalization to 
the detriment of worker rights. The law provides for the right to 
strike and to bargain collectively but with some limitations. Workers 
may strike only at the end of a contract or in specific circumstances 
cited in the contract after they have gone through mediation. When 
negotiating a new contract, workers are also required to go through 
mediation before striking. Labor and management must jointly agree on a 
mediator if a dispute goes to mediation. If a strike is found to be 
illegal, any participant may be dismissed and the union held liable for 
damages. The law prohibits antiunion discrimination and expressly 
allows unions to challenge firings in court.
    In general workers formed and joined unions freely in practice. 
However, approximately 11 percent of the country's workers were on 
fixed-term contracts with employers. Manual labor and retail employees 
were primarily affected, and many employers hired new workers for a 
trial period of typically three months but no more than three years. 
Employees with temporary contracts did not enjoy the same benefits as 
other employees. For example, temporary employees could not easily 
access bank loans or open lines of credit. Workers on temporary 
contracts generally did not form or join labor unions.
    Unions generally were independent of the government and political 
parties, although the Labor party, which in December won six seats in 
parliament, is headed by former Independent Croatian Union leader 
Dragutin Lesar. In practice workers exercised their right to strike 
during the year. However, incidents of union-related harassment and 
firing of employees occurred, and the inefficiency of the court system 
seriously delayed and discouraged citizens' attempts to seek redress 
through the legal system. According to ITUC's Annual Survey of 
Violations this right is abridged, with small enterprises not upholding 
the right to collective bargaining.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were 
incidents in which adults and children were subjected to forced begging 
and labor, including migrant men in the agricultural sector.
    Also see the Department of State's annual Trafficking in Persons 
Report at www.state.gov/j/tip.

    c. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for the employment of children is 15 years. Minors under 
the age of 15 may work if they receive prior approval from the state 
labor inspectorate and if it is determined that the child is not 
expected to suffer physically or mentally from the work. Approval is 
usually requested for filming movie scenes or for theatrical rehearsals 
and performances. The law prohibits workers under the age of 18 from 
working overtime, at night, or under dangerous conditions. Labor law 
amendments that went into effect on January 1 further impose strict 
regulations on the employment of minors, forbidding their employment in 
work environments that could pose health threats. The Ministry of 
Economy, Labor, and Entrepreneurship, in conjunction with the ombudsman 
for children and the State Labor Inspectorate, is responsible for 
enforcing this regulation.
    In 2011 the State Labor Inspectorate recorded 51 violations of 
labor-related laws involving children under the age of 17. Of these 
violations, one involved children under the age of 15. Violations 
occurred mainly in the hospitality, tourism, retail, food, industrial, 
services, and construction sectors and were related to working overtime 
or past curfew and wage miscalculations.
    The law proscribes the worst forms of child labor, including 
trafficking in children. The national ombudsman for children 
coordinated the country's efforts to prevent the exploitation of 
children and assist in removing children from exploitative situations. 
The labor inspectorate has 111 inspectors whose duties include 
inspection for illegal employment of minors. The inspectorate forwarded 
all cases of violations involving minors to the Office of the Ombudsman 
for Children. Criminal cases were prosecuted by the State Prosecutor's 
Office and often resulted in convictions. Children, particularly from 
the Romani community, continued to be exploited in the worst forms of 
child labor, including agriculture and forced begging.
    Also see the Department of Labor's Findings on the Worst Forms of 
Child Labor at www.dol.gov/ilab/programs/programs/ocft/tda.htm.

    d. Acceptable Conditions of Work.--The minimum wage as determined 
by the government is 2,814 kunas ($482) per month; the net minimum 
monthly wage is between 2,000 and 2,200 kunas ($342 and $377), 
depending on exemptions. The government's official monthly income 
poverty line is 2,100 kunas ($360) for single households and 4,410 
kunas ($755) for a four-person household. The government enforced the 
minimum wage.
    Nonpayment and wage arrears as well as nonpayment for overtime and 
holiday work continued to be a problem. According to the labor 
inspectorate, the law no longer requires that records be kept of the 
number of persons who did not receive payment of their salaries. 
However, workers have the right to bring court proceedings against 
employers who did not issue pay slips to their employees. Since 2009 
numerous companies were not able to make payment to their workers. The 
Ministry of Finance estimated that 18,000 to 25,000 people did not 
receive their salaries at some point in 2010. However, a prominent 
union representative stated that this trend is declining.
    The inspectorate reported that it shut down 650 firms for periods 
of at least 30 days during 2010 for labor law violations regarding 
illegal work. Violations included employing local and foreign workers 
without work permits, employing workers not registered with the pension 
fund, and employing workers not registered with a health insurance 
agency. The labor inspectorate noted that, although its officers 
continued to increase their inspections and reporting of violations, 
the courts did not hand down punishments commensurate with the 
seriousness of the violations, and therefore the inspectorate's actions 
were ineffective. The inspectorate intensified cooperation with the 
Ministry of Interior, which led to increased inspections and resulted 
in greater numbers of violations identified in 2010.
    The law provides for a standard workweek of 40 hours. Workers are 
entitled to a 30-minute break daily, one day off out of seven, and a 
minimum of four weeks of paid vacation annually. The law entitles 
workers to time-and-a-half pay for overtime and limits overtime to 
eight hours per week. The labor inspectorate must be notified if 
overtime work by an employee continues for more than four consecutive 
weeks or for more than 12 weeks during a calendar year or if the 
combined overtime of employees of an employer exceeds 10 percent of the 
total working hours in a particular month. Pregnant women, mothers with 
children less than three years of age, and single parents of children 
under six years of age may work overtime only if they freely give 
written consent to perform such work. An amendment to the labor law 
that went into effect on January 1 further requires pregnant women to 
obtain a note from a doctor indicating their fitness to work overtime 
and that such work would not adversely affect their health or that of 
the fetus.
    In 2010 the inspectorate processed 15,776 violations of the labor 
law. After processing, the inspectorate sent 6,736 violations to 
misdemeanor courts for proceedings. Infractions included violations 
related to labor contracts, payment for work, annual leave, and unpaid 
and unreported overtime. In 2010 authorities sent 19 criminal 
proceedings against employers to municipal prosecutors.
    The government set health and safety standards, which the Health 
Ministry enforced; its inspectorate has jurisdiction over enforcement 
of health and safety laws in the workplace. In practice many industries 
often did not meet worker protection standards. In 2010 the 
inspectorate initiated 3,428 requests for misdemeanor proceedings 
covering 6,736 violations of safety standards. During 2010 courts 
handed down 4,944 decisions for misdemeanor acts involving workplace 
safety, primarily involving 2007-2008 cases. The inspectorate expressed 
concern that of the 11,932 misdemeanor cases relating to worker safety 
reported over the past few years, 4,351 have been thrown out of court 
due to surpassing the statute of limitations.

                               __________

                                 CYPRUS

          Since 1974 the southern part of Cyprus has been under the 
        control of the government of the Republic of Cyprus, while the 
        northern part, administered by Turkish Cypriots, proclaimed 
        itself the ``Turkish Republic of Northern Cyprus'' (``TRNC'') 
        in 1983. The United States does not recognize the ``TRNC,'' nor 
        does any country other than Turkey. A substantial number of 
        Turkish troops remained on the island. A buffer zone, or 
        ``green line,'' patrolled by the U.N. Peacekeeping Force in 
        Cyprus (UNFICYP), separates the two parts.
                           EXECUTIVE SUMMARY
    The Republic of Cyprus is a constitutional republic and multiparty 
presidential democracy. On May 22, 56 representatives were elected to 
the 80-seat Vouli Antiprosopon (House of Representatives) in free and 
fair elections, and in 2008 President Demetris Christofias was elected 
in free and fair elections. Security forces reported to civilian 
authorities.
    The most significant problems during the year were reports of 
police abuse and degrading treatment of persons in custody and asylum 
seekers; violence against women, including spousal abuse; and instances 
of discrimination and violence against members of minority ethnic and 
national groups.
    Other problems during the year included prison overcrowding; a few 
reports of societal abuses or discrimination based on religious 
affiliation, belief, or practice; and several incidents of violence 
against children. Trafficking in persons for sexual exploitation 
continued to be a problem, and trafficking for labor was also reported.
    The government generally investigated and prosecuted corruption and 
abuse cases against officials but cases usually moved at a slow pace.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings during the year.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; there 
were reports, however, that police abused detainees. There continued to 
be reports that police engaged in heavy-handed tactics and degrading 
treatment of suspects. The Independent Authority, an independent 
committee appointed by the Council of Ministers, had the authority to 
investigate complaints of police bribery, corruption, unlawful 
financial gain, violation of human rights, abuse of power, preferential 
treatment, and conduct unbecoming of police officers.
    There were several allegations of police abuse during the year. For 
example, on April 26, Politis newspaper reported that police, acting on 
a narcotics tip, intercepted and searched a car with three 19-year-old 
men inside. According to the press report, police did not find any 
narcotics but beat two of the passengers. The men received treatment at 
Famagusta Hospital, but the medical staff allegedly refused to give 
them a medical report without police instructions. The newspaper's 
sources were reportedly other police officers who participated in the 
operation but disagreed with the mistreatment of the men. The officers 
claimed the officer in charge threatened to transfer them to a less 
favorable position if they reported the abuse. The police reported that 
although no official complaint was submitted, the deputy attorney 
general appointed a criminal investigator to the case and the 
investigation was pending at year's end. The police were simultaneously 
investigating a case of traffic violations and violation of the 
Narcotic Drugs and Psychotropic Substances Law against the three 
passengers.
    On February 19, the Nicosia Criminal Court sentenced eight police 
officers involved in the 2005 beating of two students to prison for two 
months to one year, but it suspended those sentences for three years, 
stating that if the defendants commit any crimes within that three-year 
period, they will be required to serve the sentence. The officers had 
been acquitted by a court in 2009, but the attorney general appealed 
the decision, and the Appellate Court ordered a retrial. In a separate 
process in April, the police disciplinary committee fined 10 officers 
involved in the incident, including the eight sentenced by the court, 
suspending their pay for periods of one to eight days, based on the 
severity of the charges. The assistant chief of police appealed the 
disciplinary committee decision. The appeal was pending before the 
Appeals Board at year's end.
    During the year the ombudsman and nongovernmental organizations 
(NGOs) received complaints that police subjected inmates to physical 
abuse and discriminatory treatment. The ombudsman reported that during 
the year her office received one complaint from a prisoner concerning 
physical violence allegedly committed by prison officials and one 
complaint of physical violence and degrading treatment allegedly 
committed by police officers in detention centers. The first complaint 
was investigated and the ombudsman found there was insufficient 
evidence to conclude that the prisoner was abused. The ombudsman halted 
the investigation of the second complaint when the complainant signed a 
statement denying police mistreatment. However, the ombudsman prepared 
a report noting that the prison management had asked the prisoner to 
sign the statement and urged the prison management not to repeat such a 
practice. The ombudsman prepared a report on systemic violence against 
prisoners by prison officials, to be included in her 2011 annual report 
on the National Preventive Mechanism under the Optional Protocol to the 
U.N. Convention against Torture (OPCAT). In 2010 the ombudsman's office 
investigated 13 complaints of physical violence against prisoners. Of 
those, one complaint resulted in a report to the Independent Authority, 
which brought the case before the attorney general; one complaint was 
transferred to the OPCAT unit and was still under investigation; one 
complaint was still under investigation by the ombudsman; eight were 
found to be unsubstantiated; and two investigations were terminated for 
reasons that were not specified.

    Prison and Detention Center Conditions.--During the year 
overcrowding remained the Nicosia Central Prison's greatest problem. 
Prison authorities acknowledged that many of the prison buildings were 
constructed prior to 1960 and in need of renovation. In a September 
report the ombudsman stated that overcrowding had become a permanent 
problem and had a negative impact on prisoners' living conditions. The 
prison's capacity was 520, but at times it housed up to 710 inmates. 
Extension and renovation works completed in 2011 added 89 new cells to 
the prison. Approximately 62 percent of the prisoners were non-Cypriots 
imprisoned for illegal entry, stay, and employment, as well as theft, 
burglary, and other offenses. Community service is an option for 
nonviolent offenders.
    On September 28, a 40-year-old detainee, held on suspicion of 
robbing a church, hanged himself in his cell in a detention center in 
Limassol. The Independent Authority was investigating the conditions of 
his death at year's end. On October 16, a Georgian national, held on a 
detention and deportation order for living in the country illegally, 
was found unconscious in his cell in Nicosia's Lakatamia Detention 
Center. He was transferred to the hospital where he was pronounced 
dead. A police spokesman stated there was no suspicion that a crime had 
been committed. A forensic post mortem examination did not reveal the 
cause of death. The results of a histological examination expected to 
determine the exact cause of death were pending at year's end. The 
deceased had spent two months in the center. The chairman of the House 
of Representatives Committee on Legal Affairs, Ionas Nicolaou, 
criticized police for holding foreign prisoners in detention centers 
for extended periods of time. Nicolaou stated that cells in detention 
centers were too small, lacked natural light, and were likely to cause 
serious health problems for detainees held there for more than a few 
days.
    Inmates in the Central Prison during the year included 447 females, 
one of whom was a juvenile, and seven male juveniles. Juveniles were 
held separately from adults, women separately from men, and pretrial 
detainees separately from convicted prisoners. The ombudsman 
investigated two complaints by Turkish Cypriot prisoners made in 2009 
that they were subjected to discriminatory treatment at the Central 
Prison, and found them unsubstantiated at the conclusion of the 
investigation in 2011. In 2010 the ombudsman examined a complaint that 
female inmates were treated unequally because they were not given the 
option to serve their prison sentences or portions of them in the Open 
Prison or the Out of Prison Employment Center as was the case with male 
inmates. Restoration work completed in 2011 allowed women inmates to 
serve part of their sentence in the Open Prison. Turkish Cypriots who 
lived in the area under Turkish Cypriot administration were admitted to 
the Open Prison but were granted exit permits only with an escort.
    An NGO reported in August that it received multiple complaints of 
police brutality against foreign detainees held in detention centers in 
Larnaca, Nicosia, and Paphos and complaints of discrimination in the 
Central Prison. The NGO reported that police officers also verbally 
abused foreign detainees using derogatory language about their 
ethnicity and religion. Foreign detainees were reportedly tasked with 
heavier work than local prisoners, were not informed about the full 
extent of their visitation rights, and in some cases, unable to receive 
visits from their families.
    The ombudsman reported that overcrowding posed great challenges to 
maintaining the absolute separation of convicted criminals from 
pretrial detainees and that long- and short-term prisoners were held 
together. According to the ombudsman, overcrowding had serious 
repercussions on the health of both prisoners and staff due to the lack 
of sufficient hygiene facilities and a health center. Also, prisoners 
with mental health problems did not receive specialized treatment. 
During the year prison management implemented the ombudsman's 
recommendation to operate a special rehabilitation program for drug 
addicts within the prison. Prison authorities confirmed that 
overcrowding prevented separation of prisoners by health condition. 
Community service is an alternative to prison confinement for 
nonviolent criminals.
    Prisoners in the Central Prison had access to a church and a 
mosque, and prison management stated that it made every effort to 
facilitate religious observance. Detention centers did not have 
facilities for religious observance. Prisoners and detainees could 
submit complaints to the ombudsman without censorship. The ombudsman 
reported one case of a prisoner who was asked by prison management to 
revoke the complaint.
    The ombudsman reported in October that an investigation deemed 
conditions in Famagusta detention center incompatible with 
international standards and conducive to inhumane and degrading 
treatment of detainees. The detention center lacked basic hygiene 
components, and toilet paper, soap, and shampoo were available only on 
demand. There was no exercise area, and detainees were confined 24 
hours a day in their cells. Due to the lack of a proper visitors' room, 
detainees were handcuffed when they received visitors. The ombudsman 
recommended the immediate closing of the detention center.
    Construction work was underway during the year to increase capacity 
and improve sanitary conditions at the Central Prison.
    The government permitted prison visits by independent human rights 
observers, and such visits, unrestricted and unannounced, occurred 
during the year. The ombudsman and the prison board visited Central 
Prison on a regular basis. The Human Rights Committee of the House of 
Representatives also visited the prison and examined the living 
conditions of the detainees. After a visit on March 2, the Human Rights 
Committee underlined that the problems its members observed in previous 
years, such as overcrowding, lack of staff (especially medical staff), 
and inadequate training of existing staff remained unresolved.
    In 2008 the Council of Europe's Committee for the Prevention of 
Torture (CPT) conducted one of its periodic spot checks. CPT 
representatives visited several sites, including the Central Prison, 
the psychiatric unit in Athalassa, and several police stations, and 
privately interviewed detainees and prisoners. The CPT's report on the 
visit had not been released by the end of 2011.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The police enforced the 
law and combated criminal activity. The Greek Cypriot National Guard 
(GCNG), backed by a contingent of Greek military forces, the Hellenic 
Force in Cyprus, protected national security. The GCNG reports to the 
Ministry of Defense, which reports to the president. The police report 
to the Ministry of Justice and Public Order. The president appoints the 
chief of police. The police force is composed of a headquarters with 
six functional departments, six geographic district divisions, 
including one inactive district for the area administered by Turkish 
Cypriots, and seven police units that provide specialized services. One 
case alleging serious police corruption was before the court.
    The Independent Authority appoints independent investigators from a 
list submitted by the attorney general to look into complaints. On 
January 25, the chairman of the Independent Authority stated that 
police refused to hand over complete case files, hampering the 
authority's ability to conduct objective investigations.
    According to its June report, 137 complaints were submitted to the 
Independent Authority in 2010, a 22 percent increase over 2009. One 
complaint concerned alleged police corruption and complicity, 63 
complaints alleged violation of human rights; and 63 complaints claimed 
favoritism or behavior on the part of police that undermined police 
standing in society. Ten complaints were deemed outside the scope of 
the authority and not investigated. The Independent Authority appointed 
criminal investigators in 60 cases: In four cases investigators 
recommended criminal prosecution of the police officers involved to the 
attorney general, and the attorney general concurred with three of the 
recommendations; in 30 cases there was no evidence of criminal or 
disciplinary offenses; in two cases investigators recommended that the 
chief of police initiate a disciplinary process; in three cases the 
investigation was suspended because the complainants did not give a 
statement; one complaint was withdrawn; and 20 cases were under 
investigation at year's end. In the remaining cases received in 2010, 
the Independent Authority conducted 25 preliminary investigations, 
referred 17 cases to the chief of police for handling, and had 
requested and was awaiting additional information in 22 cases. Three of 
the cases were withdrawn by complainants. In the first 10 months of the 
year, the Independent Authority received 117 complaints.
    During the year the Independent Authority recommended to the 
attorney general the prosecution of police officers allegedly involved 
in three criminal cases. The attorney general ordered the prosecution 
of the police officers involved in one of those cases. An examination 
as to whether the prosecution of the police officers involved in the 
other two cases was warranted was pending at year's end. During the 
year police investigated 26 criminal cases against members of the 
force. At the end of the year, 18 of those cases were still under 
investigation, six were pending trial, one case was completed and the 
defendant fined, and one case was withdrawn at the instruction of the 
attorney general. Of the 11 cases pending investigation at the end of 
2010, two resulted in the resignation of the police officers involved, 
two were pending trial, four were still under investigation, and one 
was dropped by the court. In the two remaining cases, prosecution of 
one was suspended on the instruction of the attorney general while, in 
the second, it was concluded that no crime was committed.
    On March 15, police arrested the deputy chief of the Police Aliens 
and Immigration Service as a prime suspect in a case of trafficking for 
sexual and labor exploitation of Chinese women at an illegal Nicosia 
brothel. The suspect was released on bail but rearrested in October for 
attempting to influence witnesses in the case. The trial was under way 
at year's end.

    Arrest Procedures and Treatment While in Detention.--The law 
requires judicially issued arrest warrants, and authorities respected 
this requirement in practice. Persons may not be detained for more than 
one day without referral of the case to a court for extension of 
detention. Most periods of investigative detention did not exceed 10 
days before formal charges were filed. The attorney general generally 
made efforts to minimize pretrial detention, especially in cases of 
serious crimes. Attorneys generally had access to detainees. Bail was 
permitted. The government claimed the right to deport foreign nationals 
for reasons of public interest, regardless of whether they had been 
charged with, or convicted of, a crime. While lengthy pretrial 
detention was not a problem, trial delays were common and partially 
caused by lengthy legal procedures, which resulted in an accumulated 
workload for the court system.
    While authorities detained aliens without identity documents when 
they did not know where to deport them, the government's policy was not 
to hold such persons long term in detention centers. Instead, if 
deportations could not be executed in a reasonable amount of time--
generally six months--the government's policy was to release 
undocumented migrants and rejected asylum seekers and give them 
residence permits for a limited period, provided they had not been 
found guilty of a crime. Residence and employment permits were 
renewable provided the released detainees signed a contract of 
employment approved by the Department of Labor. On October 24, the 
press reported that a group of 52 foreign detainees in Central Prison's 
Block 10 staged a hunger strike protesting the length of their 
detention. An NGO reported that a number of undocumented foreigners 
arrested for illegal stays in the country remained in long-term 
detention. One foreigner who had been previously detained for over 
three years was released in 2010, only to be rearrested four months 
later. According to the NGO, the detainee attempted to commit suicide. 
At least one additional long-term detainee reportedly attempted 
suicide. The same NGO reported that undocumented aliens were only 
released if they signed a document consenting to the issuance of travel 
documents by their home country. The NGO also reported that released 
detainees did not have access to health care or social benefits and 
were not entitled to permanent residency permits unless they had a job.

    e. Denial of Fair Public Trial.--The law and constitution provide 
for an independent judiciary, and the government generally respected 
this provision in practice.
    Most criminal and civil cases begin in district courts, from which 
appeals may be made to the Supreme Court. There are no special courts 
for security or political offenses. There are military tribunals that 
have jurisdiction over members of the GCNG.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The 
constitution provides for public trials, and defendants have the right 
to be present and to consult with an attorney in a timely manner. Jury 
trials are not used. An attorney is provided for those who cannot 
afford one, and defendants have the right to question witnesses against 
them and present evidence or witnesses on their behalf. The law also 
provides that defendants and their attorneys have access to government-
held evidence related to their cases. Defendants enjoy a presumption of 
innocence and have a right of appeal. The government generally 
respected these rights in practice.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court of Human Rights (ECHR) issued one judgment that found 
the country in violation of a provision of the European Convention on 
Human Rights. There were no reports that the government failed to 
comply with ECHR decisions.
    In January 2010 the ECHR ruled in Rantsev v. Cyprus and Russia that 
Cyprus failed to protect 20-year-old Russian cabaret artist Oxana 
Rantseva from human trafficking and failed to conduct an effective 
investigation into the circumstances of her death in 2001. The 
government made a unilateral declaration before the court acknowledging 
that it had violated the convention and offered to pay pecuniary and 
nonpecuniary damages to the applicant. The attorney general opened a 
new investigation into the case in 2009, which continued at year's end.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, permitting claimants to bring 
lawsuits seeking damages for or cessation of human rights violations, 
and citizens successfully availed themselves of it. Individuals could 
appeal cases involving alleged human rights violations by the state to 
the ECHR once all avenues of appeal in the domestic court system had 
been exhausted.

    Property Restitution.--According to a law enacted in 1991 and 
amended in 2010, the minister of interior is the guardian of the 
properties of all Turkish Cypriots who do not have their permanent 
residence in the government-controlled part since 1974. Ownership 
remains with the original owner, but the sale or transfer of Turkish 
Cypriot property under the guardianship of the minister of interior 
requires the approval of the government. The minister of interior has 
the authority to return properties to Turkish Cypriot applicants after 
examining the circumstances of each case. Owners can appeal decisions 
of the minister of interior at the Supreme Court.
    Turkish Cypriots have filed a total of 104 court cases, 20 of them 
during the year, to reclaim property located in the Republic of Cyprus. 
The Supreme Court issued judgments in five cases concerning Turkish 
Cypriot properties that were under the guardianship of the Ministry of 
Interior, and one decision was issued by a civil court. The Supreme 
Court found it did not have jurisdiction in three of the cases; in the 
two remaining cases, the court ruling upheld the right of guardianship. 
The Civil Court rejected the owner's claim that the guardian's 
interference with his property constituted trespass.
    In September 2010 the ombudsman, in her capacity as the authority 
with oversight in matters involving racism and discrimination, reported 
that the examination of two complaints submitted by Turkish Cypriots 
revealed that the state was discriminating against Turkish Cypriot 
property owners and restricting their property rights. Both Turkish 
Cypriots had applied to the Land Registry Department to secure title 
deeds for their properties in the government-controlled area and were 
told that they needed the prior approval of the Ministry of Interior. 
The ombudsman recommended abolition of the 1963 law that restricts the 
property rights of Turkish Cypriots for reasons of public safety. The 
attorney general studied the recommendation and decided against the 
abolition of the law.

    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. An independent 
press, an effective judiciary, and a functioning democratic political 
system combined to ensure freedom of speech and of the press.

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

    Academic Freedom and Cultural Events.--There were generally no 
government restrictions on academic freedom or cultural events, but 
certain oversight efforts threatened academic independence and 
activities. The government continued to exert political pressure on 
universities to refrain from any contact with universities in the 
Turkish Cypriot community because the government considered them 
illegal.

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

    c. Freedom of Religion.--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 government-controlled areas, foreign travel, 
emigration, and repatriation, and the government generally respected 
these rights in practice. The government cooperated with the Office of 
the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons (IDPs), refugees, returning refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The government did not restrict Greek Cypriots from traveling to 
the area administered by Turkish Cypriots, but it generally advised 
them against spending the night at Greek Cypriot properties, gambling 
in the area administered by Turkish Cypriots, or buying or developing 
property there.
    The government allowed EU citizens and citizens of other countries 
not subject to a visa requirement, who entered from ports of entry in 
the area administered by Turkish Cypriots, to cross the green line into 
the government-controlled area; the government maintained, however, 
that all ports of entry in the area administered by Turkish Cypriots 
are illegal.
    Greek Cypriots and Turkish Cypriots were required to show 
identification cards when crossing the green line. Members of each 
community were required to obtain insurance coverage in the community 
where they planned to drive their vehicles. Turkish Cypriots flew in 
and out of Larnaca and Paphos airports without obstruction. The 
government issued 7,650 passports to Turkish Cypriots during the year.

    Internally Displaced Persons (IDPs).--The government considered 
Greek Cypriots displaced as a result of the 1974 division of the island 
refugees, although they fell under the U.N. definition of IDPs. At 
year's end, these individuals and their descendants numbered 202,334. 
Depending on their income, they are eligible for financial assistance 
from the government. They have been resettled, have access to 
humanitarian organizations, and were not subject to attack, targeting, 
or mandatory return under dangerous conditions.

    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 53 persons were recognized as refugees.
    In contrast to previous years, refugees and NGOs did not report 
that any asylum cases were closed without consideration or receipt of a 
government response. NGOs and asylum seekers alleged that the Nicosia 
District Welfare Office continued to be inconsistent in the delivery of 
benefits to eligible asylum seekers. The ombudsman continued to receive 
such complaints and reported that in many cases the allegations were 
well-founded. To remedy the situation, the ombudsman proposed modifying 
the Public Subsidies Law. An NGO and the ombudsman reported that the 
2011 decision of the House of Representatives to review, monthly, 
benefits granted to non-Cypriot beneficiaries before releasing the 
funds, caused two- to three-month delays in the delivery of such 
benefits.
    The NGO Action for Equality, Support, Antiracism (KISA) claimed 
that authorities detained and deported asylum seekers whose 
applications had been rejected and who were appealing the decision, 
before the Supreme Court undertook a final adjudication of their 
applications. KISA and the ombudsman also reported complaints from 
asylum seekers concerning difficulties in accessing the asylum 
application procedure and delays in the examination of their 
applications.

    Employment.--The government granted individuals determined to be 
refugees permission to stay and gave them temporary work permits, but 
it did not grant permanent resettlement rights. The law allows asylum 
seekers to be employed in fisheries, the production of animal feed, 
waste management, gas stations and car washes, freight handling in the 
wholesale trade, building and outdoor cleaning, distribution of 
advertising and informational materials, and food delivery. However, 
KISA claimed the Labor Office refused to approve and renew labor 
contracts for asylum seekers outside the farming and agriculture 
sector.
    Asylum seekers whose cases were awaiting adjudication were allowed 
to work after residing six months in the country, but they were limited 
to the areas permitted by law. During the six-month period, asylum 
seekers had access to a subsistence allowance and could live in one of 
three reception centers for refugees located in Kofinou, Larnaca, and 
Paphos. There were complaints regarding the remoteness and lack of 
facilities at Kofinou, but improvements were made in the areas of 
psychological support, activities for children, and transport. The 
government operated the center under a private-public partnership with 
a university. For the other two reception centers, Onissilos reception 
center in Larnaca and Agapinor reception hotel in Paphos, the 
government contracted services from a private company.

    Access to Basic Services.--Asylum seekers who refused an available 
job could be cut off from state benefits. To obtain welfare benefits, 
asylum seekers had to have a valid address, which was impossible for 
many who were homeless. KISA reported delays in the delivery of checks 
to asylum seekers who were eligible for benefits. According to NGOs, 
asylum seekers reported discrimination in the provision of state 
medical care. On February 10, a group of Palestinians with recognized 
refugee status stormed the district welfare office in Larnaca, 
complaining about delays in the delivery of their monthly allowances. 
The protesters beat an on-duty police officer. Eleven Palestinians were 
arrested and formally charged. The minister of interior announced that 
four would be deported and the rest subjected to local law.
    Following a government inquiry into the 2010 death of a diabetic 
Congolese asylum seeker whose social welfare benefits were discontinued 
three months after he refused to take a job offer, the Ministry of 
Labor changed the procedure for handling similar cases. Asylum seekers 
with a medical condition rendering them unable to work or able to 
perform only light work are referred to a medical board for assessment 
and are entitled to public assistance while awaiting a decision. Two 
cases resulting from the death of an asylum seeker who allegedly did 
not receive timely medical treatment in 2009 were still pending.

    Durable Solutions.--The government provided funding to a local 
university and an NGO for educational services aimed at helping 
recognized refugees and asylum seekers integrate into society and also 
to a local NGO to help victims of torture.

    Temporary Protection.--The government provided temporary protection 
to 16 individuals whose refugee status was under determination during 
the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law and constitution provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage. 
In national elections only those Turkish Cypriots who reside 
permanently in the government-controlled area are permitted to vote and 
run for office. In elections for the European Parliament, all Cypriot 
citizens and resident EU citizens have a right to vote and run for 
office, including Turkish Cypriots who live in the area administered by 
the Turkish Cypriots. All resident EU citizens are eligible to vote and 
run for office in municipal elections.

    Elections and Political Participation.--Recent Elections.--On May 
22, free and fair elections were held for the 56 seats assigned to 
Greek Cypriots in the 80-seat House of Representatives.

    Participation of Women and Minorities.--Women held six of the 56 
seats filled in the House of Representatives and three of 11 
ministerial posts. They also held senior positions in the judicial 
branch.
    There were no members of minorities in the House of 
Representatives. The small Armenian Orthodox, Maronite Christian, and 
Roman Catholic communities elected special nonvoting observer 
representatives from their respective communities to the House of 
Representatives. Twenty-four seats assigned to Turkish Cypriots were 
unfilled.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, which 
vary depending on the charges, and the government generally implemented 
these laws effectively. There were isolated reports of government 
corruption.
    While the government generally investigated and prosecuted cases of 
corruption, these usually moved at a slow pace, and the evidence law, 
which prohibits wiretapping and electronic surveillance, made obtaining 
convictions difficult.
    On June 22, the head of the Cyprus EU Presidency office resigned 
following accusations that he had rigged the hiring process to employ a 
family friend. The auditor general confirmed that the hiring process 
was flawed but stated that she did not have the authority to pursue a 
criminal investigation. The government did not seek a police 
investigation into the case. Two similar cases in which government 
employees were charged with misusing their position for personal gain 
or exerting influence in hiring procedures were pending at year's end.
    On April 5, three police officers received suspended sentences 
ranging from four to six months in connection with the high-profile 
2008 escape of double murderer and rapist Antonis Procopiou Kitas from 
a Nicosia private hospital, where he had stayed while serving a life 
sentence. In addition, the three officers received disciplinary 
sanctions following the completion of a disciplinary investigation 
ordered by the chief of the police. The minister of justice and public 
order resigned over the escape, and the government appointed 
independent criminal investigators to determine possible police and 
government officials' involvement. In January 2010 the attorney general 
filed two criminal cases against six police officers and the director 
of the central prison. A hearing of the case against the former 
director of the Central Prison began in 2009 and was still in progress 
at year's end.
    In May the Supreme Court upheld its 2009 ruling that a law, first 
passed and challenged in 2004, that requires state and public officials 
to declare their assets was unconstitutional. The court ruled that the 
said law violated the constitutionally protected right to respect for 
private and family life.
    The constitution provides citizens the right of access to 
government information, but there were no specific laws to ensure 
public access. Civil servants were not allowed to provide access to 
government documents without first obtaining permission from the 
relevant minister. An Access Info Europe report issued in November 
stated that, according to a survey conducted by the organization in 
2010, 72 percent of the 220 requests for information which it sent to 
20 public agencies were not answered, and 8 percent were denied in 
writing or orally.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. There is a government 
ombudsman, whose portfolio includes human rights, and a legislative 
committee on human rights.

    Government Human Rights Bodies.--During the year the ombudsman 
received complaints from citizens and foreigners living on the island 
who believed their rights had been violated by the government. During 
her fully independent investigations, the ombudsman generally enjoyed 
good cooperation with other government bodies. The ombudsman's annual 
reports focused on police misconduct, treatment of patients at state 
hospitals, treatment of asylum seekers and foreign workers, and gender 
equality in the workplace. The Office of the Ombudsman was well 
respected and considered effective.
    The legislative Committee on Human Rights, which most local NGOs 
considered effective, consists of 10 members of the House of 
Representatives who serve five-year terms. The committee discussed 
wide-ranging human rights problems, including trafficking in persons, 
prison conditions, and the rights of foreign workers. The executive 
branch did not exercise control over the committee.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the government effectively enforced 
these prohibitions.

    Women.--Rape and Domestic Abuse.--The law criminalizes rape, 
including spousal rape, with a maximum sentence of life in prison. Most 
convicted offenders received considerably less than the maximum 
sentence. Police indicated that 26 cases of sexual assault were 
reported during the year.
    Violence against women, including spousal abuse, was reported, and 
there has been a sharp increase in recent years in the number of 
reported cases. The law establishes clear mechanisms for reporting and 
prosecuting family violence and provides that the testimony of minors 
and experts, such as psychologists, may be used as evidence to 
prosecute abusers. The law provides for the imprisonment of persons 
found guilty of abusing family members. Doctors, hospital workers, and 
education professionals are required to report all suspected cases of 
domestic violence to police. Many victims refused to testify in court, 
however, and by law spouses cannot be compelled to testify against each 
other. Courts were obliged to drop cases of domestic violence if the 
spousal victim was the only witness and refused to testify.
    During the year police received 600 cases of domestic violence. 
They initiated criminal investigations in 307 of these and filed 129 
criminal cases in court. In 75 percent of the cases, the victims were 
female.
    An NGO working with domestic abuse victims reported an increase in 
the number of telephone calls to its hotline from 2010. The NGO 
reported that 1,323 callers, of whom 75 percent were women, 17 percent 
children, and 8 percent men, claimed to be victims of domestic 
violence. The NGO also operated a shelter for women and children in 
Nicosia that served 78 victims of domestic violence during the year.

    Sexual Harassment.--The law prohibits sexual harassment in the 
workplace, but it was reportedly a widespread problem, with most 
incidents unreported to authorities. In 2009 a Cyprus University of 
Technology (TEPAK) report showed that 6 percent of employees in the 
country had experienced sexual harassment in their workplace. During 
the year the Labor Office received nine complaints regarding sexual 
harassment, eight by non-Cypriots. The office's investigation found one 
complaint to be valid, and the complainant received 2,000 euros 
($2,600) in compensation.
    In one of the two sexual harassment complaints filed and deemed 
valid in 2010, the victim received free legal aid to present her case 
before the Labor Disputes Court for compensation in 2011. In the second 
case, the complainant, a foreign housekeeper, was granted permission to 
seek a new employer in 2011. Permission is required for such a change 
because one's presence and work permit are tied to a particular 
employer. In April the ombudsman criticized the decision of the 
Department of Labor not to examine a 2009 complaint of sexual 
harassment because the case was under police investigation. The 
complaint was submitted by a foreign housekeeper, who claimed that she 
had been sexually harassed by her employer. The police investigation 
did not result in a criminal prosecution, and the complainant was 
eventually arrested because her residence permit had expired. The 
ombudsman recommended the examination of the complaint by the 
Department of Labor and the revocation of the detention and deportation 
order until the completion of the investigation. The government 
complied with the recommendation; as a result, the complainant's work 
permit was renewed.

    Reproductive Rights.--Couples and individuals were generally able 
to freely decide the number, spacing, and timing of their children and 
to have the information and means to do so free from discrimination, 
coercion, and violence. There was easy access to contraception, skilled 
attendance during childbirth, and women were diagnosed and treated for 
sexually transmitted infections, including HIV, equally with men.

    Discrimination.--Women generally have the same legal status as men 
under family and property law and in the judicial system. The National 
Mechanism for Women' Rights under the Ministry of Justice and Public 
Order was tasked with the promotion, protection, and coordination of 
women's rights. Laws requiring equal pay for men and women performing 
the same work were enforced effectively at the white-collar level. 
Despite a strong legal framework, the Ministry of Labor and Social 
Insurance's enforcement was ineffective at the blue-collar level. 
Research by one NGO suggested that remuneration for female blue-collar 
workers was 25 to 30 percent less than for their male counterparts. The 
ombudsman reported serious cases of gender discrimination in the 
workplace particularly against pregnant women who were either not 
promoted or dismissed from employment. The ombudsman's 2010 report, 
released in 2011, expressed concern over the increasing phenomenon of 
dismissal of working women on the grounds of pregnancy. The ombudsman 
reported that 30 percent of the complaints submitted with regard to 
discrimination against women concerned discrimination on the grounds of 
maternity, pregnancy, or childbirth.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents, and there is universal birth registration at the time of 
birth.

    Education.--The ombudsman's investigation into a 2008 complaint 
that Romani children in public schools were not taught their local 
language, history and culture, concluded that the complaints were 
valid. The ombudsman found that the Romani children, as members of the 
Turkish Cypriot community, were taught Turkish language and culture but 
that their curriculum did not take into consideration their distinctive 
language and culture as members of the Romani community. The ombudsman 
recommended that the Ministry of Education engage members of the Romani 
community in a dialogue aimed at developing teaching methods and 
educational programs more appropriate for Romani children. The 
ombudsman also urged the immediate implementation of the European 
Commission against Racism and Intolerance (ECRI) recommendation to 
offer free transportation to Romani children living in the Polemidia 
housing settlement. The ECRI report released in June stated that the 
Polemidia housing settlement for Roma constituted de facto segregation 
from the majority population, while the children there were denied 
their right to education due to lack of free transportation to and from 
school.
    In September the ombudsman reported that the Ministry of Education 
had yet to officially withdraw a 2004 circular requiring schools to 
report to immigration authorities the contact information of parents of 
foreign children enrolled at schools in order to help authorities 
determine if they reside in the country legally. The Ministry of 
Education subsequently issued instructions to school principals to 
enroll all students without exception. However, according to the 
ombudsman and the ECRI's June report, the new policy was not always 
implemented, and in practice the contact information of foreign 
students was regularly sent to police.

    Child Abuse.--The Welfare Department reported that it received 251 
cases of child abuse in 2010 compared with 281 in 2009 and that 92 
percent of cases of abuse were linked to domestic violence. During the 
year police conducted 152 criminal investigations of child abuse 
compared with 155 the previous year. An NGO working with domestic abuse 
victims reported that cases of child sexual abuse doubled in 2011 
reaching a total of 16 from eight in 2010.

    Sexual Exploitation of Children.--The minimum age for consensual 
sex is 17, and sexual intercourse with a person under the age of 17 is 
a criminal offense. The penalty for sexual intercourse with a person 
between the ages of 13 and 17 is a maximum of three years' 
imprisonment. The criminal penalty for sexual intercourse with a person 
under 13 is up to life in prison. Possession of child pornography is a 
criminal offense punishable by a maximum of 10 years' imprisonment.

    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 2,150 persons in the 
Jewish community, which consisted of a very small number of native 
Jewish Cypriots and a greater number of expatriate Israeli, British, 
and other European Jews.
    There were continued reports of verbal harassment of members of 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.--The law prohibits discrimination 
against persons with physical, sensory, intellectual, and mental 
disabilities in employment, education, access to health care, or in the 
provision of other state services, and in practice the government 
generally enforced these provisions. While the law mandates that public 
buildings and tourist facilities built after 1999 be accessible to all, 
government enforcement was ineffective. Older buildings frequently 
lacked access for persons with disabilities. There were no appropriate 
institutions for adults with mental disabilities who were in need of 
long-term care.
    The amended People with Disabilities Law, which extended the 
ombudsman's authority to cover discrimination based on disabilities in 
both the private and public sectors, had not been fully implemented by 
year's end. Problems facing persons with disabilities included narrow 
or nonexistent sidewalks and lack of transport, parking spaces, 
accessible toilets, and elevators. During the year the ombudsman 
examined two complaints of discrimination against persons with 
disabilities. The ombudsman investigated a complaint by the Association 
of Parents of Persons with Mental Disabilities that persons with mental 
disabilities were discriminated against in relation to persons with 
other disabilities in the area of subsidized transport. The 
investigation did not establish discriminatory treatment but 
recommended to the Ministry of Labor and Social Insurance the immediate 
amendment of government programs to allow subsidies for the general 
transport of persons with disabilities, including mental disabilities, 
and a special subsidy for their transport to schools, care centers, and 
related places.
    There are no long-term care facilities specifically for persons 
with mental disabilities, but many such persons were housed at the 
Athalassa Psychiatric Hospital. In February parents of children with 
special needs complained to the House of Representatives Committee on 
Human Rights about a lack of services and opportunities for children 
with severe forms of mental disability after they graduated from 
special school at the age of 21. According to a study presented at a 
meeting of the committee in May 2010, one in three patients discharged 
from the Athalassa facility lived in a retirement home and experienced 
difficulty integrating into society. Ten percent of these former 
patients were under the age of 30. Members of the committee noted there 
was no infrastructure to support mental health patients with the result 
that, when they left the psychiatric hospital, their medication was 
stopped. There were no programs for their social integration or 
aftercare in general, a situation that could lead to serious problems.
    In November the House Committee on Human Rights discussed the lack 
of reintegration plans for psychiatric patients discharged from the 
Athalassa Psychiatric Hospital. According the information presented to 
the committee by the Social Welfare Services, 300 former patients of 
the hospital were at the time living in homes for the elderly due to 
lack of half-way houses. Members of the committee pointed out that 
there has been no progress in developing any reintegration plans and 
improving benefits to persons with psychiatric conditions. One 
committee member stressed that existing legislation discriminates 
against psychiatric patients, entitling them to lower benefits than 
persons with other disabilities.
    On December 13, the ombudsman, in her capacity as the head of the 
National Mechanism for the Prevention of Torture, visited Athalassa 
Psychiatric Hospital and collected material for a report with 
recommendations for the improvement of patients' living conditions and 
the protection of their rights.
    In August 2010 the Paraplegics Association complained that new 
public buses, introduced in June of that year as part of the overhaul 
of the public transport system, did not meet the needs of wheelchair 
users in that they only had space for one wheelchair instead of two. 
After a meeting with the minister of communications and works in 
September 2010, the Paraplegics Association stated that the government 
had agreed that all future orders for buses would provide for two 
wheelchair spaces. The government also agreed to modify buses then in 
use if demand showed a need for two wheelchair spaces.
    The Ministry of Labor and Social Insurance's Service for the Care 
and Rehabilitation of the Disabled was responsible for protecting the 
rights of persons with disabilities. The minister of labor and social 
insurance chaired the Pancyprian Council for Persons with Disabilities, 
which included representatives of government services, organizations 
representing persons with disabilities, and employer and employee 
organizations. The council monitored actions that affected the 
protection of the rights of persons with disabilities and served as a 
forum for such persons to contribute to public policy.

    National/Racial/Ethnic Minorities.--Several incidents of government 
and societal discrimination against members of minority national and 
ethnic groups occurred during the year.
    On February 16, approximately150 Greek Cypriot and 25 Palestinian 
students clashed at a high school in Larnaca. Three students, a Greek 
Cypriot and two Palestinians, suffered light injuries and received 
first aid. The incident was attributed to increased tensions between 
Greek Cypriot residents of Larnaca and Palestinian refugees who had 
settled in the city. The government, the school parents association, 
and the student council condemned the incident.
    On March 23, police charged 14 persons for rioting and, in some 
cases, causing bodily harm in connection with the November 2010 clashes 
in Larnaca between participants in an antiracism NGO event, the Rainbow 
Festival, and demonstrators marching against the presence of 
undocumented migrants. One Turkish Cypriot, a member of a music group 
participating in the NGO event, was stabbed and several police officers 
and demonstrators injured. The mosque in Larnaca was vandalized 
following the riot. Nine of the persons charged participated in the 
Rainbow Festival, and the other five participated in a demonstration 
against undocumented migrants. Doros Polycarpou, the executive director 
of KISA, one of the organizers of the antiracism event, was among those 
charged with rioting. The hearing of Polycarpou's case was scheduled 
for February 2012 after two postponements in July and December. 
International human rights groups following the case protested the 
delays in the hearing. In a joint statement on December 13, a 
delegation of eight international organizations protested the 
cancellation of its meetings with government officials to discuss the 
case. Two of the other persons charged were accused of publicly 
insulting Doros Polycarpou.
    In March the European Commission against Racism and Intolerance 
(ECRI) issued a report assessing the situation in Cyprus. Among several 
areas that needed improvement, the report noted that legislation 
against racism was rarely implemented and no records were kept on 
discrimination cases that reached the courts. It noted a 
disproportionately high concentration of Turkish Cypriot and Romani 
children in certain schools and a lack of educational access for the 
Romani children living in the Polemidia area outside of Limassol, a 
situation described as de facto segregation from the general 
population. The report also noted a marked increase in racism in 
schools and a rise in prominence of extremist and anti-immigration 
groups.
    In November the ombudsman issued a report expressing serious 
concern over the increase of racist attacks in Cyprus and calling on 
the authorities to take immediate measures to locate and punish the 
perpetrators of such incidents. After examining a series of attacks 
against foreigners in Nicosia in August for which no suspects had been 
arrested and convicted, the ombudsman made a series of recommendations 
to improve the situation.
    During the year there was one report of violence against a Turkish 
Cypriot in the government-controlled area. In January a Turkish Cypriot 
man was reportedly attacked after an Apoel-Omonia soccer game, in the 
presence of his wife and child. The victim stated he did not file a 
complaint with the Greek Cypriot police because of a lack of action in 
other similar cases.
    Some Turkish Cypriots living in the government-controlled area 
reportedly faced difficulties obtaining identification cards and other 
government documents, particularly if they were born after 1974. 
Turkish Cypriots made few formal complaints to the UNFICYP about their 
living conditions in the south.
    The ombudsman received complaints that the government denied 
automatic citizenship to children of Turkish Cypriots married to 
Turkish citizens who resided in the area administered by Turkish 
Cypriots. Instead of granting citizenship automatically to such 
children, the Ministry of Interior routinely sought approval from the 
Council of Ministers before confirming their citizenship. In 2011 the 
Council of Ministers approved 119 cases. The ombudsman's office had no 
authority to examine the complaints because the Council of Ministers 
decision to apply different criteria for granting citizenship to 
children born to one Turkish parent was a political one. Children of 
Turkish Cypriots married to Turkish citizens and living outside of 
Cyprus were automatically granted citizenship. However, the ombudsman's 
office issued a report in August following the receipt of a large 
number of complaints from children of Turkish Cypriots married to non-
Cypriots for long delays in receiving a response to their applications 
for citizenship. The majority of the cases were pending for three years 
and in some cases for four to five years. The ombudsman recommended 
that the Ministry of Interior expedite the examination of the 
applications, inform the applicants before the end of the year, and 
inform those deemed ineligible in writing about the reasons for 
rejection. The ombudsman also urged the ministry to examine such 
applications in the future within a reasonable period of time.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Despite legal protections, gay 
men and lesbians faced significant societal discrimination, and few 
lesbian, gay, bisexual, or transgender (LGBT) persons were open about 
their sexual orientation. In May 2010 the first LGBT organization, 
Accept LGBT Cyprus, announced its operation and organized a series of 
events. The events were covered by the media and there was no negative 
public reaction. On October 19, Interior Minister Sylikiotis stated 
that the application of Accept-Cyprus to register as an association was 
accepted and the relevant certificate of registration was issued.
    In November the press reported that a Foreign Ministry attache 
complained to the ombudsman that the ministry excluded him from a 
specific overseas assignment because of his sexual orientation. The 
permanent secretary of the Foreign Ministry rejected the allegation on 
the grounds that the attache lacked the necessary experience for the 
specific appointment he had requested.
    A report published in May by ILGA Europe (Equality for Lesbian, 
Gay, Bisexual, Trans- and Intersex People in Europe) listed Cyprus 
among the countries that were not advancing towards greater recognition 
of rights for LGBT persons. The report noted that Cyprus lacked 
specific LGBT antidiscrimination legislation.

    Other Societal Violence or Discrimination.--An NGO reported 
complaints of discrimination toward persons with HIV/AIDS and asserted 
that HIV-positive individuals faced social exclusion and termination 
from employment. The director of a clinic treating HIV-positive persons 
stated in December that due to prevailing prejudice, the majority of 
patients did not reveal their condition to their colleagues and some, 
not even to their families.
    An NGO working on human rights issues reported receiving two death 
threats during the year. NGO personnel reported both to the police, who 
took note of the information and made some recommendations regarding 
personal safety.

    Promotion of Acts of Discrimination.--Government-approved textbooks 
used at the primary and secondary school levels included language that 
was biased against Turkish Cypriots and Turks or refrained from 
mentioning the Turkish Cypriot community altogether. In addition, there 
were anecdotal reports of teachers using handouts or leading classroom 
discussions that included inflammatory language.
    In March 2010 the minister of education announced that a special 
government committee established in 2008 to examine the question of 
education reform had completed work on a set of curricula on all 
subjects, including history. Implementation of the history curriculum 
was scheduled to begin in September 2011, but controversy over new 
language led to a postponement that had not been resolved at year's 
end. Although teachers were instructed to use a variety of sources to 
promote critical thinking and avoid indoctrination by encouraging class 
discussion and asking students to consult alternative sources, an NGO 
involved with the training commented that, without evaluation, it could 
not be determined whether teachers acted as instructed in the 
classroom. The Ministry of Education ran seminars for teachers on 
promoting diversity in religion. However, a new textbook with a more 
diverse viewpoint was withdrawn prior to its introduction. According to 
one Ministry of Education official, the lack of education on LGBT 
issues in the education system contributed to the stigmatization of 
LGBT persons in schools.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
All workers, except members of the police and military forces, have the 
legal right to form and join independent unions of their own choosing 
without prior authorization. Police officers could form associations 
that had the right to bargain collectively. The law allows unions to 
conduct their activities without interference. With the exception of 
members of the armed forces, police, and gendarmerie, all workers, 
including migrant and foreign workers, have the right to strike. The 
law provides for collective bargaining. Antiunion discrimination is 
illegal.
    Workers exercised the right to form and join independent unions and 
to bargain collectively in practice. More than 70 percent of the 
workforce belonged to independent unions. The government generally 
protected the right of unions to conduct their activities without 
interference. Authorities have the power to curtail strikes in 
``essential services,'' but this power was used rarely in practice. An 
agreement between the government and essential services personnel 
provides for dispute resolution and protects workers in the sector. 
Although collective bargaining agreements are not legally binding, 
their terms were effectively observed by employers and employees. 
Collective bargaining agreements covered approximately 60 percent of 
workers, both citizens and foreigners. Workers covered by such 
agreements were predominantly in the larger sectors of the economy, 
including construction, tourism, the health industry, and 
manufacturing.
    Union leaders contended that private sector employers were able to 
discourage union activity because the enforcement of labor regulations 
prohibiting antiunion discrimination was sporadic and penalties for 
antiunion practices were minimal.

    b. Prohibition of Forced or Compulsory Labor.--The government 
prohibits forced or compulsory labor, including by children. However, 
NGOs reported isolated cases of asylum seekers subjected to forced 
labor in agriculture.
    The Ministry of Labor and Social Insurance continued to receive 
complaints of labor exploitation. Foreign workers, primarily from 
Eastern Europe and East and South Asia, were reportedly forced to work 
up to 13 hours a day, seven days a week, for very low wages. NGOs 
confirmed that employers often retained a portion of foreign workers' 
salaries as payment for accommodations. The ombudsman reported that her 
office received a number of complaints during the year, and their 
investigation was pending.
    Many domestic workers were reluctant to report contract violations 
by their employers out of fear of losing their jobs and consequently 
their work and residency permits. An NGO reported that there were cases 
of domestic workers whose travel documents were withheld by their 
employers. Two cases involving mistreatment of foreign domestic workers 
by their employers were pending trial at year's end. In one of the 
cases pending before the court, the employer, who was a member of the 
fire service, was ordered by the service, following a disciplinary 
investigation, to pay a 170- euro ($220) fine for misconduct. He 
appealed the decision, and a final decision on the appeal was pending 
at year's end. The domestic worker was identified as a victim of 
trafficking for labor 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.--The 
law prohibits the employment of children, defined as persons under 15, 
except in specified circumstances, such as combined work-training 
programs for children who have attained the age of 14 or employment in 
cultural, artistic, sports, or advertising activities, subject to 
certain rules limiting work hours. Nighttime work and engagement of 
children in street trading is prohibited. The law also permits the 
employment of adolescents, defined as persons between the ages of 15 
and 18, provided it is not harmful, damaging, or dangerous, and also 
subject to rules limiting hours of employment. Employment of 
adolescents between midnight and 4:00 a.m. is not permitted. The 
minimum age for employment in an ``industrial undertaking'' is 16.
    The government effectively enforced laws and policies to protect 
children from exploitation in the workplace. Ministry of Labor and 
Social Insurance inspectors are responsible for enforcing the child 
labor laws and did so effectively. There were isolated examples of 
children under 16 working for family businesses.

    d. Acceptable Conditions of Work.--Although there is no national 
minimum wage, there is a minimum wage for certain groups that are 
deemed vulnerable to exploitation. The official poverty line is set at 
2,062 euros ($2,680) a month for a family of four; the rate was 
established in 2009. The minimum wage for shop assistants, nurses' 
assistants, clerks, hairdressers, and nursery assistants was 855 euros 
($1,110) per month for the first six months and 909 euros ($1,180) per 
month thereafter. For asylum seekers working in the agricultural 
sector, the minimum monthly wage was either 425 euros ($553) with 
accommodation and food provided or 767 euros ($997) without 
accommodation and food.
    The minimum starting salary for foreign nationals working as live-
in housekeepers was 456 euros ($593) per month. Medical insurance, visa 
fees, travel, and repatriation expenses were covered by the employers. 
Cabaret performers' contracts typically stipulated that they receive at 
least 205 euros ($267) per week for 36 hours of work. Workers in almost 
all other occupations, including unskilled labor, were covered under 
collective bargaining agreements. The wages set in these agreements 
were significantly higher than the minimum wage.
    Foreign workers were allowed to claim pensions, and in some cases 
bilateral agreements existed that allowed workers to claim credit in 
their home countries. Unions and labor confederations were generally 
effective in enforcing negotiated wage rates (collectively bargained 
rates), which were generally much higher than the minimum wage. The 
Migration Service was responsible for enforcing the minimum wage for 
foreign workers but did not actively do so.
    The legal maximum workweek was 48 hours, including overtime. Unions 
and employers within the same economic sector collectively determined 
the actual working hours. In the private sector, white-collar employees 
typically worked 39 hours a week, and blue-collar employees worked 38 
hours a week. In the public sector, the workweek was 38 hours in the 
winter and 35 hours in the summer. The law does not require premium pay 
for overtime or mandatory rest periods; however, these benefits were 
sometimes stipulated in contracts and collective agreements. The law 
provides that foreign and local workers receive equal treatment. Labor 
ministry inspectors are responsible for enforcing these laws. Labor 
unions, however, reported enforcement problems in sectors not covered 
by collective agreements. They also reported that certain employers, 
mainly in the building industry, exploited illegal foreign workers by 
paying them very low wages.
    There were reports that foreign domestic workers, primarily from 
East or South Asia, were mistreated by their employers or fired without 
cause in violation of their contracts. Some domestic workers, 
particularly live-in maids, reported working excess hours for employer 
families at all times, night and day, without additional compensation 
or time off. Although the law protects domestic workers who file a 
complaint with the Ministry of Labor and Social Insurance from being 
deported until their cases have been adjudicated, NGOs reported that 
many domestic workers did not complain to authorities about 
mistreatment due to fear of deportation.
    Ministry of Labor inspectors were responsible for enforcing health 
and safety laws. The Ministry of Labor and labor unions reported that 
health and safety laws were satisfactorily enforced but that more 
needed to be done. The minister of labor stated in October that the 
majority of accidents involved non-Cypriots who were employed 
illegally. All four workers killed in work-related accidents in 2011 
were non-Cypriots. Factory inspectors processed complaints and 
inspected businesses to ensure that occupational safety laws were 
observed. Their inspections were supported by close government 
cooperation with employer and employee organizations. However, 
inspections did not occur in private households where persons were 
employed as domestic servants.
    From January to the end of September, four persons were killed in 
work-related accidents. In 2010 there were 20 workplace fatalities, 11 
of which were migrant workers.
                                 ______
                                 

               The Area Administered by Turkish Cypriots 
                 (Turkish Republic of Northern Cyprus)

                           EXECUTIVE SUMMARY
    Since 1974 the northern part of Cyprus has been run by a Turkish 
Cypriot administration that proclaimed itself the ``Turkish Republic of 
Northern Cyprus'' (``TRNC'') in 1983. The United States does not 
recognize the ``TRNC,'' nor does any country other than Turkey. Dervish 
Eroglu was elected ``president'' in 2010 in free and fair elections. 
Elections to the ``Assembly of the Republic'' in 2009 were also free 
and fair and resulted in the formation of a single-party ``government'' 
of the UBP (National Unity Party). The ``TRNC constitution'' is the 
basis for the ``laws'' that govern the area administered by Turkish 
Cypriot ``police'' and security forces were ultimately under the 
operational command of the Turkish military, per transitional article 
10 of the ``TRNC constitution,'' which cedes responsibility for public 
security and defense ``temporarily'' to Turkey.The most significant 
problems reported during the year included police abuse of detainees 
and infringement on the right of demonstrators to peacefully assemble. 
In addition, there were restrictions on the rights of asylum seekers 
and no regulatory infrastructure to handle asylum applications or to 
protect their rights.Other problems reported during the year included 
mistreatment of persons in custody, overcrowding in prisons, lack of 
separation of incarcerated adults and juveniles, corruption and 
cronyism in the executive and legislative branches, domestic violence 
against women, trafficking in persons, and criminalization of same-sex 
sexual activity between men.While there were investigations of police 
abuse cases, no officials were prosecuted or punished. Officials 
sometimes 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 
reports that authorities or their agents committed arbitrary or 
unlawful killings.

    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; however, there were 
reports that police abused detainees. The ``law'' does not refer to 
``torture,'' which falls under the section of the criminal code that 
deals with assault, violence, and battery.
    On May 17, police arrested and detained three men, including an 
American resident in the north, on burglary charges. The family 
reported that the American had been beaten by police, and a consul who 
visited him in prison photographed him with deep contusions and 
multiple bruises. The accusations were brought to ``parliament'' by 
Nicosia ``member of parliament'' and TDP chairman Mehmet Cakici, who 
complained that the attending physician who performed a health check on 
the suspect was complicit because he found that the suspect's injuries 
could have been caused by a fall rather than a beating.
    On May 31, a newspaper reported that an acquitted child molestation 
suspect alleged police beat him for two hours and sodomized him with a 
stick, after which he reportedly required surgery. He filed a complaint 
with the ``attorney general's'' office.
    In December a ``parliamentary committee'' established to 
investigate allegations of police torture reported that torture has 
been carried out at police stations. The committee also learned that 
police and the ``attorney general's office'' investigated the 
complaints and torture allegations and filed a case in ``court'' based 
on their findings. The committee studied another 12 petitions from 
citizens who claimed they were beaten and consulted with the police and 
the ``attorney general's office'' on the cases.
    In December Kibrisli newspaper began publishing a series of torture 
allegations dating from 2006 to the present, based on first-hand 
accounts. One victim alleged that he was covered with a sack, tortured, 
beaten, and that electricity was applied to his genitals for seven days 
after he refused to sign statements prepared by the police. The 
newspaper published a full statement and photos showing the alleged 
signs of torture. Another victim alleged that he was beaten so severely 
he required medical care; the doctor at the hospital reportedly 
described his wounds as ``scratches'' and did not give him a health 
report. The victim claimed that police released him when they 
understood that he was not guilty. He claimed he filed a complaint with 
the ``attorney general's'' office but had never received a response.
    Two police abuse cases filed with the ``attorney general'' in 2011 
were being prepared for a court hearing at the end of the year.

    Prison and Detention Center Conditions.--In previous years inmates 
complained of overcrowding at the prison, but the authorities routinely 
claimed they had addressed the problem. NGO representatives stated 
that, while a 2009 bunk-bed system that increased the official bed 
capacity from 291 to 448 addressed some of the overcrowding problems, 
health and other services were sorely lacking. Health services were 
provided to inmates once a week; no health checks were given to 
prisoners and detainees upon entry into the prison; and inmates lacked 
regular access to washing water and hot water. Authorities stated that 
inmates requested a sports facility for the prison but there was no 
room for such a facility. Of the 293 prisoners held at year's end, 51 
percent were foreigners, mostly Turkish citizens. Ten women prisoners 
and two juveniles were incarcerated. Approximately 39 percent of the 
prisoners were awaiting trial.
    During the year there were no deaths within the prison or detention 
centers. Prisoners had access to potable water.
    According to the authorities, prisoners and detainees were 
permitted both to submit complaints to judicial authorities without 
censorship and to request investigation of credible allegations of 
inhumane conditions. Authorities reported they did not receive any 
complaints.
    Authorities stated that all prisoners were allowed religious 
observance. Prisoners with ``stern'' penalties were allowed to receive 
visitors every 10 days while prisoners with ``light punishment'' were 
allowed to receive visitors every 15 days. Detainees were allowed to 
receive visitors every 30 days. Visits were limited to 30 minutes 
except during holidays. Convicted inmates were allowed a maximum of 40 
minutes of telephone calls four days a week; detainees were given 
access to phones three days a week.
    The scope of the ombudsman's duties does not include advocating for 
reduced or alternative sentences or addressing the status of juvenile 
prisoners or improving detention/bail conditions.
    During the year authorities permitted a prison visit by a group of 
local journalists and hosted an iftar dinner for the group at the 
prison, where they were able to meet with inmates and prison employees.

    d. Arbitrary Arrest or Detention.--The ``law'' prohibits arbitrary 
arrest and detention, and authorities generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Police are responsible 
for law enforcement. The chief of police reports to a Turkish Cypriot 
``general,'' who is nominally under the supervision of the ``Prime 
Ministry,'' holding the ``security portfolio.'' The police and security 
forces are ultimately under the operational command of the Turkish 
military, however, per transitional article 10 of the ``TRNC 
constitution,'' which ``temporarily'' cedes responsibility for public 
security and defense to Turkey. Security forces were generally 
cooperative with civilian authorities and effective in matters of law 
enforcement. The police are divided into eight functional divisions and 
five geographic divisions.
    The ``office of the attorney general'' continued to work with the 
inspection division (or occasionally the criminal investigative 
division) to investigate allegations of police misconduct. Two 
complaints were filed with and investigated by the ``attorney general's 
office.'' The cases were being prepared for a court hearing at the end 
of the year.
    In 2011 a Turkish Cypriot nearing completion of his two-year 
mandatory military service wrote an article alleging widespread abuse 
of soldiers within the military, including physical and psychological 
abuses.

    Arrest Procedures and Treatment While in Detention.--Judicially 
issued warrants are required for arrests. No person may be detained 
longer than 24 hours without referral of the case to the courts for a 
longer period of detention. Authorities generally respected this right 
in practice. Detainees were usually informed promptly of charges 
against them, although individuals believed to have committed a violent 
offense were often held for longer periods without being charged. 
According to the ``law,'' any detained person must be brought before a 
judge within 24 hours. The person can then be detained in police 
custody for a period of up to three months, but a judge must review the 
detention after the third day and every eight days thereafter. Bail was 
permitted and routinely used. Detainees were usually allowed prompt 
access to family members and a lawyer of their choice. Authorities only 
provided lawyers to the indigent for cases involving violent offenses. 
Particularly at the time of arrest, police sometimes did not observe 
legal protections. Some suspects were not permitted to have their 
lawyers present when giving testimony, in contravention of the ``law.'' 
Suspects who demanded the presence of a lawyer were sometimes 
threatened with stiffer charges or physically intimidated.
    During the year one suspect who claimed he did not know Turkish 
complained he was forced to sign a confession drafted in Turkish by 
police. There were numerous allegations of rough treatment or torture 
by police of prisoners.

    e. Denial of Fair Public Trial.--The ``law'' provides for an 
independent judiciary, and authorities generally respected judicial 
independence in practice.Most criminal and civil cases begin in 
district courts, from which appeals are made to the ``Supreme Court.'' 
There were no special courts for political offenses. Civilian courts 
have jurisdiction in cases where civilians are accused of violating 
military restrictions, such as filming or photographing military zones.

    Trial Procedures.--The ``law'' provides for the right to a fair 
trial, and an independent judiciary generally enforced this right. The 
``TRNC constitution'' provides for public trials, the defendant's right 
to be present at those trials, and the defendant's right to consult 
with an attorney in a timely manner. Authorities provide lawyers to 
indigent defendants only in cases involving violent offenses. 
Defendants are allowed to question witnesses against them and present 
evidence and witnesses on their behalf. The ``law'' also requires that 
defendants and their attorneys have access to evidence held by the 
``government'' related to their cases. Defendants enjoy a presumption 
of innocence and have a right to appeal. Authorities generally 
respected these rights in practice.

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

    Civil Judicial Procedures and Remedies.--There was generally an 
independent and impartial judiciary for civil matters, permitting 
claimants to bring lawsuits seeking damages for human rights 
violations. There were generally no problems enforcing domestic court 
orders.

    Property Restitution.--During the year Greek Cypriots continued to 
pursue property suits against the Turkish government for the loss since 
1974 of property located in the area administered by Turkish Cypriots. 
Turkish Cypriots pursued claims against the Republic of Cyprus as well. 
Under ECHR rules, as long as adequate local remedies exist, an 
appellant does not have standing to bring a case before the ECHR until 
that appellant exhausts all local remedies.
    In response to the ECHR's 2005 ruling in the Xenides-Arestis case 
that Turkey's ``subordinate local authorities'' in Cyprus had not 
provided an adequate local remedy, a property commission was 
established to handle claims by Greek Cypriots; in 2006 the ECHR ruled 
that the commission had satisfied ``in principle'' the ECHR's 
requirement for an effective local remedy. In a March 2010 ruling, the 
ECHR recognized the property commission as a domestic remedy. The 
Immoveable Property Commission (IPC) reportedly received 1,926 
applications through the end of the year and completed 205 of them 
through friendly settlements and seven through formal hearings. Five 
applicants received restitution of their properties outright (plus 
compensation), one received restitution pending a future settlement of 
the Cyprus problem, one accepted partial restitution, and one received 
full restitution. Two property exchange (plus compensation) decisions 
were also issued. Two applications were rejected and 92 were revoked. 
As of year's end, the commission had paid the equivalent of more than 
$106 million in compensation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The ``law'' prohibits such actions. However, there 
were reports that police subjected Greek Cypriots and Maronites living 
in the area administered by Turkish Cypriots to surveillance. Although 
authorities reported otherwise, a Maronite representative asserted that 
during the year the Turkish military occupied 18 houses in the village 
of Karpasia.
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 this right in practice. Individuals 
were generally able to publicly criticize the authorities without 
reprisal, with some exceptions.

    Freedom of Speech.--Police on occasion interfered with the public 
display of materials that raised politically sensitive subjects. On 
July 19, police confiscated a banner from the Turkish Cypriot Public 
Servants Trade Union building because it was deemed ``disrespectful'' 
to visiting Turkish Prime Minister Erdogan. On August 9, media reported 
that police removed a large sign advertizing a newspaper that included 
a photograph depicting police violence in July. Police reinstated the 
sign the following day.

    Freedom of Press.--While authorities generally respected freedom of 
the press in practice, journalists were at times obstructed in their 
reporting, fined, and threatened with charges. The independent media 
were active and expressed a wide variety of views. International media 
were generally allowed to operate freely. Bayrak Radyo Televizyon 
Kurumu (BRT) is the only ``government''-owned television and radio 
station.Violence and Harassment: Two journalists were attacked during 
the year, although the relationship between the attacks and the 
journalists' reporting was unclear. On July 3, an assailant shot at 
journalist Ali Osman Tabak inside Afrika newspaper's office. The office 
had been attacked in February. Police arrested a suspect in connection 
with both incidents. After investigation, charges were filed against 
the suspect and the trial continued. On April 6 and May 12, a second 
journalist, Mutlu Esendemir, was a victim of bomb attacks on his 
vehicle, which slightly injured him. After investigation, various 
charges were filed against the suspect, who was arrested on June 1, and 
the trial continued. The Turkish Cypriot Journalists Association 
reported that journalists have been threatened and prevented from 
working and that they experienced problems trying to access public or 
other information and political pressure.

    Internet Freedom.--The authorities did not restrict access to the 
Internet, and there were no reports that they monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.

    Academic Freedom and Cultural Events.--The authorities did not 
restrict academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The ``law'' provides for freedom of assembly. However, 
authorities interfered with peaceful public protests on several 
occasions in July.
    On July 19, groups of regular, undercover, and riot police 
intervened against peaceful protesters at three separate locations in 
and around Nicosia. Police entered the Turkish Cypriot Public Servants 
Union headquarters, confiscated a banner, and arrested two unionists. 
The same evening, several dozen regular and undercover police officers 
confronted protesters from the Social Existence Platform organization 
in front of the Cyprus Turkish Airlines headquarters in Nicosia, 
resulting in six injuries and another six arrests. Media photographs 
and video footage showed police shoving, punching, and kicking 
protesters. The eight demonstrators were released on July 20. They were 
later charged with causing damage to police vehicles and fined. The 
main opposition parties, civil society organizations, and trade unions 
organized protests outside the police headquarters on July 25 to 
criticize the police and the ``government'' for their use of excessive 
force against peaceful demonstrators.

    Freedom of Association.--The ``law'' provides for freedom of 
association, and the authorities generally respected this right in 
practice. Some organizations faced lengthy registration periods.

    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 area administered by Turkish Cypriots, foreign 
travel, emigration, and repatriation, and authorities generally 
respected these rights in practice.
    Cooperation between the Office of the U.N. High Commissioner for 
Refugees (UNHCR) and the Turkish Cypriot authorities was handled 
through an intermediary NGO. Since no law exists regarding the handling 
of asylum applications, the UNHCR representative in Cyprus adjudicated 
asylum claims.
    Greek Cypriots and Turkish Cypriots were required to show 
identification cards when crossing the green line. Greek Cypriots and 
foreigners crossing into the area administered by Turkish Cypriots were 
also required to fill out a ``visa'' form.
    In an effort to improve regulation of undocumented workers, 
authorities passed an ``immigration amnesty law'' in December allowing 
illegally present workers to request amnesty for 60 days. Applications 
continued at year's end. In addition, the new regulation stipulated 
that any employer of illegal workers would be fined 6,500 Turkish lira 
($3,440) or face business closure for two months. According to the 
immigration ``law,'' all employers who wish to import foreign workers 
need official permission from the ``Department of Labor'' to register 
them. Authorities deported illegal immigrants found without work 
permits. All illegal immigrants without work permits were prohibited 
from entering the ``TRNC'' at ports of entry. With few exceptions, 
asylum seekers were generally treated as illegal immigrants and were 
either deported or denied entry.
    Turkish Cypriots had difficulty traveling to most countries because 
only Turkey recognizes travel documents issued by the ``TRNC.'' Some 
Turkish Cypriots used Turkish travel documents, but many obtained 
travel documents issued by the Republic of Cyprus. Turkish Cypriots 
born after 1974 to parents who were both Republic of Cyprus citizens 
before 1974 obtained passports relatively easily, compared with Turkish 
Cypriots born after 1974 to only one Cypriot parent.

    Internally Displaced Persons (IDPs).--Turkish Cypriots considered 
persons displaced as a result of the division of the island to be 
refugees, although they fell under the U.N. definition of IDPs. These 
persons and their descendants numbered approximately 90,000 to 100,000 
in the north. They were resettled, had access to humanitarian 
organizations, and were not subject to attack, targeting, or return 
under dangerous conditions.

    Protection of Refugees.--Access to Asylum.--The 1951 Refugee 
Convention relating to the Status of Refugees is incorporated into 
Turkish Cypriot domestic ``law,'' as were all other laws adopted during 
pre-1963 British colonial rule and later ``ratified'' by the Turkish 
Cypriot administration. Authorities admitted that they had no ``law'' 
or system in place for dealing with asylum seekers or the protection of 
refugees and stated that asylum applications were systematically 
rejected. Potential asylum seekers who attempted to enter the area 
administered by Turkish Cypriots illegally were almost always arrested, 
taken to court, and deported after serving their sentence. During the 
year, however, authorities facilitated the access of 20 asylum seekers 
to the UNHCR representatives in the U.N. buffer zone.
    Individuals who requested asylum were supposed to be directed to 
the UNHCR or its local implementing partner, the Refugee Rights 
Association (RRA). However, authorities often refused to grant asylum 
seekers access to the RRA, refused their entry, treated them as 
undocumented immigrants, and denied them the opportunity to apply for 
asylum through the UNHCR. The RRA was affiliated with the Turkish 
Cypriot Human Rights Foundation in the area administered by Turkish 
Cypriots. Only the UNHCR representative could consider applicability of 
the 1951 Refugee Convention; the RRA's mission was to monitor and 
identify individuals who wanted to apply for asylum, to refer them to 
the UNHCR, to advocate to the Turkish Cypriot administration not to 
deport such individuals but instead to provide protection for the 
prospective applicants, and to facilitate their accommodation and 
employment.
    Of 39 asylum seekers, 14 were deported during the year before a 
determination had been made regarding their status. Twelve deportation 
orders were successfully cancelled, with the RRA's assistance. These 12 
asylum seekers were able to depart the north of the island to continue 
their claims with UNHCR elsewhere. The remaining 13 asylum seekers were 
in the north at year's end under status review with UNHCR and receiving 
assistance from the RRA.

    Nonrefoulement.--In practice authorities did not provide protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened. The RRA stated in 2011 that, 
despite its efforts, authorities at ports often denied entry to asylum 
seekers, and those trying to enter the ``TRNC'' illegally were usually 
detained and subsequently deported. The RRA complained that authorities 
usually denied asylum seekers access to the RRA's lawyers and vice 
versa. During the year 14 of 39 asylum seekers were deported to their 
place of origin, Syria.

    Access to Basic Services.--According to the RRA, at year's end, 13 
asylum seekers and refugees were residing and working (for below-
minimum wages and sometimes in exchange for food) or attending school 
in the area administered by Turkish Cypriots. They could not travel 
abroad because they would be unable to return due to their lack of 
status, which rendered them illegal according to Turkish Cypriot 
immigration rules. The UNHCR did not provide financial assistance to 
asylum seekers except in exceptional cases. There were no reliable 
estimates of the number of asylum seekers crossing into the government-
controlled areas, since irregular crossings went unrecorded.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The ``law'' provides Turkish Cypriots the right to change their 
``government'' peacefully, and they exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.

    Elections and Political Participation.--Recent Elections.--Turkish 
Cypriots choose a leader and a representative body every five years or 
less. In 2010 Dervish Eroglu was elected ``president'' in free and fair 
elections.

    Political Parties.--Greek Cypriots and Maronite residents were 
prohibited from participating in Turkish Cypriot ``national 
elections;'' they were eligible to vote in Greek Cypriot elections but 
had to travel to the government-controlled area to exercise that right. 
Greek Cypriot and Maronite enclave communities in the area administered 
by Turkish Cypriots directly elected municipal officials. Turkish 
Cypriot authorities did not recognize these officials.
    While membership or nonmembership in the dominant party did not 
confer formal advantages or disadvantages, there were widespread 
allegations of societal cronyism and nepotism.
    Participation of Women and Minorities.--There were four women in 
the 50-seat ``parliament.'' There were no minorities represented in the 
``parliament.''
Section 4. Official Corruption and Government Transparency
    The ``law'' provides criminal penalties for official corruption; 
however, authorities did not implement the ``law'' effectively, and 
officials sometimes engaged in corrupt practices with impunity. 
Corruption, cronyism, and lack of transparency were generally perceived 
to be serious problems in the legislative and executive branches.
    Opposition parties continued to claim that the ``government'' 
primarily hired supporters of the ruling party for public sector jobs 
during the year. On September 7, newspapers alleged that the ruling 
party hired more than 100 workers to staff various public offices and 
planned to hire an additional 200 persons.
    The ``constitution'' provides for free access to ``government'' 
information, and the ``law'' provides for public access. In practice, 
however, civil servants were not allowed to provide access to 
``government'' documents without first obtaining permission from their 
directors or ``minister.'' There were some complaints by NGO 
representatives that they were denied access to ``government'' 
information during the year. Other NGO representatives claimed that 
access to ``land registry records'' was denied, specifically for cases 
that involved pre-1974 Greek Cypriot owners who wanted to apply to the 
Immovable Property Commission. A November 2011 Access Info report 
stated that 78 percent of requests for information submitted to public 
bodies were not answered; 8 percent were orally refused; 1 percent 
refused in writing, and 9 percent responded to with the requested 
information.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups operated in the area 
administered by Turkish Cypriots. The international NGO Minority Rights 
Group International was also active in the area administered by Turkish 
Cypriots, conducting research, capacity building, and implementing 
advocacy campaigns under an EU grant. Authorities' cooperation with 
NGOs was inconsistent.
    Many local human rights groups were concerned with improving human 
rights conditions in the area administered by Turkish Cypriots. NGOs 
included groups promoting awareness of domestic violence; women's 
rights; rights of asylum seekers, refugees, and immigrants; trafficking 
in persons; torture; and lesbian, gay, bisexual, and transgender 
persons' rights. These groups were numerous but had little impact on 
specific ``legislation.'' A few international NGOs were active in the 
area administered by Turkish Cypriots, but many were hesitant to 
operate there due to political sensitivities related to working in an 
unrecognized area.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The ``law'' prohibits discrimination based on race, gender, 
disability, language, or social status. Authorities generally enforced 
these prohibitions.

    Women--Rape and Domestic Violence.--The ``law'' provides no minimum 
sentence for individuals convicted of rape, including spousal rape; the 
maximum sentence is life imprisonment. The authorities and police 
effectively handled and prosecuted rape cases, including cases of 
spousal rape. There were no NGOs whose specific mission was to support 
rape victims.Violence against women, including spousal abuse, was a 
problem. The ``law'' prohibits domestic violence under a general 
assault/violence/ battery clause in the criminal code. While 
allegations of domestic violence were usually considered a family 
matter and settled out of court, two cases of domestic violence were 
prosecuted. Both cases resulted in various fines and bail but no prison 
sentences. Authorities considered a case more credible if there was at 
least one witness in addition to the victim.
    According to 2011 statistics, 78 women were subjected to violence 
in the north. Of the victims, 34 were beaten by their spouses, 12 were 
victims of violence from a parent or other family member, while four 
were subjected to violence from boyfriends. Twenty-three women were 
given ``court-appointed'' lawyers.

    Sexual Harassment.--The ``law'' does not specifically prohibit 
sexual harassment, but victims could pursue such cases under other 
sections of the ``law.'' Sexual harassment was not discussed widely, 
and such incidents largely went unreported.

    Reproductive Rights.--Couples and individuals were able to freely 
decide the number, spacing, and timing of their children and had access 
to contraception, skilled attendance during childbirth, and obstetric 
and postpartum care.

    Discrimination.--Women generally have the same legal status as men 
under property ``law,'' family ``law,'' and in the ``judicial system.'' 
``Laws'' requiring equal pay for men and women performing the same work 
were generally enforced at the white-collar level. However, women 
working in the agricultural and textile sectors were routinely paid 
less than their male counterparts. Several NGOs worked to protect 
women's rights, but no specific ``government'' agency had this 
responsibility.

    Children--Birth Registration.--``Citizenship'' is derived from 
one's parents, and there was universal registration at the time of 
birth.

    Child Abuse.--There were some media reports of child abuse, most 
commonly in the form of sexual battery or rape. As with domestic 
violence, there were social and cultural disincentives to seek legal 
remedies for such problems, which observers believed were 
underreported.

    Sexual Exploitation of Children.--The ``criminal code'' penalizes 
sexual relations with underage girls. The maximum penalty for sex with 
a girl under the age of 13 is life imprisonment. The maximum penalty 
for sex with girls older than 13 but younger than 16 is three years' 
imprisonment. There are no ``laws'' regarding child pornography. The 
age of consent is 16 for girls. No age of consent for boys is specified 
under the ``criminal code.''
    On August 14, a social services expert asserted to the press that 
underage girls were prostituted to soldiers and workers at a mall in 
Nicosia, as were underage boys, possibly as young as 12, in Kyrenia. 
The expert reportedly gave this information several times to police, 
who stated that there were not sufficient grounds to pursue the tips. 
Police stated they record and investigate such complaints when they are 
received but do not always find sufficient evidence of criminal or 
illegal activity to pursue a case.
    On April 11 and 12, two underage girls, one of them age 14 who was 
registered with the ``Social Services Department,'' were reportedly 
forced to work as dancers and hostesses in a bar in Nicosia. 
Authorities arrested the owner of the bar for detention of a girl under 
age 16; a police investigation found the claims to be unfounded, and 
the suspect was released.

    Anti-Semitism.--The very small Jewish community was composed 
primarily of nonresident businesspersons. A synagogue in Kyrenia held 
services regularly. 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 in the 
provision of other ``state'' services, and in practice the authorities 
effectively enforced these provisions. The ``government'' employed 562 
persons with disabilities and provided financial aid to the other 3,673 
of the 4,049 known persons with disabilities in the area administered 
by Turkish Cypriots. The ``law'' does not mandate access to public 
buildings and other facilities for persons with disabilities.

    National/Racial/Ethnic Minorities.--The ``law'' prohibits 
discrimination, and the 1975 Vienna III Agreement remains the legal 
source of authority regarding the treatment of the 335 Greek Cypriot 
and 111 Maronite residents in the area under the administration of 
``TRNC'' authorities.
    Under the Vienna III Agreement, the UNFICYP visited Greek Cypriot 
residents of the enclave weekly and Maronites twice a month; additional 
visits require preapproval by authorities. Although the Vienna III 
Agreement provides for medical care by a doctor from the Greek Cypriot 
community, authorities only permitted such care by registered Turkish 
Cypriot doctors; individuals in enclaves also traveled to the 
government-controlled area for medical care.
    Greek Cypriots and Maronites were able to take possession of some 
of their properties but were unable to leave their properties to heirs 
residing in the government-controlled area. A Maronite representative 
asserted that Maronites were not allowed to bequeath property to heirs 
who do not reside in the area administered by Turkish Cypriots and 
possess ``TRNC'' identification cards. The authorities allowed the 
enclaved residents to make improvements to their homes and to apply for 
permission to build new structures on their properties. Maronites 
living in the government-controlled area could use their properties 
only if those properties were not under the control of the Turkish 
military or allocated to Turkish Cypriots.
    A majority of foreign workers in the area administered by Turkish 
Cypriots were Turkish. Those working in the agricultural and 
construction sectors were reportedly sometimes forced to sleep on the 
ground, and restaurant workers were seen sleeping after hours on chairs 
in the establishments where they worked.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Same-sex sexual activity 
between men is criminalized in the area administered by Turkish 
Cypriots under a general sodomy statute. The maximum penalty is 14 
years' imprisonment. Homosexuality remained highly proscribed socially 
and was rarely discussed. Very few lesbian, gay, bisexual, or 
transgender (LGBT) persons were publicly open about their sexual 
orientation.
    During the year there were no reports of either police or 
``government'' representatives engaging in or condoning violence 
against the LGBT community.
    While there were no recorded cases of official or societal 
discrimination based on sexual orientation in employment, housing, or 
access to education or health care, members of the LGBT community noted 
that an overwhelming majority of LGBT persons hid their sexual 
orientation to avoid such problems. They also complained that there is 
no specific antidiscrimination law for LGBT persons.

    Other Societal Violence or Discrimination.--There were no reports 
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
All workers except members of the police and military forces have the 
legal right to form and join independent unions of their own choosing 
without prior authorization. The ``law'' allows unions to conduct their 
activities without interference and provides for the right to strike. 
The ``law'' does not permit essential service workers, namely judges 
and members of the police and armed forces, to strike. Authorities have 
the power to curtail strikes in ``essential services.'' The ``law'' 
provides for collective bargaining but does not prohibit antiunion 
discrimination.Workers formed and joined independent unions in 
practice. Fewer than 2 percent of private sector workers and more than 
60 percent of semipublic and public sector workers belonged to labor 
unions. Authorities generally protected the right of unions to conduct 
their activities in practice. While workers may legally strike, 
employers have an unrestricted right to hire replacement workers in the 
event of a strike, which limited the effectiveness of this right in 
practice.
    On March 9, the ``government'' prohibited strikes at the ``Title 
Deed Office'' and the ``courts,'' invoking its right to protect the 
provision of essential services due to a backlog of cases and files at 
both institutions. The employees of both institutions began their 
strikes on January 11 to protest the ``government's'' proposed 
austerity package. On July 19, the ``government'' prohibited a strike 
by the Turkish Cypriot Public Servants Union (KTAMS) at the Ercan 
Airport flight control tower and postponed it for 60 days.
    Some unions complained that certain companies pressured workers to 
join unions led or approved by the company. Officials of independent 
unions claimed that the authorities created rival public sector unions 
to weaken the independent unions.
    Workers exercised the right to bargain collectively in practice. 
The 27,244 public and semipublic employees who made up approximately 30 
percent of the work force benefited from collective bargaining 
agreements.Union leaders claimed that private sector employers were 
able to discourage union activity because the enforcement of labor 
regulations was sporadic and penalties for antiunion practices were 
nominal.

    b. Prohibition of Forced or Compulsory Labor.--The authorities 
prohibited forced or compulsory labor, including by children, but there 
were reports that such practices occurred. Migrant workers in the 
construction and agricultural sectors were subjected to reduced wages 
and nonpayment of wages, beatings, and threats of deportation. One NGO 
asserted that there were cases of forced labor in the agricultural and 
domestic service sectors.
    Also 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 
``laws'' generally provide protection for children from exploitation in 
the workplace. In contrast to previous years, NGOs alleged that 
authorities did not always effectively enforce these ``laws,'' and 
children, mainly from Turkey, were being used for labor, primarily in 
the agricultural and manufacturing sectors and at industrial areas 
working in the automotive and construction sectors with their families.
    According to accounts by the Turkish Cypriot Human Rights 
Foundation, child labor in the urban informal economy was also a 
problem, albeit to a lesser extent than in the agriculture and in 
manufacturing sectors.The minimum age for employment in an industrial 
undertaking is 15, the last year for which education is compulsory, and 
children may be employed in apprentice positions between the ages of 15 
and 18 under a special status. Labor inspectors generally enforced the 
``law'' effectively. It was common in family-run shops for children to 
work after school, and children as young as 11 worked in orchards 
during school holidays.
    The ``Ministry of Labor and Social Security'' is responsible for 
enforcing child labor ``laws'' and policies and generally enforced them 
in practice. The ``ministry'' held monthly inspections and kept 
statistics of its findings. During the year inspectors identified 461 
workers without work permits. Authorities fined 232 employers and 
companies for failures to comply with the ``law,'' but their 
enforcement of the rules and requirements was generally perceived to be 
inadequate. Total fines amounted to 622,700 lira ($329,500), of which 
410,210 lira ($217, 000) were actually collected.

    d. Acceptable Conditions of Work.--The minimum wage was 1,300 lira 
($689) per month. The official poverty line, dating from 2008, was set 
at 9, 632 lira ($5,100) per year, or 803 lira ($426) per month, for 
each household member in a family of four. Migrant workers were often 
provided substandard accommodations as part of their compensation or 
made to pay for accommodations. The ``Ministry of Labor and Social 
Security'' is esponsible for enforcing the minimum wage. However, it 
was widely reported that illegal foreign workers were generally paid 
below the minimum wage.
    Authorities sporadically enforced occupational safety and health 
regulations. In 2011, 236 workplace accidents were reported in which 
231 persons were injured and five persons killed.Limited information 
was available on conditions of work. According to information received 
from a civil servants union, working hours for the public sector were 
38 hours a week from December through February and 39 hours for the 
rest of the year. There was premium pay for overtime in the public 
sector. Standard working hours for the private sector were 40 hours a 
week. Premium pay for overtime was also required, but frequently not 
paid, in the private sector. In the public sector, excessive compulsory 
overtime is prohibited in certain sectors, depending on the working 
hours.
    According to a union representative, enforcement and labor 
inspection was almost nonexistent, and standards were not sufficiently 
and effectively enforced in all sectors. The representative also stated 
that officials did not take any action to prevent violations of wages 
and working conditions. For example the minimum wage has not been 
increased in more than two years.

                               __________

                             CZECH REPUBLIC

                           EXECUTIVE SUMMARY
    The Czech Republic is a multiparty parliamentary democracy. 
Legislative authority is vested in the bicameral parliament, consisting 
of a Chamber of Deputies (Poslanecka snemovna) and Senate (Senat). The 
president, elected every five years by parliament, is head of state and 
appoints a prime minister from the majority party or coalition. In 2008 
the bicameral parliament elected Vaclav Klaus as president for a second 
term. The elections for the Chamber of Deputies in May 2010 were 
considered free and fair, as were October 2010 elections for one-third 
of the seats in the Senate. Security forces reported to civilian 
authorities.
    During the year societal discrimination against the country's 
Romani population was a serious problem, and human rights observers 
criticized the government's efforts to overcome it as inadequate. 
Official corruption remained a problem, despite enforcement efforts, as 
was trafficking in persons, particularly labor trafficking and 
exploitation.
    Other human rights problems included instances of prison 
overcrowding, delays in the delivery of justice, violence against 
women, sexual and other abuse of children, anti-Semitism, and 
discrimination against labor unions and migrant workers.
    The government took steps to prosecute and punish officials who 
committed abuses, both in the security services and elsewhere in the 
government, but pockets of impunity existed.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings during the year.
    On April 6, the High Court raised from 3.5 to 10 years the sentence 
of a police officer convicted in the 2009 beating death of a Vietnamese 
man in Brno. It sent the cases against two other officers convicted in 
the attack back to a lower court for reconsideration.

    b. Disappearance.--There were no reports of politically motivated 
disappearances, kidnappings, or abductions.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports during the year that government officials employed them.
    In August the Supreme Court overturned a regional court verdict 
that denied compensation for the forced sterilization of a Romani woman 
in 1997. The Supreme Court ruled the lower court should reconsider the 
case, stating that some individual compensation cases may be recognized 
even if the statute of limitations had expired before the case was 
filed.

    Prison and Detention Center Conditions.--Overcrowding and 
insufficient staff were the main problems in the prison system and led 
to poor sanitary conditions and security risks. The Czech Helsinki 
Committee found continued prison overcrowding to be a problem and 
reported an increased number of complaints regarding health care and 
sanitation in prisons. Prisoners had access to potable water, but 
limited access to hot water was a sanitation issue, as only prisoners 
who work were permitted daily hot showers. All other prisoners were 
allowed hot showers only once a week.
    In the first 11 months of the year, there were three deaths in 
prisons and one in a detention facility. The deaths were all due to 
natural causes. While no official numbers were available regarding 
tuberculosis, unofficial sources reported an increase in cases.
    The ombudsman's office reported that problems in Valdice Prison, 
including inmate-on-inmate violence, were a consequence of inadequate 
funding. Valdice Prison holds prisoners serving life sentences as well 
as dangerous or high-security prisoners.
    In November the total prison population was 113.5 percent of the 
intended capacity of 20,500 inmates. Facilities that held detainees 
prior to sentencing were at 109.3 percent of intended capacity. 
Facilities for holding prisoners serving their sentences were at 114 
percent of intended capacity. Of the 23,269 persons in the country's 
detention and prison facilities as of November 1, 488 were women and 
211 were juveniles. Pretrial detainees of both sexes, held separately, 
constituted 9 percent of the total. Juveniles were not housed with 
adults. There were no reports of worse prison conditions for women than 
for men. There were no reports of inadequate recordkeeping in the 
prison system. Individual prisons did not have ombudsmen, but the 
Office of the Ombudsman investigates prisoner complaints throughout the 
system.
    Prisoners and detainees had reasonable access to visitors (three 
hours per week) and were permitted to attend religious services. 
Authorities permitted prisoners and detainees to submit complaints to 
the Office of the Ombudsman without censorship, and the ombudsman 
investigated credible allegations of inhumane conditions in addition to 
his routine prison visits. In the first six months of the year, 
representatives of the ombudsman visited 35 locations, including 
prisons and police stations, to monitor cell conditions.
    The Ministry of Justice, which oversees the prison system, also 
inspected prisons throughout the year. The government permitted 
independent monitoring of prison conditions by local and international 
human rights groups, such as the Helsinki Commission, and the media.
    The law allows house arrest and alternative sentencing as a measure 
to alleviate prison overcrowding. During the year house arrest was used 
in 180 cases.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government observed these prohibitions.

    Role of the Police and Security Apparatus.--The national police are 
responsible for enforcing the law and maintaining public order. The 
Ministry of Interior oversees the police and is responsible for 
investigating allegations of police misconduct. Corruption remained a 
problem among law enforcement bodies during the year.
    In January the Ministry of Interior transferred to regional police 
offices the responsibilities and some of the personnel of the 
Foreigners' Police. The Foreigners' Police is an independent police 
force that handled all applications for, and problems with, long-term 
residency. The transfer was described as an effort to improve the 
quality of immigration and residency procedures. The change responded 
to numerous allegations by the government and nongovernmental 
organizations (NGOs) of corruption and inefficiency within the 
Foreigners' Police. Responsibility for granting residency permits was 
transferred to the Ministry of Interior.

    Arrest Procedures and Treatment While in Detention.--In most cases, 
police use warrants issued by a judge to arrest persons accused of 
criminal acts. They may arrest a person without a warrant when they 
believe a prosecutable offense has been committed and consider an 
arrest necessary to prevent further offenses or destruction of evidence 
or to protect a suspect, or when a person refuses to obey police orders 
to move.
    Police must turn over to a court within 24 hours a person arrested 
on a warrant. A judge then has an additional 24 hours to decide whether 
to continue to hold the individual. Suspects arrested without a warrant 
must be informed promptly of the reason for their arrest, questioned, 
and either released within 48 hours or turned over to a court. If 
police turn the detainee over to a court, a judge must decide within an 
additional 24 hours whether to charge the individual. Only a person who 
has been charged with a crime may be held for a longer period.
    The law provides for bail except for serious crimes or to prevent 
witness tampering. A defendant in a criminal case may request a lawyer 
immediately upon arrest. If a defendant cannot afford a lawyer, the 
state will provide one. The court determines whether attorneys' fees 
will be partially or fully covered by the state. Authorities respected 
these rights in practice.

    Pretrial Detention.--Under the law, pretrial detention may last no 
longer than two years except for ``exceptionally grave'' offenses. A 
suspect may petition investigating authorities at any time for release 
from detention. According to prison service data for the first nine 
months of the year, the average length of pretrial detention was 74 
days.

    Amnesty.--The president granted amnesty for humanitarian reasons to 
46 persons in 2010 and to 17 in the first nine months of 2011.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary and the government generally respected judicial 
independence in practice. Complicated procedural rules at times delayed 
judgments for years. Bureaucratic issues, including staffing shortages 
and limited specialized judicial training hampered effectiveness. In 
the first half of the year, the average length of a criminal 
prosecution was 50 days at the district level and 332 days at the 
regional level. During the same period, the average length of court 
procedures was 199 days at the district level and 716 days at the 
regional level.
    In most instances authorities respected court orders and carried 
out judicial decisions.

    Trial Procedures.--The laws provide for the right to a fair trial, 
and the independent judiciary generally enforced this right.
    Defendants enjoy a presumption of innocence. Trials are public. 
Juries are not used. In serious cases a panel of three judges rules on 
the guilt or innocence of the defendant, while a single judge hears 
less serious cases. In trial courts on the district level, the panel of 
judges is composed of one professional judge, who is the chair, and two 
lay judges identified from the public. Appeals and cases originating in 
regional courts have only professional judges. Defendants have the 
right to consult an attorney; the government provides an attorney 
without charge to defendants who cannot afford one. Defendants have the 
right to be present at trial, confront adversarial witnesses, and 
present witnesses and evidence on their own behalf. Defendants and 
their attorneys are entitled to access government-held evidence 
relevant to their cases. Convicted persons have a right of appeal. The 
law extends these rights to all persons.

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

    Regional Human Rights Court Decisions.--In the first nine months of 
the year, the European Court of Human Rights (ECHR) entered 13 
judgments against the Czech Republic. The ECHR found violations of the 
right to liberty, to a fair criminal trial, and of access to a court in 
a commercial dispute. Other cases criticized the absence of adversarial 
proceedings before the constitutional court and the excessive length of 
judicial proceedings. The country generally sought to comply with the 
judgments.
    In November 2010 the European Roma Rights Center (ERRC) filed a 
complaint with the Committee of Ministers of the Council of Europe 
(COE), which is charged with overseeing implementation of ECHR rulings, 
asserting that the government failed to comply with European law by not 
integrating Romani children into mainstream schools (see section 6). 
The ERRC requested that the Committee of Ministers require concrete 
steps towards the integration of Romani students. The COE committee's 
review continued at year's end.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for a separate, independent judiciary in civil matters, and there is 
access to a court to bring lawsuits seeking damages for, or cessation 
of, human rights violations. Available remedies include monetary 
damages, equitable relief, and cessation of harmful conduct. Plaintiffs 
may appeal unfavorable rulings to the ECHR. Administrative remedies are 
also available.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice.
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 press. The law mandates 
prison sentences of six months to three years for persons who deny 
Communist-era crimes or the Nazi Holocaust. ``Speech'' in any form that 
incites hatred based on race, religion, class, nationality, or other 
group affiliation is also illegal and carries a sentence of up to three 
years in prison.
    On April 4, the regional court in Brno set aside the convictions of 
six members of the now-banned Workers' Party for inciting hatred; 
defaming a nationality, ethnic group, and race; and supporting a 
movement seeking the suppression of human rights and freedoms. The 
regional court sent the case back to the lower court for another 
hearing.

    Freedom of Speech.--Individuals were free to criticize the 
government publicly or privately or discuss matters of general public 
interest without reprisal.

    Freedom of Press.--Independent media were active and expressed a 
wide variety of views with few restrictions.
    On August 1, an amendment to a 2009 ``muzzle law'' entered into 
force. The 2009 law makes it a criminal offense to publish information 
obtained from wiretaps and other police sources, the names of victims 
of serious crimes, and the names of victims of any crime if they were 
younger than age 18. The new amendment allows journalists to release 
such information if they consider it to be in the ``public interest.''

    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 without court orders. 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, and the government 
generally respected this right in practice.
    The government may legally restrict or prohibit gatherings, 
including marches, demonstrations, and concerts that promote hatred or 
intolerance, advocate suppressing individual rights, or jeopardize the 
safety of participants. Protesters are required to have permits for 
demonstrations, but police generally did not interfere with 
spontaneous, peaceful demonstrations.
    On April 9, police disbanded an ecumenical service organized in 
response to a planned and approved neo-Nazi march in the town of 
Krupka. The media reported that police used force against the attendees 
of the service, and the local town hall fined the organizers. Under the 
law religious gatherings may assemble without the prior permission of 
authorities, although the law does not indicate which gathering would 
take precedence in these circumstances. The police stated that the 
planned march had precedence. Courts later dismissed the fines.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and while the government generally respected 
this right in practice, the law required organizations, associations, 
foundations, and political parties to register with local officials or 
the Ministry of Interior. Groups that incite hatred based on race, 
religion, class, nationality, or other group affiliation or use banned 
symbols, can be dissolved or banned by the courts or refused 
registration permission by the Ministry of Interior.
    On August 17, the Supreme Administrative Court dissolved the right-
wing National Party, which had de facto ceased operations in 2009, for 
administrative reasons. The party was known for its anti-Romani and 
Euro-skeptic opinions, as well as an ad calling for the ``Final 
Solution'' to the Romani ``issue'' by having all Roma deported to 
India.

    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 internally displaced persons, 
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. Temporary 
protection is available based on EU laws.

    Safe Country of Origin/Transit.--By law the Ministry of Interior 
accepts asylum applications from persons arriving from or through 
countries deemed to be safe as defined by law. Such applications are 
most often refused, but authorities review all cases individually and 
may approve exceptional cases. During the year there were no reports or 
complaints regarding the safe country of origin or transit policy.

    Nonrefoulement.--In practice the government generally provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion.

    Refugee Abuse.--The law allows the government to detain asylum 
applicants who attempt to enter the country via an international 
airport for up to 120 days. This provision particularly affected 
applicants lacking identity documents.

    Durable Solutions.--A resettlement program between the government 
and UNHCR continued on an ad hoc basis. The program resettled 25 people 
during the year, mainly from Afghanistan, Belarus, and Uzbekistan.

    Temporary Protection.--Authorities granted subsidiary protection, a 
de facto refugee status for those who do not qualify for asylum, to 178 
persons during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic free and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--In May 
2010 the country held elections for seats in the Chamber of Deputies, 
the lower chamber of parliament. In October 2010 elections were held 
for one-third of the seats in the Senate and for municipal governments. 
Both elections were considered free and fair.

    Participation of Women and Minorities.--There were 45 women in the 
200-seat Chamber of Deputies, including the speaker and two of three 
deputy speakers, and 15 women in the 81-seat Senate. There were two 
women in the 15-member cabinet. Fifteen percent of judges were women, 
including five women on the 15-member Constitutional Court. One of the 
country's 13 regional governors was a woman.
    One justice of the constitutional court was an ethnic Slovak. Few 
of the country's estimated 200,000 Roma were integrated into political 
life. No Roma were members of parliament, had cabinet portfolios, or 
sat on the Supreme Court. Some Roma were appointed to national and 
regional advisory councils dealing with Romani affairs.
    Representatives from the 12 national minority groups were included 
in the 31-member Government Council for National Minorities, an 
advisory group that includes government officials. Each minority group 
may nominate up to three representatives to the council.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, but 
the government did not always implement the law effectively, and 
officials sometimes engaged in corrupt practices with impunity. 
According to World Bank governance indicators, corruption was a problem 
in the country.
    Corruption in public procurement was a major problem. Factors 
contributing to the infrequent prosecution of high-level corruption 
included the absence of a system for granting immunity to persons 
willing to testify against co-conspirators, the lack of a specialized 
prosecutorial body, inadequate legislation requiring disclosure of 
source of assets, the use of anonymous bearer bonds, lax regulation of 
public procurement, weak rules governing the financing and lobbying 
activities of campaigns and parties, ineffective police investigative 
tools, a lack of rules to protect whistleblowers and civil servants 
from political pressure, political pressure on prosecutors intended to 
disrupt investigations, and the limited number of experienced 
investigators at regional levels.
    During the year the government took several steps to prevent and 
combat corruption. An agreement between the parties in the governing 
coalition obligates the ruling coalition parties to adopt legislation 
to address the shortcomings identified above. In January the cabinet 
adopted a 58-point national anticorruption strategy for 2011 and 2012 
that identifies necessary legislative and regulatory changes and 
provides a timeline for their implementation. The Ministry of Interior 
issues regular public reports on fulfillment of the strategy. While the 
government has made progress on completing the strategy, it has fallen 
behind its own timeline on several points.
    Legislation that took effect in September eliminated the 
requirement that all defense procurement transactions be conducted 
through middlemen and significantly restricted the use of sole-source 
procurement, thereby reducing opportunities for corruption. The 
parliament enacted legislation introducing corporate criminal liability 
beginning on January 1, 2012. Parliament also amended the criminal code 
to strengthen guidelines for sentencing persons found guilty of 
corruption and expanded the use of investigative tools such as wiretaps 
in corruption investigations. The government strengthened rules for 
disposal of municipal and regional properties.
    A police anticorruption unit investigated corruption allegations 
against high-level officials and major regional and local perpetrators, 
as well as some private individuals and companies. Regular police units 
investigated lower-level cases. According to the Ministry of Interior, 
during the first half of the year police pursued 105 bribery cases (30 
for offering a bribe, 71 for receiving a bribe, and four for indirect 
bribery) and investigated 35 public officials for abuse of authority, 
an increase from the previous year. According to the Ministry of 
Justice, courts convicted 40 public officials for abuse of power, 
including three who were sentenced to prison and 34 released on 
probation. Six officials were fined. Of 57 public officials convicted 
of bribery-related offenses (18 for receiving a bribe, 38 for offering 
a bribe, and one for indirect bribery), nine were sentenced to prison 
and 44 were released on probation. Ten officials were fined. From 
January through September, the specialized anticorruption police unit, 
which has responsibility for high-profile corruption cases, 
investigated 66 cases of public corruption. Investigators completed 
eight cases and forwarded them for prosecution.
    The press continued to report allegations of corruption.
    In April two members of the junior governing VV party (a 
conservative liberal political party), including the head of the 
party's parliamentary caucus, accused Minister of Transport Vit Barta 
of bribing them to remain loyal to the party. Barta denied that the 
funds he provided to the members were bribes, describing them as loans, 
but he admitted that the cash payments might have broken laws against 
money laundering. He and party colleagues claimed that the accusations 
were an effort to fracture the newly formed party, which had risen to 
prominence on an anticorruption platform. Barta resigned his position, 
saying he would not return to high office until his name was cleared. 
The party expelled the two parliamentarians while a third resigned. In 
September the parliament stripped Barta of his immunity so that the 
investigation could continue, a move supported by Barta and his party. 
In October police charged Barta and a former party member with bribery, 
and the investigation continued at year's end.
    In November Minister of Justice Jiri Pospisil removed Vlastimil 
Rampula, the high state's attorney, who allegedly played a role in 
leaking the testimony of an Austrian witness in the investigation of 
alleged kickbacks paid to government officials and political parties 
during negotiations for the purchase of military vehicles from an 
Austrian company. Rampula's alleged interference in other corruption 
investigations reportedly was another reason for his dismissal.
    In December prosecutors brought charges of attempted fraud and 
bribery against two unnamed individuals in a case involving allegations 
by a U.S. businessman (and former U.S. ambassador to the Czech 
Republic) that in 2008 then deputy defense minister Martin Bartak 
solicited a multimillion-dollar bribe in exchange for assistance in 
resolving a dispute involving the former ambassador's company and one 
of its key suppliers. In December prosecutors brought charges of 
attempted fraud and bribery against two unnamed individuals.
    Several ministries had anticorruption hotlines for citizens to 
report allegations. The Ministry of Interior's anticorruption hotline, 
administered by the government watchdog NGO Oziveni, received 1,107 
calls in the first nine months of the year. Oziveni identified 574 
relevant complaints, including 38 concerning the judiciary, 136 
concerning police, 156 concerning property rights and construction 
permits, and 74 concerning public procurement.
    Credible allegations of corruption in the judiciary persisted, 
particularly in connection with bankruptcy and financial criminal 
proceedings. In October Justice Minister Pospisil filed a criminal 
complaint against Judge Jan Kozak, vice chair of the Brno Regional 
Court, accusing him of assigning bankruptcy cases to judges out of 
order. Kozak had assigned himself a high-profile bankruptcy case 
involving a clothing manufacturer. The complaint was reportedly based 
on information contained in an annual report by the Czech Security 
Information Service in September. The case was pending at the end of 
the year. Pospisil also filed disciplinary complaints against Kozak and 
his superior, Judge Jaromir Porizek.
    The law provides for public access to government information, and 
the government usually provided such access to citizens and 
noncitizens, including foreign media. NGOs reported an increasing 
number of denials during the previous two years, especially at the 
local level and on the use of public finances. Applicants whose 
requests are denied have 15 days to appeal. They may also appeal if 
authorities exceed the time limit for processing a request.
    The law obliges legislators, members of the cabinet, and other 
selected public officials to make annual asset declarations. However, 
asset declarations can only be viewed in person based on written 
request and are often general and lacking in information. Only assets 
gained since taking up one's public function must be reported.
    Several cases involving requests for public access to information 
reached the courts during the year, and courts were reportedly 
receptive to the plaintiffs. The Supreme Administration Court ruled 
against the efforts of the Ministry of Finance to conceal the 
identities of past recipients of tax-forgiveness rulings. When the 
ministry required the plaintiff, the economic daily newspaper 
Hospodarske Noviny, to pay for the reproduction of records, requesting 
250,000 korunas (approximately $12,830) for the full record, the 
newspaper accessed a smaller number of documents with financial support 
from the Open Society Fund.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without governmental restriction, investigating and 
publishing their findings on human rights cases. Government officials 
often were cooperative and responsive to their views.

    Government Human Rights Bodies.--Representatives from the Office of 
the Ombudsman made regular visits to government and private facilities 
where residents have limited movement, (i.e., prisons, orphanages, and 
senior citizens' homes), examining the treatment of individuals and 
monitoring respect for fundamental rights. The office issued quarterly 
and annual reports on its activities in addition to reports on topics 
of special concern. The office operated without government or party 
interference, had adequate resources, and was considered effective. In 
the first six months of the year, the ombudsman received 3,716 
complaints,181 regarding the prison, police, and military services. Of 
the total, 57 percent fell within the office's mandate. In the same 
period, the information hotline received 5,307 requesting simple 
advice. The ombudsman opened 724 inquiries in 2010.
    On February 15, the prime minister named Monika Simunkova to be the 
new human rights commissioner, filling a position that had been vacant 
since September 2010. NGOs continued to criticize the government's 2010 
decision to downgrade the commission from the ministerial level, 
claiming that it showed a lack of government concern for human rights 
problems.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on gender, age, disability, 
race, ethnic origin, nationality, sexual orientation, religious faith, 
or personal belief. The government did not effectively enforce these 
provisions. Significant societal discrimination against Roma persisted, 
and trafficking in persons also remained a problem.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
including spousal rape, and carries a penalty of two to 15 years in 
prison. The government effectively enforced these provisions. Although 
experts considered rape to be underreported, they noted an upward trend 
in the number of rape convictions since 2001. They attributed this 
trend to improved police training, public awareness campaigns, and 
greater interaction between police and NGOs. In the first six months of 
the year, 312 rapes were reported, 169 of which were investigated. 
Courts convicted 95 offenders, 53 of whom received prison sentences and 
the remainder were given suspended sentences. In 2010, 586 rapes were 
reported, of which 377 were investigated, and 172 offenders were 
convicted, of whom 100 received prison sentences, while the remainder 
were given suspended sentences.
    Experts believed that violence against women was more widespread 
than suggested by the number of cases reported to authorities due to 
the stigma associated with reporting such abuses.
    Domestic violence is punishable by up to three years in prison with 
longer sentences under aggravated circumstances. Police have the 
authority to remove violent abusers from their homes for 10 days. In 
the first six months of the year, the NGO Bily Kruh Bezpeci reported 
that 719 offenders, including women, were removed from the home.
    In the first six months of the year, Interior Ministry statistics 
reported 356 cases of domestic violence, and police investigated 262 
cases. During the same period, 140 individuals were convicted of 
domestic violence, of whom 41 received prison sentences and 98 were 
given suspended sentences. Alcohol, drugs, work-related stress, and 
gambling played a major role in many domestic violence cases.
    Police continued to train personnel selected to handle domestic 
violence cases and to work with social service agencies. Several 
hotlines and crisis centers offered psychological counseling to victims 
of rape and domestic abuse. In the first six months of the year, for 
example, the Dona hotline received 1,939 calls related to domestic 
violence, compared with 4,035 in 2010.

    Sexual Harassment.--The law prohibits sexual harassment; but the 
government did not effectively enforce the law, and sexual harassment 
remained a problem. The law places the burden of proof on the 
defendant. Those convicted can be fined up to 70,000 korunas ($3,880), 
dismissed from work, or sentenced to prison. According to a 2009 study 
conducted by the Gender and Sociology Section of the Czech Academy of 
Sciences, 25 percent of female respondents had experienced sexual 
harassment at work.
    Offenders convicted of stalking can be sentenced to up to three 
years in prison. In the first half of the year, 339 cases of stalking 
were reported to police, who transferred 229 to prosecutors for further 
investigation. Courts convicted 93 individuals of stalking in the first 
half of the year, of whom 10 received prison sentences and 68 were 
given suspended sentences. In 2010 courts convicted 83 individuals, 
giving prison sentences to 13 and suspended sentences to 61. Six 
individuals received other forms of punishment, while three received no 
punishment at all.

    Sex Tourism.--Sex tourism remained a problem. Due in part to a 
crackdown by local governments, sex tourism in border areas and major 
urban areas decreased during the year.

    Reproductive Rights.--Couples and individuals generally had the 
right to decide freely and responsibly the number, spacing, and timing 
of their children and had the information and means to do so without 
discrimination, coercion, or violence. Access to contraception and 
skilled obstetrical care was widespread.

    Discrimination.--The law grants men and women equal rights, 
including in family and property law matters. According to data from 
the Czech Statistical Office for the second quarter of the year, 57 
percent of women were employed, constituting 43 percent of the 
workforce. Women's salaries for similar work lagged behind men's by 
just over 26 percent, and women were more likely to work in less well-
paid professions than men. The Council for Equal Opportunities for Men 
and Women monitored gender problems and advised the government on 
enforcing equal gender rights.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. Any child with at least one citizen parent is automatically a 
citizen. Births are registered immediately.

    Child Abuse.--Although illegal in many forms, child abuse remained 
a problem. A minor is defined as any child under the age of 18. 
According to an ongoing 15-year study conducted by sexologists at the 
medical school of Charles University in Prague, 10 percent of children 
in the country have experienced sexual abuse; 7 percent were sexually 
abused at least once, while 3 percent experienced such abuse 
repeatedly.
    Prison sentences for those found guilty of child abuse range up to 
12 years, or to 18 years in the case of the death of a child. The 
ministries of interior and justice implemented use of special 
interviewing rooms for child victims and witnesses. A child victim is 
not required to give additional testimony in any future court 
proceedings when specially trained police follow the special interview 
requirements (including the presence of psychologists and, in some 
cases, judges and defense attorneys).

    Child Marriage.--The minimum legal age for marriage is 18. Some 
members of the Romani community married before reaching the legal age.

    Sexual Exploitation of Children.--Sexual relations with a child 
younger than age 15 is punishable by a prison term up to eight years 
or, in the case of the death of the child, up to 18 years. The minimum 
age of consensual sex is 15. The law prohibits the possession, 
manufacturing, and distribution of child pornography, which is 
punishable by imprisonment for up to eight years. According to Ministry 
of Interior statistics, police investigated 30 cases of commercial 
sexual exploitation of children in the first six months of the year, 
compared with 46 cases in all of 2010. There were also reports that 
some children engaged in prostitution without apparent third-party 
involvement.
    In the first six months of the year, the Ministry of Justice 
reported that courts convicted 32 individuals and gave them suspended 
sentences for production or other handling of child pornography. Nine 
individuals were convicted for misuse of a child for pornography 
production (with one receiving a prison sentence and eight receiving 
suspended sentences).
    On October 4, police raided more than 30 homes as part of a 
nationwide operation against child pornography and took into custody 10 
suspects for the production and distribution of child pornography. More 
than 60 computers were confiscated as part of the raid. Charges were 
pending and police expected the number of suspects to rise.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--Although estimates varied, the country's Jewish 
population was believed to be approximately 10,000. Public expressions 
of anti-Semitism were rare, but small, fairly well-organized right-wing 
groups with anti-Semitic views were active around the country. The 
Ministry of Interior continued to counter such groups, monitoring their 
activities, increasing cooperation with police from neighboring 
countries, and shutting down unauthorized rallies. While the number of 
rallies and demonstrations by extreme-right groups increased during the 
year, few were anti-Semitic in tone.
    On August 14, unknown vandals spray-painted an anti-Semitic symbol 
on a memorial to the Jewish victims of the Holocaust in Ostrava. Police 
were investigating the case.
    In 2010 the Ministry of Interior recorded 28 criminal offenses with 
an anti-Semitic motive. During the same period, the Federation of 
Jewish Communities reported 16 anti-Semitic incidents, including damage 
to property, spray-painting of anti-Semitic remarks and Nazi symbols, 
threats, and intrusions.
    Throughout the summer and fall, leading government officials, local 
NGOs, and Jewish groups called for the resignation of Ladislav Batora, 
head of the Ministry of Education's personnel department. Batora has 
links to anti-Semitic, anti-Roma, racist, and far-right organizations.

    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, mental, and other disabilities in 
employment, education, access to health care, and the provision of 
other state services, and the government generally enforced these 
provisions. Nevertheless, persons with disabilities faced a shortage of 
public accommodations and were unemployed at disproportionately high 
rates.
    Of Prague's 57 metro stations, 30 were accessible to persons with 
disabilities, including only five of the 15 major stations in the city 
center. A majority of buses and new tramcars have low-floor entry doors 
to accommodate passengers with disabilities. The metro, bus, and tram 
systems provide stop announcements and equipment for visually impaired 
riders.
    The ombudsman is required to make regular visits to all 
governmental and private workplaces of persons with physical 
restrictions to examine conditions, ensure that fundamental rights are 
respected, and advocate for improved protection against mistreatment. 
His office made these visits throughout the year.
    The government continued its program to aid persons with 
disabilities, Mobility for All, and selected 16 additional projects for 
funding. Mobility for All aims to build barrier-free sidewalks, 
crossings, crossroads, and handicapped elevators in government 
institutions, purchase barrier-free buses, and provide barrier-free 
access to government institutions, schools, libraries, galleries, and 
museums.

    National/Racial/Ethnic Minorities.--Minority groups in the country 
included Roma, Ukrainians, Slovaks, Vietnamese, Poles, Russians, and 
Germans. Roma, who numbered approximately 200,000 experienced high 
levels of poverty, unemployment, and illiteracy and faced varying 
levels of discrimination in education, employment, and housing. 
Societal prejudice against the country's Romani population at times 
resulted in violence. Throughout the year extremists targeted Romani 
neighborhoods as venues for their protests and occasional violence. 
Police investigated several incidents of torches or Molotov cocktails 
being thrown at Romani houses. Extremist groups also marched through 
Romani areas carrying torches and chanting slogans. Some human rights 
organizations criticized the government's response to discrimination 
against Roma as inadequate.
    Members and sympathizers of neo-Nazi organizations were the most 
frequent perpetrators of acts of interethnic violence, particularly 
against Roma. Ultranationalists were also active. During the year neo-
Nazi and right-wing extremist groups held rallies or marches in several 
cities. In a report released on September 3, the Organized Crime Unit 
of the police estimated there were 500-600 active neo-Nazis in the 
country and approximately 5,000 persons who openly sympathized with the 
movement.
    The Workers' Party (DS), which was conspicuous for its hostility to 
Roma and other minorities, was banned in February 2010, but it was 
replaced by the Workers' Party for Social Justice (DSSS) soon 
afterward. DSSS and DS membership and leadership were virtually the 
same.
    The national media gave disproportionate coverage to crime and acts 
of violence committed by Roma compared with similar behavior on the 
part of the majority population or other minorities.
    Some mainstream politicians have been outspoken in their criticism 
of Romani communities. Their statements often vilified the Romani 
minority, blaming it for community problems and assigning collective 
guilt for crimes. Some politicians called for municipalities to move 
Romani residents to the outskirts of town into what is often 
substandard housing, ban alcohol in areas with high Romani populations, 
and limit residency options for Roma who commit multiple minor crimes.
    Beginning on August 26, a series of anti-Roma protests took place 
in the North Bohemian region in response to two incidents of Romani 
violence towards the ethnic Czech population. Each weekend for several 
weeks, local residents, joined by right-wing extremists, marched 
through the region, including the towns of Varnsdorf, Rumburk, and Novy 
Bor. On several occasions protesters turned violent, and police 
intervened to protect Romani residents. The marches differed from 
previous marches in that a majority of the protesters were local 
residents rather than neo-Nazis or other extremists.
    On March 18, an appeals court reduced the sentence of Ivo Mueller, 
one of four persons convicted of a 2009 Molotov cocktail attack on a 
Romani family that seriously injured a two-year-old girl. The original 
22-year sentence was reduced to 20 years. The court upheld the 
sentences of the other attackers, as well as monetary compensation to 
the family.
    Although a 2009 law prohibits employment discrimination based on 
ethnicity, Roma continued to face discrimination in employment, access 
to housing, and in schools. Some employers refused to hire Roma and 
requested that local labor offices not send them Romani applicants. 
There were few prosecutions under the law during the year. An estimated 
57 percent of Roma were unemployed. In areas with a high percentage of 
Romani residents, unemployment among Roma was close to 90 percent 
according to the Agency for Social Inclusion in Roma Localities.
    Authorities took few measures to counter discrimination against 
Roma in access to housing and other accommodations. While housing 
discrimination based on ethnicity is prohibited by law, NGOs stated 
that some municipalities applied municipal regulations in ways that 
discriminated against certain socially disadvantaged groups, primarily 
Roma, including basing housing decisions on the reputation of the 
applicant and family at previous residences. A newly adopted Strategy 
to Combat Social Exclusion, which contains provisions regarding access 
to housing, was designed to streamline the process.
    According to new estimates, there were more than 400 ``excluded'' 
localities, or ghettos, in the country, and all were inhabited almost 
entirely by Roma. These ghettos were often blighted by substandard 
housing and poor health conditions. Beyond housing discrimination, 
reasons for the growth in Romani-dominated ghettos included urban 
gentrification and unaffordable rents elsewhere.
    Restaurants, bars, and other public establishments at times refused 
to serve Roma.
    A decrease in social benefits during the year had a 
disproportionate impact on Romani families already hit by the high rate 
of unemployment and the difficulty of finding affordable housing.
    Romani children were often subject to discriminatory treatment. In 
a November statement, the international human rights NGO Amnesty 
International asserted that four years after an ECHR ruling that the 
practice was illegal, the authorities had ``failed to address the 
problem of systematic segregation of Romani children in the schools.'' 
Romani children were enrolled at disproportionately high rates in 
remedial schools, known as ``practical'' schools, which effectively 
segregated them into a substandard educational system. According to the 
Ministry of Education, approximately 27 percent of Romani children 
attended ``practical'' schools during 2010, compared with 2 percent of 
non-Romani children. In regular schools, Romani children were often 
segregated from the majority population due to their place of residence 
(often in a Romani-majority neighborhood) and because school officials 
in regular schools at times separated Romani children for remedial 
instruction. The decision to place a child in a practical school is 
made by a judge based on a social worker's recommendation.
    Although the law permits Romani curricula, no elementary school in 
the country used the curricula. The Romani language was taught as a 
foreign language at two secondary schools and several universities.
    During the first half of the year, more than 50 experts at the 
Education Ministry resigned from a working group that was supposed to 
design a plan for improving education for disadvantaged children. They 
asserted that the minister gave insufficient attention to the issue. 
The ministry announced plans to commission further studies on inclusive 
education, but NGOs maintained that several similar studies were 
already available. Civil society and political leaders criticized the 
minister for appointing to a senior position at the Ministry of 
Education an official who had previously been a candidate for 
parliament on an extremist party ticket. They interpreted the 
appointment as a sign of the government's lack of serious interest in 
solving the inclusive education issue.
    On September 23, the cabinet adopted the Strategy for Combating 
Social Exclusion with the aim of improving education, housing, 
security, regional development, employment, and family/social/health 
services for socially excluded or disadvantaged individuals, many of 
whom were members of ethnic and other minorities. The program is the 
responsibility of the Agency for Social Inclusion, established in 2008 
to coordinate social integration efforts. The agency oversaw continuing 
projects in 33 localities during the year.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The government did not keep 
statistics regarding incidents of violence directed at individuals 
based on their sexual orientation or gender identity. A report by a 
governmental working group on problems involving sexual minorities 
indicated that physical and verbal attacks occurred but were rarely 
reported.
    There were some reported instances of discrimination against 
persons based on sexual orientation or gender identity. For example, 
lesbian, gay, bisexual, and transgender (LGBT) couples may not adopt a 
child, nor may a gay man or lesbian in a partnership adopt his or her 
partner's biological child, although single LGBT individuals may adopt.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or 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 unions of their 
choice without authorization or excessive requirements. It permits them 
to conduct their activities without interference. Workers in most 
occupations have the legal right to strike if mediation efforts fail. 
The law provides for collective bargaining, which generally was carried 
out by unions and employers on the company level. The law prohibits 
antiunion discrimination.
    The scope for collective bargaining was more limited for civil 
servants, whose wages are regulated by law. By law only trade unions 
may legally represent workers, including nonmembers. When planning a 
strike, unions are required to inform employers in writing of the 
number of strikers and a list of the members of the strike committee or 
contact persons for negotiation. While regulations entitle union 
members to conduct some union activities during work hours, they do not 
specify how much time workers may use for this purpose, leaving room 
for diverse interpretations on the part of employers.
    Workers, including some foreign and migrant workers, generally 
exercised the right to organize and join free labor unions, to strike, 
and to bargain collectively. This right covers both citizens and 
foreign workers, but the latter generally did not join unions due to 
the often short-term nature of their work or the lack of social 
interaction with citizen employees. According to the Czech Moravian 
Federation of Trade Unions (CMKOS), the number of violations of labor 
law and trade union rules increased during the year. CMKOS attributed 
the increase to the economic recession. Responses to a questionnaire 
CMKOS submitted to its affiliates during the year elicited a number of 
instances of violations and discrimination, including administrative 
obstacles to the collective bargaining process, unauthorized unilateral 
wage changes, and threats of dismissal if they did not terminate their 
union activities. Employees, both union and nonunion, were often 
unwilling to file formal complaints or to testify against their 
employers due to fear of job loss, reduced wages, or worsening labor 
conditions. According to CMKOS, employees usually filed complaints only 
if their jobs were immediately threatened or after a job loss.
    CMKOS reported cases in which employers did not allow union members 
sufficient paid time off to fulfill their union responsibilities. 
Employees of the Prague State Opera reported bullying and threats of 
dismissal in response to their protests against a planned merger of the 
opera with the National Theater.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, but there were reports that men and women, 
including migrant workers, were subject to conditions of forced labor 
in the country.
    Since 2009 police investigations have identified more than 2,000 
persons who asserted that they had been exploited by labor agencies 
under contract to the state-owned forestry concern Lesy CR. According 
to several NGO and police sources, more victims in the Lesy CR forestry 
worker case came forward during the year. The workers signed contracts 
to plant trees but in some cases were not paid by employers, who 
claimed that the contracts were for ``training.'' Work conditions were 
harsh, and workers reported often going without food. Police 
coordinated investigations with officials in surrounding countries to 
track cases of exploited workers who had returned home after leaving 
their forestry jobs. Licenses of some of the smaller labor agencies in 
the country were suspended, but authorities filed no formal charges 
during the year.
    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 
minimum legal working age is 15. Employment conditions for children 
ages 15 to 18 were subject to strict standards of safety, permitted 
hours, and noninterference with education. Infringement of child labor 
rules is subject to fines of up to two million korunas ($103,000). The 
State Bureau for Labor Inspections (SBLI) effectively enforced these 
regulations. During the year the SBLI did not report any cases of child 
labor law violations.

    d. Acceptable Conditions of Work.--The Ministry of Labor and Social 
Affairs establishes and enforces minimum wage standards. During the 
year the national minimum wage was 8,000 korunas ($410) per month. By 
comparison, the ``Existence Minimum Cost,'' described as the minimum 
amount needed to satisfy the basic needs of a working-age adult for a 
month, was 2,200 korunas ($115). Enforcement of the minimum wage was 
one of the primary objectives of SBLI inspections.
    The law provides for a 40-hour workweek, two days of rest per week, 
and a break of at least 30 minutes during the standard eight-hour 
workday. Employees are entitled to 20 days of paid annual leave. 
Employers may require up to eight hours per week of overtime to meet 
increased demand, but not more than 150 hours of overtime in a calendar 
year. Additional overtime is subject to the consent of the employee. 
Premium pay for overtime, equal to at least 125 percent of the average 
earnings, is governed by the provisions of the labor code.
    During the year SBLI inspectors conducted 5,440 labor code 
enforcement checks. The SBLI imposed fines totaling 19.3 million 
korunas ($990,000) for substantial violations of the labor code 
involving contracts, wages, overtime pay, and rest periods. There are 
720 labor inspectors in the country.
    According to the International Organization for Migration, the 
standard conditions of work were not always observed in situations 
involving migrant workers. Relatively unskilled foreign workers from 
less developed countries were sometimes dependent upon temporary 
employment agencies to find and retain work. According to trade unions 
and NGOs, migrants sometimes worked under substandard conditions and 
were subject to inhumane treatment by these agencies. Most commonly, 
salaries were paid to the agencies, which then garnished wages, 
resulting in workers receiving subminimum wages, working overtime 
without proper compensation, or working without any compensation at 
all. Since migrant workers seldom filed formal complaints of such 
abuses, authorities had fewer opportunities to intervene.
    The SBLI undertook regular inspections and dealt with accusations 
of labor infringements. During the year, it conducted 95 checks of work 
agencies employing migrant workers. According to the SBLI, the 
inspections revealed inconsistencies in work agreements, denials of 
salary bonus payments or on-time salary payments, and inconsistencies 
involving working hours and overtime. Although the SBLI did not 
establish any cases of systematic discrimination based on citizenship, 
gender, age, or health status, labor law violations were most 
frequently reported in cases where labor and wages conditions for 
permanent staff differed from those of temporary workers hired by 
agencies.
    The labor code obliges an employer to provide safety and health 
protection in the workplace, maintain a safe and healthy work 
environment, and prevent health and safety risks. The SBLI effectively 
enforced health and safety standards. During the year, 8,805 checks 
focused on health and safety standards, primarily in construction and 
in the chemical, manufacturing, transport, and heavy machine 
industries. The inspections occurred both proactively and reactively 
during the year. Fines in excess of 14.6 million koruna ($749,000) were 
imposed in cases where infringement of the law was substantial. The 
number of registered injuries in the workplace increased by 2.7 percent 
from 2010, and fatal accidents increased by 8 percent during the same 
period. The vast majority of injuries and deaths occurred in the 
construction industry. Employees of small to medium-sized companies 
often avoid using protective gear, although the employer provides it. 
Injuries often occur due to underestimation of risks by the employee 
and a lack of consistent control or supervision by the employer.

                               __________

                                DENMARK

                           EXECUTIVE SUMMARY
    The Kingdom of Denmark is a constitutional monarchy with democratic 
parliamentary rule. Queen Margrethe II is head of state. A prime 
minister, usually the leader of the majority party or coalition, is 
head of government and presides over the cabinet, which is accountable 
to a unicameral parliament (Folketing). Elections on September 15, 
which observers deemed free and fair, gave a plurality to a left-of-
center coalition led by the Social Democratic Party. Security forces 
reported to civilian authorities.
    There were no widespread or systemic human rights abuses during the 
year.
    There were some continuing human rights problems. Authorities often 
held pretrial detainees together with convicted criminals, and there 
were instances in which they held youth offenders together with adults. 
Authorities prosecuted, and courts convicted, several individuals for 
violating laws restricting speech that was judged discriminatory based 
on race, religion, or other grounds. Nongovernmental organizations 
(NGOs) criticized the government for returning asylum seekers to Iraq. 
There continued to be occasional reports of societal religious and 
ethnic discrimination against minority groups, domestic violence 
against women, wage discrimination against women, and trafficking in 
persons.
    In cases where officials committed abuses, the government took 
steps to prosecute those responsible.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the government permitted 
monitoring visits by independent human rights observers.
    According to government statistics, during 2010 the average daily 
prison population was 4,091, approximately 99 percent of capacity. 
Approximately 4.4 percent of inmates were women and 0.3 percent 
juveniles. Authorities often held pretrial detainees together with 
convicted criminals, and there were instances in which authorities 
detained children together with adults.
    Prisoners had access to potable water. The parliamentary ombudsman 
functions as a prison ombudsman as required. Alternatives to 
incarceration are available to the courts for nonviolent offenders. 
There were no reports that conditions for women prisoners were worse 
than those for men.
    Prisoners generally had access to visitors. They were permitted 
religious observance. Prisoners were able to submit complaints without 
censorship, directly to the Prison and Probation Service or through the 
parliamentary ombudsman. Authorities investigated credible allegations 
of inhumane conditions, and their investigations were kept in a public 
register.
    The government permitted monitoring, in accordance with their 
standard modalities, by independent nongovernmental observers (e.g., 
human rights groups, the media, the International Committee of the Red 
Cross), as well as by international bodies such as the Council of 
Europe's Committee for the Prevention of Torture.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police, who are 
responsible in law and practice for enforcing the law and maintaining 
order under the supervision of the Ministry of Justice, The government 
has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest Procedures and Treatment While in Detention.--The law allows 
police to begin investigations and make arrests either on their own 
initiative based upon visual evidence, or based on a court order 
following an indictment filed by public prosecutors with the courts. 
Apprehended persons appear before an independent judiciary.
    When authorities take an individual into custody, the law generally 
mandates that he or she appear before a judge within 24 hours; however, 
a foreigner arrested in connection with immigration proceedings (i.e., 
for deportation) may be held up to 72 hours before appearing before a 
judge. The law requires police to make every effort to limit this time 
to less than 12 hours; however, statistics describing the average time 
between the apprehension of prisoners and their first appearance before 
a judge were not available. In most cases authorities may not hold 
detainees for more than 72 hours while the judge determines their 
status.
    Authorities generally respected the right of detainees to a prompt 
judicial determination and informed them promptly of charges against 
them. There is no bail system; instead, judges decide either to release 
detainees on their own recognizance or to keep them in jail until 
trial. Pretrial detention is authorized only if the alleged violation 
could result in a sentence longer than 18 months, if there is reason to 
believe the detainee is a flight risk or may intend to commit a new 
offense, or if the release would impede the investigation of the case. 
While the period of pretrial custody should not exceed four weeks, a 
court order may further extend custody in four-week increments. There 
were no known cases of suspects detained incommunicado or held under 
house arrest.
    A document circulated to police by the Danish Prison and Probation 
Service outlines detainees' rights to inform next of kin of their 
arrest, to contact a lawyer, and to obtain medical treatment. The 
circular specifies that arrested persons always have the right to 
unsupervised visits with an attorney from the time they are brought to 
a police station. The government provided counsel for those who could 
not afford legal representation. Police may deny other forms of 
visitation to those in custody, subject to a court appeal. In practice, 
however, police generally did not restrict visitor access.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice. Authorities generally respected court orders.

    Trial Procedures.--Defendants are presumed innocent until proven 
guilty. Trials are open. Criminal cases in which the maximum penalty is 
greater than four years' imprisonment must be heard by juries. The law 
gives defendants the right to timely consultation with an attorney, at 
public expense if needed. Defendants have the right to question 
witnesses against them and to present their own witnesses. Defendants 
and their attorneys have access to government evidence relevant to 
their cases. The right of appeal is automatic and encompasses both 
procedural matters and sentences imposed. The constitution and law 
provide for the right to a fair trial, and an independent judiciary 
generally enforced this right.

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

    Regional Human Rights Court Decisions.--The European Court for 
Human Rights (ECHR) issued one judgment against Denmark during the 
year, and authorities complied with it.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including access to the court 
system to bring lawsuits seeking damages for, or cessation of, a human 
rights violation. Administrative remedies are also available 
domestically, and individuals or organizations can appeal decisions to 
the ECHR.

    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 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.--The law prohibits any public speech or the 
dissemination of statements or other pronouncements that threaten, 
deride, or degrade a group because of their race, skin color, national 
or ethnic background, faith, or sexual orientation; offenders may be 
fined or imprisoned for up to two years. The law also prohibits 
``blasphemy'' and provides that a person who publicly mocks or insults 
a legally existing religious community's tenets of faith or worship may 
be fined or imprisoned for up to four months.
    On May 3, in a high-profile case, the Eastern High Court convicted 
press-freedom activist Lars Hedegaard and fined him 5,000 kroner ($870) 
for statements he made in 2009, including that Muslims ``rape their own 
children'' and that Islam is not a religion but ``first and foremost a 
political ideology in line with communism and Nazism.'' The conviction 
followed an acquittal earlier in the year by the Frederiksberg District 
Court. In 2010 police charged 24 individuals with racism for violating 
one or more of the prohibitions.

    Freedom of Press.--The law makes it an offense for a person, group, 
or association to promote the affairs of a terrorist organization. On 
August 15, the television station Roj-TV went on trial as a result of 
government allegations in 2010 that the station had links to the 
Kurdish terrorist organization PKK/Kongra-Gel.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
However, authorities continued to employ an Internet filter designed to 
block child pornography. There were no known cases in which the filter 
affected legitimate sites.

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

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

    c. Freedom of Religion.--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 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.

    Nonrefoulement.--In its May submission to the U.N. Human Rights 
Council in connection with the Denmark's Universal Periodic Review, the 
NGO Amnesty International stated that, since May 2009 at least 66 Iraqi 
asylum seekers had been forcibly returned to areas considered unsafe by 
the UNHCR, including central and southern Iraq. The government stated 
that its adherence to nonrefoulement was ``absolute'' and that no one 
had been returned to a country where their lives or freedom would be 
endangered.

    Temporary Protection.--The government provided temporary 
humanitarian protection to individuals who may not qualify as refugees 
and provided such protection to 67 persons in the first four months of 
the year and to 163 persons in 2010.

    Stateless Persons.--Citizenship is based primarily on the 
citizenship of one's parents. However, U.N. conventions to which the 
country is a signatory require the granting of citizenship to otherwise 
stateless persons born in the country and certain persons born in the 
country to noncitizens may acquire citizenship on that basis. This is 
not an automatic process; generally, individuals must apply for 
citizenship before their 21st birthday.
    According to UNHCR statistics, there were 3,216 stateless persons 
in the country at the end of 2010. Many of the stateless were born in 
Denmark to Palestinian permanent-resident parents who could not 
transmit citizenship in any state to their children. In February the 
Ministry of Refugee, Immigration, and Integration Affairs acknowledged 
that between 2004 and 2010, 460 stateless individuals were not notified 
of their eligibility for Danish citizenship. The ministry sent out 
letters informing the individuals that those who had not applied would 
be eligible to do so until March 31, 2011. Additionally, the ministry 
admitted that it had inappropriately rejected the citizenship 
applications of 36 persons of Palestinian origin; all 36 were 
subsequently granted Danish citizenship. Minister for Integration and 
Ecclesiastical Affairs Birthe Ronn Hornbech lost her job in the 
ministry acknowledged that it had inappropriately rejected the 
citizenship applications of 36 persons in March 2011 after it became 
clear that she knew about the problems as early as 2008.
    There were no reports of discrimination, arbitrary detention, 
restrictions on movement, or other human rights abuses against 
stateless persons.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.
    The territories of Greenland and the Faroe Islands have 
democratically elected home rule governments whose powers may encompass 
all matters except foreign and national security affairs, police 
services, and monetary matters. Greenlanders and Faroese have the same 
rights throughout the kingdom as other citizens. Each territory elects 
two representatives to the Danish parliament.

    Elections and Political Participation.--Recent Elections.--Free and 
fair parliamentary elections took place on September 15. They gave a 
plurality to a left-of-center coalition led by the Social Democratic 
Party.

    Participation of Women and Minorities.--Following the September 15 
elections, there were 70 women in the 179-seat parliament, and nine in 
the 23-seat cabinet. Following municipal and regional elections in 
November 2009, 32 percent of the members of municipal councils and 35 
percent of the members of regional councils were women.
    Four citizens of other than Danish, Greenlandic, or Faroese origin 
were elected to the parliament in the 2011 elections. There was one 
member of an ethnic minority in the 23-seat cabinet. In the November 
2009 municipal elections, 65 persons of non-Danish ethnic origin were 
elected to municipal councils.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for corruption by officials, 
and the government generally implemented the law effectively. There 
were no reports of government corruption during the year.
    Public officials are not subject to financial disclosure laws, but 
government officials may not work on specific cases in which they, or 
someone they represent or have close relations with, have a personal or 
economic interest. Officials must inform their superiors of any 
possible conflicts of interest that might disqualify them. The Ministry 
of Justice and the State Employer's Authority in the Ministry of 
Finance are responsible for combating government corruption.
    The law provides for public access to government information, and 
the government granted access to citizens and noncitizens, including 
foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
often were cooperative and responsive to their views.
    Government and Human Rights Bodies: A parliamentary ombudsman 
investigated complaints regarding national and local public authorities 
and any decisions they made regarding the treatment of citizens and 
their cases. The ombudsman could independently inspect, at his 
initiative, any facility within his authority, such as prisons, 
detention centers, and psychiatric hospitals. There was also a European 
ombudsman, who ensured compliance with EU basic rights, and a consumers 
ombudsman, who investigated complaints related to discriminatory 
marketing. These ombudsmen enjoyed the government's cooperation, 
operated without government or political interference, had adequate 
resources, and were considered effective.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, and the government 
generally enforced the law effectively. However, there were instances 
of violence against women, child abuse, and trafficking in persons.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, as well as domestic violence, female genital 
mutilation, and sexual harassment. Penalties include imprisonment for 
up to 12 years, depending on the seriousness of the offense. The 
government effectively prosecuted persons accused of such crimes. In 
2010, authorities received 429 reports of rape. In the same period, 
they filed 291 cases and obtained 50 convictions and 17 acquittals.
    Violence against women, including spousal abuse, remained a 
problem. The government and NGOs operated 24-hour hotlines, counseling 
centers, and shelters for female victims of violence. Requests for 
shelter declined by 5 percent during the year, and the number of 
available shelters increased by 3 percent.

    Other Harmful Traditional Practices.--The government assisted NGOs 
working with immigrant groups to discourage traditional practices 
considered harmful to or discriminatory toward women.

    Sexual Harassment.--The law prohibits sexual harassment and 
provides for monetary compensation for victims, paid by the perpetrator 
and/or the employer who allowed or failed to prevent the incident. The 
government effectively enforced the law. Few cases were reported during 
the year.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children and to have the information and 
means to do so free from discrimination, coercion, and violence. Health 
clinics and local health NGOs operated freely in disseminating 
information on family planning under the guidance of the Ministry of 
Public Health. There were no restrictions on access to contraceptives, 
and the government provided free childbirth services. Women have 
unfettered access to maternal health services, including skilled 
attendance during childbirth. Women used nurses and midwives for 
prenatal and postnatal care unless the mother or child suffered more 
serious health complications. Men and women had equal access to 
diagnosis and treatment for sexually transmitted infections.

    Discrimination.--Women have the same legal status as men, including 
under family law, property law, and in the judicial system. The law 
requires equal pay for equal work. The Ministry for Employment, 
however, found that men earned 17 to 21 percent more than women, partly 
due to a gender-fragmented labor market in which traditional female 
employment pays less than traditional male employment and where there 
are more men than women in executive positions. Even when adjusting for 
these factors, men earned approximately 4 percent more than women for 
the same work. The difference was higher in the public sector. Women 
held positions of authority throughout society; however, they were 
notably underrepresented in senior business positions and as university 
professors.

    Children.--Birth Registration.--A child acquires citizenship 
primarily by virtue of having Danish-citizen parents. The law requires 
that all persons practicing medicine in the country promptly register 
the births of the children they deliver.

    Child Abuse.--Police received 200 reports of sexual abuse of 
children in 2010, compared with 131 in 2009. In 2010, there were 186 
indictments, 51 convictions, and eight acquittals. The national police 
and the public prosecutors actively investigated cases of child abuse.

    Sexual Exploitation of Children.--The minimum age of consensual 
sexual activity is 15. The penalty for the commercial sexual 
exploitation of children is up to four years' imprisonment. The law 
prohibits child pornography, with penalties of up to two years. The 
country was a destination and transit country for trafficked children.

    International Child Abduction.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The Jewish organization Mosaisk Troessamfund 
estimated the Jewish population at 8,000.
    There were isolated anti-Semitic incidents. According to victims' 
reports, the perpetrators were mainly immigrants, many of them from 
Arab and other Muslim countries. Most incidents involved vandalism, 
such as graffiti, and nonviolent verbal assaults. In November 2010 the 
Security and Intelligence Service released its annual report on hate 
crimes, covering incidents in 2009. According to the report, 
authorities investigated 21 religiously motivated crimes in 2009, 
including the vandalizing of a sculpture outside a synagogue and other 
incidents of graffiti, harassment, vandalism, threats, assault, and 
propaganda (see section 6, National/Racial/Ethnic Minorities). There 
was no indication of how many of the incidents were examples of anti-
Semitism versus those directed at other religious groups.

    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 other state services, and other 
areas, and the government effectively enforced these provisions in 
practice. The law mandates access to buildings, education, information, 
and communications for persons with disabilities, and the government 
generally enforced these provisions in practice.
    The parliamentary ombudsman monitored the equal treatment of 
persons with disabilities. Each year the ombudsman receives a 
significant number of complaints related to discrimination against 
persons with disabilities.

    National/Racial/Ethnic Minorities.--The Security and Intelligence 
Service reported 306 recorded hate crimes for 2009. According to the 
report, 74 of these were racially motivated, 64 were politically 
motivated, 21 were religiously motivated, and 17 were motivated by 
sexual orientation. Police assessed the remaining offenses also to be 
``motivated by extremism'' (hate crimes) but with some doubt as to the 
specific motivation. The report included cases of such hostile actions 
as graffiti, vandalism, theft, and racist Internet and written 
messages, with 30 instances of violence and one of attempted murder. 
The government effectively investigated such crimes and prosecuted the 
perpetrators.
    In April the Ministry of Refugees, Immigration, and Integration 
Affairs reversed its decision in the cases of 14 of 37 Roma it ordered 
expelled to Romania in 2010. The reversals apparently resulted from an 
appeal by the European Roma Rights Center and came a few weeks after 
the Supreme Court ruled that two of the deportations were based on 
insufficient grounds for removal of EU residents.

    Indigenous People.--The law protects the rights of the indigenous 
Inuit inhabitants of Greenland, whose legal system seeks to accommodate 
their customs, provides for the use of laypersons as judges, and 
sentences most prisoners to holding centers (rather than prisons), 
where they are encouraged to work, hunt, or fish during the day. Their 
civil, political, and economic rights are protected effectively 
throughout the kingdom, including the right to nondiscriminatory 
treatment in employment, education, housing, and other services.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There were no reports of 
official or societal discrimination. According to a report on 
homophobia published in 2009 by the Danish Institute for Human Rights, 
surveys showed that societal approval of homosexuality increased 
significantly in the preceding three decades. According to data 
reported by the Security and Intelligence Service, 19 of the 334 hate 
crimes recorded in the country in 2010 were ``sexually oriented.''

    Other Societal Violence or Discrimination.--There were no reports 
of societal 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.--
The law states that all workers may form or join independent unions of 
their choosing without previous authorization or excessive 
requirements. The law protects the right to collective bargaining. It 
allows unions to conduct their activities without interference and 
prohibits antiunion discrimination. Workers fired for union activities 
can take the employer to court and receive reinstatement or a cash 
settlement on a case-by-case basis.
    These laws were enforced effectively and enforcement was not 
seriously hampered by lengthy delays and appeals. Freedom of 
association and the right to collective bargaining were respected in 
practice. Worker organizations were independent of the government and 
political parties. Annual collective bargaining agreements covered 
members of the workforce associated with unions and indirectly affected 
the wages and working conditions of nonunion employees. Authorities and 
employers respected the right to conduct union activities without 
interference.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, including by children, and the 
government effectively enforced this prohibition. The government 
released a new National Action Plan on Trafficking in Persons in June, 
covering the period from 2011 through 2014. It focuses on women 
trafficked for sexual exploitation but also provides for continued 
investigation of possible trafficking for forced labor in other 
sectors.
    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 exploitation of children in the workplace, and the 
government effectively enforced this prohibition in practice. There 
were no reported instances of unlawful child labor.
    The minimum legal age for full-time employment is 15 years. The law 
sets a minimum age for part-time employment of 13 years and limits 
school-age children to less strenuous tasks. The law limits work hours 
and sets occupational health and safety restrictions for children, and 
the government effectively enforced these laws in practice.

    d. Acceptable Conditions of Work.--The law does not mandate a 
national minimum wage; unions and employer associations negotiate 
minimum wages. The average minimum wage for all private and public 
sector collective bargaining agreements was 109 kroner (approximately 
$19) per hour, exclusive of pension benefits. Migrant workers are 
entitled to the same minimum wages and working conditions, and must 
adhere to the same employment regulations, as Danes.
    Workers generally worked a 37.5-hour week, established by contract 
rather than by law. Workers received premium pay for overtime, and 
there was no compulsory overtime. Working hours were determined by 
collective bargaining agreements that adhered to the EU directive that 
an average workweek not exceed 48 hours. These agreements also 
guarantee workers at least five weeks' paid vacation per year.
    The law prescribes conditions of work, including safety and health 
standards; authorities ensured compliance with labor legislation in 
practice. The same laws protect legal migrants and foreign workers.
    The Danish Working Environment Authority (DWEA) effectively 
enforced labor health and safety in all sectors. The DWEA inspected 
27,933 workplaces and issued 14,343 improvement notices in the first 
seven months of the year, compared to 42,984 such inspections and 
42,984 notices in all of 2010. The DWEA has the authority to report 
violations to police or the courts if the employer fails to make 
required improvements by the deadline. Workers may remove themselves 
from hazardous situations without jeopardizing their employment, and 
authorities effectively enforced this right in practice. Greenland and 
the Faroe Islands have similar work conditions, except that there the 
standard workweek was established by collective bargaining at 40 hours. 
The DWEA recorded 40,123 workplace accidents from January 1 to November 
14, of which 37 were fatalities.

                               __________

                                ESTONIA

                           EXECUTIVE SUMMARY
    Estonia is a multiparty, constitutional democracy with a unicameral 
parliament, a prime minister as head of government, and a president as 
head of state. The prime minister and cabinet generally represent the 
party or coalition of parties that have a majority of seats in 
parliament. Parliamentary elections held on March 6 were generally free 
and fair. Security forces reported to civilian authorities.
    While there were no reports of widespread human rights abuses, 
there continued to be reports of trafficking, primarily of women for 
sexual exploitation and men and women for forced labor elsewhere in the 
EU. Conditions in some detention centers remained poor, and lengthy 
pretrial detention continued to be a problem. The country made only 
slow progress during the year in naturalizing its large population of 
stateless persons.
    There were human rights problems in other areas. There were 
allegations that police used excessive force during the arrest of 
suspects. Societal problems included domestic violence and 
discrimination against women in the workplace.
    The government took steps to punish officials who committed abuses, 
and there were no reports 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.

    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 reports 
that police used excessive physical force and verbal abuse during the 
arrest and questioning of some suspects. In 2010 authorities filed 20 
criminal cases for excessive use of force against police officers, 
three against prison guards, and two against tax and customs officers. 
In 2010, three individuals were found guilty in county courts of 
excessive use of force.

    Prison and Detention Center Conditions.--In the course of 
inspection visits to a number of institutions, the legal chancellor 
(the country's ombudsman) found a number of deficiencies in prison and 
detention center conditions, particularly in detention centers where 
detainees are kept for short periods. He observed deficiencies in the 
availability of medical care in several institutions. In one prison 
facility, he noted that the addition of a unit for elderly male 
prisoners resulted in insufficient hygienic facilities for female 
detainees. The continuing use of Soviet-era prisons for a large 
minority of prisoners remained a problem, although the government was 
in the process of phasing out these facilities. In these institutions 
recreational facilities were deficient, especially during winter 
months, and hygienic facilities were few and in poor condition.
    On April 19, the Council of Europe's Committee for the Prevention 
of Torture (CPT) released a report on its 2007 visit to the country. 
The report found that material conditions of detention in the 
facilities it visited, particularly the Kohtla-Jarve prison (since 
closed) and institutions in Rakvere, Tallinn, and, to a lesser extent, 
Narva, were ``appalling.'' Inmates were being held in filthy and 
overcrowded cells that had little or no access to natural light, only 
dim artificial light, and poor ventilation. The CPT noted that the 
situation at the Kohtla-Jarve, Narva, Rakvere, and Tallinn detention 
facilities was further exacerbated by an impoverished regime under 
which inmates were confined to their cells 24 hours a day without being 
offered any out-of-cell activities for weeks or months on end.
    At the end of 2010, the country's prisons held 3,393 persons, 
including 2,649 convicted prisoners and 744 pretrial detainees. Women 
made up 6 percent of prisoners. There were 23 convicted prisoners and 
20 pretrial detainees under the age of 18. As of the beginning of 2010, 
the number of inmates was slightly smaller than the official capacity 
of the system overall, but at least one institution was slightly 
overcrowded at the beginning of the year. The government made efforts 
to reduce the number of prisoners. In response to the CPT's report, the 
authorities stated they had significantly increased the rate of 
conditional release of certain prisoners.
    On December 14, the Supreme Court acquitted the former acting 
director of the Murru Prison of all charges in a 2006 case involving 
the death of two inmates at the hands of other prisoners. On May 5, a 
district court had found him guilty of the nondisclosure of a criminal 
offense. In October 2010, a court had convicted the former warden as an 
accessory to murder in the same case and sentenced him to three years 
in prison.
    Prisoners and detainees had access to potable water. There were no 
reports that prisons' recordkeeping was inadequate in 2010. The 
individual institutions do not have ombudsmen, but authorities 
permitted prisoners and detainees to submit complaints to judicial 
authorities without censorship and to request investigation of credible 
allegations of inhumane conditions. Authorities investigated all 
complaints and documented the results of their investigations in a 
publicly accessible manner. Prisoners and detainees had reasonable 
access to visitors and were permitted religious observance.
    The government generally permitted monitoring in accordance with 
its standard modalities by independent nongovernmental observers, 
including human rights groups, the media, and relevant international 
bodies. Monitoring occurred during the year.
    The government continued to improve conditions in prisons and 
detention centers. Several new facilities have been opened since the 
2007 CPT report, and many of the facilities deemed inadequate have been 
closed, including the detention center in Kohtla-Jarve and the Viljandi 
Juvenile Prison. The Viru Prison and the Johvi detention center, both 
opened in 2008, significantly eased the overcrowding of detention 
centers. Since the receipt of the CPT's findings in 2007, the 
government has gradually improved the lighting, food preparation, and 
hygienic facilities in detention centers. Detained persons have access 
to daily newspapers and the right to use telephones at their own 
expense. In facilities where the technological resources exist, they 
may use the government's electronic legal database and register of 
court rulings.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police, the border guard 
board, the security police board, and the tax and customs board. The 
government has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest Procedures and Treatment While in Detention.--By law 
authorities must in most cases possess warrants issued by a court to 
make arrests. They must inform detainees promptly of the grounds for 
their arrest. There is a functioning bail system. Authorities may hold 
individuals for 48 hours without charge; further detention requires a 
court order. Police rarely violated these requirements. Detainees are 
entitled to immediate access to legal counsel, and the government pays 
for legal counsel for indigent persons.

    Pretrial Detention.--Lengthy pretrial detention was a problem. By 
law authorities may hold a person in pretrial detention for six months. 
In a particularly complex criminal case, the judge responsible for the 
preliminary investigation may extend the length of detention at the 
request of a chief public prosecutor. Approximately 23 percent of the 
incarcerated population was in pretrial detention; the average length 
of pretrial detention was seven months. The legal chancellor reported 
cases of insufficient access to legal documentation in prisons and 
detention centers and an inadequate number of telephones to contact 
family members.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--Defendants enjoy a presumption of innocence. 
Trials are public. Juries are not used. Cases may be heard by a single 
judge, a judge together with public assessors, or a committee of 
judges. Defendants have the right to be present and to consult with an 
attorney in a timely manner. In criminal proceedings an attorney is 
available to all defendants at public expense, although individuals 
often preferred to hire their own attorneys. In civil proceedings an 
attorney is provided for indigents. Defendants may confront or question 
witnesses against them and present witnesses and evidence on their own 
behalf. Defendants and their attorneys have access to government-held 
evidence relevant to their cases. The law extends these rights to all 
residents, whether or not they are citizens. Defendants have the right 
of appeal.
    The constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.

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

    Regional Human Rights Court Decisions.--The European Court of Human 
Rights (ECHR) delivered three judgments regarding Estonia during the 
year and found one instance in each of them in which the country had 
violated its obligations under the European Convention on Human Rights.

    Civil Judicial Procedures and Remedies.--Individuals or 
organizations may seek civil remedies for human rights violations, and 
could appeal adverse judgments to the ECHR. The government complied 
with domestic and regional court decisions pertaining to human 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, and the government generally respected these rights in practice. 
An independent press, an effective judiciary, and a functioning 
democratic political system combined to ensure freedom of speech and 
the press.

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

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for this right, and the government 
generally respected it in practice.

    Freedom of Association.--The constitution provides for this right 
for citizens, and the government generally respected it in practice. 
The law specifies that only citizens may join political parties, but 
noncitizens are free to join other civil groups.

    c. Freedom of Religion.--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 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, and the government has 
established a system for providing protection to refugees. In its 2010 
annual report, the nongovernmental organization (NGO) Estonian Human 
Rights Center (EHRC) suggested that asylum seekers were poorly informed 
about their rights including the right to file for a stay of 
deportation while the initial rejections of their applications were 
being appealed. Government authorities indicated that all asylum 
seekers were provided access to legal aid at every stage of the asylum 
procedure.

    Safe Country of Origin/Transit.--The government has a policy of 
denying asylum applicants from a ``safe'' country of origin or transit. 
The UNHCR has expressed concern about the government's policy of 
refusing entry and immediately sending away persons who have transited 
such a country, particularly about their right to appeal their denial 
from outside of the country.

    Temporary Protection.--The government provided temporary protection 
to individuals who may not qualify as refugees and provided it to six 
individuals during the first 11 months of the year.

    Stateless Persons.--Citizenship derives primarily from one's 
parents; it is conferred automatically if either parent is Estonian. 
Children born in the country after 1992, who are younger than 15, and 
whose parents are stateless residents who have lived in the country for 
five years, are eligible to acquire citizenship by naturalization at 
their parents' request.
    As of August 1, according to government statistics, 98,915 persons, 
or 7 percent of the population, were of undetermined citizenship--de 
facto stateless. The UNHCR had reported that in January the number of 
stateless persons was 100,983. Nearly all were ethnic Russians, 
Ukrainians, Belarusians, or others who became stateless upon the demise 
of the Soviet Union. In 2010, according to the NGO Estonian Cooperation 
Assembly, 24 percent of the country's ethnic minorities were of 
undetermined citizenship, or stateless, 50 percent were citizens of 
Estonia, 23 percent were Russian citizens, and 3 percent declared 
themselves citizens of another state.
    Nearly all stateless persons were long-term residents; they could 
vote in local, but not parliamentary, elections. There are statutory 
procedures that offer opportunities for obtaining citizenship, but some 
human rights observers regarded them as inadequate. In the case of 
newborn children, the legal chancellor recommended reversing the law in 
order to grant automatic citizenship to the children of legal residents 
but permit children to be stateless at the request of their parents. 
Individuals of undetermined citizenship were eligible to apply for 
naturalization, but must pass language and civics tests. In 2010, 54 
percent of those taking the test at the level required to acquire 
citizenship passed. Authorities have adopted policies, such as funding 
civics and language courses and simplifying the naturalization process 
for persons with disabilities, to facilitate acquisition of citizenship 
by those stateless persons who wish it. Although many residents 
preferred Russian citizenship or statelessness to Estonian citizenship, 
some human rights observers continued to criticize the government's 
integration policies as too one sided. In its annual report for 2010, 
the EHRC noted that the continuing fall in the rate of naturalization 
was unlikely to be reversed unless the citizenship law was liberalized.
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.--On March 
6, the country held parliamentary elections that were considered free 
and fair and led to the formation of a two-party coalition government, 
which took office on April 6.

    Political Parties.--Political parties could operate without 
restriction or outside interference. Only citizens may be members of 
political parties.

    Participation of Women and Minorities.--There were 20 women in the 
101-seat parliament. The speaker and deputy speaker of the parliament 
were women. There was one female minister in the 13-member cabinet. The 
24 percent of the country's non-Estonian population that were stateless 
could not participate in the election process at the national level. 
Noncitizens who are long-term residents may vote in local elections, 
but cannot vote in national elections or hold office. Citizens of the 
European Union who have established permanent residency may also vote 
in local elections, and those who are entered into the country's 
population register may vote in elections for Estonian representatives 
to the European Parliament. Ten members of ethnic minorities served in 
the 101-seat parliament.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for corruption by officials, 
and the government generally implemented these laws effectively as 
demonstrated in the World Bank's broad-based corruption indicators. The 
government has effective mechanisms to investigate and punish abuse and 
corruption. There were several reports of government corruption during 
the year. One example was that of Kaimo Jarvik, the Tallinn Municipal 
Police Chief, who was convicted by the Harju County Court in April of 
accepting bribes from Bailiff Priit Lantin totalling 9,500 euros 
($12,350) from January 2010 to January 2011 in return for being awarded 
a contract to collect delinquent fees. Lantin was fined 45,000 euros 
($58,000) and Jarvik, as the result of a plea bargain, served two 
months of an 18-month sentence and was placed on three years' 
probation. Both men were also barred from holding public office for 
three years.
    In 2010 authorities filed charges against individuals in 20 
corruption cases related to ministries and county governments and 36 
related to local municipal governments. Of the latter, 14 involved 
officials of local government, 10 involved heads of local governments, 
five involved members of local councils, and the rest involved private 
firms or individuals. Six corruption cases resulted in charges in Narva 
and five each in Tallinn and Rakvere.
    Public officials are subject to financial disclosure laws. The 
Justice Ministry is responsible for coordinating anticorruption 
activities.
    The law provides for public access to government information and 
allows for monitoring of the public sector's performance, and the 
government provided such access in practice to citizens and 
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were usually cooperative and responsive to their views.

    Government Human Rights Bodies.--The legal chancellor, an 
independent official with a staff of over 40 persons, performs the role 
of human rights ombudsman. The legal chancellor reviews legislation for 
compliance with the constitution; oversees authorities' observance of 
fundamental rights and freedoms and the principles of good governance; 
and helps resolve accusations of discrimination based on gender, race, 
nationality (ethnic origin), color, language, religion, social status, 
age, disability, and sexual orientation. The legal chancellor also 
makes recommendations to ministries and local governments, requests 
responses, and has the authority to appeal to the Supreme Court. The 
legal chancellor compiles an annual report for parliament. Public trust 
in the office was high, and the government was responsive to the 
reports and decisions issued by the office.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, or social status, and the government generally 
enforced the prohibitions. Nevertheless, violence against women and 
child abuse were problems.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape; and physical abuse, including domestic 
violence.
    The penalty for rape, including spousal rape, is up to 15 years' 
imprisonment. In 2010 police reported 81 rapes, representing 29 percent 
of all sexual crimes. Authorities prosecuted rape cases.
    Violence against women, including domestic violence, was a problem. 
Physical abuse (the law does not differentiate by gender) is punishable 
by a fine or imprisonment of up to three years, up to five in instances 
of longstanding and unremitting violence. Police statistics for 2010 
recorded 4,320 cases of physical abuse, including domestic violence and 
the physical abuse of minors. There were 61 cases of longstanding and 
unremitting violence. Domestic violence accounted for 28 percent of all 
physical abuse cases. Physical abuse formed 61.9 percent of all violent 
crimes in the country. Also in 2010, courts convicted 1,057 individuals 
of physical abuse and 40 of longstanding and unremitting violence. 
Victims of domestic violence may obtain help, including counseling and 
legal assistance, from social workers employed by local governments and 
from specialized NGOs.

    Sexual Harassment.--The law prohibits sexual harassment, but some 
incidents of sexual harassment in the workplace occurred. According to 
the law, disputes over sexual harassment may be resolved in court, by 
an administrative hearing before the legal chancellor, or by the gender 
equality and equal treatment commissioner. An injured party may demand 
termination of the harmful activity and compensation for damages. In 
2010 the gender equality and equal treatment commissioner received 
three complaints regarding sexual harassment, all from women. In 2009, 
4.4 percent of women participating in a government survey stated they 
had experienced sexual harassment.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children and to have the information and 
means to do so. Health clinics and local health NGOs operated freely in 
disseminating information on family planning. There are no restrictions 
on access to contraceptives. The incidence of maternal mortality was 
low. Access to maternal health services, including skilled attendance 
during childbirth, prenatal care, essential obstetric care, and 
postpartum care was available free of charge. Women received equal 
access to diagnosis and treatment for sexually transmitted infections.

    Discrimination.--During the first six months of the year, the 
gender equality and equal treatment commissioner received 164 
complaints and determined that six of them involved gender 
discrimination. In one such case, an employer refused to accept a woman 
for a position because she had a small child. Although women have the 
same rights as men under the law and are entitled to equal pay for 
equal work, these rights were not always observed in practice. While 
the average educational level of women was higher than that of men, 
women's average pay continued to be generally lower, and there 
continued to be female- and male-dominated professions. According to 
the World Economic Forum's 2010 Global Gender Gap Report, Estonian 
women earned 65 percent of men's wages for the same work.
    A gender equality and equal treatment commissioner, an independent 
expert, monitored compliance with the law requiring equal treatment. 
The Gender Equality Department of the Ministry of Social Affairs is 
responsible for coordinating the government's efforts to eliminate 
gender inequality, drafting legislation to this end and promoting 
gender equality.

    Children.--Birth Registration.--Citizenship derives from one's 
parents. Either citizen parent may pass citizenship to a child 
regardless of the other parent's citizenship status. Children born to 
members of the country's large population of stateless persons were 
automatically stateless unless a long-term resident-parent applied to 
obtain citizenship for the child before the child reached the age of 
15. Births were registered in a timely manner.

    Child Abuse.--Child abuse continued to be a problem. In 2010, of 
the 61 cases in which individuals were convicted of sexual assault, 43 
involved victims who were minors. The police and the Border Guard Board 
worked to combat child abuse, including sexual abuse. In 2010 police 
registered 27 cases of forcible rape of minors and 204 cases of sexual 
abuse of persons younger than 18, including 53 cases involving victims 
younger than 14.
    On March 19, the legal chancellor assumed the responsibilities of 
children's ombudsman.

    Sexual Exploitation of Children.--The minimum age for consensual 
sex is 14. The law prohibits child pornography, and punishment ranges 
from a fine to three years in prison. In 2010 authorities registered 76 
cases of child pornography, which represented 41 percent of all sexual 
offences against minors.

    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 community was estimated at approximately 
2,500 persons.
    On July 30, a ceremony was held in Sinimae to honor veterans of the 
20th Estonian Waffen SS Grenadier Division from World War II. The 
annual event has been a source of continuing controversy due to the 
connection between non-Baltic Waffen SS units and Nazi war crimes. 
There were no reports of anti-Semitic statements or actions associated 
with the event. No national government officials participated in the 
ceremony, but military chaplains laid wreaths at monuments for the 
soldiers from both sides who died in the nearby battles. There were 
reports of concern about the increasing number of young people 
attending this event.
    On July 8, a ceremony was held in a German military cemetery in 
Viljandi to mark the 70th anniversary of the June 1941 invasion by 
Germany, considered by the organizers as ``liberation'' from Soviet 
rule. Fewer than 20 people attended the ceremony, which involved no 
local or national government officials. One of the primary organizers 
had a long history of personal and professional disputes and had 
previously been ejected from the Estonian Defense League, a National 
Guard equivalent, and forced to resign from a major political party 
because of pro-Nazi sympathies.
    During the summer the Estonian History Museum mounted a temporary 
exhibit on notable former residents of Tallinn. Nazi politician and 
ideologue Alfred Rosenberg was included in the exhibit. The local 
Jewish community and a senior member of parliament complained about the 
exhibit, stating that it lacked information about Rosenberg's role in 
the Holocaust. Further, the information on Rosenberg was placed among 
several laudatory exhibits, which provided a misleading context. A 
local high school where Rosenberg studied also included him in a 
display of notable alumni. Following these complaints, the Ministry of 
Culture ordered the museum to remove the part of the exhibit related to 
Rosenberg.
    The government took a number of steps to associate itself with 
commemoration of the Holocaust and to encourage best practices in 
teaching about it in schools.

    Trafficking in Persons.--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 government generally enforced these provisions. The law 
does not mandate access to buildings for persons with disabilities; few 
older buildings were accessible, although new or renovated buildings 
generally were. The Ministry of Social Affairs is responsible for 
protecting the rights of persons with disabilities, and local 
governments are responsible for the provision of social welfare 
services to persons with disabilities. The government focused on 
developing rehabilitation services to improve the ability of persons 
with disabilities to cope independently and increase their social 
inclusion. The state compensates persons with disabilities requiring 
prosthetics and orthopedic or other technical aids for 50 to 90 percent 
of the cost of such devices.

    National/Racial/Ethnic Minorities.--While there is no specific law 
prohibiting hate crimes, the law prohibits incitement to hatred, 
violence, or discrimination on a variety of grounds, including 
nationality, race, skin color, language, and social origin.
    In August 2010 the U.N. Committee on the Elimination of Racial 
Discrimination criticized the country for not prohibiting racist 
organizations or making incitement of hatred on racial grounds a 
punishable offense (the law only limits the prosecution of hate speech 
leading to acts that result in serious consequences).
    In May a Cameroonian Ph.D. candidate at the University of Tartu 
claimed he had to leave the country without completing his studies 
after he was attacked a second time because of his race. Police stated 
that their ability to pursue this case was hindered because the 
candidate did not report the attack in a timely manner.
    The government provides for the protection of the cultures of 
certain minority groups, such as Ingrian Finns and Coastal Swedes, 
based on the cultural autonomy law. The government also funds programs, 
including cultural associations and societies, which focus on the 
languages and cultures of a number of other minority groups, including 
Russians, Ukrainians, and Belarusians. In districts where more than 
half of the population speaks a language other than Estonian, the law 
entitles inhabitants to receive official information in that language, 
and the law was respected in practice.
    Knowledge of Estonian is required to obtain citizenship, and all 
public servants and public sector employees, service personnel, medical 
professionals, and other workers who have contact with the public must 
possess a minimum competence in the language. A Language Inspectorate 
enforces language skills among these sectors through referrals to 
language classes and small fines. The government encouraged social 
integration of the 29 percent of the population that were ethnic 
minorities through a policy that promotes naturalization and learning 
Estonian.
    Largely for historical reasons, Russian speakers worked 
disproportionately in blue-collar industries and continued to 
experience higher unemployment than ethnic Estonians.
    Some noncitizen residents, particularly ethnic Russians, alleged 
that the language requirement resulted in job and salary 
discrimination. Many Russian speakers believed they would face job 
discrimination even if they possessed adequate Estonian. Some employers 
reported a preference for employees fluent in both Russian and 
Estonian, regardless of ethnicity.
    More than 100 schools, 58 of them high schools, employed the 
Russian language for their instruction. The government continued to 
implement its plan to provide 60 percent of all instruction in 
``Russian-speaking'' high schools in the Estonian language by the 2011-
12 school year. Many have implemented this transition more rapidly than 
required. Some in the Russian-speaking community challenged the 
government's plans for Estonian-language education, and throughout the 
year negotiations between civil society groups, students and their 
parents, and the government continued.
    During a June visit the High Commissioner for National Minorities 
of the Organization for Security and Cooperation in Europe expressed 
concern that the transition to partial Estonian-language instruction 
could affect the quality of education. He also criticized the use of 
fines and inspections to encourage the use of the Estonian language by 
certain categories of employees, to include teachers and government 
officials. Government officials rejected these concerns.
    Roma, who numbered fewer than 1,000, reportedly faced 
discrimination in employment and other areas. The government took steps 
to emphasize the importance of education for Romani children, but their 
dropout rate remained high. In response to complaints that 
approximately 10 Romani children were inappropriately placed in schools 
for children with learning disabilities, a social worker contended that 
this was the only available mechanism to prepare the children for 
school. One leader of the Romani community publically criticized Romani 
parents for inadequate preparation of their children for school.
    Fifteen students were registered officially as Roma by the school 
system, but the Ministry of Education and Research estimated that there 
were approximately 90 additional students of Romani ancestry who 
identified themselves as Estonian or Russian speakers. A prominent 
Romani community activist stated that Romani youth who show potential 
to become leaders of their communities typically leave the country to 
seek employment opportunities elsewhere, a trend that is present among 
the wider population as well.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination on the basis of gender, sexual orientation, or other 
personal characteristics, and the government generally respected these 
prohibitions. Some activists expressed concern with what they described 
as the authorities' unwillingness to prosecute possible misdemeanors 
aggressively under the penal code provisions involving incitement to 
hatred. Most lesbian, gay, bisexual, and transgender (LGBT) persons did 
not reveal their sexual orientation or gender identity and avoided 
reporting incidents to police. Anti-LGBT messages did not generally 
appear in mainstream media reports, but anonymous online commentary on 
LGBT themes often included strongly hostile language, in some cases 
advocating violence against individuals and the LGBT community. In 
addition, in 2010 there were instances of performances in private clubs 
with anti-LGBT themes and recordings of music videos posted to social 
networking sites with lyrics and actions that encouraged violence 
against gays and lesbians. Organizers of the June Baltic Pride 
celebration, a joint undertaking of Estonian, Latvian, and Lithuanian 
participants, reported receiving some threats via the Internet, but the 
event proceeded without incident and with government support.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discrimination against persons with HIV/AIDS. 
NGOs worked with the Ministry of Social Affairs throughout the year on 
programs to reduce the social stigma associated with the disease.
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 independent 
unions of their choice without previous authorization or excessive 
requirements. It gives most workers, excepting public servants at the 
state and municipal levels, the right to strike; there is a procedure 
enabling public servants to negotiate directly with their employers. 
The law provides for collective bargaining and collective dispute 
resolution. It allows unions to conduct their activities without 
interference and prohibits antiunion discrimination. Both employees and 
employers have the right to request that labor dispute committees or 
the courts resolve individual labor disputes. The law prohibits 
discrimination against any employee because of union membership, but it 
does not address the issue of reinstatement if an employee is dismissed 
for this reason.
    Some workers found it difficult to exercise their trade union 
rights in practice. The Confederation of Estonian Trade Unions reported 
frequent violations of trade union rights in the private sector during 
the year and stated that antiunion behavior was widespread and labor 
inspectorates did not efficiently enforce the laws against such 
behavior. Some enterprises advised workers against forming trade 
unions, threatened them with dismissal or a reduction in wages if they 
did, or promised them benefits if they did not join unions. At times 
workers exercised the right to strike. Collective bargaining was freely 
practiced.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor and the government effectively enforced 
these 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 sets the minimum age for employment at 18, with some exceptions. 
Children 15 to 17 years old may work with the consent of a parent or 
guardian and minors seven to 12 may do light work in the areas of 
culture, art, sports, or advertising with the consent of the Labor 
Inspectorate. Children under the age of 18 may not perform hazardous 
work. The law limits the hours that children may work and prohibits 
overtime or night work. The Labor Inspectorate was responsible for 
enforcing these laws. The government effectively enforced laws and 
policies to protect children from exploitation in the workplace. There 
were no separate inspections regarding the age of child workers.

    d. Acceptable Conditions of Work.--In 2010 there was a national 
monthly minimum wage of 4,350 kroon ($372). It has remained the same 
for several years despite the rising cost of utilities, food, and other 
basic items.
    The standard workweek is 40 hours. The law requires a rest period 
of at least 11 hours in sequence for every 24-hour period. Reduced 
working time is required for minors and for employees who perform work 
that is underground, poses a health hazard, or is of an otherwise 
special nature. The law requires overtime pay of not less than 150 
percent of the employee's hourly wage. These requirements were 
effectively enforced. There is no prohibition of excessive compulsory 
overtime.
    The government set occupational health and safety standards. The 
labor inspectorate, health protection inspectorate, and technical 
inspectorate were responsible for enforcing them and made efforts to do 
so.
    In 2010 there were 3,212 occupational accidents, a ratio of 563 
occupational accidents per 100,000 employees.

                               __________

                                FINLAND

                           EXECUTIVE SUMMARY
    The Republic of Finland is a constitutional republic with a 
directly elected president and a unicameral parliament (Eduskunta). The 
prime minister heads a six-party coalition government. Parliamentary 
elections on April 17 were free and fair. Security forces reported to 
civilian authorities.
    While serious abuses were rare, societal discrimination against 
ethnic minority residents was seen as the country's most significant 
human rights problem. Domestic abuse and other violence against women 
and children were also a chronic problem. Although the system for 
administering justice generally worked well, police at times failed to 
provide detainees timely access to legal counsel as required by law.
    Other human rights problems during the year included instances of 
alleged bribery and abuse of trust involving elected officials, and 
allegations that local government officials used harsh methods to break 
up illegal Romani settlements in the country.
    The government took steps to prosecute officials suspected of 
corruption, and there were no reports of impunity during the year.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted monitoring visits by independent human rights 
observers.
    In 2010, the most recent period for which data was available, the 
daily average prison population including pretrial detainees and remand 
prisoners was 3,291, of whom 0.2 percent were juveniles under 18 years 
of age, 2.4 percent were under 21 years of age, and 7.0 percent were 
women.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance. Authorities permitted prisoners and 
detainees to submit complaints to judicial authorities without 
censorship and request investigation of credible allegations of 
inhumane conditions. There were no such complaints during the year.
    The annual report of the U.N. Committee against Torture expressed 
concern about overcrowding in some prisons and detention centers and 
the lack of appropriate sanitary facilities in 222 prison cells, where 
prisoners had only buckets for discharging human waste.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the military and the national police 
force, which are under the centralized control of the Ministry of 
Defense and the Ministry of the Interior, respectively. Police have 
responsibility in law and practice for law enforcement and maintenance 
of order within the country. The government has effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving security forces during the year.

    Arrest Procedures and Treatment While in Detention.--The law 
requires police to have a warrant issued by a prosecutor to make an 
arrest. A warrant must be obtained within three days if an individual 
is arrested while committing a crime; arrested persons must receive a 
court hearing within three days of arrest. Authorities usually 
respected these rights in practice. Detainees must be promptly informed 
of the charges against them, and lawyers must be provided for the 
indigent. In 2009, the last time the matter was investigated, the 
Council of Europe's Committee for the Prevention of Torture found that 
detainees' access to legal counsel was often significantly delayed. 
There were no reports that suspects were detained incommunicado or held 
under house arrest.
    There is no system of bail, but most defendants awaiting trial were 
eligible for conditional release based on personal recognizance. There 
were no reports of preventive detention, which the law allows only in 
exceptional circumstances, such as during a declared state of war, or 
for narrowly defined offenses including treason, mutiny, and large-
scale arms trafficking.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair public trial, and an independent judiciary generally enforced 
this right.
    Defendants are presumed innocent until proven guilty. The law does 
not provide for trial by jury. Defendants have a right to consult an 
attorney in a timely manner before trial. Attorneys are to be provided 
at public expense if defendants face serious criminal charges that can 
result in imprisonment or significant fines. Defendants can confront 
and question witnesses against them and present witnesses and evidence 
on their own behalf. Defendants and their attorneys have access to 
government-held evidence relevant to their cases. Defendants have a 
right of appeal.

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

    Regional Human Rights Court Decisions.--The European Court for 
Human Rights (ECHR) issued five judgments against the state during the 
year, some of them involving multiple infractions. When a breach of the 
European Convention on Human Rights is found, the government's policy 
is to take action in the specific case in which the breach occurred and 
enact legislative and administrative changes to avoid a repeat of the 
infraction. The government paid monetary judgments awarded by the ECHR.

    Civil Judicial Procedures and Remedies.--Individuals or 
organizations may seek civil remedies for human rights violations. They 
may appeal adverse decisions to the ECHR.

    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 and 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 
press.

    Censorship or Content Restrictions.--The publication of hate 
material and public speech intended to incite discrimination or 
violence against any national, racial, religious, or ethnic group are 
crimes. On December 13, an appeals court in Kouvola reversed a district 
court's acquittal of James Hirvisaari, a member of parliament from the 
populist Finns Party, and fined him 1,425 euros ($1,853) for 
``incitement to hatred'' for posting his negative opinions on Muslim 
immigrants to his blog while serving on a municipal council. Hirvisaari 
may still appeal the decision 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.
    Courts can fine persons found guilty of inciting racial hatred on 
the Internet, and during the year there were reports that courts fined 
individuals for publishing and distributing hate material via the 
Internet.
    On November 11, police in Lieksa detained two young men suspected 
of fomenting ethnic hatred and six others for spreading ethnic hatred 
on Facebook. The investigation continued at year's end.

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

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

    c. Freedom of Religion.--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 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.

    Safe Country of Origin/Transit.--Following an ECHR judgment against 
Greece, on January 24 the Finnish Immigration Service stopped for the 
time being returning asylum seekers to Greece on the basis of the EU's 
Dublin II Regulation, which recognizes all EU countries as safe 
countries of origin and transit. The Regulation also authorizes the 
governments of EU member states to return asylum seekers to the 
countries where they first entered the EU. The service had earlier 
refused to return unaccompanied minors or applicants in a vulnerable 
position, such as families with children, to Greece because of the poor 
conditions for asylum seekers in that country.

    Nonrefoulement.--In practice the government provided protection 
against the expulsion or return of refugees to a country where their 
lives or freedom would be threatened on account of their race, 
religion, nationality, membership in a particular social group, or 
political opinion.

    Refugee Abuse.--The Ministry of Interior has appointed a special 
working group to consider detainee status in the country. The working 
group will focus especially on asylum seekers who arrive alone. Due to 
the lack of facilities, a number of asylum seekers were detained in 
unsuitable facilities, including police stations and prisons.

    Employment.--The government granted all asylum applicants temporary 
residency while they awaited the decision on their applications. To 
discourage asylum seekers from destroying their identification 
documents, authorities allowed only those applicants who crossed the 
border with proper identification documentation to seek employment, 
education, healthcare, property ownership, and other services after 
three months. Otherwise, the government grants the right to work to 
asylum seekers without proper travel documents after they have 
submitted an asylum application and resided in the country for six 
months.

    Access to Basic Services.--Refugees and asylum seekers generally 
have access to basic services. Legislation regarding asylum seekers 
that entered into force on September 1 adjusted which services the 
national government and local municipalities offer and finance.

    Durable Solutions.--The parliament annually sets a quota for the 
number of refugees that may be admitted into the country. The 
government decides on the allocation of the quota. Since 2001 the 
annual quota has been 750 refugees.

    Temporary Protection.--According to the most recent statistics 
available, between January and August 2010 the government provided 
temporary protection to 60 individuals who might not qualify as 
refugees.

    Stateless Persons.--According to UNHCR, 3,125 stateless persons 
were living in the country at the end of 2010. A child may obtain 
citizenship from either the mother or father regardless of the place of 
birth and may also acquire citizenship if the child is born in Finland 
and would otherwise be stateless. Involuntarily stateless people and 
certain other special groups (such as refugees) have a shorter 
residency requirement than typical applicants before gaining 
citizenship, four years as opposed to six.
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.--
Parliamentary elections held on April 17 were considered free and fair.

    Participation of Women and Minorities.--As a result of the April 
elections, 86 women entered the 200-seat parliament and nine women took 
portfolios in the 19-member Council of State (cabinet). The president 
of the republic and the president of the Supreme Court were women. Four 
of the eight parties in parliament went into the election campaign 
under female leaders. Women were in the majority in two parliamentary 
groups: the Social Democratic Party (27 women and 15 men) and the 
Swedish People's Party (five women and four men).
    There were 10 members of minority groups in parliament and two in 
the cabinet. Jani Toivola, a Kenyan-Finn from the Greens Party, became 
the first member of a racial minority to win a parliamentary seat as 
well as one of the few openly gay members of parliament. The autonomous 
region of the Aland Islands elects one representative to the national 
parliament and has its own parliament. The indigenous Sami minority 
enjoys semiautonomous status and has its own parliament as well as full 
representation as citizens in the national parliament; however, no Sami 
were members of the national parliament.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively.
    The law requires parties, candidates, and candidates' supporters to 
report every donation of more than 800 euros ($1,040) in municipal 
elections or more than 1,500 euros ($1,950) in other elections. This 
reporting requirement also applies to other forms of electoral support, 
such as funding seminars or donating goods and services for political 
purposes. The National Audit Office, the country's supreme audit 
institution, is responsible for collecting the reports and maintaining 
a public register on the Internet.
    During the year the National Bureau of Investigation continued 
investigating suspected instances of bribery and abuse of trust 
involving members of parliament from the Center and National Coalition 
parties. On September 29, member of parliament and former chairman of 
the board of the nongovernmental organization (NGO) Youth Foundation (a 
Center Party-led housing charity) Antti Kaikkonen, former chairman of 
the state-run Slot Machine Association Jukka Vihriala, and six members 
of the board of the Youth Foundation were charged with abuse of trust. 
On June 14, Ilkka Kanerva, a member of parliament from the National 
Coalition Party and former foreign minister, went on trial in the 
Helsinki District Court for bribery and malfeasance. He was charged 
with accepting more than 50,000 euros ($65,000) in bribes from four 
businessmen while serving on the Regional Council of Southwest Finland, 
a body whose powers include land use. The businessmen also were charged 
in the case.
    By law income and asset information from all tax forms of all 
citizens, including public officials, must be made public each year. 
The Office of the Chancellor of Justice oversees government activities 
and prosecutes cases of possible corruption.
    The law provides for public access to government information, with 
the exception of national security information and documents covered by 
privacy laws, and the government provided such access in practice.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--The parliamentary ombudsman 
enjoyed the government's cooperation, operated without government or 
party interference, and had adequate resources. The ombudsman 
investigates complaints that a public authority or an official has not 
observed the law or fulfilled a duty, or that fundamental human rights 
protections have not been appropriately implemented. In 2010, the most 
recent year for which data was available, 4,492 new matters were 
referred to the ombudsman, and the ombudsman issued a decision in 4,903 
cases. The main targets of the complaints received were the social 
welfare authorities, law enforcement authorities, healthcare, and 
penitentiary officials.
    The parliamentary Constitutional Law Committee analyzed proposed 
legislation for consistency with international human rights 
conventions. The parliamentary Legal Affairs Committee dealt with 
legislation relating to criminal and procedural law, the courts, and 
the prison system.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, and social status, and the government 
effectively enforced these prohibitions. However, there were reports of 
violence against women and children, trafficking in persons, and 
societal discrimination against foreign-born residents and Roma.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, and female genital mutilation, and the 
government enforced the law effectively. The maximum prison sentence 
for rape is six years but can be as much as 10 years in cases of 
aggravated rape. Between January and June, 438 cases of rape were 
reported to police. In 2010, 820 cases of rape were reported to police. 
The actual number of rapes reported to authorities during the year was 
higher and included cases reported to the Finnish Border Guards and 
Customs which were not counted in the cases reported to police. In 
2010, the most recent period for which government figures were 
available, 135 persons were convicted of rape.
    On June 1, legislation entered into force that defines coercion 
into a sexual act or intercourse, including with a defenseless person 
(i.e., intoxicated or disabled), as a crime as severe as rape. 
Sentences for such offenses are consistent with those for rape.
    Through various public awareness campaigns police and other 
government officials actively encouraged victims to report rapes.
    Violence against women, including spousal abuse, continued to be a 
problem. In 2003-2009, 264 women were killed the country. Of those, 16 
were under the age of 15, five were between 15 and 17, and 243 were 
adults. The annual homicide rate for women averaged 1.4 deaths per 
100,000 inhabitants compared with a rate of 3.4 deaths for men. The 
majority of female victims were killed at home (57 percent); in 67 
percent of the cases the killer was a spouse or boyfriend.
    Domestic abuse may be prosecuted under various criminal laws, 
including laws prohibiting rape, assault and battery, harassment, and 
disturbing the peace. The penalty for physical domestic violence ranges 
from a minimum of six months to a maximum of 10 years in prison.
    The NGO Federation of Mother and Child Homes and Shelters stated 
domestic violence was a problem in all age and social groups regardless 
of level of education. Violent behavior within a family often remained 
unreported to police. A survey by the National Research Institute of 
Legal Policy released on March 7 found that 86 percent of victims who 
sought help from support services, such as safe houses, were women. The 
average age of female victims was 38 compared with 44 for men who 
sought help. A large portion of the requests for support services 
originated from major cities in southern Finland and in most cases were 
due to violence.
    Police may refer potential perpetrators or victims of domestic 
violence to government social welfare agencies that have programs to 
reduce domestic violence. These programs promoted cooperation between 
cohabiting partners by providing support to victims and anger 
management counseling and other advisory services to perpetrators.
    The government encouraged women to report domestic violence and 
abuse and provided counseling, shelters, and other support services to 
victims of domestic violence and rape. It also funded NGOs that 
provided additional services, including a telephone hotline and crisis 
center. According to regional and municipal officials who operated 
shelters, most women who sought shelter from violence were between the 
ages of 25 and 35 and married or in a cohabiting relationship; nearly 
one-fourth of those seeking shelter were reported to be immigrants, 
although shelter records often omitted victims' origins to protect 
them. Foreign-born residents who were not proficient in Finnish, 
Swedish, Sami, or English experienced some difficulty accessing 
domestic violence services. In September the government adopted a five-
year national action plan for reducing violence against women. Amnesty 
International noted, however, that the government had not provided any 
additional state funding to implement the plan and expressed concern 
that the plan would not be resourced adequately.

    Sexual Harassment.--Sexual harassment is prohibited by law, and the 
government generally enforced the law in practice. The prosecutor 
general is responsible for investigating sexual harassment cases. 
Employers who fail to protect employees from harassment are subject to 
fines or a maximum of six months' imprisonment. According to the Office 
of the Ombudsman for Minorities, one of the official bodies that track 
gender-related problems in the country, inappropriate treatment of 
women in the workplace remained a problem.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and have the information and means to do so free from 
discrimination, coercion, and violence. Women have access to 
contraception and skilled attendants during childbirth, including 
obstetric and postpartum care.

    Discrimination.--Women have the same rights as men under family and 
property laws and in the judicial system. The government maintained 
three entities devoted to gender equality problems: the ombudsman for 
equality, the Gender Equality Unit, and the Council for Equality.
    The law stipulates that men and women must receive equal pay for 
equal work. However, allegations of wage discrimination against women 
continued. In 2010 the equality ombudsman's office received 385 
complaints (49 percent of all cases) alleging discrimination and 
unequal treatment based on gender.
    Women earned an average of 19 percent less than men for 
substantially similar work. According to Statistics Finland data from 
November 2010, the most recent information available, the average 
monthly wage for men was 3,343 euros ($4,346), compared to 2,739 euros 
($3,561) for women. This disparity was attributed to the tendency of 
men to work in more senior or skilled positions than women, with the 
exception of the fields of medicine and education. Men tended to 
dominate the upper ranks in industry, finance, and some government 
ministries, while women remained overrepresented in lower-paying 
occupations. The pay gap between women and men narrowed slightly from 
2009 to 2010, as women's earnings in the public sector rose faster than 
those of men. The law provides that individuals may receive 
compensation for lost wages in cases where gender-based discrimination 
is proven.

    Children.--Birth Registration.--Citizenship generally is acquired 
at birth through one or both of the child's parents. A child can also 
acquire citizenship at birth if the child is born in the country and 
meets certain other criteria, such as if the parents have refugee 
status in the country or if the child is not eligible for any other 
country's citizenship. A local registration office records all births 
in the Population Information System.

    Child Abuse.--Information on violence against children was not 
collected comprehensively. In 2008 a child victim survey by police 
indicated that children and young persons experienced violence more 
frequently than adults. Approximately 20 percent of boys and 15 percent 
of girls indicated they had experienced some form of assault or battery 
during the previous year. Adults were responsible for the violence 
against children in one in 10 cases. In general girls tended to 
experience violence at home, while boys were subjected to violence 
outside the home, usually by another boy. The government ombudsman for 
children's problems under the Ministry for Social Affairs and Health 
continued to work to raise public awareness of child abuse and promote 
the government's child, youth, and family policy program.

    Sexual Exploitation of Children.--Between January and November, 
1,175 cases of suspected child sexual abuse were reported to police. 
Police received 1,102 cases in 2010. On July 15, National Police 
Commissioner Mikko Paatero said he hoped the higher figures were at 
least partially attributable to better reporting rather than a spike in 
the number of crimes themselves. In contrast with the apparent year-on-
year increase in sexual abuse, a study by the Department of Psychology 
of Abo Akademi University indicated that the rate of childhood sexual 
abuse might be declining. A survey of 18- to 23-year-olds found that 
2.5 percent had experienced sexual abuse during childhood, while in 
older age groups the rate was between 3.7 percent and 5.1 percent.
    As of June 1, the government stiffened the penal code for child 
sexual offenses and broadened the scope of punishable acts. For 
example, intercourse with a minor is considered an aggravated offense 
with penalties ranging from one to 10 years' imprisonment. The purchase 
of sexual services from minors now embraces so-called ``grooming'' 
(enticement of a child) including in a virtual environment or by mobile 
phones. The amendment also streamlined the provisions prohibiting the 
dissemination and possession of child pornography. All sexual crimes 
against children are subject to public prosecution, including if 
committed by the country's residents outside the country.
    The country has laws against statutory rape; the age of sexual 
consent is 16. The minimum legal age for sex work is 18. A person whose 
age cannot be determined, but who can reasonably be assumed to be under 
the age of 18, is regarded as a child. Sexual abuse of a child carries 
a maximum sentence of four years' incarceration while aggravated sexual 
abuse of a child carries a maximum penalty of 10 years' imprisonment. 
Manufacturing, selling, renting, importing, or exporting sexually 
obscene pictures or recordings of children carries a maximum prison 
sentence of two years, and aggravated distribution of sexually obscene 
pictures of children has a minimum sentence of four months' and a 
maximum sentence of six years' imprisonment.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--According to Statistics Finland, the country's 
Jewish community numbered approximately 1,500. The largest Jewish 
community (in Helsinki) consisted of 1,150 members. There were no 
reports of anti-Semitic acts.
    On May 25, the Finnish National Socialist Workers' Party, the 
country's Nazi party, failed to complete the registration process for 
associations. The National Board of Patents and Registration halted the 
process after asking for revisions of the party's application and 
additional information.
    The Ministry of Education continued to integrate tolerance and 
anti-bias courses and material into the public-school curriculum. 
Students begin studying the Holocaust and the phenomenon of anti-
Semitism in the eighth grade.

    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 constitution and law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, or the provision of other state services. The government 
effectively enforced these provisions.
    Laws mandating access to buildings for persons with disabilities 
generally were enforced, although many older buildings remained 
inaccessible. Most forms of public transportation were accessible, but 
problems continued in some geographically isolated areas. The Ministry 
for Social Affairs and Health and the Ministry of Employment and the 
Economy are responsible for protecting the rights of persons with 
disabilities, and do so effectively.
    Some 200,000 persons with disabilities live in the country. On 
August 24, the Finnish Broadcasting Company reported persons with 
physical disabilities were underrepresented in the labor market, even 
though many of them would like to work. A survey by the innovation fund 
Sitra and the VATES Foundation published on August 24 found that 
companies were interested in hiring persons with disabilities but, 
among other things, wanted more information about various financial aid 
available to them and prospective employees. According to the survey, 
one third of the group was able to work, and many members of the group 
sought regular part-time jobs.

    National/Racial/Ethnic Minorities.--There was some societal tension 
between ethnic Finns and minority groups, and there were reports of 
racist or xenophobic incidents.
    According to the media on August 4, the number of racist crimes 
recorded by police fell by approximately 17 percent in the beginning of 
the year compared with the same time in 2010. There were occasional 
reports of fighting between ethnic Finns and foreign-born youth of 
African and Middle Eastern descent as well as fighting between rival 
ethnic immigrant groups. The law does not have a specific category for 
``race-related crimes'' or ``hate crimes.'' However, racism as a motive 
or party to another motive to any other criminal act is a cause for 
aggravating the sentence.
    On April 1, the Helsinki district court gave one person a 50-day 
suspended prison sentence for endangerment and fined three persons in 
connection with a mass brawl among youth of Kurdish, Somali, and 
Finnish extraction at Helsinki's Linnanmaki amusement park in 2010. The 
court ordered the defendants to pay 1,600 euros ($2,080) in 
compensation.
    In April and May, Teuvo Hakkarainen, a member of parliament from 
the Finns Party, made a series of racially derogatory comments about 
blacks, Swedes, Somalis, Muslims, gay men, and lesbians. According to 
the press, police reported to the state prosecutor that there was no 
crime and if there was it was too small a matter to investigate. 
Hakkarainen later apologized.
    Groups of Roma have lived in the country for centuries. According 
to the minority ombudsman, discrimination against the country's 
approximately 10,000 to 12,000 Roma extended to all areas of life, 
resulting in their effective exclusion from society. Roma are 
classified as a ``traditional ethnic minority'' in the ombudsman's 
report. The Romani minority was the most frequent target of racially 
motivated discrimination, followed by Russian speakers, Somalis, Turks, 
Iraqis, Sami, and Thais. Ethnic Finns were also occasionally victims of 
racially motivated crimes for associating with members of minority 
communities.
    A new, significant influx of adult Romani beggars from Romania 
started in 2007 after Romania joined the EU, with an increase in Roma 
in Helsinki and other large cities. The number of beggars varied 
significantly over the year, ranging from approximately 200-300 during 
the summer months and only a few dozen during the winter.
    A small number of illegal camps used by non-Finnish Roma were a 
controversial issue. The Helsinki rescue department stated that the 
sites suffered from safety deficiencies and were unfit for habitation. 
The city repeatedly offered temporary accommodation to the Roma, but 
many Roma either refused the initial offers or returned to the illegal 
camps after spending a short time in the shelters.
    The Helsinki city council decided to break up non-Finnish Romani 
camps in Helsinki and enforced its decision with police. The minority 
ombudsman criticized the city council's decision as evidence of a 
hardening of attitudes towards foreigners and stated that, although the 
city has the right to decide where camps should be situated, breaking 
up existing camps did not solve the problem.
    At the end of 2010 there were 54,500 Russian-speaking persons 
living in the country, principally in Helsinki and areas along the 
Russian border. They were by far the largest minority not speaking 
Finnish or Swedish, the country's two official languages. In April 
2009, the latest date for which data was available, unemployment among 
immigrants from the former Soviet Union (excluding Estonia) was 31 
percent, compared to 17.6 percent for all immigrants and 8.8 percent in 
the country overall. A 2010 report by the minority ombudsman identified 
the lack of Finnish-language ability, the lack of education or 
recognition of training, personal cultural differences, lack of 
employers' confidence in Russian speakers, discrimination, and the lack 
of local social networks as causes for this discrepancy. Russian-origin 
persons had the highest number of requests for assistance of any 
immigrant group and nearly double that of Somalis (the immigrant group 
with the second highest number of requests).
    The government strongly encouraged tolerance and respect for 
minority groups and sought to address racial discrimination. All 
government ministries included antiracism provisions in their 
educational information, personnel policy, and training programs. The 
government also monitored the treatment of national, racial, and ethnic 
minorities by police, border guards, and teachers. The government's 
minority ombudsman monitored and assisted victims of discrimination. 
The ombudsman for minorities supervised compliance with the prohibition 
of ethnic discrimination.
    In 2010, the latest data available, the ombudsman for minorities 
processed 848 client cases of discrimination. The Roma remained the 
largest ethnic group contacting the ombudsman for minorities. As in 
earlier years, the majority of Romani clients contacted the office 
about housing problems. The second-largest group to contact the 
ombudsman for minorities were Russian speakers.

    Indigenous People.--The constitution provides for the protection of 
the Sami language and culture, and the government financially supported 
these protections. The Sami, who constitute less than 0.1 percent of 
the population, have full political and civil rights as citizens as 
well as a measure of autonomy in their civil and administrative 
affairs. A 21-member Sami parliament (Samediggi), popularly elected by 
the Sami, is responsible for the group's language, culture, and matters 
concerning their status as an indigenous people. The Sami parliament is 
an independent body but operates under the purview of the Interior 
Ministry. It can adopt legally binding resolutions, propose 
initiatives, and provide policy guidance. Despite constitutional 
protections, members of the Sami community continued to protest the 
lack of explicit legislation to safeguard Sami land, resources, and 
economic livelihood. The government owns 90 percent of the land in the 
Sami home region, much of it in the form of national parks. Sami have 
alleged for decades that the government used their land for logging and 
other purposes without consulting them.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--No person may be discriminated 
against on the basis of gender identity, sexual orientation, or other 
personal characteristics. The government generally respected these 
rights, and law enforcement authorities investigated and punished 
violations of these rights.
    On May 10, the Helsinki district court gave suspended four-month 
sentences for assault, breach of political freedom, and possession of 
weapons to three young men who attacked the 2010 Helsinki Pride parade. 
The court included aggravating circumstances in its judgment, as the 
attack was targeted on sexual minorities and some of the victims were 
bystanders, including minors.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence against persons with HIV/AIDS. However, 
authorities did not allow gay men to donate blood or organs for use in 
the country because of the perceived increased risk of hepatitis or HIV 
infection.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for the freedom to form trade unions and join 
independent unions, to conduct legal strikes, and to bargain 
collectively. The law prohibits antiunion discrimination, and there 
were no reports that such discrimination occurred during the year. Any 
restriction or obstruction of these rights is prohibited.
    The law exempts from the right to strike public sector employees 
who provide essential services. An official dispute board can make 
nonbinding recommendations to the cabinet on ending or limiting the 
duration of strikes when national security is threatened. Employees 
prohibited from striking can use arbitration to provide for due process 
in the resolution of their concerns.
    A strike is legal when an employment contract is not in effect and 
the action is pursuant to new contract negotiations. If a contract 
agreed by all parties is in effect, a strike is considered illegal. 
Fines may be imposed for illegal strikes.
    The statute regulating work agreements extends these rights to both 
the employee and the employer.
    Employers of nonunionized workers are required to compensate 
employees at a wage equal to that stipulated by existing collective 
bargaining agreements.
    The regulation of the labor market is based on labor legislation 
and, primarily, on collective agreements. Any trade union and 
employers' association may make collective agreements. Nearly all 
collective agreements were branch-specific. The Ministry of Labor and 
the Economy decides on the universal validity of the agreement. The 
parties to collective agreements are trade unions and the central 
organizations of employers' associations. The role of the government 
has been, when needed, to support the conclusion of collective 
agreements by making the appropriate economic policy decisions, such as 
in cases involving taxes.
    Extensive tripartite cooperation between the government, employers' 
groups, and trade unions characterized the country's labor market 
system. The Occupational Safety and Health Administration (OSHA) of the 
Ministry of Social Affairs and Health monitors unorganized employers' 
adherence to generally applicable collective agreements. The latest of 
these tripartite agreements was concluded in November. It covered 
approximately two million workers: 94 percent of wage earners in the 
private sector and 100 percent of the public sector.
    Most unions have connections to the Social Democratic Party or the 
Left Alliance but are independent of them.
    The national conciliator assists the negotiating partners in 
settling labor disputes if a collective agreement cannot be reached 
without outside help. The national conciliator can also assist central 
labor market organizations in drawing up comprehensive income policy 
agreements.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor; however, there were reports 
that such incidents occurred. Men and women were subjected to forced 
labor in the construction industry, restaurants, and domestic service.
    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 allows children over the age of 15 to enter a valid employment 
contract as long as work does not interrupt compulsory education. Such 
employment is restricted to no more than nine hours per day and 48 
hours per week with mandatory minimum daily rest of 12 hours. Young 
workers may not work at night after 10:00 p.m. or under conditions that 
risk health and safety.
    Children under the age of 15 may be employed for summer work, 
school-related events, modeling, and other similar purposes, but the 
approval of both their guardians and OSHA is required, and their 
working hours are limited in all cases. Employers are required to 
provide work insurance, social payments, and a letter of reference for 
all young workers. The law applies to work done by all persons under 18 
years of age, whether in the private or public sector. In addition to 
employment relationships, the provisions of the act on occupational 
safety and health apply to the practical training of under-18-year-old 
pupils or practical work done at school.
    The Ministry of Employment and the Economy enforces child labor 
regulations. There were no reports of children engaged in work outside 
the parameters established by law.

    d. Acceptable Conditions of Work.--There is no national minimum 
wage law; however, the law requires all employers, including 
nonunionized employers, to pay minimum wages stipulated in collective 
bargaining agreements. The Ministry of Employment and the Economy is 
responsible for labor policy strategy and implementation, improving the 
viability of working life and its quality, and promoting employment.
    The standard workweek established by law is eight hours per day 
with no more than 40 hours of work per week. According to Statistics 
Finland, the full-time workweek averaged 37.8 hours for all workers in 
2010, the most recent year for which data was available. Certain 
occupations, such as seamen, household workers, road-transport workers, 
and workers in bakeries, are subject to separate workweek regulations. 
Employees working shifts or during the weekend are entitled to one 24-
hour rest period per week. Workers are entitled to time-and-a-half pay 
for the first hour of overtime work and double-time pay for time beyond 
the first hour. The law limits a worker to 250 hours of overtime per 
year and 138 overtime hours in any four-month period.
    The government sets occupational health and safety standards, and 
the Ministry of Social Affairs and Health enforced them effectively. 
The ministry's OSHA monitors compliance with occupational safety and 
health legislation, including overseeing the employment terms for young 
workers. OSHA has the right to enter workplaces and to carry out health 
and safety inspections. It conducted 20,100 workplace field inspections 
in 2010, the latest available data. The administration informs 
employers of inspections in advance, unless a surprise inspection is 
necessary for enforcement purposes. A subsequent inspection report 
gives employers written advice on how to remedy minor defects. In the 
case of serious violations, the inspector issues an improvement notice 
and monitors the employer's compliance. When necessary OSHA may issue a 
binding decision and impose a fine. If a hazardous situation involves a 
risk to life, an inspector may halt work on the site or issue a 
prohibition notice concerning the source of risk.
    Labor and occupational safety laws cover all employees in the 
country, regardless of their nationality. If an employer's response to 
an employee complaint is not satisfactory, unionized employees may 
forward the matter to the relevant trade union. Nonunion employees may 
contact OSHA for advice and guidance.
    Between October 2009 and September 2010, the most recent period for 
which data was available, there were 96,146 workplace accidents which 
resulted in the loss of three or more days of work, a decrease of 2.3 
percent from the previous year. The municipal sector (17,332 accidents) 
and construction (13,689 accidents) had the highest numbers of 
accidents. Workplace accidents led to 26 deaths.

                               __________

                               FRANCE \1\

---------------------------------------------------------------------------
    \1\ Note: The country includes 11 overseas administrative divisions 
that are covered in this report. Four overseas territories in French 
Guiana, Guadeloupe, Martinique, and Reunion, have the same political 
status as the 22 metropolitan regions and 101 departments on the 
mainland. Five divisions are overseas ``collectivities'': French 
Polynesia, Saint-Barthelemy, Saint-Martin, Saint-Pierre and Miquelon, 
and Wallis and Futuna. New Caledonia is a special overseas collectivity 
with a unique, semiautonomous status between an independent country and 
an overseas department. Mayotte became the 101st department on March 
31, 2011. Citizens of these territories periodically elect deputies and 
senators to represent them in parliament, like the other overseas 
regions and departments.
---------------------------------------------------------------------------
                           EXECUTIVE SUMMARY
    France is a multiparty constitutional democracy. The president of 
the republic is elected by popular vote for a five-year term. Nicolas 
Sarkozy is the incumbent. The upper house (Senate) of the bicameral 
parliament is elected indirectly through an electoral college, while 
the lower house (National Assembly) is elected directly. Elections for 
seats in the National Assembly and for the presidency in 2007 and for 
seats in the Senate in 2011 were considered free and fair. The Union 
for a Popular Movement (UMP) is the majority party in parliament. 
Security forces reported to civilian authorities.
    The most significant human rights problem during the year involved 
government evictions and compulsory repatriations of illegal immigrants 
from Romania and Bulgaria, many of whom were Roma. Several attacks 
against Roma were also reported. Overcrowded and unhygienic conditions 
in prisons were compounded by problems in the judicial system, 
including lengthy pretrial detention and protracted investigation and 
trials. French Muslims and others of immigrant origin faced some 
discrimination, particularly, in the case of Muslims, as a result of a 
prohibition against face-covering attire in public institutions.
    Other human rights problems reported during the year included 
antidefamation laws that limited freedom of speech and press, societal 
violence against women, anti-Semitic incidents, and trafficking in 
persons.
    The government took steps to prosecute and punish security force 
and other officials who committed abuses. Impunity was not widespread.
    Note: The country includes 11 overseas administrative divisions 
that are covered in this report. Four overseas territories in French 
Guiana, Guadeloupe, Martinique, and Reunion, have the same political 
status as the 22 metropolitan regions and 101 departments on the 
mainland. Five divisions are overseas ``collectivities'': French 
Polynesia, Saint-Barthelemy, Saint-Martin, Saint-Pierre and Miquelon, 
and Wallis and Futuna. New Caledonia is a special overseas collectivity 
with a unique, semiautonomous status between an independent country and 
an overseas department. Mayotte became the 101st department on March 
31, 2011. Citizens of these territories periodically elect deputies and 
senators to represent them in parliament, like the other overseas 
regions and departments.
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.
    Killings in Corsica were predominantly linked to organized crime 
and Corsican nationalism. As of December 5, there were 22 killings 
reported for the year, 15 of which were linked to organized crime. In 
2010 authorities reported 81 bombings or attempted bombings as well as 
16 killings and 14 attempted killings in Corsica.
    On November 30, Amnesty International (AI) wrote the minister of 
justice regarding the cases of five men--one French citizen of 
Senegalese origin and four foreign nationals of Mali, Tunisia, Algeria, 
and Morocco--who died in police custody between 2004 and 2009. The 
letter expressed the need for a prompt and independent investigation 
without further delay and AI's concern that there had been little or no 
progress to fully investigate the cases and that the law enforcement 
officers involved in the cases had not been subject to investigation or 
charge.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices. However, 
there were occasional accusations of police discrimination and 
degrading treatment.
    During the year there were occasional reports that police used 
excessive violence during counterdemonstration operations. In May 2010 
police fired a flash ball close to a crowd during a violent 
demonstration in Neuilly-sur-Marne, causing a protester to feel dizzy 
for several days. In May the National Commission on Security Ethics 
(CNDS) ruled that the use of the flash ball was disproportionate and 
recommended the officer involved be prosecuted.
    On February 3, the inspector general of the gendarmerie (IGG) 
opened an investigation after a gendarme threw a gas grenade at 
peaceful demonstrators in Anduze on January 21. The gendarme involved 
was transferred to Marseille in July. The IGG and the Nimes prosecutor 
were investigating the incident.

    Prison and Detention Center Conditions.--Both credible 
nongovernmental organizations (NGOs) and government officials reported 
overcrowding and unacceptable hygienic conditions in prisons. In 
December the Ministry of Justice and Liberties reported that 65,262 
persons, including 2,200 women and 750 juveniles, were incarcerated in 
the country's 189 prisons, exceeding prison capacity by 8,007 inmates.
    In a report published on December 8, covering the period 2005-11, 
the International Observatory for Prisons (OIP) strongly criticized 
overcrowding, limited access to health care, and lack of human contact 
in the country's prisons. According to the study, there were 60,761 
prisoners in December 2011 but enough space for 56,358. The document 
also stated that the prevalence of tuberculosis was 10 times higher in 
prison than outside and that prisons did not have the capacity to care 
for the 20 percent of the prison population that suffered from mental 
disorders.
    In its 2010 annual report published on May 3, the controller 
general for detention facilities criticized the violation of basic 
rights in prisons, including failure to provide decent living 
conditions to prisoners. According to the report, such violations ``too 
often go unreported.'' There were no reports of prisoners lacking 
access to potable water.
    Although there were no known deaths in prison due to mistreatment 
or adverse conditions during the year, prison suicides continued to be 
a problem. According to the OIP, 97 inmates committed suicide from 
January 1 to October 31, an increase of 8 percent compared with the 
same period in 2010. The OIP reported that, from 2003 to 2010, there 
was an average of one prison suicide every three days, a number five to 
six times larger than suicide rates outside prison. There were no 
reports of deaths in prison during the year other than by suicide or 
from natural causes.
    Authorities maintained administrative holding centers for 
foreigners whom they could not immediately deport. There were 24 
holding centers on the mainland and three in the overseas territories.
    On December 14, a cooperative of five NGOs published a report 
titled 2010 Report on Detention Centers. According to the report, in 
2010 more than 60,000 persons passed through detention centers in 
France or one of its overseas territories, an 80 percent increase from 
2005. The number of families and children in these centers also 
increased from 57 families with 318 children in 2009 to 178 families 
with 356 children in 2010. The group criticized the constant tension 
and violence among inmates, which allegedly resulted from the centers' 
inability to ensure equal rights.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance. Authorities permitted prisoners and 
detainees to submit complaints to judicial authorities without 
censorship and to request investigation of credible allegations of 
inhumane conditions. Authorities investigated credible allegations of 
inhumane conditions and documented the results in a publicly accessible 
manner. The government investigated and monitored prison and detention 
center conditions.
    The inspector general for places of detention, an independent 
authority, is responsible for ensuring that detainees' fundamental 
rights are respected. In addition detainees may address issues about 
the prison or justice system to the state mediator or his delegate, who 
are part of the office of the defender of rights, the equivalent of an 
official ombudsman on civil liberties.
    To reduce overcrowding, the government opened four new prisons 
since 2007 with a total of 6,000 additional places. It increased the 
prison system budget by 10 percent, to 2.1 billion euros ($2.7 
billion), in 2010. As of November 1, 7,886 prisoners were under 
electronic surveillance, a 31.5 percent increase over 2010. Those under 
electronic surveillance were still considered prisoners because they 
remained under surveillance in their homes. New prisons had gymnasiums, 
outdoor recreation areas, and family spaces, and the Ministry of 
Justice and Liberties continued to increase prisoner access to work, 
sports, libraries, worship, cultural services, education, and training 
programs during the year.
    The government permitted prison visits by independent human rights 
observers, local and foreign. The U.N. Committee against Torture (CAT) 
examines the country's prisons every four years, most recently in April 
2010. The Council of Europe's Committee for the Prevention of Torture 
(CPT) also conducted an inspection of prisons in 2010. In July the CPT 
gave a report on the visit to the French government, which postponed 
its publication until 2012.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the government generally 
observed these prohibitions. However, lengthy pretrial detention was a 
problem. The government handed down 79 decisions in wrongful 
incarceration trials in 2010 and provided 370,000 euros ($481,000) in 
financial compensation to those found to have been wrongfully 
incarcerated.

    Role of the Police and Security Apparatus.--Under the direction of 
the Ministry of the Interior, Overseas France, Local Authorities, and 
Immigration, a civilian national police force of 144,000 and a quasi-
military national gendarmes force of more than 97,000 maintained 
internal security. In conjunction with specific gendarmes units used 
for military operations, the army is responsible for external security 
under the Ministry of Defense. Police and gendarmes were generally 
considered effective. During the year approximately 60 ``neighborhood 
police'' units worked to curb juvenile delinquency and petty crime in 
neighborhoods with high levels of youth crime.
    Official impunity was not widespread. The inspector general of 
National Police (IGPN), the inspector general of police services for 
the Paris region (IGS), and the Office of Judicial Police investigated 
and prosecuted allegations of brutality in the police force and the 
gendarmes. The CNDS investigated allegations of misconduct by municipal 
police, gendarmes, and private security forces and reported its 
findings to the prime minister and parliament. According to the 2010 
CNDS report, the most recent year for which data was available, 195 
complaints were filed in 2010, a 14 percent decrease from the 228 
complaints in 2009.
    The CNDS investigated allegations of improper conduct by law 
enforcement officers and helped ensure that persons responsible for law 
enforcement comply with ethical standards. While individuals who allege 
police mistreatment do not have direct access to the CNDS, their 
complaints may be referred to the CNDS through a member of parliament 
or other intermediary. On May 1, the CNDS merged with the office of the 
defender of rights.
    In its annual global report released on May 13, Amnesty 
International criticized new cases of police violence and the slow 
speed of police investigations in the country.

    Arrest Procedures and Treatment While in Detention.--The law 
requires police to obtain warrants based on sufficient evidence prior 
to detaining suspects, but police can immediately arrest suspects 
caught in the act. Individuals have the right to a judicial ruling on 
the legality of their detention during the first hour, and authorities 
generally respected this right in practice. Authorities must inform 
detainees of charges against them once they are in police custody. A 
system of bail exists and was utilized. Detainees generally had access 
to a lawyer, and the state provides legal counsel if the detainee is 
indigent.
    Amnesty International criticized the country's practice of allowing 
multiple, successive periods of detention during the investigation of 
an alleged crime and accused authorities of not adequately 
investigating detainee complaints. The law allows police to detain 
persons for up to 24 hours if they are suspected of having committed a 
crime that is punishable by a prison sentence. This period of detention 
can be extended for an additional 24 hours regardless of the 
seriousness of the crime.
    On April 12, in response to a 2010 ruling by the European Court of 
Human Rights (ECHR), parliament passed legislation reforming the 
country's police custody procedures. Implemented on April 14, the new 
law provides that persons taken into police custody must be informed of 
their right to remain silent and their right to have a lawyer present 
during questioning. Defense lawyers can ask questions throughout the 
interrogation. If a medical exam is required, it must respect 
professional confidentiality. Complete strip searches are forbidden 
except in cases where the accused is suspected of hiding dangerous 
items or drugs.
    According to Ministry of Justice official statistics, more than 
800,000 persons were taken into custody in 2010. Following the adoption 
of reform legislation, this number dropped 26 percent in June-July 2011 
compared with the same period in 2010.
    On May 6, a Nimes appeals court terminated a police custody order 
and released an undocumented Chechen immigrant. The ruling was in 
compliance with an April 28 decision by the European Court of Justice, 
which held that undocumented migrants could not be detained under the 
2008 EU directive on the return of illegal immigrants.
    In cases involving terrorism or drug trafficking, the law allows 
extended periods of detention before notification to counsel. In such 
cases authorities may hold suspects for up to 96 hours without charge 
or access to a lawyer and may petition a judge to extend detention by 
an additional 48 hours. Suspects must be either charged or released 
after a maximum of six days.

    Pretrial Detention.--Long delays in bringing cases to trial and 
lengthy pretrial detention were problems. Although pretrial detention 
was generally allowed only if the suspect could be sentenced to more 
than three years in prison, a few suspects spent many years in 
detention before trial. According to government statistics for 2007, 
the most recent available, the average length of pretrial detention was 
5.7 months, an increase of 10 percent since 2001.
    In September the Paris Magistrates Court (Tribunal de Grande 
Instance) ordered the state to compensate Cedric B. 8,000 euros 
($10,400) for being held 11 years in prison before being tried for 
armed robbery.
    In December 2010 the Paris Criminal Court sentenced two members of 
the terrorist organization Basque Fatherland and Liberty (ETA), Mikel 
Antza and Soledad Iparragirre Genetxea, to 20 years in prison after 
they had been held over six years.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice. However, delays in bringing cases to 
trial were a problem.
    The Tribunal of the Armies is a military court for acts committed 
outside the country. The court tries only military personnel. In July 
2010 parliament closed the tribunal, effective January 1, 2011. The 
Paris Magistrates Court assumed responsibility for cases formerly 
handled by the tribunal.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Defendants enjoy a presumption of innocence. Except for those 
involving minors, trials are public and usually held before a judge or 
tribunal of judges. In cases where the potential punishment exceeds 10 
years' imprisonment, a panel of professional and lay judges hears the 
case. Defendants have the right to be present and to consult with an 
attorney in a timely manner. An attorney is provided at public expense 
if needed when defendants face serious criminal charges. Defendants are 
able to question the testimony of prosecution witnesses against them 
and present witnesses and evidence in their defense. Defendants and 
their attorneys have access to government-held evidence relevant to 
their cases. Defendants have a right to appeal.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court for Human Rights (ECHR) issued 23 judgments that found 
at least one violation by the state of the European Convention on Human 
Rights. The government generally complied with ECHR decisions.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters and access to a court to bring 
lawsuits seeking damages for, or cessation of, human rights violations. 
Individuals can file complaints with the ECHR for alleged violations of 
the European Convention on Human Rights by the state once they have 
exhausted avenues for appeal through the domestic courts.

    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.
    On October 18, the head of the counterintelligence services was put 
under investigation for possession of private correspondence, illicit 
collection of data, and possession of confidential documents (see 
section 2.a.).
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. 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.--While individuals could criticize the 
government publicly or privately without reprisal, there were some 
limitations of freedom of speech. Strict antidefamation laws prohibit 
racially or religiously motivated verbal and physical abuse. Written or 
oral speech that incites racial or ethnic hatred as well as denial of 
the Holocaust and crimes against humanity are illegal. Authorities may 
deport a noncitizen for publicly using ``hate speech'' or constituting 
a threat of terrorism.

    Freedom of Press.--While the independent media were active and 
generally expressed a wide variety of views without restriction, the 
media were subject to the same antidefamation laws that limited freedom 
of speech.
    In October 2010 the NGO SOS Racism filed a lawsuit against perfumer 
Jean-Paul Guerlain following an October 15 national television 
interview during which he used a racial epithet for ethnic Africans. 
The trial's verdict was due in March 2012.
    In December 2010 the Fort-de-France Criminal Court on Martinique 
convicted businessman Alain Huygues-Despointes for praising crimes 
against humanity. The conviction stemmed from a 2009 television 
interview in which Huygues-Despointes stated there were ``positive 
aspects'' of slavery and criticized mixed-race marriages because he 
wanted to ``preserve'' his race. The judge ordered him to pay a 7,500 
euro ($9,750) fine. The Fort-de-France criminal court subsequently 
rejected Huygues-Despointes's appeal and ordered him ordered to pay a 
20,000 euro ($26,000) fine as well as pay for the full-page publication 
of the judgment against him in the local newspapers. Huygues-Despointes 
filed an appeal with the court of cassation; a court date had not been 
set by year's end.
    In January 2010 parliament passed a law that provides additional 
protections to journalists and limits the instances where the 
government can compel them to reveal their sources. By law journalists 
can be compelled to reveal sources only in cases where serious crimes 
have taken place and access to the sources is required to complete the 
investigation.
    In September 2010 the newspaper Le Monde filed a lawsuit allegedly 
targeting the President's Office, alleging that it violated the law 
providing for the secrecy of journalistic sources. It accused the 
President's Office of ordering the counterintelligence services to find 
the source of a leak in the investigation of a government corruption 
scandal. The head of the National Police subsequently admitted that the 
counterintelligence services investigated this subject to identify a 
former member of the former minister of justice's staff who had leaked 
the information. On October 18, the head of the counterintelligence 
services was put under investigation for possession of private 
correspondence, illicit collection of data, and possession of 
confidential documents. His trial was not expected to take place for 
several years. On October 28, the judge ruled that no charges would be 
filed against the head of the National Police.

    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. There were 
no reports that the government attempted to collect the personally 
identifiable information of a person in connection with that person's 
peaceful expression of political, religious, or ideological opinions or 
beliefs.

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

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

    c. Freedom of Religion.--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, asylum seekers, stateless persons, and other persons of 
concern.
    The law requires persons engaged in itinerant activities with a 
fixed domicile to sign a declaration that must be renewed periodically. 
Itinerant persons without a fixed abode must possess travel documents 
that must be renewed every three months and must choose a city of 
residence for administrative purposes.
    During the year the government dismantled unauthorized Roma camps 
across the country and compulsorily repatriated those who were living 
illegally in the country. The law prohibits the collection of 
statistics on the basis of ethnic and religious origin, but the 
government tabulates the number of Romanian and Bulgarian citizens (who 
comprised the bulk of the Romani migrants) in the country. According to 
EU and French regulations, Romanian and Bulgarian citizens may remain 
in the country for a maximum of three months unless they are employed 
or enrolled in school.
    According to a Ministry of Interior study, authorities compulsorily 
repatriated 4,714 Romanian and Bulgarian nationals in the first three 
months of 2011 and dismantled 70 percent of the illegal camps 
identified by the government since July 2010. The NGO European Roma 
Rights Center reported that between April and October 2011, it 
registered 46 evictions that affected a total of 5,753 persons. In 
Marseille several camp evictions affecting hundreds of Roma took place 
between June and September, according to Medecins du Monde and media 
reports. On September 4, Amnesty International expressed its concern 
following the eviction of approximately 150-200 Roma from a camp in 
Saint-Denis on September 1, during which Roma were escorted by police 
on a RATP tram to Noisy-le-Sec, where they were reportedly forced to 
board a suburban commuter train. Politicians, RATP unions, and NGOs 
also voiced concern over the incident. On September 29, Human Rights 
Watch (HRW) reported that since mid-September, hundreds of Roma were 
evicted from illegal settlements in Lyon. HRW reported that ``in one 
case, the police told a group of 80 to 100 Roma, including many 
children, who had been seeking new shelter for two days and nights 
following an eviction, to go to another informal camp.''
    According to law, for an eviction of a Roma camp, or any residence, 
to occur, a town's mayor must file a request to the administrative 
court, which then rules on the legality of the camp. If the camp is 
found to be illegal, residents are given between three and 30 days' 
advance notice that they must abandon the premises. If they do not do 
so, the mayor or prefect may authorize an eviction of the camp.
    According to the Minister of Interior, policies to combat illegal 
immigration became more effective after the passage of a new 
immigration law on June 16. During the year the government compulsorily 
repatriated 32,922 migrants who were in the country illegally, 
according to Interior Ministry statistics. There were no statistics 
available on the total number of Romanian and Bulgarian citizens 
compulsorily repatriated in during the year; however, the NGO Hors la 
Rue estimated that Roma comprised approximately 30 percent of 
compulsory repatriations each year. NGOs also report that some Roma 
were compulsorily repatriated multiple times during the same year. 
According to official statistics, 9,761 Romanian and Bulgarian citizens 
were repatriated in 2010, a 21 percent decrease from 2009.
    On September 12, Interior Minister Claude Gueant announced measures 
to address illegal Romanian immigration, including forced deportations 
of minors to their country of origin, increased surveillance at points 
of entry, and laws prohibiting panhandling in heavily trafficked 
tourist areas in Paris. The measures also include close cooperation 
between French and Romanian police and judicial authorities. During the 
year 40 police officers from Romania were sent to Paris to help 
dismantle criminal networks. The measure was successful, resulting in 
the breakup of a large Romanian-based prostitution network and the 
detention of 15 persons in November.
    The government also offered foreign Roma living illegally in the 
country voluntary repatriation. It provided each person who accepted 
voluntary repatriation with an airplane ticket and 300 euros ($420) per 
adult and 100 euros ($130) per child. Those who did not accept 
voluntary repatriation were processed for deportation. While 
immigration judges approved most deportation orders, they refused some. 
NGOs reported that many Roma who accepted voluntary repatriation had 
returned to France by the end of the year.
    On November 9, the Council of Europe issued an experts' report 
stating that the 2010 deportation of more than 1,000 Roma of Romanian 
and Bulgarian origin was ``based on discriminatory provisions that 
directly targeted Roma individuals and their families.'' It stated that 
the voluntary returns were ``disguised forms of forced collective 
expulsions.'' The report also noted that the demolition of hundreds of 
illegal Roma camps was ``discriminatory'' and ``contrary to human 
dignity'' constituting an ``aggravated violation of human rights.''
    On June 16, parliament passed a law toughening the country's 
immigration and nationality regime. The law contains provisions that 
allow foreigners seeking medical treatment in France to be eligible for 
a residence permit only if the treatment is not available in their 
country of origin; provide for punishment of fraudulent marriages for 
immigration purposes by up to five years' imprisonment and a 15,000 
euro ($19,500) fine; provide for the deportation of EU citizens who 
abuse the right to remain in the country for more than three months 
without a visa by repeatedly leaving and returning to the country or 
who are imposing an undue cost on public services; provide for the 
deportation of persons who pose a threat to public order by committing 
theft or aggressively begging; implement new administrative measures to 
facilitate the deportation process; and require foreigners applying for 
citizenship to sign a ``charter of rights and obligations of 
citizenship.''
    In July HRW sent a letter to the EU Commission voicing concern that 
the country's new immigration bill weakens the rights of asylum seekers 
and migrants. It also stated that the law does not comply with the 
country's obligations under EU freedom of movement rules and 
international human rights law. According to HRW, amendments to the law 
give the government wider authority to expel EU citizens for ``abuse of 
rights,'' such as exploitation of begging or ``abusive'' occupation of 
land, and for repeat short-term stays. Contrary to government claims, 
HRW asserted that since June Roma had been ordered to leave the country 
``for the simple reason that they had been in France before,'' ``even 
though their current stay was under three months and permitted under EU 
law.''

    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 system for granting refugee status was active and 
accessible. Although asylum application forms submitted to the Office 
for the Protection of Refugees and Stateless Refugees (OFPRA) must be 
completed in French, application instructions were available in 
English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic.

    Safe Country of Origin/Transit.--The government considers 20 
countries to be ``safe countries of origin'' for purposes of asylum. 
While individuals originating from one of these safe countries of 
origin may apply for asylum, they can only receive a different form of 
temporary residence status allowing them to remain in the country.

    Nonrefoulment.--In practice the government provided protection 
against the expulsion or return of persons to countries where their 
lives or freedom would be threatened because of race, religion, 
nationality, membership in a particular social group, or political 
opinion. Authorities take into account the ability of the state 
concerned to offer protection to the person in danger from persecution 
by nonstate agents. However, human rights groups regularly criticized 
the government's deportation practices, pointing out that the 
government was deporting illegal Afghan immigrants back to a war-torn 
country.
    During the year La Cimade, a French NGO that offers legal advice to 
immigrants, criticized the increase in deportations, claiming that they 
were taking place without respecting the typical grace period during 
which individuals may appeal their deportation.

    Refugee Abuse.--On August 21, a local judge ruled that the 
detention of a Roma family in Lille was illegal because of ``inhumane 
and degrading treatment'' at the center where they were held. The 
father, mother (who was four-months pregnant at the time), and their 
three children were released from the detention center, but the 
deportation order against them remained in place.

    Temporary Protection.--The government also provided temporary 
protection to individuals who may not qualify as refugees but who may 
be exposed to certain serious risks if they returned to their country 
of origin. The government granted temporary protection to 10,340 
persons in 2010, according to OFPRA. Individuals may renew their status 
for a period of one year.

    Stateless Persons.--Citizenship is derived both from one's parents 
and from one's place of birth. A child born in the country to foreign 
parents may acquire citizenship at birth if stateless.
    According to OFPRA and UNHCR statistics, there were 1,131 stateless 
persons in the country at the end of 2010. Stateless persons receive 
benefits from OFPRA, which is charged with the implementation of 
international conventions on refugees and stateless persons. A person 
declared ``stateless'' by the government is provided a three- or 10-
year residence permit marked ``private and family life'' and allowed to 
work.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage. 
Political parties generally operated without restriction or outside 
interference.
    Travellers (an itinerant group of individuals) without fixed abodes 
were permitted to vote in municipal elections only after a three-year 
period of ``attachment'' to a municipality. Traveller groups asserted 
that this requirement, which is based on special legislation applying 
only to itinerant groups, was discriminatory, since other French and EU 
citizens, including homeless persons, were able to vote after a six-
month attachment period.

    Elections and Political Participation.--Recent Elections.--The 2007 
national parliamentary and presidential elections were deemed free and 
fair. In March 2010 the country held regional elections that 
independent observers considered free and fair. Cantonal elections took 
place in March 2011 and were free and fair.

    Participation of Women and Minorities.--As a result of the 
September 25 senatorial elections, there were 185 women in the two 
chambers of the 925-seat parliament, 108 in the National Assembly and 
77 in the Senate. There were nine female ministers in the 34-member 
ministerial cabinet. Women made up 48 percent of regional council 
members, 13.8 percent of departmental council members, and 34.8 percent 
of municipal council members. They held two presidencies of the 22 
regional councils, four presidencies of the 101 departmental councils, 
and 14 percent of mayoral positions. The law requires political parties 
to present candidate lists containing equal numbers of male and female 
candidates or face fines.
    Because the law prohibits the government from collecting 
information on the racial or ethnic background of residents of the 
country, no statistics on minority participation in government were 
available. With the exception of parliamentary representatives from 
some of the overseas territories where the populations were 
predominantly of non-European origin, minorities appeared to be 
significantly underrepresented in the government. At year's end there 
was only one black member of the National Assembly. As of year's end, 
President Sarkozy had appointed six female minority officials to his 
cabinet.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
some reports of government corruption during the year.
    In August 2010 the governing UMP party and Paris mayor Bertrand 
Delanoe reached a settlement in the Paris Magistrates Court for alleged 
corruption that took place from 1977 to 1995 under the mayoral 
administration of former president Jacques Chirac. According to media 
reports, the UMP paid the city 550,000 euros ($715,000) in exchange for 
the city's withdrawing its civil complaint. An anticorruption NGO 
(Anticor) continued to pursue the two separate, but related, charges 
despite the deal with Paris City Hall. The trial of the former 
president, as well as nine other defendants, opened on September 5. Due 
to a medical condition, Chirac was not present at the trial. On 
September 20, a Paris prosecutor asked that former president Chirac and 
nine others be acquitted on all charges. On December 15, the court 
ruled that Chirac was guilty of corruption and gave him a two-year 
suspended sentence.
    On August 4, a judicial panel of the French Court of Justice, which 
investigates allegations of misconduct against public officials, opened 
an investigation of Christine Lagarde, managing director of the 
International Monetary Fund. Charges against Lagarde centered on her 
alleged ``abuse of authority'' when, in 2007, she intervened and 
ordered a special panel of judges to arbitrate a legal dispute begun in 
1993 by Bernard Tapie over the sale of the Adidas company by Credit 
Lyonnais. In 2008 the parties came to an out-of-court settlement of 285 
million euros ($371 million). The accusations against Lagarde included 
``complicity in falsification'' and ``complicity in the 
misappropriation of public goods,'' potentially punishable by a 10-year 
prison sentence and a fine of 150,000 euros ($195,000). The 
investigation continued at year's end.
    The IGS, IGPN, and Inspectorate of the National Gendarmerie 
actively investigated and prosecuted allegations of police and gendarme 
corruption. In 2010 the IGS reported that it conducted 1,200 judicial 
and administrative investigations that led to 3,000 proposals for 
sanctions. The IGPN conducted 300 investigations in 2010 that led to 
250 proposals of sanctions. However, AI accused the government of 
failing to punish properly all cases of police misconduct and 
corruption.
    On May 26, the criminal court of Bobigny sentenced three members of 
the state security police to 18 months in jail and a one-year suspended 
prison sentence for extorting money from three taxi drivers in 2006. 
They were also ordered to compensate the drivers 4,000 ($5,200) to 
5,000 ($6,500) euros each.
    The president, parliamentarians, members of the European 
Parliament, ministers, regional and departmental council heads, mayors 
of larger communities, and directors of state-owned companies (post 
office, railway, and telephone) are required to declare their personal 
assets to the Commission for the Financing Transparency of Political 
Life at the beginning and the end of their terms. The commission issues 
periodic reports on officials' financial holdings on a discretionary 
basis at least once every three years.
    The law provides for public access to government information, and 
the government provided access in practice for citizens and 
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights 
organizations generally operated, investigated, and published their 
findings on human rights cases without government restrictions. 
Government officials were cooperative and responsive to their views.

    Government Human Rights Bodies.--Prior to May, the High Authority 
for the Fight against Discrimination and for Equality (HALDE) was the 
independent administrative authority that judged all discrimination, 
direct or indirect, prohibited by domestic law or an international 
agreement to which the country is a party. The National Consultative 
Commission on Human Rights (CNCDH) served in an advisory role to the 
government on human rights and produced an annual report on racism and 
xenophobia in the country.
    The defender of rights, the equivalent of an official ombudsman for 
civil liberties, heads the four merged agencies that deal with human 
rights issues: the state mediator, HALDE, the defender of children, and 
the National Committee on Security Ethics (CNDS). Dominique Baudis was 
appointed the defender of rights on June 22. While it was too early to 
draw conclusions on the mission's accomplishments, media observers 
regularly questioned the independence of the organization. Opposition 
politicians and human rights groups also alleged that the selection of 
the ombudsman by the president meant the position has less freedom when 
assessing government policies.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, and the government 
generally enforced these prohibitions.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, and the government generally enforced the law 
effectively. The penalty for rape is 15-years' imprisonment and may be 
increased due to the age of the victim or the nature of the 
relationship of the rapist to the victim. The government and NGOs 
provided shelters, counseling, and hotlines for rape victims.
    According to the National Observatory for Delinquency and Criminal 
Responses (ONDRP), a total of 10,108 rapes were registered in the 
country in 2010. A report published by three NGOs estimated that there 
are 75,000 victims of rape each year. The Ministry of Justice and 
Liberties reported 1,092 convictions for rape in 2009, the most recent 
year for which data was available.
    Violence against women was a problem. The law prohibits domestic 
violence against women, including spousal abuse, and the government 
generally enforced it. The penalty for domestic violence varies 
according to the type of crime, ranging from three years in prison and 
a fine of 45,000 euros ($58,500) to 20 years in prison. The government 
sponsored and funded programs for female victims of violence, including 
shelters, counseling, hotlines, free mobile phones, and a media 
campaign. The government also supported the work of 25 associations and 
NGOs dedicated to fighting domestic violence.
    The government budgeted 31.6 million euros ($41.1 million) to fund 
its 2011-13 plan to combat violence against women, which represented a 
30 percent increase over the previous three-year plan. The program 
focused on increasing protection and social assistance for victims, 
increasing the number of shelters available to them, raising awareness 
about rape and violence against women, and better training health-care 
workers and other government employees to identify victims.
    The government reported that 146 women were killed by their spouses 
in cases of domestic violence in 2010, a 4 percent increase from 2009, 
when 140 women were killed. According to estimates by the National 
Institute for Statistics and Economic Studies (INSEE), 663,000 women 
were victims of domestic violence during 2010.

    Female Genital Mutilation (FGM).--The law prohibits FGM as 
``violence involving mutilation or permanent infirmity.'' It is 
punishable by up to 10 years in prison and a fine of 150,000 euros 
($195,000). The sentence increases to 20 years if the crime involves a 
minor under 16 years of age. The statute of limitations for FGM is 20 
years after the victim turns 18.
    According to the French NGO Women for the Abolition of Sexual 
Mutilations, 30,000 female adults and minor women in the country were 
circumcised or at risk of FGM in the country. The National Institute 
for Demographic Studies estimated that 53,000 women were circumcised or 
under threat of FGM during the year.
    The majority of FGM victims were recent sub-Saharan African 
immigrants or their children. One study concluded that FGM had become 
less prevalent due to awareness campaigns, but prevention and 
information efforts were needed to cover children at risk during family 
visits to their countries of origin. The government provided 
reconstructive surgery and counseling for FGM victims.
    On October 20, a suburban Paris couple was indicted and taken into 
custody for circumcising three of their five daughters. The parents, 
who were of Malian origin, refused to name the person responsible for 
the mutilations but confirmed the incidents took place in France when 
their daughters were two or three years old. A trial date had not been 
set by year's end. The three youngest daughters were taken into 
temporary court custody.

    Sexual Harassment.--The law prohibits gender-based job 
discrimination and harassment of subordinates by superiors, but it does 
not apply to relationships between peers. Sexual harassment was not 
widely considered a problem in the workplace. Both the government and 
NGOs widely publicized the laws, and the government enforced them 
effectively. According to the Ministry of Justice, 78 abusers were 
sentenced for sexual harassment in 2009, the most recent year for which 
data was available; the statistics did not specify the gender of the 
victims. A July 2010 law to combat violence against women increased the 
penalty for sexual harassment to 15,000 euros ($19,500) and one year in 
prison. The government's 2011-13 plan to combat violence against women 
includes a study on sexual harassment and an awareness campaign.

    Reproductive Rights.--There was easy access to contraception, 
skilled attendance during childbirth, and women were diagnosed and 
treated for sexually transmitted infections, including HIV, equally 
with men. Couples and individuals were free to decide freely and 
responsibly the number, spacing, and timing of their children, and had 
both the information and means to do so free from discrimination, 
coercion, and violence.

    Discrimination.--The law prohibits gender-based job discrimination 
and harassment of subordinates by superiors, but it does not apply to 
relationships between peers. Under the constitution and law, women have 
the same rights as men in family law, property law, and the judicial 
system. The secretary of state for solidarity and social cohesion is 
responsible for the legal rights of women. The constitution and law 
provide for equal access to professional and social positions.
    The law requires that women receive equal pay for equal work. 
However, governmental organizations and NGOs estimated that there was a 
gender-based pay discrepancy of approximately 27 percent in practice. 
Although they made up 61 percent of the public sector's workforce, 
women were underrepresented in managerial jobs and continued to face 
difficulties attaining positions of responsibility. According to a 
survey of the top 500 companies in the country released during the 
year, 10 percent of executive-board members were women.
    Women were generally underrepresented in the legislature and other 
levels of government leadership. Statistics released in November 2010 
by INSEE indicated that the unemployment rate was 9.4 percent for men 
and 9.1 percent for women.

    Children.--Birth Registration.--Citizenship is derived both from 
one's parents and the place of one's birth. Children born within the 
country's territory to at least one French citizen parent automatically 
acquire citizenship at birth. A child born in the country to foreign 
parents may acquire citizenship at birth if stateless or acquire the 
right at the age of 18 with five years of residence.

    Child Abuse.--There are strict laws against child abuse by parents 
or guardians, and the government generally enforced the law effectively 
and prosecuted abusers. In 2010 parliament passed a law making incest a 
crime. Previously, authorities prosecuted incest under laws that 
prohibit rape and sexual assault. On September 16, the Constitutional 
Council ruled that the law making incest a crime was illegal because 
the definition of those who might be prosecuted was imprecise.
    The law provides for a government children's advocate, who is 
charged with defending and promoting children's rights as defined by 
law. Child abuse was generally not considered a problem. On May 1, the 
government merged the position of defender of children into that of the 
defender of rights.
    The government provided counseling, financial aid, foster homes, 
and orphanages for abuse victims. Various NGOs also helped minors in 
cases of mistreatment by parents.

    Child Marriage.--The minimum legal age for marriage is 18. Child 
marriage was a problem, particularly in communities of African or Asian 
origin. Although such marriage ceremonies took place primarily outside 
the country, authorities took steps to address the problem. Parents may 
be prosecuted in these cases. Women and girls could seek refuge at 
shelters if their parents or guardians threatened them with forced 
marriage. The government offered some educational programs to inform 
young women of their rights. The High Council for Integration stated it 
was important to distinguish between arranged and forced marriage. 
According to human rights observers, 70,000 children between the ages 
of 10 and 18 were at risk of being forced into a marriage.
    According to a study conducted in 2008 and published on June 23 by 
the National Institute for Demographic Studies (INED) and INSEE, the 
number of forced marriages was declining among immigrants and French 
citizens of immigrant descent. According to the report, 9 percent of 
women between 51 and 60 were married against their will, with two-
thirds of these marriages taking place in their countries before 
immigrating to France. In 13 percent of these cases, the bride's 
consent had been severely coerced. Among women between the ages of 26 
and 30, the percentage of forced unions was down to 2 percent, and the 
percentage of marriages based on coerced consent was down to 3 percent. 
The rate of forced marriages of women between the ages of 26 and 40 
originating in Turkey and countries in North Africa and the Sahel 
remained between 4 and 8 percent. In many cases women of immigrant 
descent were forced to marry after becoming pregnant.

    Sexual Exploitation of Children.--The law criminalizes statutory 
rape of minors under the age of 16, the minimum age of consensual sex, 
and the government generally enforced the law effectively. The penalty 
for statutory rape is 15 years' imprisonment and may be increased, 
depending on the age of the victim or the nature of the relationship of 
the rapist to the victim. The government and NGOs provided shelters, 
counseling, and hotlines for statutory rape victims. The law prohibits 
child pornography; the maximum penalty for its use and distribution is 
five years imprisonment and a 75,000 euro ($97,500) fine.
    As a result of a joint French, Spanish, Italian, and Belgian 
investigation, French and Italian police arrested Fehim Hamidovic and 
approximately 20 other co-conspirators in November and December 2010. 
In February 2011 French authorities accused Hamidovic of trafficking 
teenage girls, most of them of Romani descent, from Bosnia and 
Herzegovina. The girls were forced to beg and steal, most often in the 
Paris subway, and were expected to bring back 300-1,000 euros ($390-
$1,300) per day to their traffickers. The girls were threatened with 
violence or rape if they did not comply with their traffickers. As of 
year's end, a trial date had not been set.
    In April Bordeaux' s criminal court sentenced three French 
nationals to three to five years in prison, followed by eight years of 
probation, for having sex with underage Bulgarian male prostitutes. The 
parents of the Bulgarian boys were also scheduled to stand trial, but a 
court date had not been set as of year's end.

    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 community was estimated at 600,000 
persons. A number of anti-Semitic incidents were reported during the 
year, including slurs against Jews and attacks on synagogues and 
cemeteries. According to the Ministry of Interior, Overseas France, 
Local Authorities, and Immigration, there were 466 anti-Semitic 
incidents in 2010. On June 30, Interior Minister Claude Gueant 
announced that 185 anti-Semitic acts were committed from January 1 to 
May 31, compared with 222 over the same period in 2010. In a report 
released in October, the Jewish Community Protection Service (SPJC) 
announced that 294 anti-Semitic acts were committed in the country 
between January 1 and September 30. This number was a decrease from the 
384 acts that were reported during the same period in 2010.
    During the year several violent anti-Semitic attacks were reported. 
The SPJC reported 36 acts of violence from January 1 to September 30. 
No killings or attempted killings were reported.
    On the evening of June 18, a 21-year-old Jewish man in 
Villeurbanne, a suburb of Lyon, was insulted and attacked twice while 
walking alone to visit a friend on the Sabbath. In the first attack, 
two individuals beat the man with a hammer. In the second, a group of 
eight assailants, who had been alerted by the first attackers, 
assaulted the man with a scooter, a motorcycle helmet, and a telescopic 
police club. Bystanders interrupted the second attack. The victim's 
injuries were not life threatening but caused him to miss three days of 
work. Police arrested three suspects and identified four other persons 
who participated in the second attack. The assailants were released but 
were scheduled to be formally charged before an examining judge. A 
trial date had not been set by year's end.
    During the year a number of attacks against synagogues, cemeteries, 
and other Jewish property were reported, including symbolic attacks in 
which the perpetrators painted swastikas on the property.

    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 law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, and the provision of other government services. The government 
generally enforced these provisions effectively.
    During the year the Fund Management Organisation for the 
Professional Integration of People with Disabilities (Agefiph) reported 
that 19.3 percent of persons with disabilities were unemployed, twice 
the national rate. The law requires that at least 6 percent of the work 
force of companies with more than 20 employees be persons with 
disabilities. Noncompliant companies could face criminal fines. 
Although many companies were unaware of this legal obligation, in 
practice persons with disabilities made up on average 6 percent of the 
work force of companies that were subject to the law. More than six of 
the 14 government ministries did not meet the 6 percent goal.
    The law provides for government compensation to persons for the 
consequences of a disability and requires that buildings, education, 
and employment be accessible to them. The law requires that any new 
building with public or community space and any existing public 
building be accessible for persons with disabilities. Many buildings as 
well as transportation systems did not meet these requirements. The law 
also requires the establishment of centers in each administrative 
department to assist disabled persons with receiving compensation and 
employment assistance.
    In September 2010 the president announced that social security 
payments to adults with disabilities would continue to increase by 5 
percent per year until 2012. During the year the government paid adults 
with disabilities 743.62 euros (approximately $967) per month.

    National/Racial/Ethnic Minorities.--Societal violence and 
discrimination against immigrants of North African origin, Roma, and 
other ethnic minorities remained a problem.
    On September 16, a Paris appeals court overturned the June 2010 
conviction of the former minister of the interior, overseas France, 
local authorities, and immigration, Brice Hortefeux, for racial 
slander. The charges were related to remarks Hortefeux allegedly made 
to a young party activist of Arab origin during a UMP party event. 
Hortefeux was caught on camera saying, ``When there is one, it's OK. 
It's when there are a lot of them, that there are problems,'' in 
reference to persons of North African origin. The trial court had fined 
him 750 euros ($975) and ordered him to pay 2,000 euros ($2,600) to an 
antiracism organization. Following the appeals court decision, the NGO 
Movement against Racism and for Friendship between Peoples (MRAP) 
announced that it would file an appeal before the Court of Cassation.
    On April 4, the NGO SOS-Racism filed a complaint against Interior 
Minister Claude Gueant after he told journalists during a trip to 
Nantes that the growing number of Muslims in the country ``poses a 
problem.''
    Many observers expressed concern that discriminatory hiring 
practices in both the public and the private sectors deprived 
minorities from sub-Saharan Africa, the Maghreb, the Middle East, and 
Asia of equal access to employment.
    According to an INSEE survey conducted in 2009, the most recent 
year for which data was available, the unemployment rate of immigrants 
was nearly twice that of nonimmigrants (16 percent versus 8.4 percent). 
The survey showed that children of immigrants also had higher 
unemployment rates than did the children of two French parents. 
According to the report, lower levels of education and experience for 
the children of immigrants were only partly responsible for the higher 
unemployment rate.
    Societal hostility, government evictions, and compulsory 
repatriations, many of which were aimed at illegal immigrants from 
Romania and Bulgaria, continued to be serious problems. During the year 
authorities evicted and compulsorily repatriated thousands of Romanian 
and Bulgarian citizens, many of whom were Roma (see section 2.d.).
    On October 27, AI reported a suspected arson attack on Roma 
squatters in an unused warehouse in Paris and, citing ``the general 
climate of intolerance and prejudice towards Roma in France,'' called 
on authorities to investigate and consider whether racial motivation 
was involved. The Prosecutor's Office ordered the Judicial Police to 
investigate. AI also called on authorities to provide emergency 
accommodation for the approximately 40 persons left homeless by the 
fire.
    The NGO Medecins du Monde alleged that some Roma were subjected to 
pressure and intimidation by police.
    On March 1, unidentified assailants threw two Molotov cocktails 
into the camp of Romanian Roma not far from the Moger Castle east of 
Montpellier. No injuries were reported, but several caravans and 
vehicles were burned.
    Medecins du Monde reported two incidents of violence against Roma 
during the year. In August a police officer hit a girl on the head 
while she was trying to prevent officers from throwing out her 
belongings during an eviction. In October employees of Medecins du 
Monde encountered a woman in Arenc with two broken ribs. The woman 
reported that a group of young people threatened her and hit her with 
an iron bar.
    During the year several French NGOs reported deteriorating living 
conditions for Roma. A study by Doctors without Borders highlighted 
declining health within the Romani community, due in part to poor 
access to medical care. The study claimed that 2.5 percent of Roma 
living in itinerant camps had tuberculosis and only 8 percent were 
fully vaccinated. The newborn death rate among Roma was reportedly nine 
times higher than the national average.
    Travellers' organizations alleged that both itinerant Travellers 
and those with fixed abodes faced discrimination in education, housing, 
and access to government services. Other discrimination problems were 
particularly acute for Travellers, as some mayors denied school 
registration to children whose parents lived in illegal campsites. 
Travellers benefited from a special status that authorizes their 
children discontinuous school attendance without justification. School 
registration rates for Travellers were 66.7 percent in kindergarten, 
81.8 percent in primary schools, and 78.8 percent in high school, but 
absenteeism and breaks within the education system were frequent. 
According to a survey conducted by the NGO collective Romeurope that 
was released in February 2010, between 5,000 and 7,000 Romani children 
living in the country were not enrolled in school.
    Travellers were subject to laws that did not apply to residents 
with permanent residences. Individuals over the age of 16 not settled 
in one place must have a periodically renewed travel permit. Any delay 
in renewal entails a maximum fine of 1,500 euros ($2,200). Authorities 
did not consider Traveller caravans to be housing; as a result they 
were not entitled to housing assistance.
    The law requires municipalities with more than 5,000 inhabitants to 
provide a camping site with sanitary facilities and access to water and 
electricity. According to a parliamentary report released on March 9, 
48 percent of municipal authorities had established 16,000 campsites. 
However, there was still a shortage estimated at over 20,000 sites 
(according to authorities) or up to 60,000 sites (according to NGOs). 
At the end of the year, approximately 5,000 additional campsites were 
under construction or slated for construction.
    Citizens may report cases of discrimination based on national 
origin and ethnicity to HALDE. On May 1, HALDE merged into the office 
of the defender of rights. In 2010 HALDE received 12,467 discrimination 
claims, half of which concerned employment. HALDE issued opinions on 
approximately 300 cases per year and offered mediation for hundreds 
more.
    The government attempted to combat racism and discrimination 
through programs that promoted public awareness and brought together 
local officials, police, and citizen's groups. Some public school 
systems also managed antidiscrimination educational programs.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination on the basis of sexual orientation. Authorities pursued 
and punished perpetrators of violence against lesbian, gay, bisexual, 
and transgender (LGBT) persons. The NGO SOS Homophobia reported 1,500 
homophobic acts in 2010, a 20 percent increase compared with 2009. It 
reported that there were 125 instances of physical assault, a 43 
percent increase compared with 2009. After the NGO Inter-LGBT claimed 
that homosexual minors were frequently targeted for violence, the 
Ministry of National Education, Youth, and Community Life responded by 
asking schools to introduce lessons on tolerance and diversity.
    In January the Val-de-Marne criminal court convicted four men for 
attacking a young boy in 2006 because he was homosexual. The attackers 
received sentences of 16 to 20 years in prison.
    On May 16, the Ministry of Interior announced that a police or 
gendarme officer would be appointed in each station to record the 
lawsuits filed by victims of violence based on sexual orientation and 
gender.

    Other Societal Violence or Discrimination.--There was no societal 
violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide workers, including migrant workers, 
the right to form and join unions of their choice without previous 
authorization or excessive requirements. The law allows unions to 
conduct their activities without interference, and workers, except 
certain essential service workers such as police and armed forces, have 
the right to strike unless the strike threatens public safety. Health-
care and public transport workers are required to provide a minimum 
level of service during strikes. Workers must declare their 
participation in a strike at least 48 hours before the strike 
commences. Laws and regulations prohibit retaliation against strikers, 
and these laws were effectively enforced. The law provides for the 
right to bargain collectively.
    Workers exercised their rights to form and join unions, conduct 
union activities, and bargain collectively. Legal strikes were 
conducted during the year. Although the law prohibits antiunion 
discrimination, union representatives noted occasional reports of 
antiunion discrimination, particularly in small companies.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children. However, there were 
reports that such practices occurred. Men, women, and children, mainly 
from Eastern Europe, West Africa, and Asia, continued to be trafficked 
for the purpose of forced labor, including domestic servitude. There 
were no government estimates available on the extent of forced domestic 
labor. During 2010 the Committee against Modern Slavery received 239 
notifications and provided assistance to 126 victims, the majority of 
whom were women working in domestic 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 most forms of child employment, and the government 
implementation of laws and policies to protect children in the 
workplace was generally effective. The minimum age for employment is 
16. There are exceptions for those enrolled in certain apprenticeship 
programs or working in the entertainment industry; however, these 
industries are subject to further regulation of conditions and work 
hours for minors. Persons under the age of 18 generally are prohibited 
from performing work considered arduous or working between 10 p.m. and 
6 a.m. Inspectors from the Ministry of Labor, Employment, and Health 
investigated workplaces and generally enforced compliance with child 
labor laws.

    d. Acceptable Conditions of Work.--On November 30, the Council of 
Ministers raised the national minimum wage to 9.19 euros ($11.95) per 
hour. The Ministry of the Economy, Industry, and Employment enforced 
the minimum wage. The poverty-level income rate was 954 euros ($1,240) 
a month for an individual, 1,431 euros ($1,860) for a couple, and 2,000 
euros ($2,600) for a couple with two children under the age of 14. 
Salaries below the minimum wage were permitted for certain categories 
of employment, such as persons in subsidized jobs and internships, 
which must conform to separate, clearly defined standards. Employers, 
except those in the informal economy, generally adhered to the minimum 
wage requirement.
    The official workweek is 35 hours. Companies may negotiate opt-outs 
with employees. The maximum number of working days for white-collar 
workers is 235 days per year. Maximum hours of work are fixed at 10 
hours per day, 48 hours per week, and an average of 44 hours per week 
over a 12-week work period. Employees are entitled to a daily rest of 
at least 11 hours and a weekly break of at least 24 hours total, not 
including the daily rest period. Employers are required to give workers 
a 20-minute break during a six-hour workday. Premium pay of 25 percent 
is mandatory for overtime and on weekends and holidays. These standards 
were effectively enforced.
    The law sets basic occupational health and safety standards. The 
Ministry of Labor, Solidarity, and Public Sector is responsible for 
enforcing the law and did so effectively. In 2010 there were 
approximately 600,000 workplace accidents. As of 2007, there were 488 
labor inspectors in the country.

                               __________

                              GEORGIA \1\

---------------------------------------------------------------------------
    \1\ Note: Except where otherwise noted, figures and other data do 
not include the separatist, occupied regions of South Ossetia and 
Abkhazia.
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                           EXECUTIVE SUMMARY
    The constitution of Georgia provides for an executive branch that 
reports to the president, a unicameral parliament, and an independent 
judiciary. President Mikheil Saakashvili was reelected in January 2008 
in an election that international observers found consistent with most 
Organization of Security and Cooperation in Europe (OSCE) democratic 
election commitments. However, the OSCE also highlighted significant 
problems, including widespread allegations of intimidation and 
pressure, flawed vote-counting and tabulation processes, and 
shortcomings in the complaints and appeals process. These and other 
problems were also seen in parliamentary elections in May 2008, which 
OSCE observers concluded were uneven and incomplete in their adherence 
to international standards. Despite a large number of opposition 
parties, the executive and parliament were dominated by a single party. 
Security forces reported to civilian authorities.
    The most important human rights problems reported during the year 
were: 1) Abuse of prisoners and detainees by government officials as 
well as dangerously substandard prison conditions; 2) Shortfalls in the 
rule of law, such as concerns about ensuring the judiciary's 
independent and even-handed application of due process protections; and 
3) Government interference with unions' fundamental freedom of 
association in several areas, including interference with strikes, 
arbitrary dismissals, interference with collection of dues, and 
harassment and intimidation of labor activists.
    Other problems reported during the year included security forces' 
use of excessive force against demonstrators without criminal 
accountability, in particular during the breakup of opposition protests 
on May 26; harassment of members of the political opposition; and 
continued allegations of politically motivated imprisonment, primarily 
of individuals incarcerated prior to 2011. There were reports of 
improper government use of eminent domain to seize private property. 
Although parliament adopted a law providing for greater transparency of 
media ownership, citizens had limited access to diverse and unfettered 
media. While independent media were active and expressed a wide variety 
of views, the three largest television broadcasters reportedly had 
close ties to the government, and direct or indirect government 
influence over media outlets remained a concern. Protection of 
religious minorities improved, including parliament's adoption of a law 
to permit a broad range of religious groups besides the Georgian 
Orthodox Church to register as legal entities. Problems continued to be 
reported regarding the resettlement of internally displaced persons 
(IDPs). Other problems included lack of transparency in business 
ownership and the conduct of government bids. There were reports of low 
rates of women in elected positions. There were reportedly high rates 
of domestic violence. Georgia was primarily a source country, but also 
a transit country for trafficking in persons.
    Although the government took some steps to prosecute and punish 
officials who committed human rights abuses, investigations into such 
allegations were frequently terminated or delayed, contributing to an 
atmosphere of impunity.
    De facto authorities in the separatist regions of Abkhazia and 
South Ossetia remained outside the control of the central government. 
These authorities continued to be supported by several thousand Russian 
troops and border guards occupying the areas since the 2008 armed 
conflict between Russia and Georgia. A cease-fire remained in effect in 
both Abkhazia and South Ossetia, although incidents of violence 
occurred in both areas. Russian border guards restricted the movement 
of the local populations. De facto authorities continued to restrict 
the rights, primarily of ethnic Georgians, to vote, otherwise 
participate in the political process, own property, register 
businesses, and travel. The de facto South Ossetian authorities refused 
to permit most ethnic Georgians driven out during and after the 2008 
conflict to return to South Ossetia. With the exception of the 
International Committee of the Red Cross (ICRC), international 
organizations were not allowed regular access to South Ossetia to 
provide humanitarian assistance.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were several 
unconfirmed reports that the government or its agents committed 
arbitrary or unlawful killings.
    In one high profile case, friends of two men found electrocuted on 
the rooftop of a building near the location of the May 26 protests 
alleged their deaths were the result of police action. However, two 
forensic laboratories found the deaths to be consistent with accidental 
electrocution. On June 2, a third protest participant died of cardiac 
arrest, which his family maintained was related to being hit with a 
tear gas canister fired by police during the protest.
    In another case, the Free Democrats political party raised concerns 
regarding the September 17 death in detention of military officer Sergo 
Tetradze. Ministry of Defense officials arrested him on charges of 
espionage on September 17, and Ministry of Corrections officials 
informed his family of his death in custody one week later. Tetradze's 
wife stated she saw signs of torture on Tetradze at his hearing 24 
hours after his arrest and on his body after his death. Police records 
indicated Tetradze was held by military police for 19 hours, an 
unusually long period of time. His medical report at the time of 
incarceration noted light bruising and excoriations which, according to 
the report, Tetradze indicated were sustained prior to apprehension. An 
autopsy reported injuries inflicted with a firm blunt object on at 
least three occasions, once six-eight days before death, once five-six 
days before death, and again one day before death. Prison records and 
the subsequent investigation by the Ministry of Justice indicated 
Tetradze died of a heart attack on September 23 while receiving 
treatment for cardiovascular insufficiency in the prison hospital. The 
cause of death in the autopsy report was inconclusive, although it 
indicated that he had heart problems and that the injuries likely did 
not cause his death.
    On April 26, the European Court of Human Rights (ECHR) ruled that 
the authorities failed to conduct an effective investigation into the 
high-profile 2006 death of Sandro Girgvliani. The court found that the 
government failed to submit a number of requested items of evidence and 
noted with particular concern ``how the different branches of state 
power--including the Ministry of the Interior, the prosecution 
authority, the domestic courts, and the president of Georgia--had all 
acted in concert in preventing justice from being done'' in the case. 
Gia Alania, chief of the first unit of the ministry's department of 
constitutional security, and three of his subordinates, Avtandil 
Aptsiauri, Aleksandre Gachava, and Mikheil Bibiluri, were convicted of 
murder, but only served three years in prison as a result of a 
presidential pardon. The ECHR also ruled that the perpetrators acted in 
a personal capacity and therefore the government could not be held 
responsible for the killing. The court noted a number of serious flaws 
in the investigation conducted by authorities.
    Media reported that a landmine accident in South Ossetia resulted 
in one fatality and injuries. However, limited information about events 
in South Ossetia made it difficult to confirm reports of incidents in 
this region. The NGO HALO Trust and the ICRC reported one injury and 
one death from unexploded ordnance in uncontested Georgian territory. 
HALO Trust completed mine clearance of occupied Abkhazia and declared 
it mine-free in November.

    b. Disappearance.--No politically motivated disappearances in 
unoccupied Georgia or connected to the conflict in Abkhazia or South 
Ossetia were reported in 2011. Reliable information from the separatist 
regions, which were outside government control, remained difficult to 
obtain.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices. However, 
there were reports that government officials continued to employ them 
with limited accountability. The Public Defender's Office's annual 
Situation of Human Rights and Freedoms in Georgia report for 2010 
(released in June) stated that accountability for torture and other 
inhuman treatment remained a problem and that the Prosecution Service 
dealt with ``almost all cases'' superficially, terminating or delaying 
investigations and failing to conduct forensic medical examinations or 
postponing examinations until a victim's injuries were untraceable. In 
addition, officials who conducted investigations into allegations of 
torture often mischaracterized such acts as abuse of official power, 
which carried a far lighter sanction. The European Instrument for 
Democracy and Human Rights (EIDHR) September Atlas of Torture noted 
that beatings and excessive use of force were more likely to be 
administered based on political motivations, such as against 
demonstrators criticizing the government.
    EIDHR reported noticeable improvements with respect to curbing the 
excessive use of force as a routine practice during police 
interrogations and police detention, which they attributed to reforms 
and increased professionalism. However, they reported police still 
frequently used excessive force during arrest, interrogation, and 
transfer of detainees. In the 2010 National Preventive Mechanism Report 
(released in spring 2011), the Public Defender's Office noted frequent 
instances of prison employees mistreating detained and imprisoned 
individuals. In 2011 such cases were particularly prevalent in Kutaisi 
Prison No.2. The Public Defender's Office stated that investigations 
into allegations of mistreatment were inadequate. The public defender 
also noted that, unlike in pretrial detention facilities and 
penitentiaries, there were almost no cases of mistreatment in temporary 
detention cells where detainees were held for up to 72 hours awaiting a 
hearing, and individuals convicted of administrative offenses are held 
up to 90 days. According to the Public Defender's Office and human 
rights monitors, the incidence of abuse in temporary detention cells 
remained low due to continued, unannounced, random monitoring of 
stations by officials of the Ministry of Justice. However, the office 
reported that physical injuries were observed very frequently on 
individuals upon admission to police detention facilities.
    During the year NGOs and the public defender documented several 
cases of police officers mistreating detainees, beating or denying them 
water, food, access to sanitation, or permission to contact family or a 
lawyer. For example, police allegedly beat Murman Dumbadze while 
detaining him at the site of the May 26 protests and again when 
interrogating him at the Dighomi police station. Dumbadze reported 
that, while one officer was handcuffing him at the protest, a second 
officer beat him on the head, arms, and legs. He alleged that once he 
was taken to the police station, he was beaten, kicked, and whipped 
every two to three hours throughout the night. The police report 
confirmed injuries, including cuts, a broken nose, and extensive 
bruising. A criminal investigation by the Chief Prosecutor's Office 
into the alleged mistreatment continued at year's end.
    According to the public defender, mistreatment in penitentiary 
facilities where pretrial detainees and convicts are held continued 
during the year. EIDHR stated that the main source of mistreatment 
shifted from the police to the penitentiary system. The public defender 
stated that Kutaisi Prison No. 2, Gldani Prison No. 8, and the Medical 
Institution for Convicted and Indicted Persons had the highest rates of 
mistreatment in 2011. EIDHR alleged that both the Administration of 
Prisons and prison guards were involved in the abuse of detainees and 
added that ``special task forces'' at the central penitentiary 
department and in individual prisons were called in to ``bring about 
results.''
    Prisoner Ahmed Aboliv reported to the public defender that prison 
guards physically and verbally assaulted him twice on July 25. After 
being beaten, he allegedly was handcuffed naked in an isolation cell 
for two hours. After returning him to his cell, prison authorities 
denied him the medical treatment he requested for pain and nausea. 
Aboliv's cellmates and the public defender confirmed injuries 
consistent with the beating allegation. The Ministry of Correction and 
Legal Assistance initiated an investigation, but an examination on 
August 10--16 days after the alleged abuse--found no signs of physical 
injuries. An investigation by the Ministry of Justice continued at 
year's end.
    According to the Ministry of Justice, authorities initiated 20 
investigations into allegations of torture, nine into inhuman 
treatment, and one into the use of duress to compel evidence during the 
year, compared with 19 allegations of torture and 15 of inhuman or 
degrading treatment in 2010. During the year the Ministry of Justice 
reported that 14 cases were terminated and judgments were rendered 
against two persons (one police officer was convicted of torture, and 
another individual was convicted of inhuman treatment). In addition 
four police officers and two prison staff were convicted during the 
year of abuse of power against persons under their custody.
    NGOs and the Public Defender's Office reported that victims often 
failed to report abuse due to fear of retribution. NGOs also continued 
to claim that close ties between the Prosecutor General's Office and 
police hindered the ability of NGOs to substantiate police misconduct, 
and that the judiciary's lack of professionalism and independence made 
it unresponsive to allegations of mistreatment. Experts observed that 
judges referred detainee reports of mistreatment back to the 
institutions responsible for them. NGOs also cited lack of training for 
law enforcement officers, low public awareness of the protections 
afforded citizens, and inadequate standards of transparency and 
accountability.
    Individuals detained in South Ossetia who later returned to 
undisputed Georgian territory reported incidents of mistreatment and 
abuse in Ossetian detention centers. Mistreatment included cigarette 
burns, burns with the hot barrel of a gun, and beatings. Human rights 
observers estimated half of those detained by the South Ossetian de 
facto authorities experienced some form of abuse. Due to limited access 
to occupied South Ossetia, these reports were difficult to confirm.

    Prison and Detention Center Conditions.--The Public Defender's 
Office, EIDHR, and many NGOs continued to report that conditions in 
many prison and pretrial detention facilities were poor and sometimes 
life threatening. The public defender noted that, while newly 
constructed facilities met international standards, old facilities 
still in use were inhumane and deteriorating. Such facilities exposed 
those incarcerated to overcrowding, inadequate healthcare, insufficient 
ventilation, and life-threatening conditions.
    Most prison and pretrial detention facilities lacked adequate 
sanitary facilities. In its 2010 report Situation of Human Rights and 
Freedoms in Georgia, the Public Defender's Office noted that, in some 
penitentiaries, sanitary conditions and overcrowding were poor enough 
to amount to inhuman and degrading treatment. The public defender named 
Zugdidi Prison No. 4, Batumi Prison No. 3, and Tbilisi Prison No.1 as 
particular problematic sites. In Zugdidi No. 4 and Batumi No. 3, 
obsolete infrastructure made it impossible to eradicate parasites and 
rodents. The 2010 National Preventive Mechanism report noted that 
inmates in solitary confinement in Ksani Prison No. 15 were not given 
soap or toilet paper. The report also noted that prison officials 
frequently placed inmates in solitary confinement in Gldani Prison No.8 
for several days for punitive reasons and deprived them of beds, 
blankets, and mattresses. According to the public defender, 140 
prisoners died within the penitentiary system in 2011, compared with 
142 in 2010. Tuberculosis was the leading cause of prisoner death.
    The public defender's Situation of Human Rights and Freedoms in 
Georgia report also noted that conditions in temporary detention 
isolation cells continued to be an acute problem. These facilities were 
intended to hold detainees accused of crimes and awaiting a hearing for 
up to 72 hours and not to provide long-term detention. However, 
isolation cells also housed all individuals convicted of administrative 
offenses for up to 90 days. According to the public defender, 3,225 
persons served terms of administrative detention in the temporary 
detention isolation cells in 2011. The public defender noted numerous 
problems, including inadequate space, ventilation, natural light, 
heating, sanitation, and access to medical services. In many instances, 
administrative detainees were not provided bedding or access to 
showers.
    The Asatiani Psychiatric Institute in Tbilisi, cited in 2010 for 
``inhumane and degrading conditions,'' was closed in 2011 and its 
patients transferred to newer psychiatric facilities.
    Many prisons were severely short of medical facilities, equipment, 
and medicine. The 2010 Situation of Human Rights and Freedoms in 
Georgia report by the Public Defender's Office asserted that funding 
inequalities between the civilian health care system and health care in 
the penitentiary system violated international standards. The report 
acknowledged progress in reducing overcrowding but emphasized the 
continued high prison population, noting that overcrowding continued to 
compound poor conditions and inadequate health care. According to the 
public defender, eight facilities were overcrowded. As a result some 
inmates in three facilities did not have their own beds. According to 
the Ministry of Corrections and Legal Assistance, the inmate population 
at year's end was 24,114, compared with 24,019 in 2010. Of that 
population, 6.3 percent were pretrial detainees. The number of 
conditional early release prisoners increased from 242 in 2010 to 445 
during the year. The ministry attributed the stabilization in the 
prisoner population from 2010 to 2011 to the use of alternative methods 
of rehabilitation.
    International organizations that monitor prison conditions found 
that the country's space standards for prisoners were deficient. The 
National Preventive Mechanism report recommended that the country's 
judicial system employ lighter sentences or alternatives to 
incarceration for less dangerous criminals.
    During the year the Ministry of Justice focused on developing 
alternatives to incarceration for juveniles, implementing a diversion 
program for juvenile offenders. A key principle of the program was to 
allow young offenders to avoid criminal proceedings if they graduated 
from the program and did not commit further crimes. According to the 
ministry, 80 juveniles entered the program in 2011, and only four 
committed a new offense. At year's end there were 162 juveniles in the 
penitentiary system.
    As a result of a December 2010 order which provided the right of 
religious worship to prisoners and detainees, clergy of minority 
confessions reported substantial improvements. However, some Muslim 
leaders reported that incarcerated members of their community still 
lacked appropriate space to worship. While there were Georgian Orthodox 
chapels in most prisons, there were no specific nondenominational areas 
for worship.
    Authorities permitted prisoners to submit complaints to judicial 
authorities as well as to the Public Defender's Office, NGOs, 
international organizations, and lawyers without censorship. However, 
NGOs reported prison authorities pressured prisoners and their 
attorneys to withdraw their applications to the European Court of Human 
Rights (ECHR). In one case Archil Sakhvadze was allegedly beaten by 
prison guards in Prison No. 7 in 2010 and told to withdraw his case 
from the ECHR. According to the Justice Ministry, an examination of 
Sakhvadze revealed no signs of beating. An investigation continued at 
year's end.
    Prisoners also requested investigations of inhuman conditions. 
Authorities opened investigations into such allegations, but in many 
cases never officially completed them, filed charges, or took other 
disciplinary action against officials alleged to have committed abuses.
    The government permitted independent monitoring of prison 
conditions by international organizations and some local and 
international human rights groups. The ICRC had full access to prisons 
and detention facilities in undisputed Georgian territory and some 
access to prison and detention facilities operated by de facto 
authorities in Abkhazia and South Ossetia.
    Prison conditions in the two separatist regions were reported to be 
chronically substandard, although overcrowding reportedly was not a 
problem.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention. However, the government's 
observance of these prohibitions was uneven.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs has primary responsibility for law enforcement and 
controls the police force. During times of internal disorder, the 
government may also call on the armed forces. The Ministry of Finance 
has its own investigative service.
    While security forces were generally considered effective, there 
were some reports that members committed abuses with impunity (see 
sections 1.c. and 2.b.). Government investigations into reports of 
police abuses of protesters (see section 2.b.) resulted in the firing 
of four police officers, one demotion, and 11 reprimands, including of 
senior-level officials. Offenses included abuse of special means of 
coercion, physical assault of citizens, failure to manage subordinates 
properly, and failure to follow instructions. The public defender 
described the disciplinary action as an important deterrent, but 
insufficient, and called for a criminal investigation of human rights 
violations documented by his office.
    NGOs and the public defender maintained that the incidence of 
police abuse was higher than the number of cases investigated by the 
prosecutor general and that failure to conduct systematic 
investigations and pursue convictions of all alleged abusers 
contributed to a culture of impunity. Human rights NGOs also asserted 
that many instances of abuse went unreported by victims due to fear of 
reprisal or lack of confidence in the judicial system.
    According to the Ministry of Internal Affairs, its General 
Inspection Service imposed more disciplinary actions on law enforcement 
officers in 2011 than in previous years. Forms of punishment included 
reprimands, demotions, and dismissals. There were 1,017 such actions 
during the year compared with 861 in 2010. The ministry also reported 
that during the year 60 officers were arrested for committing various 
crimes, compared with 46 in 2010. Crimes during the year included 
corruption (seven cases), carrying or using narcotics (four), fraud or 
excessive use of authority (17), abuse of authority (four), and 
misappropriation of state property (10).
    The Prosecutor General's Office manages all criminal investigations 
into allegations of torture and mistreatment by government officials. 
Prosecutors must investigate the use of force by police when a detainee 
sustains injuries during an arrest. The law requires the office to open 
an investigation when it receives information about a possible 
violation, even if from an anonymous source. If prosecutors conclude 
after investigation that charges are not warranted, their decision can 
be appealed to a higher level within the office. In some cases, the 
Prosecutor General's Office continued investigations indefinitely 
without issuing any findings. In most cases that were completed, the 
office concluded that the use of force by police was reasonable. The 
Human Rights Protection Unit in the Office of the Prosecutor General 
issued regular updates on the status of cases, trials, and 
investigations of human rights violations.
    The police academy provided basic training for 7,000 new police 
officers and retrained 2,000 police investigators during the year. The 
curriculum included human rights training and covered the legal basis 
for the use of force, proper crowd control, hate crime investigation, 
use of negotiations for managing critical situations with the goal of 
employing lawful force as a last resort, identification of trafficking 
cases, and police ethics.
    Specialized training on human rights was conducted in cooperation 
with international partners, such as the Council of Europe.

    Arrest Procedures and Treatment While in Detention.--Law 
enforcement officers must have a warrant to make an arrest except in 
exceptional cases where there are no less restrictive alternative 
measures available. According to the criminal procedure code, an arrest 
warrant can be obtained only where probable cause can be shown that a 
person committed a crime punishable by imprisonment, or that he or she 
may abscond or fail to appear in court, destroy evidence, or commit a 
new crime. The Georgian Young Lawyers Association (GYLA) reported that 
most arrests were made without a warrant based on ``immediate 
necessity,'' and courts later substantiated police action in almost all 
cases. The public defender considered unsubstantiated arrest warrants 
to be a systemic problem characteristic of most courts. According to 
the Ministry of Justice, there were no reports during the year of 
officials holding detainees without judicial review for longer than the 
72 hours permitted by law.
    Upon arrest, a detainee must be advised of all legal rights. Any 
statements made after arrest but before a detainee is advised of his or 
her rights are inadmissible in court. The arresting officer must 
immediately take the detainee to the nearest police station, and the 
detainee must be indicted within 48 hours or released. The arresting 
officer must make a record of the arrest immediately after the detainee 
is brought to the police station. The record should indicate the 
detainee's identity, place and time of arrest, circumstances of arrest, 
legal basis for the arrest, physical condition of the detainee at the 
moment of arrest, and the crime that the detainee is suspected of 
committing. The record must be signed by the arresting officer and the 
detainee, with a copy given to the detainee and his or her attorney.
    The judiciary's use of bail instead of pretrial detention increased 
during the year. However, NGOs noted that many defendants were not able 
to make bail even when it was granted. Property bonds and other 
alternatives to bail are permitted.
    While a detainee has the right to request immediate access to a 
lawyer and the right to refuse to make a statement in the absence of 
counsel, respect for this right in practice was uneven. For example, 
GYLA alleged that, immediately following the detention of strikers in 
Kutaisi in September (see section 7.a.), police denied holding them, 
thus preventing them from meeting with their attorneys, even though 
GYLA representatives could see the strikers through a window.
    An indigent defendant charged in a criminal case has the right to 
counsel appointed at public expense. In practice, all indigent persons 
appear to have been represented by legal aid counsel at their detention 
and/or bail hearings. However, persons who could not qualify as 
indigent and who could not obtain private counsel were often 
unrepresented at the bail or detention hearing stage of a criminal 
case. Court observers noted that, in Tbilisi City Court, such 
nonindigent persons were unrepresented in 23 percent of bail hearings. 
This represented a 54 percent decline from 2010, when similarly 
situated nonindigent defendants went unrepresented in as many as 50 
percent of detention or bail hearings.
    Approximately 150 protesters were unaccounted for in the period 
immediately after the May 26 protests, and the public defender stated 
most detainees were unable to exercise their rights to notify a third 
party of their whereabouts, consult legal counsel, or have access to 
medical care. All detainees were accounted for within two weeks, but 
there was credible evidence that they were moved to regional facilities 
without informing family members or the public defender (see section 
2.b.).
    By law detainees facing possible criminal charges have the right to 
notify their families of their location within three hours of their 
arrest, and those charged with administrative offenses have the right 
to notify family upon request. Detainees frequently reported to the 
Public Defender's Office that they were prevented from contacting 
family members after detention. GYLA reported police prevented many 
detainees from the May 26 protests from contacting family members for 
up to several days after their detention.

    Arbitrary Arrest.--The public defender reported cases of arbitrary 
detention of individuals during the year. NGOs, civil society groups, 
and opposition party members alleged that politically motivated 
arbitrary arrest occurred during the year. For example, opposition 
party members and NGOs alleged that Revaz Khulordava, the deputy head 
of the opposition Free Democrats faction in the Senaki City Council, 
was arrested on false, politically motivated charges in November. 
Khulordava was charged with the September stabbing of a man in Senaki 
two months after the incident was alleged to have occurred. Multiple 
witnesses confirmed Khulordava's alibi. Khulordava had frequently 
criticized the local government for corruption and misuse of funds.
    Patterns in allegedly politically motivated arrests noted in GYLA's 
Legal Analysis of Cases of Criminal and Administrative Offenses with 
Alleged Political Motive, published in June, included arrests for 
illegal possession of drugs or arms without subsequent examination of 
evidence, defendants charged with offenses more serious than those 
actually committed, and small infractions mischaracterized as malicious 
disobedience to police orders. The period covered in the analysis was 
2007-10.
    During the year de facto officials of the separatist territories 
and Russian officials continued to detain many individuals in the 
separatist regions of Abkhazia and South Ossetia on charges related to 
their ``illegal'' crossing of the administrative boundary. Russian 
border guards typically enforced the boundary-crossing rules imposed by 
de facto authorities by handing individuals over to those authorities. 
Most individuals were released within five days, but some were held 
considerably longer. Georgian authorities also detained a number of 
individuals near the administrative boundary on various charges, 
including illegal entry into the country. Such individuals often 
carried only Russian passports with visas to travel in Georgia.
    There were reports of arbitrary arrests of ethnic Georgians, 
particularly in Tskhinvali and Gali regions of South Ossetia and 
Abkhazia. Detainees reported they were not given a reason for their 
arrest nor were they seen by a prosecutor. Human rights groups alleged 
de facto authorities arbitrarily detained ethnic Georgians and held 
them in order to negotiate prisoner exchanges between de facto 
officials and Georgian authorities.

    Pretrial Detention.--The law provides safeguards for a speedy trial 
through strict time limits for detentions, hearings, and trials, and 
observers found that judges strictly enforced these requirements. 
However, pretrial detention at times was lengthy. A high number of 
judicial vacancies at the trial-court level may have contributed to 
some delays in scheduling trials. Criminal cases were delayed or 
postponed most commonly based on requests from the parties to further 
negotiate a plea bargain, or because a witness had not appeared as 
scheduled to give testimony. The Ministry of Corrections reported that 
6.3 percent of the penitentiary system population consisted of pretrial 
detainees.

    Amnesty.--According to the Ministry of Corrections and Legal 
Assistance, the president pardoned 787 convicts in 2011, compared with 
1,299 in 2010.

    e. Denial of Fair Public Trial.--While the constitution and law 
provide for an independent judiciary, outside influence on the 
judiciary remained a problem. Transparency International Georgia's 
Georgia National Integrity System Assessment for 2011 noted that the 
judiciary ``suffers from undue influence exerted by the Prosecutor's 
Office and the executive authority during the adjudication of criminal 
cases, as well as cases where the political leadership's interests are 
at stake'' and that the judiciary's ``inadequate level of 
independence'' undermined its ability to exercise oversight of the 
executive branch. However, the assessment also found that bribery in 
courts has been eradicated and that judges were believed to be 
independent in their handling of the majority of civil cases. The 
public defender's report for 2010 identified inadequate substantiation 
of court decisions at various stages as an endemic problem in the 
judiciary across the country.
    Court observers noted that judges enforced criminal procedure code 
standards, adopted in 2009, for ensuring in-custody appearances for 
defendants within 24 hours of arrest, an initial appearance before a 
court on an indictment within 48 hours of arrest, and a detention 
hearing within 72 hours of arrest. Judges held prosecutors to the 
code's standards for disclosing case evidence to the defense, and 
complaints of failure by the prosecution to disclose evidence in a 
timely or complete manner were limited. However, observers noted that 
judges struggled at times with criminal procedure code language that 
allows the defense to request assistance from the court in obtaining 
court-ordered evidence. Judges also showed some reticence in following 
up on complaints from defendants regarding alleged actions by police or 
prosecutors that affected the defendant's access to counsel, ability to 
call defense witnesses at trial, or ability to fully cross-examine 
police or prosecution witnesses at trial. Judges showed marked 
improvement in their desire and ability to maintain order in their 
courts and in demanding higher professionalism from court participants.
    Many NGOs complained that judicial authorities continued to act in 
favor of the ruling party if there was a perceived government interest 
in the case. Some NGOs and opposition groups alleged that, in cases 
involving opposition activists, the courts tended to rule in favor of 
the government. GYLA's analysis of 2007-10 cases viewed as politically 
motivated found that the judiciary always upheld the position of the 
prosecution in such cases. GYLA also identified refusal to grant 
defense requests and disproportional punishment among common court 
actions.
    A report by the Council of Europe's commissioner for human rights, 
Thomas Hammarberg, released in June pointed to prosecutors' failure to 
react to procedural violations committed by the Ministry of Internal 
Affairs and the ministry's failure to prosecute cases of mistreatment 
or excessive use of force by law enforcement officials as reinforcing 
the perception that prosecutors acted selectively on behalf of the 
government.
    The code of administrative offenses reportedly lacks sufficient due 
process provisions. For example, although the code provides for prison 
sentences of up to 90 days for violations, it reportedly does not 
require police to inform individuals of their rights or the reason for 
their arrest, nor does it permit defendants to present evidence or 
witnesses for their defense in court. Authorities reportedly used the 
code to detain opposition protesters during the year and in recent 
years.
    During the year NGOs and observers continued to criticize the lack 
of transparency in the selection, appointment, and disciplining of 
judges. Despite the use of objective written examinations to create a 
pool of potential qualified appointees and publication of the names of 
all potential candidates for public comment, the judicial appointment 
process was criticized as not sufficiently transparent, and selection 
criteria were not sufficiently based on merit.
    During the year the High Council of Justice's Judicial Ethics and 
Disciplinary Procedure Department received 880 complaints involving 
judges and started disciplinary proceedings in all cases. The majority 
of complaints were deemed unsubstantiated or faulty. The High Council 
of Justice questioned judges in seven cases and referred two to the 
Disciplinary Board of the Common Courts. In previously pending cases, 
the board dismissed one judge, reprimanded 11, and put four on notice. 
No judges or prosecutors were convicted on corruption charges during 
the year.
    The Prosecutor's Office and Ministry of Justice are responsible for 
disciplinary action for violations of the ethics code by prosecutors. 
During the year 37 prosecutors from the Chief Prosecutor's Office were 
subject to disciplinary actions ranging from notice to reprimand. Two 
prosecutors were charged criminally in a formal court indictment.

    Trial Procedures.--The law presumes defendants are innocent. 
Defendants have the right to a trial by jury only in cases of 
aggravated murder and attempted aggravated murder and only in Tbilisi. 
During the year the Tbilisi City Court conducted the country's first 
two post-Soviet jury trials. Most legal observers considered the trials 
fair and well run. In all other criminal cases, defendants have a right 
to a public trial (except where national security, privacy, or 
protection of a juvenile is involved) and to be present at their trial. 
In practice, the right to a public trial was not always respected. 
Legal observers noted that some judges closed trials without providing 
reasons and at other times prevented observers from attending hearings. 
The law allows for trial in absentia in certain cases in which the 
defendant has fled the country.
    Defense counsel has the right to meet individuals accused of a 
crime without hindrance, supervision, or undue restriction. However, 
NGOs and lawyer associations complained that, in practice, long lines 
and cumbersome entry checks at penitentiary institutions hindered their 
access to detainees to prepare cases. The Georgian Bar Association 
reported several cases of harassment of defense attorneys, including 
physical assault and confiscation of recording material by police, and 
physical assault, rape threats, and confiscation of case notes by 
penitentiary officials.
    During the year, according to statistical data provided by the 
Supreme Court, 19 defense lawyers were charged with fraud for 
misappropriation of client funds. Sufficient information was not 
available to determine whether these lawyers were objects of undue 
pressure by the government. However, in March the Georgian mission of 
the International Observatory for Lawyers described cases of lawyer 
intimidation in which defense lawyers were arrested and sentenced on 
fraud charges on the grounds of ``ineffectual legal assistance.'' GYLA 
asserted that these lawyers were working on ``sensitive'' cases or were 
considered ``opposition'' lawyers and targeted as such. For example, 
according to GYLA, on July 27, Ramin Papidze, attorney for an 
opposition party branch in Batumi, was fined and sentenced to 10 days' 
detention for alleged misbehavior in the courtroom. According to GYLA, 
the judge based sentencing exclusively on testimony of court bailiffs 
who, witnesses alleged, assaulted Papidze prior to the hearing.
    Defendants may question and confront witnesses against them and 
present witnesses and evidence on their own behalf at trial. Defendants 
and their attorneys have access to the prosecution's evidence relevant 
to their cases at any point during criminal proceedings and may make 
copies at their own expense. The prosecution must disclose all evidence 
to the defendant no later than five days prior to the pretrial hearing. 
Court observers reported that the prosecution complied with these 
rules.
    A convicted defendant has the right of appeal. However, appeals 
under the administrative and criminal codes were difficult in practice. 
Under the criminal procedures code, defendants have one month to file 
an appeal, and appeals must be completed within three months in cases 
where the appellant is imprisoned and within 12 months otherwise. 
However, in criminal cases, courts were allowed up to two weeks to 
provide court records to defense attorneys, thus reducing the 
attorneys' time to prepare an appeal. Administrative sentences which 
entail incarceration must be appealed within 48 hours and within 10 
days otherwise. In administrative cases courts provided records three 
days after the trial, thus forcing attorneys to prepare appeals of 
cases involving incarceration without the court's written judgment. 
Appeals must be signed by the defendant, and attorneys reported 
difficulty in locating and accessing their clients in the penitentiary 
system, impairing their ability to submit the appeal on time. Human 
rights monitors also reported that court decisions in administrative 
trials were often ``perfunctory'' and that in criminal trials appeals 
were rejected without an adequate explanation.
    Monitoring groups pointed to the country's low acquittal rates in 
criminal cases and low rates of successful appeals as possible 
indicators of executive branch pressure on the judiciary. Transparency 
International/Georgia's 2010 report cited a 1 percent acquittal rate in 
criminal cases. The Ministry of Justice, on the other hand, cited a 4.6 
percent acquittal rate in 2011, compared with a 6 percent rate in 2010. 
The discrepancy between these rates appears to be attributable to 
Transparency International's inclusion of all cases, including those 
concluded through plea bargaining, whereas the ministry included only 
those cases which proceeded to trial.
    By law a court must certify that a plea bargain was reached without 
violence, intimidation, deception, or illegal promise, and that the 
accused had the opportunity to obtain legal assistance. Approximately 
65 percent of plea agreements contained a fine as a penalty along with 
either a prison term or a suspended prison sentence. Some legal 
observers noted that many judges were very attentive to the rights of 
the defendant during the entry of a plea agreement, while others failed 
to apprise the defendant of important rights and legal protections. The 
June report of the Council of Europe's human rights commissioner noted 
that, in practice, judges relied almost exclusively on evidence 
presented by the prosecutor in plea agreements. The U.N. Working Group 
on Arbitrary Detention reported June 24 that 90 percent of cases that 
went through court concluded in plea bargain arrangements ``with 
minimal intervention from judges.'' The Council of Europe reported that 
lawyers, instead of working towards their clients' acquittal, often 
advised them to plea-bargain for a reduced sentence.
    According to the Supreme Court, the use of plea bargaining 
increased from 80 percent of cases in 2010 to 88 percent in 2011. 
During the year observers remained concerned about the potential lack 
of fairness and transparency in the implementation of plea bargaining. 
For example, in an April resolution, the Parliamentary Assembly of the 
Council of Europe noted ``questions raised about the increasing 
frequency of plea bargaining.'' The resolution recommended that 
officials address such concerns ``as they affect public trust in the 
fairness of the justice system.'' Experts agreed that the core problem 
was not in the law but in the law's application, as reported by 
Transparency International/Georgia in a December 2010 report. While 
noting the benefits of plea bargaining, including increased efficiency 
and cost savings in the court process, providing relief to overcrowded 
prisons, and in fighting organized crime and corruption, Transparency 
International/Georgia raised significant concerns about the fairness of 
the system, highlighting the imbalance between the powers of the 
prosecution and the judiciary and the system's lack of transparency in 
the application and collection of fines. There are no explicit criteria 
for calculating fines, and during the year NGOs alleged that defendants 
facing equal charges frequently received very different sentences 
according to their ability to pay.

    Political Prisoners and Detainees.--Several NGOs, opposition 
parties not represented in parliament, and family members alleged that 
the government continued to hold political prisoners and detainees. 
Their estimates of the number varied, with NGO estimates in the dozens. 
The government, NGOs, and opposition leaders disagreed on the 
definition of a political prisoner. The public defender did not name 
any political prisoners or detainees in his 2010 report and received no 
requests for assistance regarding political prisoners in 2011. The 
parliamentary Human Rights Committee disagreed with assertions that the 
government held political prisoners.
    The Council of Europe's commissioner for human rights, Thomas 
Hammarberg, reported in June that most individuals on lists of persons 
considered to have been sentenced on political grounds had participated 
in opposition protests held in November 2007 and spring 2009. Raising 
concerns about the fairness of their trials, Hammarberg noted that he 
received ``a considerable number of credible allegations and other 
information indicative of serious deficiencies marring the criminal 
investigation and judicial processes in a number of criminal cases 
against opposition activists. This casts doubt on the credibility of 
the charges retained and on the final convictions.''
    The government permitted international and domestic organizations 
to visit persons claiming to be political prisoners or detainees, and 
some organizations did so during the year.

    Regional Human Rights Court Decisions.--During the year the ECHR 
ruled against the government in three cases involving alleged 
violations of the European Convention on Human Rights. According to the 
Ministry of Justice, authorities paid compensation in two of the cases 
by year's end.
    NGOs reported pressure on individuals to withdraw their 
applications to the ECHR, a development that the Human Rights Center 
described as a new trend during the year.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent and impartial judiciary in civil matters, but there 
were concerns about the professionalism of judges and transparency in 
their adjudication. The constitution and law stipulate that a person 
who suffers damages resulting from arbitrary detention or other 
unlawful or arbitrary acts, including unlawful human rights violations, 
is entitled to bring a civil action. Individuals have the right to 
appeal court decisions involving the alleged violation of human rights 
by the state to the ECHR after domestic avenues of appeal have been 
exhausted.

    Property Restitution.--GYLA reported several cases in which it 
offered legal assistance during the year to groups that claimed the 
government improperly used eminent domain to seize property in Tbilisi 
at unfairly low prices, particularly associated with the Tbilisi 
Railway Bypass Project. In addition there were concerns about the lack 
of due process and respect for the rule of law in a number of property 
rights cases. NGOs reported the government created artificial barriers 
for local residents seeking to register property (historically owned by 
their families for generations but not documented) in Svaneti and 
selectively allowed government sales or registration of the same land 
by developers. Transparency International/Georgia reported that the 
government had begun compensating land owners in the region by year's 
end, although only a small percentage had received compensation. GYLA 
and other NGOs also associated the creation of tourist zones in early 
2011 with illegal revocation of historic ownership rights in Svaneti, 
Anaklia, Gonio, and Black Sea-adjacent territories.
    In Abkhazia the de facto law prohibits property claims by ethnic 
Georgians who left Abkhazia before, during, or after the 1992-93 war, 
thereby depriving internally displaced persons of their property rights 
in Abkhazia.
    In a December 2010 decree, South Ossetian de facto authorities 
invalidated all real estate documents issued by the Georgian government 
between 1991 and 2008 relating to property held in the Akhalgori 
region. The decree also declared that all property in Akhalgori belongs 
to the de facto authorities until a ``citizen's'' right to that 
property is established in accordance with de facto legislation, 
effectively denying displaced ethnic Georgians of their property rights 
in the region.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions without 
court approval or legal necessity and prohibit police from searching a 
residence or conducting undercover or monitoring operations without a 
warrant. However, these prohibitions were not always respected.
    NGOs continued to report that police conducted searches without 
first obtaining warrants. NGOs reported that police often obtained 
warrants after the fact and many citizens were unaware of their right 
to delay a search of their home by one hour to summon two objective 
third-party witnesses to the search. Under the law, if authorities 
conduct a search or seizure without a warrant because of urgency, they 
must apply for the warrant within 24 hours of the search; otherwise, 
the evidence collected is considered invalid. According to GYLA, these 
warrants are almost always approved.
    During the year some opposition figures and NGOs expressed concern 
about government surveillance. They alleged that surveillance included 
monitoring of e-mails and cellular telephones and surveillance from 
private cars by officials they believed to be from the Ministry of 
Internal Affairs.
    Reports that tax authorities targeted specific companies and 
persons for searches for political reasons decreased in 2011 due to 
reforms at the Revenue Service (see section 4).
    There were several reports that relatives of union or opposition 
party members were harassed, demoted, dismissed from employment, or 
arbitrarily arrested (see sections 1.d. and 7). Throughout the year 
members of NGOs and individuals reported arbitrary harassment, job 
loss, and arrest that they alleged were related to the activities of 
family members. For example, on September 16, Asmati Kangoshvili, a 
teacher, former journalist, and member of the Chechen diaspora 
community in the Pankisi Gorge region, was arrested for alleged 
possession of drugs. Witnesses claimed that neither she nor her home 
was searched before her arrest and believed that the small amount of 
drugs allegedly found on her person was planted by police. Local 
townspeople, her students, and relatives believed her arrest was 
related to suspected criminal activity by her brothers and cousin. On 
September 19, she was fined 5,000 lari (approximately $2,980) and 
released. No further action was expected in the case.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Separatist conflicts in the regions of Abkhazia and South Ossetia 
remained unresolved. While the security situation stabilized to the 
point that no military conflict was reported in the areas, other 
incidents of violence were reported.
    Human Rights Watch reported that more than two years after the 2008 
conflict, the Georgian government had not effectively investigated 
international human rights and humanitarian law violations committed 
during the conflict.
    While there was little official information on the human rights and 
humanitarian situation in Abkhazia and South Ossetia due to limited 
access to these regions, many allegations of abuses persisted. The EUMM 
facilitated conflict resolution (including conflicts involving human 
rights problems) among Georgian, Russian, and de facto authorities in 
the occupied regions by regularly patrolling near the conflict areas 
and facilitating contacts among the sides in the framework of the 
Incident Prevention and Response Mechanisms (IPRMs). However, despite 
the 2008 cease-fire agreement's provisions, the EUMM was denied access 
to the occupied regions. Patrols could be conducted only on the 
undisputed Georgian side of the administrative boundary lines.
    The Gali region of Abkhazia, where many ethnic Georgians live, 
remained tense because of limitations on freedom of movement, as well 
as reports of kidnapping, arbitrary arrests, and deaths in custody. 
There were numerous reports of extortion, looting, and robbery by 
Russian and Abkhaz de facto forces and criminal gangs, especially 
during the harvest season when local farmers regularly faced extortion 
of a portion of their income. Russian military forces and de facto 
militias limited the ability of international observers to travel in 
Abkhazia to investigate claims of such abuses. Russian military forces 
and de facto militias did not allow access to South Ossetia.

    Killings.--On June 28, the Tbilisi City Court found 15 persons 
guilty of terrorism in connection with three explosions in Tbilisi in 
2010, killing one woman. An Abkhazia-based Russian military officer, 
Yevgeny Borisov, was sentenced in absentia to 30 years in prison; 
ethnic Georgian Mukhran Tskhadaia, based in Gali, was sentenced in 
absentia to life imprisonment; and a second Gali-based ethnic Georgian, 
Melo Tskhadaia, was sentenced in absentia to 30 years in prison.

    Abductions.--During the year there continued to be reports of 
abductions along the administrative boundaries of both occupied 
regions.
    Government and Abkhaz commissions on missing persons reported that 
nearly 2,000 Georgians and Abkhaz remained missing as a result of the 
1992-93 war in Abkhazia; the ICRC began chairing a new coordination 
mechanism during the year between Georgian and Abkhaz participants 
aiming at clarifying the fate of these individuals. South Ossetian de 
facto authorities reported that 116 persons were still missing from 
conflicts in 1991 and 2008. The ICRC continued to assist authorities to 
inform the families of the whereabouts of missing relatives.
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 
press; however, there were credible reports that the government 
restricted freedom of speech and press.

    Freedom of Speech.--Individuals were generally free to criticize 
the government publicly and privately without reprisal, although there 
were some notable exceptions. Some individuals told foreign monitors 
they were reluctant to discuss, or had stopped discussing, sensitive 
topics by telephone due to concern about government telephone tapping. 
NGOs reported that a lack of investigation for harassment of human 
rights defenders diminished dissenting voices and watchdog groups, 
especially outside of Tbilisi. They also claimed that the government 
used the legal process to silence critical voices.

    Freedom of Press.--Although independent media were active and 
expressed a wide variety of views, direct or indirect government 
influence over media outlets remained a concern. According to 
Transparency International Georgia's Georgia National Integrity System 
Assessment for 2011, while ``the country has mostly progressive and 
liberal laws governing the establishment and operation of media 
entities, in practice the media remain less transparent, accountable, 
and independent.'' While print media frequently criticized senior 
government officials during the year, some individuals affiliated with 
newspapers reported facing pressure and intimidation for doing so. Few 
newspapers were commercially viable. According to Transparency 
International's 2011 Georgian Advertising Market report, opposition-
oriented print media struggled to attract advertisements due to limited 
circulation and reported government pressure on businesses. Batumelebi, 
an independent local newspaper in Batumi, stated that one potential 
advertiser cancelled after being told by government officials to do so. 
Patrons in politics and business typically subsidized newspapers, which 
were subject to their influence. Journalists reported distribution of 
print media was further hampered by the establishment of a new kiosk 
chain in Tbilisi, replacing old kiosks which primarily distributed 
newspapers. Licenses to rent the new kiosks were largely auctioned to 
companies selling fast food, cigarettes, and lottery tickets because 
smaller newspaper distributors could not match their bids.
    Television was the most influential medium and the primary source 
of information on current events for more than 80 percent of the 
population. The three largest television broadcasters were the state-
owned Georgian Public Broadcaster (GPB) and the privately owned 
Rustavi-2 and Imedi TV, the country's two most popular stations. All 
three reportedly had close ties to the government, generally had a 
progovernment editorial policy, and were the largest providers of 
coverage on a national level. Pro-opposition stations Kavkasia and 
Maestro expressed views more critical of the government, but their 
audience was concentrated in Tbilisi, which constituted 26 percent of 
the country's population.
    A December report on the Georgian advertising market by 
Transparency International Georgia stated ``the fact that a number of 
key companies are controlled by relatives or close friends of current 
government officials or former high-level government/ruling party 
members raises not only questions about conflicts of interest, but also 
about competitiveness and political independence..'' The report also 
noted that the head of the Georgia National Communications Commission 
(GNCC), charged with regulating electronic communication, owned a major 
advertising agency, which represented a direct conflict of interest.
    On April 8, parliament amended the law on broadcasting to provide 
for transparency of media ownership. The amendments prohibit ownership 
of broadcasters by offshore-registered firms; require broadcasters to 
submit an annual revenue breakdown to the GNCC; require the GNCC and 
broadcasters to make ownership information publicly available on their 
respective Web sites; and require the GNCC and broadcasters to align 
ownership structures with the new requirements by January 2012, when 
the amendments are scheduled to go into effect. The GNCC created a Web 
site where media ownership information was published and forms and 
databases were available to collect information on media revenues. By 
year's end all major television broadcasters had provided the GNCC with 
ownership information. Broadcasters were required to provide 
information on revenues by February 2012.

    Violence and Harassment.--There were reports during the year of the 
physical and verbal assault of journalists by police, confiscation of 
journalists' cameras by authorities, and intimidation of journalists by 
government officials due to their reporting. Journalists affiliated 
with pro-opposition media outlets reported unequal access to government 
buildings, anonymous telephone threats, and surveillance by unknown 
people while covering stories.
    GYLA reported that security force members injured 24 journalists 
while dispersing the May 26 protest. The public defender noted that 
police fired rubber bullets at journalists, verbally and physically 
abused them, and impeded their work. In many cases mistreatment 
occurred after journalists presented press credentials to police. GYLA 
reported nine incidents of illegal seizure of professional equipment 
from journalists. Journalists alleged that authorities damaged other 
equipment, and destroyed or erased photographic, video, and audio 
material. On December 26, the Tbilisi City Court ordered the Ministry 
of Internal Affairs to reimburse journalists and media organizations 
2,302 lari ($1,370) for lost or damaged camcorders and medical 
treatment for injuries sustained during the May 26 protest.
    On July 7, authorities arrested four photographers on charges of 
spying for Russia but subsequently gave them suspended sentences in a 
pretrial plea bargain. Media and advocacy groups questioned the lack of 
transparency and overall handling of the case, in particular how 
suspects for a crime as serious as espionage could be given suspended 
sentences. The government responded that the level of cooperation 
provided by the photographers in identifying other persons engaged in 
espionage was the basis for the lenient sentence. The lack of 
government transparency led more than 40 reporters to claim the 
photographers were targeted for either taking or publishing graphic 
photographs of police dispersing the May 26 protest. The Ministry of 
Internal Affairs asserted that recorded wiretaps and taped confessions 
substantiated the espionage charges. The watchdog group Coalition for 
Media Advocacy noted that the arrests and lack of transparency in the 
case triggered a sense of insecurity among the media.
    The Revenue Service released information regarding the tax 
amnesties granted to all television stations in 2010. Progovernment 
station Rustavi 2, GPB, and independent, Batumi-based station TV25 were 
the major beneficiaries of the amnesty because they had the highest 
debt levels.

    Censorship and Content Restrictions.--Throughout the year NGOs, 
independent analysts, and journalists accused high-ranking government 
officials and opposition politicians of influencing editorial and 
programming decisions through their personal connections with news 
directors and media executives and by directing advertising using their 
personal connections with business owners. Transparency International 
Georgia's National Integrity System Assessment for 2011 noted that the 
government ``is generally understood to have established control over 
the country's most influential television stations through their 
acquisition by government-friendly businessmen, forcing journalists 
employed by these stations to practice self-censorship.''
    The International Research and Exchanges Board's Media 
Sustainability Index 2011, which covered 2010, again reported that 
partisanship pervaded the news industry. Mainstream television 
broadcast progovernment content, while smaller outlets promoted 
opposition viewpoints.
    The GNCC issues broadcast licenses as either a ``general license'' 
for news and political programming or an ``entertainment only'' license 
that strictly limits content, thereby giving the commission substantial 
control over programming. In 2011 the GNCC began issuing licenses for 
the first time since 2008. By law the GNCC must issue licenses 
according to public interest surveys. According to a survey by Tbilisi-
based BCG Research published on March 4, Georgian viewers preferred 
entertainment shows over news programs. Media analysts noted that these 
findings were inconsistent with survey information from the Caucasus 
Research Resource Center. The GNCC issued or renewed 25 broadcast 
licenses in 2011, including several licenses to outlets considered pro-
opposition.
    Journalists said they self-censored reporting that did not reflect 
the media owners' views out of fear of losing their jobs. Authorities 
also reportedly intimidated journalists into censoring their reports. 
Gela Mtivlishvili reported that a former prosecutor threatened him by 
e-mail regarding his reporting. The public defender recommended opening 
an investigation into the report. Opposition party representatives and 
media advocates reported that they believed journalists either did not 
cover or lightly covered events that showed the government in a 
negative light out of concern that critical pieces would not be aired 
or could potentially cost them their jobs.
    Nongovernment Impact: In November a conflict between the owners of 
opposition Maestro TV and its managing firm temporarily severely 
limited Maestro's broadcasting capability and disrupted all news 
programs. The channel was one of the country's few independent 
broadcasters, and disruption of its regular programming was a source of 
concern for civil society.
    Media in the separatist regions of South Ossetia and Abkhazia 
remained tightly restricted by de facto authorities and Russian 
occupying forces.
    Mari Otarashvili, a journalist for the independent Rezonansi 
newspaper, reported the Georgian governor (in exile) of the Akhalgori 
region, Zurab Pitskhelauri, threatened her, attempted to blackmail her, 
and advised her to write her articles ``correctly'' on several 
occasions during the year. Otarashvili was one of the few Georgian 
journalists reporting in occupied South Ossetia with the permission of 
de facto authorities, and her reporting was often critical of local 
government officials.

    Internet Freedom.--Outside of Abkhazia and South Ossetia, there 
were no government restrictions on access to the Internet or reports 
that the government monitored e-mail or Internet chat rooms. However, 
amendments to the Law on Operative-Investigative Activity, adopted in 
November 2010, oblige communication companies to make private 
information available for government investigations, providing law 
enforcement officials with access to private e-mails, chat rooms, and 
open and closed conversations on the Internet.
    Insufficient information was available about Internet freedom in 
the occupied territories.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on cultural events. There were reports of academic 
appointments and dismissals due to political affiliation. Education 
experts questioned the promotion of several school ``mandators,'' hired 
directly by the Ministry of Education to maintain school security, to 
positions in school resource centers and as principals.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly. 
Authorities routinely granted permits for assemblies during the year. 
However, the government's respect for this freedom was mixed, and 
authorities forcefully dispersed several protests. Human rights 
organizations expressed concerns about provisions in the law, including 
prohibitions on demonstrations by one person or by noncitizens, and a 
requirement that political parties and other organizations give prior 
notice and obtain permission from local authorities to assemble on a 
public thoroughfare five days in advance, thereby precluding 
spontaneous demonstrations.
    The law governing administrative offenses prohibits the blocking of 
streets ``artificially'' and ``deliberately,'' either by protesters 
themselves or with ``various types of constructions and/or objects.'' 
The maximum prison term for a number of administrative offenses--
including these actions--is 90 days. In contrast, under the criminal 
procedures code, pretrial detention for criminal charges is 60 days. 
Authorities amended the Law on Public Assembly and Demonstrations on 
July 1 to allow courts to prohibit rallies within 65 feet of court 
buildings and give state agencies and ministries the power to do the 
same.
    The law allows police to use nonlethal projectiles for riot 
control, and law enforcement officials on occasion used excessive force 
against protesters. NGOs noted the excessive use of force by police, 
including attacks on journalists and protesters who were not resisting 
arrest, and lack of transparent investigations had a dampening effect 
on freedom of assembly. For example, on January 3, police dispersed 
demonstrators holding a nonviolent hunger strike in Heroes Square, used 
excessive force against peaceful onlookers, and detained 11 persons on 
improper charges. The 11 detainees were charged with petty hooliganism 
and disobeying police orders. The public defender's investigation 
concluded that at the time of the arrests, the protesters were in 
compliance with the law and that there was no evidence to support the 
charges. The investigation corroborated witnesses' version that police 
used excessive force to illegally terminate the protest. The report 
noted that video footage showed plainclothes police officers detaining 
protesters without presenting any form of documentation. In one case 
the wife of a protester was punched in the face by a plainclothes 
officer. A Ministry of Internal Affairs internal investigation resulted 
in the dismissal of one officer, and ministry officials reported the 
victim received 8,000 lari ($4,760) in moral damages in a subsequent 
lawsuit.
    Five days of protests turned violent on May 26, when police 
forcefully dispersed approximately 1,000 protesters in front of the 
parliament building when their permit expired. The confrontation 
occurred after protest leaders declined the government's request to 
move to a different venue in order to clear the road for the 
Independence Day parade scheduled for May 27 and blocked the main 
street with barricades. The protesters, some of whom came armed with 
sticks, metal pipes, and Molotov cocktails, ignored warnings from 
municipal officials that force would be used to clear the area if they 
did not voluntarily disperse. Police beat, arrested, and shot 
protesters and journalists in the vicinity with rubber bullets. Some 
police also failed to display identification numbers, making 
accountability difficult. Two persons--one protester and one police 
officer--were killed, reportedly by the vehicles of the protest leaders 
as they left the area at high speed, and two other protesters were 
found electrocuted on a nearby rooftop. Dozens of protesters were 
injured, and GYLA estimated that authorities detained 160 persons. 
Observers noted that the government had a legal right to clear the 
protest while agreeing that certain police, mainly from special force 
units, employed disproportionate force.

    Freedom of Association.--The constitution and law provide for 
freedom of association. However, the government's respect for this 
right was selective in practice. There were some allegations during the 
year that members of trade unions and opposition parties and their 
families and associates were selectively targeted for prosecution by 
law enforcement agencies and were subjected to stricter penalties than 
other citizens upon conviction. There were also allegations of pressure 
on opposition figures, NGOs, teachers, and union members, including 
surveillance and actual or threatened job loss (see sections 3 and 7).

    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 for Georgian citizens, but this freedom was limited in 
practice in Abkhazia and South Ossetia by de facto authorities and 
Russian occupying forces. 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.
    Georgian law imposes limitations on foreigners moving into and out 
of Abkhazia and South Ossetia. It also imposes special requirements on 
persons conducting economic activities in the occupied regions. There 
were no reports that Georgian authorities unduly restricted any 
international humanitarian organizations. Russian and Abkhaz de facto 
authorities limited international organizations' ability to operate in 
Abkhazia. Russian and South Ossetian de facto authorities blocked 
virtually all international organizations, including humanitarian 
organizations, from regular access to South Ossetia.
    De facto authorities and Russian forces in the occupied regions of 
Abkhazia and South Ossetia restricted freedom of movement, restricting 
the free movement of the local population across the administrative 
boundary for medical care, pension services, religious services, and 
education. Checkpoints operated by Russian border guards and de facto 
militia often obstructed citizens' movement within these regions and 
between these regions and areas controlled by the Georgian government. 
Although Abkhaz de facto authorities maintained that the administrative 
boundary with the rest of Georgia was officially closed, they allowed 
limited crossings at the Rukhi Bridge. In July 2010 they introduced a 
permit system that formalized a process of granting permission to cross 
the boundary for 100 Russian rubles ($3) for a single trip. South 
Ossetian de facto authorities allowed limited crossings in and out of 
the Akhalgori region, whose remaining inhabitants are primarily ethnic 
Georgians. International observers were able to gain limited access to 
Abkhazia, but only a small number gained occasional and extremely 
restricted access to South Ossetia. South Ossetian de facto authorities 
continued to refuse humanitarian access to most international 
organizations, including the UNHCR.
    In September 2010, according to media reports, South Ossetian de 
facto authorities announced that ethnic Georgian residents of the 
region would face restrictions, such as a fee to cross the 
administrative boundary, unless they obtained South Ossetian 
``passports.'' This requirement had not taken effect by year's end.
    An Abkhaz ``citizenship'' law allows dual Russian-Abkhaz but not 
dual Georgian-Abkhaz ``citizenship.'' Ethnic Georgians living in 
Abkhazia were required to acquire Abkhaz ``citizenship'' to open 
businesses, establish bank accounts, vote in elections, run for office, 
travel freely, or own property.

    Internally Displaced Persons (IDPs).--The UNHCR estimated that 
there were a total of 270,528 IDPs from the conflicts in 1992-93 and 
2008 in the country during the year. The UNHCR estimated that of the 
approximately 127,000 individuals displaced as a result of the 2008 
conflict, essentially all those who had applied for assistance received 
a durable solution in undisputed Georgian territory by the end of the 
year. Additionally, as of December the UNHCR counted 128,864 persons as 
being in an ``IDP-like'' situation needing protection and humanitarian 
assistance. This number included individuals who returned to Abkhazia, 
South Ossetia, and areas adjacent to the administrative boundary with 
South Ossetia and Abkhazia as well as those displaced in the 2008 
conflict who were subsequently relocated.
    By year's end most IDPs displaced in 2008 had received formal IDP 
status under national legislation. However, IDP status was not 
established for some individuals who claimed to have been displaced in 
the 2008 conflict. These individuals, described by officials as ``IDP 
status seekers,'' included persons who had never been registered with 
Georgian authorities, such as persons who had never been registered at 
birth or were displaced from regions that prior to 2008 were not under 
Georgian control, persons whose departure from South Ossetia could not 
be established as having been caused by the conflict, or persons who 
could not prove their former residence in the occupied territories. 
These included, in particular, some persons who may own property in the 
Akhalgori region of South Ossetia but may have moved for economic, 
educational, or other reasons prior to the conflict. As there was some 
seasonal movement of persons to and from Akhalgori, it was at times 
difficult to establish where an individual was settled at the time of 
the conflict. Various agencies, including the government, UNHCR, and 
NGOs, employed different methods in estimating the number of IDPs.
    During the year IDPs from the 2008 conflict continued to receive 
assistance, including a monthly, status-linked cash payment from the 
government, as well as some help from the international donor 
community. The Ministry for IDPs from the Occupied Territories, 
Refugees, and Accommodations continued to provide for IDPs and promote 
their socioeconomic integration and create conditions for their return 
in safety and dignity. The government took steps during the year to 
rehabilitate, purchase, or build new housing or offer cash payments in 
lieu of providing housing to IDPs from the conflicts in the early 1990s 
and 2008. Such steps resulted in improved housing for 4,734 IDPs. The 
government moved from a reactive approach (getting as much housing up 
as quickly as possible) to a long-term solution approach (providing 
durable solutions to IDPs from both conflicts). More than 6,000 IDP 
households, primarily those displaced in conflicts in the 1990s, 
nonetheless continued to live in substandard or squalid buildings and 
were in areas with insufficient access to services and economic 
opportunities.
    The government continued to work to provide adequate permanent 
housing for all IDPs, although the needs of IDPs far exceeded the 
resources available. In December 2010 the government estimated it would 
cost approximately 585 million lari ($348 million) to provide adequate 
shelter for all IDPs in the country. During the year the government 
undertook a broad review of its IDP action plan in consultation with 
the UNHCR, donors, and international protection NGOs.
    After a series of controversial IDP evictions in June-August 2010, 
the Ministry for IDPs from the Occupied Territories, Refugees, and 
Accommodation and the UNHCR, in consultation with international 
organizations and donors, updated government procedures to provide for 
eviction of IDPs from shelters in a manner consistent with humanitarian 
standards. For example, the updated procedures require providing IDPs 
at least 10 days' notice of their removal and clear information 
regarding alternative housing options. In January 535 IDP households 
were evicted from 19 ``temporary shelters'' in Tbilisi using the new 
procedures. UNHCR protection staff reported that the evictions took 
place relatively peacefully with minor scuffles at two sites, one of 
which resulted in arrests. International and civil society 
organizations criticized government missteps in the execution of the 
evictions, in particular some limitations that were placed on access by 
international monitors. Few evicted IDPs accepted the government's 
offers of housing outside of Tbilisi but rather appeared to have found 
accommodations in the capital on their own.
    In July and August, authorities evicted an estimated 100 IDP 
households from sites in central Tbilisi. These included both illegal 
``temporary shelters'' and registered and legal collective centers in 
which IDPs had rights of occupancy under the law. The government's 
legal basis for evicting IDPs from their registered accommodations was 
not clear. According to the law, IDPs shall not be ``expelled from a 
legal residence without compensation'' that allows them to secure 
housing comparable to the housing from which they were evicted. Some 
local advocacy organizations asserted that the compensation offered by 
the government was insufficient to meet this standard, and at least one 
civil suit by an evicted IDP was pending before the courts at year's 
end.
    Abkhaz de facto authorities continued to prevent repatriation of 
the approximately 235,000 persons displaced by the 1992-93 war, despite 
their 1994 agreement with Georgia, Russia, and the UNHCR, which called 
for the safe, secure, and voluntary return of IDPs who fled during the 
war. Approximately 45,000 of these IDPs, many working as seasonal 
laborers, returned to the Gali and Ochamchire regions of lower 
Abkhazia, but Abkhaz de facto authorities refused to allow the return 
of IDPs to other regions of Abkhazia. IDPs living elsewhere in Georgia 
were prevented from reclaiming homes in Abkhazia, based on a 2008 
``law'' that expropriated all ``abandoned property'' from 1992-93.

    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.

    Temporary Protection.--The government provided temporary protection 
to individuals who may not qualify as refugees. Two Russian soldiers 
who defected to Georgia from South Ossetia in 2009 remained in the 
country with protected status as asylum seekers at year's end. In both 
cases the government assisted the applicants with temporary protection 
while they applied for asylum. Neither asylum case was resolved by 
year's end.

    Stateless Persons.--The law provides citizenship at birth if one or 
both parents are citizens. It also gives citizenship to children of 
stateless individuals born on the country's territory. The law provides 
that an adult may become a citizen if he or she satisfies the following 
requirements: (a) has been permanently residing on the country's 
territory during the previous five years; (b) knows the state language; 
(c) is familiar with its history and laws; and (d) has a job or owns 
real estate on the country's territory, conducts business, or owns 
shares in a Georgian company or industry. A person seeking 
naturalization is expected first to give up any previous citizenship.
    According to December 2010 government statistics, 1,987 de jure 
stateless persons were identified and registered by the authorities. 
The UNHCR and government's aligned figure for the number of stateless 
individuals was 1,781. Due to delays in issuing birth certificates and 
other documentation problems (especially among minority communities), 
the actual number of stateless persons in the country was believed to 
be higher. Some were believed to be Chechens who volunteered for 
repatriation to Russia but were rejected because they were never 
registered in Russia and did not have documented Georgian citizenship. 
This confusion was compounded for persons who lived in the occupied 
territories.
    Children lacking birth certificates were unable to participate in 
social aid or educational programs. Often children were not registered 
because their parents had no documentation. The UNHCR identified 9,931 
persons living throughout the country as lacking necessary 
documentation. At year's end more than 63 percent of these had received 
free legal aid, assistance in obtaining documentation to establish 
their birth, confirmation of their right to Georgian citizenship, and 
identity papers.
    The Civil Registry Agency (CRA) had four offices to register IDPs 
and issue documents to those lacking them due to the destruction of the 
national archives on the South Ossetian side of the administrative 
boundary. In 2008 the CRA counted 2,500 IDPs without documentation, of 
which approximately 1,700 were assisted through the NGO Legal 
Development and Consultations Group and the agency.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully. However, the government's record in the 
conduct of presidential and parliamentary elections in 2008 was mixed.

    Elections and Political Participation.--Recent Elections.--
International observers found presidential elections in January 2008 
consistent with most Organization of Security and Cooperation in Europe 
(OSCE) democratic election commitments. However, there were significant 
problems, including widespread allegations of intimidation and 
pressure, flawed vote-counting and tabulation processes, and 
shortcomings in the complaints and appeals process. These and other 
problems also marred parliamentary elections in May 2008, which OSCE 
observers concluded were uneven and incomplete in their adherence to 
international standards.
    According to the OSCE election observation mission, while the May 
2010 municipal elections marked progress towards meeting OSCE and 
Council of Europe commitments, there were still significant 
shortcomings, including deficiencies in the legal framework and its 
implementation, an uneven playing field for candidates, and isolated 
cases of election-day fraud. Observers reported a variety of violations 
including instances of likely ballot box stuffing, cases of multiple 
voting, proxy voting, and series of seemingly identical signatures of 
voters on voters' lists. The observers also noted procedural violations 
in one-fifth of the vote counts and one-fourth of the vote tabulations 
they monitored. The OSCE mission received allegations of violations 
from opposition parties and NGOs, including reports of pressure on 
opposition candidates to withdraw. NGOs and opposition parties reported 
that supervisors pressured government employees to vote for and donate 
to the ruling party with the implication that failure to do so might 
result in a loss of employment. The OSCE also reported allegations that 
businesses were reluctant to donate to some opposition parties due to 
fear of reprisals. The OSCE mission noted that election materials were 
available in minority languages but not in all areas inhabited by 
minorities.
    The Ministry of Justice reported five election commission members 
were charged and convicted of election fraud or election interference 
in various regions of the country for acts committed during the 2010 
municipal elections. In most cases election results for the districts 
were annulled. The investigation of several cases in Mestia continued.
    In preparation for 2012 parliamentary elections, parliament adopted 
a new electoral code on December 27 which incorporated many 
recommendations from NGOs and the Venice Commission. The new code 
provides that any party that receives 5 percent of the total vote would 
win at least six seats in parliament and be accorded a parliamentary 
faction and corresponding privileges, prohibits the use of 
administrative resources for political purposes, improves postelection 
complaint procedures, reduces residency requirements for candidates for 
parliament, requires media to treat candidates equitably, and provides 
financial incentives for parties to increase the number of women on 
their parliamentary lists. The code also provides for the establishment 
of a commission to address pre-election complaints beginning in July 
2012. However, the new code fails to address the Venice Commission's 
primary recommendation to strengthen the equality of the vote by 
reconstituting single mandate election districts to be comparable in 
size.

    Political Parties.--There are no legal restrictions on political 
party formation beyond registration requirements, and the electoral 
code adopted in December allows an individual to run for office without 
party affiliation. However, members of some organizations linked to the 
political opposition asserted that they were unduly singled out for 
harassment and prosecution. Members of some opposition parties reported 
threatening calls warning them to refrain from party participation and 
surveillance by local police from unmarked cars. An NGO reported being 
filmed while entering a hotel conference room to meet with an 
opposition party. Opposition party members also alleged teacher 
dismissals due to party affiliation.
    After billionaire Bidzina Ivanishvili announced in October that he 
intended to establish an opposition political party to compete in the 
2012 parliamentary elections, there were reports that government 
officials targeted individuals and businesses associated with him for 
politically motivated harassment. In one illustrative example, 
materials imported by Ivanishvili for business and political purposes 
were repeatedly and inexplicably found to be damaged following their 
release from customs. Moreover, representatives from Ivanishvili's 
Cartu Group reported the percentage of their imports delayed by 
additional inspection increased from 10 percent to 100 percent since 
Ivanishvili entered politics. An independent monitoring company 
contracted by Cartu Group confirmed that Cartu imports were undamaged 
prior to customs entry and damaged after customs released the cargo.
    Pursuant to Article 32 of the Law on Citizenship, the government 
canceled the Georgian citizenship of Ivanishvili and his wife, 
Ekaterine Khvedelidze, on October 11, several days after Ivanishvili 
publicly acknowledged possessing French citizenship while declaring his 
intention to renounce it. Article 32 provides that a person loses his 
or her Georgian citizenship if he or she acquires another citizenship. 
Both Ivanishvili and Khvedelidze challenged their loss of citizenship 
in court. In a December 27 decision, the Tbilisi City Court found that 
the government had overreached in the case of Khvedelidze, since she 
had acquired her Georgian citizenship after her French citizenship, and 
annulled the government's order revoking her Georgian citizenship. The 
court upheld the government's decision in the case of Ivanishvili, who 
had acquired his Georgian citizenship before his French citizenship. 
Ivanishvili's appeal of the court's decision was pending at year's end.
    Opposition-linked individuals and organizations continued to report 
pressure on potential donors. On December 28, parliament amended the 
Law on Political Unions to regulate campaign and political party 
financing. The amended law prohibited corporate donations to political 
parties and provision of money, goods, or services to voters by 
parties; required all financial contributions to parties be made by 
wire transfer to ensure transparency; limited the overall amount a 
party can receive from public and private sources in a year to 0.2 
percent of the country's GDP; and delegated financial oversight of 
party financing to the government's auditing agency, the Chamber of 
Control. However, local and international observers raised concerns 
about several amendments, including the vagueness of the criteria for 
determining political bribery and which individuals and organizations 
would be subject to the law.

    Participation of Women and Minorities.--There were nine women in 
the 150-seat parliament. One of the seven vice speakers was a woman, as 
was the chair of parliament's procedural committee. There were three 
women in the 19-member cabinet and six women on the 19-judge Supreme 
Court.
    According to the final OSCE report on the May 2010 municipal 
elections, women were underrepresented in leadership positions in the 
election administration as well as among the candidates for and members 
of city councils. However, they were well represented in lower-level 
election commissions. The OSCE mission found that many parties put 
forward candidates belonging to national minorities and that election 
materials were made available in minority languages, but not in all 
areas inhabited by minorities. The new electoral code provided 
financial incentives for parties to increase the number of women on 
their parliamentary lists, as recommended by the Venice Commission.
    There were three ethnic Armenians and three ethnic Azeris in 
parliament, as well as one member of a minority in the cabinet. There 
were no members of minorities in the Supreme Court or Constitutional 
Court. Higher-level city managers included ethnic minority leaders.
    The de facto authorities in Abkhazia continued to restrict the 
rights of citizens to vote and to participate in the political process 
through a ``citizenship'' law that forced ethnic Georgians to give up 
their Georgian citizenship to vote or participate in regional 
elections. Even those ethnic Georgians willing to apply for Abkhaz 
``passports'' generally did not receive them because of extensive 
delays and were, therefore, unable to participate. Ethnic Georgians in 
South Ossetia were also required to accept a South Ossetian 
``passport'' and ``citizenship'' to participate in political life.
    Abkhazia held de facto ``presidential elections'' in August, and 
South Ossetia did likewise in November. Neither contest was considered 
free and fair due to the large number of internally displaced persons 
who were prohibited from voting. In South Ossetia public concerns about 
the integrity of the election results, including a seemingly biased 
decision by the de facto ``supreme court,'' led to public 
demonstrations and a political crisis that was settled through Russian 
mediation.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government implemented these laws effectively against low-level 
corruption. Several government officials were indicted on corruption 
charges during the year. According to survey data, less than 1 percent 
of Georgians reported paying a bribe in the previous year to obtain a 
public service.
    Some officials were indicted on corruption charges during the year. 
In February seven officials from the Ministry of Health were arrested 
for misuse of office and misappropriation of state funds from a public 
healthcare insurance program. In August the mayor of Ozurgeti was 
charged with accepting a bribe and embezzling 180,000 lari ($107,000) 
from the city budget.
    NGOs and independent media raised concerns about the government's 
close connection to some businesses and a lack of transparency in 
ownership structures and the conduct of bids. Transparency 
International/Georgia identified as among the most pressing concerns in 
2011 the need to inject more transparency into the procurement system 
and privatization processes. For example, Transparency International 
and independent media outlets criticized as nontransparent the August 
auction of management rights for the Tbilisi television tower to a 
company, Golden Com, formed only a week prior to the auction. Golden 
Com was the only company participating in an abbreviated 11-day bidding 
period. Transparency International also noted insufficient transparency 
of internal auditing of municipal institutions and inadequate 
accountability for reserve funds linked to high-ranking officials. In 
other cases the government was reported to have used heavy-handed 
practices or leveled questionable fines against companies.
    NGOs and members of the international community raised concerns 
regarding the government's handling of the case of two Israeli 
businessmen who won a 168 million lari ($100 million) arbitral award 
against the government and were subsequently arrested on bribery 
charges. The businessmen, Ronny Fuchs and Zeev Frankiel, were secretly 
filmed offering senior Georgian officials a multimillion dollar bribe 
to convince them to drop the government's appeal of the award. They 
were convicted of bribery but characterized their conviction as 
entrapment. According to their attorneys, the government offered to 
settle the bribery case if Fuchs waived his right to the arbitral 
award. In September Fuchs alleged that he had been harassed by prison 
officials. President Saakashvili granted both men a presidential pardon 
on December 2 after they negotiated a reduced settlement for the 
arbitration award.
    During the year the government adopted some new measures to combat 
corruption, for example, introducing an electronic procurement system 
to make data of state agencies more transparent to citizens. Reforms at 
the Revenue Service, including the adoption of a new tax code, 
appointment of a new Revenue Service head, and creation of a business 
ombudsman, reduced the ability of Revenue Service officials to apply 
political pressure. Reports that businesses experienced oppressive and 
work-stopping audits decreased during the year. The transition to risk-
based audits and the option for private audits reduced the perception 
of political abuse by the Revenue Service.
    The Ministry of Justice took some steps during the year to curb 
bribery, prosecuting 69 public officials for accepting bribes, of whom 
60 were convicted. In addition five public officials were convicted of 
paying a bribe. There were no convictions of officials for trading in 
influence or of judges or prosecutors for corruption-related offenses. 
The Ministry of Justice's Inspector General's Office actively enforced 
internal ethics and disciplinary rules in the Prosecution Service.
    The law requires public officials to submit yearly declarations of 
their own and family members' financial incomes and property for tax 
inspection. The Bureau of Declarations received the financial 
declarations, and the Prosecutor's Office investigated government 
corruption cases.
    The law provides for public access to government meetings and 
documents. In practice, however, the government sometimes did not 
provide access. According to 2010 Transparency International/Georgia 
field tests, agencies provided satisfying responses in 79 percent of 
cases. Although the law states that a public agency shall release 
public information immediately or no later than 10 days after receiving 
a request, agencies sometimes delayed release indefinitely. NGOs noted 
that a 100 lari ($60) fee for court information was burdensome and 
limited the ability to access information. In addition the freedom of 
information law restricts third-party access to information on cases 
involving the government in international courts.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups in most cases 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Some NGOs enjoyed close 
cooperation with the government, and officials were cooperative and 
responsive to their views, while others complained they had 
insufficient access to government officials and their views were 
ignored. Some NGOs also reported instances of official harassment.
    The major human rights problems that caused tensions between the 
government and NGOs during the year were the alleged mistreatment of 
prisoners, excessive use of force and subsequent lack of transparency 
in investigations relating to the May 26 protests, harassment of human 
rights defenders and journalists, the conduct of IDP evictions, and a 
lack of transparency in cases against journalists.
    In a July 20 statement, the NGO Human Rights Center noted continued 
challenges to democratic freedom, citing increased use of police force 
to disrupt demonstrations, incidents of police intimidation of human 
rights NGOs, and pressure against media and civil society.

    U.N. and Other International Bodies.--De facto authorities in 
Abkhazia allowed some international organizations, including several 
U.N. agencies, to operate there on a limited basis, but only the ICRC 
had a specific human rights mandate. De facto authorities in South 
Ossetia allowed no international organization except the ICRC to 
operate there on a regular basis, but a few organizations, including 
the Council of Europe and the OSCE, gained extremely restricted and 
intermittent access, also without a human rights mandate.

    Government Human Rights Bodies.--NGOs continued to view the Public 
Defender's Office as the most objective of the government's human 
rights bodies. The constitutionally mandated office monitored human 
rights conditions and investigated allegations of abuse. The public 
defender's authority does not include the power to initiate prosecution 
or other legal actions, but he can recommend action, and the government 
must respond. The office generally operated without government 
interference and was considered effective. However, the public defender 
reported that the government often responded partially or not at all to 
inquiries and recommendations. Ministries which demonstrated patterns 
of partial, delayed, or nonresponses to requests for information 
included the Ministry of Correction and Legal Assistance, Ministry of 
Justice, Ministry of Defense, and Ministry of Internally Displaced 
Persons from the Occupied Territories, Refugees, and Accommodations.
    The public defender has the right to make nonbinding 
recommendations to law enforcement agencies to investigate particular 
human rights cases. The public defender must submit an annual report on 
the human rights situation for the calendar year, but can make periodic 
reports as the office deems necessary. Government offices must respond 
to all requests for information from the Public Defender's Office 
within 10 days. The office may not report on torture unless the victim 
gives clear consent. De facto authorities in the occupied territories 
did not grant the office access to those territories. The parliamentary 
Committee on Human Rights and Civil Integration, the Ministry of 
Internal Affairs' Human Rights Division, and the National Security 
Council's human rights advisor had mandates to investigate claims of 
abuse.
    By law the prosecutor general is charged with protection of human 
rights and fundamental freedoms. The Human Rights Unit of the Office of 
Chief Prosecutor monitored overall prosecution and supervision of 
compliance with national and international human rights standards. The 
unit reviewed statistical and analytical activities within the 
prosecution system and was responsible for considering and responding 
to human rights recommendations of national and international human 
rights institutions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, religion, disability, language, or social status. However, the 
government did not always enforce these prohibitions effectively.

    Women.--Rape and Domestic Violence.--Rape is illegal, but spousal 
rape is not specifically addressed by criminal law. Criminal cases of 
rape generally could be initiated only after a complaint by the victim. 
A first-time offender may be imprisoned for up to seven years; a repeat 
offender or perpetrator of rapes of multiple victims may receive up to 
10 years' imprisonment. If the victim is, or becomes, pregnant, 
contracts HIV/AIDS, or is subjected to extreme violence, the sentence 
may be increased to 15 years. If the victim is a minor in any of these 
cases, the sentence may be increased up to 20 years. During the year 
investigations were initiated in 126 rape cases, compared with 118 in 
2010. Observers believed many instances of rape were unreported due to 
the social stigma for victims and because police did not always 
investigate reports of rape.
    Domestic and other violence against women was a problem. NGOs 
believed cases were underreported. According to statistics from the 
Ministry of Internal Affairs, 445 domestic violence cases were reported 
to police during the year.
    Domestic violence is an administrative offense that is legally 
defined as a violation of the constitutional rights and liberties of 
one member of a family by another through physical, psychological, 
economic, or sexual violence or coercion. Domestic violence is not 
specifically criminalized. Authorities prosecuted perpetrators of 
domestic violence under criminal provisions, such as battery or rape.
    The law allows victims to seek immediate protective orders from 
courts against domestic abusers and authorizes police to issue 
temporary restraining orders against persons suspected of abusing a 
family member. Restraining orders were issued in 56 percent of domestic 
violence cases reported to police during the year, and courts issued 52 
protective orders. A court must approve a restraining order within 24 
hours of a victim's application. Such orders prohibit the abuser from 
coming within 310 feet of the victim and from using common property, 
such as a residence or vehicle, for six months. A victim may request an 
unlimited number of extensions of a restraining order. Violation of a 
restraining order results in an administrative fine.
    During the year the Ministry of Justice established a fully staffed 
and trained victim/witness coordinators program within the Chief 
Prosecutors Office to better provide services to victims of domestic 
violence and sexual assault. The goal of the program was to increase 
the number of victims willing to report assaults and follow through on 
their prosecution.
    NGOs reported that police response to domestic violence calls and 
use of the national referral system for victims improved from 2010 due 
to training. During the year Tbilisi police patrol inspectors, regional 
police officers, and prosecutors received domestic violence-related 
training, as did police officers in eight other cities.
    Local NGOs and the government jointly operated a hotline and 
shelters for abused women and their minor children, although space in 
the shelters was limited. There were two state-run and two NGO-run 
shelters for domestic violence victims. All adhered to the same 
standardized regulations and generally provided the same services. The 
total capacity of the shelters was 56 women. There were no facilities 
or support services available for men. There were some complaints that 
the hotline could not be called toll free from a cellular telephone. 
Shelters included crisis centers that offered domestic violence victims 
psychological, medical, and legal assistance. The State Fund, an 
interagency government department that works with NGOs on gender-based 
issues, reported that 1,140 consultations were conducted by telephone 
or in person during the year. The State Fund reported that the shelters 
hosted 36 women and 53 minor children during the year.
    During the year the government/NGO Interagency Council on Gender-
based Issues continued a public awareness campaign to publicize the 
domestic violence hotline, coordinate domestic violence training in 
partnership with the Prosecution Service and police, and maintain the 
two state-run domestic violence shelters.

    Other Harmful Traditional Practices.--Kidnapping of women for 
marriage occurred in ethnic minority areas and communities, but was 
rare. Such kidnappings reportedly often were arranged elopements. 
Police rarely took action in these cases, although the law criminalizes 
kidnapping.

    Sexual Harassment.--Sexual harassment against women in the 
workplace was a problem. NGOs stated that discrimination against women 
in the workplace existed, but instances were underreported. While the 
law prohibits sexual harassment, it was not effectively enforced, and 
authorities rarely investigated complaints. During the year 
investigations were initiated in seven cases related to sexual 
harassment.

    Reproductive Rights.--Couples and individuals have the legal right 
to decide freely the number, spacing, and timing of their children. 
Information was accessible so families and individuals could make 
reproductive decisions free from discrimination, coercion, or violence.

    Discrimination.--The law provides for the equality of men and 
women. However, it was not always implemented in practice. The 2010 
Gender Equality Law provides for the establishment of a national 
women's council, enhancement of women's security, equality in the labor 
market, and strengthening of women's political participation. The law 
also introduced gender-responsive planning and budgeting on the part of 
the government. On May 5, parliament approved a National Action Plan on 
Gender Equality for the years 2011-13. The Public Defender's Office 
monitored gender equality cases.
    Although some observers noted continuing improvement in women's 
access to the labor market, women remained primarily confined to low-
paying and low-skilled positions, regardless of their professional and 
academic qualifications, and salaries for women lagged behind those for 
men. According to the World Bank's Gender Equality and Development 2012 
report, during 2011 women in the country earned on average 60 percent 
as much as men engaged in similar work. As a result, many women sought 
employment outside the country.

    Children.--Birth Registration.--The law provides for acquisition of 
citizenship by birth on the country's territory. It applies to children 
of stateless individuals. According to statistics from the U.N. 
Children's Fund (UNICEF), the births of 97 percent of children under 
the age of five were registered.
    Romani children were usually born at home, and their parents 
frequently did not register their births with the government. Since 
official identification is required to receive medical treatment and 
other public services, the lack of identification and the reluctance of 
parents to apply for such services could deprive Romani children of 
access to medical and other services.

    Education.--The quality of education fluctuated greatly between 
urban and rural areas and between Tbilisi and the regions. Children of 
noncitizens often lacked the necessary documentation for school 
registration, impeding registration in some cases. The quality of 
education in the occupied regions of Abkhazia and South Ossetia, 
outside of the government's control, was reportedly poor. In rural 
areas school facilities were often inadequate and lacked heating, 
libraries, and blackboards.

    Child Abuse.--There were some reports of child abuse, particularly 
of street children, although there was no societal pattern of such 
abuse. According to the Ministry of Justice, 45 cases of rape, six 
cases of sexual abuse involving violence, and 26 cases of coercion into 
sexual acts involving minors were reported during the year.
    In May 2010 a child referral mechanism was established to refer 
children who had suffered abuse to the relevant community and state 
services in coordination with stakeholders, including police, schools, 
and social service agencies. According to the Public Defender's Office, 
during the year 53 cases of abuse of children were reported, of which 
14 involved physical abuse and 42 involved neglect and emotional abuse.

    Child Marriage.--According to UNICEF data, 14 percent of women 
between the ages of 20 and 24 were married or cohabitating with a 
partner before they were 18 years old. The legal minimum age for 
marriage for both men and women is 18, although some exceptions were 
authorized at 16.

    Sexual Exploitation of Children.--Commercial sexual exploitation of 
children and child pornography are punishable by up to three years' 
imprisonment. Street children and children living in orphanages were 
reportedly particularly vulnerable to exploitation. According to the 
Ministry of Internal Affairs, the number of cases was very small.
    There is an explicit statutory rape provision that classifies 
sexual intercourse with a juvenile as rape. Other sexual crimes carry 
increased levels of punishment if the victim is a juvenile. The 
criminal code prohibits sexual intercourse with juveniles under the age 
of 16, provided the perpetrator is shown to be aware of the age of the 
victim. In such cases the penalty is a fine and/or incarceration for up 
to three years.

    Displaced Children.--Difficult economic conditions contributed to 
the problem of street children, although the number was not considered 
to be high and decreased yearly. A study covering the period 2007-08 by 
the NGO Save the Children indicated that approximately 1,500 children 
lived and worked in the streets. The Ministry of Labor, Health, and 
Social Affairs operated a shelter in Tbilisi and, according to the 
Public Defender's Office, hosted 43 children during the year. The 
office reported a lack of information about street children and noted 
inadequate resources were devoted to them. In November the government 
created an interagency committee composed of representatives of several 
ministries and UNICEF to better address issues of street children.
    There were unconfirmed reports that police harassed street 
children. Patrol police routinely transferred street children to 24-
hour care centers, which lacked resources for treatment and 
rehabilitation of children, many of whom were substance abusers or 
suffered from mental disorders.
    The conflicts in Abkhazia and South Ossetia displaced thousands of 
children. Even before the conflicts, UNICEF reported that health 
services in both regions were scant, immunization rates were lower than 
elsewhere in the country, schools were deteriorating, and malnutrition 
was a serious problem.
    Many orphanages were unable to provide adequate food, clothing, 
education, medical care, or facilities and often lacked heat, water, 
and electricity. According to government statistics, the number of 
institutionalized children decreased from an estimated 5,000 in 2000 to 
440 during the year. The government began working in February 2010 to 
close or rehabilitate the remaining orphanages.
    In an effort to replace large-scale orphanages with smaller scale 
foster parenting arrangements, 37 small group homes, run by specially 
employed foster parents and funded by the state and donor 
organizations, had been opened throughout the country, 20 of which 
became operational in 2011. By year's end the government had closed 10 
of 20 large-size orphanages, and 144 children were reintegrated with 
biological families, 81 placed in foster care, and 200 placed in small 
group homes.

    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 was estimated to be 8,000.

    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 law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, or the provision of other state services or other areas. However, 
the government was not effective in enforcing these provisions. 
Discrimination, including social, educational, and employment 
discrimination, against persons with disabilities was a problem. Most 
schools did not provide appropriate educational services because of a 
lack of qualified instructors.
    The law mandates access to buildings for persons with disabilities 
and stipulates fines for noncompliance. However, very few public 
facilities or buildings were accessible, although notably the newly 
constructed presidential residence, the Ministry of Internal Affairs, 
Ministry of Justice, Ministry of Education, and Office of the Public 
Defender's buildings complied with the law.
    There were nine major committees in the country that evaluated 
children with disabilities and assisted with their integration in 
schools. Approximately 200 schools became accessible during the year by 
providing access ramps and other facilities. During the year standards 
for day care centers for children with disabilities were developed and 
all centers were evaluated based on these standards. The evaluations 
revealed problems in the majority of centers, including poor quality of 
services, lack of adaptation of buildings to special needs, and poor 
access to learning materials. The Ministry of Education closed five 
boarding schools for children with disabilities and transferred 
students to inclusive education facilities during the year. However, 
families reported the ministry did not provide transitional costs, such 
as transportation, in many cases.
    In the 2010 Situation of Human Rights and Freedoms in Georgia 
report, the Public Defender's Office noted that living conditions at 
institutions for persons with mental and physical disabilities were 
poor, including poor ventilation, lack of heat, lack of access to 
hygiene products, and poor nutrition. Patients who were admitted 
voluntarily were not allowed to leave of their own free will. The 
report noted a serious shortage of medical, psychological, and social 
rehabilitation services so severe that residents could not leave their 
rooms for years due to the unadapted environment and the lack of 
wheelchairs.

    National/Racial/Ethnic Minorities.--Georgian language skills 
continued to be the main impediment to integration for the country's 
ethnic minorities; political, civic, economic, and cultural integration 
challenges also remained. The government took several steps to 
integrate ethnic minority communities through Georgian-language 
instruction, education, and participation in several programs seeking 
to promote civic, cultural, and economic integration of minorities. 
Access to higher education improved, as did transportation 
infrastructure to high minority population areas, and several state 
agencies actively participated in civic integration programs. The 
European Commission against Racism and Intolerance (ECRI) noted in its 
June 2010 report that the government continued to provide Georgian-
language instruction to members of ethnic minorities serving in the 
armed forces and police and had developed projects to teach tolerance 
and respect among students for other ethnic and religious groups. 
However, NGOs, the public defender, and governmental organizations 
continued to report instances of discrimination and violence against 
ethnic minorities during the year. The Public Defender's Office 
specifically mentioned lack of political participation and unequal 
access to employment and educational opportunities as persistent 
problems for minorities in its 2010 Situation of Human Rights and 
Freedom report.
    Ethnic Armenians, Azeris, Abkhaz, South Ossetians, and Russians 
usually communicated in their native languages or in Russian in the 
areas where they were the dominant ethnic groups. The law requires that 
ethnic minority students learn Georgian as a second language. The 
government continued to provide education in the state language and 
minority languages in minority regions.
    Many NGOs in minority regions stated that they saw an improvement 
during the year in the number of opportunities for Georgian-language 
instruction and in the quality of the classes. The government 
introduced new bilingual textbooks in 40 pilot public schools in 
minority regions. However, members of minority communities reported 
many students and some teachers were unable to understand some of the 
content because 30 percent of the text was untranslated Georgian. 
Members of the Muslim community also reported some texts treated 
historic religious accounts and figures disrespectfully. The public 
defender's Tolerance Center also received complaints from several 
ethnic minority families that some schools displayed Georgian Orthodox 
religious objects in schools. A letter addressed to the Ministry of 
Education from the Tolerance Center, requesting such objects be 
removed, received no response.
    Students were able to take university entrance exams in minority 
languages and could take advantage of a program under which the 
government offered and funded one year of intensive Georgian language 
instruction and four years of university education for students who 
passed the entrance examinations in minority languages. The number of 
ethnic minority students enrolled in this program doubled during the 
year to 432. A quota system required that a minimum of 10 percent of 
all national university seats be allocated to Armenian and Azeri-
speaking students. According to government statistics issued during the 
year, 245 Armenian, 185 Azeri, and two Abkhaz speakers were admitted to 
the public universities through the quota system.
    Some minorities claimed that the law requiring all government 
officials to speak Georgian excluded them from participating in 
government. In addition some government materials distributed to the 
public were only available in Georgian. According to the Ministry of 
Reintegration, it translated all major legislative acts into Armenian, 
Azeri, and Russian.
    The Zen School of Public Administration in Kutaisi provided courses 
specifically for students from minority areas and facilitated 
integration of future public servants from minority areas into Georgian 
society.
    There was a significant surge in statements in the media against 
ethnic minorities following the July passage of a law allowing all 
minority religious organizations registered in Council of Europe 
countries to register as ``entities of public law,'' a status 
previously accorded only to the Georgian Orthodox Church. NGOs reported 
that Georgian Orthodox clergy, some opposition party leaders, members 
of the academic community, and others made critical statements in the 
first few days following passage of the law. The public defender also 
criticized major NGOs working on minority rights for their allegedly 
weak response to the surge in hate speech following the adoption of 
this law. On July 28, the Tolerance Center hosted a roundtable on 
minorities and hate speech in media and public discourse.
    In August authorities dismissed Robert Sturua, artistic director of 
the National Theater, for making statements considered to be 
xenophobic.
    The Public Defender's Office reported that its investigation 
continued into allegations Vahagn Chakhalian was beaten in prison in 
2010. Chakhalian was serving a 10-year sentence on charges of 
organizing a riot, hooliganism, and illegal purchase and possession of 
a firearm. An Armenian NGO alleged the arrest was politically 
motivated.
    The law permits the repatriation of the Muslim Meskhetian 
population, a national minority group that Stalin deported in 1944. 
More than 5,800 Meskhetians had filed for repatriation by January 2010. 
More than 150 returned unofficially over the previous three years, 
quietly settling in Akhaltsikhe and Abastumani. As of year's end, 300 
applications had been reviewed, but there were no official 
repatriations due to the long and complicated process. According to the 
NGO Toleranti, due to the relatively small number of Meskhetians, there 
were no tensions with the local population.
    The ECRI reported that Roma appeared to suffer from widespread 
societal prejudice and marginalization and noted that the government 
needed to do more to integrate Roma. During the year the European 
Center for Minority Issues estimated the Romani population at 1,500, 
with no more than 300 in any one location. The most recent census, 
conducted in 2002, reported the number of Roma at 472. Roma were found 
principally in the Tbilisi, Kutaisi, Kobuleti, Kakheti, and Sukhumi 
regions.
    Ethnic Georgians living in the Gali district of Abkhazia had no 
legal access to education in the Georgian language. In practice, 
instruction in Georgian occurred, but with limitations. Teachers who 
did not speak Abkhaz instructed students in Georgian but were often 
harassed by Abkhaz de facto authorities, who also did not provide 
funding for teachers of Georgian. Local communities had either to pay 
for teachers themselves, make arrangements for teachers to cross from 
undisputed Georgian territory to teach, or send their children from 
Abkhazia for Georgian-language lessons. An increasingly strict boundary 
regime imposed by Russian border guards made the latter two 
alternatives more and more difficult. There were reports of Russian 
border guards detaining children attempting to cross the boundary for 
language lessons.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Social prejudices against 
lesbian, gay, bisexual, and transgender (LGBT) persons were strong, and 
the Georgian Orthodox Church strongly condemned same-sex sexual 
activity. During the year only two LGBT organizations worked openly 
because of extensive societal stigma against LGBT persons. Problems 
reported included incidents of police mistreatment, family violence, 
and verbal and physical societal abuse. Identoba, an LGBT advocacy and 
support NGO, reported victims of discrimination and violence were 
reluctant to report incidents to police for fear of disclosing their 
sexual orientation to family members and homophobic police reactions.
    Identoba reported that in March several young LGBT persons were 
involved in an argument outside a bar in Tbilisi. When the police 
arrived to quell the dispute, the participants were transferred to a 
local police station and questioned. One participant reported that 
police used homophobic language and sexually harassed the detainees 
throughout the interrogation until they were released the next morning.
    There was an unconfirmed report in September that three German 
tourists were beaten and thrown into a river in Tusheti after their 
hosts learned of their sexual orientation. However, no complaints were 
filed with the local police or the German embassy in Tbilisi, and no 
investigation was undertaken.

    Other Societal Violence or Discrimination.--NGOs reported that 
social stigma resulted in individuals avoiding testing and treatment 
for HIV/AIDS. Some health-care providers, particularly dentists, 
refused to provide services to HIV-positive persons. Individuals often 
concealed their HIV-positive status from employers for fear of losing 
their jobs.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The country's labor code allows all workers, including government 
employees, to form and join independent unions, protects the right to 
strike and bargain collectively, and prohibits antiunion 
discrimination. However, the law restricts the right of employees of 
law enforcement agencies, medical doctors, firemen, personnel of the 
Prosecutor General's Office, and the employees of certain ministries 
(for example, defense) to form and join unions and to strike.
    Labor unions asserted that certain provisions of the labor code 
limit the mechanisms available to workers for the exercise of these 
rights. At least 100 members are needed for a trade union to be 
registered, a requirement considered unreasonable by the International 
Labor Organization's Committee of Experts on the Application of 
Conventions and Recommendations. The AFL-CIO also noted that the law 
permits a court to suspend the activity of a trade union if the union 
stimulates social conflict, a provision susceptible to being misapplied 
to suspend legitimate trade union activity.
    According to trade unions, the law did not establish a coherent 
process for commencing strikes. Strikes were limited to 90 days in 
duration and were permissible only in cases of conflict of rights, not 
conflict of interests. Workers generally exercised their right to 
strike in accordance with the labor code, but strikes were rare.
    The law prohibits employers from discriminating against union 
members or union-organizing activities, and employers may be prosecuted 
for violations and forced to reinstate employees and pay back wages. 
However, the labor code allows employers to terminate employment at 
will and without cause, providing a pretext to fire employees on 
discriminatory grounds or for union activism.
    The government frequently did not respect these rights in practice 
or effectively enforce applicable laws. Approximately 10 percent of the 
employed population was unionized, a proportion that rose to more than 
31 percent if persons categorized as self-employed were excluded. The 
principal association of unions is the Georgian Trade Union 
Confederation (GTUC), which represented unions in 22 sectors with more 
than 194,764 unionized workers. There were a few small unions for civil 
servants, agricultural workers, and artists, but they did not 
participate in the GTUC. Generally the union membership democratically 
elected union leaders.
    Unions reported government interference in union activity in 
several areas, including instances of government harassment and 
intimidation, interference with collection of dues, and arbitrary 
dismissals. On September 15, three days into a strike at the Kutaisi 
Hercules Metallurgical plant, police detained 18-40 persons for 
allegedly blocking access to the factory. The detained strikers were 
held between three and six hours and were required to sign 
``protocols'' before they were released. GTUC claimed that these were 
``pledges'' promising never to strike or join a union. According to the 
Ministry of Internal Affairs, the protocol informed the strikers that 
elements of their actions were illegal.
    The Public Defender's Office and GYLA both stated the dispersal of 
the strike and subsequent detention of strikers violated the law 
because the strikers acted in accordance with the law on public 
assembly and did not block access to the factory. GYLA alleged police 
obstructed their access to legal representation by denying that the 
strikers were in custody. The Public Defender's Office demanded an 
investigation by the Prosecutor's Office into the dispersal of the 
strike and detention of the strikers. The Ministry of Internal Affairs 
declined to investigate, responding that the strike was not dispersed, 
only 18 strikers were asked to sign the protocol, and no strikers were 
formally detained.
    The government did not always protect the right to bargain 
collectively in practice. The practice of collective bargaining was not 
widespread, and employers are not obliged to engage in collective 
bargaining even if a trade union or a group of employees wishes to do 
so.
    The government continued to interfere with unions' ability to 
collect dues. The government no longer permitted the Educators and 
Scientists Free Trade Union of Georgia (ESFTUG--the teachers' union), 
the National Railway Association Worker's Union, and the Health Care 
Workers' Union to deduct union members' dues from paychecks, a practice 
known as the check-off system. The government also prohibited the 
ESFTUG from collecting dues during union meetings in schools, leaving 
union members no choice but to electronically transfer dues, a process 
in which half of the dues were lost to bank transaction fees. The 
inability to collect dues seriously impaired the unions' ability to 
function.
    ESFTUG and the Health Care Workers Union reported government 
interference with union activity during the year. ESFTUG reported that 
school ``mandators'' tracked which teachers were union members and 
alleged that teachers were dismissed due to union membership. The 
president of the Healthcare Workers Union reported that government 
officials in the Ministry of Health offered him alternative employment 
if he stepped down from his position as union president.
    The GTUC and its national unions continued to report serious cases 
of management warning staff not to organize trade unions and employee 
dismissals for union activity. For example, in September, after workers 
at the Hercules metallurgical factory notified management that they had 
organized a union, the factory allegedly terminated six union board 
members. Workers subsequently held a warning strike, and 11 more 
workers were terminated. Ten days later the union began a full strike 
with participation by approximately 150 workers. Before and during the 
strike, management allegedly threatened workers who participated in the 
strike with dismissal. At year's end all but three workers had been 
rehired after reportedly promising never to participate in a strike 
again.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor. However, there were reports 
that men and women were trafficked from and through the country for 
labor. There were no confirmed reports of foreign victims being 
trafficked to the country for 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.--
Child labor was uncommon, although the Public Defender's Office noted 
that one of the major deficiencies of the labor code was insufficient 
attention to the rights of minors. Although official data was not 
available, a 2007 survey estimated that 77.4 percent of working 
children were employed intermittently on family farms, while 18.4 
percent worked in family enterprises. The International Trade Union 
Confederation reported that children living in rural areas were 
slightly more involved in child labor. Children in urban areas were 
susceptible to trafficking for work in the streets, begging, or selling 
small items.
    The most visible form of child labor was street begging in Tbilisi. 
The NGO Save the Children estimated that the number of street children 
decreased to approximately 1,500 in 2009 from 2,500 in 1999. Some 
experts reported that the number decreased further since that date.
    Many minors under the age of 16 worked and performed chores on 
small family-owned farms in rural areas. In most cases this work was 
not abusive and not categorized as child labor. However, in some ethnic 
minority areas, family farm obligations were reported to disrupt the 
ability to attend school. Some observers suggested that school 
participation by ethnic minority children was especially low. Some 
families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti 
(where there is also a significant ethnic Azeri population) worked on 
distant pastures for six to nine months a year, meaning that their 
children seldom attended school. Statistics were not available.
    In most situations the minimum legal age for employment is 16. In 
exceptional cases, children may work with parental consent at the ages 
of 14 and 15. Children under the age of 18 may not engage in unhealthy 
or underground work, and children between the ages of 16 and 18 are 
subject to reduced working hours and prohibited from working at night. 
The labor code permits employment agreements with persons under the age 
of 14 in sports, arts, cultural activities, and for performing 
advertising services.
    The Ministry of Labor, Health, and Social Affairs reported 
receiving no complaints about child employment, although no single 
government entity is charged with investigation of child labor 
allegations unless the case contains criminal elements. The police 
investigated one such case on referral from the Public Defender's 
Office.
    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 for 
public sector employees is 115 lari ($68) and has remained the same 
since 2005. Minimum wage for private sector employees is 90 lari ($54) 
per month. The official subsistence level income is 138 lari ($82) for 
the average consumer and 276 lari ($164) for a family of four. The 
labor code provides for a 41-hour work week and for a weekly 24-hour 
rest period unless otherwise determined by a labor contract. According 
to the code, shifts must be at least 12 hours apart. Pregnant women or 
women who have recently given birth may not be forced to work overtime 
without their consent. Overtime is defined as work that exceeds the 
work hours addressed in the employment agreement. If the employment 
agreement does not specify business hours, then overtime is considered 
to be performance exceeding 41 work hours per week. Terms of overtime 
labor are defined by agreement between the parties. The labor code also 
permits an employer to change the hours of work by 90 minutes without 
renegotiating the terms of any labor contact. NGOs contended that this 
provision would effectively require employees to work overtime without 
compensation, a violation of the constitutional prohibition against 
compulsory labor. The law does not explicitly prohibit excessive 
overtime.
    The government set occupational health and safety standards, but 
the Public Defender's Office listed the failure to ensure safe 
conditions for workers as one of the major deficiencies of labor code 
implementation. There is no government body responsible for workplace 
monitoring. The Technical and Oversight Inspection Agency had some 
inspection responsibility, but only for occupations codified as 
hazardous. There are no government labor inspectors.
    After three explosions in a Tkibuli mine in 2010 killed nine 
miners, workers went on strike in February over workplace safety and 
pay rates. Although management and the Metallurgical, Mining, and 
Chemical Workers' Union stated conditions improved, four more workers 
died in three separate accidents in the mine in 2011.

                               __________

                                GERMANY

                           EXECUTIVE SUMMARY
    Germany is a constitutional, parliamentary democracy. Citizens 
choose their representatives periodically in free and fair multiparty 
elections. The head of the federal government, the chancellor, is 
elected by the Federal Parliament (Bundestag). The second legislative 
chamber, the Federal Council (Bundesrat), represents the 16 states at 
the federal level and is composed of members of the state governments. 
The most recent national elections for the Bundestag took place in 
2009. Security forces reported to civilian authorities.
    Right-wing extremist offenses were a source of significant public 
and official concern. In November police arrested persons linked to a 
right-wing extremist group, the National Socialist Underground, for the 
killings of nine persons with Turkish or Greek backgrounds as well as 
one policewoman over a period of 13 years. Members of the extreme right 
also perpetrated a number of anti-Semitic acts, the most widespread of 
which were the desecration of Jewish cemeteries or other monuments with 
graffiti including swastikas and racist slogans. Challenges facing 
persons with disabilities were the topic of public discussion: e.g., 
some nongovernmental organizations (NGOs) questioned the practice of 
teaching children with disabilities in designated schools with special 
facilities, fearing that this segregates the children from society and 
hinders their future integration as full members of society. Finally, 
there was also some societal violence and discrimination because of 
sexual orientation.
    Human rights problems during the year included the system of 
``subsequent preventative detention'' that European and national courts 
have ordered reformed. Citizens challenged the government's collection 
of a vast amount of cell-phone data during demonstrations on February 
19, resulting in court decisions requiring the government to be more 
selective in its collection of information and to protect it better. 
The government limited the freedoms of speech, press, assembly, and 
association of neo-Nazi and other groups it deemed extremist. There 
were questions about whether the country's ``fast procedure'' for 
determining the refugee status of asylum seekers gave applicants a fair 
hearing. There were reports of societal violence against women, and sex 
and labor trafficking of women, men, and children. The gender disparity 
in pay was significant, as women were concentrated in lower-paying jobs 
and in part-time work. Some societal discrimination against persons 
with HIV/AIDS was reported.
    The government took steps to prosecute and punish officials in the 
security services and elsewhere in government who committed abuses. 
There were no reports of impunity involving the 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.
    On May 12, John Demjanjuk was sentenced by a Munich court to five 
years' imprisonment on 28,060 counts of accessory to murder--the number 
of inmates who died during the time he worked as a guard at the Sobibor 
extermination camp in German-occupied Poland during World War II. The 
91-year-old Demjanjuk was released to a retirement home south of Munich 
pending appeal. In July prosecutors in Weiden, Bavaria, opened an 
investigation of Demjanjuk's work as a guard at the Flossenbuerg 
concentration camp in 1943-44, during which time more than 5,000 
inmates were killed.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and there were 
no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted visits by independent human rights observers.
    According to the Federal Statistics Office, the country's prison 
population as of August 31 was 69,697, including 3,869 women and 10,783 
pretrial detainees. Of the latter, 359 were juveniles under age 18. The 
prison system had a capacity of 78,762 inmates. Prisoners and detainees 
had access to potable water, reasonable access to visitors, and could 
engage in religious observance. Authorities permitted convicts and 
detainees to submit complaints to judicial authorities without 
censorship. Authorities investigated credible allegations of inhumane 
conditions. The government investigated and monitored prison and 
detention center conditions. There is no ombudsman for prisons or 
prisoner affairs.
    The government permitted the monitoring of prison and detention 
centers by independent nongovernmental observers, including the Council 
of Europe's Committee for the Prevention of Torture, in accordance with 
their standard modalities. During the year the Federal Agency for the 
Prevention of Torture conducted numerous visits of facilities 
throughout the country and reported on them.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over police and the Federal Criminal 
Investigative Service, and the government has effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year.

    Arrest Procedures and Treatment While in Detention.--Authorities 
may arrest an individual only on the basis of a warrant issued by a 
competent judicial authority, unless police apprehend a suspect in the 
act of committing a crime or have strong reason to believe that the 
individual intends to commit a crime. If there is evidence that a 
suspect might flee the country, police may detain that person for up to 
24 hours pending a formal charge. The constitution provides that 
authorities must bring a person detained on suspicion of having 
committed a criminal offense before a judge no later than the day after 
his arrest. At that time the judge must inform him of the reasons for 
the arrest and give him an opportunity to raise objections. The law 
entitles a detainee to prompt access to an attorney, either one of his 
choosing or, if he does not select one, one appointed by the court. The 
court must then issue an arrest warrant stating the grounds for 
detention; otherwise the court must order the individual's release. 
Authorities generally respected these rights in practice.
    Bail exists but was infrequently granted. Authorities usually 
released persons awaiting trial unless a court decided that there was a 
clear risk that they might flee. In such cases authorities could hold 
detainees for the duration of the investigation and subsequent trial, 
subject to judicial review. Time spent in investigative custody applies 
towards any eventual sentence. If a court acquits a defendant who was 
incarcerated, the government must compensate the defendant for 
financial losses as well as for ``moral prejudice'' due to the 
incarceration.
    While the law does not allow courts to punish persons twice for the 
same crime, a court may order an offender convicted of rape, homicide, 
or manslaughter to spend additional time in subsequent preventive 
detention after completion of sentence if the court determines that the 
offender represents a continuing danger. The law permits imposition of 
subsequent preventive detention for an indefinite period.
    On April 14, the European Court of Human Rights (ECHR) ruled 
against the government's system of subsequent preventive detention and 
the retroactive application of the law in certain cases involving 
subsequent preventive detention. The ECHR found that the government 
violated its commitments in the European Convention on Human Rights to 
impose ``no penalty without a law'' and to protect the right to 
freedom. The ruling came in response to a complaint by a man from 
Baden-Wuerttemberg who had been sentenced to three years in prison for 
a sexual offense but was imprisoned for a total of 17 years under the 
application of subsequent preventive detention. In response to this and 
earlier ECHR rulings, the government introduced reforms, including one 
providing that, as of January 1, 2011, subsequent preventive detention 
could no longer be applied retroactively.
    In May the Federal Constitutional Court ruled that regulations on 
subsequent preventive detention, including recent reforms, were 
unconstitutional as a violation of the basic right of personal freedom. 
The court ruling required the legislative branch of government to amend 
the law by May 31, 2013, and defined tight preconditions for 
implementation of subsequent preventive detention (such as high-grade 
risk of severe violent, sexual criminal offenses, or mental disorder).

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair, public trial, and an independent judiciary generally enforced 
this right. Juries are not used. Cases may be tried by a single judge, 
a panel of professional judges, or a mixed panel of professional and 
non-professional judges, depending on the severity of the charges. 
Defendants enjoy a presumption of innocence and have a right of appeal. 
The law requires defendants to be present at their trials. Defendants 
have the right to consult with an attorney. According to the law, 
before any interrogation begins authorities must inform a suspect, 
arrested or not, of his or her right to consult an attorney. The 
government provides an attorney at public expense if defendants 
demonstrate financial need. Defendants may confront and question 
witnesses against them and present witnesses and evidence on their 
behalf. Defendants and their attorneys have access to all court-held 
evidence relevant to their cases.

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

    Civil Judicial Procedures and Remedies.--An independent and 
impartial judiciary in civil matters provides access to a court to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation. Decisions in human rights cases can be appealed to the ECHR. 
Administrative remedies for alleged wrongs are available as well.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
government generally respected these prohibitions in practice.
    State-level offices for the protection of the constitution (OPCs) 
in Hesse, Baden-Wuerttemberg, Lower Saxony, North Rhine-Westphalia, and 
Bavaria continued to monitor the Left Party because the party tolerated 
left-extremist groups within its ranks. Other political parties deemed 
potentially hostile to the constitution (such as neo-Nazi National 
Democratic Party) were also under the observation of the federal and 
state OPCs.
    The federal and state OPCs answer for their activities to the 
federal and respective state ministers of the interior in the first 
instance. The ministries, in turn, answer to their respective state and 
federal parliaments. All OPC activities are challengeable in court, 
including ultimately in the Federal Constitutional Court.
    In investigations of certain serious crimes, law enforcement 
officials may monitor the telecommunications of suspects, but only with 
court approval. In intelligence-related cases, such as suspected 
involvement in terrorism, the law permits intelligence services to 
engage in surveillance activities without court approval. However, an 
independent commission elected by a parliamentary control body must 
approve such activities.
    On February 19, during a neo-Nazi demonstration and anti-Nazi 
counterdemonstration in Dresden on the anniversary of the bombing of 
that city in World War II, police in coordination with local mobile 
service providers tracked the movements of previous offenders suspected 
of attending the rally by monitoring cell-phone data. This procedure 
resulted in the collection of approximately 500,000 to one million 
calls and text messages of all cell-phone users in the area. Police 
stated that the data was collected in anticipation that the event would 
become violent, which it did (see section 2.b., Freedom of Assembly). 
The data was later used to investigate the injuries of 112 police 
officers and 200 demonstrators. Dresden Chief of Police Dieter Hanitsch 
was fired as a result.
    On March 2, the Federal Constitutional Court ruled that the law 
requiring the mass storage of telephone and Internet communications 
data was unconstitutional because it violated telecommunications 
privacy. The court ruled that although data storage is not in itself 
unconstitutional, the law was disproportionate and did not provide 
sufficient data protection measures. The court called for all the 
information saved under the law to be deleted ``without delay.'' The 
companies holding the data in question announced their compliance with 
the decision.
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 press. 
However, the law bans Nazi propaganda, material denying the Holocaust, 
and pornography.

    Freedom of Speech.--While the government generally respected these 
rights in practice, it imposed limits aimed at groups it deemed 
extremist. During the year the government arrested, tried, convicted, 
and imprisoned a number of persons for speech that incited racial 
hatred, endorsed Nazism, or denied the Holocaust (see also section 6, 
Anti-Semitism). The government also arrested, tried, and convicted 
eight persons for translating and posting al-Qaida propaganda on the 
Internet. Most of the defendants were juveniles at the time of the 
incident. Three were sentenced in July. The harshest sentence was six 
months' jail time with two years' probation. The sole female defendant 
was ordered to attend an antiaggression course, and the youngest 
defendant was released. On September 29, the Higher Regional Court of 
Munich handed down another three sentences. One defendant received an 
18-month suspended sentence, while the other two received probation and 
80 hours of community service and counseling. On October 11, the 
seventh defendant was sentenced to 200 hours of community service. On 
December 6, the Munich Court sentenced the eighth person to 3.5 years 
in jail for support of a terrorist organization abroad. The court 
concluded there was evidence he had distributed al-Qaida propaganda 
material on the Internet and that he had sought military training in a 
camp in the Iranian-Pakistani border region in 2007.
    On April 10, the Regional Court of Koblenz sentenced nine of the 18 
operators of the right-wing extremist Internet radio program, 
``Resistance Radio,'' to sentences of 21 months to three years in 
prison. The court found the defendants guilty of incitement to hatred 
and instruction in the formation of criminal organizations that exalted 
Nazism and threatened the lives of Jews and foreigners. In August a 
prosecutor in Koblenz arrested an additional 12 operators. Their trials 
were pending at the end of the year.
    On May 17, Berlin's administrative court ruled that the city's 
Kreuzberg district must treat all political parties equally and allow 
the extreme-rightist anti-Muslim group Pro Deutschland to hold a 
meeting in a hall belonging to the city. The Kreuzberg district Green 
Party faction had blocked renting the hall to the group. On the day of 
the planned event, protesters outside the building blocked access so 
that Pro Deutschland was unable to proceed with the meeting.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views with few restrictions. There were no 
prosecutions involving right-wing extremist, racist, or anti-Semitic 
material.

    Internet Freedom.--There were no government restrictions on access 
to the Internet; government agencies may monitor e mail or Internet 
chat rooms in certain circumstances. Individuals and groups could 
engage in the peaceful expression of views via the Internet, including 
by e mail.
    Federal and state laws permit the Federal Office for the Protection 
of the Constitution (FOPC) and its state-level counterparts to monitor 
the private e mails and chat room postings of individuals and groups 
under FOPC and OPC surveillance. An independent commission elected by a 
parliamentary control body was responsible for oversight of such 
activities. The law prohibits access to material such as child 
pornography and Nazi propaganda.
    On May 17, the Stralsund Regional Court rejected the appeal of a 
man fined 3,000 euros ($3,900) on sedition charges. The man operated a 
neo-Nazi Internet portal, Altermedia, on which he published several 
anti-Semitic articles and denied the Holocaust. On October 24, the 
court sentenced him to two years in prison without parole.

    Academic Freedom and Cultural Events.--There were some government 
restrictions on academic freedom or cultural events supporting extreme 
right-wing neo-Nazism.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the government 
usually respected this right in practice. The government occasionally 
prevented certain prohibited organizations, mainly right-wing extremist 
groups, from holding public assemblies. Authorities permitted several 
right-wing extremist or neo-Nazi groups to hold public rallies or 
marches during the year when the assembly was in accordance with the 
law and did not involve a prohibited organization.
    Permits must be obtained for open-air public rallies and marches, 
and state and local officials have authority to deny permits when 
public safety concerns arise or the applicant is a prohibited 
organization. Denials were rare but did occur.
    It is illegal to block an officially registered demonstration, 
including demonstrations organized by neo-Nazi groups. Many anti-Nazi 
activists refused to accept such restrictions and attempted to block 
neo-Nazi demonstrations or hold counterdemonstrations, resulting in 
clashes between police and anti-Nazi demonstrators.
    On February 19, police in Dresden used water cannons, tear gas, 
truncheons, and dogs to break up several thousand anti-Nazi 
counterdemonstrators attempting to block a neo-Nazi rally taking 
advantage of the 66th anniversary of the Allied bombing of the city. 
The ensuing clash between police and demonstrators resulted in injuries 
to more than 200 counterdemonstrators and 112 police officers, 
according to press reports (see also section 1.f.).
    Police may detain known or suspected criminals, usually right-wing 
or left-wing extremists, for brief periods when they believe such 
individuals intend to participate in illegal or unauthorized 
demonstrations. The length of time varies from state to state and can 
range from one to 14 days.
    On May 18, the Mecklenburg-Vorpommern parliament passed a law 
prohibiting neo-Nazi marches and rallies at memorials for the victims 
of World War II.

    Freedom of Association.--The constitution provides for freedom of 
association, and the government generally respected this right in 
practice. The law permits the prohibition of organizations whose 
activities have been judged illegal or opposed to the constitutional 
democratic order. While only the Federal Constitutional Court may 
prohibit political parties on these grounds, federal or state 
governments may prohibit or restrict other organizations, including 
groups that authorities classify as extremist or criminal in nature. 
Organizations have the right to appeal prohibition or restrictions.
    The FOPC and state OPCs are responsible for examining possible 
threats to the constitutional democratic system and monitored several 
hundred organizations. Monitoring generally consisted of collecting 
information from written materials and firsthand accounts, but it also 
included intrusive methods, such as the use of undercover agents who 
were subject to legal oversight. The FOPC and OPCs published lists of 
monitored organizations, including left-wing political parties. 
Although the law stipulates that OPC surveillance must not interfere 
with an organization's activities, representatives of monitored groups 
complained that the publication of the organizations' names contributed 
to prejudice against them.
    In April the interior minister of Brandenburg banned the right-wing 
extremist group Freie Kraefte Teltow-Flaeming, which avowed Nazi 
ideology, advocated xenophobic and racist positions, and distributed 
anti-Semitic propaganda. Police searched 19 sites in Brandenburg and 
one in Berlin, confiscating Nazi propaganda, flags, and symbols. 
Authorities seized property and funds of the organization.

    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.--Laws provide for the 
granting of asylum or refugee status, and the government has 
established a system for providing protection to refugees. The 
constitution extends to foreigners persecuted on political grounds the 
right to apply for asylum in the country. The law also allows the 
granting of refugee status when the persecutors are not representatives 
of the state.

    Safe Country of Origin/Transit.--According to EU regulations, 
individuals who attempt to enter the country through a ``safe country 
of transit,'' i.e., a member state of the EU or a country adhering to 
the 1951 Convention relating to the Status of Refugees, could be turned 
back at the border or, if they had entered the country, deported to 
that safe country of transit. Several NGOs questioned this regulation. 
According to the Interior Ministry, there is no blanket denial of 
asylum to applicants from safe countries of origin. If the applicant 
hails from a safe country of origin, appealing a denial of asylum will 
not prevent authorities from returning the applicant to his country of 
origin before a court issues a decision on the appeal. An applicant may 
prevent an early return by filing an urgent motion with the competent 
court.
    The member states of the EU, Senegal, and Ghana are classified as 
safe countries of origin. Nationals from both countries were granted 
refugee status in 2010.

    Nonrefoulement.--In practice the government generally provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion.
    During the year human rights organizations questioned whether an 
agreement with Kosovo provided adequate safeguards for failed asylum 
seekers who were repatriated there. The federal government considered 
the security situation for returnees in Kosovo as stable, even if they 
belonged to the Romani minority. According to the Federal Ministry of 
the Interior, 528 Kosovars, approximately a quarter of whom were Roma, 
were repatriated in 2010. Between January and July, 252 Kosovars, a 
third of whom were Roma, were returned.

    Refugee Abuse.--Human rights organizations continued to criticize 
the ``fast procedure'' at Frankfurt airport, under which the Federal 
Office for Migration reaches a decision on asylum applications within 
two days. Based on its examination of 32 cases from 13 countries in 
2009, the NGO Pro Asyl asserted that the minimum requirements for a 
fair procedure were not met, as decisions were made so rapidly. 
According to Pro Asyl's analysis, the two-day deadline is too short for 
lawyers to contact their client and give them proper legal assistance. 
Pro Asyl also claimed that the procedure is vulnerable to political 
influence.

    Access to Basic Services.--In May the U.N. Committee on Economic, 
Social, and Cultural Rights issued a report that criticized the 
situation of asylum seekers in the country. The committee noted that 
social benefits were inadequate and that asylum seekers had to live in 
overcrowded quarters and received only emergency medical care.

    Stateless Persons.--Citizenship is derived primarily by birth from 
one citizen parent, but citizenship may also be granted to children 
based on their birth in the country, provided one parent has been 
living there for at least eight years or one parent has a permanent 
residence permit and has had that status for at least three years.
    According to UNHCR statistics, there were 7,920 stateless persons 
in the country at the end of 2010. The government generally implemented 
laws and policies to provide stateless persons the opportunity to gain 
nationality on a nondiscriminatory basis. Refugees and stateless 
persons may apply for citizenship after six years residence, but it can 
be difficult for an applicant to produce sufficient evidence or 
documentation for the establishment of statelessness status because the 
burden of proof is on the applicant. In general the country protected 
stateless persons from deportation to their country of origin or usual 
residence where they could be threatened with political persecution.

    Temporary Protection.--During the year a number of individuals were 
granted subsidiary protection status (individuals that do not meet the 
criteria of the refugee convention but need protection for other 
reasons, e.g., because they faced the death penalty, torture, or risks 
related to armed conflict in 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.--In 2009 
the country held parliamentary elections that were considered free and 
fair.

    Political Parties.--Political parties generally operated without 
restriction or outside interference unless they were deemed a threat to 
the federal constitution. Even when the federal authorities perceive 
such a threat, they have no authority to ban a party; they can only 
petition to the Federal Constitutional Court to do so.
    A total of 31 splinter parties were denied approval to participate 
in the 2009 federal parliamentary elections. A report on the 
parliamentary elections released in 2009 by the Office for Democratic 
Institutions and Human Rights of the Organization for Security and 
Cooperation in Europe (OSCE) criticized certain provisions of the law 
for the admission of new parties for conflicts of interest in the 
federal election committee, which decides on such admissions, and a 
lack of judicial review of election administration decisions.

    Participation of Women and Minorities.--The federal chancellor and 
five of the 16 cabinet members were women. There were 204 women in the 
620-seat Federal Parliament. Five judges on the 16-member Federal 
Constitutional Court were women.
    There were 16 members of ethnic minorities or members with an 
immigrant background in the parliament, one on the Federal 
Constitutional Court, and one in the cabinet. There were three female 
state-level ministers for integration with a Turkish background and 
three female minister presidents.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. 
Nevertheless, in the construction sector and public contracting, there 
were indications of inappropriate political party influence in the 
awarding of contracts.
    Most state governments and local authorities have contact points 
for whistle-blowers and provisions for rotating personnel in areas 
prone to corruption. Government officials are forbidden to accept gifts 
linked to their jobs. There are serious penalties for bribing 
officials, corrupt practices between companies, and price-fixing by 
companies competing for public contracts.
    On March 18, prosecutors accused two executives from Ferrostaal AG 
of paying foreign officials 62 million euros ($81 million) in bribes 
related to the sale of submarines to Greece and Portugal.
    Parliamentarians are subject to financial disclosure laws that 
require them to publish earnings from outside employment. State 
prosecutors generally are responsible for investigating corruption 
cases.
    Federal law provides for public access to government information. 
Eleven federal states (Berlin, Brandenburg, Schleswig-Holstein, North 
Rhine-Westphalia, Mecklenburg-Vorpommern, Hamburg, Bremen, Saarland, 
Thuringia, Saxony-Anhalt, and Rhineland-Palatinate) also have freedom 
of information laws that provide an appeals process. Access to records 
was generally uncomplicated, and responses to requests were swift and 
positive. The fee for requesting information can be up to 500 euros 
($650).
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.
    On July 1, an NGO criticized the annual report of the FOPC that 
indicated a nationwide drop in violence by right-wing extremists and a 
rise in left-wing extremist violence. This NGO had recorded an increase 
in right-wing extremist crimes in Saxony-Anhalt over the previous year. 
The NGO stated that the FOPC had likely failed to identify some crimes 
as having a right-wing extremist motivation.

    Government Human Rights Bodies.--The courts were the main resource 
for individuals seeking protection of individual human rights. In 
addition to the courts, the country has a wide range of governmental 
and nongovernmental bodies and organizations working to protect human 
rights. Citizens could file complaints with petition committees and 
commissioners for citizens' affairs. Such points of contact are usually 
referred to as ``ombudsmen.''
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 effectively 
enforced these provisions in practice.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, and provides penalties of up to 15 years in 
prison. The government enforced the law effectively. According to 
national police criminal statistics, there were 7,724 cases of rape or 
serious sexual coercion in 2010, the latest data available. The federal 
government supported numerous projects in conjunction with the federal 
states and NGOs to deal with violence against women, both to prevent 
violence and give victims greater access to medical care and legal 
assistance.
    The law prohibits violence against women, including spousal abuse; 
the law may temporarily deny perpetrators access to the household, put 
them under a restraining order, or in severe cases prosecute them for 
assault or rape and require them to pay damages. Penalties varied 
depending on the nature of the case. The law does not require a civil 
court decision for a temporary denial. The government enforced the law, 
but authorities believed that violence against women was widespread. 
Organizations that aid victims estimated that between 20 and 25 percent 
of women have been victims of physical or sexual violence. There were 
approximately 346 women's shelters in the country and 18 sheltered 
apartments/emergency centers for women, as well as a widespread system 
of emergency hotlines. According to the Federal Ministry for Family, 
Senior Citizens, Women, and Youth, approximately 400,000 women per year 
sought refuge from abusive situations. Many NGOs on the local level 
provided hotlines, assistance, advice, and shelter.
    Forced marriages are illegal and invalid, and may be punished by up 
to five years' imprisonment. While there were no reliable statistics on 
the number of forced marriages, evidence indicated that the problem 
occurred more often in the immigrant Muslim community than in the 
general population. Forced marriages reportedly often led to violence. 
Victims included women and, in some cases, young men living in the 
country for whom the family brought a spouse from abroad. In addition, 
some women were sent by their families to other countries to marry 
against their will.
    ``Honor'' killings were also reported. In February, a 21-year-old 
pregnant woman in Taufkirchen, Bavaria, was murdered by the father of 
the child, allegedly over questions of the child's paternity. The 18-
year-old suspect confessed to the murder and, as a juvenile at the 
time, could be sentenced to no more than 10 years in prison.

    Sexual Harassment.--Sexual harassment of women was a recognized 
problem. The law prohibits sexual harassment and requires employers to 
protect employees from sexual harassment. A variety of disciplinary 
measures against offenders are available, including dismissal. The law 
considers an employer's failure to take measures to protect employees 
from sexual harassment to be a breach of contract, and an affected 
employee has the right to paid leave until the employer rectifies the 
problem. There were press reports of sexual harassment in the workplace 
and in public facilities, but no statistics were available. Unions, 
churches, government agencies, and NGOs operated a variety of support 
programs for women who experienced sexual harassment and sponsored 
seminars and training to prevent it.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and to have the information and means to do so free from 
discrimination, coercion, and violence. There was easy access to 
contraception, skilled attendance during childbirth, prenatal care, and 
essential obstetric and postpartum care. Women and men were diagnosed 
and treated equally for sexually transmitted infections.

    Discrimination.--Men and women enjoy equal rights under the 
constitution. The law provides for equal pay for equal work. Employers 
generally did not pay women less than men for equivalent work, although 
women were underrepresented in well-paid managerial positions and 
overrepresented in some lower-wage occupations. According to current 
information from the Federal Ministry for Family, Senior Citizens, 
Women and Youth, women earned an estimated 23 percent less than men for 
the same work. The earnings disparity was attributed to the tendency 
for a greater number of women than men to be part-time workers.

    Children.--Birth Registration.--In most cases citizenship is 
derived from one's parents. Citizenship may also be granted to children 
born in the country, provided one parent has either been a resident for 
at least eight years or has a permanent residence permit and held that 
status for at least three years. Dual nationality is not recognized, 
and upon reaching age 23, a dual national must choose which citizenship 
to retain. Civil registration offices record births.

    Child Abuse.--The law criminalizes rape and provides penalties of 
up to 15 years in prison. Consensual sex is legal from the age of 14 in 
most cases. An exception is if the older partner is over 18 years old 
and is ``exploiting a coercive situation'' or offering compensation, in 
which case the younger partner must be over 16 years old. It is also 
illegal for someone older than 21 to have sex with someone under 16 if 
the older person ``exploits the victim's lack of capacity for sexual 
self-determination.''
    According to the Federal Criminal Office (FCO), 11,867 incidents of 
sexual abuse of children up to 14 years of age were reported in 2010, 
compared with 11,319 incidents in 2009.
    In February a man identified as ``Detlef S'' was accused of 160 
counts of sexually abusing his now 18-year-old daughter, his 27-year-
old stepdaughter, and his stepdaughter's twin brother between 1987 and 
2010. He was also accused of prostituting his two daughters. On March 
17, he confessed to raping his daughter and producing seven children 
with his stepdaughter. In March Detlef S was sentenced to 14 years and 
six months in prison.
    In July an unidentified Roman Catholic priest of the St. Joseph 
Community in Salzgitter was arrested for allegedly sexually abusing a 
young boy. After further investigation, authorities charged him with 
280 counts of sexually abusing three boys between the ages of nine and 
15. The priest confessed to the allegation but denied the number of 
occurrences. The case continued at year's end.

    Sexual Exploitation of Children.--Possession of child pornography 
is a criminal offense. A child is defined as a person younger than 14 
years of age. According to the law possession of, or attempt to 
acquire, any material reflecting a true or realistic incident of child 
pornography is punishable by imprisonment for three months to five 
years. The country's legal system also applies extraterritorial 
jurisdiction, so that an act involving child pornography may be 
prosecuted under domestic law, even if it was committed outside of the 
country.
    Between 2009 and 2010, the number of cases involving the 
distribution of child pornography declined from 3,246 to 2,784. In 2010 
the number of reported cases of ownership and procurement of child 
pornography declined by 14.6 percent, from 3,145 cases in 2009 to 2,687 
cases in 2010. According to the FCO, the number of cases involving the 
distribution of pornography involving youth (ages 14-18) increased from 
171 in 2009 to 277 in 2010. Cases involving possession of youth 
pornography increased 69.4 percent, from 160 in 2009 to 271 in 2010.
    According to one estimate, 3-11 percent of prostitutes were 16 
years old or younger.

    Displaced Children.--The NGO Coalition for Street Children 
estimated there were as many as 11,000 street children in the country. 
Authorities believed these children were frequently fleeing violent and 
abusive homes. Street children often turned to prostitution for income.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--In 2010 the country's Jewish population was 
estimated to be more than 200,000. A government-appointed expert panel 
on anti-Semitism found that approximately 20 percent of Germans were 
``latently'' anti-Semitic, a very small percentage of whom resorted to 
violence as an extension of their views. The panel found deficiencies 
in Holocaust education and widespread anti-Semitism in sports, social 
events, and certain aspects of the media. The 2010 FOPC annual report 
listed a total of 1,166 right-wing, politically motivated crimes with 
extremist and anti-Semitic background in 2010 compared with 1,502 in 
2009, a decrease of 22 percent. The report also noted that membership 
in skinhead and neo-Nazi groups increased over the course of the year 
to 5,600 and that neo-Nazis groups were increasingly resorting to 
violence. Federal authorities generally took action against the 
perpetrators of anti-Semitic offenses.
    The most widespread anti-Semitic acts during the year were 
desecrations of Jewish cemeteries or other monuments with graffiti, 
including swastikas and anti-Semitic slogans. In 2010, 41 desecrations 
of Jewish cemeteries were reported. There were no reports that 
authorities made arrests in any of these cases.
    Despite government efforts to prevent the gravesite of Rudolf Hess 
from becoming a pilgrimage site, right-wing extremists continued to 
honor the grave of the former deputy to Adolf Hitler in Wunsiedel. The 
church that owned the property terminated the lease on Hess's family 
gravesite, dismantled the grave, and on July 20 scattered his ashes 
over the sea.
    On August 28, the chairman of the Central Council of Jews in 
Germany, Dieter Graumann, called for the prohibition of the right-wing 
extremist National Democratic Party of Germany (NPD). He stated that 
the Berlin NPD's provocative campaign posters in the year's local 
election in that city reading ``gas geben'' (literally ``give gas'' but 
also meaning ``accelerate'') were tasteless and disgusting references 
to the Holocaust. He asserted that they were intentionally displayed in 
the vicinity of the Holocaust Memorial and Jewish Museum. The movement 
to ban the NPD was reportedly growing among the population and had the 
support of many politicians, including Federal Interior Minister Hans-
Peter Friedrich and the Green party.
    Over the past year, the Left Party faced increasing criticism that 
its anti-Israel policies crossed the line to anti-Semitism. In June the 
Left Party condemned traditional forms of anti-Semitism. In various 
editorials leaders of German Jewish organizations criticized the Left 
Party's condemnation as inadequate.
    While most anti-Semitic acts were attributed to neo-Nazi or other 
right-wing extremist groups or persons, an expert panel on anti-
Semitism noted an increase of anti-Semitic attitudes among Muslim 
youths.
    According to the FOPC's annual report published in 2011, 29 violent 
anti-Semitic acts committed by right-wing extremists were registered in 
2010.
    During the year courts punished some persons for attacks on Jews 
but released others with light or no sentences. Some courts appeared 
reluctant to ascribe political motivations to attacks that were openly 
and virulently anti-Semitic or that allowed the perpetrator to get off 
with a relatively light sentence:
    In February the Berlin municipal court sentenced one man to 24 
months in prison and a second to 22 months on probation in connection 
with the June 2010 neo-Nazi attack that seriously injured a 23-year-old 
man in Berlin-Oberschoeneweide. In October 2010 state police searched 
four apartments in Berlin and arrested four men suspected of having 
committed the attack. Police found clothing worn during the attack and 
also neo-Nazi CDs. The court did not find the attack to have been 
politically motivated.
    In February the Hanover municipal court sentenced a 15-year-old 
youth to 15 months' probation, antiaggression training, and five days 
of social work in connection with the June 2010 attack during a street 
festival in Hanover, Lower Saxony, by a group of children and teenagers 
who attacked a Jewish dance troupe with stones and anti-Semitic remarks 
shouted through a bullhorn. The assailants were reportedly of Lebanese, 
Palestinian, Iraqi, Iranian, and Turkish origin. The court did not find 
anti-Semitic motives in the youth's actions, and the Jewish community 
criticized the ruling as belittling the seriousness of the attack.
    On July 11, the Regional Court in Regensburg confirmed an April 
2010 ruling against Holocaust denier Bishop Richard Williamson, a 
member of the conservative Catholic Pius Brotherhood, for denying the 
existence of gas chambers during the Nazi era. In light of his 
financial situation, the court fined Williamson 6,500 euros ($8,450) 
instead of 10,000 euros ($13,000) from the earlier ruling.

    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 or mental disabilities in 
employment, education, access to health care, and the provision of 
other federal state services. The relevant law makes no specific 
mention of persons with sensory or intellectual disabilities, but these 
are believed to be subsumed under the other headings. The government 
effectively enforced these provisions. While special schools were often 
better equipped to take care of students with disabilities, critics 
argued that such separation prevented the full integration of children 
with disabilities into the professional world and society as a whole.
    On June 15, the federal cabinet agreed on a national plan of action 
to implement changes in laws that support rights for persons with 
disabilities, based on the U.N. Convention on Rights for People with 
Disabilities. It also provided 100 million euros ($130 million) in 
additional funds for a period of five years. Some private groups 
complained the implementation measures were too vague and practical 
plans for improvements were missing.
    On August 1, a regulation went into effect in Bavaria to give 
children with disabilities unlimited access to secondary schools under 
certain circumstances.
    The government promoted the employment of persons with disabilities 
through a number of measures. As of September 1, pursuant to an 
agreement between the German Railway and the Federal Ministry for Labor 
and Social Affairs, persons with disabilities who fulfill certain 
requirements can use all regional trains within the country free of 
charge. In addition employers with a minimum of 20 employees must hire 
persons with disabilities to fill at least 5 percent of all positions, 
and for noncompliance face a fine of between 100 euros ($130) and 290 
euros ($377) per month. According to the Sozialverband VdK Deutschland, 
this regulation applies to about 135,000 companies; however, 38,000 
chose to pay the noncompliance fine.
    The federal government provided payments of 518.2 million euros 
($673.7 million) per year through 2019 to the states to support 
barrier-free buildings. Efforts continued to improve barrier-free 
access to public transportation.
    By law the federal government is required to provide barrier-free 
access to communications, especially in the field of administrative 
Internet sites and official forms and notifications.
    The Office of the Federal Commissioner for Matters relating to 
Persons with Disabilities is the principal government contact in all 
matters related to persons with disabilities and has specific 
responsibility for protecting their rights. The Ministry of Labor and 
Social Affairs; the Ministry of Family, Senior Citizens, Women, and 
Youth; and the Ministry of Transport, Building, and Urban Affairs also 
have responsibilities for addressing the needs of persons with 
disabilities. The German Institute for Human Rights has been designated 
to monitor the implementation of the U.N. Convention on the Rights of 
Persons with Disabilities in the country.

    National/Racial/Ethnic Minorities.--Beatings and harassment of 
foreigners and members of racial minorities remained a problem 
throughout the country.
    In November and December, police arrested five persons with links 
to a right-wing extremist group, the National Socialist Underground, 
for the killings of nine persons with Turkish or Greek backgrounds as 
well as one policewoman over a period of 13 years. On November 22, the 
parliament passed a resolution with the support of all five parties 
represented in parliament expressing ``deep shame'' that a neo-Nazi 
underground group was able to perpetrate these crimes. In a November 19 
video podcast, Chancellor Angela Merkel condemned the crimes, calling 
them a ``disgrace for our country.'' She added that ``Hatred, racism, 
neo-Nazism, and anti-Semitism have to disappear from the heads of 
certain people.. [W]e will reply with humanity, human dignity, and the 
rule of law.''
    On June 25, four unidentified persons attacked an apartment complex 
housing several Sinti and Romani families in Leverkusen. The attackers 
threw several Molotov cocktails into the ground floor of the building. 
Authorities were unable to determine whether the act had a xenophobic 
motivation. None of the 19 persons living in the building was injured.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Many lesbian, gay, bisexual, 
and transgender rights groups reported no impediments to their 
operation or free association. In 2010 the government reported 164 
crimes motivated by a bias against sexual orientation, of which 45 were 
violent crimes. According to German statistics published in the OSCE's 
2010 report, Hate Crimes in the OSCE Region, 187 hate crimes motivated 
by sexual orientation occurred in 2010, of which 48 were violent. The 
NGO RAA Sachsen reported that in eastern Germany, 13 homophobic hate 
incidents occurred. The NGO Maneo reported one attempted murder, 60 
incidents involving physical assault or attempted assault, 69 cases of 
theft and two cases of damage to property.
    On May 10, the EU Court of Justice ruled that same-sex couples 
should be eligible for the same retirement benefits as heterosexual 
couples. The case involved a former employee of the city of Hamburg who 
was in a civil union with another man. He sued the city after it 
refused him pension benefits equal to those given to heterosexual 
couples. Under the retirement plan as applied to married couples, he 
should have received an additional 302 euros ($393) per month.

    Other Societal Violence or Discrimination.--There was societal 
discrimination against persons with HIV/AIDS. The government worked 
with NGOs, religious groups, and businesses to educate the public about 
HIV/AIDS and its prevention.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for the right of employees to form and join 
independent unions of their choice without excessive requirements or 
previous authorization as well as for the right to strike for all 
workers except civil servants (including teachers) and staff in 
sensitive or essential positions, such as members of the armed forces. 
The constitution protects the right to collective bargaining, and 
agreements are governed by law.
    Antiunion discrimination and other forms of employer interference 
in union functions are prohibited by law and were not widespread. In a 
July 27 ruling, the Kassel Administrative Court weakened the 
constitutional ban on strikes by civil servants by granting civil 
servants a limited right to strike. Workers not allowed to strike have 
legal recourse to the courts to protect their rights. The law prohibits 
retaliation against strikers or for other union activities, and the 
government generally enforced this law. The International Trade Union 
Confederation reported discriminatory tactics of some employers 
including targeted dismissals, demotions, transfers, and discrimination 
in recruitment.
    The government generally respected freedom of association and the 
right to collective bargaining in practice, and worker organizations 
were independent of the government and political parties. Collective 
agreements are binding only for trade union members and their 
respective employer associations; however, many employers of nonunion 
labor also made use of the agreements to determine part or all 
employment conditions of their employees. Collective bargaining 
agreements negotiated with public service employees were usually 
extended to civil servants through legislation, although such 
extensions did not always include all of the provisions of those 
agreements.

    b. Prohibition of Forced or Compulsory Labor.--The constitution and 
federal statutes prohibit forced or compulsory labor, including by 
children. There were reports of forced labor involving adults mainly in 
restaurants, hotels and in domestic households as well as on 
construction sites where workers (often illegal residents) were 
exploited.
    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.--
Comprehensive legislation protects children from exploitation in the 
workplace, and the government enforced these laws.
    The law prohibits the employment of children younger than 15 with a 
few exceptions: children 13 or 14 years of age may do farm work for up 
to three hours per day or deliver newspapers for up to two hours per 
day, and children three to 14 years of age may take part in cultural 
performances under strict limits on the kinds of activity, number of 
hours, and times of the day. Exploitative child labor was not a serious 
problem, although violations did occur mainly in small, often family-
owned businesses such as bars, restaurants, and grocery stores. The 
Federal Ministry of Labor and Social Affairs enforced the law 
effectively through its Factory Inspection Bureau.

    d. Acceptable Conditions of Work.--The country does not have a 
statutory minimum wage. As of December 31, binding minimum wages were 
in place for approximately four groups of construction occupations, 
electrical trades, painting, postal service, waste management, large-
scale laundries, nursing care, security services, special mining 
services, and temporary employment agencies, covering approximately 8 
percent of the workforce. Minimum wages vary between eastern and 
western Germany. In eastern Germany wages ranged from 6.53 euros 
($8.49) per hour in security activities up to 10.80 euros ($14.04) per 
hour for erection of roof coverings and frames; minimum wages in the 
west ranged from 7.65 euros ($9.95) per hour in commercial cleaning up 
to 13.00 euros ($16.90) per hour for skilled construction work. 
Official social indicators on poverty and social exclusion (``federal 
indicators'') revealed that persons who had a disposable income of less 
than 11,151 euros ($14,496) per year), after inclusion of government 
transfer payments, were at risk of poverty. While in the eastern German 
states (including Berlin), 19.5 percent of the population was at risk 
of poverty, the rate in the former West Germany (excluding Berlin) was 
significantly lower (12.9 percent). The reference period for collecting 
the income data was 2008.
    The minimum wage rates set by collective bargaining agreements are 
enforceable by law. Sector-wide collective bargaining agreements 
determined wages and working conditions in most industries, but 
company-level agreements frequently deviated from them. Multicompany, 
industry-wide contracts covered directly approximately 32 percent of 
all firms; company-level agreements covered 4 percent, 40 percent were 
guided by a respective industry agreement, and 24 percent were not 
covered at all. Collective bargaining agreements covered approximately 
65 percent of the labor force in the western part of the country and 
approximately 51 percent in the eastern part.
    The law provides for equal treatment of foreign workers, who 
generally worked in conditions equal to those of citizens, although 
such workers faced some wage discrimination. For example, some schools 
paid foreign teachers less than their citizen counterparts. Employers 
also often paid lower wages to seasonal workers from Eastern Europe who 
came to the country on temporary work permits. At times employers paid 
workers from other EU countries the same wages they would receive in 
their home country, even if the corresponding citizen worker would 
receive a higher wage.
    Federal regulations limit the workweek to 48 hours, but collective 
bargaining agreements may stipulate lower maximums. Contracts directly 
or indirectly affecting 80 percent of the working population regulated 
the number of hours of work per week. According to the European Labor 
Force Survey, in 2010 the average full-time employee's workweek was 
39.8 hours for women and 41 hours for men; rest periods for lunch were 
accepted practices. Provisions for overtime, holiday, and weekend pay 
varied depending upon the applicable collective bargaining agreement. 
Excessive compulsory overtime is prohibited, and workers are covered 
and protected against arbitrary employer requests either by collective 
bargaining agreements or individual contracts.
    Employees who refuse to work overtime cannot lose their jobs or 
face other reprisals such as demotion or assignment to unattractive 
work or to less desirable shift times such as nights or weekends.
    An extensive set of laws and regulations governs occupational 
safety and health. In practice a comprehensive system of worker 
insurance carriers enforced safety requirements in the workplace. The 
Federal Ministry of Labor and Social Affairs and its counterparts in 
the federal states effectively enforced occupational safety and health 
standards through a network of government bodies, including the Federal 
Institute for Occupational Safety and Health (BAuA). At the local 
level, professional and trade associations--self-governing public 
corporations with delegates representing both employers and unions--
oversee worker safety. In 2010, according to the BAuA, approximately 
3,029 factory inspectors and 90 physicians were engaged nationwide in 
enforcing compliance with the country's occupational safety and health 
laws. The number of work accidents increased to 1,045,816 in 2010 (up 
7.3 percent from 2009), and the number of fatalities at the workplace 
rose to 674 (up 8.4 percent).

                               __________

                                 GREECE

                           EXECUTIVE SUMMARY
    Greece is a constitutional republic and multiparty parliamentary 
democracy. On November 11, a new ``unity'' government composed of the 
Pan-Hellenic Socialist Movement (PASOK), the New Democracy (ND) party, 
and the Popular Orthodox Rally (LAOS) party was sworn in, with Lucas 
Papademos as prime minister. Security forces reported to civilian 
authorities.
    The most important human rights problem during the year concerned 
the government's treatment of undocumented migrants, including 
unaccompanied minors, detained for long periods pending disposition of 
their cases in overcrowded and unsanitary conditions and sometimes 
allegedly subjected to physical abuse by security forces. There were 
also reports of harsh prison conditions as well as discrimination 
against Roma and exploitation of Romani children.
    Other human rights problems cited during the year included alleged 
abuse of detainees by security forces, laws restricting freedom of 
speech, restrictions on religious freedom, deportation of unaccompanied 
immigrant minors, inadequate reception capacity or legal aid for asylum 
seekers and refugees, domestic violence, incidents of anti-Semitism, 
trafficking in persons, limits on the freedom of certain ethnic 
minority groups to self-identify, and discrimination against and social 
exclusion of ethnic minorities. There were also allegations of 
excessive use of force against protestors during violent demonstrations 
in which police officers were also injured.
    The government took steps to prosecute and punish 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices and provides safeguards 
for criminal suspects and undocumented immigrants in detention. 
However, during the year several international organizations and 
nongovernmental organizations (NGOs) alleged abuse by police personnel 
and the coast guard, particularly of undocumented immigrants and asylum 
seekers. In October Reporters without Borders claimed that police 
officers attacked journalists covering antiausterity protests and 
strikes in Athens.
    U.N. Special Rapporteur on Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment Manfred Nowak reported receiving 
numerous allegations of mistreatment by law enforcement officers, both 
upon arrest and during detention in police stations; criminal 
investigation departments; border guard stations, and migrant detention 
centers. The report of the Committee for Prevention of Torture and 
Inhuman or Degrading Treatment or Punishment (CPT) of its January 19-27 
visit noted a deterioration in detention and prison conditions 
throughout the country and maintained the country had not implemented 
long-standing CPT recommendations.
    In May the Hellenic National Police authority suspended three 
police officers from duty for their role in allegedly injuring a 
demonstrator during a violent protest in Athens, where demonstrators 
attacked the parliament building and police with Molotov cocktails, 
bricks, and stones. Demonstrations occurred throughout the year, many 
of them violent. Often demonstrators and police officers sustained 
injuries; yet charges generally were not filed. Some NGOs alleged that 
police used excessive force in efforts to control the violence; 
however, the police were not responsible for all of the injuries 
demonstrators sustained.
    On December 13, a police officer was sentenced to a six-year 
suspended sentence for the aggravated torturing with electrical shocks 
of two young men in Aspropyrgos (Attica area) in August 2002. On 
December 19, the courts sentenced two police officers to suspended 
prison sentences of five years and five-and-a half years respectively 
for beating Afghans during a police raid in an Athens apartment 
building in December 2004. The officers appealed the sentences.

    Prison and Detention Center Conditions.--Conditions in prisons and 
detention facilities did not meet international standards.
    According to local and international organizations, including the 
deputy ombudsman for human rights, Doctors without Borders, the CPT, 
Amnesty International, the Agency for Fundamental Rights, and the U.N. 
special rapporteur, Greece continued to face a humanitarian crisis in 
the detention of illegal immigrants as well as in its prison system.
    In March U.N. Special Rapporteur Nowak announced he had received 
numerous reports of mistreatment in police stations, border guard 
stations, and migrant detention centers. Many detainees claimed police 
officers and border guards had physically or verbally abused them. The 
allegations primarily concerned kicks, slaps, and punches. In the 
downtown Athens area of Omonia, detainees were allegedly blindfolded 
and handcuffed before being beaten. At the Soufli Border Guard Station, 
detainees mentioned kicks and slaps, adding that guards pushed them 
when they did not follow orders immediately or complained.
    The U.N. special rapporteur also expressed his extreme concern 
about undocumented immigrants held in overcrowded and poor conditions, 
which amounted to inhuman and degrading treatment. He indicated that 
pregnant women, lone women with small children, and unaccompanied 
minors were particularly vulnerable. He underscored that unaccompanied 
minors often were not registered properly, were systematically 
detained, and frequently housed with adults. At the Feres Border 
Station in Thrace (northern Greece), the U.N. special rapporteur found 
123 detainees in a facility designed for 28. He stated also that 
conditions at the long-term detention centers in Fylakio and Venna were 
inadequate to meet the most basic needs of detainees.
    The U.N. special rapporteur found that many police stations had 
converted spaces into facilities for the detention of aliens awaiting 
deportation, but such facilities were not suitable for prolonged 
detentions of up to six months. Specifically, they often lacked an 
outside exercise area, had insufficient natural lighting and poor 
ventilation, and were frequently overcrowded, with detainees forced to 
share mattresses or sleep on the floor. At the Athens police stations 
of Omonia, Aghios Panteleimonas, and Acropolis, the special rapporteur 
found more than 40 foreigners held in irregular and apparently 
unofficial detention areas that reportedly were overcrowded with 
insufficient lighting, ventilation, and bedding. The detainees were 
forced to sleep on benches or on the floor for extended periods and had 
severely limited access to drinking water or toilets. As a result many 
detainees reported respiratory, skin, and psychological problems. 
Access to medical care was very limited.
    In January the CPT issued a public statement harshly criticizing 
detention conditions of undocumented migrants and the unacceptable 
state of the prison system. The CPT noted that the situation in police 
stations, border guard installations, and prisons had declined. The CPT 
also observed a steady deterioration in the living conditions and 
treatment of prisoners over the past decade.
    The deputy ombudsman for human rights, the CPT, and the U.N. 
special rapporteur maintained that prisons were severely overcrowded, 
with some (Korydallos, Komotini) containing three times more prisoners 
than their maximum capacity. The total number was approximately 12,700, 
while prison capacity was about 9,100; there were 510 juveniles and 554 
female prisoners.
    Prisoners had access to visitors and could observe religious 
practices. They could submit complaints to the judicial authorities 
without censorship. The authorities investigated allegations of 
inhumane conditions.
    A few sporadic prison protests and hunger strikes took place during 
the year.
    In May the Ministry of Justice announced the adoption of a 
recommendation of the deputy ombudsman for human rights to desist from 
body cavity searches of female prisoners and ordered such searches to 
be conducted only by a medical doctor based on risk assessment. 
Treatment of female prisoners improved after the cessation of body 
cavity searches. During the year all four detention centers in Thrace 
had on staff a nurse, social worker, and interpreter to assist the 
detainees.
    The government permitted monitoring of conditions at prisons and 
detention centers by independent nongovernmental observers including 
local and international humanitarian organizations such as the Office 
of the U.N. High Commissioner for Refugees (UNHCR), the CPT, Doctors 
without Borders, the International Committee of the Red Cross, the 
Greek Council of Refugees, Medical Intervention, and the deputy 
ombudsman for human rights. The ombudsman for human rights conducted 
frequent short-notice visits to prisons throughout the country.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention. However, police continued to 
conduct large-scale sweeps and temporarily detained large numbers of 
immigrants, sometimes in crowded and squalid conditions, while 
determining their residency status.

    Role of the Police and Security Apparatus.--The police are 
responsible for law enforcement and the maintenance of order within the 
country; the coast guard is responsible for law enforcement in 
territorial waters. Both agencies are under the authority of the 
Ministry of Citizen Protection. The police and the army jointly shared 
law enforcement duties in certain border areas. Civilian authorities 
generally maintained effective control over the police and coast guard. 
The Hellenic Police Internal Affairs Unit investigated allegations of 
corruption and police impunity. The 2010 report of the Internal Police 
Affairs Unit noted a 101 percent increase in corruption cases (from 389 
to 785) since 2009 in the police and the public sector in general. The 
increase included a 78 percent increase in cases involving police 
officers and a 246 percent increase in cases involving public 
employees.
    Based on a law prohibiting the expression of racist ideas, human 
rights NGOs in March 2010 filed a protest letter with the Athens 
prosecutor regarding a coast guard unit (39 members) that chanted 
racist slogans during the Independence Day (March 25) parade in Athens 
that year. The prosecutor filed charges against unit members. In 
December two of the 39 defendants were convicted and each sentenced to 
a three and a half month suspended prison sentence; the others were all 
acquitted.
    During the year police and coast guard personnel received training 
from government ministries, regional and international organizations, 
NGOs, and service academies. Subjects included antiracism, 
antitrafficking and victim identification, asylum-seeker recognition, 
witness protection and interviewing, and crowd control.

    Arrest Procedures and Treatment While in Detention.--The law 
requires judicial warrants for arrests except during the commission of 
a crime and prohibits arbitrary arrest. In practice police did not 
always follow these provisions.
    Police are required to bring detainees before an examining 
magistrate within 24 hours. During this period the magistrate must 
issue a detention warrant or order the detainee's release; these 
provisions were generally observed in practice. Pretrial detention may 
last up to 18 months, depending on the severity of the crime. A panel 
of judges may release detainees pending trial. Pretrial detainees made 
up approximately 40 percent of those incarcerated and contributed to 
prison overcrowding, according to figures provided by the Ministry of 
Justice.
    Some defense lawyers and legal activists asserted that, while 
pretrial detention was supposedly reserved for exceptional cases, it 
had become the norm. They also maintained that the detention period was 
excessively long. Bail is available for defendants detained on felony 
charges and for lesser offenses unless a judicial officer deems the 
defendant a flight risk. The law provides detainees the right to 
contact a close relative or third party, consult with a lawyer, and 
have access to medical services, and authorities generally respected 
these rights. Only indigent defendants facing felony charges are 
provided legal representation by the bar association. While authorities 
generally informed detainees promptly of charges against them, foreign 
detainees occasionally did not have access to a court-appointed 
interpreter. According to U.N. Special Rapporteur Nowak's 2010 report, 
authorities gave foreign detainees information packets in multiple 
languages describing the asylum procedure and their rights as 
detainees, although not always promptly.
    Individuals accused of misdemeanors could be tried under expedited 
procedures. While such defendants enjoyed the right to counsel, the 
short time period allegedly limited their ability to present an 
adequate defense. Defendants may request a delay to prepare a defense, 
but the court is not obliged to grant their requests. Expedited 
procedures were used in less than 10 percent of applicable cases.

    Pretrial Detention.--The pretrial detention rate was approximately 
41 percent of cases. While legislation provides for separation of 
pretrial detainees and convicted prisoners, local and international 
NGOs alleged this distinction did not exist in practice due to lack of 
infrastructure and capacity. Litigation, particularly in civil cases, 
could take many years, as courts were overburdened with cases and 
understaffed.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the government generally respected this 
provision in practice. However, observers reported the judiciary was 
inefficient and sometimes subject to influence and corruption. The 
judiciary occasionally was more lenient toward those claiming political 
motives for acts of property destruction than those who did not. For 
example anarchists frequently received suspended sentences in lieu of 
prison time or fines. Authorities generally respected court orders, and 
there were no reported instances in which the outcome of trials 
appeared predetermined.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Defendants 
enjoy a presumption of innocence. Trials are public in most instances, 
and juries are used in most felony cases. The law permits denial of a 
jury trial in cases of violent terrorism. Defendants have the right to 
be present at trial and consult with an attorney in a timely manner. 
Indigent defendants facing felony charges are provided an attorney. 
Defendants may question prosecution witnesses and present witnesses and 
evidence on their own behalf. Defendants and their attorneys have 
access to government-held evidence relevant to their cases. They have 
the right to appeal.
    Defendants who do not speak Greek have the right to a court-
appointed interpreter.
    Some NGOs reported during the year that the quality and 
availability of interpreters for non-Greek speakers varied from trial 
to trial.
    The government recognizes Shari'a (Islamic law) as the law 
regulating family and civic issues of the Muslim minority in Thrace. 
Muslims married by a government-appointed mufti are subject to Shari'a 
family law. Members of the Muslim minority also have the right to a 
civil marriage and to take their cases to civil court.

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

    Regional Human Rights Court Decisions.--On three occasions during 
the year, the European Court of Human Rights (ECHR) found that the 
country had violated provisions of the European Convention on Human 
Rights with regard to the right to a fair trial within a reasonable 
period. The country paid the compensation ordered by the court.

    Civil Judicial Procedures and Remedies.--There is a generally 
independent and impartial judiciary in civil matters. The law provides 
citizens with the ability to sue the government for compensation for 
alleged violations of rights. Individuals may seek civil remedies for 
human rights violations and appeal decisions to the ECHR. Restitution 
is available. The government complied with domestic and ECHR decisions.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit arbitrary 
interference with privacy, family, home, or correspondence. However, 
NGOs such as the Greek Helsinki Monitor reported that authorities did 
not always respect these provisions in practice, as evidenced during 
alleged police raids of Romani settlements.
    According to NGOs, the police and prosecutors conducting raids and 
searches of Romani and immigrant neighborhoods, frequently entered 
homes in search of criminal suspects, drugs, and weapons without 
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, and 
the government generally respected these rights in practice.

    Freedom of Speech.--Individuals could criticize the government 
publicly or privately without reprisal, and the government did not 
impede criticism. However, the law provides for prosecution of 
individuals who ``intentionally incite others to actions that could 
provoke discrimination, hatred, or violence against persons or groups 
of persons on the basis of their race or ethnic origin or who express 
ideas insulting to persons or to groups of persons because of their 
race or ethnic origin.''

    Freedom of Press.--Independent media were active and expressed a 
wide variety of views. The law permits any prosecutor to order the 
seizure of publications that insult the president, offend any religion, 
contain obscenity, advocate the violent overthrow of the political 
system, or disclose military secrets. The government did not enforce 
this law during the year. According to the law, the National Radio and 
Television Council, an independent regulatory agency, supervises radio 
and television broadcasts. The law requires that television stations 
broadcast at least 25 percent of their programming in Greek; the 
percentage for radio broadcasting varies. The law also requires 
national radio and television stations to broadcast 24 hours a day and 
sets requirements for minimum capitalization and numbers of employees. 
In recent years the representative on the freedom of media of the 
Organization for Security and Cooperation in Europe has called for the 
lowering of these requirements, arguing that their high level made it 
difficult for minority, community, and low-cost broadcasters to receive 
authorization, thereby endangering media pluralism.

    Libel Laws/National Security.--The law provides criminal penalties 
for defamation. Nonetheless, in most criminal defamation cases, 
defendants were released on bail pending trial and served no time in 
jail.
    In December 2010 a civil court fined two Thracian Turkish-language 
newspapers, Gundem and Millet, under the defamation law for articles 
criticizing a Greek teacher in a Muslim minority school. The teacher 
sued the newspapers, and the court ordered them to pay 150,000 euros 
($195,000) and 120,000 euros ($156,000), respectively. The newspapers 
appealed the decision, and the case was pending in the appeals court. 
The newspapers' editors alleged that the ``unprecedentedly high'' 
compensation ordered by the court could result in their bankruptcy.
    The law provides for the government to exercise ``immediate 
control'' over radio and television stations in case of national 
emergency and establishes ownership limits on media frequencies. State-
operated stations relayed the government's views but also reported 
objectively other parties' positions.

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

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. There were no 
reports of interference with cultural events of various ethnic groups.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the government generally respected this right in practice.

    Freedom of Association.--Although the law provides for freedom of 
association, the government continued to place legal restrictions on 
the names of associations of nationals who self-identify as ethnic 
Macedonians or associations that included the term ``Turkish'' (see 
section 6, National/Racial/Ethnic Minorities).

    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 for all citizens, and the government generally respected 
these rights in practice. The government cooperated with the UNHCR and 
other humanitarian organizations in providing protection and assistance 
to refugees and asylum seekers.

    Foreign Travel.--NGOs and international organizations noted that 
immigrants with temporary residence permits faced prolonged delays in 
renewing their permits, sometimes resulting in the denial of their 
right to return to the country, and consequently creating practical 
limits to their foreign travel. Many of the country's estimated one 
million immigrants were in a semi legal status, holding expired 
residency permits while undergoing the renewal process. During the year 
NGOs reported multiple instances of immigrants subjected to summary 
deportation without legal due process. The law provides for 
legalization of undocumented immigrants who can prove by a visa stamp 
or possession of a tax roll number that they entered the country before 
2005. Nevertheless, the ombudsman noted that this system of 
legalization remained disorganized, and there was no database of 
residence permit holders.
    Citizenship: The law permits the government to deprive a person of 
citizenship for committing acts contrary to the country's interests for 
the benefit of a foreign state. Historically, the number of such cases 
was low, and there were no reports of new cases during the year.

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide for the granting of asylum and humanitarian protection. While 
the government has established a system for refugee protection, it was 
widely regarded as inadequate, given the large numbers of illegal 
immigrants entering the country. According to government figures, 
98,368 persons were detected arriving in Greece illegally during the 
year, posing special problems for the country and the capacity of its 
asylum system.
    The UNHCR, Amnesty International, the U.N. special rapporteur on 
torture, the European Commission against Racism and Intolerance (ECRI), 
the deputy ombudsman for human rights, Human Rights Watch (HRW), and 
Doctors without Borders all expressed concern about the country's 
asylum policy and practices. Specific problems included unacceptable 
living conditions; lack of permanent reception centers and the use of 
ad hoc facilities (primarily on islands where boatloads of refugees 
arrive); underdeveloped refugee welfare systems; insufficient 
counseling to assist in the integration of refugees and asylum seekers; 
a lack of appropriate facilities for unaccompanied minors; and 
deficient interpretation and legal counseling for asylum seekers, 
especially at entry points.
    The Hellenic National Police's Asylum Office reported that from 
January to November asylum seekers filed 8,525 first-time applications. 
During the same period the government reviewed 10,850 applications and 
appeals and accorded refugee status to 85 applicants (1.9 percent) and 
special humanitarian status to 69 (1.3 percent).
    According to new asylum legislation passed in January, asylum 
decisions must be issued within three months in an accelerated process 
and within six months for regular applications. The UNHCR noted that 
the enactment of this law led to progress during the year, and more 
than 30 percent of applications were approved at the appeals level. 
However, problems related to access and registration of claims and 
detention conditions of irregular entrants persisted.
    In his May report the deputy ombudsman for human rights asserted 
that individuals who should be protected did not have access to the 
asylum process, while economic migrants used and exploited the asylum 
system to secure their presence in the country.

    Nonrefoulement.--In practice the government provided only limited 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion. Many NGOs and international organizations 
reported that authorities summarily deported illegal immigrants, 
including asylum seekers, across Greek-Turkish land and maritime 
borders.

    Refugee Abuse.--Local and international NGOs found conditions for 
illegal immigrants and asylum seekers detained by authorities to be 
generally unsatisfactory, specifically criticizing detention procedures 
and facilities for refugees and asylum seekers as inadequate. 
Conditions for undocumented immigrants and asylum-seeking children were 
particularly difficult. During the year the UNHCR and local and 
international NGOs, including Amnesty International and Doctors without 
Borders, on several occasions found unaccompanied minors incarcerated 
along with adults in detention centers in degrading, inhumane, and 
unsanitary conditions. The UNHCR reported that an estimated 4,000 to 
5,000 unaccompanied minors arrived in the country each year. 
Unaccompanied immigrant children lacked safe accommodations or legal 
guardians and were vulnerable to homelessness and labor exploitation.
    In 2009 the ECRI noted with concern that the law allows for the 
deportation of unaccompanied minors, and that unaccompanied minors were 
served deportation orders with no specific date of deportation and no 
interim housing pending departure. The deputy ombudsman for children's 
rights informed the ECRI that social workers were responsible for the 
guardianship of unaccompanied minors, but in practice they did not 
fulfill their responsibility due to a lack of funds and guidelines. In 
September after visiting detention centers in the Evros region, HRW 
alleged the country's authorities were holding migrants, including 
members of vulnerable groups such as unaccompanied children, for weeks 
or months in conditions that amounted to inhuman and degrading 
treatment. HRW also found men and women colocated in overcrowded cells 
and unaccompanied minors housed in packed cells with adult men. Beds 
were scarce, toilet and washing facilities almost nonexistent, medical 
help rare, and beatings common for protesters. HRW further noted that, 
in some border centers, sewage was running on the floors; the smell was 
almost unbearable, prompting guards to wear surgical masks when 
entering the passageway between the large, barred cells. The report 
also included detainees' accounts of protests, riots, and beatings at 
the detention center in Fylakio, Evros.
    On January 21, the European Court of Human Rights ruled that M. S. 
S., an Afghan translator who first arrived in Greece in 2008 and later 
applied for asylum in Belgium, should not have been deported from 
Belgium to Greece, where he faced degrading and inhuman treatment. In 
January 2010 UNHCR Antonio Gutierrez advised European states which 
apply the Dublin II regulation on asylum not to return asylum seekers 
to Greece as provided under the regulation pending the implementation 
of asylum reforms.
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 
country's parliamentary elections in 2009 were considered free and 
fair.

    Participation of Women and Minorities.--There were 51 women in the 
300-seat parliament and two women in the 18-member cabinet. A quota 
system requires that 30 percent of all parties' candidates for local 
government be women. At the three highest courts, 14 of 61 Council of 
State justices, 28 of 59 Supreme Administrative Court justices, and 
three of 62 Supreme Court justices were women.
    There were two members of the Muslim minority of Thrace in the 
parliament; there were no minority members in the cabinet.
    Approximately one-third of the Romani population was not registered 
to vote.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. While 
the previous government (October 2009 to November 2011) took some 
concrete actions, the media, international organizations, and NGOs 
continued to voice concerns about corruption. In September 2010 the 
public prosecutor's office set up a new unit to facilitate prosecution 
of economic/financial crimes in the public sector. Authorities designed 
the unit to work closely with the financial and economic crime unit of 
the Ministry of Finance and the internal affairs division of the State 
Police, which was responsible for corruption cases across the public 
sector.
    Reports of police corruption continued. During the year the police 
bureau of internal affairs took multiple disciplinary measures, 
including dismissal and suspension, against officers involved in 
corruption. Police misdeeds primarily involved forging documents, 
taking bribes, illegal actions involving arms and explosives, illegally 
releasing persons from custody, procuring, and violations related to 
alien registration.
    There are income disclosure laws for high-ranking public officials 
and members of parliament. Such information was generally provided and 
made public.
    The law provides for the right of access to government-held 
information. However, NGOs and media observers noted that access to 
information was sometimes difficult in practice because of bureaucratic 
delays.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were often cooperative and responsive to their views.

    Government Human Rights Bodies.--The law provides for an 
independent ombudsman. The Office of the Ombudsman provided an 
effective means for citizens to report human rights problems. The 
office received adequate resources to perform its various functions, 
which included mediating between private individuals and public 
administrators and defending and promoting children's rights.
    There were five deputy ombudsmen who dealt, respectively, with 
human rights, children's rights, citizen-state relations, health and 
social welfare, and quality of life problems. The deputy ombudsman for 
human rights received complaints during the year regarding the 
government's handling of residence and work provisions for immigrants; 
overcrowding in prisons and detention centers for illegal aliens; 
social exclusion of vulnerable groups such as Roma and migrants; 
confiscation of Romani properties because of unpaid housing loans; 
problems in the asylum and visa processes; arbitrary and unjustified 
administrative decisions related to professional rights and 
registration in professional associations; unjustified procedural 
difficulties in acquiring citizenship; discrimination against aliens; 
police brutality; and an increase in crime and homelessness in the 
center of Athens.
    The government-funded National Commission for Human Rights (NCHR) 
is an autonomous human rights body that advises the government on the 
protection of human rights. It is composed of representatives of the 
government, labor unions, political parties, civil society 
organizations, independent authorities, and academics. During the year 
it produced public reports (available on the Internet at http://
www.nchr.gr/) on the situation in detention centers, violence during 
demonstrations, and the implementation of ECHR rulings.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and the law prohibit discrimination based on race, 
gender, disability, language, or social status. However, the government 
did not protect these rights consistently in practice.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a crime. Conviction rates for rape were low for first-time 
offenders, but sentences were robust for repeat offenders. According to 
police statistics 215 rape or attempted rape cases were reported in 
2010. Medical, psychological, social, and legal support was usually 
available to rape victims from the government and NGOs.
    Domestic violence, including spousal abuse, continued to be a 
problem. The General Secretariat for Gender Equality (GSGE), an 
independent government agency, reported that domestic violence was 
common and developed policies to combat it. The law provides for 
prosecution of all domestic violence crimes, without the need for a 
victim to press charges. Penalties range from two to 10 years' 
imprisonment, depending on the gravity of the crime. The GSGE estimated 
that only 6 to 10 percent of domestic violence victims contacted the 
police, and only a small fraction of those complaints went to trial. 
The GSGE received 2,957 calls from victims of domestic violence since 
the establishment of the women's abuse hotline in March.
    The GSGE, in cooperation with the Ministry of Citizen Protection, 
trained police on working with domestic violence victims. Despite 
training efforts the GSGE reported police tended to discourage women 
from pursuing domestic violence charges, encouraging them instead to 
undertake reconciliation. NGOs reported that courts were lenient to 
male offenders in domestic violence cases. Police stations generally 
had a manual on how police should treat victims of domestic violence.
    The GSGE provided counseling and assistance to domestic violence 
victims. Two GSGE shelters for battered women and their children, in 
Athens and Piraeus, offered services including legal and psychological 
help. The GSGE operated a 24-hour emergency telephone hotline for 
abused women, and the Ministry of Health and Social Solidarity operated 
a hotline providing referrals and psychological counseling for victims 
of domestic violence. The municipality of Athens, the Greek Orthodox 
Church, and a variety of NGOs also operated shelters and walk-in 
centers and provided counseling and assistance to such victims.
    Government statistics on the extent of rape, domestic violence, and 
spousal abuse were either unavailable or outdated. Data on 
prosecutions, convictions, and prison sentences for rape and domestic 
violence crimes were unavailable.

    Sexual Harassment.--The law prohibits sexual harassment and 
provides penalties ranging from two months to five years in prison. The 
ombudsman for human rights reported a ``very low'' number of complaints 
of sexual harassment in 2010, with only 13 cases submitted, all by 
women. The ombudsman complained that addressing sexual harassment cases 
was difficult, since there was often a lack of evidence and testimonies 
to support allegations.
    The Center for Research on Gender Equality Issues reported that the 
vast majority of women who experienced sexual harassment in the 
workplace did not file charges; some quit their jobs. The center 
estimated that 30 to 50 percent of working women and 10 percent of 
working men experienced sexual harassment at their workplaces each 
year.

    Reproductive Rights.--The government generally respected the 
reproductive rights of couples and individuals. Contraception was 
widely available in stores and hospitals, and the government respected 
the rights of couples and individuals to decide freely and responsibly 
the number, spacing, and timing of their children. Public hospitals 
provided services free of charge; consequently, any health issues 
typically surfaced only after a woman returned to her community, which 
might have substandard facilities. Both public and private hospitals 
provided modern skilled attendance during childbirth. Women and men had 
equal access to diagnostic services and treatment for sexually 
transmitted diseases.

    Discrimination.--Muslim women in Thrace may choose to be subject to 
Shari'a law as interpreted by official muftis; separately, according to 
the U.N. independent expert on minority issues, women's rights under 
family law, property law, and in the judicial system are inferior to 
those of men. The government recognizes Shari'a as the law regulating 
the family and civic issues of the Muslim minority in Thrace, with 
local trial courts routinely ratifying the muftis' decisions. The U.N. 
independent expert on minority issues in 2009 highlighted that the 
application of Shari'a in some instances subjected Muslim women to 
norms incompatible with the constitution, legislation, and 
international standards. She further noted the situation of women in 
Romani and Muslim communities was of particular concern. According to 
the U.N. report, Muslim women experienced severe inequalities in access 
to education and consequently suffered disproportionately high levels 
of illiteracy and unemployment.
    The NCHR advised the government to limit the powers of the muftis 
to religious duties and to stop recognizing Shari'a because it could 
restrict the civil rights of citizens. Muslim female activists claimed 
that, since the overwhelming majority of Muslim women in Thrace were 
married under Shari'a, they were obliged to acquire a mufti's consent 
to obtain a divorce. These decisions were based on interpretations of 
Shari'a that do not exist in written form and therefore could not be 
appealed. Members of the Muslim minority in Thrace can also use the 
services of the country's civil courts.
    Apart from the Muslim minority in Thrace, women have rights equal 
to those of men, and the constitution stipulates gender equality.
    The law provides for equal pay for equal work; however, according 
to Social Security Institute statistics, there was a 28 percent gap 
between the salaries of men and women in the country in favor of men. 
Although relatively few women occupied senior private-sector positions, 
women continued to enter traditionally male-dominated professions, such 
as law and medicine, in ever larger numbers. Women were 
underrepresented in labor-union leadership.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents at birth. A single parent can confer citizenship to a child, 
and the country allows for dual citizenship.
    A new citizenship law passed in March 2010 grants citizenship 
rights to alien children born in Greece whose parents have lived 
legally and permanently in the country for five years. Alien children 
born abroad to parents who have lived legally and permanently in the 
country for five years become citizens upon successful completion of 
elementary education (six years). Foreigners arriving in the country 
after the new law took effect must fulfill a seven-year legal residency 
requirement before they can apply for citizenship, which, together with 
procedural delays, could stretch the wait to a decade. The fee for 
citizenship applications was recently reduced to 700 euros ($910) from 
1,500 euros ($1,950).
    The law gives immigrant children born in Greece the right to apply 
for long-term residence permits. NGOs estimated that, of the 200,000 
foreign children living in the country, only 30,000 could meet the 
requirements of the law, which include a fee of 900 euros ($1,170), a 
certificate of completion of the mandatory nine years of education in 
country, and two parents with legal residence permits.

    Education.--Romani children continued to face discrimination in 
education (see section 6: National/Racial/Ethnic Minorities), with the 
lack of transportation to some schools preventing their attendance.

    Child Abuse.--Violence against children, particularly street and 
Romani children and undocumented immigrants, remained a problem. The 
law prohibits corporal punishment and mistreatment of children, but 
government enforcement was generally ineffective. Welfare laws provide 
for treatment and prevention programs for abused and neglected children 
as well as alternative family care or institutional placement for those 
in need of it. However, government-run institutions were understaffed, 
and NGOs complained of insufficient places for all children who needed 
alternative placement. The deputy ombudsman for children's rights 
reported that the system of child welfare and protection was deficient 
overall and did not cover increasing needs. In particular social 
services were not appropriately staffed to handle serious family 
problems, and welfare allowances and support for single parent families 
were insufficient. In addition the deputy ombudsman noted that 
prosecutors responsible for minors, who legally should take measures to 
protect children in difficult situations, were overloaded with other 
duties. Understaffed child protection institutions lacked certification 
and sufficient qualified staff to provide care to abused, refugee, or 
drug-abusing children.
    According to UNICEF and local NGOs, the majority of street children 
(often indigenous or Albanian Roma) were exploited by family members, 
who forced them to work in the streets begging or selling small items. 
Government efforts to prevent this form of child exploitation were 
inadequate. While national statistics were unavailable, in 2009 the NGO 
ARSIS reported finding 638 street children in Athens and Thessaloniki. 
In 2009 and 2010, according to ARSIS, there was a significant rise in 
the total number of street children, especially Romani children from 
Bulgaria and Romania. However, the number of street children from 
Albania declined.
    The deputy ombudsman for children's rights cited serious, 
persistent problems in the Center for Care of Children of Lechaina 
(Peloponnese) where, due to a lack of staff, children were sedated, 
tied to their beds, or even confined in wooden cages to limit their 
mobility.

    Child Marriage.--The legal age for marriage is 18. However, child 
marriage was common within the Romani community, and there were a 
limited numbers of marriages of persons under 18 among the Muslim 
minority in Thrace and Athens, performed with the permission of the 
prosecutor. NGOs reported that Romani women typically marry and have 
children at a very early age, reportedly as young as 13. A tradition in 
the Romani community, child marriages also stemmed from a lack of 
education and work opportunities.
    The state-appointed muftis, who may apply Shari'a in family 
matters, noted that the marriage of children under age of 15 is not 
allowed and, in order to protect children, marriages involving minors 
between the ages of 16 and 18 required a prosecutor's decision.

    Sexual Exploitation of Children.--The law criminalizes sex with 
children under the age of 15. If the victim is under ten years of age, 
the sentence carries at least ten years imprisonment; if the victim is 
between 10 and 13, up to ten years; and if the victim is 13 and over, 
the length of imprisonment is not specified and is determined by the 
court. The law prohibits the possession and circulation of child 
pornography, treating it as a felony punishable by five to 10 years' 
imprisonment.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--Local leaders estimated the Jewish community 
numbered 5,000. Isolated expressions of anti-Semitism occurred, 
particularly in the extremist press and some blogs.
    In November in response to the forming of the new coalition 
government that included the LAOS party, some of whose members had 
previously made anti-Semitic remarks, the Central Board of Jewish 
Communities in Greece issued an announcement. The announcement 
emphasized the belief that, while the new government included 
representatives of a political party whose members had expressed anti-
Jewish propaganda, the government would ``continue the same policy 
against racism and anti-Semitism that all previous democratic 
governments in Greece have maintained. and not allow any violation of 
the Constitution that provides for the equality of all citizens 
regardless of race or religion.''
    LAOS Party leader Georgios Karatzaferis had made numerous anti-
Semitic statements in the past, insinuating that Jews planned the 
September 11 attacks and denying the existence of the Holocaust. Four 
members of LAOS held various ministerial positions in the interim Greek 
government. Minister of Infrastructure, Transport and Networks Maroudis 
Voridis in 1994 formed an anti-Semitic and nationalist party called 
``Hellenic Front,'' which in 2005 merged with LAOS. Deputy Minister for 
Regional Development, Competitiveness, and Shipping Adonis Georgiadis 
also claimed in 2009 that ``all major banks belong to the Jews.'' 
Additionally, on his television show Georgiadis publicized Kostas 
Plevris' anti-Semitic book The Jews--the Whole Truth and was a witness 
for Plevris in the latter's lawsuit against members of the Greek Jewish 
community and NGOs, whom he sued for publicly criticizing judges who 
had earlier acquitted him of inciting hatred and racial violence with 
his book. The trial in question of the Greek Helsinki Monitor and 
Jewish community representatives was postponed.
    In April vandals committed an arson attack on a synagogue in Corfu. 
In May unknown perpetrators desecrated a synagogue in Volos (Central 
Greece). Unknown perpetrators in June twice desecrated the Holocaust 
Monument in Thessaloniki with swastikas. In September unknown 
perpetrators drew anti-Semitic graffiti on a street art composition in 
Nea Ionia (suburb of Athens).
    In December 2010, during an interview on the country's largest 
television station, Metropolitan of Piraeus Seraphim blamed world Jewry 
for the country's financial problems and claimed that the Jews 
themselves orchestrated the Holocaust. The Jewish community, the 
country's government, and some of Metropolitan Seraphim's 
coreligionists condemned his comments. Subsequently, in a statement 
released in January, Metropolitan Seraphim reiterated his belief that 
the Jews controlled the banking system but stated that Hitler was a 
``horrible criminal against humanity.'' His statement also equated 
Zionism with ``Satanism.'' The government and other church officials 
immediately condemned the statements.
    The government condemned all incidents of vandalism and desecration 
and provided funds for the restoration of the Chania synagogue damaged 
in arson attacks in December 2009-January 2010. The police routinely 
investigated all such instances of vandalism and desecration.

    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 all known disabilities in employment, education, 
access to health care, or the provision of other government services. 
In practice NGOs and organizations for disability rights reported that 
government enforcement of these provisions was uneven. The law mandates 
access to buildings for persons with disabilities and special ramps for 
the sidewalks and means of public transportation; however, authorities 
enforced this law poorly. Activists for the rights of persons with 
disabilities reported that, although special ramps for sidewalks were 
being constructed throughout the country, sidewalks and special ramps 
were overwhelmingly occupied by parked vehicles, thus hindering 
accessibility for persons with disabilities. The general lack of 
accessibility forced such persons to remain at home and led to serious 
social exclusion. Research by the Polytechnic School of Athens during 
the year revealed that 69 percent of the country's ports were not 
accessible to passengers with disabilities. The law allows service 
animals to accompany blind persons in all mass transit, but blind 
activists claimed they faced serious problems when attempting to use 
city transportation with their dogs.
    Only 5 percent of public buildings were fully accessible to persons 
with disabilities, with the majority of these in Athens; even buildings 
with special ramps did not, for the most part, have accessible 
elevators or lavatories. The deputy ombudsman for social welfare 
handled complaints related to persons with disabilities, especially 
those related to employment, social security, and transportation.
    In 2009 the Ministry of Health and Social Solidarity estimated 
there were 180,000 children with disabilities with special educational 
needs. The Teachers' Association estimated in 2009 that only 18,500 of 
these children attended primary school and that of these only 10 
percent would attend secondary school, due to a lack of either local 
special education schools or accessibility. According to NGOs working 
on this issue, the situation worsened over the year.
    The Confederation of the Disabled reiterated during the year that 
education was not available for persons with serious disabilities, and 
many such persons were forced either to leave school due to lack of 
accessibility or to accept a low-quality education at the special 
education schools. The confederation stated that only two of the 10 
universities in Athens were accessible to persons with disabilities and 
that 80 percent of children in special schools for children with 
disabilities were housed in buildings unsuitable to their needs.
    The Confederation of the Disabled estimated the unemployment rate 
for persons with disabilities to be 84 percent in 2010 and called 
unemployment the greatest social problem they faced.

    National/Racial/Ethnic Minorities.--According to NGOs, Roma 
continued to face widespread governmental and societal discrimination, 
including alleged police abuse or mistreatment while in police custody; 
regular raids and searches of their neighborhoods for criminal 
suspects, drugs, and weapons; limited access to education; and 
segregated schooling. Their dwellings lacked running water, 
electricity, or waste removal and were at times demolished by municipal 
authorities. NGOs and representatives of the Romani community reported 
that government efforts to address these problems were inconsistent, 
especially at the municipal level.
    The law prohibits the encampment of ``wandering nomads'' without a 
permit and forces Roma to establish settlements outside inhabited areas 
and far from permanent housing. There were approximately 70 Romani 
camps in the country. Local and international NGOs charged that the 
enforced separation of Romani settlements from other inhabited areas 
contravened the country's commitments under the International 
Convention on the Elimination of All Forms of Racial Discrimination. In 
addition Roma were reportedly threatened with forced evictions.
    In his report on human rights the deputy ombudsman for human rights 
noted that, in addition to the grave housing problem, Roma faced very 
serious social exclusion and Romani women and children were 
particularly vulnerable. Very few indigenous Romani children attended 
school; alien Romani children tended not to go to school at all; and 
government projects to attract Romani children to education had very 
limited success. According to statistics from the EU Agency for 
Fundamental Rights for 2009, only 4 percent of Roma reported having 
attended school for at least 10 years, and 63 percent were living in 
segregated conditions, effectively cut off from mainstream society and 
municipal services.
    In February the prosecutor ordered lower courts to take action to 
combat exclusion of Romani children from education. The lower courts 
ignored the order. In September the Greek Helsinki Monitor stated that 
segregation of Romani children in schools was a persistent phenomenon 
and noted the existence of Roma-only schools throughout the country as 
well as the refusal of school authorities in a number of areas to allow 
Romani children access to schools.
    Romani children also continued to face social exclusion and lack of 
access to social services, in part because they accompanied their 
parents who primarily worked as wandering merchants or engaged in 
selling scrap materials. According to the deputy ombudsman for human 
rights, Roma lived in ``extremely dangerous and unacceptable shacks'' 
in many areas, and government housing projects for indigenous Roma have 
been largely unsuccessful.
    The life expectancy for Roma was estimated at 55 years (compared to 
79 for the rest of the population). Although some progress in 
vaccinations was made, approximately 90 percent of Romani children were 
still not vaccinated, and the rate of hepatitis B among Roma was three 
times higher than among the rest of the population. The incarceration 
rate for Roma was seven times higher than that of the general 
population.
    Media and NGOs reported multiple attacks on immigrants by far-right 
extremist groups. NGOs and labor unions expressed deep concern over the 
rise in racist violence by far-right groups.
    Immigrants, who made up approximately 10 percent of the total 
population of the country, also reportedly faced widespread societal 
discrimination and accused the police of physical, verbal, and other 
mistreatment. They reported the confiscation and destruction of 
personal documents, particularly during police sweeps to apprehend 
undocumented immigrants.
    Migrant groups and NGO activists alleged that violent attacks 
directed at immigrants took place throughout the year. Perpetrators 
allegedly launched multiple arson attacks during the year on makeshift 
mosques in downtown Athens. In one such attack in March, five persons 
were injured.
    Vigilantes, allegedly including members of the far-right group 
Golden Dawn, launched several attacks against illegal immigrants 
throughout the year, such as in September against the secretary of the 
Sudanese community, and in March and September against Pakistanis, 
Afghans, and other migrants.
    The UNHCR sent a letter to the prime minister in September noting 
its concern over the series of criminal attacks ``with the sole 
criterion being the color of the skin or the country of origin'' of the 
victim.
    A number of citizens identified themselves as Turks, Pomaks 
(Slavic-speaking Muslims), Vlachs (a Balkan minority group speaking a 
dialect of Romanian), Roma, Arvanites (Orthodox Christians who speak a 
dialect of Albanian), or Macedonians. Some members of these groups 
sought to be identified officially as ``minorities'' or ``linguistic 
minorities.'' The government considers the 1923 Treaty of Lausanne as 
providing the exclusive definition of minorities in the country and 
defining their group rights. Accordingly, the government recognizes 
only a ``Muslim minority.'' An officially recognized Muslim minority of 
approximately 150,000 members resided in Thrace and was composed 
primarily of ethnic Turkish, Pomak, and Romani communities. Some 
members of the Pomak community claimed members of the Turkish-speaking 
community pressured them to deny the existence of a Pomak identity 
separate from a Turkish identity.
    Although the government neither confers official status on any 
indigenous ethnic group, nor recognizes ``ethnic minority'' or 
``linguistic minority'' as legal terms, it affirms an individual's 
right of self-identification. However, many individuals who defined 
themselves as members of ``a minority'' found it difficult to express 
their identity freely and maintain their culture. Use of the terms 
Tourkos and Tourkikos (``Turk'' and ``Turkish'') is prohibited in 
titles of organizations, although individuals legally may call 
themselves Tourkos. Associations with either term in their name were 
denied official recognition.
    The government did not recognize the existence of a Slavic dialect, 
called ``Macedonian'' by its speakers, in the northwestern area of the 
country. Nevertheless, a small number of its speakers insisted on 
identifying themselves as ``Macedonian,'' a designation that generated 
strong opposition from other citizens. These individuals claimed that 
the government pursued a policy designed to discourage the use of their 
language. Government officials and the courts denied requests by Slavic 
groups to identify themselves using the term ``Macedonian,'' stating 
that approximately 2.2 million ethnically (and linguistically) Greek 
citizens also use the term ``Macedonian'' to identify themselves.
    The U.N. independent expert on minority issues, in a 2009 report, 
urged the government to withdraw from the dispute over whether there 
was a ``Macedonian'' or a ``Turkish'' ethnic minority in the country. 
She advised focusing instead on protecting the rights to self-
identification, freedom of expression, and freedom of association of 
those communities and on complying fully with the rulings of the ECHR 
that associations should be allowed to use the words ``Macedonian'' and 
``Turkish'' in their names and to express their ethnic identities 
freely. The independent expert found that those identifying themselves 
as ethnic Macedonians continued to report discrimination and 
harassment. Representatives of the minority claimed they were denied 
the right to freedom of association, citing unsuccessful efforts since 
1990 to register the organization ``Home of Macedonian Culture'' in 
Florina.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--While the legal age of consent 
for sexual intercourse is 15, it is 17 for sex between men. The law 
does not specify an age of consent for sex between women. The NGO 
Homosexual and Lesbian Community of Greece (OLKE) stated that the 
higher age of consent for gay men and the lack of any legal framework 
for lesbian sex constituted discrimination. OLKE also criticized the 
country's laws against hate speech for not including sexual orientation 
or gender identity.
    The police provided adequate security, and the mayor of Athens 
sponsored the annual Gay Pride parade in central Athens in June; there 
were no reports of impediments to the march.
    NGOs reported that societal discrimination based on sexual 
orientation and gender identity was widespread but focused on gay 
relationships. Transgender persons were exempt from military service on 
disability grounds.

    Other Societal Violence or Discrimination.--Observers indicated 
that individuals with HIV/AIDS suffered from high social exclusion 
rates and a loss of employment if they revealed their status.
    There were no reports of dismissal from work due to HIV/AIDS during 
the year. Persons with HIV/AIDS were exempt from military service on 
medical grounds.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law grants all workers, with the exception of members of the 
military services, the right to form and join independent unions; 
allows unions to conduct their activities without interference; and 
permits workers in the private sector, the government, and parastatal 
corporations to strike. The law also provides for the right to bargain 
collectively. Workers and unions exercised these rights freely in 
practice. No antiunion discrimination was reported during the year. 
Agricultural employees, most of whom were foreigners, were not 
unionized.
    Police have the right to organize and demonstrate but not to 
strike. There are some legal restrictions on strikes, including a 
mandatory notice period of four days for public utility workers 
(including those in the transportation sector), and 24 hours for 
workers in the private sector. The law mandates minimum staff levels 
(as determined by management) during strikes affecting public services. 
Courts may declare a strike illegal, but they seldom enforced such 
decisions. Unions complained that this judicial power deterred some of 
their members from participating in strikes. Courts declared some 
strikes (of transportation workers, air traffic controllers, garbage 
collectors, dock workers, and others) illegal during the year for such 
reasons as the union's failure to give adequate advance notice of the 
strike or introduction of new demands during the course of the strike, 
but no workers were prosecuted for striking. During the year numerous 
strikes involving private and public sector employees, public utility 
employees, truck drivers, and garbage collectors took place. There were 
no apparent government impediments to the right to strike.
    All workers in the country are covered by collective bargaining 
agreements except for security and armed forces personnel, whose 
salaries are determined by the state. Reforms of the labor laws during 
the year allowed company-level agreements to take precedence over 
sectoral-level collective agreements in the private sector. Civil 
servants negotiate and conclude collective agreements with the 
government on all issues except for salaries, for which the government 
has a constitutionally provided prerogative. The legislation imposes a 
salary cap for employees of public enterprises as well as a 10 percent 
salary cut for salaries above a certain limit. The unions protested the 
reforms and alleged to the International Labor Organization (ILO) that 
implementation of the legislation would violate ILO conventions 
protecting the right to collective bargaining which the country 
ratified.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forced or compulsory labor, including by children; however, women, 
children, and men were trafficked for labor exploitation in 
agricultural and construction sectors. The National Coordination 
Mechanism to Monitor and Combat Trafficking in Human Beings and the 
Hellenic Police's antitrafficking unit, among other government 
entities, worked to prevent and eliminate labor trafficking. In April 
the antitrafficking police removed 35 Romanians who worked in forced 
labor conditions harvesting strawberries in the Peloponnese. During the 
same month the antitrafficking police also dismantled a Bulgarian ring 
bringing minors and persons with disabilities into the country and 
forcing them to beg.
    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.--
Although the law protects children from exploitation in the workplace 
and prohibits forced or compulsory labor, the government did not 
adequately protect children, primarily Roma, who were trafficked for 
begging, pickpocketing, or selling merchandise on the street.
    The minimum age for employment in the industrial sector is 15, with 
higher limits for some activities. The minimum age is 12 in family 
businesses, theaters, and the cinema. The Labor Inspectorate enforced 
these limits by occasional spot checks, and they were generally 
observed. Younger family members often assisted families in 
agriculture, food service, and merchandising on at least a part-time 
basis.
    Child labor was a problem. A number of children begged or sold 
small items in the streets. The government and NGOs reported that the 
majority of beggars were either indigenous Roma or Albanian Roma. 
Drawing upon recent Ministry of Education data, local children's 
advocates estimated that a large number of the 150,000 children under 
the age of 18 who dropped out of school each year ended up in the labor 
market, often in poorly paid and arduous positions. Jobs for dropouts 
included washing cars, pumping gas, construction, and low-level service 
sector employment.
    For some years there were reports that unaccompanied immigrant 
children, working mainly in the agriculture, construction, and garment 
manufacturing sectors, were particularly vulnerable to labor 
exploitation, and the situation remained largely unchanged during the 
year.
    Children from Albania were reportedly trafficked and forced to beg, 
with some parents forcing their children to beg for money or using them 
to elicit sympathy while the parents themselves begged.
    The Labor Inspectorate is responsible for enforcing child labor 
legislation; however, trade unions alleged that enforcement was 
inadequate due to inspectorate understaffing.

    d. Acceptable Conditions of Work.--The gross national minimum wage 
in the private sector was 34 euros ($44) per day and 751 euros ($976) 
per month. Public sector salaries, including the minimum wage, were 
determined by the government without negotiations with civil servant 
unions. The minimum gross salary for the public sector was 780 euros 
($1,014) per month. The National Statistical Authority estimated in 
2008 (the latest statistics available) that the poverty income level 
for an individual was 6,480 euros ($8,424) per year. Wages were 
officially the same for local and foreign workers, but there were 
numerous reports of exploitation of documented, and even more reports 
of exploitation of undocumented, foreign workers by employers who paid 
low wages and made no social security contributions. Workers in the 
shadow economy, estimated to comprise approximately 25-35 percent of 
gross domestic product, usually received less than the minimum wage and 
had no social security coverage. The Labor Inspectorate estimated in 
September that more than 35 percent of migrants received salaries below 
the minimum and did not have social security coverage. The law allows 
employers to pay workers under the age of 25 wages amounting to 84 
percent of the national minimum wage.
    The maximum legal workweek is 40 hours. The law provides for at 
least one 24-hour rest period per week, mandates paid vacation of one 
month per year, and sets limits on the amount of overtime. Premium pay 
and authorization by the Ministry of Employment and Social Security are 
required by law for overtime work. The Labor Inspectorate is 
responsible for enforcement of labor legislation; however, trade unions 
alleged that enforcement was inadequate, especially in the construction 
and public works sectors and in medium and small enterprises, due to 
insufficient inspectorate staffing. The actual number of labor 
inspectors was unavailable.
    The law provides for minimum standards of occupational health and 
safety. The General Confederation of Greek Workers characterized health 
and safety laws as satisfactory but stated that enforcement by the 
Labor Inspectorate was inadequate. Workers have the right to lodge a 
confidential complaint with the Labor Inspectorate regarding hazardous 
conditions or situations they believe endanger their health. Inspectors 
can close machinery or a process for up to five days if they find 
safety or health hazards that they believe present an imminent danger 
to workers.
    The labor inspectorate reported 2,184 labor accidents in 2010, of 
which 19 were fatal.

                               __________

                                HUNGARY

                           EXECUTIVE SUMMARY
    Hungary is a multiparty parliamentary democracy. Legislative 
authority is vested in the unicameral National Assembly (parliament). 
The parliament elects the president (the head of state) every five 
years. The president appoints a prime minister from the majority party 
or coalition following a two-round national election every four years. 
The last parliamentary elections in April 2010 were assessed as free 
and fair. The conservative Fidesz-Christian Democrat (KDNP) coalition 
won a two-thirds majority. Fidesz's prime ministerial candidate, Viktor 
Orban, took office in May 2010. Security forces reported to civilian 
authorities.
    Among the most important human rights problems during the year were 
societal discrimination and exclusion of the Romani population and 
violent right-wing extremism. Discrimination against Roma exacerbated 
their already limited access to education, employment, health care, and 
social services. Right-wing extremism, including public campaigns by 
paramilitaries to intimidate and incite hatred against Roma and other 
minorities, increased. Also the government began implementing a new law 
that restricts media freedom by increasing government influence over 
the media in general. The government also adopted a new Fundamental Law 
to replace the 1949 constitution, as well as more than 20 cardinal 
laws. New laws concerning the judicial system, religious organizations, 
and media freedom gave rise to concerns that the new legislation could 
undermine the country's democratic institutions by removing key checks 
and balances. The Fundamental Law and most cardinal laws were to come 
in to force on January 1, 2012.
    Other human rights problems during the year included police use of 
excessive force against suspects, particularly Roma; new restrictions 
on due process; new laws that caused concerns over the broad powers of 
the media regulatory authority, which could encourage self-censorship; 
government corruption; questionable layoffs of state media employees; 
societal violence against women and children; sexual harassment of 
women; anti-Semitism; trafficking in persons; and the adoption of laws 
that weakened the labor rights of civil servants.
    The government generally took steps to prosecute and punish 
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 during the year.
    On July 18, the Budapest Metropolitan Court's Military Panel 
acquitted 97-year-old Sandor Kepiro, a former officer in the 
gendarmerie, of war crime charges due to lack of sufficient evidence. 
In 1944 Hungarian courts convicted Kepiro for his role in the Serbian 
1942 Novi Sad massacre in which more than 1,200 persons were killed, 
most of them Jews. However, his sentence was never carried out. In 2006 
the Simon Wiesenthal Center discovered that Kepiro was living in 
Budapest, and in 2007 the prosecutor's office opened a new case against 
him. Both the prosecutor and the defendant appealed the July 18 
verdict. On September 3, Kepiro passed away, and the appellate court 
invalidated the verdict on October 21 pursuant to the law on criminal 
procedure code.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
the Hungarian Civil Liberties Union (HCLU) reported that police often 
verbally and physically abused suspects of Roma origin in certain areas 
of the country, most frequently in the northeastern Borsod-Abauj-
Zemplen County.
    Authorities opened criminal investigations of police misconduct in 
224 cases in connection with large antigovernment demonstrations and 
riots in 2006 in Budapest and other major cities. Prosecutors pressed 
charges against 36 police officers and terminated the investigation in 
175 cases without charges. Courts dismissed charges in 23 cases and 
found defendants guilty of causing bodily harm in 12 cases. The 
verdicts were not subject to appeal. One case remained pending at the 
appellate court and 23 other cases remained under investigation at 
year's end. On March 15, the chairman of the Human Rights Committee, 
Istvan Balsai, appointed by the prime minister to be special 
commissioner in charge of investigating the 2006 demonstrations, 
completed his 150-page report. The ``Balsai Report'' cited 15 crimes 
allegedly committed by police and other state bodies and suggested that 
political and police leadership, including former prime minister Ferenc 
Gyurcsany and former Budapest police chief Peter Gergenyi, might be 
criminally responsible. The report also called for an inquiry into acts 
committed by the state related to the demonstrations in the fall of 
2006. On October 6, parliament's Human Rights Committee presented the 
report to the Office of the Prosecutor General.
    In 2006 the Budapest Military Prosecutor's Office opened the first 
of the total of 16 investigations based on abuse of authority and 
maltreatment in official proceedings in connection with the alleged 
mistreatment and physical abuse of detainees in the Nagy Ignac prison 
committed during the 2006 demonstrations. At year's end all these 
investigations were closed without pressing charges due to the lack of 
evidence.

    Prison and Detention Center Conditions.--Overcrowding and poor 
conditions were the main problems in the prison system.
    At year's end there were 17,210 inmates in prisons and detention 
centers, including 1,237 women and 527 juveniles. The prison population 
increased to 137 percent of capacity, compared with 132 percent in 
2010. The official capacity of the Prison Service is 12,604.
    According to the National Prison Service Headquarters, nine inmates 
committed suicide during the year. In each case, a mandatory 
investigation cleared prison guards and other prisoners of any 
responsibility for the deaths.
    According to human rights nongovernmental organizations (NGOs), 
prisoners generally had access to potable water.
    The parliamentary commissioner (or ombudsman) for civil rights, 
Mate Szabo, handles prison complaints in general. On November 24, the 
government appointed Szabo to the National Preventive Mechanism (NPM) 
under the Optional Protocol to the U.N. Convention against Torture 
(OPCAT). The ombudsman has no authority to act on behalf of prisoners.
    In a report published on August 2, Szabo criticized placing inmates 
in special security departments and cells. On September 5, the 
ombudsman issued two investigative reports on the prisons of 
Marianosztra and Szombathely. The first report concluded that inmates 
in Marianosztra were kept in inhuman, humiliating, and dangerous 
conditions as prison cells were overcrowded, toilets were only 
separated with curtains, and several inmates were unable to bathe for 
two weeks after being admitted. The second report concluded that 
procedures in Szombathely prison violated inmate rights to human 
dignity and fair procedure by failing to provide proper clothing for 
the period of solitary confinement and by repeatedly rejecting inmates' 
legitimate complaints.
    The Hungarian Helsinki Committee (HHC) continued to complain that 
detainees who alleged physical mistreatment usually were only examined 
by internal medical staff. According to a 2010 order of the national 
police chief, medical examinations can be conducted in the absence of 
law enforcement staff only at the request of the detainee or the 
doctor, and only if permitted by the senior guard supervisor.
    The law provides prisoners with a minimum of one 30-minute visit 
per month. In practice, prison wardens decide the maximum length of 
visiting time, which at most facilities is one hour. The HHC asserted 
that the one-hour monthly limit on visits could not be regarded as 
reasonable access to visitors, especially in the case of pretrial 
detainees.
    The law allowed detainees telephone calls in accordance with the 
technical capacity of the individual penitentiary. The HHC reported 
that telephone calls were available in every institution, but their 
permitted length varied significantly.
    Authorities generally permitted prisoners and detainees to submit 
complaints to judicial authorities without censorship and to request 
investigation of alleged inhumane conditions.
    NGOs reported that prisoners and detainees were permitted religious 
observance. The law provides female prisoners with 37.67 square feet 
free movement space ``if possible,'' while men are provided with 32.29 
square feet.
    The government permitted independent monitoring of prison 
conditions by local and international human rights groups, such as the 
Hungarian Helsinki Committee, and the media. The HHC announced that it 
conducted three ad hoc visits to inmates who reported serious 
complaints and met with prisoners without the presence of prison 
officials. The Council of Europe's Committee for the Prevention of 
Torture also was permitted to monitor prison and detention center 
conditions.

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

    Role of the Police and Security Apparatus.--The National Police 
Headquarters (NPH), which operates under the direction of the Ministry 
of Interior, is responsible for maintaining order nationwide. Nineteen 
county police departments and the Budapest police headquarters are 
directly subordinate to the NPH; city police are subordinate to the 
county police and have local jurisdiction. Two hierarchically equal 
units are directly subordinate to the minister of interior: the 
Counterterrorism Center, which is responsible for protecting the prime 
minister and the president and for preventing and investigating 
terrorist acts, including kidnapping and hijacking, and the National 
Defense Service (NDS). The Hungarian Defense Force is subordinate to 
the Ministry of Defense and is responsible for external security as 
well as aspects of domestic security and disaster response.
    On January 1, the new NDS commenced operations aimed at eliminating 
corruption within law enforcement agencies, replacing the former 
Defense Service of Law Enforcement Agencies. The new NDS had increased 
authority, including the authority to use covert intelligence tools, 
and operated under the direct supervision of the minister of interior 
and the prosecutor general.
    Organized citizen groups, such as neighborhood and town watches, 
played an important role in helping police prevent crime. At the 
beginning of the year, far-right extremists continued to take advantage 
of the law to form vigilante groups and conduct patrols in smaller 
towns in eastern Hungary, apparently to intimidate the local Roma 
population. On April 23, the government issued a decree providing for 
fines of up to 100,000 forints ($414) for any failure of local 
neighborhood watch members to cooperate with the police. On May 2, 
parliament amended the penal code to increase sentences for 
unauthorized law enforcement activities. According to the amended code, 
anyone who organizes an unauthorized law enforcement effort commits an 
offense punishable by up to two years in prison. On November 29, 
parliament amended the law in order to require neighborhood watch 
groups to complete a written agreement with relevant police stations. 
The prosecutor's office maintained legal control over the operation of 
the neighborhood watch groups and could initiate legal proceedings at 
court upon the lack of the written cooperation agreement with the 
police.
    Civilian authorities maintained effective control over police, the 
NDS, and the armed forces, and the government has effective mechanisms 
to investigate and punish abuse and corruption. There were no reports 
of security forces acting with impunity.
    While there were no reports of impunity, the HHC noted that there 
was a great disparity between the number of indictments of members of 
security forces alleged to have committed abuses and the indictment of 
persons alleged to have committed violent acts against officials. In 
the first six months of the year, only 6 percent of complaints of abuse 
by members of the security forces resulted in an indictment, while 76 
percent of alleged acts of violence against an official person resulted 
in an indictment. There was also a significant disparity between the 
conviction rate of members of the security forces charged with a crime 
(60 percent) and the conviction rate for persons indicted for violence 
against an official person (96 percent).
    The Military Prosecutor's Office is responsible for conducting 
proceedings involving any member of the armed forces charged with a 
criminal offense. On November 28, parliament amended the law 
integrating the formerly independent Military Prosecutor's Office into 
a united Prosecutor's Office under the supervision of the Central 
Investigative Chief Prosecutor's Office. The law was scheduled to come 
into effect in 2012.
    In the first nine months of the year, authorities found 3,022 
police officers responsible for breaches of discipline, 766 guilty of 
petty offenses, 283 guilty of criminal offenses, and 10 unfit for duty. 
In the same period, courts sentenced four police officers to prison 
terms, gave suspended sentences to 39, fined 106, and dismissed 12. In 
the same period, courts convicted 37 officers of corruption. No 
information was available on the number placed on probation.
    Victims of lesser police abuses may complain either to the alleged 
violator's unit or to the Independent Police Complaints Board (IPCB), 
which investigated violations and omissions by the police that affected 
fundamental rights. The five-member body, appointed by a two-thirds 
majority of parliament, functions independently of police authorities. 
At year's end the board had received 805 reports from the public. It 
reviewed 458 complaints (including some cases filed in 2010) and found 
serious legal violations in 67 and minor legal violations in 33. The 
board forwarded the 67 cases to the national police chief, who agreed 
with the findings in two cases, partially accepted the findings in 
three, and rejected the findings in three. The rest remained pending. 
The IPCB's authority is limited to making recommendations to the NPH 
and reporting its findings to parliament.

    Arrest Procedures and Treatment While in Detention.--Police may 
take individuals into ``short-term arrest'' if they are caught 
committing a crime, suspected of having committed a crime, subject to 
an arrest warrant, or unable or unwilling to identify themselves. 
Individuals who cannot prove their identity with identification 
documents may be charged with a petty offense. Short-term arrests 
generally last up to eight hours, but may last up to 12 hours in 
exceptional cases. Police may detain suspects whom they consider 
security threats for 24 hours. Police and the prosecutor's office may 
order the 72-hour detention of suspects if there is a well-founded 
suspicion of an offense punishable with imprisonment or if the 
subsequent pretrial detention of the defendant seems likely. If the 
court does not order pretrial detention within 72 hours, police must 
release the detainee.
    Under certain conditions (such as risk of escape, or hindrance of 
an investigation), a prosecutor can file a motion with the local court 
of the district where the accused is taken into custody to request 
pretrial detention. Pretrial detention ordered by the court lasts until 
the issuance of a trial court ruling. Detention ordered by an appeals 
court lasts until the delivery of the final binding decision, but no 
longer than the length of imprisonment imposed by the trial court's 
sentence. The HHC continued to criticize the practice of pretrial 
detention.
    On July 4, parliament amended the criminal procedure code, 
introducing the criminal category of ``priority cases,'' which entered 
into force on July 13. The amendment reclassifies as priority cases 
specific criminal acts, such as the abuse of authority; crimes 
committed in criminal organization; acquisition of unlawful economic 
advantage; bankruptcy, money laundering, tax and social security fraud; 
and crimes without statute of limitation (such as crimes against 
humanity, first-degree murder, kidnapping, violence against a superior 
or person in authority, acts of terrorism, seizure of aircraft, or 
mutiny). Authorities may apply special procedures to priority cases, 
including detaining suspects for up to 120 (instead of 72) hours 
without court order and banning access to a defense lawyer without 
judicial review in the first 48 hours of detention. In addition, the 
prosecutor general can choose in which court to press charges, based on 
court workload, which could lead, some critics claimed, to ``venue 
shopping.''
    On August 4, Chief Justice of the Supreme Court Andras Baka turned 
to the Constitutional Court to challenge the modified criminal 
proceedings in priority cases. On December 19, the Constitutional Court 
struck down the new provisions on priority cases, including those that 
allowed for 120 hours of detention, the ban on access to a defense 
lawyer in the first 48 hours of detention, and the prosecutor general's 
power to try priority cases at a court of his choosing. However, on 
December 30, parliament adopted the Transitional Provisions of the 
Fundamental Law for the country's new constitution, which reintroduced 
the prosecutor general's authority to designate the court for cases in 
order to ensure the fundamental right to a speedy trial, and a balanced 
caseload throughout the court system. The same law also empowered the 
president of the newly established National Court Administration Office 
(OBH) to designate the court for cases in order to ensure the 
fundamental right to a speedy trial and balanced caseload throughout 
the court system. The Transitional Provisions of the Fundamental Law is 
scheduled to enter into force on January 1, 2012.
    Police must inform suspects of the charges against them and of the 
section of the criminal code under which they are charged at the 
beginning of their first interrogation, which must be within 24 hours 
of detention. Authorities generally respected this right.
    There is a functioning bail system. However, bail is restricted in 
cases when there is a flight risk. According to the HHC, bail and other 
alternatives to pretrial detention were underused. HHC claimed that the 
lack of a monitoring system and devices is generally the reason for the 
underutilization of alternatives to pretrial detention, such as house 
arrest or geographical ban.
    According to the law, police must inform suspects of their right to 
counsel before questioning them. Representation by defense counsel is 
mandatory when suspects face a charge punishable with imprisonment of 
more than five years; are deaf, blind, or suffering from a mental 
disorder; are unfamiliar with the Hungarian language; are unable to 
defend themselves in person for any other reason; are juveniles; or are 
indigent and request the appointment of a defense counsel. When defense 
counsel is required, suspects have three days to hire an attorney; 
otherwise, the police or the prosecutor will appoint one. If suspects 
make clear their unwillingness to retain counsel, police or the 
prosecutor are required to appoint counsel immediately. However, 
neither police nor the prosecutor are obligated to wait for counsel to 
arrive before interrogating the suspect. According to human rights 
NGOs, police routinely proceeded with interrogation immediately after 
notifying suspects of their right to counsel.
    On November 24, the ombudsman published a report urging the 
National Prison Service Headquarters (BVOP) to eliminate the 1998 BVOP 
order that permits prison wardens to listen to the first 15 seconds of 
the telephone conversation between pretrial detainees and defense 
lawyers with the aim of determining the identity of the person called. 
The ombudsman found that this order violates the 1996 ministerial 
decree that prohibits listening to telephone conversations between 
pretrial detainees and defense lawyers.
    The law permits short-term detainees to notify relatives or others 
of their detention within eight hours unless the notification would 
jeopardize the investigation. The investigative authorities must notify 
relatives of a detainee who is under ``72 hour detention'' of the 
detention and the detainee's location within 24 hours. NGOs reported 
that in practice police did not fully comply with this requirement.

    Arbitrary Arrest.--According to the Prosecutor General's Office, 
during the year, there were 88 official complaints of arbitrary 
detention. The Office of the Prosecutor General rejected 46 complaints, 
closed the investigation without pressing charges in 37 cases, 
initiated indictments in four cases, and closed one case with 
reprimand.

    Pretrial Detention.--The HHC reported its concerns that some court 
decisions ordering pretrial detention were arbitrary even if the 
detentions were correct procedurally. According to the HHC, some court 
decisions ordering pretrial detention often were not adequately 
substantiated with facts, and the arguments put forth by the defense 
were neither taken under consideration nor mentioned in the decisions.
    In December 2010 parliament amended the law permitting the 
detention of asylum seekers during the entire refugee status 
determination process. The HHC continued to criticize the government's 
practice of keeping asylum seekers in immigration detention 
facilitates. On September 20, the European Court of Human Rights (ECHR) 
ruled in an immigration detention case submitted by the HHC that 
Hungary had violated its obligation to avoid arbitrary detention by 
maintaining the detention even after the applicants were admitted to 
the in-merit phase of the asylum procedure. According to the HHC, the 
detention of many asylum seekers still can be regarded as arbitrary 
according to the principles the ECHR laid down in the judgment, since 
the practice does not assess individually the need for prolonged 
detention and detention appears to be ordered automatically (see 
section 1.e., Regional Human Rights Court Decisions).
    Human rights NGOs continued to criticize the 2010 amendment of the 
law on petty offenses permitting the incarceration of juveniles (under 
18) in cases when the juvenile has no income or property and thus 
cannot be fined as a way of punishment. Alternative sanctions, such as 
community service or mediation, also do not apply in such cases. Human 
rights NGOs expressed concern that the law left no alternative to 
incarceration of juveniles convicted of minor offenses. On January 31, 
civil rights ombudsman Mate Szabo published a statement emphasizing 
that the incarceration of juveniles disproportionately and 
unnecessarily limits their right to personal freedom and personal 
security. Szabo urged the government to amend the relevant law to 
prohibit the incarceration of juveniles.
    The law provides that persons held in pretrial detention and later 
acquitted may receive monetary compensation. According to the National 
Prison Service Headquarters, on December 31, 4,875 persons were being 
held in pretrial detention. Of these, 1,039 had been incarcerated for 
six months to a year and 770 had been held for more than a year.
    Research conducted in 2008 by the HHC with data from the police and 
the National Police College indicated that Roma were three times more 
likely to be stopped for identification checks than non-Roma, although 
Roma were no more likely to be involved in unlawful activities than 
non-Roma.

    Amnesty.--President Pal Schmitt issued 17 official pardons during 
the year.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice. The Fundamental Law adopted by 
parliament on April 25 provides for independent and impartial courts 
and a fair public trial within a reasonable period.
    During the year Supreme Court Chief Justice Baka expressed concern 
over the independence of the judiciary in connection with the newly 
adopted nullity law, the law on the mandatory retirement of judges, the 
amendments to the Criminal Procedure Code (see Arrest Procedures and 
Treatment While in Detention), and the law on court administration. 
According to Baka, the nullity law annulled court verdicts in certain 
cases related to the 2006 antigovernment demonstrations. It violated 
judicial independence by denying judges the right to consider cases 
(see section 1.c.). On April 14, Baka, together with five heads of 
courts of appeal and 15 heads of county courts, issued a joint 
statement criticizing the mandatory retirement regime, alleging that it 
could create the possibility for political intervention and reduce 
judicial independence. The mandatory retirement law, adopted on June 20 
and effective in 2012, reduces the age for mandatory retirement of 
ordinary judges and prosecutors by eight years (from 70 to 62), then 
gradually increases it to 65 by 2021. Baka also stated that there were 
no checks and balances on the ``unrestricted, nontransparent and 
incontrollable'' power of the president of the OBH.
    On November 20, Fidesz submitted a bill to parliament on the 
Transitional Provisions of the Fundamental Law, which terminated the 
mandate of the president of the Supreme Court. On December 28, Baka 
countered that his removal was illegal, asserting that he was forced 
out of office because he had openly criticized the government's plan to 
reform the judiciary system.
    On November 28, parliament adopted the new law on the organization 
and administration of courts and another law on statutes and 
remuneration of judges. The new law on court administration abolished 
the National Council of Justice (OIT) and transformed the Supreme Court 
into the Kuria as of December 31. The government declared that the new 
laws meant to separate judicial and managerial functions, which had 
been unified under the president of the Supreme Court, who was at the 
same time president of the OIT. The new concept assigned court 
management to the president of the OBH, while leaving oversight of the 
uniform administration of justice with the president of the Kuria. The 
law stipulated that a two-thirds majority of parliament elects the 
president of OBH from among judges for a nine-year term. The OBH 
president's authority includes budgetary and financial management of 
courts; staffing, appointment, and controlling of court executives; and 
distribution of caseload and the ability to apportion cases to 
different courts. The incumbent president of OBH shall remain in the 
position until parliament elects his or her successor. The new law also 
established the National Council of Judges (OBT), a primarily 
consultative body of 15 judges without any substantive decisive power. 
While the OBT may offer opinions on the decisions of the OBH president 
and forward its own proposals for consideration, the OBH president is 
not bound by the OBT's actions.
    On December13, parliament elected Tunde Hando (the president of the 
Metropolitan Labor Court) as president of OBH and Peter Darak (a judge 
at the Administrative Division of the Supreme Court) as president of 
the Kuria. Some international and domestic critics observed that Hando 
is the wife of Fidesz European Parliament member Jozsef Szajer and a 
close friend of Prime Minister Orban and claimed that her appointment 
constituted a politicization of the judicial system.
    On June 6, parliament amended the constitution to increase the 
number of Constitutional Court justices from 11 to 15, extend the 
tenure of new justices from nine to 12 years, and eliminate the 
possibility of their reelection. The amendment does not affect existing 
justices. On June 14, parliament adopted a separate constitutional 
amendment, under which the president of the Constitutional Court would 
no longer be elected by the majority of court justices but by a two-
thirds majority of parliament. On June 27, parliament elected five new 
Constitutional Court justices (for four new seats and one previous 
vacancy). All the newly elected justices were nominated by the 
governing Fidesz/KDNP coalition.
    On July 13, the Constitutional Court ruled that it had no power to 
review the constitutionality of parliament's passage of the new 
constitution and constitutional amendments. The court also declared 
that democratic checks and balances, as well as constitutional rights, 
could be undermined if lawmakers added unconstitutional legal 
regulations to the constitution in order to circumvent the authority of 
the Constitutional Court. The ruling noted that, although the recent 
practice of individual members of parliament submitting amendments to 
the constitution and cardinal laws met the procedural requirements laid 
down in the constitution, it challenged the requirements of a 
democratic state and the supremacy of the rule of law. The ruling also 
emphasized that the lack of substantive consultations and parliamentary 
debates endangered the legitimacy of the constitution.
    Human rights NGOs continued to criticize the 2010 law giving 
additional rights to judicial secretaries (law school graduates 
employed by the judiciary who have taken the bar examination but have 
not been formally appointed as judges by the president), such as the 
right to make decisions in petty offense cases punishable by 
imprisonment. The NGOs asserted that judicial secretaries were not 
independent because they were appointed by the head of their respective 
county court.

    Trial Procedures.--The constitution and laws provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. The law extends these rights to all defendants. The new 
constitution, effective in 2012, also provides for the right to a fair 
public trial within a reasonable period of time.
    Defendants are presumed innocent until proven guilty. There is no 
jury system; verdicts are rendered by judges. Judicial proceedings 
generally are investigative rather than adversarial. Defendants have 
the right to be present and are entitled to consult with an attorney 
during all phases of criminal proceedings with the exception of the 
``priority cases.'' Representation by defense counsel is mandatory for 
defendants facing a charge for which the punishment is five years or 
more in prison, as well as for those in detention. If a defendant fails 
to retain counsel within three days, police or the prosecutor will 
appoint one at public expense.
    Defendants may challenge or question witnesses and present 
witnesses and evidence on their own behalf. Defendants have access to 
government-held evidence relevant to their cases. Defendants have the 
right of appeal.

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

    Regional Human Rights Court Decisions.--During the year, the 
European Court of Human Rights (ECHR) ruled on 18 cases lodged by 
citizens against the state. The government paid fines imposed by the 
ECHR by the set deadline.
    On November 3, the ECHR ruled in favor of a Hungarian Workers' 
Party member. The party member had complained about his conviction for 
wearing the five-pointed red star, which the Hungarian courts 
considered a totalitarian symbol, at a demonstration in 2004. On 
November 4, Speaker of the House Laszlo Kover stated in a press 
interview that ``a couple of idiots in Strasbourg, lacking any idea of 
what went on in this country for 50 years, think that demonstrating 
with a red star constitutes a fundamental freedom.'' Kover also 
expressed his hope that the law banning the red star would stay in 
effect and authorities would continue to enforce it.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Under the law, persons may 
seek damages for human rights violations. If domestic remedies have 
been exhausted, individuals may submit complaints that Hungary has 
violated the European Convention on Human Rights to the ECHR.

    Property Restitution.--The Constantinople Patriarchy Hungarian 
Exarchy (the Hungarian branch of the Greek Orthodox Church) continued 
to demand the restitution of property that the Russian Orthodox 
community has occupied since the 1950s. When Hungarian courts dismissed 
the exarchy's claim to the property, the church filed a complaint with 
the ECHR. The ECHR case was pending at year's end.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government generally respected these prohibitions in practice.
    On May 12, the government sent out more than eight million 
questionnaires to all Hungarian citizens above the age of 16 with 
questions pertaining to pensions, welfare, and education. Respondents 
were asked to return the questionnaires to the Central Office for 
Administrative and Electronic Public Services (KEKKH) by June 15. On 
June 7, the data protection ombudsman stated that the questionnaires 
violated the right to privacy, as respondents had no opportunity to 
reply anonymously. The ombudsman called on KEKKH to delete the personal 
details (name, address, barcode, signature, and e-mail address) 
supplied by the respondents from the authority's database. According to 
the ombudsman, the responses or even the fact that someone had replied 
to the questionnaire could be classified as a political opinion. On 
August 16, the ombudsman issued a resolution ordering the deletion of 
personal data from the questionnaires and prohibiting the creation of 
illegal database and data management.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The media reflects diverse opinions, and the right to free 
speech and freedom of the press is provided for by law. However, some 
observers believe that concerns over the broad powers of the media 
regulatory authority and a perceived decrease in judicial independence 
could create a climate conducive to self-censorship and political 
influence. The HCLU noted an increasing bias in news reporting by the 
public media.

    Freedom of Speech.--While individuals generally could criticize the 
government in public or private without reprisal, individuals could be 
held liable for their published statements or for publicizing libelous 
statements made by others. Journalists reporting on an event could be 
judged criminally responsible for making or reporting false statements. 
Officials continued to use the libel laws to claim compensation for 
perceived injuries to their character.
    The criminal code includes provisions against incitement of hatred 
and hate-inspired violence. Any person who publicly incites hatred 
against any national, ethnic, or racial group or certain other groups 
of the population is guilty of a misdemeanor punishable by imprisonment 
for up to three years. In addition, any person who verbally assaults 
someone because of his membership in a national, ethnic, racial, or 
religious group is guilty of a felony punishable by imprisonment for up 
to five years. NGOs criticized courts for failing to convict persons 
for inciting hatred unless the crime was accompanied by a physical 
assault.
    Laws enacted in 2010 broadened the range of views whose expression 
was illegal to include public denial, doubt about, or minimizing the 
Holocaust, genocide, and other crimes of the National Socialist and 
Communist regimes. The law provides that such crimes carry a maximum 
sentence of three years in prison. In September 2010 the HCLU filed a 
petition with the Constitutional Court to overturn the law, arguing 
that it imposes serious restrictions on freedom of speech. The case 
remained pending at year's end.
    The law prohibits the public display of certain symbols. They 
include the swastika, the hammer and sickle, and the arrow cross, a 
symbol associated with the country's fascist World War II-era 
government. The law prohibiting the public display of the five-pointed 
red star remained in effect despite a 2008 ECHR ruling that declared it 
to be a violation of the right to freedom of expression. On November 3, 
the ECHR repeated this judgment in a subsequent case (see section 1.e., 
Regional Human Rights Court Decisions).

    Freedom of Press.--On January 1, a series of new media regulations 
adopted by parliament in November and December 2010 entered into force, 
while provisions on print and online media and imposable fines became 
effective on July 1. The new laws concentrated authority over the media 
(including linear media services, on-demand media services, print, and 
online press) in a single state administrative body with wide-ranging 
authorities.
    According to the law, the National Media and Info-communications 
Authority (NMHH), subordinate to parliament, is the central state 
administrative body for media issues. The authority of NMHH includes 
overseeing the operation of broadcast and media markets as well as 
``contributing to the execution of the government's policy in the area 
of frequency management and telecommunications.'' The prime minister 
appoints the NMHH president for a nine-year term with no limit on 
reelection. The NMHH president also serves as chair of the five-member 
Media Council, appointed by parliament to supervise electronic and 
print media content. The four additional council members are elected to 
nine-year terms by a two-thirds majority vote of the members of 
parliament in attendance. The new public service broadcasting system 
merged the supervisory boards of all state-owned public service 
broadcasting entities (including the state news agency, MTI) into the 
newly created Public Foundation for Public Service Media (MTVA) and 
placed their finances and assets under the control of the new Media 
Service Support and Asset Management Fund. The foundation is managed by 
an eight-member Board of Trustees, six of whom are elected for nine-
year terms, while the chair and one other member are delegated by the 
Media Council. The Media Service Support and Asset Management Fund is 
in charge of promoting national audiovisual culture and public service 
programs, under the supervision of the Media Council.

    Censorship or Content Restrictions.--The laws introduced a new 
content regulation regime and standards for journalistic rights, 
ethics, and norms applicable to all media, including news portals and 
online publications. According to the law, all citizens have the right 
to be appropriately informed about local, national, and European public 
affairs, as well as other ``events bearing relevance'' for citizens. 
The law prohibits inciting hatred against persons, nations, 
communities, ethnic, linguistic or other minorities, majority groups, 
churches, or religious groups. The legislation introduced the 
institution of ``source protection'' maintaining the confidentiality of 
information with respect to criminal proceedings. However, the law 
provides exceptions to journalists' right to source protection in cases 
when unauthorized sources reveal classified information if courts or 
government authorities rule that such disclosure is ``in the interest 
of protecting national security and public order, or uncovering or 
preventing criminal acts.''
    Effective July 1, the Media Council has the authority to impose 
fines for violations of content regulation, including media services 
that violate prohibitions on inciting hatred or violating human dignity 
or regulations governing the protection of minors, public health, 
public security, national security and consumers and investors. The 
council may impose fines for violations ranging from 10 to 200 million 
forints ($41,400 to $828,000), depending on the type of publication and 
audience size. It may fine individual editors up to two million forints 
($8,280). The council can also suspend the right to broadcast for up to 
a week and is also empowered to render ``reprimanding judgments'' in 
cases of content that it considers ``unbalanced.'' Decisions of the 
Media Council may be challenged in court by lodging a petition against 
the council, but the complaint shall not delay the Media Council's 
sanction. Through October 20, the Media Council issued 70 resolutions 
imposing fines totaling 410 million forints ($1.7 million) on 36 media 
outlets. Twenty-one media organizations challenged the Media Council's 
decision in court. All the court cases remained pending at year's end.
    On September 5, the Media Council fined the right-wing television 
channel Echo TV 500,000 forints ($2,070) over a February broadcast of 
the program ``World Panorama,'' which contained openly racist 
statements. The presenter spoke of ``Gypsies,'' ``Gypsy terrorism,'' 
and the ``Nazi liberals'' whose goal is to ``inflict parasitic human-
like figures on Hungarians.'' According to the ruling of the Media 
Council, the broadcast violated media regulations on respecting human 
dignity and incitement to hatred.
    On December 3, two state-run television channels (MTV and Duna TV) 
blurred out the face of former Supreme Court president Zoltan Lomnici, 
who was standing in the background during an interview. Lomnici, the 
president of the Council of Human Dignity, called the incident the most 
serious attack on the freedom of press in the previous 20 years. The 
communications director of the MTVA characterized the incident as ``a 
grave ethical offense'' and announced the launch of an investigation to 
find those responsible. On December 8, MTVA management reprimanded two 
news editors and one film editor as result of the investigation and 
both channels apologized for the incident. On December 10, the vice 
president of the Independent Labor Union of Television and Film Makers 
(TFSZ), Balazs Navarro Nagy, began a hunger strike to protest the lack 
of punishment for those responsible for the blurring out Lomnici, later 
joined by four other current or former employees of the state media. On 
December 15, the MTI managing director fired the news center director 
and demoted the deputy editor of the news center, while the managing 
director of MTVA demoted the editor in chief of the news department. 
The five persons on a hunger strike continued their protest as their 
demands were only partially met. On December 27, MTVA fired Navarro 
Nagy and one other hunger-striking journalist, who was also a union 
leader, arguing that they had provoked their employer and violated the 
Media Act and the labor code ban on expressions of political opinion 
during their demonstration. Navarro Nagy called their dismissal 
illegal, since, as union leaders, their dismissal would require the 
consent of their respective unions. On December 28, other unions, civil 
groups, and opposition parties staged a demonstration protesting the 
dismissal of the two union leaders by MTVA. The hunger strike and the 
demonstrations continued until year's end.
    During the year national and international human rights 
organizations continued to criticize the new media laws. Critics 
particularly emphasized the broad scope of regulatory control of a non-
independent administrative body that covers not only broadcasting media 
but also print, on-demand, and Internet media providers. Domestic civil 
society groups held several demonstrations to protest against the new 
media regime in the support of media freedom during the year, including 
a demonstration on March 15 that attracted approximately 30,000 people 
in Budapest.
    On February 25, EU Commissioner for Digital Agenda Neelie Kroes 
declared that the wide range of problematic provisions in the country's 
media legislation result in a narrowing of the space in which the media 
can operate freely and recommended a comprehensive revision of the 
media law package as a whole. On February 25 and 28, the Council of 
Europe's human rights commissioner and the Organization for Security 
and Cooperation in Europe (OSCE) representative on freedom of the media 
issued their opinions highlighting serious shortfalls in the laws, 
including the vague content restrictions for all media outlets, harsh 
sanctions, a mandatory registration system, and a weak regime to 
protect sources. On March 10, the European Parliament adopted a 
resolution on the country's media laws, calling on the government to 
restore the independence of media governance and halt state 
interference with freedom of expression and balanced coverage.
    On March 7, parliament amended some provisions of the media law, 
removing the requirement for on-demand media content providers to give 
``comprehensive, factual, up-to-date, objective, and balanced 
information.'' In addition, television and on-demand audio-visual media 
services provided by foreign media were exempt from content sanctions, 
with the exception of circumvention of law.
    On April 5, the visiting U.N. special rapporteur on freedom of 
expression, Frank La Rue, issued a declaration stating that the media 
legislation still risks generating a climate of self-censorship.
    On July 18, parliament amended the media laws so that penalties 
levied on media companies could be collected the same way as public 
debt by the tax authority.
    In July the NMHH signed co-regulation contracts with the 
Association of the Hungarian Electronic Broadcasters, the Hungarian 
Association of Publishers, the Association of Hungarian Content 
Providers and the Self-regulatory Advertising Council. From July 1, the 
four contracted co-regulatory organizations started monitoring press 
and online media products and on-demand services. Upon the 
authorization of the Media Council, the co-regulatory organizations 
handle complaints, and the procedures set by their own code of conduct 
precede any action by the Media Council. Self-governance can only be 
exercised regarding those who have either voluntarily assumed 
membership in a co-regulatory body or have voluntarily subjected 
themselves to the code of conduct. The co-regulatory bodies must keep a 
register of membership and of the companies that have accepted the code 
of conduct. The Media Council may review the procedures of the self-
regulatory bodies. There was no information available on how many 
complaints were addressed by the self-regulatory bodies during the 
year.
    On July 21, the Media Council announced it would begin accepting 
applications for 10 local radio frequencies, including the Budapest 
95.3 MHz frequency used by Klubradio, a left-leaning talk-radio station 
strongly critical of the government that reached an estimated 300,000 
listeners. In the call for applications, the NMHH announced its new 
preference for radio channels that favor a music format with a focus on 
local events. Eventually, seven applications were submitted for the 
95.3 MHz frequency. On December 20, the Media Council issued its 
decision to award the frequency to Autoradio, a year-old company with 
no previous experience in broadcasting. Klubradio appealed the decision 
to the Budapest Metropolitan Appellate Court. The Media Council cannot 
sign a contract with Autoradio until the court procedure is completed. 
Domestic and international media and civil society groups harshly 
criticized the Media Council decision.
    During the year and in 2010, all opposition parliamentary parties, 
the HCLU, the Association of Hungarian Journalists (MUOSZ), and 
individual citizens petitioned the Constitutional Court for a 
constitutional review of the media laws. On December 19, the court 
issued a ruling striking down elements of the two media laws, including 
provisions on content regulation, protection of journalists' sources, 
the obligation to provide data to the Media Authority, and the 
institution of the Media and Broadcasting Commissioner. The 
Constitutional Court annulled the effect of the 2010 Act on the Freedom 
of the Press and the Fundamental Rules of Media Content (SMTV) related 
to print and the Internet media outlets as of May 31, 2012. The court 
found that the Media Authority's authority to review content relating 
to human rights, human dignity, and privacy from print and online media 
outlets constituted an unconstitutional restriction of freedom of press 
as there are other possibilities in the legal system to enforce these 
rights. The effect of this will be to remove print and online media 
from the jurisdiction of the Media Council. The court voided the 
restriction on journalists' protection of anonymous sources, striking 
down a clause of the SMTV according to which journalists are only 
entitled to protect their sources at court and in official proceedings 
if the information in question is in the public interest. The court 
ruled against the clause of the 2010 Act on Media Services and Mass 
Media (MTTV) granting the Media Council the power to obtain protected 
information (i.e., information protected by lawyer-client 
confidentiality) without court approval. Finally, the court struck down 
the institution of the media and communication commissioner stipulated 
in the MTTV, stating that the powers granted to the official 
constituted significant interference in press activity. The 
Constitutional Court refrained from reviewing the constitutionality of 
other parts of the two laws also challenged by petitioners.
    During the year the NMHH dismissed approximately 900 employees from 
state-owned media outlets as part of a wide-ranging reorganization and 
downsizing. On July 12, the European Federation of Journalists (EFJ) 
and the South and East European Media Organization (SEEMO) issued a 
joint statement expressing their concern over the dismissals in the 
Hungarian public broadcasting sector and claimed that some of the 
layoffs were politically motivated.
    In August 2010 a member of the far-right Jobbik faction in 
parliament, Gyula Gyorgy Zagyva, allegedly harassed and threatened two 
journalists of the weekly paper Hetek during the Magyar Sziget music 
festival in Veroce. According to reports, Zagyva, carrying a whip, told 
the journalists ``you should be glad that you were not beaten up.'' He 
reportedly also said it was a sign of ``Jewish arrogance'' that the 
journalists turned on their tape recorder and that he wanted to ``stamp 
out their guts.'' Zagyva denied the reports. The Central Investigative 
Chief Prosecutor's Office launched an investigation on the basis of 
harassment accompanied by the threat of physical violence. On June 29, 
parliament waived the parliamentary immunity of Zagyva, and the 
prosecutor's office pressed charges against him on September 6. The 
case 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-
mails or Internet chat rooms. Individuals and groups could engage in 
the peaceful expression of views via the Internet, including by e-mail.

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

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

    Freedom of Assembly.--Under the law, demonstrations do not require 
a police permit, but event organizers must inform police of a planned 
assembly in a public place at least three days in advance. The law 
authorizes police to prohibit any gathering if it seriously endangers 
the peaceful operation of representative bodies or courts or if it is 
not possible to ensure alternate routes for traffic. However, police 
are not required to disband a spontaneous, unauthorized assembly that 
remains peaceful. Until November 17, police prohibited 51 
demonstrations, which represented 1 percent of total announced 
demonstrations.
    During the year, the HHC and other human rights organizations 
continued to emphasize the need to modify the law on assembly to 
clarify when police may prevent a public gathering. According to the 
HHC, the law does not permit police to prevent a demonstration based on 
an unverified assumption that the demonstrators are highly likely to 
commit a criminal offense. According to NGOs, the shortcomings of the 
law sometimes resulted in inconsistent police practices.
    On June 24-25, during the official visit of the Chinese prime 
minister, approximately 10 Tibetan activists organized demonstrations 
in Budapest in support of Tibet. According to the HCLU and opposition 
politicians, authorities severely curbed their right of assembly. Media 
reported that police prevented several protesters from holding Tibetan 
flags along the route of the Chinese prime minister's motorcade, 
checked the identity of approximately five pro-Tibet protesters, and 
arrested one demonstrator. Police did not prevent the pro-China 
demonstrators from waiving their flags. On June 25, the Office of 
Immigration and Nationality summoned 79 foreigners legally residing in 
the country, including Tibetan refugees, for a ``routine check'' and 
kept them waiting in the office for approximately five hours. On June 
27, Prime Minister Orban stated in parliament that ``one can 
demonstrate but we expect the demonstrations not to want to destroy 
Hungary's important goals. Hungary needs these ties and these meetings 
must not be disturbed.'' On August 4, civil rights ombudsman Mate Szabo 
stated in a report that police action against the demonstrators 
violated their rights to free expression and human dignity while the 
Office of Immigration and Nationality violated the prohibition against 
discrimination. On July 7, the HCLU filed a complaint with the Budapest 
Investigative Prosecutor's Office for the alleged violation of the 
right of peaceful assembly and the abuse of authority. On September 9, 
the prosecutor's office rejected the complaint based on the lack of 
offense.
    On June 24, the police prevented the pro-Tibet demonstration of 
five Hungarian citizens planned at ELTE University also in connection 
with the visit of the Chinese prime minister. On October 11, two of the 
demonstrators represented by the HCLU filed a complaint with the 
Budapest Investigative Prosecutor's Office for alleged abuse of 
authority. In November the prosecutor's office ordered an investigation 
in the case that remained pending at year's end.

    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, returning refugees, 
asylum seekers, stateless persons, and other persons of concern.

    Protection of Refugees.--Access to Asylum.--The law provides for 
the granting of refugee status or subsidiary protection, and the 
government has established a system for providing protection to 
refugees. Under the law, ``subsidiary protection'' is defined as 
protection provided to foreigners who do not satisfy the criteria of 
recognition as a refugee if there is a risk that, in the event of their 
return to their country of origin, they would be exposed to serious 
harm. The law also provides that the office may authorize persons to 
stay in the country by granting them ``tolerated status'' consistent 
with the country's nonrefoulement obligations under international law. 
While asylum procedures were generally accessible, the HHC reported 
incidents of police failing to identify asylum seekers in border 
procedures in mixed migration flows (especially at the Serbian-
Hungarian border) and of forced return of persons in need of 
international protection without the proper assessment of their 
protection needs or factors of vulnerability. The Office of Immigration 
and Nationality stated that they did not receive any official 
complaints of problems.
    During the first 10 months of the year, the Office of Immigration 
and Nationality received 1,284 applications for refugee status and 
approved 34. The office granted 87 persons subsidiary protection 
status. During the year the Office of Immigration and Nationality 
granted 11 persons tolerated status.

    Safe Country of Origin/Transit.--The law includes definitions for 
the principles of ``safe country of origin'' and ``safe third country'' 
(i.e., safe country of transit) including adequate provisions for 
individual consideration in exceptional cases. In practice, authorities 
decided on a case-by-case basis whether the country of origin may be 
regarded as a safe country of origin for the applicant.
    The HHC reported that the proportion of asylum applications 
rejected in pre-admission interviews significantly increased during the 
year due to the increased application of the safe third country 
principle in the case of Serbia.

    Nonrefoulement.--In law and practice, the government generally 
provided protection against the expulsion or the return of refugees to 
countries where their lives or freedom would be threatened on account 
of their race, religion, nationality, membership in a particular social 
group, or political opinion. The HHC reported that the Office of 
Immigration and Nationality's practices with respect to returning 
asylum seekers to Ukraine contradicted the UNHCR's 2007 recommendations 
regarding Ukraine, which the UNHCR assessed cannot be considered a safe 
country of transit for asylum seekers.
    During the year, the HHC criticized the law adopted in December 
2010 that permits the detention of asylum seekers during the entire 
refugee status determination procedure, including the ``in-merit'' 
procedure, during which the detailed examination of the asylum case 
takes place. The HHC asserted that the restrictions contradicted the EU 
Directive on Return and could not be justified by conditions.
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 OSCE 
election observation mission reported that two-round parliamentary 
elections held in April 2010 were conducted in a manner consistent with 
international standards and commitments for democratic elections. The 
elections brought a Fidesz-KDNP coalition back to power with a two-
thirds majority.

    Participation of Women and Minorities.--The 386-seat parliament 
elected in April 2010 included 34 women, 20 percent fewer than its 
predecessor. There were no women in Prime Minister Orban's eight-member 
cabinet until December 23, when Zsuzsanna Nemeth took the office as the 
new minister of national development. Women were represented at the 
subcabinet level. There was one woman on the Constitutional Court 
elected by parliament on June 6. Due to privacy laws regarding ethnic 
data, no statistics were available on the number of minorities in the 
parliament, cabinet, or Constitutional Court.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and NGOs 
contended that officials often engaged in corrupt practices with 
impunity.
    Corruption in the executive and legislative branches remained a 
problem during the year, and numerous cases of alleged corruption 
received significant public attention. According to the World Bank's 
Worldwide Governance Indicators, government corruption was a problem. 
Corruption within police agencies remained a problem. Penalties for 
police officers found guilty of wrongdoing include reprimand, 
dismissal, and criminal prosecution.
    Members of parliament, the president of the republic, high-level 
government officials, mayors, and local government representatives have 
to prepare and publish their assets declarations on a regular basis, as 
the law requires. In addition, the vast majority of public sector 
employees, including law enforcement and army officials, judges, 
prosecutors, civil servants, and public servants, are obliged to 
prepare assets declarations but are not required to make them 
accessible for the public. NGOs contended that the regulation was not 
adequate because there was no effective method for detecting and 
sanctioning violators.
    Several government offices were responsible for combating 
corruption. The State Audit Office audited the public sector and 
received reports on campaign spending of political parties but did not 
assess the accuracy of these reports. Prosecutors, police, and in 
certain cases the customs and finance guard were responsible for 
investigating corruption. Special agencies, such as the competition 
authority and the supervisory body of financial institutions, were 
responsible for ensuring fair and transparent market conditions. During 
the year, Transparency International Hungary repeatedly emphasized the 
need for more effective coordination between the 10 or more 
institutions involved in anticorruption activities. On June 20, 
parliament passed a ``cardinal law,'' effective July 1, empowering the 
State Audit Office to supervise public funds and manage national 
assets. The new law provided the office with the authority to review 
the finances of private companies if public funds are used, regardless 
of the amount. Any company employee who refuses to cooperate with the 
State Audit Office could be subject to imprisonment for up to three 
years.
    During the year, investigative authorities and courts took actions 
in several alleged corruption cases of former senior government 
officials, and the cases were the subject of intense public interest. 
The government commissioner for accountability and anticorruption, 
Gyula Budai, forwarded 25 cases to investigative authorities during the 
year, most on the basis of crime against property and one case based on 
crime against the purity of public life.
    On March 16, the Budapest Military Prosecutor's Office indicted 18 
senior officials at the Ministry of Defense, including four generals 
and 12 current or former staff officers on bribery charges. Four 
ministry departments, four ministry-owned companies, and 20 outside 
firms are involved in the case. On June 28, the minister of defense 
stated in a press conference that more than two billion forints ($8.3 
million) was allegedly embezzled from the ministry in the 2005-10 
period. The case remained pending at the Kaposvar City Court at year's 
end.
    On September 12, parliament suspended the parliamentary immunity of 
former prime minister Ferenc Gyurcsany upon the request of the 
prosecutor general. On October 3, the Central Investigative Chief 
Prosecutor's Office indicted Gyurcsany on suspicion of abuse of office 
regarding the Sukoro Casino project. Gyurcsany refused to answer 
questions and filed a complaint accusing prosecutors of taking part in 
a ``cynical show trial.'' The case remained pending at year's end.
    The constitution and law provide both citizens and foreigners the 
right to access information held by public bodies, although the public 
bodies controlling such information may restrict access in order to 
protect what they determine to be legitimate public interests, as 
defined by law. Requestors may appeal denials in court within 30 days 
after the denial or initiate the procedure of the data protection and 
freedom of information parliamentary commissioner (ombudsman). Public 
bodies are required to disclose information within 15 days upon 
receiving the request or provide the requestor detailed reasons for any 
denials.
    On July 11, parliament adopted a new law on the reform of the 
ombudsman's system. The law, scheduled to go into effect in 2012, 
abolishes the Office of the Data Protection and Freedom of Information 
Parliamentary Commissioner and transfers its duties to the new National 
Data Protection and Freedom of Information Authority. The prime 
minister nominates the head of the authority, who is appointed by the 
president to a nine-year term. Transparency International Hungary 
criticized the elimination of the Office of the Data Protection 
Ombudsman, claiming that the new authority would not be independent of 
the executive branch and thus would not be able to protect citizens 
from breaches of executive power in the field of freedom of information 
and right to privacy. The data protection ombudsman criticized the 
change, asserting that the termination and reform of the country's data 
protection regulations violate EU law.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--There are parliamentary 
commissioners (ombudsmen) for civil rights, national and ethnic 
minority rights, data protection and freedom of information, and future 
generations. These ombudsmen examined constitutional rights violations 
and initiated individual or general proceedings to prevent further 
violations. Following appointment by the president, a two-thirds 
parliamentary majority confirms the ombudsmen for six-year terms, 
renewable once. The ombudsmen are responsible only to parliament, which 
allocates their financial resources and votes on their annual report. 
The ombudsmen operated without government or party interference and 
published annual reports, recommendations, and statements during the 
year.
    On July 11, parliament passed a law providing for a new, integrated 
ombudsman system. The law, scheduled to take effect in 2012, creates 
the post of a single ombudsman for fundamental rights and two deputies 
for the protection of interests of national minorities and future 
generations, respectively. The president nominates the ombudsman for 
fundamental rights, and the ombudsman has the right to nominate the two 
deputies. Parliament confirms the three officials for six-year terms, 
starting in 2012.
    The new law provides the new ombudsman with enhanced authority, 
including the right to initiate proceedings to defend the basic rights 
of large groups of citizens from violations committed by state-run 
institutions, banks, businesses, and social organizations. In addition, 
the new constitution provides that citizens may submit constitutional 
complaints about laws passed by parliament to the Office of the 
Ombudsman for Fundamental Rights, who may refer the complaints to the 
Constitutional Court. On December 9, Attila Peterfalvi became the head 
of the National Data Protection and Freedom of Information Authority. 
Mate Szabo, who kept his office as the ombudsman for civil rights, 
claimed that consolidation of the four ombudsmen into a single position 
ensures more efficient advocacy of civil rights both at home and at 
international forums.
    Parliament's Committee for Human Rights and Minority, Civil, and 
Religious Affairs has 21 members selected in proportion to the parties' 
seats in parliament. The committee debates and reports on human rights-
related bills and supervises the human rights-related activities of the 
ministers.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    While the constitution and law prohibit discrimination based on 
race, gender, disability, language, or social status, the government 
failed to fully enforce these rights in practice.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal, but human rights observers generally considered the problem 
underreported. Under the law, a sexual assault is considered rape only 
if it involves the use of force or aggravated threats. Penalties for 
rape range from two to eight years in prison and can be as long as 15 
years in aggravated cases. According to the Office of the Prosecutor 
General, in the first six months of the year, prosecutors pressed rape 
charges in 75 cases.
    The law does not specifically prohibit domestic violence or spousal 
abuse. The charge of assault and battery, which carries a maximum 
prison term of eight years, was used primarily to prosecute domestic 
violence cases. Under the law, police called to the scene in domestic 
violence cases may issue an emergency restraining order valid for three 
days in lieu of immediately filing charges, while courts may issue 30-
day restraining orders in civil law cases and a maximum of 60-day 
orders in criminal procedures. According to women's rights NGOs, the 
law does not provide appropriate protection for the victims and does 
not place sufficient emphasis on the accountability of perpetrators. 
NGOs noted that no protocols or systematic training regarding domestic 
violence were available for law enforcement personnel, even for the 
implementation of the police protocol.
    Expert research in the field of domestic violence indicated that 
approximately 20 percent of women have been physically assaulted or 
victimized by domestic violence in their adult life. However, most 
incidents of domestic violence went unreported due to fear on the part 
of victims or prior bad experience with authorities. Prosecution for 
domestic violence was rare. Prosecuting abusers was difficult because 
of societal attitudes that tended to blame the victim. According to 
NGOs, police remained reluctant to arrest abusers due to a lack of 
confidence that the judicial system would effectively resolve abuse 
cases.
    The Ministry of National Resources continued to operate a 24-hour 
hotline for victims of abuse. During the year the ministry reduced the 
number of state-funded shelters for socially disadvantaged persons, 
including victims of domestic violence, from 80 to 40. The ministry 
continued to operate four ``halfway houses'' around the country 
available for 16 families for up to five years. According to women's 
rights NGOs, services for victims of violence against women either 
operated with limited capacity or did not meet international standards 
of good practice.

    Sexual Harassment.--The law establishes the right to a secure 
workplace and makes sexual harassment a criminal offense; however, 
according to NGOs, sexual harassment remained widespread. NGOs 
contended that the law did not clearly define sexual harassment, 
leaving victims with a lack of legal awareness or incentive to file a 
complaint. During the first 10 months of the year, the Hungarian 
National Police Headquarters recorded 3,884 cases of harassment against 
woman.
    In the first 10 months of the year, the Equal Treatment Authority 
(ETA), an independent authority set up by the government to monitor 
enforcement of antidiscrimination laws, received 11 reports of sexual 
harassment. The ETA found legal violations in seven of the cases, and 
in four of those it imposed penalties ranging from 500,000 to one 
million forints ($2,070 to $4,140). Four cases remained pending at 
year's end.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and to have the information and means to do so free from 
discrimination, coercion, and violence. There was relatively easy 
access to contraception and skilled attendance during childbirth, and 
national family planning services focused on providing prenatal and 
postnatal care and counseling.
    NGOs long contended that the lack of legal framework regulating the 
work of independent midwives limited women's access to reproductive 
health care, as the authorities do not recognize independent midwives 
as a professional group and could charge them with a crime for their 
work. On March 2, the government issued a decree allowing women to give 
birth at home with the assistance of a midwife licensed by the State 
Medical Office or obstetrician under certain conditions. According to a 
decree applying to births after May 1, pregnant women aged 18-40 may 
choose where they prefer to deliver their child, so long as neither the 
child's nor the mother's life is in danger and a hospital is accessible 
within 20 minutes' travel.
    Women and men were equally diagnosed and treated for sexually 
transmitted infections.

    Discrimination.--Under the constitution and the law, men and women 
have equal rights. The ETA is responsible for monitoring the 
implementation of the Equal Treatment Law and for coordinating 
governmental activities in the field of gender equality. However, NGOs 
pointed out that the law has no gender-specific provisions and raised 
concerns about the ETA's lack of financial and human resources, which 
decreased even further under the restructuring of government 
ministries.
    During the first 10 months of the year, the ETA received 707 
complaints, issued 249 decisions, and found 15 complaints of illegal 
discrimination in the field of employment to be justified. In the 
``justified'' cases, the ETA ordered employers to stop their illegal 
activities and refrain from further violations. In seven instances, the 
ETA ordered employers to pay penalties ranging from 50,000 to one 
million forints ($207 to $4,140).
    According to the EU Commission's statistics, there was a 15.7 
percent difference between the average gross hourly earnings of male 
and female employees in 2009. During the year, the ETA found employer 
discrimination against women in 15 complaints. There was economic 
discrimination against women in the workplace, particularly against job 
seekers older than 50 and those who were pregnant or had returned from 
maternity leave.

    Children.--Birth Registration.--Citizenship is acquired by birth 
from a parent who is a citizen and birth registrations are administered 
immediately.

    Education.--The law provided for free compulsory education for 
children. On December 19, parliament adopted the law on public 
education that lowered the mandatory school age from 18 to 16.
    On June 7, the National Family and Social Policy Institute 
published a national survey, which found that 70 percent of Roma had 
eight years of education or less while 26 percent earned some kind of 
vocational qualification. Only 5 percent of Romani students completed 
secondary school, and only 1 percent held a college or university 
degree.
    Segregation of Romani schoolchildren remained a problem. NGOs and 
government officials estimated that one-third of Romani children were 
educated in segregated classes and that 20 percent were placed without 
justification in remedial classes for children with mental 
disabilities, effectively segregating them from other students. Schools 
with a majority of Romani students employed simplified teaching 
curricula, were generally less well equipped, and were in significantly 
worse physical condition than those with non-Romani majorities.
    During the year, the Chance for Children Foundation (CFCF) 
initiated one lawsuit against the local government and primary school 
of Gyongyospata. During the year, five other cases initiated by the 
CFCF in previous years remained pending.
    A 2008 European Roma Rights Center report found that Romani 
children were overrepresented in the child protection system. In the 
sample of children in professional care institutions, 40 percent were 
of Romani origin and 18 percent had one Romani parent. In the general 
population, Romani children accounted for approximately 13 percent of 
the child population. Romani children had a higher probability of being 
placed in a children's home rather than in family-like care or a 
community setting.

    Child Abuse.--In the first 10 months of the year, the NPH 
registered 6,763 cases of ``crimes against children.''

    Sexual Exploitation of Children.--Buying sexual services from a 
child younger than 18 is a crime punishable by up to three years in 
prison. The minimum age for consensual sex is 14. According to the law, 
statutory rape is a felony punishable by imprisonment for two to eight 
years, or five to 10 years if the victim is under 12 years of age. The 
law prohibits child pornography, which is punishable by up to eight 
years in prison. Some girls under the age of 18 engaged in 
prostitution.

    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 was estimated to be between 
80,000 and 100,000. While Jewish congregations reported a decline in 
anti-Semitic incidents, anti-Semitic remarks in public discourse became 
harsher than they were in 2010.
    During the first 10 months of the year, there were 145 reported 
instances of vandalism of Jewish and Christian properties, 14 in houses 
of worship, and 139 in cemeteries.
    On January 29, three teenagers confessed to vandalizing 75 
gravestones in the Jewish cemetery in Marcali on January 23 to ``show 
off their strength to one another.'' The 14- to 15-year-old culprits 
caused damage estimated at 1.5 million forints ($6,210). Prime Minister 
Orban condemned the vandalism, calling the act offensive to the Jewish 
community and all Hungarians.
    The weekly radical magazine Magyar Forum and the official weekly 
publication of the far-right Jobbik party, Barikad, continued to 
publish anti-Semitic articles during the year.
    There were numerous far-right Web sites available in the country, 
many of which were openly anti-Semitic and some of which were hosted on 
foreign Internet servers. NGOs reported that the government monitored 
the content of these sites to enforce the prohibition against public 
display of such symbols as the swastika, the hammer and sickle, the 
five-pointed red star, and the arrow cross.
    During the year leaders of the extremist parliamentary party Jobbik 
and other far-right groups continued to make anti-Semitic statements. 
On February 14, Jobbik chairman Gabor Vona wore the vest of the banned 
paramilitary group Magyar Garda in parliament on the opening day of the 
spring parliamentary session. The Hungarian Confederation of the Jewish 
Communities in Hungary (MAZSIHISZ) condemned the incident and suggested 
that Speaker Laszlo Kover amend the parliamentary rules to prevent 
incidents that violate legal regulations or incite hatred against 
individuals or groups on religious or racial grounds. On August 4, the 
leader of the paramilitary group Outlaw Army, Zsolt Tyirityan, gave an 
inflammatory speech at the far-right music festival Magyar Sziget 
during which he spoke about an ``ongoing war between races'' and stated 
that ``one has to become able to pull the trigger of a machine gun, 
maybe, when seeing a different skin color.'' On September 16, the Pest 
County Police Headquarters opened an investigation into the incident, 
which remained pending at year's end.
    During the year the prime minister, cabinet members, and opposition 
politicians routinely criticized extremist movements, condemned anti-
Semitic incidents, and attended events commemorating the Holocaust. The 
government continued its effort to enhance dialogue and expand 
coordination with the domestic and international Jewish communities. 
The state secretary at the Ministry of Public Administration and 
Justice, Andras Levente Gal, held regular consultations with leaders of 
Jewish congregations and NGOs on various issues, including restitution 
for heirless Jewish properties and Holocaust education in public 
schools.
    On October 6, Budapest Mayor Istvan Tarlos appointed Gyorgy Dorner 
director of the Uj Szinhaz theater of Budapest. The mayor also 
appointed playwright and founding member of the far-right MIEP party, 
Istvan Csurka, as theater superintendent. MAZSIHISZ and other local and 
international Jewish organizations and professional groups criticized 
the mayor's decision, citing Dorner's and Csurka's open affiliation 
with far-right groups. On October 22, approximately 2,000 people 
demonstrated outside Uj Szinhaz against the appointments. On December 
14, the mayor requested the theater not to employ Csurka.
    The government continued to support to a seven-day Holocaust 
education seminar for educators held in November. The seminar was the 
second element of a three-year educational program aimed at revising 
Holocaust education in schools.

    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, persons with disabilities 
frequently faced discrimination and prejudice. Government sources 
estimated there were 600,000 persons with disabilities, while 
disability organizations estimated the number to be approximately one 
million.
    NGOs continued to complain about the lack of independent oversight 
over government-run long-term care institutions for persons with mental 
disabilities. According to the Hungarian Association for Persons with 
Intellectual Disabilities, there were 23,000 persons with mental 
disabilities living in long-term care institutions. There were sporadic 
reports that employees of such institutions used inappropriate physical 
restraints on patients. NGOs also noted that there was no legal 
regulation or government strategy for deinstitutionalization of persons 
living in such institutions.
    The international NGO Mental Disability Advocacy Center (MDAC) 
criticized the government for failing in its obligation to protect the 
rights of persons with disabilities who were under the legal 
guardianship of others, particularly in their access to employment, 
education, and health care. According to the center, one of the key 
problems was a lack of alternatives to guardianship for persons with 
disabilities needing support in making certain decisions. According to 
NGOs, almost 67,000 adults were under guardianship.
    Under the constitution, citizens placed under guardianship by a 
court immediately lose their right to vote. The new Fundamental Law, 
which will become effective in 2012, defers to the courts to decide on 
suffrage for persons with limited mental capacity. The MDAC harshly 
criticized the ``mental ability'' provision calling it an 
``unsophisticated disguise for disability-based discrimination,'' as it 
could be applied to people with intellectual disabilities and people 
with psychosocial disabilities. NGOs noted that polling places were 
generally not accessible to persons with disabilities and that election 
materials were not available in easy-to-read format.
    A government decree requires all companies with more than 20 
employees to reserve 5 percent of their work positions for persons with 
physical or mental disabilities and provides fines for noncompliance. 
Employers typically paid the fines rather than employ persons with 
disabilities. In 2010 approximately 8 percent of working-age persons 
with mental disabilities were employed.
    Both the central government and municipalities continued to 
renovate public buildings to make them accessible to persons with 
disabilities. Under the law, buildings operated by the central 
government were to have been made accessible by 2010, while those 
operated by municipalities were given until 2013 to meet the goal. 
There was no data available on the percentage of government buildings 
that were not accessible, but NGOs contended many public buildings 
remained inaccessible. NGOs claimed that the right to public schooling 
was not honored for children with severe and multiple disabilities 
because public elementary schools are not obliged to enroll disabled 
children.
    The lead agency for protecting the rights of persons with 
disabilities is the Ministry of National Resources.

    National/Racial/Ethnic Minorities.--The Romani community remained 
the largest ethnic minority. According to the Central Statistics 
Office, in 2007 the Romani community accounted for 2 percent of the 
population, or approximately 200,000 persons. However, unofficial 
estimates varied widely and suggested the actual figure was much 
higher, ranging between 500,000 and 800,000 persons. Human rights NGOs 
reported that Roma were discriminated against in almost all fields of 
life, particularly in employment, education, housing, penal 
institutions, and access to public places, such as restaurants and 
bars.
    During the year, right-wing extremist groups continued to incite 
violence against Roma and held marches around the country aimed at 
intimidating local Romani communities. Beginning on March 6, far-right 
activists of the For a Better Future Civil Guard Association donned 
uniforms and patrolled the town of Gyongyospata with the aim of 
intimidating the local Roma population. On April 22-24, the 
paramilitary group Vedero (Defense Force) organized a three-day 
training camp near the village's Roma neighborhood. On the morning on 
April 22, some 267 Romani women and children were bussed out of the 
village in a move that some individuals claimed was an ``evacuation,'' 
but which the organizer, Red Cross Hungary, asserted was a prearranged 
camping trip. On April 22, Interior Minister Sandor Pinter visited 
Gyongyospata, ordered increased police presence in the town, and 
instructed the police to expel the extremists. The same day, police 
arrested eight far-right activists and charged them with disorderly 
conduct. On April 25, the court acquitted five defendants. On April 26, 
four of the far-right activists who remained in Gyongyospata provoked a 
fight with the Romani residents. One of the provocateurs suffered 
serious injuries, while the three others and two local Romani residents 
suffered minor injuries. The police opened an investigation in the case 
and pressed charges against two Roma for disorderly conduct committed 
in a group and in an armed manner.
    NGOs accused far-right groups of intentionally provoking ethnic 
tension in Gyongyospata and asserted that the government failed to 
protect the local Roma minority against racist provocation. However, 
the government responded vigorously, adopting legislation in April and 
May to halt the ``uniformed criminal activity'' of far-right groups 
(see section 1.d.).
    On March 25, the trial of four persons charged in connection with 
the 2008-09 serial killings of six Roma, including a father and child 
who were shot fleeing their burning home, began at the Pest County 
Court. Three of the defendants were charged with multiple homicides, 
and the fourth was charged as an accomplice in the killings. The case 
remained pending at year's end.
    According to the HCLU, members of the Romani community were 
regularly sentenced for minor offenses, such as collecting firewood or 
minor traffic violations, that were usually ignored when committed by 
non-Roma. The HCLU asserted that police and municipalities selectively 
applied laws against the Roma to keep them segregated and restrict 
their freedom of movement. The Ministry of Public Administration and 
Justice operated an antidiscrimination legal service network that 
provided free legal aid to Roma in cases where they encountered ethnic 
discrimination. However, human rights NGOs complained that the legal 
offices were located in the larger cities and were inaccessible to Roma 
living in deep poverty in small villages. The HCLU received reports 
that the network's lawyers rejected some Roma cases.
    During the year NGOs complained that courts increasingly used the 
provision of the criminal code on racism to convict Roma, whereas the 
law was designed to protect members of minority groups. On March 3, the 
Pest Central District Court convicted seven young Roma for what the 
court ruled was a racist attack on a non-Romani individual by applying 
the criminal code provision of violence against a member of a 
community. On October 24, the Budapest Metropolitan Court of Appeal 
upheld the charge of racist motivation in one case and reduced the 
charges in the case of six other men to ``armed hooliganism,'' a change 
that significantly mitigated the legal penalties. The appeals court 
emphasized in its ruling that lawmakers criminalized violence against 
member of an ethnic community in order to expand protection of minority 
groups, not the majority group.
    According to the government, approximately 85 percent of working-
age Roma were unemployed, and in many underdeveloped regions of the 
country, the number exceeded 90 percent. On July 11, parliament amended 
the law on public work stipulating that the unemployed who want to 
continue to receive benefits cannot reject public work opportunities 
unless they have small children, need to care for a sick family member, 
or would require more than three hours to commute to and from work. The 
new law, effective September 1, also reduced the period for which 
unemployment benefits are granted from 270 to 90 days and authorized 
local governments to set up their own preconditions for granting social 
subsidies. The new National Public Employment Program, launched on 
September 1 and estimated to cost 60 billion forints ($249 million), 
provided part-time employment opportunities for 250,000 registered 
unemployed persons living on social welfare for two to four months. The 
public works program typically involves cleaning public spaces or work 
on agricultural or water projects. During the year approximately 
302,152 individuals were involved in the various forms of public 
employment programs, including those run by local governments.
    The public education system continued to provide inadequate 
instruction for minorities in their own languages. Romani language 
schoolbooks and qualified teachers were in short supply. According to 
the national survey published by the National Family and Social Policy 
Institute on June 7, Roma were significantly less educated than other 
citizens.
    During the fall school season, four Christian churches opened Roma 
Specialist Colleges in Budapest, Miskolc, Debrecen and Nyiregyhaza 
providing housing and tutoring for Romani students enrolled in higher 
educational institutions. During the year 75 Romani students 
participated in the network of special colleges.
    Inadequate housing continued to be a problem for Roma, whose 
overall living conditions remained significantly worse than those of 
the general population. According to Romani interest groups, 
municipalities used a variety of techniques to prevent Roma from living 
in more desirable urban neighborhoods. In order to apply for EU and 
government funds for urban rehabilitation and public education 
projects, municipal authorities must attach to their proposal a 
desegregation plan outlining planned actions to eradicate segregation 
in housing and public education. According to a 2010 survey by the 
Ministry of National Resources, approximately 100,000 seriously 
disadvantaged persons, mainly Roma, lived in approximately 500 
settlements that lacked basic infrastructure and were often located on 
the outskirts of cities. During the year, the government launched a new 
program worth 3.5 billion forints ($14.5 million) to rehabilitate these 
settlements aimed at improving the living conditions of the residents. 
The government program involved four segregated settlements, 
accommodating approximately 5,000 people.
    During the year the state secretary for social integration at the 
Ministry of Public Administration and Justice, Zoltan Balog, continued 
to play a critical role in advancing Roma affairs within the 
government. The office harmonized the government's inclusion policy as 
well as that governing Roma-related government programs (e.g., 
scholarships, Decade of Roma Inclusion Program). The Ministry of 
National Resources continued to offer financial incentives to encourage 
schools to integrate Romani and non-Romani children in the same 
classrooms and to reintegrate Roma inappropriately placed in remedial 
programs. On September 26, the government established the 27-member 
Roma Coordination Council, chaired by the minister for public 
administration and justice and co-chaired by the head of national Roma 
self-government, Florian Farkas, who was elected on January 20. The new 
council includes representatives of local Roma self-governments, NGOs, 
and churches. Most ministries and county labor affairs centers had 
special officers for Romani affairs focused on the needs of the Romani 
community.
    On November 30, the cabinet approved the National Social Inclusion 
Strategy. The national strategy identifies specific actions the 
government aims to take to reduce the percentage of the population 
living under the poverty line, integrate Roma into the labor market, 
and increase the level of education of Roma. On December 13, the 
cabinet adopted the Governmental Action Plan for the implementation of 
the National Social Inclusion Strategy for 2012-2014. The action plan 
determines specific tasks, identifies responsible members of the 
cabinet, and sets deadlines in the areas of child welfare, education, 
employment, health care, housing, raising awareness, and fighting 
discrimination against Roma.
    On December 19, parliament passed a new law on ``nationalities,'' 
scheduled to enter into force in January 2012. The new law defines the 
cultural autonomy of the nationalities and recognizes as collective 
rights the fostering and enrichment of historic traditions, language, 
culture, educational rights, as well as establishing and operating 
institutions and maintaining international contacts.
    Roma and the other 12 official minorities are entitled to elect 
their own minority self-governments to organize minority activities and 
handle cultural, educational, and linguistic affairs. The president of 
each minority self-government has the right to attend and speak at 
local government assemblies.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law on equal opportunity 
explicitly prohibits discrimination based on sexual preference. The 
provisions of the penal code on ``inciting against a community'' and 
``violence against a member of a community'' prohibit certain forms of 
hate speech and prescribe increased punishment for violence against 
members of the lesbian, gay, bisexual, and transgender (LGBT) 
community, albeit without explicit reference to these groups. Despite 
legal protections, members of the LGBT community continued to be 
subject to physical abuse and attacks by right-wing extremists. The 
annual gay pride march was a frequent target of such attacks, although 
hate crimes were also committed sporadically against LGBT persons. The 
2011 march occurred without incident. Law enforcement and other 
authorities often disregarded the hate element of these crimes, and no 
protocol or training on the subject exists.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or 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 unions of their 
choice without previous authorization or excessive requirements, 
conduct their activities without interference, and bargain 
collectively. With the exception of law enforcement, military 
personnel, prison guards, border guards, and firefighters, workers have 
the right to strike. The law permits military and police unions to seek 
resolution of grievances in court. The law prohibits antiunion 
discrimination and provides for reinstatement of workers fired for 
union activity.
    While employers are not allowed to hire temporary workers during a 
strike, temporary workers hired beforehand are allowed to continue 
working. Workers at companies performing activities fundamental to the 
population--such as public transport, telecommunications, water, power, 
gas, and other energy sector firms--may not strike unless an agreement 
has been reached on minimum services during a strike. The courts 
determine the definition of minimum services. National trade unions 
opposed the law on the basis that the courts lack the expertise to 
decide on necessary minimum services and that the term ``abusing the 
right to strike'' is too vague.
    The labor code requires trade unions to represent 65 percent of the 
workforce (for a single employer) or 50 percent of the workforce (for a 
group of employers) in order to engage in collective bargaining. Labor 
unions of law enforcement professionals are not entitled to rights of 
collective bargaining.
    In practice, freedom of association and the right to collective 
bargaining were generally respected. However, there was anecdotal 
evidence of unilateral termination of collective agreements. Worker 
organizations were independent of government and political party 
interference, but unions reported an enhanced attempt from the 
government to influence their independent operation. Workers freely 
exercised the right to strike and collectively bargain, mainly at the 
company level.
    The International Trade Union Confederation expressed concern that 
judges and prosecutors have the legal authority to interfere with 
internal trade union matters and that, in practice, trade union 
registration practices were long and cumbersome.
    While the law provides for reinstatement of workers fired for union 
activity, court proceedings on unfair dismissal cases sometimes took 
more than a year to complete, and court decisions were not always 
properly enforced. The Democratic Confederation of Free Trade Unions 
(LIGA), National Confederation of Hungarian Trade Unions (MSZOSZ), and 
Co-operation of Trade Unions (SZEF) reported cases of employers 
intimidating trade union members, transferring, relocating, or 
dismissing trade union officers, and hindering union officials from 
entering the workplace.
    On July 4, parliament approved the government's decision to replace 
the National Interest Reconciliation Council (OET) with a National 
Economy and Social Council (NGTT). The OET, a macro-level tripartite 
consultation forum of workers, employers, and government 
representatives, had been responsible for all labor-related matters, 
including any major economic policy issue with implications for the 
distribution of state revenues. In contrast, the 32-member NGTT is an 
advisory body made up of representatives of unions, NGOs, churches, 
domestic and international business chambers, and scientific groups, 
with the government present only as an observer. Trade unions harshly 
criticized the abolition of the OET and asserted that the NGTT was not 
a feasible substitute for the former tripartite consultation mechanism 
as the latter's decisions are not binding on the government.
    On December 13, parliament adopted a new labor code, scheduled to 
enter into force in January 2012.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor. However, authorities and NGOs 
reported an increase in labor trafficking cases involving male citizen 
victims during the year. The country is primarily a country of origin 
and transit for women and girls trafficked for sexual exploitation and 
secondarily a source country for men and women trafficked for labor 
exploitation. Victims of labor exploitation were trafficked 
internationally from Hungary primarily to the United Kingdom, Spain, 
Canada, Norway and the United States. Unemployed and low-skilled 
Hungarian men have become more vulnerable to labor trafficking. This is 
especially true in the United Kingdom and the Netherlands. A group of 
Dutch countertrafficking practitioners reported that labor exploitation 
of Hungarian men is widespread in the northern part of the Netherlands 
in the agricultural sector. There is a good indication that 
exploitation of Hungarian men in Western Europe has intensified. 
According to law enforcement statistics, police initiated 
investigations in two labor trafficking cases 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 prohibits children younger than 16 from working. Children between 
the ages of 16 and 18 may work under certain circumstances as temporary 
workers during school vacations. Children may not work night shifts or 
overtime or perform hard physical labor.
    The government effectively enforced child labor laws. Through 
December the National Labor Safety and Labor Affairs Inspectorate 
(OMMF) reported that one company employed six children under the age of 
15. There was no data available on the amount of the fine imposed on 
the company. Individuals who identify child victims of labor 
exploitation are required to report them to the Guardianship Authority.

    d. Acceptable Conditions of Work.--The national minimum monthly 
wage was 78,500 forints ($325). A special minimum monthly wage for jobs 
requiring the completion of secondary education was 94,000 forints 
($389).
    The law sets the official workday at eight hours, although it may 
vary depending on the industry. A 48-hour rest period is required 
during any seven-day period. The regular workweek is 40 hours with 
premium pay for overtime and two days of rest. The law prohibits 
overtime exceeding 200 hours per year and provides for paid annual 
national holidays. The government set occupational safety and health 
standards. Labor laws also apply to foreign workers with work permits.
    Labor courts, the OMMF and county labor inspectorates monitored and 
attempted to enforce occupational safety standards set by the 
government, but enforcement was not always effective. During the year 
the OMMF employed 428 labor inspectors.
    On February 15, the Constitutional Court struck down an act adopted 
by parliament in December 2010 on the dismissal of government 
employees. The court's ruling, effective May 31, reasoned that, because 
the act gave the government the disproportionately broad right to 
dismiss civil servants without providing an explanation, it violated a 
number of worker rights. Prior to the ruling, the government dismissed 
more than 3,200 civil servants (approximately 5 percent of the total 
number) without justification. On May 23, parliament amended the act to 
stipulate that civil servants could no longer be dismissed without 
explanation. However, the new law, effective June 1, provides a number 
of permissible grounds for dismissal, including if the position becomes 
redundant because of reorganization, if the employee is over the 
retirement age, or if the activity involved in the position is no 
longer necessary. Dismissal may be mandatory if the employee becomes 
unworthy of holding the position or does not properly fulfill tasks or 
if the employer loses trust in the employee. The new law also provides 
for the creation of a government officials arbitration committee to 
adjudicate appeals of dismissals, scheduled to commence in 2012.
    On May 6, the Constitutional Court upheld its earlier decision that 
the retroactive 98 percent ``special tax'' imposed on severance 
packages worth more than 3.5 million forints ($14,500) awarded from 
2005-09 was unconstitutional because it violated human dignity, and as 
a result the tax authority had to provide refunds. The court stated 
that the provision's effect in 2010 and subsequent years did not 
violate basic rights because taxes on these later payments were not yet 
due. On May 9, parliament passed a law imposing the 98 percent special 
tax on any part of a severance package exceeding two million forints 
($8,280) and disbursed since January 2010 to state leaders, members of 
parliament, notaries, senior officials of state-run companies, and 
supervisory board members, and on any part of a severance package for 
other government employees that exceeded 3.5 million forints (14,500). 
Unions challenged the new law in the Constitutional Court but the court 
did not issue any new rulings in the matter prior to year's end. During 
the year the tax authority collected 3.7 billion forints ($15.3 
million) in special taxes from citizens.
    During the first nine months of the year, 12,122 accidents occurred 
in places of work, mostly in the mechanical industry. The OMMF 
registered 59 workplace fatalities most of which occurred in 
construction work.

                               __________

                                ICELAND

                           EXECUTIVE SUMMARY
    Iceland is a constitutional parliamentary republic. The president 
is the head of state; a prime minister, usually the head of the 
majority party, is head of government. There is a unicameral parliament 
(Althingi). In 2008 voters reelected Olafur Ragnar Grimsson as 
president without opposition. After free and fair parliamentary 
elections in 2009, the Social Democratic Alliance (SDA) and the Left-
Green Movement formed a governing coalition led by Prime Minister 
Johanna Sigurdardottir (SDA). Security forces reported to civilian 
authorities.
    Domestic violence and abuse of women and trafficking of persons--
primarily women for prostitution--to and through the country were the 
most serious problems reported during the year.
    Other human rights problems included instances of authorities 
holding incarcerated juveniles and adults and pretrial detainees and 
convicted prisoners in the same cell, the absence of a legal status for 
transgender persons, and anecdotal evidence of societal discrimination 
against foreigners and persons who were not ethnic Icelanders.
    There were no reports of officials committing abuses 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.

    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 and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards. The government 
permitted visits by independent human rights observers. There were no 
deaths in the prisons or pretrial detention centers.
    During the year the daily average number of prisoners was 138, and 
the daily average number of pretrial detainees was 15. The prison 
facilities could hold 161 prisoners. The government maintained a 
separate minimum-security prison for female inmates; however, because 
so few women were incarcerated (eight on average), some men also were 
held there. Men held in facilities with women were closely monitored 
and only interacted with women in the common areas; they did not share 
cellblocks. Juvenile offenders were normally held in nonprison 
facilities run and supervised by the Government Agency for Child 
Protection. In four instances, however, children were held in detention 
with adults, since there was no separate facility for juveniles in the 
prison system. Pretrial detainees were held together with convicted 
prisoners except in those instances when it was deemed necessary to 
place them in solitary confinement.
    Prisoners had access to potable water. Parliament passed 
legislation in September offering alternatives to prison sentences for 
nonviolent offenders. These included electronic monitoring for 
individuals with suspended sentences and expanded use of community 
service.
    When overcrowding in the main prison at Litla-Hraun or in 
Reykjavik's main pretrial detention facility occurred, pretrial 
detainees were held in local police station jails. There was a waiting 
list of approximately 350 persons convicted of crimes but unable to 
serve their sentences during the year due to a lack of prison space.
    The Prison and Probation Administration (PPA) decides whether 
convicted prisoners who have received a prison sentence of less than 
six months serve their sentences in community service rather than in 
jail. The PPA also maintains records to ensure that prisoners do not 
serve beyond the maximum sentence for the charged offense.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance.
    The parliament's ombudsman can, on his own initiative, take up a 
prison problem, and he did so on several occasions in the past. 
Authorities permitted prisoners and detainees to submit complaints to 
judicial authorities and the parliament's ombudsman without censorship 
and to request investigation of credible allegations of inhumane 
conditions if they so chose. There were no allegations of inhumane 
conditions during the year. The government investigated and monitored 
prison and detention center conditions.
    The government permitted independent monitoring of prison 
conditions by local and international human rights groups, the media, 
and the International Committee of the Red Cross, but no such 
monitoring occurred during the year. The government permitted visits by 
independent human rights observers during the year. In previous years 
prisoners could, and did, request visits from Prisoners' Friends, a 
group of volunteers from the Icelandic Red Cross. The volunteers spoke 
with prisoners and provided them with second-hand clothes upon request. 
This program was, however, virtually inactive during the year.

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

    Role of the Police and Security Apparatus.--The national police 
maintain internal security. In addition the Icelandic Coast Guard (ICG) 
carries out general law enforcement duties at sea. The police forces 
and the ICG both fall under the purview of the Ministry of the 
Interior.

    Arrest Procedures and Treatment While in Detention.--Police may 
make arrests under a number of circumstances: when they believe a 
prosecutable offense has been committed, when they see a need to 
prevent further offenses or destruction of evidence, when they need to 
protect a suspect, or when a person refuses to obey police orders to 
move. The law explicitly requires warrants only for arresting 
individuals who fail to appear at court for a hearing or a trial or at 
a prison to serve a sentence.
    Persons placed under arrest must be promptly informed of the 
charges against them, and they are entitled to legal counsel upon 
arrival at the police station, which the government provides for the 
indigent. Authorities must inform persons under arrest of their rights 
and bring them before a judge within 24 hours of arrest. The judge 
determines whether a suspect must remain in custody during the 
investigation; the judge may grant conditional release, subject to 
assurances that the accused will appear for trial. There was no 
functioning bail system.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Trials are generally public but may be closed by judges at the 
defendant's request or when minors are involved. Defendants are 
presumed innocent, and courts generally tried cases without delay. 
Courts do not use juries, but multijudge panels are common. Defendants 
have access to legal counsel of their own choosing. The government 
covers attorneys' fees of defendants unable to pay, but defendants who 
are found guilty are required to reimburse the government. Defendants 
have the right to be present at their trial, to confront witnesses, to 
present witnesses and evidence on their behalf, and to participate in 
the proceedings. They and their attorneys have access to government-
held evidence relevant to their cases. At the discretion of the courts, 
prosecutors may introduce evidence that police obtained illegally. 
Defendants have the right to appeal, and the Supreme Court handles 
appeals expeditiously. These rights extend to all defendants without 
prejudice.

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

    Civil Judicial Procedures and Remedies.--Individuals may seek 
damages for, or cessation of, a human rights violation, and they could 
appeal decisions to the European Court of Human Rights. A single court 
system handles both criminal and civil matters. The judiciary was 
considered independent and impartial in civil matters. Administrative 
remedies are available as well for alleged wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibits such actions, and 
the government generally respected these prohibitions in practice.
    Immigration law allows authorities to conduct house searches 
without a prior court order when there is a significant risk that delay 
would jeopardize an investigation of immigration fraud. Immigration law 
also allows authorities to request DNA tests without court supervision 
in cases where they suspect immigration fraud. There were no reports 
that DNA testing took place during the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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 
press.
    The law establishes fines and imprisonment for up to three months 
for persons convicted of publicly deriding or belittling the religious 
doctrines of an active religious organization registered in the 
country. The law also establishes fines and imprisonment for up to two 
years for anyone who publicly ridicules, slanders, insults, threatens, 
or in any other manner publicly assaults a person or a group on the 
basis of nationality, skin color, race, religion, or sexual 
orientation. There were no reports that the law was invoked during 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 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 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 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 had no fixed refugee acceptance requirements. 
In November the chairman of the refugee commission at the Ministry of 
Welfare publicly criticized the government for not receiving enough 
refugees. The country received six refugees in 2010, but none in 2009 
and 2011. The processing of asylum requests at times took a year or 
longer.
    The minister of justice and human rights appoints the head of the 
Directorate of Immigration, which is also the adjudicating body of 
first instance for asylum cases. Some observers asserted that this 
hierarchy could constitute a conflict of interest because asylum 
seekers must appeal denials to the Ministry of the Interior. If 
rejected at that level, however, they can appeal to the courts.
    Human rights advocates criticized the law for not specifying which 
``significant human rights reasons'' must underpin granting temporary 
residence and eligibility for work permits while asylum cases are 
processed, arguing that the situation created the possible appearance 
of arbitrary decisions. Observers noted that the law was ambiguous 
about the criteria for granting and denying asylum. This ambiguity, 
combined with the small number of approved asylum applications, left 
unclear what considerations were applied in adjudicating the 
applications of asylum seekers. The law allows for accelerated refusal 
of applications deemed to be ``manifestly unfounded.''

    Safe Country of Origin/Transit.--The country adheres to the EU's 
Dublin II regulation, which allows for the return of refugees and 
asylum seekers to the first country they entered that is also party to 
the regulation.

    Access to Basic Services.--Human rights advocates criticized the 
law for not allowing the registration of asylum seekers into the public 
health care system until six months after their asylum case requests 
were closed. At the same time, those refugees whom the government 
decided to receive annually based on a UNHCR assessment of overall 
resettlement needs (quota refugees) enjoyed access to the system 
immediately upon entering Iceland.

    Nonrefoulement.--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.

    Temporary Protection.--The law permits the government to provide 
temporary protection to individuals who may not qualify as refugees. 
The government has never made use of this authorization.
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.--In 2009 
the country held parliamentary elections that were considered free and 
fair. In 2008 the incumbent president was reelected unopposed.

    Participation of Women and Minorities.--There were 25 women in the 
63-seat parliament. The speaker was a woman as well as five of the six 
vice speakers. There were four women in the 10-member cabinet, 
including the prime minister. Two of the 12 Supreme Court judges, 
including the president of the court, and 17 of 48 district court 
judges were women. No members of minority groups held seats in either 
parliament or the cabinet.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
no reports of government corruption during the year.
    In April the Supreme Court upheld a district court ruling 
sentencing Baldur Gudlaugsson, a former permanent secretary of the 
Ministry of Finance, to two years in prison for insider trading. The 
court found Gudlaugsson guilty of selling his shares in the bank 
Landsbanki in September 2008, immediately before the bank's fall, based 
on insider knowledge. The court also seized the 192-million-kronur 
($1.67 million) profit from the share sale.
    Most public officials were not subject to financial disclosure 
laws. Members of parliament are expected, but not required, to report 
their financial interests to the parliament's presidium for public 
disclosure. Every member of parliament registered his or her financial 
interests.
    The law provides for public access to government information, and 
the government provided access in practice for citizens and 
noncitizens, including foreign media. On occasion the government denied 
legal requests for information based on reasons of confidentiality. The 
government provided the legal reasons for denials. Appeals against 
refusals by government authorities to grant access to materials may be 
referred to an information committee consisting of three persons 
appointed by the prime minister. Permanent employees of government 
ministries may not be members of the committee.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--The independent parliament's 
ombudsman elected by parliament monitored and reported to national and 
local authorities on human rights developments to ensure that all 
residents, both citizens and noncitizens, received equal protection. 
Individuals can lodge complaints with the ombudsman about the 
decisions, procedures, and conduct of public officials and government 
agencies. The ombudsman may demand official reports, documents, and 
records; may summon officials to give testimony; and has access to 
official premises. Government agencies generally responded to the 
ombudsman's requests for information and documents within a reasonable 
time. While the ombudsman's recommendations are not binding on 
authorities, they generally were adopted.
    Parliament's General Committee is responsible for legislative 
oversight of human rights in the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, and social status. Various laws implement 
these prohibitions, and the government effectively enforced them.

    Women.--Rape and Domestic Violence.--Rape carries a maximum penalty 
of 16 years in prison. Judges typically imposed sentences of one to 
three years. Spousal rape is not explicitly addressed in the law. In 
previous years the Icelandic Counseling and Information Center for 
Survivors of Sexual Violence noted that the number of reported rapes 
consistently rose faster than the number of convictions. According to 
national police statistics, there were 98 reported rapes in 2010, the 
latest data available. During that year prosecutors brought 24 cases to 
trial and obtained a conviction in 13. In 2009 convictions were 
obtained in eight of the 14 cases that went to trial. Activists 
continued to complain that the burden of proof in rape cases was too 
heavy and discouraged victims from reporting acts of rape and 
authorities from prosecuting them. The government did not respond 
formally to these concerns.
    The law prohibits domestic violence; however, violence against 
women continued to be a problem. The penalties can range from a fine to 
16 years in prison, depending on the type of violence committed. In 
addition the law permits judges to increase the sentences of persons 
who commit violence against persons with whom they had a domestic 
relationship or other close bond. However, there were no domestic 
violence cases in which judges actually handed down stronger sentences, 
and one respected activist expressed concern that sentences were too 
mild and too few.
    Law enforcement agencies reported 203 cases of domestic quarrelling 
and 295 cases of domestic violence to the state prosecutor's office in 
2010, the latest data available. Some observers suggested that many 
incidents of domestic violence went unreported. In January a study 
conducted in 2008 for the Ministry of Welfare found that 22 percent of 
women between the ages of 18 and 80 had suffered violence in a close 
relationship at some point after the age of 16.

    Female Genital Mutilation (FGM).--The law criminalizes FGM. The 
general penal code stipulates that violations are punishable by 
imprisonment up to 16 years depending on the impact on the individual's 
health and the type of violence committed.

    Sexual Harassment.--Two laws prohibit sexual harassment. The 
general penal code prohibits sexual harassment and stipulates that 
violations are punishable by imprisonment up to two years. The law on 
equal status defines sexual harassment more broadly as any type of 
unfair or offensive sexual behavior--physical, verbal, or symbolic--
that is unwanted and affects the self-respect of the victim, and is 
continued despite a clear indication that the behavior is undesired. 
The law requires employers and organization supervisors to make 
specific arrangements to prevent employees, students, and clients from 
becoming victims of gender-based or sexual harassment. Victims of 
harassment can report incidents to the Complaints Committee on Equal 
Status. Only employers with 25 or more employees are required to 
provide their employees with information on the legal prohibitions 
against sexual harassment in workplaces.
    Some local human rights monitors attributed the underreporting of 
domestic violence and sex crimes to the infrequency of convictions and 
to traditionally light sentences. In the few cases of domestic violence 
that went to court, the courts often continued to base sentences on 
precedent and rarely made full use of the more stringent sentencing 
authority available under the law. According to statistics from the 
Icelandic Counseling and Information Center for Survivors of Sexual 
Violence, in 2010, the latest year for which data was available, 11.4 
percent of its clients pressed charges.
    In response to concerns regarding the effectiveness of restraining 
orders, in June parliament amended the law to grant victims of domestic 
violence the right to have police physically remove perpetrators from 
the home for up to four weeks at a time. Police can also impose a 72-
hour restraining order to prevent the abusers from coming into 
proximity with the victim, and courts can extend this restraining order 
for up to a year. Victims of sex crimes are entitled to lawyers to 
advise them of their rights and to help them pursue charges against the 
alleged assailants; however, a large majority of victims historically 
have declined to press charges or chosen to forgo trial, in part to 
avoid publicity.
    During the year, 107 women sought temporary lodging at the 
country's shelter for women, mainly because of domestic violence. The 
shelter offered counseling to 191 clients. During the year up to 
December 19, 116 women sought assistance at the rape crisis center of 
the National University Hospital of Iceland.
    The government helped finance the Icelandic Counseling and 
Information Center for Survivors of Sexual Violence, the rape crisis 
center of the national hospital, and other organizations that assisted 
victims of domestic or gender-based violence. In addition to partially 
funding such services, the government provided help to immigrant women 
in abusive relationships, offering emergency accommodation, counseling, 
and information on legal rights.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and to have the information and means to do so free from 
discrimination, coercion, and violence. There were no restrictions on 
the access to contraceptives and maternal health services, including 
skilled attendance during childbirth. Women had easy access to prenatal 
care, essential obstetric care, and postpartum care. Women also used 
nurses and midwives for prenatal and postnatal care unless the mother 
or child suffered more serious health complications. Women were 
diagnosed and treated for sexually transmitted infections equally with 
men.

    Discrimination.--Women enjoy the same legal rights as men, 
including under the family and property laws and in the judicial 
system. However, despite laws that require equal pay for equal work, a 
pay gap existed between men and women. According to a salary survey 
conducted by the VR, the country's largest commercial and office 
workers' union, and published in September, women working full time 
earned 87 percent of the base pay of men who also work full time. The 
law states that employers and unions should work towards gender 
equality in the labor market, especially in managerial positions, and 
that employers should work towards declassifying jobs as primarily 
female- or male-oriented. According to the Center for Gender Equality 
(CGE), the government took steps to attract men to female-oriented jobs 
and vice versa, with only limited success. The CGE reported that many 
more men than women are in managerial positions.
    The government funded a center for promoting gender equality to 
administer the Act on Equal Status and Equal Rights of Women and Men. 
The center also provided counseling and education on gender equality to 
national and municipal authorities, institutions, companies, 
individuals, and nongovernmental organizations. The minister of welfare 
appoints members of the Complaints Committee on Equal Status, which 
adjudicates alleged violations of the act. The minister also appoints 
members of the Equal Status Council, drawn from national women's 
organizations, the University of Iceland, and labor and professional 
groups. The council makes recommendations for equalizing the status of 
men and women in the workplace.
    As of September 30, the Complaints Committee on Equal Status had 
decided four cases. In one case the committee found that the prime 
minister, who is a woman, breached the law on equal status when 
appointing a male director for the Office of Administration and 
Community Development at the Prime Minister's Office. In another case, 
the committee found that a forestry company breached the law on equal 
status when it terminated a female employee.

    Children.--Birth Registration.--A child acquires the country's 
citizenship at birth if both parents are Icelandic citizens, if the 
mother is an Icelandic citizen, or if the father is an Icelandic 
citizen and is married to the child's foreign mother. Registration of 
birth is prompt. If a mixed-nationality couple had obtained a judicial 
separation at the time when the child was conceived, however, the child 
acquires the mother's citizenship. If the child is stateless, he or she 
can become an Icelandic citizen at the age of three. In both cases the 
child's access to social services depends on whether he or she has a 
residence permit in Iceland.

    Child Abuse.--In 2010, the latest year for which data was 
available, local child protection committees, whose work is coordinated 
by the Agency for Child Protection, received 1,995 reports of abuse, 
including 1,068 reports of emotional abuse, 525 of physical abuse, and 
430 of sexual abuse. The agency operated three treatment centers and a 
diagnostic facility for abused and troubled minors. It also coordinated 
the work of 28 committees throughout the country that were responsible 
for managing child protection problems in their local areas. The local 
committees hired professionals with expertise in social work and child 
protection.
    The government maintained a children's assessment center to 
accelerate prosecution of child sexual abuse cases and lessen the 
trauma experienced by the child. In 2010 the center conducted 55 
investigative interviews and 168 exploratory interviews, provided 
assessments and therapy for 108 children, and performed 17 medical 
examinations.
    The children's ombudsman, who is appointed by the prime minister 
but acts independently of the government, has a mandate to protect 
children's rights, interests, and welfare. When investigating 
complaints, which typically involved physical and psychological abuse 
and inadequate accommodation for children with illnesses or 
disabilities, the ombudsman had access to all public and private 
institutions that housed or otherwise cared for children. The ombudsman 
was not empowered to intervene in individual cases but could 
investigate them for indications of a general trend. The ombudsman 
could also initiate cases at her discretion. While the ombudsman's 
recommendations are not binding on authorities, generally they were 
adopted.

    Sexual Exploitation of Children.--The law criminalizes statutory 
rape with incarceration for up to 12 years. The minimum age for 
consensual sex is 14. The law prohibits child pornography, which is 
punishable by up to two years in prison.

    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 community is estimated to be fewer than 
100 individuals; there is no synagogue or Jewish cultural center.
    In September the media reported that Bjork Vilhelmsdottir, the 
chairperson of the Reykjavik City Welfare Committee, posted the phrase 
``Jewnited States'' on her personal Facebook site to protest U.S. 
intentions to veto Palestinian statehood in the U.N. Security Council. 
The chairperson later asserted in a media interview that she had not 
been aware of the negative connotations of the phrase. There were no 
reports of any other anti-Semitic acts during the year.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical, sensory, intellectual, and mental 
disabilities in employment, education, access to health care, and the 
provision of other state services. There were no reports of official 
discrimination in these areas. The law provides that persons with 
disabilities receive preference for government jobs when they are at 
least as qualified as other applicants. However, disability rights 
advocates asserted that the law was not fully implemented and that 
persons with disabilities constituted a majority of the country's poor.
    The government ensured that persons with disabilities have access 
to buildings, information, and communications. Building regulations 
require that public accommodations and government buildings, including 
elevators, be accessible to persons in wheelchairs; that public 
property managers reserve 1 percent of parking spaces (a minimum of one 
space) for persons with disabilities; and that sidewalks outside the 
main entrance of such buildings be kept clear of ice and snow to the 
extent possible. Violations of these regulations are punishable by a 
fine or a jail sentence of up to two years; however, the main 
association for persons with disabilities complained that authorities 
rarely, if ever, assessed penalties for noncompliance.
    The Ministry of Welfare was the lead government body responsible 
for protecting the rights of persons with disabilities. It coordinated 
the work of six regional offices that provided services and support to 
persons with disabilities. It also maintained a diagnostic and advisory 
center in Reykjavik that aimed to create conditions allowing persons 
with disabilities to lead normal lives.

    National/Racial/Ethnic Minorities.--Immigrants, mainly from Eastern 
Europe and the Baltic countries, suffered occasional incidents of 
harassment based on their ethnicity.
    Anecdotal evidence suggested that some Icelandic landlords were 
reluctant or unwilling to rent out residential facilities to persons 
other than ethnic Icelanders. Anecdotal evidence also suggested that 
some employers may without reason limit their hiring to native 
Icelandic-speaking individuals.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The rules of the Icelandic 
blood donation agency, the Blood Bank, do not allow gay men to donate 
blood. In February a gay man filed an administrative complaint with the 
Ministry of Welfare against the Blood Bank for this rule after he had 
not been allowed to donate blood. In September the ministry ruled that 
the Blood Bank was correct in following its rules on the grounds that 
the interests of blood recipients are greater than those of blood 
donors.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, including government employees, to form and 
join independent unions of their choice without previous authorization 
or excessive requirements. The law allows workers, including foreign 
workers, to bargain collectively. The law allows unions to conduct 
their activities without interference and prohibits employer 
interference in union functions. It also prohibits antiunion 
discrimination but is silent on whether workers fired for antiunion 
activity should be reinstated. It does, however, permit fining 
employers that engage in this practice.
    In practice the government protected these rights, and workers 
exercised them. Labor unions were independent of the government and 
political parties. Nearly 100 percent of the workforce was covered by 
collective bargaining agreements. Workers had the right to strike and 
exercised this right in practice. The government has imposed mandatory 
mediation when strikes have threatened key sectors in the economy, such 
as in the fishing industry.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children. However, there were 
also reports of persons subjected to labor trafficking in the country 
in the construction, manufacturing, and restaurant industries. Also see 
the Department of State's Trafficking in Persons Report at 
www.state.gov/g/tip.

    c. Prohibition of Child Labor and Minimum Age for Employment.--The 
constitution and law prohibit the employment of persons younger than 16 
in factories, on ships, or in other places that are hazardous or 
require hard labor; this prohibition was observed in practice. Children 
who are 14 or 15 years of age may work part-time or during school 
vacations in light, nonhazardous jobs. Their work hours must not exceed 
the ordinary work hours of adults in the same positions. The 
Administration of Occupational Safety and Health (AOSH) enforced child 
labor regulations effectively.

    d. Acceptable Conditions of Work.--The law does not establish a 
minimum wage. The minimum wages negotiated in various collective 
bargaining agreements applied automatically to all employees in those 
occupations, including foreign workers, regardless of union membership. 
While the agreements can be either industry-wide, sector-wide, or in 
some cases firm-specific, the negotiated wage levels are defined by the 
kind of position.
    The standard legal workweek is 40 hours, including nearly three 
hours of paid breaks a week. Paid annual holidays include 13 whole days 
and two half days. Work exceeding eight hours per day must be 
compensated as overtime. Overtime pay does not vary significantly 
across unions, but unions determine the terms of overtime pay when 
negotiating a bargaining agreement with the employer's association. 
Workers are entitled to 11 hours of rest in each 24-hour period and one 
day off each week. Under special defined circumstances, employers may 
reduce the 11-hour rest period to no less than eight hours, but they 
must then compensate workers with one-and-a-half hours of rest for 
every hour of reduction. They may also postpone a worker's day off, but 
the worker must receive the corresponding rest time within 14 days. 
Foreign workers are entitled to the same protections in terms of 
working time and rest periods as citizens. The AOSH enforced these 
regulations. There were indications that undocumented foreign workers--
primarily men in the construction and restaurant industries--were 
underpaid and required to work long hours while living in substandard 
housing or even sleeping at building sites. Most sources stressed that 
the men willingly worked illegally to earn more than they might have 
expected in their Eastern European or Baltic home countries.
    The law sets health and safety standards, and the Ministry of 
Welfare administered and enforced them through the AOSH, which 
conducted both proactive and reactive inspections. The AOSH employed 
approximately 25 labor inspectors, and it effectively enforced 
standards in all sectors. The AOSH can, and did, levy daily fines on 
companies that do not follow instructions urging them to improve work 
conditions. During the year labor inspectors in hazardous sectors 
assumed greater responsibilities in promoting accident prevention. Also 
in 2011 the AOSH emphasized the enforcement of a regulation applying to 
children and teenagers working in the fish-processing industry. The 
ministry can close workplaces that fail to meet safety and health 
standards. Workers have a collective, but not individual, right to 
refuse to work at a job that does not meet occupational safety and 
health criteria. Violations of OSH standards occurred in all sectors; 
however, in 2011, they occurred most frequently in the fish-processing 
industry. Young workers and employees who do not understand or speak 
Icelandic and do not know Icelandic rules and regulations are more 
likely to be subject to hazardous or exploitative working conditions. 
Foreign employees and unskilled laborers are more likely to be victims 
of workplace accidents. In 2010, the latest year for which data was 
available, the AOSH reported three workplace fatalities and 1,174 
accidents. Violations of wage and overtime standards were most common 
in the restaurant and hospitality sector.

                               __________

                                IRELAND

                           EXECUTIVE SUMMARY
    Ireland is a multiparty parliamentary democracy with an executive 
branch headed by a prime minister, a bicameral parliament (Oireachtas), 
and a directly elected president. The country held free and fair 
parliamentary and presidential elections in February. Security forces 
reported to civilian authorities.
    The principal human rights problems were related to conditions in 
older prisons and detention facilities, some of which failed to meet 
basic needs for hygiene and sanitation. In addition, some prisons were 
overcrowded.
    Other human rights problems reported were: trafficking in persons; 
discrimination against racial minorities, immigrants, and an indigenous 
nomadic group called Travellers; domestic violence; and the 
mistreatment of children.
    The government took steps to prosecute officials who committed 
human rights abuses, including in the security services and 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.
    On April 3, Police Service of Northern Ireland Constable Ronan 
Kerr, a Catholic, was killed by a booby-trap bomb placed under his car 
at his home in Omagh, Northern Ireland. Following a three-month, cross-
border search, police arrested five alleged members of a dissident 
republican splinter group for the crime. Press reports suggested that 
these groups, which rejected the peace agreement in Northern Ireland 
and sought the full reunification of the island, actively targeted 
Catholic members of security forces to hinder ``normalization'' in 
Northern Ireland. At year's end the trial was still pending.

    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.
    In 2010, Garda Siochana Ombudsman (GSOC) received 2,258 complaints 
from the public, of which 722 were inadmissible. The complaints 
contained 4,931 allegations of misconduct by police, of which 1,087 
were deemed inadmissible. The reasons for inadmissibility varied from 
complaints being outside the six-month time limit to infractions being 
deemed by GSOC to be frivolous or of such minor concern that the 
issuance of a warrant to investigate was not unnecessary. The largest 
number of allegations against police related to abuse of authority, 
followed by neglect of duty. Approximately 15 percent of the 
allegations were for nonfatal offenses against a potential detainee. 
The overall number of complaints and allegations against police 
officers decreased approximately 15-25 percent from 2009.
    On October 2, the Council of Europe's Committee for the Prevention 
of Torture (CPT) published a report of its February 2010 visit to the 
country's police detention centers, prisons, and mental institutions. 
Most of the detainees that the committee interviewed in detention 
centers indicated they had been treated correctly, but a number stated 
that officers had verbally or physically mistreated them. The alleged 
physical abuse consisted mostly of kicks, punches, and blows with 
batons to various parts of the body. It took place mainly at the time 
of arrest or during transport to a Garda station. In interviews with 
convicted prisoners, the CPT reported allegations that officials 
engaged in physical mistreatment consisting mostly of punches and kicks 
to the body. Guards also reportedly verbally abused, including with 
racist comments, members of the Traveller community and foreigners. 
This was particularly a problem at Cork Prison, where such treatment 
seemed to be particularly prevalent during removal of the prisoners to 
the segregation unit, a separate area where HIV-positive prisoners and 
serious drug and criminal gang members were held.

    Prison and Detention Center Conditions.--While many prisons met 
international standards, some of the country's older prisons failed to 
meet prisoners' basic hygiene and sanitation needs. On October 2, the 
CPT reported that some prisoners in Portlaoise Prison had no sanitary 
facilities in their cells and were forced to use chamber pots in a 
process known as ``slopping out'' and that the ventilation in Cork and 
Mountjoy prisons was inadequate. Prison overcrowding was a problem. The 
2010 Irish Prison Service cited a number of cases of prisons exceeding 
their bed capacity.
    The government permitted visits by independent human rights 
observers.
    Human rights groups continued to criticize understaffing and 
working conditions at the Central Mental Health Hospital in Dundrum, 
the country's only secure hospital for prisoners with mental 
disabilities.
    During 2010 a total of 13,758 people, including 1,701 women and 234 
juveniles, were in some form of detention. The prison population 
averaged 4,500 inmates a day. At times authorities held detainees 
awaiting trial in the same facilities as convicts. Although the country 
maintained separate facilities for children and young adults, in 
certain specific circumstances, including the need for higher security, 
authorities held a small number of 17 year olds together with young 
adults. There were no reported instances of detainees awaiting trial 
being held together with convicts.
    Prisoners had access to visitors, were permitted religious 
observance, and could submit complaints to judicial authorities without 
censorship. Authorities investigated credible allegations of inhumane 
conditions.
    The government permitted monitoring by independent, nongovernmental 
authorities.
    Prisoners had access to potable water. There is a prison ombudsman. 
In recent years the country has taken advantage of early release 
programs to deal with prison overcrowding. Women prisoners experienced 
the same conditions as men. The government took limited steps to 
improve prisons, including early parole programs to lessen prison 
overcrowding.

    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 Garda is the 
national police force and maintains internal security. It is under the 
control of the Ministry of Interior. Ireland's Defense Forces are 
responsible, under the supervision of the Ministry of Defense, for 
external security, but also have some domestic security 
responsibilities. The Defense Forces are authorized to act when 
necessary in support of the Garda.
    Civilian authorities maintained effective control over the Garda 
and the army. The government has effective mechanisms to investigate 
and punish abuse and corruption. While there were no reports of 
impunity involving the security forces during the year, there were 
isolated problems of minor abusive behavior, which the government 
investigated and punished.

    Arrest Procedures and Treatment While in Detention.--An arrest 
typically requires a warrant issued by a judge, except in situations 
necessitating immediate action for the protection of the public. The 
law provides the right to a prompt judicial determination of the 
legality of the detention, and this right generally was respected in 
practice. Authorities must inform detainees promptly of the charges 
against them and, with few exceptions, cannot hold them longer than 24 
hours without charge. For crimes involving firearms, explosives, or 
membership in an unlawful organization, a judge may extend detention 
for an additional 24 hours upon a police superintendent's request. The 
law permits detention without charge for up to seven days in cases 
involving suspicion of drug trafficking, although police must obtain a 
judge's approval to hold such a suspect longer than 48 hours.
    Upon their arrest, the law permits detainees and prisoners prompt 
and unrestricted access to attorneys. If the detainee does not have an 
attorney, the court will appoint one. The law allows detainees prompt 
access to family members.
    The law requires that authorities bring a detainee before a 
district court judge ``as soon as possible'' to determine bail status 
pending a hearing. Bail is used; a court may refuse bail to a person 
charged with a crime that carries a penalty of five years' imprisonment 
or more or when continued detention is deemed necessary, to prevent the 
commission of another serious offense.
    There were no amnesties during the year.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    The law provides ``for special criminal courts,'' where juries are 
not used, when the director of public prosecutions certifies a case to 
be beyond the capabilities of an ordinary court. A panel of three 
judges, usually including one high court judge, one circuit judge, and 
one district judge, hears such cases. They reach their verdicts by 
majority vote. Apart from trial-by-jury, defendants in the special 
courts enjoy all of the due process protections available to other 
defendants. Their trials are public.

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

    Civil Judicial Procedures and Remedies.--The independent and 
impartial judicial system hears civil cases and appeals on civil 
matters, including damage claims resulting from human rights 
violations. Such claims may be brought before all appropriate courts, 
including the Supreme Court. Individuals could appeal decisions to the 
European Court of Human 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 law provides 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 act jointly to ensure freedom 
of speech and of the press.

    Freedom of Speech.--The constitution prohibits blasphemy. The 
nongovernmental organization (NGO) Reporters without Borders criticized 
a new law that entered into effect in January 2010 ``updating'' this 
long-held constitutional provision. The law defines blasphemy as 
publishing or uttering ``matter that is grossly abusive or insulting in 
relation to matters held sacred by any religion, thereby causing 
outrage among a substantial number of the adherents of that religion.'' 
The law permits defendants to argue ``genuine literary, artistic, 
political, scientific, or academic value'' as a defense. There has been 
only one prosecution for blasphemy since 1855.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views without restriction. The law proscribes words 
or behaviors that are likely to generate hatred against persons in the 
country or elsewhere because of their race, nationality, religion, 
national origins, or sexual orientation. The law empowers the 
government to prohibit the state-owned radio and television network 
from broadcasting any material ``likely to promote or incite to crime 
or which would tend to undermine the authority of the state.'' 
Authorities did not invoke these prohibitions during the year..

    Censorship or Content Restrictions.--The Censorship of Publications 
Board has the authority to censor books and magazines it finds indecent 
or obscene. The board did not exercise this authority during the year. 
The Irish Film Classification Office (IFCO) must classify films and 
videos before they can be shown or sold; it must cut or prohibit any 
film that is ``indecent, obscene, or blasphemous'' or which tends to 
``inculcate principles contrary to public morality or subversive of 
public morality.'' During the year the IFCO did not prohibit any films 
or videos.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or 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 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/
index.htm.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and laws provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the government generally respected these rights in 
practice.
    The government cooperated with the Office of the 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 country's active asylum system provides process to 
refugees; those who receive a negative result can appeal the decision.

    Safe Country of Origin/Transit.--The country employs the Dublin 
Regulation that returns asylum applicants to a ``safe country of 
origin.'' Provisions were made in exceptional cases.

    Durable Solutions.--The government operated a resettlement program 
that accommodates up to 200 persons per year on referral from the UNHCR 
or identified through selection missions to existing UNHCR refugee 
operations.

    Temporary Protection.--The government provided temporary protection 
to individuals who may not qualify as refugees and did so for 
approximately 100 persons during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections and universal suffrage.

    Elections and Political Participation.--Recent Elections.--
Observers reported that the parliamentary and presidential elections 
were free and fair. Political parties could operate without restriction 
or outside interference.

    Participation of Women and Minorities.--There were 25 women in the 
166-seat parliament (Dail Eireann) and 18 in the 60-seat senate (Seanad 
Eireann). The outgoing president of the republic was a woman, as were 
two of the 15 government ministers. There were two female candidates 
for the presidency. The chief justice of the Supreme Court, the 
director of public prosecutions, and the attorney general were women. 
There were no minorities in the lower house, the senate, or the 
cabinet.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
isolated reports of government corruption during the year.
    Public officials were subject to financial disclosure laws. The 
Revenue Commission in the Department of Finance is responsible for 
identifying and combating government corruption.
    The law provides for public access to government information and 
requires government agencies to publish information on their activities 
and make such information available to citizens, noncitizens, and 
foreign media upon request. Authorities generally granted public 
information requests and did not charge prohibitive fees. There were 
mechanisms for appealing denials.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views. The government met with 
major local human rights NGOs and was responsive to them.

    Government Human Rights Bodies.--The Irish Human Rights Commission 
(IHRC) was established to promote and protect those rights of all 
persons living or present in Ireland. One of the IHRC's functions is to 
recommend to the government how human rights standards should be 
reflected in legislation, policy, and practice as well as carrying out 
inquiries surrounding human rights concerns. The country also has an 
ombudsman to regulate press matters.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, and the government 
generally enforced these provisions. Discrimination against racial and 
ethnic minorities, including immigrants and Travellers, remained a 
problem.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, and the government enforced it. During the year 
there were 458 rapes among the 1,937 sexual offenses reported to the 
authorities. The police and judicial authorities showed no reluctance 
to investigate and prosecute rape or sexual assaults, and most persons 
convicted received prison sentences of between five and 12 years. 
According to the most recent report by the director of public 
prosecutions, there were 131 prosecutions for sexual offenses in 2010, 
resulting in 60 convictions.
    The law criminalizes domestic violence, but such violence continued 
to be a problem. The law authorizes prosecution of a violent family 
member and provides victims with safety orders that prohibit a person 
from engaging in violent actions or threats and orders that bar an 
offender from entering the family home for up to three years. Victims 
may apply for interim protection while courts process their cases. 
Violations of these orders are punishable by a fine of up to 1,900 
euros ($2,470).

    Sexual Harassment.--The law obliges employers to prevent sexual 
harassment and prohibits dismissing an employee for making a complaint 
of sexual harassment. The Employment Equality Act 1998 obliges all 
employers to prevent sexual harassment at work. Sexual harassment is 
considered as such when committed by a fellow worker, boss, client, 
customer or any other business contact. Under the act, an employer may 
also be held responsible if sexual harassment takes place outside the 
place of employment but the victim is treated differently at work 
because of rejection or acceptance of the harassment. The country's 
Equality Authority is responsible for the preventing sexual harassment 
and is generally viewed as effective. However, the Equality Authority 
reported a 60 percent increase in allegations of suspected 
discrimination in 2010.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and to have the information and means to do so, free from 
discrimination, coercion, and violence. Women had access to 
contraception and skilled attendance during childbirth. According to 
information compiled by international organizations, the maternal 
mortality rate in 2009 was approximately three deaths per 100,000 live 
births. The neonatal mortality rate was approximately four deaths per 
1,000 live births. Women were not subject to coercive family planning. 
Men and women were diagnosed and treated equally for sexually 
transmitted infections. There were no legal barriers that prevented 
women from taking advantage of these services.

    Discrimination.--Women have the same legal rights as men, including 
rights under family law, property law, and in the judicial system. 
However, inequalities in pay and promotions persisted in both the 
public and private sectors. The law obliges employers to prevent sexual 
harassment and prohibits dismissing an employee for making a complaint 
of sexual harassment. The Equality Authority investigates claims of 
unfair dismissal and may require an employer to reinstate the employee 
or pay the employee up to 104 weeks' pay. Authorities effectively 
enforced the law in the cases of reported sexual harassment.

    Children.--Birth Registration.--A person born after 2004 on the 
island of Ireland, including Northern Ireland, is automatically an 
Irish citizen if at least one parent is an Irish citizen, a British 
citizen, a resident of either the Republic of Ireland or Northern 
Ireland entitled to reside in either without time limit, or a legal 
resident of the Republic of Ireland or Northern Ireland for three out 
of the four years preceding the child's birth (excluding time spent as 
a student or an asylum seeker). Births are registered immediately. 
Failure to register birth, and the corresponding lack of proof of 
citizenship, could lead to the denial of public services.

    Child Abuse.--The law proscribes any person from engaging or 
attempting to engage in a sexual act with a child under age 15; the 
maximum sentence is life imprisonment. The law also criminalizes 
engaging or attempting to engage in a sexual act with a child under 17. 
The maximum sentence in these cases is five years' imprisonment, but a 
maximum sentence of 10 years can be given if the accused is a person in 
authority, such as a parent or teacher.
    On July 13, the Ministry of Justice's Commission of Investigation 
into the Roman Catholic Diocese of Cloyne published its report on the 
handling by church and state authorities of allegations against clerics 
of child sexual abuse from 1996 to 2009. The commission investigated 40 
reports of clerical sexual abuse of minors in the Diocese of Cloyne 
involving 32 priests and found that the response of diocese authorities 
was gravely inadequate and did not adhere to the basic protections in 
place for minors articulated by the Irish bishops in the 1997 Framework 
Document or Irish civil and criminal law. The report criticized the 
Diocese of Cloyne for not reporting immediately credible allegations of 
clerical sexual abuse to civil authorities or in some cases not 
reporting them at all. It also criticized the Health Services 
Executive, which maintained that there was no need for further 
investigation even after credible evidence of the sexual abuse of 
minors came to its attention.

    Sexual Exploitation of Children.--A maximum penalty of life 
imprisonment may be imposed for child trafficking and taking a child 
for sexual exploitation. A person convicted of meeting a child for the 
purpose of sexual exploitation faces a maximum penalty of 14 years' 
imprisonment, and the law provides that a person convicted of allowing 
a child to be used for child pornography may be sentenced with a fine 
of up to 31,000 euros ($40,300), up to 14 years' imprisonment, or both. 
The maximum penalty is 1,900 euros ($2,470), a year's imprisonment, or 
both, for producing, distributing, printing, or publishing child 
pornography.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--According to the 2006 census, the Jewish community 
numbered 1,930 persons. There were few reported acts of anti-Semitism 
during the year.
    The Ireland Palestine Solidarity Campaign posted comments on the 
Israeli Embassy's Facebook page in November that called the Israeli 
government ``fascist'' and ``genocidal.'' Subsequently, the campaign 
disrupted the Israeli Embassy-sponsored Israeli Film Days festival 
scheduled at the end of November by smashing windows and threatening 
the organizers. Responding to this, the deputy prime minister (who is 
also foreign minister) condemned acts of intimidation and offered to 
hold the festival in government buildings. He also attended and spoke 
at the opening of the festival. During the film festival, there were 
reports of protesters shouting anti-Israel and anti-Semitic comments; 
police officers removed approximately 50 protesters from the event.
    In December, Ireland became a member of the International Task 
Force on Holocaust Education, Remembrance, and Research.

    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 government effectively enforced 
these provisions. The government effectively implemented laws and 
programs to ensure that persons with disabilities have access to 
buildings, information, and communications. The National Disability 
Authority has responsibility for setting and implementing disability 
standards, as well as directing disability policy.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination based on language or social status, and the government 
enforced the law. In spite of this, societal discrimination and 
violence against immigrants, and racial and ethnic minorities continued 
to be a problem.
    There were racially motivated incidents involving physical 
violence, intimidation, graffiti, and verbal slurs, particularly 
against the country's African population. In one recent case, Darren 
Scully, the mayor of Naas, County Kildare, said during a radio 
interview that he would no longer meet with constituents of African 
origin. Scully was widely condemned for his statement and later 
apologized for his comments and resigned from his seat. NGOs reported 
problems with landlords refusing to rent property to persons who were 
not born in Ireland. NGOs reported that immigrants, particularly those 
of African descent, suffered unemployment disproportionately during the 
economic downturn.
    According to the 2006 census, 22,369 persons identified themselves 
as members of an indigenous nomadic group called Travellers, with a 
distinct history and culture. Despite applicable antidiscrimination 
laws and longstanding government policies to redress imbalances, 
Travellers faced societal discrimination and occasionally were denied 
access to education, employment, premises, facilities, and basic 
services. However, Travellers also received substantial funding from 
the government, particularly for education and housing.
    The law obliges local officials to develop accommodations for 
Travellers and to solicit Traveller input into the process. Traveller 
NGOs asserted that many communities provided Travellers with housing 
that was inconsistent with the nomadic Traveller lifestyle, or provided 
transient caravan-camping sites that did not include basic amenities 
such as sanitary facilities, electricity, and water.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--A large number of cities and 
towns celebrated lesbian, gay, bisexual, and transgender pride events 
with parades and festivals. The government endorsed these activities 
and provided sufficient protection.

    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.--
The law provides workers with the right to form and join independent 
unions, conduct legal strikes, and bargain collectively, and these 
rights were respected in practice. The law prohibits anti-union 
discrimination and provides for reinstatement for workers fired for 
union activity. Police and military personnel may form associations, 
but technically not unions, to represent them in matters of pay, 
working conditions, and general welfare.
    The law allows unions to conduct their activities without 
government interference, and this right was exercised in practice. The 
law provides for the right to strike, except for police and military 
personnel, and workers exercised this right in both the public and 
private sectors. Labor unions have the right to pursue collective 
bargaining and in most instances did so freely; however, the law did 
not require employers to engage in collective bargaining, and they did 
not encourage it. There were no reports of antiunion discrimination.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including that of children, although there 
were reports that such practices occurred. NGOs alleged that men and 
women were subjected to forced labor within the country in 
construction, commercial fishing, as domestic servants in private 
homes, and in agriculture. Women and girls were subjected to sex 
trafficking; there were reports of children subjected to forced begging 
and forced labor in restaurants and domestic service. There were 
reports of children subjected to commercial sexual exploitation, forced 
begging, and forced labor in restaurants and domestic service.
    To combat and increase awareness of labor trafficking, the 
government cooperated with the International Labor Organization in its 
antitrafficking initiative and formed a labor-exploitation working 
group with participants representing trade unions and employer 
organizations.
    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 under age 16 in full-time jobs. 
However, employers may hire children ages 14 or 15 for light work on 
school holidays as part of an approved work experience or educational 
program. Employers may hire children over age 15 on a part-time basis 
during the school year. The law establishes rest intervals and maximum 
working hours, prohibits the employment of 18-year-olds for late night 
work, and requires employers to keep detailed records of workers under 
age 18. The Office of the Labor Inspectorate at the Department of 
Enterprise, Trade, and Employment is responsible for enforcement and 
was generally effective.
    The government implemented laws and policies to protect children 
from exploitation in the workplace, and these laws were effectively 
enforced.

    d. Acceptable Conditions of Work.--The national minimum hourly wage 
was 8.65 euros ($11.20). Approximately 6 percent of the population is 
below the poverty level for a family in Ireland; the official poverty 
rate was 10,831 euros ($14,080) a year. During the year reports 
persisted that the pay of foreign migrant workers was at times below 
the minimum wage, particularly in the rural agricultural and 
construction sectors. Laws establishing and regulating wage levels do 
not explicitly cover foreign migrant workers. The standard workweek is 
39 hours. The law limits industrial sector to nine hours per day and 48 
hours per week. The law limits overtime work to two hours per day, 12 
hours per week, and 240 hours per year. The government effectively 
enforced these standards. Although there is no statutory entitlement, 
premium pay for overtime could be arranged between employer and 
employee.
    The gray or informal market for labor is small. While largely 
undocumented and not reported, the agriculture and services sectors 
have historically had the most informal labor representation. However, 
recent reports indicated that the underground economy, which 
encompassed everything from narcotics to cash-only employment, may be 
growing as the country deals with a prolonged economic slump.
    The government operated an agency independent of the Department of 
Enterprise, Trade, and Employment that monitored employment practices. 
The agency was active and effective. The National Employment Rights 
Authority has a staff of 112, including 57 labor inspectors and nine 
inspector-team managers.
    The Department of Enterprise, Trade, and Employment is responsible 
for enforcing occupational safety laws, and these laws provided 
adequate and comprehensive protection. There were no complaints from 
either labor or management during the year regarding shortcomings in 
enforcement. Regulations provide workers with the right to remove 
themselves from dangerous work situations that present a ``serious, 
imminent, and unavoidable risk'' without jeopardy to their continued 
employment, and authorities effectively enforced this right.

                               __________

                                 ITALY

                           EXECUTIVE SUMMARY
    Italy is a multiparty parliamentary democracy with a bicameral 
parliament consisting of the Chamber of Deputies and the Senate. The 
constitution vests executive authority in the Council of Ministers, 
headed by the prime minister, who is the president of the council. The 
president, who is the head of state, nominates the prime minister after 
consulting with the leaders of all political forces in the parliament. 
International observers considered the 2008 national parliamentary 
elections free and fair. Security forces reported to civilian 
authorities.
    Principal human rights problems included the continued 
incarceration of pretrial detainees with convicted criminals; 
substandard living conditions in overcrowded prisons and detention 
centers for undocumented migrants; and societal prejudice and some 
municipal mistreatment of Roma, which exacerbated their social 
exclusion and restricted their access to education, health care, 
employment, and other social services.
    Other human rights problems included an inefficient judicial system 
that did not always provide speedy access to justice, government 
corruption, harassment and violence against women, sexual exploitation 
of children, and anti-Semitic vandalism. Trafficking for sexual and 
labor exploitation occurred, but the government prosecuted traffickers 
and assisted victims. A few cases of violence against gay men and 
lesbians and labor discrimination based on sexual orientation were also 
reported.
    The government prosecuted and punished officials who committed 
crimes and 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; however, 
during the year security forces were involved in several controversial 
killings.
    On April 7, detainee Carlo Saturno was found hanged in a Bari 
prison cell. Saturno had been charged with assault after clashing with 
prison guards. The public hospital physicians who examined him 
expressed doubts over the cause of death, and authorities opened an 
investigation.
    On July 14, a judge ordered an extension of the investigation into 
the death of Moroccan immigrant Aziz Amiri, who police shot and killed 
as they attempted to arrest him in Bergamo in February 2010. Press 
reports stated that Amiri attempted to evade police during a routine 
traffic stop and was shot after he drove into an official vehicle.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices. However, there were 
reports that police occasionally used excessive force against 
individuals, particularly immigrants detained in connection with common 
criminal offenses or in the course of identity checks. There were also 
reports of abuse and poor care of inmates with psychological 
disabilities in prisons and mental health facilities (see section 6, 
Persons with Disabilities).
    On March 4, a woman accused three Carabinieri (national 
gendarmerie) and local police officers of raping her on February 23 
while she was in police custody in Rome. Prosecutors opened an 
investigation.
    On November 22, the Court of Cassation cleared Gianni De Gennaro, 
former head of the National Police during protest demonstrations at the 
G-8 Summit in 2001, of charges of having induced police officers to 
give false testimony regarding police behavior toward the protesters. 
In June 2010 the appeals court of Genoa had sentenced De Gennaro to 16 
months' imprisonment.

    Prison and Detention Center Conditions.--Some prisons were 
significantly overcrowded and antiquated. According to the Ministry of 
Justice, at year's end there were 66,897 inmates being held in 206 
prisons designed to hold 45,700. Female prisoners (2,808 as of 
December) were held in separate prison sections. Uneven distribution of 
prisoners exacerbated overcrowding in certain institutions. In 
addition, as of June 30, a total of 479 minors were detained. All 
detainees had access to potable water. Older facilities lacked outdoor 
or exercise space, and some prisons lacked adequate medical care.
    On January 3, the nongovernmental organization (NGO) Antigone 
submitted a complaint to prosecutors regarding the case of a minor, 
Carmelo Castro, who was found dead while under detention in the Catania 
prison in 2009. According to prison guards, Castro committed suicide, 
but the family and Antigone believed the guards submitted an 
inconsistent report on his death.
    On July 14, a trial of five prison officers suspected of having 
beaten a Tunisian prisoner, Ismail Ltaief, began in Velletri. The 
detainee had reported to prison authorities that the guards were 
stealing foodstuffs from prison storage.
    The law does not require the separation of pretrial detainees from 
convicted prisoners. At year's end approximately 59 percent of inmates 
were convicted criminals serving sentences, while the other 41 percent 
were primarily detainees awaiting trial.
    On December 16, the government approved a prison decree aimed at 
easing the overcrowded prison system. According to the new legislation, 
pretrial detainees can now be held in special ``police cells'' for up 
to 48 hours in order to avoid being temporarily held in prisons 
together with convicted criminals. In addition detainees convicted for 
minor offenses are allowed to serve sentences of less than 18 months 
(or the remaining 18 months of a longer sentence) at home under house 
arrest.
    Prisoners had access to visitors and attorneys and were allowed to 
submit complaints to judicial authorities, who generally investigate 
credible allegations. The government and NGOs regularly monitor the 
prison system.
    From January to July the Ministry of Justice registered 24 cases of 
beatings, three reports of sexual violence, and 31 cases of personal 
injuries committed in prison. There was no evidence that women were 
disproportionally impacted by violence in prisons.
    According to an independent research center, 186 prisoners died in 
custody during the year, 66 of them by suicide. There were allegations 
that a small number of these deaths were the result of prison official 
abuse or negligence.
    On June 11, Antigone reported that detainees protested in the 
Viterbo prison and other detention centers and staged hunger strikes to 
protest overcrowding and inhuman living conditions.
    On July 28, the president of the parliamentary Committee on Public 
Health Care, Ignazio Marino, said he found inadequate living conditions 
and lack of necessary patient treatment in several judicial psychiatric 
hospitals. The committee ordered the upgrading and partial closure of 
two facilities in Tuscany and Sicily.
    The government permitted visits to prisons and detention facilities 
by independent human rights organizations, parliamentarians, and the 
media. Seventeen municipalities, six provinces, eight regions, and 
Antigone had permanent independent ombudsmen to promote the rights of 
detainees and facilitate access to health care and other services. The 
government assigned magistrates to every prison in the country to 
protect prisoner rights, implement measures to prevent organized crime 
infiltration into prisons, and examine alternatives to incarceration. 
The magistrates also made decisions on parole and eligibility for work 
release.
    The Committee for the Prevention of Torture (CPT) of the Council of 
Europe (COE) periodically visited prisons and detention facilities, 
most recently in June 2010. The government also provided 
representatives of the Office of the U.N. High Commissioner for 
Refugees (UNHCR) access to detention centers for undocumented migrants 
in accordance with the UNHCR's standard modalities.

    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 ministries of 
interior and defense maintained effective control over the Carabinieri, 
national police, financial police, and municipal police forces. The 
army is responsible for external security but also has specific 
domestic security responsibilities. The government has mechanisms to 
investigate and punish abuse, and although there were no reports of 
impunity involving security forces during the year, long delays by 
prosecutors and authorities in completing some investigations reduced 
the effectiveness of mechanisms to investigate and punish police 
abuses. Police were effective at enforcing laws, conducting 
investigations, and seizing assets of criminal organizations relative 
to the amount of resources dedicated to such activities.

    Arrest Procedures and Treatment While in Detention.--To detain an 
individual, police require a warrant issued by a public prosecutor 
unless a criminal act is in progress or there is a specific and 
immediate danger to which they must respond. When authorities detain a 
person without a warrant, an examining magistrate must decide within 24 
hours of the detention whether there is enough evidence to proceed with 
an arrest. The investigating judge then has 48 hours to confirm the 
arrest and recommend whether to prosecute. In terrorism cases 
authorities may hold suspects up to 48 hours before bringing the case 
to a magistrate.
    Authorities generally respected the right to a prompt judicial 
determination. Although the law entitles detainees to prompt and 
regular access to lawyers of their choosing, authorities did not always 
respect that right in practice. In a 2010 report the CPT found that in 
some cases police effectively denied detained persons the right to an 
attorney, which can be invoked only at the time of arrest, by engaging 
detainees in ``informal chats'' before formally arresting them.
    The law permits family members' access to detainees. The state 
provides a lawyer to indigent persons. In exceptional circumstances, 
usually in cases of organized crime or in which there is danger that 
attorneys may attempt to tamper with evidence, the investigating judge 
may take up to five days to interrogate the accused before access to an 
attorney is permitted. Some NGOs and international organizations 
asserted that the terrorism law is deficient in due process and in some 
cases resulted in the deportation or return of alien suspects to 
countries where they had reason to fear persecution. The law allows for 
increased surveillance and enhanced police powers to gather evidence in 
terrorism cases, for example, collecting DNA for purposes of 
identifying detained migrants (see section 2.d.).
    Lengthy pretrial detention and trial delays were a significant 
concern. During the first half of the year, 43 percent of all prisoners 
were either in pretrial detention or awaiting a final sentence. The 
maximum term of pretrial detention is from two to six years depending 
on the severity of the crime. According to independent analysts and 
magistrates, delays resulted from the large number of trials, the lack 
of nonjudicial remedies, and insufficient and inadequate distribution 
of offices and resources, including shortages of judges and staff.
    There were instances of judges allegedly colluding with organized 
crime. On November 30, Milan prosecutors requested the arrest of 
Vincenzo Giglio, former president of the Reggio Calabria court of 
preventive measures, for corruption and aiding and abetting an 
organized crime family.
    There is no provision for bail; however, judges may grant 
provisional liberty to detainees awaiting trial. As a safeguard against 
unjustified detention, detainees may request that a panel of judges 
(liberty tribunal) review their cases on a regular basis and determine 
whether continued detention is warranted.
    Authorities may impose preventive detention as a last resort if 
there is evidence of a serious felony or if the crime is associated 
with organized crime or terrorism. Except in the most extraordinary 
situations, the law prohibits preventive detention for pregnant women, 
single parents of children under age three, persons more than 70 years 
of age, and the seriously ill.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice; however, a significant number of court cases 
reportedly involved long trial delays.
    There were isolated reports of judicial corruption. For example, on 
January 18, Turin prosecutors opened an investigation on Imperia Court 
President Gianfranco Boccalatte for corruption in favor of organized 
crime.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Trials are public. The Courts of Assizes, which have jurisdiction over 
the most serious crimes, are composed of two professional judges and 
six laypersons chosen at random among citizens 30 to 65 years old. 
Although the law provides that defendants have access to an attorney in 
a timely manner, authorities did not always respect this right in 
practice. Defendants may confront and question witnesses against them 
and may present witnesses and evidence on their own behalf. Prosecutors 
must make evidence available to defendants and their attorneys upon 
request. Defendants have a presumption of innocence and the right to 
appeal verdicts.
    Domestic and European institutions continued to criticize the slow 
pace of the judicial process.
    Courts could determine when the statute of limitations should 
apply, and defendants who had been granted provisional liberty often 
took advantage of the slow pace of justice to delay trials through 
extensive pleas and appeals.

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

    Regional Human Rights Court Decisions.--Individuals may appeal 
alleged human rights violations by the state to the European Court of 
Human Rights (ECHR) once all avenues for a remedy in the Italian court 
system have been exhausted. The government complied with the ECHR's 
final decisions on such appeals.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent and impartial judiciary in civil matters. Civil 
remedies are determined by law. Contracts allow for and regulate 
arbitration. Individuals and organizations may seek civil remedies for 
human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice. Searches and 
electronic monitoring were generally permissible with judicial warrants 
and in carefully defined circumstances. The Court of Cassation's lead 
prosecutor may authorize wiretaps of terrorism suspects at the request 
of the prime minister. According to independent observers prosecutors 
did not always limit the use of wiretaps to cases of absolute necessity 
as requested by the Supreme Court. On September 15, Bari prosecutors 
announced that they had ordered the recording of more than 100,000 
telephone calls in a case regarding an entrepreneur and other business 
executives who allegedly blackmailed then prime minister Silvio 
Berlusconi.
    The media published leaked transcripts of government wiretaps 
authorized as part of ongoing investigations. In June two leading 
national newspapers, Corriere della Sera and La Repubblica, published 
transcripts of telephone calls between certain members of parliament 
and the ministries. Some of these government officials were under 
investigation for corruption and conspiracy to obtain confidential 
information regarding judicial proceedings.
    The law allows magistrates to destroy illegal wiretaps that are 
discovered or seized by the police.
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.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views. However, disputes over partisanship continued 
to prompt frequent political debate. The two main opposition parties 
and NGOs contended that media ownership was concentrated in too few 
hands. Former prime minister Berlusconi's family holding company, 
Fininvest, held a controlling share in the country's largest private 
television company, Mediaset; its largest magazine publisher, 
Mondadori; and its largest advertising company, Publitalia. 
Berlusconi's brother owned one of the country's nationwide dailies, Il 
Giornale. Italian media organizations tended to reflect the point of 
view of their proprietors, whether a political party or a business 
entity.

    Violence and Harassment.--On July 19, Rome prosecutors opened an 
investigation on then prime minister Silvio Berlusconi for abuse of 
power. In 2009 Berlusconi allegedly pressured the Italian public 
television network RAI to stop broadcasting Annozero, a political 
program hosted by Michele Santoro, who often criticized the government.
    In its 2011 rankings, Reporters Without Borders indicated 
diminished press freedom in the country because of a long-standing 
conflict of interest that ``bears the marks of the old government'' led 
by media magnate and former prime minister Berlusconi.
    The National Federation of the Italian Press criticized instances 
of what it described as excessive restrictions on freedom of 
expression. On February 1, police searched the apartment of Il Giornale 
journalist Anna Maria Greco, who had written an article on a Milan 
prosecutor. Some journalism associations protested the search.

    Libel Laws/National Security.--Public officials continued to bring 
cases against journalists under the country's libel laws. According to 
most observers the risk of such suits did not adversely affect the 
willingness of the press to report on politically sensitive 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.
    A special unit of the police monitored Web sites for crimes 
involving child pornography. As an antiterrorism measure, authorities 
required that Internet cafe operators obtain licenses and that those 
using wireless Internet areas register personal information before 
logging on.

    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 annual International Religious 
Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the government generally respected these rights in 
practice. The government cooperated with the UNHCR and other 
humanitarian organizations to provide 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.
    Following the Arab Spring, the flows of migrants arriving by boat 
dramatically increased. Unrest in Tunisia resulted in the suspension of 
the Tunisian agreement with Italy between January and April 5, after 
which Tunisia and Italy signed a new pact providing for enhanced border 
protection and repatriation of economic migrants. Most Tunisian 
migrants who arrived after April 5 were deported. Those who arrived 
before that date obtained temporary residence permits.
    In March the Libyan government suspended the implementation of the 
friendship treaty with Italy, prompting a large number of sub-Saharan 
African migrants to leave Libya by boat, mainly for the Italian island 
of Lampedusa. Most of them qualified for asylum.
    According to the government, between January and September, 4,012 
foreign minors arrived in the country, 3,739 of whom were 
unaccompanied. Approximately 2,700 unaccompanied minors landed in 
Lampedusa. Those who were apprehended were sent to temporary detention 
centers for processing. A magistrate then determined whether migrants 
would be deported (if their identity could be ascertained), ordered to 
depart (if their identity could not be ascertained), or accepted for 
asylum processing. Between January and July, the government repatriated 
13,700 migrants primarily to Tunisia. The Ministry of Interior, in 
cooperation with the International Organization for Migration, assisted 
the safe return of migrants to their home countries.
    On January 20, there were 7,540 unaccompanied minors in the 
country, of whom 1,137 were Afghani. The Ministry of Interior equipped 
special sections of temporary detention centers to host minors.

    Safe Country of Origin/Transit.--The country is party to the EU's 
Dublin II Regulation, whose partners generally transfer asylum 
applications to the first EU member country in which the applicant 
arrived.

    Nonrefoulement.--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.

    Refugee Abuse.--There were reports of disturbances at detention 
centers for immigrants throughout the year. The large flows of 
Tunisians and African refugees fleeing Libya between January and 
September aggravated the already poor living conditions of temporary 
centers, especially in Lampedusa.
    On June 6, detainees in the Bari detention center were responsible 
for disturbances that culminated in a mass attempt to escape by sawing 
through bars. The detainees injured several police officers, who 
arrested two Moroccans and nine Tunisians in connection with the 
incident.
    On September 20, detained Tunisians at Lampedusa destroyed by arson 
the reception facilities on the island, resulting in the evacuation of 
migrants held there. According to a September 30 report by the 
Parliamentary Assembly of the COE after a May 23-24 visit, the 
government held Tunisians on Lampedusa for prolonged periods of time 
without access to a judge. The report also noted insufficient 
separation of minors, overcrowding, prolonged periods of detention, and 
inadequate sanitary facilities. Finally, the report criticized the 
government's slow response to the initial influx of migrants, noting 
the confusion and unsanitary conditions arising out of an early lack of 
action. Following the fire, Lampedusa's detention center closed for 
repairs.

    Access to Basic Services.--The government issued temporary 
residence permits that the Ministry of Interior could periodically 
renew. While not a guarantee, these temporary permits can lead to 
future permanent residence.

    Temporary Protection.--The government also provided temporary 
protection to individuals who may not qualify as refugees. Between 
January and June, 10,900 persons submitted asylum requests to 
authorities, compared to 5,400 in the same period of 2010. The top four 
countries of origin of 4,900 persons assisted between January and 
September were Afghanistan (14 percent), Somalia (13 percent), Eritrea 
(11 percent), and Nigeria (8 percent).
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.--National 
and international observers, including the Organization for Security 
and Cooperation in Europe, considered the 2008 parliamentary elections 
free and fair.

    Participation of Women and Minorities.--There were 60 women in the 
321-seat Senate and 135 women in the 630-seat Chamber of Deputies. 
Women held five of 23 positions in the Council of Ministers. The 
proportion of female judges is 7 percent.
    Two legally defined minority groups had representatives in 
parliament; the French-speaking Valdostani and the German-speaking 
Altoatesini/Suedtiroler had a total of four senators and three 
deputies. In a predominantly ethnically homogenous society, immigrants 
represented approximately 6.5 percent of the population, and fewer than 
half of these qualified as ethnic/racial minorities. Two 
representatives of ethnically diverse groups (of Moroccan and Congolese 
origin) were members of the Chamber of Deputies.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. Media 
continued to report on isolated incidents of government corruption 
during the year.
    According to the general prosecutor of the National Audit Court, 
709 persons were accused of corruption, 183 of embezzlement, and 2,290 
of abuse of power in 2010.
    In 2010 the regional sections of the National Audit Court found 
sufficient cause to charge 227 persons with corruption and graft (40 
cases), abuse of power (17 cases), fraud (95 cases), embezzlement (50 
cases), and other crimes (25 cases).
    All parliamentarian arrests must be approved by the parliament. On 
July 20, police arrested parliamentarian Alfonso Papa for abetting 
criminals, breaching confidentiality, and accepting bribes during an 
investigation of a secret association. While the parliament approved 
Papa's highly politicized arrest, during the year it nevertheless 
blocked the arrests of several other parliamentarians, including Deputy 
Marco Milanese and Senator Alberto Tedesco.
    Members of parliament are subject to financial disclosure laws. The 
Ministry of Public Administration encouraged adherence to voluntary 
guidelines for financial disclosure by the leaderships of all 
ministries. The anticorruption and transparency office in the Ministry 
of Public Administration is the government watchdog on corruption.
    The law gives citizens the right to access government documents and 
to be informed of administrative processes. With some security-related 
exceptions, the government and local authorities respected this right 
in practice for citizens, noncitizens, and the foreign press.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views. The government's Office 
to Combat Racial and Ethnic Discrimination in the Ministry of Equal 
Opportunity (UNAR) assists victims of discrimination.

    Government Human Rights Bodies.--An interministerial commission on 
human rights and a parliamentary committee on human rights focused on 
international and high-profile domestic cases.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, ethnic 
background, and political opinion. It provides some protection against 
discrimination based on disability, language, or social status. The 
government generally enforced these prohibitions; however, some 
societal discrimination continued against women; persons with 
disabilities; immigrants; Roma; and lesbian, gay, bisexual, and 
transgender persons.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal, and the government enforced the law effectively. According 
to the Italian National Institute of Statistics (ISTAT), in 2009 there 
were 4,963 cases of rape reported to the police.
    Violence against women, including spousal abuse, remained a 
problem. In September 2010 ISTAT reported that approximately 10.5 
million women aged 16 to 65, or 51.8 percent of all women, were victims 
of violence or harassment at least once in their lives. Between 2008 
and 2010, 3.9 million women were involved in cases of violence or 
harassment. Of these 3.9 million cases, 27 percent were verbal 
assaults, 22 percent were stalking, 20 percent were indecent exposure, 
and 19 percent involved physical violence. Women who lived in big 
cities were more at risk; 64.9 percent of urban-dwelling women reported 
a case of violence or stalking at least once in their lifetime. An 
estimated 8.5 percent of women in the study reported sexual harassment 
at work. In 2010 police reported to prosecutors 4,813 cases of sexual 
violence, most of which occurred against women. Updated data were not 
available.
    The law criminalizes the physical abuse of women, including by 
family members; allows for the prosecution of perpetrators of violence 
against women; and helps abused women avoid publicity. Police officers 
and judicial authorities prosecuted perpetrators of violence against 
women, but victims frequently declined to press charges due to fear, 
shame, or ignorance of the law.
    In 2009 the Ministry of Equal Opportunity established a hotline for 
victims of stalking in addition to the hotline for victims of violence 
seeking immediate assistance and temporary shelter. Local authorities 
fund shelters and protected communities usually run by NGOs. These 
initiatives improved awareness of rights and remedies, and women were 
more inclined to denounce their abusers. Between mid-September 2010 and 
March 17, 2011, the Ministry of Equal Opportunity's hotline received 
11,900 calls. Of the 4,500 calls received between January 10 and March 
17, 2011, 10 percent were from foreigners, 35 percent regarded cases of 
psychological violence, 25 percent involved physical violence, and 6 
percent involved stalking. In 2010 police received 5,739 stalking 
complaints, 87 percent of which were reported by women. Updated data 
were not available.
    In 2010 the NGO Telefono Rosa assisted 1,749 victims of violence, 
40 percent of whom were victims of physical violence, 38 percent of 
psychological violence, and 9 percent of stalking. Between September 
and December 2010 the NGO ACMID-Donna, which ran a hotline for abused 
Muslim women, received 1,376 calls, 970 of which were requests for 
help. Of those who called, 74 were victims of forced marriage; 23 were 
subsequently sheltered in protected communities.

    Other Harmful Traditional Practices.--The media occasionally 
reported on ``honor crimes.'' On December 22, a Modena court sentenced 
to life imprisonment a Pakistani, Khan Ahamad Butt, for the murder of 
his wife, Shanaz Begum. His son, Umair, was sentenced to 20 years in 
jail for the attempted murder of Butt's daughter, Nosheen Butt. Shanaz 
Begum had defended her daughter against her husband and son after the 
daughter had refused an arranged marriage with an older man.
    On January 28, a court of appeals sentenced 45-year-old Moroccan El 
Ketaoui Dafani to life imprisonment for the murder of his 18-year-old 
daughter, Saana Dafani, in 2009. El Ketaoui killed his daughter for 
having a relationship with a 31-year-old Italian man. His lawyers 
appealed the decision to the Supreme Court.

    Female Genital Mutilation (FGM).--FGM is a crime punishable by up 
to 10 years' imprisonment. According to the National Institute for the 
Health of Migrants, which assisted close to 5,000 FGM victims over the 
previous 10 years, as many as 3,000 additional girls were at risk of 
genital mutilation. In 2009 the Ministry of Equal Opportunity estimated 
that 35,000 immigrant women (1,100 of whom were age 17 and younger) 
were victims of genital mutilation. In the vast majority of cases the 
mutilation occurred in the victims' countries of origin. Most of the 
women lived in Lombardy, Veneto, Emilia Romagna, and Lazio. A Ministry 
of Equal Opportunity interagency committee in charge of combating FGM 
implemented a prevention program that included an awareness campaign 
for immigrants, risk analysis, cultural mediator training, and a 
hotline dedicated to FGM victims.

    Sexual Harassment.--Sexual harassment is illegal, and the 
government effectively enforced the law. By government decree, 
emotional abuse based on gender discrimination is a crime.

    Reproductive Rights.--Couples and individuals had the right to 
decide the number, spacing, and timing of their children and had the 
information and means to do so free from discrimination, coercion, or 
violence. Access to information on contraception and skilled attendance 
at delivery and in postpartum care were widely available. Women and men 
received equal access to diagnostic services and treatment for sexually 
transmitted infections.

    Discrimination.--The law gives women the same rights as men, 
including rights under family law, inheritance law, property law, and 
the judicial process.
    According to Eurostat the overall gap between salaries for men and 
women in 2009 was 5.5 percent. Women continued to be underrepresented 
in many fields, including management, entrepreneurial business, and 
other professions. In 2009, 63 percent of public health employees were 
women, but women accounted for only 18 percent of all public health 
executives. In 2010 women represented only 6 percent of board members 
of companies listed on the stock market. On June 29, the parliament 
approved legislation which requires companies listed on the stock 
market to appoint women to at least one-fifth of executive board 
positions by 2012 and at least one-third by 2015.
    On December 22, the parliament approved legislation raising the 
retirement age for women and ending discrimination between men and 
women in the private sector by 2018.
    A number of government offices worked to provide for women's 
rights, including the Ministry for Equal Opportunity and the Equal 
Opportunity Commission in the Prime Minister's Office. The Ministry of 
Labor and Welfare has a similar commission that focuses on women's 
rights and workplace discrimination. Many NGOs, most of them affiliated 
with labor unions or political parties, actively and effectively 
promoted women's rights.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. Local authorities registered all births immediately.

    Child Abuse.--In the first six months of the year, Telefono 
Azzurro, an NGO that advocates children's rights, received 882 requests 
for assistance. Of these, an estimated 5 percent involved sexual abuse, 
12.5 percent physical violence, and 6 percent psychological abuse. In 
53 percent of cases the victims were female; 62 percent of the victims 
were younger than 10.

    Sexual Exploitation of Children.--The country has a statutory rape 
law. The minimum age for consensual sex varies from 13 to 16, based on 
the relationship between partners. The penalty for child pornography 
ranges from six to 12 years in prison, and the penalty for violating 
the minimum age for consensual sex ranges from two to 10 years in 
prison. Between January and September a special police unit monitored 
16,100 Web sites; 685 persons were reported to authorities for crimes 
involving child pornography online, and 39 persons were arrested. 
Between January and March, Telefono Arcobaleno detected more than 
18,000 Web sites used by pedophiles.
    In 2010 authorities registered 582 reports of sexual intercourse 
with minors, 380 reports of child pornography production or child 
pornography possession, and 175 reports of minors obliged to assist 
with sexual intercourse between adults.
    Save the Children estimated that minors represented 10 percent of 
persons in prostitution (constituting between 1,600 and 2,000 minors). 
While few children of Italian nationality engaged in prostitution for 
survival, the independent research center Parsec reported that 
thousands of minor migrants from Eastern Europe did.
    On June 28, police arrested 16 persons accused of sexually 
exploiting underage Italian girls in the province of Cosenza. 
Recruiters enticed and then forced their victims into prostitution.
    On July 4, authorities arrested 11 persons for recruiting and 
forcing Romanian girls in Massa Carrara into prostitution. The girls' 
pimps threatened and beat them.
    Romani adults continued to use Romani children of all ages for 
begging, and, in some instances, for prostitution and theft as well. 
Police did not always intervene to prevent forced begging by Romani 
children.

    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 30,000 Jews in Italy. 
Anti-Semitic societal prejudices persisted. Isolated individuals and 
small extremist fringe groups were responsible for anti-Semitic remarks 
and actions, including vandalism and anti-Semitic material on the 
Internet.
    In October the Italian Chamber of Deputies' Committee for the 
Inquiry into Anti-Semitism released a new report on anti-Semitism in 
the country. The report cited a 2008 study by Italy's Center of 
Contemporary Jewish Documentation that estimates that 44 percent of 
Italians express attitudes and opinions ``in some way hostile to Jews'' 
and that 12 percent are ``fully fledged anti-Semites.'' The report also 
documented the proliferation of anti-Semitic Web sites and the tendency 
for criticism of Israel to become anti-Semitic.
    On January 27, anti-Semitic graffiti was discovered by local 
authorities on city walls, streets, and grave headstones in Stradella.
    According to the Center of Contemporary Jewish Documentation, in 
2010 there were more than 40 anti-Semitic Web sites. On January 18, a 
right-wing Web site published a list of names of Jewish university 
professors it accused of proselytizing for the ``Zionist cause.'' 
Postal police promptly shut down the Web site. In December a Web site 
targeted several well-known Italian Jews by posting their photos 
alongside hateful messages. The photos were taken down after the Rome 
Jewish Community reported the incident to the police. In addition the 
Web site contained several anti-Semitic cartoons, conspiracy theories, 
and the text of The Protocols of the Elders of Zion ``Zionist cause.'' 
Postal police promptly shut down the Web site.
    The Ministry of Education funded training courses for teachers 
designed to prevent anti-Semitism on social media.

    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 the areas of employment, education, access to health 
care, and the provision of other state services. The government 
effectively enforced these provisions, but there were incidents of 
societal discrimination. Antigone claimed there was a pattern of abuse 
in prisons and mental health facilities, highlighting a number of 
deaths that may have resulted from poor care for persons with 
disabilities. On March 16, a parliamentary committee released a report 
on six criminal detention centers for inmates with psychiatric 
problems. The committee found that several of the centers had poor 
living conditions and did not provide adequate patient treatment. On 
July 27, police shut down 49 cells in two psychiatric facilities 
visited by the committee and arrested two Aversa hospital prison guards 
after charging them with sexually abusing a transsexual detainee on 
March 10.
    Although the law mandates access to government buildings for 
persons with disabilities, mechanical barriers, particularly in public 
transport, continued to pose challenges. Many cities lacked 
infrastructure (such as subway elevators, funicular stations, and ramps 
on sidewalks) for persons who were wheelchair bound or had limited 
mobility. The Ministry of Labor and Welfare was responsible for 
protecting the rights of persons with disabilities.
    A government agency, the Institute for the Development of 
Vocational Training for Workers, estimated there were three million 
persons with disabilities in the country, of whom 93 percent lived with 
their families.

    National/Racial/Ethnic Minorities.--There were no accurate 
statistics on the number of Roma in the country. NGOs estimated that 
between 120,000 and 170,000 Roma, including 75,000 citizens, were 
concentrated on the fringes of urban areas in the central and southern 
parts of the country.
    During the year the Romani population continued to be subject to 
some municipal mistreatment, societal discrimination, and violent 
attacks against unauthorized camps. Some political discourse continued 
to contribute to municipal and societal discrimination against the 
Romani population, especially mob violence and individual attacks 
targeting Roma.
    On December 10, a protest organized by residents of the Vallette 
suburb in Turin turned violent when some protesters attacked and burned 
a Romani camp by setting fire to caravans and makeshift shelters that 
housed approximately 150 Roma. The protest was organized after a 16-
year-old girl reported to police that she had been raped by two Roma. 
The girl stated later to police that her accusations were false and 
publicly apologized. Amnesty International reported that, the day 
before the protest, leaflets were circulated inciting the inhabitants 
of the suburb to ``clean up'' the area where the settlement was 
located. Approximately 500 persons took part in the march; of those, 
approximately 30 were reported to have been involved in the raid 
against the settlement. There were no injuries since the police had 
evacuated the area before the protest began.
    National and local government officials made racist comments 
against Roma and other members of minorities during the year. In May 
then prime minister Berlusconi warned that Milan was at risk of 
becoming ``an Islamic city, a Gypsy town full of camps and besieged by 
foreigners.'' The press and NGOs reported cases of discrimination, 
particularly in housing and evictions, deportations, and government 
efforts to remove Romani children from their parents for their 
protection.
    According to the report on September 7 by the COE after the visit 
on May 26-27 by COE commissioner for human rights Thomas Hammarberg, 
the state of emergency in force in five regions ``provided the bedrock 
for widespread evictions of Roma and Sinti from settlements throughout 
the country, often in manners that are at variance with human rights 
standards.'' Unauthorized camps lacked electricity, access to water and 
sanitation, adequate shelter, and pest control. The report attributed 
the segregation of Roma in camps to the ``local and national housing 
policies which assume Roma to be nomads'' and which failed ``to meet 
their needs.'' Evictions had a negative impact on children's right to 
education.
    Amnesty International reported that during March and May 
authorities conducted 154 targeted evictions in Rome affecting 1,800 
Roma. The European Roma Rights Center asserted that these evictions 
violated international laws and standards under domestic law regulating 
forced evictions. They charged that Rome municipal authorities did not 
provide prior notice in advance of the eviction, did not offer proper 
alternative accommodation, and destroyed personal property during the 
evictions.
    In November the Council of State ruled that the state of emergency 
was not lawful and constituted discrimination. It stated that there was 
no evidence of a causal link between the existence of nomadic 
settlements and the extraordinary and exceptional disruption of order 
and public security in the affected areas. Despite the ruling, 
municipal governments defended the state of emergency, highlighting the 
``absolute incompatibility'' between the camp conditions and the 
protection of human rights.
    On January 6, four Romani children died in their sleep after a fire 
broke out in an illegal encampment on the outskirts of Rome. Mayor 
Gianni Alemanno reiterated his intention to implement the 2009 Nomad 
Plan, which calls for closing down illegal camps and transferring the 
Roma to legal settlements.
    Government officials at the national and local levels, including 
those from the Ministry of Interior and UNAR, met periodically with 
Roma and their representatives. On June 17, groups of Roma living in 
Milan established a council to facilitate dialogue with the local 
government. By July the Observatory for the Security against 
Discrimination had received 130 reports regarding 56 crimes against 
Roma; police arrested 11 persons and opened investigations on another 
33.
    In 2010 UNAR received approximately 1,000 calls on its national 
hotline and 10,000 requests through its Web site. UNAR received 
information on 500 cases of discrimination, 28 percent of which were 
related to labor conditions, 20 percent to housing, and 10 percent to 
discrimination in the provision of public services. UNAR provided legal 
assistance and helped mediate disputes.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The press reported a few cases 
of violence against gay and lesbian couples during the year. According 
to a poll of gay men and lesbians conducted by the association Arcigay 
released on October 13, 5 percent of those interviewed had been fired 
for their sexual orientation, and 19 percent had been victims of other 
forms of labor discrimination.
    On January 27, police arrested Gianluca Costantino, Stefano 
Merighi, and Diego Fosco on charges of savagely beating and raping a 
foreign gay man in Canazei near Trento in April 2010.
    On April 11, a Rome court of appeals found the ministries of 
defense and transport guilty of discrimination for revoking the 
driver's license of a gay man, Danilo Giuffrida, in Catania in 2005 and 
ordered the ministries to pay 20,000 euros (approximately $26,000) as 
compensation.
    On July 27, police arrested two Aversa hospital prison guards after 
charging them with sexually abusing a transsexual detainee on March 10 
(see Persons with Disabilities).

    Other Societal Violence or Discrimination.--There were no reports 
of violence or discrimination against persons with HIV/AIDS. Based on 
verifiable incidents, there was no detectable underlying pattern of 
discrimination/abuse.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to establish, join, and carry out union 
activities in the workplace without previous authorization or excessive 
requirements. Unions are independent of government and political 
parties. The law prohibits union organization in the armed forces. The 
law provides for the right to strike but restricts strikes affecting 
essential public services (such as transport, sanitation, and health) 
by requiring longer advance notification and precluding multiple 
strikes within days of each other. The law restricts transport strikes, 
allowing only those unions representing at least half of the workforce 
to call a strike. Unions are allowed to conduct their activities 
without interference, and the right to organize and bargain 
collectively is instilled in the law. In 2010 ISTAT estimated that 78 
national collective bargaining agreements covered a total of 13 million 
public and private employees. Secondary contracts negotiated at the 
company or territory-wide level also covered about 30 percent of 
employees. Antiunion discrimination is illegal. Employees fired for 
union activity have the right to request their reinstatement.
    The government protected the rights of workers and enforced the 
law. In practice workers exercised these rights, including union 
formation and participation and legal strikes. Workers organized and 
bargained collectively. There were no reported cases of discrimination.
    The law allows a company of any nationality in a free trade zone to 
employ workers of the same nationality under that country's labor laws 
and social security systems.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and the government 
enforced such laws; however, there were reports that such practices 
occurred.
    Parsec, an NGO that assists victims of trafficking in persons and 
conducts research on trafficking trends, estimated that approximately 
500 victims of labor trafficking worked mainly in domestic, 
agricultural, and service sectors. Forced labor occurred primarily in 
the construction and agriculture sectors.
    According to research conducted by independent experts on 291 
victims of forced labor who received assistance from NGOs between 2005 
and 2009, the top countries of origin were Romania, Morocco, Egypt, and 
India. Approximately 71 percent of the victims were male. Most of the 
victims left their countries voluntarily to escape poor living 
conditions (68 percent) and to find a better job (72 percent). Two-
thirds of female victims of labor trafficking and 48 percent of male 
victims received deceptive employment offers; 25 percent worked in the 
construction sector, 17 percent as caregivers, and 14 percent in 
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 
government sought to enforce laws and policies designed to protect 
children from exploitation in the workplace; however, there were a 
number of reports of child labor.
    The law prohibits employment of children under age 15 with some 
limited exceptions, and there are specific restrictions on employment 
in hazardous or unhealthy occupations for boys under the age of 18 and 
girls under the age of 21. Enforcement was generally effective in the 
formal economy; however, enforcement was difficult in the relatively 
extensive informal economy.
    Illegal migrant child laborers, mostly between 15 and 18 years of 
age, continued to enter the country from North African and Asian 
countries. They worked primarily in the manufacturing and services 
industries. Labor inspectors found that, between January and August 
2010, 190 minors worked as illegal employees.
    On June 30, the Ministry of Welfare said it had identified 5,806 
unaccompanied minors as eligible to receive government assistance and 
services. The top three countries of origin were Afghanistan, Tunisia, 
and Egypt.
    The government, employer associations, and unions continued their 
tripartite cooperation to combat child labor. The Ministry of Labor and 
Welfare, working with police and Carabinieri, is responsible for 
enforcement of child labor laws, but its efforts produced limited 
results.

    d. Acceptable Conditions of Work.--The law does not provide for a 
minimum wage. Instead, collective bargaining labor contracts negotiated 
by unions set minimum wage levels for different sectors of employment. 
The official poverty line was set at 992 euros ($1,290) per month for a 
family of two. Workers in the informal sector often worked for less 
than the comparable minimum wage in the formal sector. The estimated 
three million workers in the informal sector accounted for 11.3 percent 
of the total workforce and worked primarily in the south in the 
agricultural and service sectors during the year, according to ISTAT.
    The legal workweek is 40 hours. Overtime work may not exceed two 
hours per day or an average of 12 hours per week. Unless limited by a 
collective bargaining agreement, the law sets maximum overtime hours in 
industrial sector firms at no more than 80 per quarter and 250 
annually. The law requires rest periods of one day per week and 11 
hours per day. Premium pay is required for overtime. The government, 
with regular union input, effectively enforced these standards.
    The law sets basic health and safety standards and guidelines for 
compensation for on-the-job injuries. There were labor inspectors in 
both the public health service and the Ministry of Labor and Welfare, 
but their numbers were insufficient to provide for adequate enforcement 
of health and safety standards. The government and employers did not 
enforce these standards in the informal economy. According to the 
Workmen's Compensation Institute, there were 980 work-related deaths in 
2010.

                               __________

                                 KOSOVO

                           EXECUTIVE SUMMARY
    Kosovo is a parliamentary democracy. The constitution and laws 
provide for the authorities and responsibilities of the freely elected 
unicameral national Assembly, the Assembly-approved government, and the 
Assembly-elected president. The country declared its independence in 
2008 after it accepted the Ahtisaari plan, which provided for 
internationally sponsored mechanisms, including an International 
Civilian Office and the EU Rule of Law Mission (EULEX), to support the 
new government. Multiparty elections for the Assembly, conducted 
beginning in December 2010, met many international standards, but 
serious irregularities and electoral manipulations in some areas raised 
concerns and resulted in a limited re-vote in some municipalities. 
Security forces reported to civilian authorities, with the Kosovo 
Security Force (KSF) also monitored by the U.N.-authorized NATO 
Peacekeeping Force for Kosovo (KFOR) and the Kosovo Police (KP) 
monitored, in a limited capacity, by EULEX.
    Roadblocks that Serb hardliners established in the northern part of 
the country seriously restricted basic rights, including freedom of 
movement and movement of goods. Serb hardliners also employed violence 
and intimidation against domestic opponents and international security 
forces, resulting in deaths and injuries during the year. A third area 
of serious concern was societal discrimination against minority 
communities, persons with disabilities, and members of the lesbian, 
gay, bisexual and transgender (LGBT) community, as well as domestic 
violence, particularly against women.
    Additional human rights concerns included allegations of prisoner 
abuse as well as corruption and favoritism in prisons, lengthy pretrial 
detention, judicial inefficiency, intimidation of media by public 
officials and criminal elements, limited progress in returning 
internally displaced persons (IDPs) to their homes, government 
corruption, trafficking in persons, and child labor in the informal 
sector.
    The government took steps to prosecute and punish officials who 
committed abuses, whether in the security services or elsewhere in the 
government, although many perceived that senior officials engaged in 
corruption and acted with 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 during the year.
    On July 25, Enver Zymberi, a member of the Special Police Unit, was 
shot in an ambush by Serb hardliners following an operation by the unit 
to take control of Bernjak, a border crossing point on the Kosovo-
Serbian border. Zymberi died of his wounds on July 26.
    There were developments related to the December 2010 release of a 
report by a rapporteur of the Parliamentary Assembly of the Council of 
Europe (COE), Dick Marty. The report alleged that, from mid-1999 to 
mid-2000, elements of the Kosovo Liberation Army (KLA) and affiliates 
held scores of ``disappeared'' persons in Albania and that a small 
number of persons became ``victims of organized crime'' when their 
kidneys were extracted for use by an international organ-trafficking 
ring. The report stated that all of those held, Albanians and Serbs, 
were presumed to have been killed. On January 27, EULEX opened a 
preliminary investigation in the case, and on August 29, named John 
Clint Williamson as the lead prosecutor for the Special Investigative 
Task Force. At year's end, the task force continued its investigation 
with government cooperation.
    On July 15, a EULEX judge confirmed the indictment against nine 
defendants, including assembly member Fatmir Limaj, in the case of 
alleged war crimes committed at the high-profile KLA Klecka detention 
facility in 1999. On September 22, following the release of the 
Constitutional Court's ruling that assembly members do not enjoy 
blanket immunity from arrest, Limaj surrendered to EULEX police and was 
placed under house arrest. On September 28, EULEX announced that Agim 
Zogaj, the key witness in the Klecka case, known as ``Witness X,'' was 
found dead in a park in Germany. German forensic authorities stated 
Zogaj, who was in a witness protection program, had committed suicide. 
On November 11, the trial of the Klecka case began in the district 
court of Pristina. All defendants pleaded not guilty. Limaj's defense 
asked to postpone the trial until February 2012 due to the absence of a 
forensics report on the death of Zogaj and insufficient time to analyze 
the indictment. On November 15, the Pristina District Court postponed 
the trial until January 2012.
    In a July 29 decision, a mixed panel of EULEX and Kosovo judges 
convicted former KLA members Sabit Geci, Riza Aliaj, Shaban Hoti, and 
Haki Hajdari of the abuse, beatings, and murder of detainees at two KLA 
detention centers in Kukes and Cahan in northern Albania in 1999. The 
panel sentenced the four men to a total of 40 years' imprisonment -- 
Geci to 15 years, Alija to 12, Hajdari to seven, and Hoti to six. A 
fifth suspect in the case remained at large.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. However, according to the International Committee of 
the Red Cross, as of the end of the year, 1,796 persons were still 
listed as missing as a result of the 1998-99 conflict. Of these, 70 
percent were Kosovo-Albanians, and 30 percent were Kosovo-Serbs and 
other minorities.
    On September 14, a law on missing persons entered into force that 
defines missing persons, details rights of family members of missing 
persons to information, and formalizes the Government Commission on 
Missing Persons as the coordination body on issues related to missing 
persons.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices. One 
organization found that the KP employed forms of abuse that could be 
considered torture to obtain confessions, while other observers found 
that torture did not exist in the correctional institutions. There were 
no reports during the year that EULEX or KFOR (which has limited arrest 
and detention authority) employed forms of abuse.
    In October the COE's Committee for the Prevention of Torture (CPT) 
released a report on its June 2010 visit to detention facilities. The 
CPT received numerous and consistent allegations of physical 
mistreatment by KP officers from persons who were or had recently been 
taken into custody. The allegations primarily concerned punches, kicks, 
and blows with batons at the time of apprehension. The CPT also 
reported that some police officers attempted to obtain confessions 
during questioning with slaps, punches, kicks (including to the 
genitals), striking the person with hard objects, squeezing of the hand 
with a pencil being placed between two fingers, and beating on the 
soles of the feet. The CPT noted that in some cases the severity of the 
alleged mistreatment was such that it could ``easily be described as 
torture.'' The CPT concluded that it appeared that ``the situation as 
regards the treatment of persons deprived of their liberty by the 
Kosovo Police has stagnated if not deteriorated'' since its 2007 visit.
    In one case the CPT interviewed and conducted medical examinations 
of a group of detainees who alleged that officers of the KP special 
intervention group punched, kicked, and beat them with a variety of 
objects, at times with their hands cuffed behind them, a few days 
before the CPT delegation's visit to Prishtine/Pristina Police Station 
No. 1. Several detainees were injured to the point of requiring medical 
treatment. The detainees reported that a EULEX monitor was present at 
the station and attempted to prevent the KP officers from continuing 
with the beatings without success. EULEX subsequently informed the CPT 
in September 2010 that it had ``requested its Internal Investigation 
Unit (IIU) to undertake an investigation into possible misconduct 
(i.e., inaction) by the EULEX staff member present at the police 
station,'' but that the IIU closed the case on the grounds that it was 
unsubstantiated.
    In reports based on more recent visits, domestic observers, 
including the Office of the Ombudsperson and the Kosovo Rehabilitation 
Center for Torture Victims (KRCT), found that torture as defined by the 
U.N. Convention against Torture did not exist in the country's 
correctional institutions and that isolated complaints regarding 
mistreatment of prisoners and detainees had consistently decreased in 
recent years. The Office of the Ombudsperson reported receiving only 
two reports of detainees or prisoners who were slapped during the year. 
The European Commission's Progress Report on Kosovo 2011 also noted 
that the number of reported cases of torture or mistreatment by police 
and prison staff decreased during the year.

    Prison and Detention Center Conditions.--Physical conditions at 
prisons and detention centers were generally satisfactory, although 
physical conditions remained substandard in some areas.
    In its October report the CPT concluded that material conditions of 
detention had significantly improved since its 2007 visit and that 
conditions were ``generally satisfactory,'' with no overcrowding 
problems. The European Commission's Progress Report on Kosovo 2011 also 
observed that living conditions in the country's detention facilities 
improved and noted overall progress in relation to correctional 
services. The Office of the Ombudsperson commented on a general 
improvement in material conditions of detention and prison facilities. 
The CPT and KRCT reports stated that conditions remained substandard in 
some areas and in some parts of facilities, including poor lighting or 
ventilation in some cells and dilapidated kitchens, toilets, and 
bedding facilities in some prison and detention facilities. There were 
no reports that prisoners lacked access to potable water.
    In addition to the alleged torture and abuses listed above, the 
CPT's October report cited allegations that certain prisoners had 
``hired'' members of the establishment's special intervention group to 
assault physically other prisoners who were causing them trouble. The 
CPT also concluded that corruption and favoritism were ``endemic'' at 
the main correctional center, Dubrava Prison, and a problem at other 
penitentiary establishments. Interprisoner violence was also cited as a 
problem.
    The Correctional Service managed daily operations at all 
correctional and detention centers. EULEX retained a limited 
monitoring, mentoring, and advising role in the prisons and transported 
prisoners upon request. As of the end of August, there were 1,195 
convicted prisoners and 1,489 pretrial detainees mixed in prison and 
detention centers. There were 20 women and 42 juveniles in detention 
and prison facilities. During the year the monthly prison population at 
Dubrava Prison varied from 650 to 1,000 inmates, below its total 
capacity of 1,200. Three correctional facilities, six detention 
centers, one center for the protection of witnesses, and one prison 
hospital operated during the year.
    Prisoners had access to visitors and were permitted religious 
observance, including the right to request visits of clerics. Prisons 
and detention facilities also offered modified menus for observance of 
holidays, including for religious fasting.
    Detainees could submit complaints and requests for investigations 
to judicial authorities and the Office of the Ombudsperson without 
censorship through anonymous boxes in most prison facilities. The 
Office of the Ombudsperson assigned two central-level and three field 
staff people to monitor prisons during the year.
    With assistance from the European Commission, the government 
started construction during the year of a new high-security prison in 
Podujeve/Podujevo with a capacity for 300 inmates. The government 
provided all correctional facilities and detention centers with 
surveillance cameras during the year. More prisoners were employed 
during the year than in previous years, and for the first time 
juveniles at the Lipjan/Lipljan correctional center took part in 
educational programs in public schools, accompanied by police, rather 
than in the correctional center. The KRCT observed an increased ease of 
access to detention and correctional facilities for observer 
organizations.
    Authorities permitted visits and monitoring of the country's 
prisons and detention centers, including by the CPT and EULEX. The 
ombudsperson and KRCT inspected correctional and detention centers 
during the year. Monitors reported good cooperation from the 
correctional service, including the ability to conduct private 
interviews with inmates during visits. However, in its October report 
the CPT noted allegations from several prisoners that they were warned 
by prison officers not to complain to or have any contact with EULEX 
monitors.

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

    Role of the Police and Security Apparatus.--Local security forces 
include the KP and KSF. Under the law, police function under the 
authority of the Ministry of Internal Affairs. EULEX operated under a 
mandate to monitor, mentor, and advise local judicial and law 
enforcement institutions. EULEX police also have operational 
responsibilities and conduct policing operations under a defined 
mandate. EULEX possesses limited executive authority in areas including 
organized crime, corruption, war crimes, witness protection, money 
laundering, terrorist financing, and international police cooperation. 
The KSF is a lightly armed security and civil defense force that 
functions under the civilian authority of the Ministry for the Kosovo 
Security Force and was mentored by KFOR.
    Specialized police units investigating war crimes, financial 
crimes, and organized crime, and the EULEX police witness protection 
program, remained staffed by international EULEX police officers and 
operated independently of the KP. EULEX and the KP independently 
operated units on criminal intelligence and organized crime. EULEX's 
international police officers, prosecutors, and judges deployed in the 
country had broad discretion to intervene in any particular criminal 
matter. However, as a practical matter, most policing duties and 
responsibilities were in the hands of the local police.
    The Police Inspectorate operated as an independent body under the 
Ministry of Internal Affairs and has a mandate to conduct 
investigations and inspections involving police personnel. The 
inspectorate became operational on June 1, taking over responsibility 
for personnel investigations from the Professional Standards Unit (PSU) 
of the KP. Through the end of September, the inspectorate and its 
predecessor, the PSU, reviewed 438 complaints, of which 380 were 
disciplinary violations and 58 were criminal cases. Of the 58 
investigations into criminal misconduct, 25 remained under 
investigation, 25 were sent to the office of the prosecutor, three were 
sent to the court for minor offenses, three were initially investigated 
as criminal cases but were reduced to disciplinary violations, and two 
cases were closed for lack of evidence.
    The PSU investigated minor police violations and imposed 
administrative penalties for infractions. During the year the unit 
opened 1,244 cases, including instances of minor insubordination and 
damage or loss of police property. At year's end 284 cases remained 
under investigation.

    Arrest Procedures and Treatment While in Detention.--Police 
generally made arrests openly using a warrant issued by a judge or 
prosecutor and based on sufficient evidence. In some cases masked or 
undercover officers conducted arrests. By law arrests must be based on 
prosecutors' orders, and arrestees must be brought before a judge 
within 48 hours. The majority of the year's arrests were carried out by 
police. There were no reports that police abused the 48-hour rule, and 
authorities generally charged arrestees within six to eight hours or 
released them. Arrestees have the right to be informed of the reason 
for their arrest in a language they understand, remain silent and not 
answer any questions except those concerning their identity, obtain 
free assistance of an interpreter, obtain defense counsel and have 
defense counsel provided if they cannot afford one, and receive medical 
and psychiatric treatment. Police also have the right to take a person 
into temporary police custody for up to six hours to protect the person 
from harm or danger or if the person is uncooperative with lesser 
measures. Kosovo and EULEX police generally respected most of these 
rights in practice, but the CPT found that some investigators did not 
inform detainees of their rights.
    In its October report the CPT noted a number of allegations from 
detained persons that they were not able to contact a lawyer at the 
outset of their deprivation of liberty, but only at the start of the 
initial period of questioning with an investigating police officer. The 
CPT stated that in several cases the right of access to a lawyer 
allegedly became effective only after the person concerned was 
questioned and that a number of detained persons complained that, while 
they had asked for an ex officio lawyer immediately after apprehension, 
their first contact with the lawyer took place only at their initial 
court appearance.
    While detainees have the right to notify family members of their 
detention, the CPT noted in its October report that authorities' 
respect for this right generally seemed to have deteriorated since its 
2007 visit. The CPT reported that a number of detained persons 
complained that the KP failed to comply with their request to have a 
family member notified shortly after their apprehension and that the 
notification was made only towards the end of police custody. The CPT 
corroborated the allegations through an examination of custody 
registers and custody records in several of the police stations it 
visited.
    Following an initial ruling, a court may hold individuals in 
pretrial detention for 30 days from the date of arrest and can extend 
detention up to a total of one year if no indictment has been filed. 
After the filing of an indictment and until the conclusion of trial 
proceedings, detention on remand may be ordered or terminated only by 
ruling of the trial panel. There is a functioning bail system. The law 
allows for house arrest, confiscation of travel documents, and the 
expanded use of bail as alternatives to pretrial detention. Defendants 
can also appeal their detention on remand.
    Under extraordinary circumstances, KFOR can arrest and detain 
individuals without a warrant. The KFOR commander can detain 
individuals for 72 hours, renewable for a second 72-hour period. After 
144 hours, KFOR must release the detainee. There were no reports that 
KFOR arrested persons without a warrant during the year.

    Pretrial Detention.--Lengthy detentions, both before and during 
judicial proceedings, remained a problem. The law provides that a judge 
may impose pretrial detention when there is well-grounded suspicion 
that a person has committed a criminal offense and that he or she is 
likely to destroy, hide, or forge evidence, influence witnesses, flee, 
repeat the criminal offense or engage in another criminal offense, or 
when other measures provided by the law are insufficient to secure the 
defendant's presence during criminal proceedings. In practice, however, 
judges routinely used detention on remand without requiring any 
evidentiary justification. In particular, in the Mitrovice/Mitrovica 
District Court, which temporarily sits in Vushtrri/Vucitrn, detention 
on remand for defendants was continuously extended throughout the 
period when the court operated with limited capacity. At year's end 457 
of 1,918 persons held in pretrial detention during the year were still 
detained.
    Factors including judicial inefficiency and corruption caused trial 
delays.

    Amnesty.--On February 17, the acting president pardoned 103 
individuals (approximately 10 percent of the total prison population) 
in honor of the country's third anniversary of independence.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary. However, the judiciary was at times biased, 
subject to outside influence, and did not always provide due process. 
There were reports of corruption in the judiciary, and the court system 
was inefficient. Unlike in previous years, an effective mechanism for 
disciplinary proceedings against judges was in place, and 34 cases 
against judges were heard and decided by the end of September.
    In November the European Commission reported improvement in the 
country's judicial system, but it noted that the system remained weak 
and judicial efficiency needed to be enhanced.
    The court system included a constitutional court, a supreme court, 
five district courts, a commercial court, 25 municipal courts, 25 minor 
offense courts, and an appellate court for minor offenses. Through 
EULEX, 31 international judges and 15 international prosecutors 
supported local judges and prosecutors. There was one state public 
prosecutor's office, five district prosecutors' offices, and seven 
municipal prosecutors' offices. EULEX exercised its executive authority 
over a special prosecutor's office of eight international prosecutors 
focused on serious crimes including trafficking in persons, money 
laundering, war crimes, and terrorism.
    In criminal cases in which EULEX international judges exercised 
their jurisdiction, EULEX judges sat on mixed panels with local judges. 
EULEX judges were the majority on these panels, with one EULEX judge 
serving as the presiding judge. The president of the Assembly of EULEX 
Judges has the authority to create a panel solely or the majority of 
which are local judges or to not assign particular stages of 
proceedings to EULEX judges. For civil cases in which EULEX 
international judges exercised jurisdiction, judicial panels were 
composed of three judges, two of whom were EULEX judges.
    Under the Judicial Council, the Office of the Disciplinary 
Commission is responsible for investigating the activities of judges 
and lay judges and for prosecuting cases of misconduct before the 
Judicial Council. Through the end of August, 149 new cases were 
referred to the commission for action.
    The Mitrovice/Mitrovica District Court continued to function 
partially during the year. Only EULEX judges were based at the court's 
premises in northern Mitrovica. EULEX operations at the Mitrovica 
District Court ceased in the fall after Serb hardliners in North 
Mitrovica actively prevented EULEX judges and prosecutors from reaching 
the court. EULEX was forced to reconsider relocating trials elsewhere 
in the country. Other operations of the Mitrovice/Mitrovica district 
and municipal courts and the Mitrovice/Mitrovica district and municipal 
prosecutors' offices continued to operate from the Vushtrri/Vucitrn 
Municipal Court. District and municipal courts in Mitrovice/Mitrovica 
and municipal courts in Leposaviq/Leposavic and Zubin Potok remained 
closed following 2008 protests against the country's independence.
    The Serbian government continued to operate an illegal parallel 
judicial system in Kosovo-Serb enclaves and in majority Serb 
municipalities.

    Trial Procedures.--Trials are public, and defendants enjoy the 
presumption of innocence, the right to be present at their trials, 
confront witnesses, see evidence, and have legal representation. 
Authorities may provide legal representation at public expense if 
necessary; however, this procedure was used rarely in practice. 
Defendants have the right of appeal. Trials are heard by panels 
consisting of professional and lay judges; there are no jury trials.
    The Legal Aid Commission, an independent government agency, 
provided free legal assistance to low-income individuals. Most of the 
assistance provided by the commission during the year was for civil or 
administrative matters. The Ministry of Justice also operated a victims 
advocates' section, assisting in providing access to justice for 
victims of crime. The section provided free legal assistance for 
victims of all crimes with a special focus on victims of domestic 
violence, trafficking in persons, child abuse, and rape. The section 
operated 15 offices throughout the country and provided assistance 24 
hours a day.
    A judicial integration section operated by the Ministry of Justice 
continued to address problems affecting minorities. To that end, the 
ministry operated 11 court liaison offices to assist minority 
communities in Kosovo-Serb majority areas by accompanying them to 
courts, filing documents with courts on their behalf, and providing 
information and legal assistance to refugees and IDPs.
    EULEX oversees war crimes cases. EULEX can investigate and 
adjudicate cases either independently or, where appropriate, jointly 
with Kosovo counterparts.

    Political Prisoners and Detainees.--There were no reports that the 
government or KFOR held political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Individuals may appeal to 
courts in order to seek damages for, or cessation of, human rights 
violations. There were many such lawsuits pending. Individuals turned 
to the Constitutional Court for review of their rights to due process. 
More than 60 percent of the 164 cases filed with the Constitutional 
Court during the year alleged violations of constitutional rights by 
courts, prosecutors, or police.

    Property Restitution.--Systemic challenges to the restitution of 
property persisted. A June report by the Organization for Security and 
Cooperation in Europe (OSCE) found that unresolved property claims 
related to the Kosovo conflict hindered the return of refugees and 
adversely affect the human rights of all communities, particularly 
Kosovo-Serbs and other non-Albanian communities. A confusing mix of 
laws, regulations, administrative instructions, and court practices, as 
well as the illegal reoccupation of properties and multiple claims for 
the same property, hindered the legal system's review of property 
rights cases.
    The Kosovo Property Agency (KPA) is responsible for the resolution 
of residential, commercial, and agricultural property claims arising 
from the Kosovo conflict. OSCE monitors noted several problems 
hindering the KPA's work, including multiple claims filed for the same 
property, illegal reoccupation of properties, obstacles to registration 
of property titles, and delays in appointing members to the KPA 
appellate panel. Kosovo-Serbs in the northern part of Mitrovice/
Mitrovica continued to occupy Kosovo-Albanian-owned properties and 
denied their owners access; Kosovo-Albanians in the southern part of 
the municipality occupied and denied Kosovo-Serbs access to their 
property. During the year the KPA carried out only a fraction of the 
evictions for which it had orders due to concern by authorities that 
attempts to serve eviction notices would lead to violence. Limitations 
on the KPA's exercising its mandate in the north and a lack of criminal 
prosecution of property rights violators also hindered implementation 
of property rights decisions.
    The backlog of property-related claims in municipal courts remained 
high, with approximately 20,000 outstanding at year's end, representing 
almost exclusively monetary claims by Kosovo-Serbs for war-related 
damage.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government, EULEX, and KFOR generally respected these prohibitions 
in practice. KFOR forces retained the ability to assist local police 
and EULEX police in conducting searches for high-risk suspects, and 
independently to search private property for weapons without court 
orders, based on U.N. Security Council Resolution 1244's peacekeeping 
authority. During the year KFOR did not conduct any such searches.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The constitution and law provide for freedom of speech and 
press, and the government generally respected these rights in practice. 
However, there were reports that public officials, politicians, and 
businesses intimidated media representatives. The media also 
encountered difficulties in obtaining information from the government 
and public institutions, compounded by the failure of the government 
formed in February to appoint a spokesperson.
    Freedom of the Press: According to the Association of Professional 
Journalists of Kosovo (APJK), media outlets' financial difficulties 
left the editorial independence and journalistic professionalism of 
both print and television media vulnerable to outside influence and 
pressure. A few newspapers were financially self-sufficient and thus 
able to develop editorial policies independent of business and 
political interests. However, other newspapers relied on funding from 
businesses and political interest groups, as well as the government, 
which provided financial support in exchange for positive coverage or 
absence of critical coverage.
    The budget of the public broadcaster, Radio Television Kosovo 
(RTK), is controlled by the Assembly. The law provides for regulation 
of RTK program content and requires that at least 15 percent of RTK 
program time, including prime time, be dedicated to minority 
communities in their respective languages on a proportional basis.

    Violence and Harassment.--Through the end of the year, the APJK 
reported 33 instances of government officials, business interest 
groups, or media owners abusing press freedom, including making verbal 
threats to journalists and their agencies, pressuring outlets not to 
publish materials and articles, and obstructing the work of 
journalists. The APJK also reported that many journalists complained 
that editors often did not allow them to publish or broadcast stories 
critical of the government or particular officials due to editors' or 
media outlets' connections to, or preferences for, certain senior 
government officials. In some cases journalists reported that editors 
threatened to fire them if they continued to produce stories critical 
of the government. Five journalists reported that editors prevented 
them from producing stories on high-level government corruption.
    Censorship: While there was no direct censorship of print or 
broadcast media, journalists reported pressure from politicians and 
organized crime frequently resulted in self-censorship. Some 
journalists refrained from critical investigative reporting due to fear 
for their personal security or their jobs. Journalists were 
occasionally offered financial benefits in exchange for positive 
reporting or for abandoning an investigation, and government officials 
and suspected criminals verbally threatened some journalists for 
perceived negative reporting. According to editors, government agencies 
and corporations withdrew advertising from newspapers that published 
material critical of them.

    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, EULEX, and KFOR generally respected this right in 
practice.
    The law on public gatherings requires that organizers inform police 
of protests 72 hours prior to the event. Police are required to notify 
the organizers within 48 hours if the protest will be allowed.
    Vetevendosje (``Self-Determination'' Movement) reported that seven 
protesters were injured in a clash with police during a May 12 protest 
in front of two government buildings. The Vetevendosje activists 
initiated the violent protest against the visit of a senior Serbian 
government official. Police responded with tear gas when protesters 
threw stones and bags of paint at government buildings. Fifteen KP 
officers were injured, and protesters damaged government buildings and 
vehicles.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the government generally respected this 
right in practice.

    c. Freedom of Religion.--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 and EULEX generally respected these 
rights; however, interethnic tensions, roadblocks placed by Kosovo-Serb 
hardliners, and real and perceived security concerns restricted freedom 
of movement in practice.
    The government cooperated with the Office of the U.N. High 
Commissioner on Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    Police continued to assess the security situation as stable but 
fragile. Members of all ethnic communities continued to remain largely 
within or traveled between areas where their group comprised the 
majority.

    In-country Movement.--Roadblocks in the north put in place by Serb 
hardliners from July through the end of the year greatly limited 
movement there and in some cases cut off access to areas altogether in 
reaction to a joint EU-KFOR-Kosovo government effort to introduce legal 
Kosovo customs controls at northern border crossings. In addition, 
perceived risks and sporadic incidents of violence and intimidation 
continued to limit freedom of movement for Kosovo-Albanians in the 
north and Serbs in other parts of the country.
    On July 27, Serb hardliners attacked and set fire to the border 
facilities at Jarinje on the Kosovo-Serbia border.
    On September 28, nine KFOR soldiers sustained injuries in attacks 
by Kosovo-Serb hardliners at the Jarinje border control point. The 
hardliners used pipe bombs, semiautomatic weapons, a grenade, and 
vehicles against KFOR soldiers in an effort to break through a vehicle 
checkpoint and disrupt security and customs procedures at the border. 
Several Serb hardliners were also injured in the attack when KFOR 
forces responded in self-defense.
    On November 28, Serb hardliners protested KFOR efforts to remove a 
barricade near the village of Jagnjenica in Zubin Potok municipality. 
Protesters fired shots, threw firecrackers and Molotov cocktails, and 
used pipe bombs against KFOR personnel, injuring 29 KFOR personnel, 
including four KFOR soldiers who were seriously injured.

    Internally Displaced Persons (IDPs).--According to the UNHCR, at 
year's end there were 18,093 registered displaced persons within the 
country from the 1999-2000 conflict and subsequent violence, 54 percent 
of whom were Kosovo-Serbs, 40 percent Kosovo-Albanians, and 6 percent 
from Romani, Ashkali, and Egyptian communities. Significant numbers of 
additional IDPs, particularly Roma, Ashkali, and Egyptians, remained 
unregistered and uncounted by authorities, according to the Internal 
Displacement Monitoring Center (IDMC). Of the 4,100 persons displaced 
by riots in 2004, approximately 1,000 remained IDPs. Most IDPs remained 
in areas where their ethnic group was a numerical majority, according 
to the IDMC. An estimated 4,000 IDPs continued to live in collective 
centers under poor conditions and with intermittent assistance, 
according to the IDMC. Many unregistered displaced Roma, Ashkali, and 
Egyptians lived in informal settlements lacking electricity and other 
basic services.
    During the year the Ministry of Communities and Returns budgeted 
five million euros ($6.5 million) for return of and assistance to IDPs. 
International community donors also provided funding directly to 
implementing partners of projects for returns in coordination with the 
Ministry of Communities and Returns. The funds were spent on housing 
reconstruction, food and nonfood assistance, income generation grants, 
and basic support infrastructure, such as roads and water systems. 
However, a lack of housing and poor economic conditions remained 
principal impediments to return. Many IDPs also reportedly remained 
reluctant to return home because of security concerns, poor local 
services, and difficulties repossessing and rebuilding their property.

    Protection of Refugees.--Access to Asylum.--The law provides for 
granting of asylum or refugee status, and the government has 
established a system for providing protection to refugees. 
Administrative instructions to implement the law, such as procedures 
and standards for the reception and initial treatment of asylum 
seekers, and rights and obligations of asylum seekers, have been 
promulgated but not yet implemented. During the year the UNHCR 
continued to assist the Department of Citizenship, Asylum, and 
Migration in building its capacity to adjudicate claims, provide 
training to border police in identifying and processing individuals who 
request asylum at ports of entry, and prevent the return of persons to 
countries where their lives or freedom would be threatened. A national 
commission for refugees, established in 2010, began operations during 
the year. The government, in cooperation with the European Commission, 
was constructing a new reception center for asylum seekers in the 
Lipjan/Lipljan municipality.
    During the year 2,715 people were forcibly returned to the country, 
mainly from Western Europe. During the year the government increased, 
by tenfold over 2010, funding for reception and reintegration programs 
for involuntary returnees, primarily Romani, Ashkali, and Egyptian 
families and individuals returning from Western Europe. Despite this 
progress the U.N. Security Council's October 31 report stated that 
repatriated persons continued to face difficulties in accessing civil 
registration services, housing, health care, employment, and education.

    Durable Solutions.--At year's end the country hosted 146 refugees, 
mostly from neighboring countries.
    According to the UNHCR, during the year 188 asylum seekers applied 
for international protection in the country. The Department of 
Citizenship, Asylum, and Migration and the asylum center accommodated 
all asylum seekers. At year's end nine asylum seekers remained in the 
country.

    Stateless Persons.--Figures on stateless persons were unavailable, 
but the UNHCR reported assisting 13,135 persons from the Romani, 
Ashkali, and Egyptian communities to obtain civil status registration 
in recent years. Children acquire citizenship from their parents or by 
virtue of birth in the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide residents with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections based on universal 
suffrage.
    The Serbian government continued to operate illegal parallel 
government structures in Kosovo-Serb enclaves.

    Elections and Political Participation.--Recent Elections.--In 
December 2010 the country held snap Assembly elections, following a 
November 2010 Assembly vote of no confidence in the government. The 
elections carried into 2011. On January 9, the government held a re-
vote in the municipalities of Skenderaj/Srbica, Gllogovac/Drenas, and 
Decan/Decani as well as in three polling stations in Malisheve/Malisevo 
and Lipjan/Lipljan, where the Central Election Commission annulled 
results due to irregularities and electoral manipulations. On January 
23, the government organized a re-vote in the municipality of 
Mitrovice/Mitrovica as a result of a Supreme Court decision on a 
political party's appeal regarding failures of the ultraviolet ink and 
lamps used in the December 2010 round of elections.
    Domestic and international observers stated the elections met many 
international standards but noted serious irregularities and electoral 
manipulations in some areas, including breeches of election procedures, 
falsification of signatures on the voters' list, and irregularities in 
counting. They reported incidences of family voting (male heads of 
household voting on behalf of female family members) throughout the 
country. Observers also cited instances of pressure and intimidation of 
domestic observers.
    Following its constitutive session the Assembly approved the new 
coalition government, led by Prime Minister Hashim Thaci's Democratic 
Party of Kosovo, and elected Behgjet Pacolli as president on February 
22. On March 30, following a request by opposition parties, the 
Constitutional Court ruled that the Assembly's election of President 
Pacolli violated the constitution because there was not a valid quorum 
to conduct the vote and due to the failure of more than one candidate 
to contest the election. In its decision the court declared that the 
Assembly's vote was no longer in force and immediately ended Pacolli's 
mandate. Political leaders subsequently agreed on a consensus 
candidate, and on April 7, the Assembly elected Atifete Jahjaga as 
president. The political agreement was based on significant electoral 
reform, which continued at year's end.

    Political Parties.--Political parties could operate without 
restriction or outside interference, but party affiliation played an 
important role in access to government services and social and 
employment opportunities. Clan loyalties also played an important, 
although unofficial, role in political organizations.

    Participation of Women and Minorities.--There were 40 women in the 
120-seat Assembly. The electoral law requires a 30 percent quota for 
female parliamentarians. There were no women on the six-member Assembly 
presidency. In the government there were two female deputy prime 
ministers and two female ministers (one served concurrently as a deputy 
prime minister). There were no female deputy ministers. While no women 
were elected in the 2010 mayoral elections, women represented 31 
percent of elected municipal representatives.
    There were 25 ethnic minority members in the Assembly, including 13 
Kosovo-Serbs and 12 members of other groups, including ethnic Turks, 
Bosniaks, Gorani, Roma, Ashkali, and Egyptians. The constitution 
requires that the Assembly reserve 10 seats for Kosovo-Serbs and 10 for 
members of other ethnic groups.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and 
officials reportedly engaged in corrupt practices. There was widespread 
public perception of corruption in the government. International 
organizations and nongovernmental organizations (NGOs) continued to 
report that corruption was a serious problem. A lack of effective 
judicial oversight and general weakness in the rule of law contributed 
to corruption in the government. The institutional weakness of the 
Anticorruption Agency also contributed to lax oversight of 
anticorruption efforts. In November the European Commission reported 
some progress in the fight against corruption, including the 
government's ``starting to tackle some of the corruption cases.''
    On September 20, investigators from the EULEX Special Prosecutor's 
Office interviewed former minister of transport and telecommunications 
and assembly member Fatmir Limaj related to an investigation. 
Investigators suspected Limaj of embezzling as much as 80 million euros 
($104 million) from the ministry and through tendering procedures 
during his tenure as minister. On November 16, in response to a request 
of the EULEX Special Prosecutor's Office, the Supreme Court granted a 
final six-month extension to the investigatory period in the case.
    On May 3, an appeals panel confirmed the indictment against five 
citizens for trafficking in human organs, organized crime, unlawful 
medical activities, and abuse of official authority in 2008. The 
charges related to the Medicus Clinic in Pristina, which the KP closed 
in 2008 after a months-long investigation for the international 
trafficking of organs. On June 10, a EULEX prosecutor from the Special 
Prosecutor's Office filed an additional indictment against two 
individuals. The trial began on October 4 at Pristina District Court 
before a panel of one Kosovo and two EULEX judges. All seven defendants 
pleaded not guilty. The trial continued at year's end.
    Corruption and government influence remained problems in the 
security forces. In June the KP Anticorruption Task Force arrested 
eight KP officers from the Mitrovice/Mitrovica Operations Support Unit 
on charges of corruption and taking bribes. The officers were suspected 
of extorting money from truck drivers at vehicle checkpoints. The case 
continued at year's end.
    On December 15, a mixed panel of EULEX and Kosovo judges in the 
Pristina District Court dismissed all five counts of a corruption-
related EULEX indictment against former Central Bank of Kosovo governor 
Hashim Rexhepi due to lack of evidence. EULEX initially filed an 
indictment against Rexhepi on suspicions of abuse of official position, 
corruption, bribery, tax evasion, and money laundering in August 2010.
    On September 8, the pretrial judge in the Pristina District Court 
dismissed all charges against customs director Naim Huruglica and 
customs legal advisor Lulzim Rafuna for involvement in a scheme to 
deprive the government of 2.5 million euros ($3.3 million) in cigarette 
tax revenue. The judge ruled that EULEX prosecutors had no credible 
evidence to secure a conviction. However, on October 19, a mixed panel 
of Kosovo and EULEX judges in the District Court of Pristina decided to 
uphold partially an appeal by the prosecution and confirmed one count 
of the indictment, abuse of official position.
    The Anticorruption Agency and the Office of the Auditor General 
(OAG) are the two major agencies responsible for combating corruption 
in the government. During the year the Anticorruption Agency received 
approximately 150 reports of corruption in addition to 67 cases that 
carried over from 2010; 25 cases were referred for prosecution, 10 were 
passed to the KP, approximately 100 were closed for lack of evidence, 
and approximately 70 were under investigation.
    The OAG reviewed fiscal management and accountability in the 
central government, municipal authorities, and publicly owned 
enterprises. During the year the OAG audited most ministries, the 
president's office, and the Assembly.
    The law provides for public access to government information as 
well as penalties for institutions and officials that do not provide 
access to information as required by the law.
    A study conducted by the NGO FOL (``Speak Up'') covering the period 
from May 2010 to May 2011 indicated that approximately 48 percent of 
requests for access to official documents (sent randomly to local and 
central authorities) received positive responses.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. The government was 
occasionally cooperative and responsive to their views. The government 
from time to time met with domestic NGO monitors, responded to their 
inquiries, or took action in response to their reports or 
recommendations.
    Governmental Human Rights Bodies: The Office of the Ombudsperson 
has the authority to investigate allegations of human rights violations 
and abuse of government authority. The ombudsperson was considered 
ineffective, and a number of senior and experienced staff members 
resigned from the office during the year. Up to the end of September, 
the office issued only one public statement regarding human rights 
violations. The statement was unrelated to government institutions and 
thus outside the scope of the ombudsperson's authority, and it 
contained factual inaccuracies regarding the situation it sought to 
address. The European Commission's Progress Report on Kosovo 2011 noted 
the weaknesses of the ombudsperson's institution and cited the need for 
the ombudsperson to improve communication with the public on the 
results of his work.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law specifically prohibits discrimination on the basis of race, 
gender, ethnic origin, disability, social status, or language. The 
government did not effectively enforce these prohibitions.

    Women.--Rape and Domestic Violence.--Although the law criminalizes 
rape, spousal rape is not specifically addressed. Under the criminal 
code, rape is punishable by two to 10 years in prison; statutory rape 
(sexual intercourse with a child under 16 years old) is punishable by 
five to 20 years in prison. Rape involving homicide is punishable by 
imprisonment for 10 to 40 years. Observers believed that rape was 
significantly underreported due to the cultural stigma attached to 
victims and their families.
    Domestic violence against women, including spousal abuse, remained 
a serious and persistent problem. The law prohibits domestic violence, 
and convictions carry prison terms of six months to five years. The law 
treats domestic violence as a civil matter unless the victim suffers 
bodily harm. Failure to comply with a civil court's judgment relating 
to a domestic violence case is a criminal offense and can be 
prosecuted. When victims pressed charges, police domestic violence 
units conducted investigations and transferred cases to prosecutors. 
According to the Special Prosecutor's Office, family loyalties, 
poverty, and the backlog of cases in both civil and criminal courts 
contributed to the low rate of prosecution.
    Convictions for domestic violence were rare, and sentences ranged 
from judicial reprimands to imprisonment. Traditional social attitudes 
towards women in the male-dominated society contributed to the high 
level of domestic abuse and low number of reported cases.
    The Ministry of Labor and Social Welfare had a unit dedicated 
solely to dealing with family violence. The ministry provided some 
financial support to NGOs running shelters for domestic violence 
victims that also accommodated some trafficking victims. The ministry 
also provided social services through social welfare centers. Several 
domestic and international NGOs pursued activities to assist women; 
however, they were constrained by a tradition of silence concerning 
domestic violence, sexual abuse, and rape.
    The police training school offered special courses on domestic 
violence and rape. Police reportedly responded appropriately to rape 
and domestic abuse allegations.

    Sexual Harassment.--There is no specific law against sexual 
harassment, which was a common problem. Women's rights organizations 
indicated that sexual harassment commonly occurred on the job but went 
unreported due to fear of being fired or subjected to physical 
retaliation. Public awareness of sexual harassment remained low, and 
few cases were reported.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and have the information and means to do so free from 
discrimination, coercion, and violence. The law protects the 
reproductive rights of individuals and couples, including the right to 
information and access to reproductive services. In practice the 
government generally respected reproductive rights. The U.N. Population 
Fund reported that access to reproductive health information and 
treatment was generally widespread and equitable, but poor, 
marginalized, and illiterate communities often received limited access 
to information. Public health care provided limited treatment for 
sexually transmitted infections.

    Discrimination.--Women possess the same legal rights as men but 
traditionally have a lower status within the family, which affected 
their treatment within the legal system. The Agency for Gender Equality 
in the Prime Minister's Office has the mandate to implement and monitor 
the gender equality law.
    Relatively few women obtained upper-level management positions in 
business, police, or government. Women represented less than 30 percent 
of the government workforce. According to the Business Registration 
Agency, women owned fewer than 5 percent of registered businesses.
    While the law makes no gender distinction in the right to inherit 
property, family property customarily passes only to men. In rare cases 
Kosovo-Albanian widows, particularly in rural areas, risked losing 
custody of their children due to a custom calling for children and 
property to pass to the deceased father's family while the widow 
returns to her birth family.

    Children.--Birth Registration.--Children acquire citizenship from 
their parents or by virtue of birth in the country. According to a 2008 
U.N. Children's Fund (UNICEF) study, 14 percent of Romani, Ashkali, and 
Egyptian children in Kosovo-Albanian-majority areas were not registered 
at birth. In Kosovo-Serb-majority areas, 5 percent of these children 
were not properly registered. UNICEF reported that, as a rule, a lack 
of registration did not affect a child's ability to receive elementary 
education or health care but could have an adverse effect on access to 
social assistance.

    Child Abuse.--The extent of child abuse in the country was unknown, 
but UNICEF believed it was underreported significantly due to lack of 
awareness and victim services as well as authorities' limited capacity 
to identify, report, and refer cases of abuse.

    Child Marriage.--There was anecdotal evidence of child marriage, 
particularly in the Romani, Ashkali, Egyptian, and Kosovo-Albanian 
communities. The government and NGOs did not compile statistics on 
child marriage.

    Sexual Exploitation of Children.--Statutory rape is a criminal 
offense punishable by five to 20 years in prison, depending on 
circumstances and the age of the victim.
    The law prohibits possession, production, and distribution of child 
pornography. Persons who produce, use, or involve a child in making or 
producing pornography are subject to one to five years' imprisonment. 
Distribution, promotion, transmission, offer, or display of child 
pornography is punishable by six months' to five years' imprisonment. 
Possession or procurement of child pornography is punishable by fine or 
imprisonment of up to three years.

    International Child Abductions.--The country is a not party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--There were fewer than 100 Jews in the country. In 
late November unknown persons painted swastikas on all of the 
approximately 80 tombstones in a Jewish cemetery in Pristina. 
Government officials, religious communities, and associations strongly 
denounced the desecration of the graves. The Ministry of Culture's 
Institute for the Protection of Monuments cleaned the graves and 
pavement in the cemetery following the incident, removing the paint. 
The KP was investigating the case at year's end but had no suspects.

    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 law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, and in the provision of other state services. However, the 
situation for persons with disabilities remained difficult. The 
government did not effectively implement laws and programs to provide 
persons with disabilities access to buildings, information, and 
communications. The Office of the Ombudsperson itself was not 
accessible for persons with physical disabilities.
    The Ministry of Labor and Social Welfare is the government agency 
responsible for protecting the rights of persons with disabilities. By 
law protection and provision of services is offered to all citizens. 
However, there was considerable discrimination in practice, and 
ensuring the rights of persons with disabilities was not a government 
priority. Kosovo Mental Disability Rights International (K MDRI) found 
that the government was failing to implement its national action plan 
for people with disabilities and highlighted failures of the Ministry 
of Labor to provide opportunities for persons with disabilities to be 
integrated into society.
    According to HandiKos, a local disability rights NGO, authorities 
did not adequately implement laws and governmental action plans 
relating to persons with disabilities. As a result children with 
disabilities were often excluded from educational opportunities, were 
not professionally evaluated, and lacked sufficient access to health 
and social services.
    There were legal protections for children with disabilities. 
According to the Ministry of Education, there were seven special 
residential schools for children with disabilities and 77 special needs 
classrooms attached to regular schools. The ministry reported that at 
year's end 1,179 pupils were receiving special education. According to 
the U.N. Development Program (UNDP), children with disabilities faced a 
number of barriers to access to mainstream educational facilities, 
including the lack of transportation to and from educational 
facilities, special training for teachers, and appropriate 
infrastructure. As a result, only 10 percent of children with 
disabilities were enrolled in mainstream schools. The Ministry of Labor 
lacked funding and personnel to implement laws to provide support to 
families of children with disabilities.
    According to K MDRI and the CPT, persons with mental disabilities 
continued to be detained without legal basis in isolated conditions. K 
MDRI noted that there is no law to regulate the process of committing 
persons to psychiatric or social care facilities or to protect their 
rights within institutions. The World Health Organization (WHO) 
estimated there were 14,000 persons with mental disabilities in the 
country. K MDRI reported an estimated 50,000 persons with mental 
disabilities living isolated and stigmatized lives outside of 
institutions.
    The government-operated Shtime/Stimlje Institute maintained a 
facility for persons with developmental or intellectual disabilities 
with 56 residents run by the Ministry of Labor and a separate 
psychiatric facility with 57 residents, run by the Ministry of Health. 
Citing insufficient training for staff and a lack of rehabilitative 
programming for patients and residents, K MDRI advocated closing the 
Shtime/Stimlje facility and placing its patients and residents into 
homes and apartments in urban areas where they could be integrated in 
the community.
    During the year the Ministry of Health hired a person with special 
needs to conduct outreach to persons with disabilities. The ministry 
operated eight integration and community homes across the country, 
providing inpatient care for 75 persons with mental disabilities. In 
addition the Ministry of Labor operated another 10 community homes with 
approximately 10 to 15 residents in each facility. K MDRI reported that 
while these homes were intended to be transitional, most residents 
spent years there with little prospect of integration into the 
community. According to the WHO there were not enough facilities to 
provide care for persons with mental disabilities, and employment 
opportunities for persons with mental disabilities were limited.

    National/Racial/Ethnic Minorities.--Ethnic minorities, which 
included Serb, Romani, Ashkali, Egyptian, Turkish, Bosniak, Gorani, 
Croat, and Montenegrin communities, faced varied levels of 
institutional and societal discrimination, in areas such as employment, 
education, social services, language use, freedom of movement, IDPs' 
right to return, and other basic rights.
    Members of the Romani, Ashkali, and Egyptian communities were 
subject to pervasive social and economic discrimination; often lacked 
access to basic hygiene, medical care, and education; and were heavily 
dependent on humanitarian aid for survival. An OSCE report in May found 
that, despite steps taken by the government to implement an action plan 
for the integration of Romani, Ashkali, and Egyptian communities, 
governmental institutions had fallen short of fulfilling their 
commitments to create appropriate conditions for their integration. 
Reports of violence and other crimes directed at minorities and their 
property persisted.
    There were clashes between groups of Kosovo-Albanians and Kosovo-
Serbs during the year as well as incidents of interethnic violence at 
border points from July through late November.
    On November 9, in the ethnically mixed neighborhood of Brdjani/Kroi 
i Vitakut in North Mitrovica, a fight broke out which resulted in the 
shooting of two Kosovo-Serb civilians and one KP officer (also a 
Kosovo-Serb). One Kosovo-Serb civilian later died of his injuries. The 
fight reportedly began after a Kosovo-Albanian security guard in the 
neighborhood saw Kosovo-Serbs removing construction materials from a 
Kosovo-Albanian house under renovation there. The case remained under 
investigation at year's end.
    On October 20, a Kosovo-Albanian, Nasif Visoqi, shot and killed one 
Kosovo-Serb man and injured two others in Dobrusa village in Istog/
Istok municipality in a land dispute. Visoqi turned himself in to 
police, confessed to the attack, and remained in custody at year's end. 
No date was set for a trial in the case.
    During events to mark the Serbian Vidovdan holiday in the country 
on June 27 and 28, unknown persons stoned three Serbian busses, causing 
reported damage to windows and light injuries to several passengers. KP 
arrested two Kosovo-Serbs for ``inciting national hatred'' when they 
dressed in the full military uniform of the extremist Chetnik movement 
during the Vidovdan events.
    On September 22, September 26, October 6, October 12, and October 
30, ethnic Albanian Vetevendosje activists attacked trucks with Serbian 
license plates carrying commercial goods into the country. In the 
attacks the Vetevendosje activists dressed as road workers and stopped 
the trucks, removed and damaged the goods they carried, and in four 
instances rolled the trucks over. In the September 26 attack, the 
driver reported that the activists assaulted him, and he received 
medical attention afterwards. All cases were under investigation by the 
KP at the year's end.
    The KP arrested and later released two ethnic Albanians for stoning 
a bus carrying Serbs to visit a cemetery in Gjakove/Gjakova for All 
Souls' Day on June 11. There were no injuries or material damage 
reported in the case.
    According to a 2010 report prepared by the prime minister's Office 
of Community Affairs, minority employment in public institutions was 
limited and generally confined to lower levels of the government. The 
report recommended that the government more actively reach out to 
minorities and implement reporting, recruiting, training, equal 
opportunity, and language procedures. There was no effective mechanism 
for monitoring levels of minority employment in public institutions.
    In education the law requires equal conditions for schoolchildren 
regardless of mother tongue and provides the right to native-language 
public education for minority students through secondary school. 
However, the Ministry of Education, Science, and Technology and 
international organizations reported that school enrollment rates were 
lowest among non-Serb minority communities (Ashkali, Bosniak, Egyptian, 
Gorani, Romani, Turkish, and others), and the European Commission's 
Progress Report on Kosovo 2011 noted little improvement in access to 
education for minority communities. The UNDP's 2010 Kosovo Human 
Development Report stated that nearly all Kosovo-Albanian and Kosovo-
Serb children were enrolled in primary school, while only 77 percent of 
children of other ethnic groups were enrolled. Romani, Ashkali, and 
Egyptian children attended mixed schools with Kosovo-Albanian and 
Kosovo-Serb children and reportedly faced intimidation and bullying in 
some majority Albanian areas. Romani children tended to be 
disadvantaged by poverty, leading many to start work at an early age to 
contribute to family income.
    There were numerous reports that Kosovo-Serbs had difficulty 
accessing their property, which was sometimes occupied or used by 
Kosovo-Albanians. The KPA reported it faced frequent cases of illegal 
occupation and reoccupation of properties, with many properties 
vandalized or destroyed.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The constitution and law 
prohibit discrimination based on sexual orientation. However, there 
were reports of violence and discrimination directed against LGBT 
individuals. The Center for Social Group Development (CSGD), a local 
NGO focused on LGBT health issues, reported that traditional societal 
attitudes about homosexuality intimidated most gays and lesbians into 
concealing their sexual orientation. LGBT individuals generally felt 
insecure, and many reported threats to their personal safety.
    The print media at times reinforced negative attitudes by 
publishing articles about homosexuality that characterized LGBT persons 
as mentally ill. Leaders of at least one political party, the Islamic-
oriented Justice Party, made public statements condemning 
homosexuality.
    The CSGD reported that while there was little official 
discrimination against LGBT persons, there were a number of cases of 
societal discrimination against LGBT individuals during the year. 
Victims generally refused to allow the CSGD to present their cases 
publicly due to fear of discrimination. While there were no overt 
impediments to the CSGD's operation, social pressure and traditional 
attitudes effectively limited its activities.
    There was no official discrimination in employment, housing, 
statelessness, access to education, or health care, but societal 
pressure persuaded virtually all LGBT persons to conceal their sexual 
orientation or gender identity.

    Other Societal Violence or Discrimination.--While there were no 
confirmed reports of official discrimination against persons with HIV/
AIDS during the year, there were anecdotal reports that such 
discrimination occurred.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
Law and regulations allow workers to form and join independent unions 
of their choice without previous authorization or excessive 
requirements. While the law does not expressly recognize the right to 
strike, strikes were generally permitted in practice. The law permits 
unions to conduct their activities without interference. Government 
regulations provide for the right to organize and bargain collectively 
without interference or restriction. Antiunion discrimination is 
prohibited by regulation.
    In practice the government did not restrict the right to organize 
and bargain collectively and allowed unions to conduct activities 
without interference.
    In general the government respected the right to form and join 
unions; however, private companies at times threatened their employees 
when they joined or established unions. Some union officials reported 
antiunion discrimination in practice. The Association of Independent 
Trade Unions of Kosovo (BSPK) and the Confederation of Free Unions 
(CFU) reported that only a small number of companies respected 
regulations preventing antiunion discrimination and claimed that worker 
rights were abused in every sector, including in international 
organizations, where staff did not receive pensions.

    b. Prohibition of Forced or Compulsory Labor.--The criminal code 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred.
    Also see the Department of State's Trafficking in Persons Report at 
www.state.gov/j/tip.

    c. Prohibition of Child Labor and Minimum Age for Employment.--
Regulations prohibit exploitation of children in the workplace, 
including a prohibition of forced or compulsory labor; however, with 
the exception of trafficking, the government rarely challenged these 
practices.
    Regulations permit children to work at the age of 15, provided the 
employment is not harmful or prejudicial to school attendance. 
Regulations set 18 as the minimum age for any work likely to jeopardize 
the health, safety, or morals of a young person.
    Child labor remained a problem. According to UNICEF, in recent 
years the number of children begging on the streets of towns and cities 
rose, although the overall number of child beggars remained unknown. 
While most children were not their families' main wage earners, child 
labor served as a major contribution to many families' income.
    In rural areas young children typically assisted their families in 
agricultural labor. Urban children often worked in a variety of 
unofficial retail jobs, such as selling newspapers, cigarettes, and 
phone cards on the street. Some children were also engaged in physical 
labor, such as transportation of goods. International NGOs active in 
the country continued to report child labor violations during the year.
    The Ministry of Labor coordinated child protection policies for the 
government, and police had the lead on enforcing child labor laws. The 
ministry established a system for monitoring incidents of child labor 
in municipalities.replace faulty url deg.
    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 is no law establishing a 
minimum wage. The Social Economic Council, comprised of the government, 
chamber of commerce, and an association of trade unions agreed in 2010 
to set the national minimum wage at 170 euros ($221) per month, which 
was generally respected albeit not enforceable as law. The World Bank's 
Consumption Poverty Report 2009 indicated that slightly more than one-
third of the population lived below the poverty line of 1.55 euros 
($2.02) per adult equivalent per day, and 12 percent lived below the 
extreme poverty line of 1.02 euros ($1.33) per day. The average monthly 
salary in the country was 345 euros ($449).
    Regulations provide for a standard 40-hour workweek, require rest 
periods, limit the number of regular hours worked to 12 hours per day, 
limit overtime to 20 hours per week and 40 hours per month, require 
payment of a premium for overtime work, and prohibit excessive 
compulsory overtime. The law provides for 20 days of paid leave per 
year for employees and up to12 months of maternity leave.
    During the year employers often failed to abide by official labor 
standards due to a lack of government enforcement, particularly with 
regard to the standard workweek and compulsory and unpaid overtime. 
Employees often did not report such violations due to fear of 
reprisals. According to the BSPK, many individuals worked long hours in 
the private sector as at-will employees without employment contracts, 
regular pay, or pension contributions paid on their behalf. Employees 
reported being fired without cause in violation of existing laws and 
being denied holidays. Women's rights organizations indicated that 
sexual abuse occurred on the job but went unreported due to fear of 
expulsion or physical retaliation. According to union officials, 
workers in the public sector commonly faced similar mistreatment, 
including sexual harassment and the loss of employment due to political 
party affiliation.
    The Labor Inspectorate within the Ministry of Labor is responsible 
for enforcing labor, health, and safety standards. There were 50 labor 
inspectors. However, the inspectorate primarily advised employers and, 
although it issued 792 citations for various labor standard violations 
during the year, many fines remained unpaid pending litigation.
    While the law protects employees' health and working conditions, 
many private and public institutions failed to comply with it. Labor 
inspectorate officials reported difficulties in obtaining accurate 
information because workers rarely disclosed the problems themselves in 
spite of legal protections. The Ministry of Labor reported 10 workplace 
fatalities and 31 workplace accidents during the year.

                               __________

                                 LATVIA

                           EXECUTIVE SUMMARY
    The Republic of Latvia is a multiparty parliamentary democracy. 
Legislative authority is vested in the unicameral parliament (Saeima). 
Elections on September 17 for the 100-seat parliament were free and 
fair. Security forces reported to civilian authorities.
    The most significant human rights problem affecting Latvia was 
corruption, which was perceived to exist at all levels of government. 
Conditions at police detention facilities and prisons remained poor, 
although the government made efforts to improve them. The problems 
related to both inadequate facilities and abuse of prisoners by guards. 
Violence against women, including rape and domestic violence, remained 
a persistent problem during the year with incidents underreported to 
police.
    Other human rights problems included police abuse of detainees, 
lengthy pretrial detention, delays in court proceedings, political 
interference in state-owned media, and administrative burdens for 
public demonstrations and on ``nontraditional'' religious groups. 
Noncitizens, who constituted some 16 percent of the adult population, 
naturalized at a slow rate and did not participate in the election 
process. Other problems reported during the year included an 
ineffective ombudsman's office, sex tourism, incidents of anti-
Semitism, trafficking in persons, and societal discrimination against 
sexual minorities.
    The government generally took adequate steps to prosecute officials 
who committed abuses, although concerns existed regarding impunity in 
corruption matters.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings in their official capacity.

    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 and law prohibit such practices; however, 
there were reports that government officials employed them. Independent 
local organizations continued to express concerns about police 
behavior, and there were reports that police continued to abuse persons 
in custody. In the first nine months of the year, the Internal Security 
Bureau of the state police received 184 complaints of alleged police 
violence. Of these complaints, 131 cases were not substantiated, 12 
criminal procedures were initiated, 33 cases were closed, and eight 
cases remained under investigation at year's end.
    During the year the ombudsman's office received six complaints 
regarding mistreatment by police and seven about mistreatment by prison 
officials.

    Prison and Detention Center Conditions.--Conditions in some of the 
country's 12 prisons and detention centers remained poor, and most did 
not meet international standards. The government acknowledged these 
problems and took some steps during the year to remedy them. The 
government permitted monitoring visits by the ombudsman and other 
independent human rights observers, and such visits occurred. During 
the year the government adopted alternative sentencing measures 
(including reduced sentences and rehabilitation programs) for 
nonviolent offenders.
    Prison authorities opened 13 investigations into cases of violent 
deaths of prison inmates. In five of these cases investigators found 
that the victims committed suicide. Investigations in the other eight 
cases continued at year's end.
    On March 28, an inmate committed suicide while in solitary 
confinement at the state police regional detention facility in Riga. An 
investigation into criminal negligence by police officers who detained 
the man continued at year's end.
    During the year the ombudsman's office received 164 complaints and 
the state police seven complaints about poor conditions in prisons and 
other detention facilities, compared with 67 complaints to the 
ombudsman's office in 2010. Complaints included inadequate privacy in 
living spaces and bathrooms, severely dilapidated physical plants, lack 
of heat, inadequate sanitary facilities and places to sit, lack of hot 
water, insufficient work and educational opportunities, and inadequate 
access to open space and fresh air. Prisoners generally had access to 
potable water. Health care services for inmates, which are managed by 
the Prison Administration, were not adequate. During the year the 
ombudsman delivered several memoranda to the Ministry of Justice and 
the Prison Administration noting that inmates' living conditions in 
various detention facilities did not meet international standards and 
charging that the government did not implement the ombudsman's 
recommendations. Nongovernmental organizations (NGOs) argued the 
ombudsman's office was not aggressive enough in this area.
    On July 19, the Council of Europe's Committee for the Prevention of 
Torture (CPT) published the report of a follow-up visit to the country 
in 2009. In the Jekabpils Prison, where the delegation had found 
serious problems in 2007, the CPT found improvements. However, the 
delegation did receive some allegations of continued physical 
mistreatment of prisoners by prison officers, including kicks, blows 
with truncheons, and other rough treatment mainly of prisoners held in 
Unit 3. The delegation also heard allegations of violence between 
prisoners at Jekabpils Prison. The admission cell, which held incoming 
prisoners usually for their first four days at the prison, also had 
limited access to natural light and ventilation. At Daugavgrivas Prison 
the delegation found the same improper conditions in the cells.
    Observers expressed concern that corruption and a lack of 
professionalism in the Prison Administration contributed to problems in 
prisons and detention centers. The Ministry of Justice temporarily 
halted two projects begun in 2010 to improve management at state 
prisons, citing concerns over mismanagement. There were also 
allegations of mismanagement of the tender for renovation of the Cesis 
Juvenile Detention Center. Based on these and other concerns, the 
Ministry of Justice initiated disciplinary proceedings against 
Visvaldis Pukite, chief of the Prison Administration. The ministry 
concluded in November that Pukite was negligent in supervising various 
projects, reduced his salary by 20 percent for six months, and ordered 
him to address underlying accounting and management problems. It also 
imposed disciplinary fines on seven other Prison Administration 
officials.
    At the end of the year the Ministry of Justice reported that 6,558 
persons were held in the prison system, which had a total capacity of 
7,970 persons. Of these, 2,033 were detainees awaiting trial or the 
outcome of their appeals, and 4,525 were convicted inmates. Detainees 
and convicted inmates occasionally were incarcerated together. Male 
prisoners were held in 10 prisons throughout the country.
    The prison population included 63 juvenile males. Most of these 
prisoners were held at a separate juvenile facility in Cesis that was 
equipped with a school funded by the state. The capacity of the Cesis 
facility was 174. NGOs reported that a few juvenile males were held 
during the year in a separate area (not in the general population) at 
the Riga Central Prison, where they had access to state-funded 
education. At the end of the year 13 juveniles were held in regular 
adult detention facilities. Although the Ministry of Justice stated 
such cases were temporary and rare, the ombudsman's office expressed 
concern that during pretrial detention some juveniles were held for 
long periods at these facilities, where they were isolated and had no 
access to education.
    The prison population included 416 women held in a separate women's 
prison with a capacity of 385. The country's three juvenile female 
prisoners were held in a separate wing of the women's prison. The 
ombudsman's office and NGOs considered the physical conditions and 
management at the women's prison to be better than at other facilities 
and generally adequate. Nevertheless, inmate complaints about the 
strict management style of the new director of the women's prison led 
the Prison Administration to transfer the director to a different post.
    In general prisoners had reasonable access to visitors. The Prison 
Administration allowed prisoners and detainees to observe religious 
practices with some limitations, including security-related 
restrictions on religious articles kept in cells and dorm rooms. In 
March the Constitutional Court ruled in favor of a challenge against 
these restrictions by a group of prisoners, noting inconsistency 
between facilities in the application of these restrictions. The court 
ordered the government to revise these restrictions to reflect clear 
criteria related to safety and to ensure consistent application. At the 
end of the year the Ministry of Justice continued to work on revising 
these restrictions.
    Authorities allowed prisoners and detainees to submit complaints to 
judicial authorities without censorship. Authorities generally 
investigated credible allegations of inhumane conditions and documented 
the results of such investigations in a publicly accessible manner. The 
ombudsman's office monitored conditions at prisons and detention 
facilities. Ministry of Justice and other government officials 
investigated and monitored prison and detention center conditions. Some 
NGOs, however, criticized the requirement that all prisoner complaints 
be submitted in the Latvian language.
    Although NGOs acknowledged that the government made some 
improvements in conditions in prisons and other detention facilities, 
they agreed that the worst conditions remained unremedied. During the 
year the government allocated three million lats ($6 million) over 
three years to address specific prisoner complaints (e.g., broken 
windows and plumbing fixtures) at existing prison facilities. In June 
the government directed the Justice Ministry and the Health Ministry to 
ensure that inmates had access to Latvia's state-funded medical system.
    During the year the Ministry of Interior opened a new detention 
facility for undocumented aliens and asylum seekers in Daugavpils, 
replacing the seriously deficient Olaine facility. NGOs reported that 
the new Daugavpils facility met international standards.
    During the year the Prison Administration completed work on the 
Cesis Juvenile Detention Facility, including a new building for 
pretrial detainees and renovation of the existing building for 
sentenced inmates. Although this project remedied problems with the 
physical conditions, observers continued to express concerns about the 
facility. The Children's Rights Protection Agency, a government 
institution reporting to the Ministry of Welfare, highlighted numerous 
problems, including physical and emotional abuse by officials and an 
atmosphere that encouraged violence among inmates. In response, the 
Prison Administration transferred the director to another facility.
    During the year the government began construction of a separate 
facility within the Olaine Prison for prisoners with special needs, 
including alcohol and drug addiction.
    The government generally permitted independent monitoring of 
prisons and detention centers by international and local human rights 
groups. The CPT visited prisons and detention facilities in September. 
As of year's end, the CPT had not publicly released a report on its 
visit.

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

    Role of the Police and Security Apparatus.--The state police, 
security police, and state border guards are subordinate to the 
Ministry of Interior. Municipal police are under local government 
control. Military forces, the Military Counterintelligence Service, the 
Protective Service, and the National Guard are subordinate to the 
Ministry of Defense. The state police and municipal police forces 
shared responsibility for maintaining public order, but only the state 
police were authorized to carry out criminal investigations. The 
security police were responsible for combating terrorism and other 
internal threats. The military and the National Guard primarily were 
responsible for external security.
    Civilian authorities maintained effective control over security 
forces, and the government had effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the security forces during the year.

    Arrest Procedures and Treatment While in Detention.--The law 
requires that persons be arrested openly, with warrants issued by an 
authorized judicial official, except in exceptional cases specifically 
defined by law (e.g., apprehension in the act, eyewitness 
identification of suspect, or flight risk). The law requires the 
prosecutor's office to charge or release an individual under arrest 
within 48 hours, and authorities generally respected these requirements 
in practice. Detainees were promptly informed of charges against them. 
Although there is a bail system, it was used infrequently and applied 
most often in cases of economic crimes.
    The government provided attorneys for indigent defendants. 
Detainees have the right to have an attorney present during 
questioning, and usually but not always were informed of that right. 
Investigators sometimes conducted unscheduled interrogations of 
detainees, or ``talks,'' without legal counsel. The ombudsman continued 
to criticize these ``talks.''
    Authorities permitted detainees prompt access to family members.

    Pretrial Detention.--The law limits pretrial detention to no more 
than 15 months from the first filing of the case (with the possibility 
of extending the time to a maximum of 21 months) for the most serious 
crimes and less for minor offenses. NGOs continued to express concern 
about the length of pretrial detentions in practice.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
this provision in practice; however, there were significant problems, 
including inefficiency.

    Trial Procedures.--The constitution and law provide for the right 
to a fair, public trial, and most judges enforced this right; however, 
the fairness of individual court decisions, of judges, and of the 
judicial system in general remained a concern. At year's end the 
ombudsman's office reported that it opened 63 investigations into 
complaints about the fairness of trials and courts.
    The ombudsman and NGOs expressed concern that long judicial delays 
effectively prevented access to the justice system in some cases. The 
problem was especially acute in the administrative courts, where even 
trivial matters could take up to two years for an initial hearing, but 
significant backlogs existed in the civil and criminal courts as well. 
The government took some steps during the year to address the problem, 
including allowing some cases to be decided on written pleadings, 
introducing a ``small claims'' system, and passing legislation allowing 
specialized ``land book'' judges to hear some general civil cases.
    Defendants enjoy a presumption of innocence. Trials are generally 
public, but some may be closed to protect government secrets or the 
interests of minors. A single trial judge hears most cases. Defendants 
have the right to consult with an attorney in a timely manner, at 
government expense if they are indigent. Defendants have the right to 
be present at their trials. In closed trials defendants are subject to 
criminal sanction if they reveal any details of the case outside the 
courtroom. Defendants have the right to read charges, confront and 
question witnesses against them, call witnesses, and offer evidence to 
support their cases. Defendants and their attorneys have access to 
government-held evidence relevant to their cases and may appeal to the 
highest levels in the judicial system.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court of Human Rights (ECHR) issued 12 decisions in cases 
involving Latvia, finding a violation of the European Convention on 
Human Rights in10 of those cases. In general the country promptly 
complied with judgments of the ECHR.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters, including access 
to a court to bring lawsuits seeking damages for, or cessation of, a 
human rights violation. Judgments on human rights matters can be 
appealed to the ECHR. The government generally upheld the law 
concerning civil procedures and generally enforced civil court orders.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The constitution and law provide for freedom of speech and 
press, and the government generally respected these rights in practice. 
However, observers expressed concern over the independence and 
transparency of the news media.

    Freedom of Speech.--The law criminalizes incitement to racial or 
ethnic hatred and spreading false information about the financial 
system.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views usually without restriction.

    Violence and Harassment.--In February, Ilze Nagla, a journalist 
whose home was searched in 2010 pursuant to an extraordinary warrant in 
connection with her coverage of a high-profile criminal investigation, 
brought a case in the European Court of Human Rights, alleging that the 
search violated her rights. The ECHR accepted her case for review, and 
it was pending at the end of the year..

    Censorship or Content Restrictions.--The country has one state-
owned television station, Latvian Television (LTV), and one state-owned 
radio station, Latvian Radio. During the year the representative of the 
Organization for Security and Cooperation in Europe (OSCE) on freedom 
of the media, NGOs, and other media outlets expressed concern over the 
independence of LTV, pressure on journalists by politically appointed 
LTV board members, lack of transparency in LTV's salary structure, and 
the LTV leadership's susceptibility to political influence. In August 
and September, four respected LTV investigative journalists were fired 
or otherwise left LTV.
    Privately owned television and radio outlets also operated in the 
country. The law requires 65 percent of all broadcast airtime in 
national and regional electronic media to be in Latvian or dubbed or 
subtitled in Latvian. While Latvian is the sole official state 
language, approximately one-third of the country's population (largely 
ethnic Russians, Belarusians, and Ukrainians) spoke Russian as their 
first language. Many television stations in the country employed 
Latvian subtitles or voiceover when broadcasting programs originally 
produced in another language. Despite the new law, extensive Russian-
language programming remained available during the year.
    In December state police arrested and detained for two days 
journalist Leonids Jakobsons for publishing allegedly ``private'' e 
mails between Riga Mayor Nils Usakovs and a foreign diplomat. It was 
not clear how Jakobsons obtained the e mails. The Latvian Journalists' 
Association and other NGOs criticized Jakobsons' arrest as an improper 
restriction on freedom of the press. The case remained pending at the 
end of the year.

    Actions to Expand Press Freedom.--In September parliament passed a 
measure requiring media companies to disclose the identities of their 
actual owners.

    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 authorities may not prohibit public gatherings except in very 
limited cases related to public safety. Organizers of demonstrations 
must provide 10-days' advance notice to local authorities, who may 
prohibit the event or change the time and place to prevent public 
disorder.
    During the year numerous demonstrations took place peacefully and 
in most cases without government interference. Police did not interfere 
with peaceful assemblies and offered demonstrators appropriate levels 
of protection. However, some observers continued to criticize the legal 
requirement to give 10-days' advance notification of a planned protest.
    In March, Riga city officials initially denied the request of a 
group seeking to hold its annual event in remembrance of Latvian 
soldiers who fought in German Waffen SS units during World War II. A 
local court overturned the city's decision, and approximately 700 
persons participated in the March 16 event. Opposition groups 
counterdemonstrated, but police kept the two groups apart, and the 
demonstration was largely peaceful. The media widely reported on an 
incident in which a counterdemonstrator spat on an elderly participant 
in the march, but no arrests were made. At the Latvian-Estonian border, 
security police stopped seven ethnic-Russian Estonians who allegedly 
intended to participate in the counterdemonstration on suspicion they 
would cause disturbances.
    In June the Riga city government denied a group the right to 
demonstrate to mark the July 1 anniversary of the German army's entry 
into Riga in 1941. A court overturned the city's decision, finding that 
the marchers were not inciting violence or advocating Nazism, and 
citing the sanctity of the right to assemble. The city complied with 
the court's order and allowed the event, which proceeded without 
incident.

    Freedom of Association.--The constitution and law provide for 
freedom of association, but prohibit the registration of Communist, 
Nazi, or other organizations whose activities could contravene the 
constitution, for example, by advocating the violent overthrow of the 
government. 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, including with respect to its ``noncitizen resident'' 
population. 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, 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. In general this system was active, accessible, and subject to 
due process. Reports continued, however, that authorities sometimes 
turned away persons attempting to enter the country at border 
checkpoints without establishing whether they might be refugees or 
asylum seekers. The government disputed these claims. NGOs also 
expressed concern about the government's policy of accepting asylum 
applications only at land borders, and not at the Riga International 
Airport. The Latvian Center for Human Rights, the primary provider of 
legal services for asylum seekers, expressed concern that, because of 
the distance of the new detention facility from the capital, asylum 
applicants and refugees did not always have prompt access to legal 
representation.

    Safe Country of Origin/Transit.--Latvia generally does not 
adjudicate asylum cases based on the applicant's country of origin or 
country of transit. However, as an EU member state bound by the Dublin 
II Regulation, Latvia may return to the country of first entry into the 
EU asylum-seekers who arrive from other EU member states, except in 
cases involving family reunification or other humanitarian 
considerations. There were no credible complaints that Latvia ignored 
exceptional cases or routinely returned asylum seekers to countries 
with poorly developed asylum systems.

    Nonrefoulement.--NGOs reported one case in which an Uzbek asylum 
seeker whose application was denied was beaten by Uzbek authorities 
upon his return to Uzbekistan.

    Access to Basic Services/Employment.--There were no reports of 
discrimination against refugees (in comparison to other aliens) in 
connection with access to public services or employment.

    Temporary Protection.--The law provides temporary protection for 
individuals who may not qualify as refugees. The provision was not 
invoked during the year.

    Stateless Persons.--Citizenship is derived from one's parents. The 
children of ``noncitizen residents'' may be naturalized upon 
application by either parent.
    According to UNHCR data, there were 326,906 stateless persons at 
the end of 2010, the vast majority of whom the government considered 
``noncitizen residents.'' According to 2011 census data published by 
the Central Statistics Bureau, 290,660 ``noncitizen residents'' and 177 
stateless persons lived in the country at the end of the year. Most of 
the ``noncitizen residents'' were persons of Slavic origin who either 
moved to the country during the Soviet occupation or are descended from 
those who did. The government did not give them automatic citizenship 
when the country regained sovereignty in 1991. ``Noncitizen residents'' 
have permanent residency status, consular protection abroad, the right 
to return to the country, full rights to employment except for some 
government jobs and private sector positions deemed related to national 
security, and the right to all government social benefits. However, 
they may not vote in local or national elections and may not organize a 
political party without the participation of an equal number of 
citizens.
    Although the UNHCR considered most of these ``noncitizen 
residents'' to be ``stateless,'' the government did not, because most 
were eligible to naturalize under the country's law. The government 
recognized as stateless only those individuals who did not have a claim 
to foreign citizenship and were not eligible to apply for 
naturalization in the country.
    The UNHCR noted that ``noncitizen residents'' have, under the 
country's laws, a transitional legal status that entitles them to 
rights and obligations beyond the minimum rights prescribed by the 1954 
Convention relating to the Status of Stateless Persons. The UNHCR 
further noted that these rights are identical to those attached to the 
possession of nationality, with the exception of certain limited civil 
and political rights.
    The law provides naturalization procedures for granting citizenship 
to the noncitizen population. These procedures include a test of 
Latvian language skills and knowledge of the constitution and history 
of the country. Applicants may take the test three times on a single 
application; after failing the test three times, an applicant must 
reapply in order to take the test again, but can do so an unlimited 
number of times. The government offered the test at various locations 
throughout the country. During the year the government regularly 
sponsored ``information days'' to assist in preparing for the test.
    Most ``noncitizen residents'' had not applied for citizenship even 
though they were legally eligible for it. They frequently cited as 
reasons the perceived ``unfairness'' of the requirements, resentment at 
having to apply at all, and the lack of perceived benefits. 
``Noncitizen residents'' accounted for approximately 14 percent of the 
population. During the year 2,771 persons applied for naturalization; 
2,467 applications were approved, and 128 applications were ``denied'' 
for failing the test three times. In 2010, 3,182 persons applied, 2,336 
were approved, and 150 applications were ``denied.'' Some observers 
expressed concern that the passage rate in the naturalization test has 
fallen in recent years. However, latest statistics from the Latvian 
Citizenship and Migration Affairs Board indicate passage rates improved 
from approximately 73 percent in 2010 to approximately 89 percent in 
2011.
    In October the government approved a new policy for ``integration 
and national identity'' that sought a modest reduction in the 
percentage of ``noncitizen residents'' in the population by emphasizing 
Latvian language and national identity. NGOs and noncitizen advocacy 
groups criticized the policy as ``ethnocentric.''
    The ombudsman, NGOs, and the Council of Europe's Committee for the 
Prevention of Racism and Intolerance continued to urge the government 
to reform Latvia's naturalization system, including granting automatic 
citizenship for children born to ``noncitizen residents'' (unless the 
parents object), relaxing testing requirements, allowing ``noncitizen 
residents'' to participate in local elections, and reducing the list of 
professions in which noncitizens may not participate.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic and generally free and fair elections based 
on universal suffrage.

    Elections and Political Participation.--Recent Elections.--On July 
23, 95 percent of the participating electorate voted to dissolve 
parliament. As a result, on September 17, the country held free and 
fair extraordinary elections for parliament. Observers from the OSCE 
found that the elections were professionally run with minimal 
violations and offered voters a genuine choice. However, observers 
noted that voter education materials were only available in Latvian, 
potentially disadvantaging voters with low Latvian proficiency.

    Political Parties.--Citizens can organize political parties without 
restriction, but the law prohibits the country's ``noncitizen 
residents'' from organizing political parties without the participation 
of an equal number of citizens in the party. The election law prohibits 
persons who remained active in the Communist Party or various other 
pro-Soviet organizations after 1991 or who worked for such institutions 
as the former Soviet Committee for State Security (KGB) from holding 
elected office or certain other government positions related to 
security.

    Participation of Women and Minorities.--Following the September 17 
national elections, there were 23 women in the 100-member parliament, 
and four women in the 14-member Cabinet of Ministers. Four of seven 
judges on the Constitutional Court and 23 of the 44 justices of the 
Supreme Court were women.
    Approximately 16 percent of the country's adult population (36 
percent of the non-Latvian minority population) were noncitizens. They 
did not participate in the elections process and were left without 
representation in the government. Members of minorities who were 
citizens, including ethnic Russians and Poles, served in various 
elected bodies. The mayor of Riga, the country's largest city, is a 
member of the ethnic Russian minority. The Harmony Center Party, which 
lists many ethnic Russians in its ranks, won the most seats in 
parliament in the September elections.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and 
officials sometimes engaged in corrupt practices. There was a 
widespread perception that corruption existed at all levels of 
government. The World Bank's World Governance Indicators indicated that 
corruption was a problem in the country.
    The Corruption Prevention and Combating Bureau (KNAB) is primarily 
responsible for fighting corruption. However, internal struggles and 
the perception of bias in referring cases to prosecutors hampered the 
KNAB's effectiveness during much of the year. NGOs and other observers 
expressed concerns that the KNAB's director, Normunds Vilnitis, 
participated in a political attempt to hobble the agency. In March, 
Vilnitis suspended and later dismissed his deputy, Alvis Vilks, 
allegedly over personality conflicts. Also in March the KNAB's other 
deputy, Juta Strike, who was generally considered honest and competent, 
left the country in response to alleged death threats. In June 
parliament dismissed Vilnitis based on the findings of a special 
investigative committee that he had committed numerous legal and 
procedural violations during his tenure. In November parliament 
appointed Jaroslavs Strelcenoks as the new director of the KNAB.
    In May, while Vilnitis was on a vacation, the KNAB launched a major 
investigation into alleged corrupt practices by high-profile 
politicians and business leaders, including members of parliament, the 
mayor of the city of Ventspils, and the chief executive officer of 
Latvia's national airline, airBaltic. The KNAB searched the homes and 
businesses of some of these individuals. However, parliament invoked 
its immunity to block the KNAB's execution of a search warrant at the 
office of opposition member of parliament Ainars Slesers of the For a 
Good Latvia Party. The investigation continued as of year's end. These 
events, and the perception of corruption connected with them, led the 
president to call for, and the electorate to approve, early 
parliamentary elections, as discussed above.
    On August 4, the KNAB warned that corruption risks remained high 
within the Latvian government on both the administrative level (e.g., 
bribery of civil servants) and the political level (e.g., abuse of 
office). The KNAB's report raised special concern about irregularities 
in public procurement processes. During the year the KNAB initiated 20 
criminal investigations against government and law enforcement 
officials, and other legal institutions initiated 169 such 
investigations. The KNAB also forwarded to the prosecutor's office 23 
criminal cases involving 52 individuals.
    Public officials are required to file income declarations annually, 
and irregularities in the declarations were investigated.
    A regulation of the Cabinet of Ministers provides for public access 
to government information, and the government generally provided 
citizens such access in practice. There were no reports that 
noncitizens or the foreign media were denied access.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
met with NGOs and responded to their inquiries. Government officials 
often were cooperative and responsive to their views.

    Government Human Rights Bodies.--The ombudsman's office has the 
responsibility to monitor the government's performance on human rights 
problems. The office received some cooperation from the government and 
operated without direct government or party interference. However, at a 
time of across-the-board government budgetary cuts, the ombudsman's 
office complained that inadequate funding prevented it from 
accomplishing its mandate and interfered with its independence. NGOs 
sharply criticized the ombudsman's office for being reactive rather 
than proactive, advocating only a narrow range of rights, and suffering 
from serious internal conflicts and institutional weakness. As required 
by law, the office published an annual public report detailing its 
activities and recommendations.
    The parliament has a standing committee on ``Human Rights and 
Public Welfare,'' which met weekly to consider initiatives relating to 
human rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status; the government generally enforced these 
prohibitions effectively.

    Women.--Rape and Domestic Violence.--The law specifically 
criminalizes rape but does not recognize spousal rape as a distinct 
crime. Criminal penalties range from probation to life imprisonment, 
depending on the nature of the crime, the age of the victim, the 
criminal history of the offender, and the dependency of the victim on 
the offender. During the year there were 72 criminal processes 
initiated on rape charges, compared with 93 initiated criminal cases in 
2010. NGOs complained that authorities were ineffective or inadequately 
enforced rape laws. NGOs observed that rapes were underreported due to 
a tendency of police to blame victims.
    The law makes domestic violence an aggravating factor in certain 
criminal offenses. The law also provides penalties for causing even 
``minor'' bodily harm, where the victim and perpetrator are spouses or 
former spouses. NGOs and police agreed, however, that domestic violence 
was a significant problem, and the law was not effectively enforced. 
Victims often were uninformed about their rights and reluctant to seek 
redress through the justice system. The women's advocacy NGO Marta 
Center noted that no system was in place for women to receive legal 
protection as soon as they arrived at a hospital for treatment after 
violence. Most abused women went first to a hospital and only afterward 
turned to the police.
    During the first nine months of the year, the Marta Center provided 
support and assistance for 145 domestic violence victims (62 new 
complaints of domestic violence were received), compared with 208 
domestic violence victims (154 new) in 2010. The Marta Center provided 
legal assistance in 122 of those cases (51 new cases) in the first nine 
months of the year.
    There were no shelters designed specifically for battered or abused 
women. While women who experienced violence could seek help in family 
crisis centers, these centers had limited capacity and gave priority to 
women with children. There were no dedicated rape or assault hotlines, 
but NGOs managed four general crisis hotlines. The Marta Center 
operated Web sites that provided information and legal assistance for 
female victims of violence.

    Sexual Harassment.--Sexual harassment is illegal but reportedly 
common in the workplace. However, the ombudsman's office received no 
complaints regarding sexual harassment during the year, in part because 
of the procedures required to register incidents. The ombudsman's 
office, located in Riga, was the only designated location to file 
complaints. In addition, cultural factors discouraged women from filing 
sexual harassment complaints.

    Sex Tourism.--Riga continued to be a destination for adult sex 
tourism.

    Reproductive Rights.--The government recognized the right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children and to have the information and 
means to do so free from discrimination, coercion, and violence. Health 
clinics and local health NGOs operated freely in disseminating 
information on family planning under the guidance of the Ministry of 
Health. There were no restrictions on access to contraceptives. The 
government provided free childbirth services. Men and women had equal 
access to diagnosis and treatment for sexually transmitted infections.

    Discrimination.--Women enjoy the same rights as men, including 
rights under family and property laws, and in the judicial system. 
Although the law prohibits employment discrimination, in practice women 
frequently faced hiring and pay discrimination, particularly in the 
private sector. The Marta Center noted that there had been cases of 
discrimination based on gender when applying for work.
    The law prohibits work and wage discrimination based on gender and 
requires employers to set equal pay for equal work; however, government 
regulatory agencies did not implement the law effectively. According to 
the country's Central Statistics Bureau, in the first quarter of the 
year the average female worker earned 17 percent less than a male 
worker.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. Children of ``noncitizen'' parents born in the country are 
registered immediately and are eligible to apply for citizenship.

    Child Abuse.--An NGO working with abused children, the Dardedze 
Center, stated that the number of reported instances of child abuse, 
including sexual abuse, increased in the past several years. According 
to a study published in October, one in three children in the country 
between the ages of 14 and 18 had suffered sexual violence, 14 percent 
of those within the past year. The center attributed this increase 
largely to better reporting due to increased awareness of the problem. 
Laws against child abuse were enforced effectively, although the center 
observed that coordination among agencies involved in the protection of 
children's rights was weak. Children from families that were unable to 
care for them had access to government-funded boarding schools that 
provided adequate living conditions; however, these schools had lower 
educational standards than regular state schools.

    Sexual Exploitation of Children.--Statutory rape and child 
pornography are illegal. The minimum age for consensual sex is 16 
years. Statutory rape is punishable by four years' imprisonment, or six 
years if the victims are particularly young. The state police can 
initiate proceedings against a sexual abuser without an application 
from a victim who is a minor. Purchase, display, reproduction, or 
distribution of child pornography is punishable by up to three years in 
prison. Involving a minor in the production of pornography is 
punishable by up to 12 years in prison, depending on the age of the 
child.
    A special police unit in Riga worked to prevent sexual abuse of 
minors and eradicate child sex tourism through aggressive prosecution 
of pedophiles and other child abusers. The unit also publicized the 
potential dangers posed to minors through Internet chat rooms and 
worked closely with local social networking sites to identify potential 
Internet predator cases.

    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 community numbers approximately 10,000. 
There were continued reports of anti-Semitic incidents during the year, 
including several cases of vandalism and a serious case of public anti-
Semitic statements, but no reports of anti-Semitic attacks against 
individuals. Anti-Semitic sentiments persisted in some segments of 
society.
    On a television talk program on the same day as the March 16 Waffen 
SS event (see section 2.b.), Uldis Freimanis, a neo-Nazi, made 
malicious anti-Semitic comments advocating violence against Jews. The 
local Jewish community filed a criminal complaint, alleging a violation 
of the law against inciting racial or ethnic hatred and violence, and 
the security police opened an investigation. On August 1, the security 
police closed the criminal investigation, stating that ``the facts of 
the case did not constitute a criminal offense.'' The Anti-Defamation 
League also lodged a complaint with the government over the incident.
    Cemetery desecration and monument vandalism continued to be a 
problem. On June 28, a Jewish cemetery in Valdemarpils was desecrated 
with swastikas. On May 17, vandalism was committed in Riga's Second 
Forest Cemetery at the grave of Zanis Lipke, a protector of Latvian 
Jews in World War II; Foreign Minister Kristovskis publicly condemned 
the act.
    On May 8, two persons from the Russian-speaking community painted 
Nazi symbols and anti-Semitic statements in the Latvian language on a 
memorial to Jewish Holocaust victims. Police promptly arrested the 
perpetrators. The perpetrators confessed, claiming they intended to 
cast suspicion on Latvian nationalist parties. On September 7, the 
defendants pled guilty, and a court sentenced them to 50 hours of 
community service.
    In January police arrested three persons in the December 2010 case 
involving the vandalism of 89 headstones in the New Jewish Cemetery of 
Riga. The alleged perpetrators, teenage members of the Russian-speaking 
community, possessed neo-Nazi materials published by Russian skinhead 
groups. Charges were pending as of the end of 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 law prohibits discrimination 
against persons with physical, sensory, intellectual, and mental 
disabilities in employment, education, access to healthcare, or the 
provision of other state services, and the government generally 
enforced these provisions. The law mandates access to buildings for 
persons with disabilities; however, most buildings were not accessible. 
The law grants additional assistance to children with disabilities, 
allowing them and their chaperones to use public transportation free of 
charge. The law also allows families of children who have been 
diagnosed with a disability to receive state-funded counseling.

    National/Racial/Ethnic Minorities.--No physical attacks against 
minorities were reported. However, NGOs representing minority groups 
claimed that official statistics underreported the actual number of 
incidents.
    During the year the security police reviewed 34 applications or 
complaints connected to possible incitement of ethnic or racial hatred. 
Of these, authorities initiated criminal procedures in 12 cases. These 
complaints generally involved hate speech on the Internet. During the 
year the ombudsman's office received seven written complaints of racial 
or ethnic discrimination, compared with two in 2010.
    In December a defendant pled guilty to a charge of inciting ethnic 
hatred in connection with derogatory Internet comments about Russian-
speakers. Sentencing was pending at the end of the year.
    In June security police charged an Internet portal commentator for 
hate speech and making derogatory comments online about Latvians, 
Poles, and Jews. The defendant pled guilty and was given a 10-month 
suspended sentence.
    The Romani community, estimated to number approximately 8,000, 
historically has faced widespread societal discrimination and high 
levels of unemployment and illiteracy. The government had a national 
action plan to address problems affecting the Romani community with 
respect to employment, education, and human rights; however, observers 
criticized the plan for lacking adequate funding to improve conditions 
for Roma substantially.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--While there were no official 
reports of violence based on sexual orientation or gender identity, 
lesbian, gay, bisexual, and transgender persons' (LGBT) organizations 
complained of widespread intolerance and underreporting of attacks to 
authorities.
    The ombudsman's office received no reports of discrimination based 
on sexual orientation during the year. In 2010 the ombudsman's office 
received two such reports. LGBT advocates maintained that the community 
nevertheless faced widespread societal discrimination. A study 
published during the year suggested that negative social attitudes 
toward the LGBT community and discrimination on the basis of sexual 
orientation remain widespread.
    LGBT representatives reported that the ombudsman expressed 
reluctance to assist members of the LGBT community in securing their 
rights, including with respect to a civil partnership law.
    During the year Mozaika, an NGO promoting LGBT rights, received 
three complaints of hate crimes based on sexual orientation. In one 
incident police took a gay man into custody, confiscated his cell 
phone, and publicly read his intimate text messages. The victim did not 
file a formal complaint because of fear of disclosure of his identity. 
Mozaika also reported that an LGBT Internet site was hacked, and 
personal data of users was made public.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law entitles all workers, except uniformed members of the military, 
to form and join independent unions and recognizes the right to strike, 
subject to limitations related to public safety. Labor regulations 
prohibit strikes by essential personnel including judges, prosecutors, 
police, fire fighters, border guards, employees of state security 
institutions, prison guards, and military personnel. The law provides 
arbitration mechanisms that essential personnel may use in lieu of 
striking. The law provides for collective bargaining. The law also 
prohibits antiunion discrimination and employers' interference in union 
functions, and provides reinstatement as a remedy for an employee's 
unlawful dismissal, including dismissal for union activity. The law 
prohibits ``solidarity'' strikes by workers who are not directly 
involved in the specific labor agreement between strikers and their 
employers, a restriction criticized by local labor groups.
    The government generally protected these rights, and workers 
exercised them in practice. Labor rights' organizations expressed 
concerns about employer discrimination based on union membership during 
the year. The International Trade Union Confederation (ITUC) also noted 
that, while Latvian law protects ``basic labor rights,'' the minimum 
number of workers required to form a union was higher than in many 
other European countries. However, the Free Trade Union Confederation 
of Latvia (FTUCL), a local labor organization, stated it knew of no 
cases in which this restriction limited the right to form a union in 
practice. The ITUC criticized the country's rules allowing a strike to 
be suspended pending an employer's legal challenge of the legality of a 
strike.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and the government 
generally enforced such laws effectively. The State Labor Inspectorate 
(SLI), the agency responsible for enforcing labor laws, conducted 
regular inspections of workplaces during the year and reported no 
incidents of forced labor. There were, however, some cases of Latvians 
being trafficked and forced into prostitution or other compulsory labor 
abroad. 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 those under the age of 18 from nighttime or overtime 
work. The statutory minimum age for employment is 15, although children 
who are 13 years of age or older may work in certain jobs outside 
school hours with written permission from a parent.
    Inspectors from the SLI are responsible for enforcing child labor 
laws and did so effectively. The SLI's resources were adequate. During 
the year the SLI inspected work places for violations and conducted 
information campaigns on labor rights, including for youth audiences. 
During the year there were no reports of labor abuses involving 
children.

    d. Acceptable Conditions of Work.--The legally mandated monthly 
minimum wage was 200 lats ($400). By comparison, the Latvian Central 
Statistical Bureau's ``minimum subsistence consumer basket'' price 
index for November was 172.05 lats ($344.10).
    The law provides for a mandatory 40-hour maximum workweek with at 
least one 42-hour rest period weekly. The maximum permitted overtime is 
144 hours in a four-month period. Employees are also not allowed to 
work more than 24 hours consecutively, 56 hours in a week, or overtime 
on more than six consecutive days. The law requires a minimum of 100-
percent premium pay in compensation for overtime, unless other forms of 
compensation are agreed to in a contract. The law establishes minimum 
occupational health and safety standards for the workplace. Workers 
have the legal right to remove themselves from situations that endanger 
health or safety without endangering their continued employment. The 
law entitles workers to 28 calendar days of paid annual holidays.
    The State Revenue Service is responsible for enforcing minimum wage 
regulations. The SLI was responsible for enforcing working time and 
occupational health and safety standards. Most labor standards were 
respected for both citizens and noncitizen workers; however, 
authorities did not actively enforce workers' right to remove 
themselves from situations that endanger health or safety. During the 
year the SLI reported 31 workplace fatalities and 157 serious workplace 
injuries.

                               __________

                             LIECHTENSTEIN

                           EXECUTIVE SUMMARY
    The Principality of Liechtenstein is a multiparty constitutional 
monarchy with a parliamentary government. The unicameral Landtag 
(parliament) nominates, and the monarch appoints, the members of the 
government. A two-party coalition government was formed following free 
and fair parliamentary elections in 2009. Security forces reported to 
civilian authorities.
    There were no reports of widespread or systemic human rights 
abuses.
    The country's main human rights problems consisted of isolated 
instances of violence against women, including spousal abuse, and child 
abuse and societal discrimination against minorities.
    The government took steps to prosecute 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards. In 2010 there 
were 76 persons serving time in prison or detention for a total of 
4,081 days. Five were women, and two were under the age of 18. Thirty 
illegal immigrants were detained due to a violation of the provisions 
of the law on foreigners, and 36 persons were in prison for offenses 
under the criminal code. According to a provision in the 1982 bilateral 
treaty between Austria and Liechtenstein, Austria incarcerates 
Liechtensteiner prisoners with sentences over two years' imprisonment. 
Fifteen individuals from the country were incarcerated in Austria. 
Austrian detention officials provided regular reports on the prisoners 
to Liechtensteiner authorities. The country's only prison had a total 
capacity of 20 beds. The maximum capacity was not reached during the 
year, and up to four beds remained unassigned for emergency purposes. 
The detention facility was designed primarily as a short-term prison, 
and it was not possible to separate different categories of prisoners. 
Women prisoners had their own section.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance. According to law, they could submit 
complaints to the prince, the government, parliament, and judicial 
authorities without censorship and request investigations of credible 
allegations of inhumane conditions. No such allegations were submitted 
during the year. There was no ombudsman who served on behalf of 
prisoners and detainees.
    No deaths occurred in the detention center during the year.
    The government permitted visits by independent human rights 
observers and appointed the Corrections Commission as an independent 
body to monitor prison conditions. The specialized commission, which 
also served as the designated national preventive mechanism under the 
Optional Protocol to the U.N. Convention against Torture, organized at 
least one unannounced visit to the country's prison each quarter. 
During these visits the commission collected documentation, interviewed 
staff members, and spoke privately with prisoners. The country also 
permitted visits by the Council of Europe's Committee for the 
Prevention of Torture.
    The Corrections Commission made five unannounced visits in 2010 and 
four during the year. It released a report with recommendations for the 
government on February 15. The commission maintained that in 2010 
overall conditions in the detention center were good but recommended 
transferring oversight of prison operations from the chief of police to 
the Ministry of Justice; counseling for prison staff; and the provision 
of female guards for female inmates. Juveniles were usually 
accommodated in the women's ward. Potable water was available to all 
prisoners. Alternative forms of punishment existed, including monetary 
penalties and charitable work for certain cases (especially for 
juvenile criminals).

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the regular and auxiliary police, and 
the government had effective mechanisms to investigate and punish abuse 
and corruption. There were no reports of impunity involving the 
security forces during the year.

    Arrest Procedures and Treatment While in Detention.--Police arrest 
a suspect based on an arrest warrant issued by the national court. 
Within 48 hours of arrest, police must bring suspects before an 
examining magistrate who must either file formal charges or order the 
suspect's release, and authorities respected this right in practice. 
Release on personal recognizance or bail is permitted unless the 
examining magistrate has reason to believe that the suspect is a danger 
to society or would not appear for trial. The law grants suspects the 
right to legal counsel of their own choosing during pretrial detention, 
and counsel was provided at government expense to indigent persons. 
According to the criminal procedure code, every detainee must be 
informed at the time of detention or immediately thereafter of the 
reasons for the detention. The detainee also must be advised of his or 
her right to contact legal counsel and a relative. During investigative 
detention, visits may be monitored to prevent tampering with evidence.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Defendants are presumed innocent. A single judge hears trials 
involving minor offenses. While most trials were public, in 2010 
approximately 30 percent of trials were closed proceedings. A panel of 
judges hears more serious or complex cases, and the most serious cases, 
including murder, go before a public jury. The law grants defendants 
the right to legal counsel of their own choosing; counsel is provided 
at government expense for indigent persons. Defendants may challenge 
witnesses or evidence and present witnesses or evidence on their own 
behalf. They have access to government-held evidence relevant to their 
cases. Those convicted have the right to appeal, ultimately to the 
Supreme Court.

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

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters and access to a court to bring 
lawsuits seeking damages for, or cessation of, a human rights 
violation. Citizens may appeal cases involving possible violations of 
the European Convention on Human Rights by the state to the European 
Court of Human Rights.

    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. However, the law prohibits public insult directed against a 
race, people, or ethnic group, with a possible prison sentence of up to 
two years. During the year no such charges were filed. An independent 
press, an effective judiciary, and a functioning democratic political 
system combined to ensure freedom of speech and of the press.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or 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 generally respected these rights in practice.

    c. Freedom of Religion.--See the Department's International 
Religious Freedom Report at www.state.gov/j/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 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, and the government has a 
system for providing protection to refugees.

    Safe Country of Origin/Transit.--According to the law, persons 
entering the country from another safe country are not eligible for 
asylum.

    Nonrefoulement.--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.

    Refugee Abuse.--In May 2010 a U.N. Committee against Torture (CAT) 
report noted that Liechtenstein authorities did not allow asylum 
seekers under expulsion orders sufficient time to request an appeal 
hearing. Under previously existing law, such individuals had only 24-
hours to request a hearing before the Administrative Court, which 
according to CAT, was too short a period to ensure access to the asylum 
procedures in Switzerland or Austria, countries having readmission 
agreements with Liechtenstein. Based on CAT recommendations, the 
county's constitutional court proposed an expanded time span. The law 
was adopted by the Principality's parliament in its session of December 
15, resulting in the effective extension of the hearing period from 24 
hours to five days. In practice the period of time asylum seekers had 
to request a hearing had already been expanded to five days earlier, 
with the extended period applied to a number of cases during the year.
    During the year Liechtenstein sent 13 asylum seekers to 
Switzerland, compared with 18 in 2010. Asylum seekers were not sent to 
countries with poorly functioning asylum systems.

    Temporary Protection.--The government has a system for providing 
temporary protection to individuals who may not qualify as refugees. 
Three individuals from one family were granted such temporary 
protection during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.
    As a hereditary monarchy, the country's line of succession is 
restricted to male descendents of the Liechtenstein dynasty. Prince 
Hans Adam II is the head of state. In 2004 Hereditary Prince Alois 
assumed the duties of head of state, exercising the rights of office on 
behalf of the reigning prince. All legislation enacted by the 
parliament must have the concurrence of the monarch and the prime 
minister.

    Elections and Political Participation.--Recent Elections.--In 2009 
the country held free and fair parliamentary elections.

    Participation of Women and Minorities.--There were six women in the 
25-member parliament and two women in the five-seat cabinet. There were 
no known members of minorities in the government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government effectively implemented these laws. There were no 
reports of government corruption during the year.
    The law prohibits public officials from requesting or accepting 
gifts or benefits in connection with their duties and places 
restrictions on public officials engaging in private commercial 
activities. The police and the prosecutor's office, respectively, are 
responsible for investigating and prosecuting official corruption. The 
police employ an organizationally independent special investigative 
unit for corruption cases. An interdepartmental working group chaired 
by the Ministry of Foreign Affairs coordinated measures to prevent and 
fight corruption.
    Public officials are not subject to comprehensive financial 
disclosure laws.
    The law requires the government to inform the public of its 
activities, and government information was freely available to all 
persons living in the country, including domestic and foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were cooperative and 
responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status. The law also prohibits public incitement to 
violence or public agitation or insult directed against a race, people, 
or ethnic group. The government effectively enforced these 
prohibitions.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a criminal offense, and the government effectively prosecuted those 
accused of such crimes. Spousal rape has the same penalties as rape 
under other circumstances. Sentences for spousal rape may be reduced if 
the victim decides to remain with the abusive spouse.
    The law prohibits all forms of domestic violence and provides for 
restraining orders against violent family members. However, there were 
reports of violence against women, including spousal abuse. According 
to police records, 14 women were the victims of domestic violence.
    Sixteen women and 10 children received counseling and refuge at the 
Frauenhaus, a women's shelter. Government centers provided single-stop 
financial, administrative, legal, and psychological assistance to 
victims of domestic violence.

    Sexual Harassment.--Stalking is a criminal offense. Sexual 
harassment is illegal and punishable by up to six months in prison or a 
fine, and the government effectively enforced these prohibitions. 
Employers are required to take reasonable measures to prevent sexual 
harassment; failure to do so may result in compensation for victims up 
to 40,000 Swiss francs (approximately $41,840). There were three 
recorded complaints of sexual harassment during the year.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and to have the information and means to do so free from 
discrimination, coercion, and violence. Contraceptives and medical 
services are readily available. There were no reports of barriers 
limiting access to maternal health services. Women and men had equal 
access to diagnosis and treatment for sexually transmitted diseases, 
including HIV.

    Discrimination.--Women enjoy the same legal rights as men, 
including rights under family law, property law, and in the judicial 
system. The Equal Opportunity Office and the Commission on Equality 
between Women and Men worked to eliminate all forms of gender 
discrimination. However, societal discrimination continued to limit 
opportunities for women in fields traditionally dominated by men. On 
average women earned 20 percent less than men for equal work. The labor 
contract law and the equal opportunity law contain provisions to combat 
gender discrimination in the workplace.
    On September 16, the government hosted a conference on equal 
opportunities commemorating the 25th anniversary of the country's 
Commission for Equality between Women and Men.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents at birth. Citizenship may be derived from a single parent. Any 
child born in the country may acquire citizenship after five years. 
Children are registered at birth.

    Child Abuse.--There were eight cases of child abuse during the 
year, compared with five cases in 2010. Authorities charged and 
prosecuted perpetrators in four of the five 2010 cases during the year; 
there was one conviction. Possession of child pornographic material is 
a criminal offense. Police registered five cases of pornography 
involving minors in 2010. According to the law, penalties for statutory 
rape are between one and 10 years' imprisonment. The law sets the 
minimum age for consensual sex at 14 years.
    The government supported programs to protect the rights of children 
and made financial contributions to three nongovernmental organizations 
that monitored children's rights. The Office for Social Services 
oversaw the implementation of government-supported programs for 
children and youth.

    International Child Abduction.--The country is not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--The small Jewish community does not have an 
organizational structure. Approximately 30 individuals belonged to the 
Jewish community in 2010. There were no reports of anti-Semitic acts 
against persons or property.

    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, or mental 
disabilities in employment, education, access to health care, or the 
provision of other state services or other areas.
    The government effectively implemented laws and programs to ensure 
that persons with disabilities have access to buildings, information, 
and communications, and disabled persons readily had access. The law 
mandates that all public kindergartens and schools, as well as public 
transportation systems, must be accessible to persons with disabilities 
by 2012. During the year 296 buildings were ``barrier-free,'' an 
increase of 46 over the past five years. The law requires recently 
constructed public buildings to be barrier-free by 2027 and older 
public buildings by 2019.

    National/Racial/Ethnic Minorities.--Police estimated that violent 
right-wing extremists, including skinheads, numbered no more than 30 to 
40 persons. The government continued to monitor right-wing groups. 
Foreign nationals, mostly Swiss, Austrian, German, and Italian, 
represented 33 percent of the resident population. Ethnic Turks 
accounted for 6.5 percent of the foreign population. Although no 
serious incidents were cited during the year, police reported six 
racially motivated offenses involving right-wing extremists in 2010. 
Two cases were prosecuted, resulting in one conviction.
    In 2010 the government initiated an awareness campaign against 
right-wing extremism and established a working group against such 
extremism. The working group initiative was ongoing at yearend, but the 
awareness campaign ended in 2010.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--During the year there were no 
formal complaints issued by the country's gay community, nor were there 
any gay pride marches scheduled. On March 16, the government 
implemented a registered partnership law aimed at eliminating legal 
discrimination against same-sex couples; 70 percent of the voting 
public voted in favor of the initiative on June 19.
    The Office of Equal Opportunity launched campaigns and organized 
numerous events with NGOs to raise awareness of lesbian, gay, bisexual, 
and transgender (LGBT) issues.

    Other Societal Violence or Discrimination.--There were no reports 
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides that all workers, including foreigners, are free to 
form and join independent unions of their choice and select their own 
union representatives. The law allows unions to conduct their 
activities without government interference. There are no provisions in 
the constitution or in labor laws explicitly banning the right to 
strike, nor does the law prohibit antiunion discrimination.
    Strikes by civil servants are permitted; however no strikes 
occurred during the year. Likewise, there were no reports of antiunion 
discrimination.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; there were no 
reported violations.

    c. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, and the government effectively enforced these laws. The 
law prohibits the employment of children younger than 16; exceptions 
may be made for the limited employment of children who are 14 and older 
and for those who leave school after completing nine years of 
compulsory education. Children who are 14 and older may be employed in 
light duties for not more than nine hours per week during the school 
year and 15 hours per week at other times.
    The law prohibits labor that subjects children to physical, 
psychological, moral, or sexual abuse. There were no reported cases.
    The government devoted adequate resources and oversight to child 
labor policies, and the Department for Worker Safety of the Office of 
the National Economy effectively supervised compliance with the law.

    d. Acceptable Conditions of Work.--There is no national minimum 
wage. The Liechtenstein Workers Association negotiates minimum wages 
annually with the Chamber of Commerce and the Chamber for Economic 
Affairs. The government estimated the poverty income level at 
approximately 28,000 Swiss francs ($29,300) per year, which equals 
2,300 Swiss francs ($2,400) monthly, for a household (two adults and 
two children) and around 1,100 Swiss francs ($1,153) per month for a 
single person.
    The law sets the maximum workweek at 45 hours for white-collar 
workers and employees of industrial firms and sales personnel, and 48 
hours for other workers. The law provides for a daily mandatory one-
hour break and an 11-hour rest period for full-time workers; with few 
exceptions, Sunday work is not allowed. Pay for overtime is required to 
be at least 25 percent higher than the standard rate, and overtime is 
generally restricted to two hours per day. The average workweek, 
including overtime, may not exceed 48 hours over a period of four 
consecutive months. Thousands of workers commuted from neighboring 
countries daily and were covered by the same standards.
    The law sets occupational health and safety standards, and the 
Department for Worker Safety generally enforced these provisions 
effectively. Data on workplace accidents and fatalities for the 2010-
2011 period was not available.

                               __________

                               LITHUANIA

                           EXECUTIVE SUMMARY
    The Republic of Lithuania is a constitutional, multiparty, 
parliamentary democracy. Legislative authority resides in the 
unicameral parliament (Seimas). Presidential elections in 2009 were 
considered free and fair. Parliamentary elections in 2008, also free 
and fair, led to the formation of a center-right coalition government. 
Security forces reported to civilian authorities.
    The country's most significant human rights problems were poor 
prison conditions, intolerance of sexual and ethnic minorities, and 
lengthy detention of persons awaiting trial.
    Additional problems included interference with the privacy of 
persons, domestic violence, child abuse, libel and antidiscrimination 
laws that limited freedom of expression, and trafficking in persons.
    The government took measures to prosecute or otherwise punish 
officials who committed abuses, whether in the security services or 
elsewhere. There were some reports of impunity among personnel in the 
prison system.
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.
    According to the National Courts Administration, during the year 
five cases involving alleged war crimes or crimes against humanity 
reached courts and 15 new investigations were started.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits inhuman or degrading treatment 
or punishment, but there were reports that police physically mistreated 
detainees.
    During the year the Human Rights Ombudsman's Office received two 
complaints that officials used force or psychological pressure to 
obtain evidence in investigations. The office found one of them to be 
groundless, while the other was terminated because the applicant 
withdrew his complaint.
    In May the Council of Europe's Committee for the Prevention of 
Torture (CPT) released a report on the 2010 visit of a CPT delegation. 
The report stated that the delegation received some assertions, 
including by juveniles, that law enforcement officials mistreated them. 
Most allegations of mistreatment involved excessive use of force at the 
time of apprehension or slaps, kicks, punches, or truncheon blows 
during questioning. A majority of persons interviewed, however, 
indicated that they had been treated properly. Some detainees 
complained that officers in police detention centers employed insulting 
language or behavior.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions did not meet international standards. Some prisons 
were overcrowded, and the CPT criticized the absence of safeguards to 
prevent prisoner abuse.
    As of December 31, according to the Prisons Department, the 
country's prisons held 9,920 inmates, including 421 women and 130 
juveniles. This number was approximately equal to total official 
capacity. Nevertheless, the distribution of the prison population was 
such that six institutions were overcrowded, including Siauliai Remand 
Prison, which had a capacity of 452 inmates but held 708. The capacity 
of detention facilities was 878. According to the Police Department, 
detention facilities were not over capacity during the year.
    In its May report, the CPT noted a lack of progress by the 
government in improving the treatment of juvenile offenders, 
particularly in the Kaunas Juvenile Detention Center and Prison, which 
earlier CPT delegations had declared to be ``unacceptable.'' According 
to the report, the CPT observed ``clear progress'' regarding the 
material conditions of detention, including enlargement of cells.'' 
Despite the physical improvements, the delegation reported little 
progress in some areas, including in the legal and procedural 
safeguards against abuse of inmates by prison personnel. For example, 
in one of the police detention centers visited by the CPT, the 
delegation encountered a juvenile who alleged that he had been raped 
three times shortly before the visit and that the custodial staff had 
refused his request to change cells. An investigation was underway, but 
the CPT delegation expressed ``misgivings'' that it was not conducted 
by an authority independent of the prison system.
    The CPT report noted major shortcomings, including overcrowding, in 
the Klaipeda and Vilnius city police detention centers.
    During the year the parliamentary ombudsman received 94 complaints 
from inmates about prison conditions, compared with 123 in 2010. Most 
complaints involved the failure of administrators to give proper 
attention to prisoners' grievances regarding such problems as poor 
hygiene in visiting rooms and other premises, poor food quality, 
overcrowding, and inadequate operation of prison shops. The ombudsman's 
investigators found 35 of these complaints to be justified.
    Prisoners had access to potable water. Prisoners and detainees had 
reasonable access to visitors and were permitted religious observance. 
There was no ombudsman specifically dedicated to prison matters, but 
prisoners could submit complaints to judicial authorities without 
censorship and request investigation of credible allegations of inhuman 
conditions. Authorities generally investigated such allegations and 
documented the results in a publicly accessible manner. No problems 
with recordkeeping were reported.
    The Parliamentary Ombudsman's Office served prisoners by 
investigating their complaints and attempting to resolve them, usually 
by making recommendations to detention institutions. The ombudsman's 
office reported that institutions were responsive to all of their 
interventions.
    During the year the government allocated more than one million 
litas ($376, 000) to the renovation of prison facilities. The May CPT 
report indicated that ``significant investments were made in the Kaunas 
facility for juveniles'' and that all the renovation and reconstruction 
work announced by the government authorities in its response to the 
2008 CPT visit had been completed.
    The government permitted monitoring visits by independent human 
rights observers, and such visits occurred during the year. 
Representatives of the Parliamentary Ombudsman's Office made 14 visits 
to prisons to observe conditions and hear prisoners' complaints. Media 
representatives also visited prisons. The government permitted 
monitoring in accordance with their standard modalities by independent 
nongovernmental observers (e.g., human rights groups, the International 
Committee of the Red Cross, as well as international bodies such as the 
CPT). On May 17, a delegation from the Middle Europe Corrections 
Roundtable visited Vilnius House of Correction. On September 22-23, 
participants from the annual conference of European Society of 
Criminology visited Lukiskes Prison in Vilnius.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government generally observed these 
prohibitions, but there were complaints of illegally prolonged pretrial 
detention.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the State Security Department, 
police, and military forces, and the government has effective 
mechanisms to investigate and punish abuse and corruption. There were 
no reports of impunity involving the security forces during the year.

    Arrest Procedures and Treatment While in Detention.--Warrants are 
generally required for arrests and judges may issue them only upon the 
presentation of reliable evidence of criminal activity. Police may 
detain suspects for as long as 48 hours before charging them.
    Detainees have the right to be informed of the charges against 
them, and there were no complaints of failure to comply with this 
requirement. Bail was available and widely used. Detainees had prompt 
access to family members. The law provides the right to an attorney 
from the moment of detention and, if the detainee is indigent, to one 
provided at state expense; this right was not always respected. The law 
entitles a detained person to a prompt judicial determination of the 
legality of the detention, and authorities respected this right in 
practice.

    Pretrial Detention.--The pretrial judge may order a suspect's 
detention for a maximum of three months if the suspect is accused of a 
felony, but only to prevent the accused of fleeing or committing new 
crimes, facilitate an unhindered investigation, or comply with 
extradition requests. As of July 1, the average length of pretrial 
detention was seven months and 13 days. In many cases the law permits 
detention to be extended to 18 months (12 months for juveniles), 
subject to appeal to a higher court. Such extensions, often based on 
the alleged danger the defendant would pose to society or the 
possibility that he or she would influence witnesses, were frequent. 
Approximately 10 percent of the incarcerated population consisted of 
pretrial detainees.
    The law provides for civil liability for damage caused by the 
unlawful actions of investigating officials, prosecutors, judges, and 
courts, but no information was available on the frequency with which 
officials were sued on these grounds.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government respected this provision in 
practice.

    Trial Procedures.--Defendants enjoy the presumption of innocence. 
The law provides for public trials; juries are not used. While 
defendants have the right to be present, the law permits trials in 
absentia when a defendant is outside the country. The law establishes 
the right to legal counsel for defendants from the time of their 
arrest. It provides for free legal counsel for indigent persons. During 
the year the human rights ombudsman received seven complaints that 
authorities failed to provide such counsel but found all of them to be 
groundless. Defendants have the right to access government evidence, 
present evidence and witnesses, and confront and question witnesses 
against them. Defendants have the right to appeal.
    Local human rights experts criticized the practice of trying 
persons in absentia, which, they contended, denied defendants the 
opportunity to cross-examine witnesses or present evidence in their own 
defense.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court of Human Rights (ECHR) heard 15 cases involving 
Lithuania and found that nine violated the European Convention on Human 
Rights. On a number of occasions, the government did not pay damages 
awarded by the ECHR within the period stipulated in the court's final 
judgments.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Plaintiffs may sue for legal 
or injunctive relief based on human rights violations. Apart from 
redress within the court system, victims of human rights abuses may 
appeal to the parliamentary ombudsman for a determination regarding the 
merits of their claims. Once avenues for appeal in the domestic court 
system have been exhausted, individuals could file complaints with the 
ECHR for alleged violations of the European Convention on Human rights 
by the state. Although the ombudsman may only make recommendations to 
the offending institution, his findings were generally honored in 
practice.

    Property Restitution.--The law places significant restrictions on 
claims for the restitution of communal property. On June 21, the 
parliament passed legislation to compensate for the seizure of Jewish 
communal property during the Holocaust. The sum of 128 million litas 
($48 million) was scheduled to be disbursed over 10 years to a 
foundation managed by the Jewish Community of Lithuania, the country's 
main religious community, and other institutions promoting Jewish 
religion, health care, culture, and education.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits arbitrary interference in 
an individual's personal correspondence or private and family life, but 
there were reports that the government did not respect these 
prohibitions in practice. The law requires authorities to obtain a 
judge's authorization before searching an individual's premises and 
prohibits the indiscriminate monitoring by government or other parties 
of citizens' correspondence or communications. However, domestic human 
rights groups alleged that the government did not properly enforce the 
law. During the year the State Data Protection Inspectorate 
investigated 256 allegations of arbitrary interference with privacy by 
government officials and companies, compared with 270 allegations in 
2010. Most complaints involved individuals' assertions that government 
agencies and companies violated data safety requirements by collecting 
or using their personal data, such as their personal identity numbers, 
without a legal basis or justification. During the year the 
inspectorate conducted 43 preventive, as opposed to complaint-driven, 
investigations of enterprises and government agencies for possible 
violations, compared with 80 such audits in 2010.
    On September 28, the Constitutional Court ruled that the 
parliament's 2008 adoption, by resolution, of a Conceptual Framework 
for National Family Policy, violated the constitution. According to 
human rights groups, the resolution, which defines ``family'' and 
related terms in such a way as to limit them to married heterosexual 
couples and their children, failed to observe the requirement, stemming 
from the constitution to regulate legal family relations by means of 
law, ``rather than a lower-level legal act'' such as a resolution. 
Human rights groups criticized the framework for its narrow definition 
of family, which they alleged would challenge the legal status of 
unmarried couples with children, single-parent families, and homosexual 
families and could deny legal protection to children born out of 
wedlock.
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.

    Freedom of Speech.--Individuals could criticize the government 
publicly or privately without reprisal, and the government did not 
attempt to impede criticism.
    The constitutional definition of freedom of expression does not 
protect such ``criminal acts'' as incitement to national, racial, 
religious, or social hatred, violence and discrimination, and slander 
and disinformation.
    The penal code criminalizes denial or ``gross trivialization'' of 
international crimes, of Soviet or Nazi German crimes against Lithuania 
or its citizens, or trivializing genocide, crimes against humanity, or 
war crimes. During the year an investigation continued into statements 
by Algirdas Paleckis, the leader of the Frontas Party, who stated 
publicly in December 2010 that the 14 civilians who were killed by 
Soviet military units during the events of January 13, 1991, 
represented a case of ``Lithuanians shooting Lithuanians.'' (Paleckis 
is not a member of parliament and thus not protected by parliamentary 
immunity). Member of parliament Kestutis Masiulis called on prosecutors 
to investigate the statement as a ``derogation of the memory of those 
killed'' and ``insulting all supporters of Lithuanian freedom.'' The 
prosecution maintained that the 1991 Soviet action against Lithuania 
and its citizens constituted a war crime and consequently violated the 
penal code. Paleckis maintained that the prosecution was a violation of 
his freedom of speech. The court decision was pending at the end of the 
year.
    It is a crime to incite hatred against persons or groups. According 
to the Ministry of Interior, during the year authorities initiated 332 
cases involving allegations of incitement to hatred and discrimination, 
most of them over the Internet, and sent 98 to the courts for trial. 
The courts decided 96 of these. A number of investigations and court 
cases from prior years continued. Most allegations of incitement of 
hatred involved homophobic, racist, or anti-Semitic expression.

    Freedom of Press.--While the independent media were active and 
expressed a wide variety of views, they were subject to the same laws 
that criminalize speech that grossly trivializes international and war 
crimes and prohibit ``hate speech.'' Radio and television broadcasters 
included a mix of independent and public stations. International media 
generally operated without restriction..

    Censorship or Content Restrictions.--Although it continued to 
attract criticism from international human rights groups, the 2010 law 
prohibiting material ``detrimental'' to minors' ``bodies or thought 
processes, information promoting the sexual abuse and harassment of 
minors or promoting sexual relations by minors or sexual relations in 
general'' was not invoked during the year, and there were no reports 
that it adversely affected freedom of the media.

    Libel Laws/National Security.--It is a crime to disseminate 
information that is both untrue and damaging to an individual's honor 
and dignity. Libel is punishable by a fine or imprisonment of up to one 
year, or up to two years for libelous material that is disseminated 
through the mass media. Journalist Gintaras Visockas was sued for libel 
for commentating on a presidential candidate's background and implying 
a connection to the secret service. He was found guilty and fined. 
Visockas appealed to the ECHR.

    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 generally 
engage in the expression of views via the Internet, including by e-
mail. Authorities prosecuted persons posting material they considered 
to be inciting hatred.

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law and constitution provide for the right to assemble 
peacefully, and the government generally respected this right in 
practice.

    Freedom of Association.--The law provides for freedom of 
association, and the government generally respected this right in 
practice; however, the government continued to ban the Communist Party 
and other organizations associated with the Soviet period.

    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 laws provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the government generally respected these rights in 
practice. The government cooperated with the Office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
returning refugees, stateless persons, and other persons of concern.

    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.

    Safe Country of Origin/Transit.--Authorities did not permit asylum 
seekers coming from ``safe'' countries of transit to enter the country; 
they returned them to the country of transit without reviewing the 
substantive merits of their applications. According to the Migration 
Department, authorities did not have a list of safe countries but 
defined such countries as ones in which the person's life or liberty 
would not be threatened on account of membership in one of the 
categories specified in the 1951 refugee convention and associated 
instruments and from which the individual would not be sent to another 
country in contravention of his rights under these agreements.

    Nonrefoulement.--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.

    Temporary Protection.--There were two additional forms of 
protection in addition to asylum. ``Temporary protection'' may be 
granted to groups of persons in the event of a mass influx of aliens, 
but an individual alien has no right to apply for this protection. No 
grants of temporary protection were issued in the first eight months of 
the year. The government may also afford ``subsidiary protection'' to 
individuals who do not qualify as refugees but who cannot return to 
their countries of origin because of fear of torture or because 
violence, military conflict, or systematic violations of human rights 
in that country would endanger their basic rights or fundamental 
freedoms. During the year the government granted subsidiary protection 
to 86 persons.

    Stateless Persons.--Citizenship can be acquired either by birth in 
the country's territory or from one's parents.
    According to the UNHCR, there were approximately 3,674 stateless 
persons in the country in 2010, a decline from 5,900 in 2008. The 
decline was mainly related to high emigration rates driven by the 
economic crisis and increased unemployment--the number granted 
citizenship annually was low: 240 in 2008, 106 in 2009, and 78 in 2010. 
According to the director of the Migration Department, virtually all 
the persons classified as stateless were residents of the country at 
the time of the dissolution of the Soviet Union but did not take 
advantage of their right to qualify for citizenship.
    Naturalization requires residence in the country for at least 10 
years, an unlimited residence permit, a knowledge of the Lithuanian 
language and the basic provisions of the constitution, an oath of 
allegiance, and the ability to defray one's living costs.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.

    Elections and Political Participation.--Recent Elections.--The May 
2009 presidential elections and 2008 parliamentary elections were 
considered free and fair.

    Political Parties.--The government continued to ban the Communist 
Party; other political parties could operate without restriction or 
outside interference. Citizens could run for municipal councils without 
being on party lists.

    Participation of Women and Minorities.--Both the president and the 
speaker of the parliament were women. At year's end there were 26 women 
in the 141-seat parliament and two women in the 15-member cabinet of 
ministers. Women accounted for 5 percent of mayors, 21 percent of 
municipal council members, and 5 percent of local administration 
directors. Three members of ethnic minorities served in parliament.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, but 
authorities often did not implement the law effectively, and officials 
sometimes engaged in corrupt practices with impunity. Corruption 
remained a problem, as indicated in Transparency International's 2011 
assessment.
    A number of active and former government officials were 
investigated, tried, convicted, or sentenced for corruption during the 
year. As of September 1, the trial continued of Alytus mayor Ceslovas 
Daugela, arrested in October 2010 for corruption. The mayor, who had 
interests in construction businesses, was charged with illegal dealings 
in the reconstruction of the city stadium, document falsification, and 
embezzlement of more than 500,000 litas ($188,000). The trial continued 
at year's end.
    The law provides for public access to government information, and 
government institutions generally provided access in practice. During 
the year the parliamentary ombudsman received 106 complaints of delays 
by government offices in providing information and found 68 of them to 
be valid. The ombudsman recommended disciplinary action against the 
officials involved. Although the ombudsman's recommendations were not 
binding, the Parliamentary Ombudsman's Office reported that authorities 
took disciplinary action in 10 cases.
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 Office of the Equal 
Opportunities Ombudsman is an independent public institution with 
responsibility for implementing and enforcing rights under the Law of 
Equal Treatment and for investigating individual complaints. A 
Children's Rights Ombudsman Institution oversees observance of 
children's rights and their legal interests and may initiate 
investigations of a possible violation of children's rights, either 
upon receipt of a complaint or on its own initiative. A parliamentary 
ombudsman investigates complaints about abuse of office or other 
violations of human rights and freedoms in the sphere of public 
administration. The ombudsmen institutions received government funding 
but maintained that their funds were inadequate. In 2010 the ombudsman 
for children's rights resigned after receiving criticism for 
ineffective work related to a widely discussed and unsolved case of 
suspected pedophilia.
    The human rights committee of the parliament prepares and reviews 
draft laws and other legal acts related to civil rights and presents 
recommendations to state institutions and other organizations about 
problems related to the protection of civil rights. It also has 
oversight of the Office of the Parliamentary Ombudsman.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits and penalizes discrimination based on race, 
gender, social status, ethnic background, age, sexual orientation, 
disability, and religion or beliefs. Despite government programs and 
efforts at enforcement, discrimination against women and ethnic and 
sexual minorities persisted.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape. Convicted rapists generally received three-to-
five-year prison sentences. During the year 191 rapes were reported, 
compared with 208 in 2010.
    Societal violence against women remained a serious problem. 
Penalties for all types of violence depend on the level of injury in 
each case. Penalties for murder range from eight years to life in 
prison. There are no specific penalties for domestic violence. During 
the first half of the year, police received 25,673 telephone calls 
reporting domestic violence and started 471 investigations; 
approximately 20 women were killed during the year as a result of 
domestic violence.
    On December 15, the first domestic violence law went into effect, 
providing a legal basis for rapid governmental reaction to instances of 
domestic violence as well as for preventive measures and assistance to 
victims. The new law permits police and other enforcement officials, 
with court approval, to require perpetrators to live apart from their 
victims, avoid all contact with them, and surrender any weapons they 
may possess. From the entry into effect of the law until the end of the 
year, police registered approximately 3,000 domestic violence calls and 
started 935 investigations. According to police approximately 80 
percent of reported domestic violence cases involved alcohol.
    Municipal governments and nongovernmental organizations (NGOs) 
funded and operated 39 shelters that provided assistance to victims of 
domestic violence. The government fully funded two shelters. One of 
them, the Shelter for Children and Mothers in Vilnius, provided 
assistance to more than 100 victims of domestic violence, forced 
prostitution, and human trafficking during the year.

    Sexual Harassment.--The law prohibits sexual harassment, but women 
remained reluctant to approach police or other institutions when it 
occurred because of the reluctance of police to act and because of the 
fear, guilt, and shame associated with going public. The equal 
opportunities ombudsman received no complaints of sexual harassment 
during the year. According to the Equal Opportunities Ombudsman's 
Office, approximately 20 percent of women had experienced sexual 
harassment during their lifetimes.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children. Health clinics and local NGOs 
were permitted to operate freely in disseminating information on family 
planning under the guidance of the Ministry of Public Health. There 
were no restrictions on access to contraceptives. The government 
provided free childbirth services. Women had access to regular prenatal 
care, essential obstetric care, and postpartum care. The maternal 
mortality rate was low.

    Discrimination.--Men and women have the same legal rights in the 
judicial system, including in family and property law. Women 
nevertheless continued to face discrimination. Government policy 
requires equal pay for equal work, but women often earned less than 
their male counterparts. According to the Department of Statistics, the 
EU gender pay gap (an indicator used in the EU to monitor the 
inequality in pay between men and women) in 2010 was 14.6 percent, down 
from 15.3 percent in 2009. Women were significantly underrepresented at 
the managerial level. The Office of the Equal Opportunities Ombudsman 
is the governmental institution that promotes the legal rights of women 
and men.

    Children.--Birth Registration.--Citizenship can be acquired either 
by birth in the country or from one's parents. The government registers 
all births immediately.

    Child Abuse.--Child abuse, particularly in connection with parental 
alcohol abuse, continued to be a problem. According to the Department 
of Statistics, in 2009 approximately 24,200 children lived in 11,100 
abusive or dysfunctional families. Media sources reported that 
incidents of cruelty to children, including sexual abuse, intentional 
starvation, and beatings, were common. According to the Ministry of 
Interior, seven deaths from child abuse were reported during the year. 
The children's rights ombudsman reported approximately 290 complaints 
during the year, compared with 315 in 2010 and 407 in 2009. The 
ombudsman's office initiated 43 investigations of alleged abuse during 
the year, compared with 79 in 2010 and 297 in 2009.
    The penalty for violence or cruelty toward minors is one to two 
years in prison. Authorities may also remove abused children from their 
families and place them in foster care. Despite efforts to combat child 
abuse and aid abused children, the ombudsman reported that authorities 
provided ineffective assistance. During the year Child Line (a hotline 
for children and youth) received 139,204 calls and 1,553 letters from 
children concerning problems ranging from relations with their parents 
and friends to violence in their families and sexual abuse.

    Sexual Exploitation of Children.--The law provides for up to 13 
years in prison for sexual abuse of a child, but this type of abuse 
remained a problem. During the year the Interior Ministry registered 
104 cases of child sexual abuse (excluding child rape), compared with 
93 cases in 2010. The government operated a children's rehabilitation 
center to provide special care for sexually abused children.
    Laws against child pornography were enforced. Anyone involving a 
child in pornographic events or using a child in the production of 
pornographic material can be imprisoned for up to five years. According 
to the Ministry of Interior, seven criminal cases of child pornography 
were opened during the year. In the first nine months of the year, the 
children's rights ombudsman received six complaints of sexual 
exploitation of children. No information was available about 
convictions during the year.

    Displaced Children.--Street children were widely scattered among 
the country's cities. Most were runaways or from dysfunctional 
families. There were a number of free, government-sponsored programs to 
assist them. Sixty children's rights protection agencies administered 
by regional governments, other institutions, and numerous NGOs 
routinely assisted vulnerable children.
    There were 102 orphanages and 47 foster homes. Orphanages housed 
the vast majority of orphans and other children in need of care. In the 
first nine months of the year, the children's rights ombudsman received 
31 complaints of possible violations of children's rights in orphanages 
and foster homes.

    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 community consists of approximately 
4,000 persons. Anti-Semitism was manifest, especially on the Internet, 
and acts of vandalism were reported throughout the year.
    On April 11, the Ninth Fort in Kaunas, the site of systematic mass 
killings of Jews during the Holocaust, was desecrated with 13 
swastikas.
    On April 20, Adolf Hitler's birthday, a banner with anti-Semitic 
slogans, including ``Hitler was right'' and ``Juden Raus'' (Jews Out), 
was found near a synagogue in Kaunas. On the same day in Vilnius, three 
Nazi-era German flags were found on a hill near the center of the city 
and another on the outskirts. Police initiated an investigation into 
the incident as a violation of public order. On April 25, the Ministry 
of Foreign Affairs and the speaker of the parliament condemned the 
incidents.
    On June 2, a wooden dummy with the Lithuanian words used to convey 
the sounds of a pig written on its face was discovered outside the 
Tolerance Center of the Vilna Gaon State Jewish Museum in Vilnius.
    On July 10, an anti-Semitic attack was reported at the Paneriai 
Memorial, a tribute to Holocaust victims, mainly Jews. The memorial was 
vandalized with red paint and anti-Semitic phrases such as ``Hitler was 
right.''
    On July 16, in the town of Plunge, a memorial wall was dedicated to 
the 2,200 Jews of that town massacred by the Nazis in 1941. A number of 
Lithuanian dignitaries participated in the ceremony as did family 
members from around the world of Jews killed at Plunge. The monument, 
built with bricks from the former Plunge synagogue, was vandalized 
before the dedication ceremony.
    On November 2, the memorial plaque of the historic Snipiskes Jewish 
cemetery was vandalized with red paint.
    The government declared 2011 to be the Year of Remembrance for the 
Victims of the Holocaust in Lithuania. It sponsored several projects 
during the year, including events on September 23 commemorating the 
National Memorial Day for the Genocide of the Lithuanian Jews. In 
September President Grybauskaite awarded Life Saving Crosses to 55 
Lithuanians who saved Jews during the Holocaust. Throughout the year 
the government and civil society worked together to promote Holocaust 
education in schools and preserve Vilnius' Jewish cemetery. The 
government finished preservation of part of the ancient Jewish 
Snipiskes cemetery and in June rededicated it.

    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 Equal Treatment prohibits 
discrimination against persons with disabilities, although it does not 
specify what kind of disabilities and there was no proactive 
enforcement. During the year the equal opportunities ombudsman 
investigated 11 cases of alleged discrimination based on disability. 
The law mandates accessibility of buildings for persons with 
disabilities. According to 2009 data from the Department of Statistics, 
38 percent of housing was accessible to persons with disabilities.
    Individuals involuntarily declared incapacitated have no right to 
appeal the decision in court.
    The mental health system was widely regarded as inadequate. 
Although in 2007 the government approved a National Strategy for Mental 
Health, this area remained among the least reformed areas in the health 
sector.
    The Ministry of Social Security and Labor and the Council for the 
Affairs of the Disabled are the two primary governmental organizations 
responsible for developing equal opportunities in the labor market and 
improving government effectiveness in meeting the needs of and 
augmenting the social security net for persons with disabilities. The 
Ministry of Health is responsible for making health services equally 
accessible to all inhabitants of the country.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination against ethnic or national minorities, but intolerance 
and societal discrimination persisted. Minority ethnic groups, 
including Russians, Poles, Belarusians, Ukrainians, Tatars, and Karaite 
Jews, constituted approximately 16.5 percent of the population.
    During the year the Ministry of Interior reported 332 cases of 
alleged discrimination and incitement of racial or ethnic hatred (most 
of the instances investigated involved the Internet), compared with 159 
in 2010.
    There were reports of racially motivated violence during the year. 
The country's national day, February 16, continued to be an occasion 
for racist and xenophobic manifestations. In Kaunas youth wearing 
jackets and paraphernalia similar to those worn by skinheads attacked 
and beat a Pakistani national.
    On March 11, the 20th anniversary of the reestablishment of 
Lithuania after Soviet rule, approximately 1,000 people participated in 
a march in downtown Vilnius. The event included some racist and 
xenophobic slogans, and the primary organizer was a nationalist 
movement widely criticized for its association with skinheads and neo-
Nazis. Some marchers displayed slogans proclaiming ``Lithuania for 
Lithuanians'' and ``Thank God I was born white.'' Senior leaders 
denounced the demonstration; some criticized the continuing willingness 
of the Vilnius city administration to provide permits for this annual 
event.
    The small Romani community (approximately 3,000 persons) continued 
to experience problems, including discrimination in access to such 
services as education, housing, and health care; in employment; and in 
relations with police. However, there were no official charges of 
police abuse. Extreme poverty, illiteracy, perceived high criminality, 
and the negative attitudes of mainstream society kept this group locked 
in social exclusion, reflected in the fact that 40 percent of Roma did 
not know the national language. Many Roma did not have identification 
papers; a number of them, although born in the country, were stateless. 
The Romani unemployment rate continued to be more than 95 percent. 
Minority advocates continued to criticize the Vilnius city government 
for focusing on law enforcement in the Romani community but doing 
little to integrate Roma into the broader community.
    On September 23, the Supreme Administrative Court, in response to a 
lawsuit brought by the Vilnius community of Roma, ordered the Vilnius 
Municipality to pay nonmaterial damages of 55,000 litas ($21,000) in 
compensation for the destruction of Roma housing in 2004. By year's end 
the Vilnius Municipality had paid only a small portion of the award.
    On March 17, parliament adopted amendments to the Law on Education 
that for the first time set minimum requirements for hours and subjects 
to be taught in the schools. When fully implemented the revised law 
calls for all students to take the same high school graduate exam in 
the Lithuanian language and with standardized scoring. Representatives 
of the country's Polish minority were critical of the new provisions of 
the law and the manner in which they were implemented because they said 
it would reduce the emphasis in schools on Polish language and culture. 
Lithuanian politicians asserted that comparable requirements exist for 
ethnic Lithuanians in Poland and that the new rules do not violate EU 
norms or standards.
    Some members of the Polish ethnic minority community also argued 
that laws which do not allow Polish letters to be written in passports 
and on street signs violate their minority rights. On July 11, 
following numerous legal challenges by the Polish community, the 
Supreme Administrative Court upheld the previously existing law 
requiring that street signs be displayed in Lithuanian only. The 
European Court of Justice on May 12 also found Lithuania's law 
requiring personal names to be written in the state language in 
passports to be constitutional.
    The Polish ethnic community further complained of a lack of 
progress on restitution and compensation for lands owned by Poles 
before the Soviet and Nazi occupations. The National Land Service 
stated that it makes no distinction between ethnic communities and does 
not discriminate against the Polish minority. According to National 
Land Service data, 96 percent of outstanding claims in Salcininkai, 
which holds the largest Polish minority population, were settled. In 
the other center with a large Polish minority population, Vilnius city 
and region, 32 percent of outstanding claims in the city and 87 percent 
in the region were completed. This compared with 19 percent (city) and 
85 percent (region) in 2010.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--While there was no official 
discrimination against lesbian, gay, bisexual or transgender (LGBT) 
persons, society's attitude towards homosexuality remained largely 
negative. NGOs focusing on LGBT problems faced no legal impediments, 
but the few that functioned kept a low profile because of public 
hostility to their aims. The Lithuanian Gay League continued to promote 
an inclusive social environment for LGBT persons.

    Other Societal Violence or Discrimination.--The NGO community 
reported that people with HIV/AIDS were often discriminated against and 
treated with fear and loathing. For instance, in the case of a woman in 
Klaipeda who was diagnosed with HIV, the doctor publicly announced the 
diagnosis at the hospital where she was tested without her permission.
    During the year the equal opportunity ombudsman investigated 25 
cases of age discrimination. Most concerned discrimination in obtaining 
employment, insurance, loans, or leases.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, including members of the police and armed 
forces, to form and join independent unions of their choice without 
previous authorization or excessive requirements. The law provides for 
the right to strike, except for government employees involved in law 
enforcement or other security-related activities. The law protects 
collective bargaining for all workers with the same exceptions. The law 
prohibits employer discrimination against union organizers and members.
    In practice workers exercised the right to form unions. Although 
most workers had the legal right to strike, labor code procedures made 
it difficult for some to exercise this right. The law previously left 
the right to strike primarily in the hands of unions or union strike 
committees. Following complaints that such provisions deprived nonunion 
employees of the ability to call a legal strike, the law was amended to 
permit half of the employees of a unit or enterprise, voting by secret 
ballot, to call a strike. Collective bargaining was practiced. A 
tripartite council consisting of representatives of labor, business, 
and government estimated that between 5 and 25 percent of workers were 
covered under collective bargaining agreements.
    The prohibition against antiunion discrimination was often 
ineffective in practice, and there were reports that employers punished 
employees for attempting to organize unions. According to the 
International Trade Union Confederation, the judicial system was slow 
to respond to cases of unfair dismissal, and no employer has ever faced 
the penal sanctions for antiunion discrimination envisaged in the law. 
There are no labor courts or judges who specialize in labor disputes. 
Some large retail stores hired short-term contract labor and sometimes 
did not renew the contracts of union members.
    Managers often determined wages without regard to union preferences 
except in large factories with well-organized unions. The government 
periodically issued guidelines for use by state enterprise managements 
in setting wage scales.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, but such labor existed. Observers noted 
indications of trafficking young children for forced labor, mostly 
shoplifting.
    See also 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 exploitation of children in the workplace, and the 
government generally enforced these prohibitions effectively. 
Statistics from 2009 indicated that 8 percent of children working did 
so illegally, mostly in the agricultural sector, where children 
sometimes received unlawfully low compensation.
    The law sets the minimum employment age at 16 but allows the 
employment of persons as young as 14 for light labor with the written 
consent of the child's parents and school. The law mandates reduced 
work hours for children, allowing up to two hours per day or 12 hours 
per week during the school year and up to seven hours per day or 32 
hours per week when school is not in session. Persons under the age of 
18 are subject to additional restrictions, including a prohibition on 
night work.
    The State Labor Inspectorate is responsible for receiving 
complaints related to employment of persons under 18. During the year 
the inspectorate identified 26 cases of illegal child labor, mainly in 
the agriculture and catering sectors. Schools administered specific 
programs tied to labor safety.

    d. Acceptable Conditions of Work.--The legal minimum wage was 800 
litas ($300) per month. According to the National Statistics 
Department, the official ``poverty risk level'' in 2010 was 701 litas 
($263) per month. The law provides that the maximum time worked in any 
seven-day period, including overtime, may not exceed 40 hours for 
white-collar work and 48 hours for blue-collar work. Overtime is 
allowed only in cases stipulated by law, and both overtime and night 
work must be compensated by at least one-and-a-half times the hourly 
wage. The labor laws apply to both local and foreign workers.
    The State Labor Inspectorate, which is responsible for implementing 
labor laws, had a staff of 160 labor inspectors. During the year the 
inspectorate reported conducting nearly 12,300 company inspections. The 
most numerous abuses it found related to wage arrears, illegal 
employment, violation of labor contracts, faulty accounting for time 
off and hours worked, inadequate worker safety, and unsatisfactory 
investigation of accidents. Training provided by the State Labor 
Inspectorate helped reduce the scope of some of these abuses during the 
year. Workers dissatisfied with the result of an investigation could 
appeal to the court system.
    The law gives workers the right to safe and healthy working 
conditions, and this provision was generally enforced. During the year 
the State Labor Inspection Service recorded 52 fatal accidents at work 
and 125 severe work-related injuries, compared with 49 and 126, 
respectively, in 2010. These occurred mostly in construction, 
transport, processing, and agriculture sectors. To address the problem, 
the State Labor Inspectorate increased the qualification requirements 
for labor inspectors, engaged in more rigorous screening and training 
for inspectors, and organized a series of seminars on technical labor 
inspection.

                               __________

                               LUXEMBOURG

                           EXECUTIVE SUMMARY
    The Grand Duchy of Luxembourg is a constitutional monarchy with a 
democratic, parliamentary form of government. Legislative authority is 
vested in the unicameral Chamber of Deputies (parliament). The prime 
minister is the leader of the dominant party in the popularly elected 
parliament. In 2009 the country held parliamentary elections that were 
considered free and fair. Security forces reported to civilian 
authorities.
    Government delays in adjudication of asylum claims and failure to 
provide adequate housing for asylum seekers were notable problems that 
arose from the near doubling of asylum requests during the year.
    Other human rights problems reported during the year included cases 
of domestic violence against women and allegations of human 
trafficking, primarily of women for sexual exploitation.
    The government remained prepared to prosecute any officials in the 
security services and elsewhere in the government 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.

    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. However, the Council 
of Europe's Committee for the Prevention of Torture (CPT) criticized 
the local police practice of interrogating suspects considered 
dangerous or aggressive in a caged room with floor-to-ceiling bars.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted monitoring visits by independent human rights 
observers. However, authorities did not equip cells reserved for the 
intoxicated at local police stations with mattresses due to hygienic 
considerations.
    In August 2010 the government opened a new detention center near 
Luxembourg City for asylum seekers whose applications had been 
rejected, thereby relieving overcrowding in Schrassig, the country's 
sole prison. Nongovernmental organizations (NGOs) and a parliamentary 
delegation inspected the new center and raised no fundamental 
objections to conditions there. The government transferred to the new 
center all refused asylum seekers, reducing the population of Schrassig 
Prison (with a maximum capacity of 598) to 558 detainees. As of 
November there were 582 prisoners nationwide, consisting of 537 men, 38 
women, and 7 juveniles. In 2011 there was one death in Schrassig 
Prison, that of a detainee who committed suicide.
    Detainees had access to potable water. Alternative sentencing 
methods for offenders included community service and electronic 
monitoring devices. Prisoners had access to an ombudsman and were 
provided opportunities for religious observation, as well as at least 
five hours of access by visitors per month. Prison conditions for women 
were comparable to those for men.
    In response to a CPT report released in October 2010, the 
government introduced an hour of outdoor exercise each day for 
detainees held at the State Socio-Educational Center at Dreiborn.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the Grand Ducal Police, the judiciary 
police, and other law enforcement services, and the government had 
adequate mechanisms to investigate and punish abuse and corruption. 
There were no reports of impunity involving the security forces during 
the year.

    Arrest Procedures and Treatment While in Detention.--Warrants 
issued by a duly authorized official are required for arrests in most 
cases. Within 24 hours of arrest, police must inform detainees of 
charges against them and bring them before a judge for a determination 
of the detention's legality. There is a functioning bail system, which 
judges regularly employed.
    Under the law, detainees are supposed to be given immediate access 
to an attorney, whose services are provided at government expense for 
indigent detainees. However, in its October 2010 report, the CPT 
expressed concern that almost no detainees they interviewed had access 
to an attorney until their first appearance before an investigating 
judge, even when they had requested such access earlier. The CPT also 
noted that detainees were denied the right to meet confidentially with 
their attorney even after their appearance before the investigating 
judge. The government subsequently passed legislation providing 
financial assistance for detainees who could not afford an attorney. 
Meanwhile the Luxembourg bar association introduced a permanent duty 
roster of lawyers for detainees requesting an attorney prior to police 
questioning. The bar association distributed updated duty lists to the 
police on a regular basis during the year. Detainees were allowed 
prompt access to family members.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Defendants have the right to a presumption of innocence. Trials are 
public except for those involving sexual or child abuse. There are no 
jury trials. Defendants have the right to be present and to consult 
with an attorney in a timely manner. Defendants may confront witnesses 
against them and present witnesses and evidence on their behalf. 
Defendants and their attorneys have access to government-held evidence 
relevant to their cases. Defendants have the right of appeal.
    A legal basis exists for the establishment of religious and 
military courts under special circumstances, but no such action has 
occurred in more than 60 years.

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

    Regional Human Rights Court Decisions.--The country is party to the 
European Convention on Human Rights and subject to the jurisdiction of 
the European Court of Human Rights (ECHR). The government complied with 
court orders to pay compensation in cases it lost.

    Civil Judicial Procedures and Remedies.--The magistrate courts 
serve as an independent and impartial judiciary in civil and commercial 
matters and are available to individuals who wish to bring lawsuits 
seeking damages for, or cessation of, a human rights violation. 
Citizens may appeal cases involving alleged violations of the European 
Convention on Human Rights by the state to the ECHR after they had 
exhausted all routes for appeal in the country's court system.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    The independent media were active and expressed a wide variety of 
views without restriction.

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

    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 this right.

    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 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.
    Due to a large increase in requests for asylum, the government 
temporarily closed its asylum office from October 4 to 9 and accepted 
no new requests for international protection so that it could focus on 
improving procedures for processing growing numbers of asylum 
applications. The doubling of asylum applications led to a housing 
shortage for asylum seekers, forcing authorities to secure additional 
housing, which had reached capacity. To ease the shortage, authorities 
installed tents at local campsites to provide approximately 200 adult 
male asylum seekers with temporary shelter. These individuals were 
moved into normal residential housing a few weeks later, after which 
the use of tents for this purpose ceased. The new facility was only for 
those who had been denied asylum. Most individuals with pending 
applications were housed in rented apartments or equivalent quarters.
    Iraqi refugee applicants conducted a several-week hunger strike in 
September to protest asylum adjudication delays lasting several months. 
No asylum seekers have been returned to Iraq.
    The government reported that 1,274 asylum requests were filed 
between January and August 2011, reflecting a doubling of the caseload 
from the previous year. In 2010, 786 people sought asylum; 237 of these 
requests were rejected.

    Safe Country of Origin/Transit.--Luxembourg applies the safe 
country of transit principle. There are no laws permitting the denial 
of asylum based on an applicant's country of origin.

    Nonrefoulement.--The government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened on account of their race, religion, 
nationality, membership in a particular social group, or political 
opinion. There is no ``black list'' for repatriation; each dossier is 
examined on its merits.

    Temporary Protection.--The law provides for the possibility of 
granting protection to individuals who may not qualify as refugees; the 
government granted such protection to nine persons as of October.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--In 2009 
the country held elections for the 60 seats in the Chamber of Deputies 
that were considered free and fair.

    Participation of Women and Minorities.--There were 15 women in the 
60-member Chamber of Deputies and four women in the 15-member cabinet. 
There were 19 women in the 32-member Supreme Court. There was one 
parliamentarian of Portuguese descent and one minister of Italian 
descent.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
no reports of government corruption during the year. The Ministry of 
Justice is responsible for combating government corruption. Public 
officials are not subject to financial disclosure laws.
    While there is no law providing public access to government 
information, in practice the government granted the public access to 
such information and placed extensive quantities of government 
information on official Web sites.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--There is an Ombudsman Committee 
for the Rights of Children. The committee, although government-funded 
and composed of government nominees, was independent. The resources 
provided were sufficient to allow for its continuous and unrestricted 
operations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the government effectively enforced it.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
including spousal rape, and the government enforced the law 
effectively. The legal penalties range from five to 10 years' 
imprisonment. The law prohibits domestic violence, and the government 
effectively enforced the law. The law is gender neutral and provides 
for the removal of abusers from their residences for 10 days; this can 
be extended an additional three months. Penalties may include fines and 
imprisonment. If a person approaches an NGO for assistance in such 
cases, the police are required to investigate. In 2010 there were 589 
cases of spousal abuse requiring a police response, and 264 of the 
abusing spouses were removed from their homes.
    The government funded organizations that provided shelter, 
counseling, and hotlines. There were three hotlines for abused women. 
The government provided financial assistance to domestic violence 
victims during the year.

    Sexual Harassment.--The law prohibits sexual harassment and 
requires employers to protect employees from sexual harassment. The law 
prohibits gender-based job discrimination and harassment of 
subordinates by superiors. Disciplinary measures against offenders are 
available, including dismissal. An employer's failure to take measures 
to protect employees from sexual harassment is considered a breach of 
contract, and an affected employee has the right to paid leave until 
the situation is rectified. Sexual harassment in the workplace was not 
considered a problem.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely the number, spacing, and timing of their children, and to 
have the information and means to do so free from discrimination, 
coercion, and violence. There was easy access to contraception and 
skilled attendance during childbirth. According to U.N. statistics, the 
2008 rate of maternal mortality was 17 deaths per 100,000 live births. 
No barriers existed that limited access to maternal health services.

    Discrimination.--Women enjoy the same legal rights as men, 
including rights under family law, property law, and in the judicial 
system. The law mandates equal pay for equal work; however, according 
to government reports, women were paid 14 to 16 percent less than men 
for comparable work. The Ministry of Equal Opportunities is responsible 
for protecting the legal and social rights of women. In November the 
Ministry for Equal Opportunities started a campaign, focusing on the 
equality of men and women in the personal and professional spheres. 
This campaign followed two earlier ones in 2010 that focused on equal 
rights for women and men.

    Children.--Birth Registration.--Citizenship is governed by the 
principle of descent, according to which a father or mother who is a 
citizen automatically conveys citizenship to their offspring at birth. 
The government registered all births immediately.

    Child Abuse.--A special police unit is responsible for the 
protection of minors, and two call centers-one government-run, the 
other administered by an NGO-were available to victims of child abuse. 
Neither the government nor NGOs published statistics on child abuse 
during 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.--There were no reports of anti-Semitic acts. The 
Jewish community numbered approximately 1,500 persons.

    Trafficking in Persons.--Please see the Department of State's 
annual 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 in the 
provision of other state services or other areas, and the government 
effectively enforced these provisions. The law does not require 
government or privately owned buildings to be accessible to persons 
with disabilities, but the government subsidized the construction of 
``disabled friendly'' structures. The NGO Aid for Handicapped Children 
advocated for the protection of the rights of persons with 
disabilities.
    The law establishes quotas requiring businesses that employ more 
than 25 persons to hire workers with disabilities and pay them 
prevailing wages, but the government acknowledged that these laws were 
not applied or enforced consistently. Reportedly, private companies 
with at least 25 workers had to include at least one employee with a 
disability. For larger companies, the workforce must consist of between 
2 and 4 percent of employees with a disability. For state and all 
public companies, at least 5 percent of the workforce must be 
classified as disabled.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There was one lesbian, gay, 
bisexual, and transgender organization, which operated without 
impediment. There were no reported incidents of discrimination based on 
sexual orientation or gender identity.

    Other Societal Violence or Discrimination.--There were no reports 
of official or societal discrimination against persons 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 independent unions of their 
choice without previous authorization or excessive requirements; the 
law also provides for the right to collective bargaining. The law 
allows unions to conduct their activities without interference, workers 
exercised these rights freely, and the government protected these 
rights in practice. There were no reported instances of antiunion 
discrimination.
    The law provides for the right to strike, except for government 
workers who provide essential services. Legal strikes may occur only 
after a lengthy conciliation procedure between the parties. For a 
strike to be legal, the government's national conciliation office must 
certify that conciliation efforts have ended.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports of trafficking 
in women for sexual exploitation. 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 are laws to protect children from exploitation in the workplace, 
and the government effectively enforced these laws. There were no 
reports of illegal child labor.
    The law prohibits the employment of children under the age of 16. 
Apprentices who are 16 years old must attend school in addition to 
their job training. Workers under the age of 18 have additional legal 
protection, including limits on overtime and the number of hours that 
can be worked continuously. The Ministries of Labor and Education 
effectively enforced the child labor laws.
    The Ombudscommittee for Children's Rights (a separate institution 
from the ombudsman) carried out a series of inspections including 
inspections for child labor.

    d. Acceptable Conditions of Work.--As of October 1, the national 
minimum wage for a worker over the age of 18 was 1,801 euros ($2,341) 
per month for unskilled workers and 2,161 euros ($2,809) for skilled 
workers. The poverty income level was 1,650 euros ($2,145) per month in 
2011. The Ministry of Labor enforced the minimum wage effectively. 
Minimum wage provisions covered foreign and migrant workers.
    The law mandates a maximum normal workweek of 40 hours. Premium pay 
is required for overtime or unusual hours. Sunday employment is 
permitted in continuous-process industries (steel, glass, and 
chemicals) and for certain maintenance and security personnel; other 
industries must request permission for Sunday work, which the 
government considered on a case-by-case basis and generally granted. 
Work on Sunday, allowed for some retail employees, must be voluntary 
and compensated at double the normal wage or with compensatory time off 
on another day, equal to the number of hours worked on Sunday. The law 
requires rest breaks for shift workers and limits all workers to a 
maximum of 10 hours per day, including overtime. The labor inspection 
court and the Superior Court of Justice are responsible for enforcing 
these laws. The government conducted investigations and transferred 
cases to judicial authorities regularly.
    The law mandates a safe working environment. An inspection system 
included penalties for infractions. The labor inspectorate of the 
Ministry of Labor and the accident insurance agency of the Social 
Security Ministry carried out effective inspections. Workers have the 
right to ask the labor inspectorate to make a determination regarding 
workplace safety, and the inspectorate usually did so expeditiously. 
There were 50 inspectors as of 2011. In 2010 there were 19,524 work 
related injuries, including 17 work related deaths; figures for 2011 
were not available.

                               __________

                               MACEDONIA

                           EXECUTIVE SUMMARY
    The Republic of Macedonia is a parliamentary democracy. A popularly 
elected president is head of state and commander in chief of the armed 
forces. A unicameral parliament (Sobranie) exercises legislative 
authority. On June 5, the country held national parliamentary elections 
that international observers assessed as meeting most international 
standards for democratic elections. Security forces report to civilian 
authorities.
    The most important human rights problem was the government's 
failure to fully respect the rule of law, which was reflected in its 
interference in the judiciary and the media, selective prosecution of 
political opponents of the country's leaders, and significant levels of 
government corruption and police impunity. Tensions between the ethnic 
Albanian and Macedonian communities, as well as societal discrimination 
against Roma and other ethnic and religious minorities, constituted 
another area of human rights concern.
    Other significant human rights problems reported during the year 
included poor conditions and overcrowding in some of the country's 
prisons, domestic violence, and some discrimination against women and 
persons with disabilities. There was societal prejudice against members 
of the lesbian, gay, bisexual, and transgender (LGBT) community, who 
were the subject of harassment and use of derogatory language, 
including in the media. Macedonia was also a source, destination, and 
transit country for men, women, and children for sex trafficking and 
forced labor.
    The government took some steps to punish police officials guilty of 
excessive force or impunity and strengthen the internal police 
investigation unit, but impunity continued to be a problem. There were 
credible claims during the year that the government interfered in high-
profile cases involving abuse of office or misuse of official position 
to coerce officials or party members or intimidate key opposition 
leaders.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--The government or 
its agents did not commit any arbitrary or unlawful killings.
    On June 5, Martin Neskovski was beaten to death by a plainclothes 
police officer, Igor Spasov, at the celebration of the ruling political 
party's election victory. Spasov, a member of the Ministry of 
Interior's special police unit, was arrested and put on trial. The 
ministry faced heavy media criticism for not moving quickly to identify 
and arrest the officer and for lack of transparency and communication 
with the public. The killing sparked daily youth protests that lasted 
two weeks and drew 500 to 1,500 persons demanding the resignation of 
the minister of interior as well as justice for the victim's family. 
Spasov pleaded innocent, claiming that he was on duty to provide 
security for Prime Minister Gruevski and other ministers. The ministry 
denied any responsibility for Spasov's actions. The Skopje Criminal 
Court convicted and sentenced Spasov to a 14-year prison sentence for 
murdering Neskovski. Following Spasov's arrest, the ``Stop Police 
Brutality'' members and Neskovski's family accused the government of a 
biased investigation, police impunity, and intimidation and claimed 
that Interior Minister Jankulovska had no control over security forces.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
credible reports that police used excessive force during the 
apprehension of criminal suspects and abused detainees and prisoners.
    During the first nine months of the year, the Ministry of 
Interior's Sector for Internal Control and Professional Standards Unit 
(PSU) reported receiving 51 complaints against police officers for use 
of excessive force. After preliminary investigations the PSU found 
grounds for further investigation in three cases. For all three cases 
the PSU proposed a mandatory disciplinary procedure against all the 
police officers in front of the Disciplinary Commission. However, the 
commission did not initiate disciplinary procedures in any of the three 
cases because it determined the cases to be obsolete.
    In its 2011 annual report, the Office of the Ombudsman reported 
some improvements in the investigations of the PSU; however, it 
reported that in most cases the PSU did not conduct thorough and 
objective investigations. The report also noted that this ``solidarity 
with police officers'' was shared by the courts and the public 
prosecutor and that court procedures lacked time limits, contributing 
to the impunity of police officers.
    Between November 2010 and July 2011, the nongovernmental 
organization (NGO) All4Fair Trials received 16 complaints from citizens 
alleging excessive use of force by police. It referred many of these 
complaints to the PSU or ombudsman. It also noted that some alleged 
victims did not want to report the incidents to authorities due to fear 
of reprisal. The NGO criticized the Prosecutor's Office for not 
completing prosecutions of police abuse cases filed in 2007 and 2008.
    According to the Council of Europe's Committee for the Prevention 
of Torture's (CPT) report on its fall 2010 visit to the country, a 
significant number of people alleged mistreatment by police officers. 
Police officers reportedly used punches and kicks to the body and head 
as well as the use of batons on suspects during interrogations, or 
during transfer from the place of arrest to a police station.

    Prison and Detention Center Conditions.--Inhumane prison conditions 
continued to be a concern. Discrepancies in statistics existed between 
the data provided by the Ombudsman's Office and by prison officials. As 
of November the ombudsman reported that the country housed a total of 
2,329 detainees and prisoners, although the designed capacity of all 
facilities was only 1,952 inmates. There were no reports of prisoners 
serving beyond their maximum sentence. Prisoners had access to potable 
water. The ombudsman's 2010 annual report stated that conditions in the 
prisons were unchanged and remained substandard and overcrowded. The 
report also noted that the opportunity for juvenile detainees to mingle 
with adult detainees remained a problem.
    The CPT report also stated that fundamental change was required to 
address challenges facing the prison system. The lack of a professional 
management approach, low staffing ratios, and an absence of 
accountability and clear rules were particularly problematic. At 
Idrizovo Prison, the country's largest prison facility, a number of 
credible allegations of mistreatment of prisoners by staff were 
received, and interprisoner violence remained a significant problem. 
Many inmates were held in deplorable living conditions, crowded 
together in a dilapidated, dangerous, and unhygienic environment, while 
most prisoners were offered no activities and locked in their cells for 
up to 23 hours a day.
    In the remand sections of Skopje and Tetovo Prisons, inmates were 
offered no organized activities and less than one hour of daily outdoor 
exercise, if any. The CPT report also detailed the overcrowding and 
poor material conditions in which remand prisoners were kept. The 
report was particularly critical of the treatment of juveniles held in 
remand and recommended that action be taken to offer them educational 
and recreational activities and to ensure that they were never held in 
a situation of de facto solitary confinement.
    The national authorities stated that measures were being taken to 
improve the conditions of detention in the prisons, particularly at 
Idrizovo Prison, with the support of a Council of Europe Development 
Bank loan. A new rulebook was adopted aimed at offering all prisoners a 
range of activities as well as the legal requirement of two hours of 
daily outdoor exercise.
    The CPT report noted consistent allegations of mistreatment of 
patients by staff as well as of interpatient violence, in particular at 
Demir Hisar Psychiatric Hospital. The CPT recommended implementing a 
policy of zero tolerance, improving staffing levels and 
professionalism, upgrading living conditions, and establishing an 
independent system for complaints and inspections. National authorities 
reported that procedures were being adopted to ensure proper conduct by 
medical staff towards patients and continuing training for orderlies 
and nurses. Authorities had plans to upgrade living conditions.
    At the Demir Kapija Special Institution for persons with mental 
disabilities, the CPT observed relaxed, positive relations between 
staff and residents. However, concerns were raised that the health-care 
needs of residents were not adequately met. National authorities 
responded that the quality of residential care improved following the 
recruitment of additional staff.
    The country has 11 prisons and two juvenile correctional 
institutions. Of the 11 prisons, two are high-security prisons--
Idrizovo in Skopje and the Stip prison. Six of these prisons also 
housed detainees. Men and women were held separately in both the 
prisons and the detention facilities. According to prison officials, 
the maximum capacity of prison facilities was 2,290. Prisons were 
designed to house 1,869 prisoners; detention facilities, 421 detainees; 
and the Tetovo Juvenile Correction Facility, 44 offenders. The total 
number of prisoners, including juveniles and women, was 2,300, of whom 
21 were juvenile offenders serving their sentences in the Ohrid 
juvenile prison. The total number of all pretrial detainees was 402. 
Idrizovo had a separate women's division housing all women offenders--
both adults and juveniles--from the entire country. Juvenile prisoners 
were held separately from adults and housed at the low-security 
juvenile prison in Ohrid. Pretrial detainees were held separately from 
convicted prisoners. Detainees charged with serious crimes punishable 
by more than 10-year prison sentences were held at Idrizovo.
    According to prison officials, two deaths of detainees were 
reported during the year. One detainee held at the Tetovo prison 
committed suicide. The second detainee died of natural causes at the 
Ohrid prison. Between ten and 12 prisoners died during the year--two in 
Skopje Prison, seven in Idrizovo, and one in Strumica prison. Six died 
while undergoing hospital treatments, one committed suicide, one died 
at home from natural causes while on weekend leave from prison, one 
died in a traffic accident while on weekend leave from prison, and one 
committed suicide while on weekend leave from prison.
    Some media reported that on February 2, an inmate of the Suto 
Orizari detention center in Skopje was found dead in his cell. The body 
reportedly was sent for examination to the Forensic Medical Institute, 
but sources from the institute said they had no record of any such 
case. On November 14, a woman reportedly committed suicide while in 
detention at the Tetovo Prison Detention Unit. Police, an investigative 
judge, and a prosecutor inspected the site and turned the body over to 
forensic examiners to verify the cause of death.
    The Ministry of Justice's Sanctions Enforcement Administration 
conducted a survey of Idrizovo State Prison personnel and the Suto 
Orizari Detention Center in Skopje. Results indicated that more than 
half of the custodial personnel possessed little to no professional 
skills or knowledge of relevant laws. In response the primary prison 
employees union complained of lack of adequate equipment and training 
and severe understaffing.
    In July the government enacted a new rulebook for detention centers 
that met EU standards, replacing the socialist-era rulebook. The new 
rulebook states that detainees will have access to a television and 
telephone and that security will be upgraded with a new modern control 
system.
    The ombudsman regularly visited the country's prisons and 
maintained complaint boxes there. The ombudsman stated that the right 
to express religious beliefs and practice religious rites in the 
penitentiary and correctional facilities was not hindered. Visitor 
access was allowed, but facilities remained insufficient for the number 
of prisoners, and conditions were poor.
    In its October progress report, the European Commission reported 
that the government had adopted an annual program for the construction 
and renovation of prisons. Parts of the prisons where degrading 
conditions were reported (in particular Idrizovo Prison and its semi-
open ward) were renovated. Conditions in the Tetovo Juvenile 
Correctional and Rehabilitation Institute continued to raise serious 
concerns, as did the closed ward of Idrizovo. The report noted that 
most of the prisons continued to be underfunded and could not cover 
their basic maintenance expenses and that the mechanisms for preventing 
and combating mistreatment and corruption in prisons remained weak.
    During the year the Ministry of Justice refurbished the old 
detention unit in the Suto Orizari Detention Center, equipped the 
fitness room, repaired the plumbing and sewage infrastructure, and 
designated two rooms for confidential meetings of detainees and their 
defense counsels.
    The government usually granted independent humanitarian 
organizations and the ombudsman access to convicted prisoners. The law 
allows family members, physicians, diplomatic representatives, and 
representatives from the CPT and the International Committee of the Red 
Cross access to pretrial detainees with the approval of the 
investigative judge. However, during the year the local branch of the 
Helsinki Human Rights Committee claimed that the government denied 
committee representatives access to prisoners.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, arbitrary arrest and detention were 
problems.

    Role of the Police and Security Apparatus.--The national police, 
consisting of uniformed police, criminal (civilian) police, and border 
police, are a centralized force under the Ministry of Interior. 
International observers and local NGOs cited corruption, lack of 
transparency, and political pressure within the ministry as hindering 
efforts to fight crime, particularly organized crime.
    In addition to investigating alleged police mistreatment, the PSU 
conducted all internal investigations into allegations of other forms 
of police misconduct. The PSU has authority to impose administrative 
sanctions during the course of its investigations, such as temporary 
suspension from work, but cannot impose disciplinary actions, which 
require a ruling from a disciplinary commission, or more serious 
criminal sanctions, which require court action. Although there were 
improvements with internal investigations and an active ombudsman, 
police impunity remained a problem.
    Insufficient funding and staffing hampered the PSU's effectiveness, 
and the professional capacity of the PSU remained low. Many observers 
considered that the PSU, Prosecutor's Office, and courts did not 
provide an effective deterrent to police abuse, contributing to an 
atmosphere of impunity. The 2010 ombudsman's report concluded that 
responses to complaints against police officers were ``endlessly 
delayed'' and that priority was given to complaints accusing citizens 
of attacking law enforcement officials, rather than complaints of 
police impunity.
    Although unit officials showed some improvement in efficiently 
conducting internal investigations, concerns remained about the low 
number of completed investigations and the lack of charges in 
outstanding human rights cases from previous years.
    Representatives from a number of international organizations, 
including the Organization for Security and Cooperation in Europe 
(OSCE), the EU, and foreign diplomatic missions, continued to monitor 
police operations and advise the Ministry of Interior on police 
reforms.

    Arrest Procedures and Treatment While in Detention.--The law 
requires warrants issued by an investigative judge for arrest and 
detention, and police generally followed this requirement in practice.
    The law states that prosecutors must arraign a detainee within 24 
hours of arrest. An investigative judge, at the request of a 
prosecutor, may order detention of suspects for up to 72 hours before 
arraignment. Police generally adhered to these procedures in practice. 
There were reports that police continued to call suspects and witnesses 
to police stations for ``informative talks'' without informing them of 
their rights. Police did not arrest the individuals or hold them for 
extended periods of time. The law permits immediate family members 
access to detainees, and authorities generally provided access, 
although it was not always prompt. The law states that an investigative 
judge must approve access requests.
    While judges usually granted permission for attorneys to visit 
their clients in detention, legal contacts reported that in some high-
profile cases, defense attorneys were not granted timely and 
confidential access.
    The Ministry of Interior conducted inspections of the registers of 
detained persons and prepared standard procedures for their detention 
and treatment. These procedures included designating shift supervisors 
who were responsible for the proper processing and treatment of 
detained persons.
    There is a functioning bail system. After arraignment the law sets 
the initial length of pretrial detention to a maximum of 30 days. This 
period may be extended up to 180 days in total if a council of three 
judges orders a 60-day extension for further investigation and a 
superior court orders an additional 90-day extension. The law allows a 
90-day extension only in cases for which sentencing guidelines provide 
that a person convicted of the crime under investigation serve at least 
five years in prison. Following indictment the maximum pretrial 
detention is two years.

    e. Denial of Fair Public Trial.--The constitution and laws provide 
for an independent judiciary; however, the government exercised 
political pressure and intimidation on the judicial branch. Inadequate 
funding of the judiciary continued to hamper court operations and 
effectiveness. A number of judicial officials accused the government of 
using its budgetary authority to exert control over the judiciary.
    Political pressure influenced the work of the Judicial Council, the 
body responsible for the election, discipline, and removal of judges. 
There were reports that the Judicial Council gave preference to outside 
candidates for judgeships instead of choosing 50 percent of new judges 
from academy graduates as the law requires. Through December the 
Judicial Council elected 27 new trial court judges, five of whom were 
academy graduates. On November 30, the Judicial Council elected Ana 
Gerasimovska, the daughter of the chair judge in the case against the 
owner and managers of the opposition-oriented television station A1, to 
be a judge on the Administrative Court.
    In December 2010 the appellate court released a convicted cigarette 
smuggler to house arrest pending appeal. The Supreme Court reversed the 
decision on the grounds that the appellate court judges misinterpreted 
the law on detention and filed motions with the Judicial Council 
against the appellate court judge and the president of the appellate 
court for ``unprofessional conduct and malpractice.'' Legal experts and 
members of the academic law community stated that neither 
interpretation could be considered incorrect, asserted that the motions 
before the Judicial Council were extreme, and questioned whether the 
Judicial Council should discipline judges for their interpretation of 
the law in a ruling. The media opined that the government was 
attempting to remove judges who did not succumb to executive pressure. 
One of the three judges involved in the appellate ruling resigned from 
the bench in December 2010 for unspecified reasons. The president of 
the appellate court, Jordan Mitrinovski, resigned his position as 
president ``for health reasons'' but said he wanted to remain a judge. 
On May 18, the Judicial Council removed Mitrinovski from the bench for 
unprofessional and incompetent conduct. On September 14, a Supreme 
Court-led panel denied Mitrinovski's appeal and upheld the Judicial 
Council's removal decision.
    In February 2010 the parliamentary Standing Inquiry Committee on 
Human Rights concluded that the human rights of defendants and 
witnesses in the 2003 Sopot case had been violated by the ``authorized 
bodies and institutions'' of the country. The committee found 
violations of prohibitions of torture, inhumane, or degrading 
treatment; the right to liberty and security; the right to privacy of 
home; and the right to a fair trial. The case involved the killing of 
two Polish NATO soldiers and two civilians by an improvised explosive 
device along the Kumanovo-Sopot road. Eleven ethnic Albanians were 
convicted in three separate trials in 2004, 2006, and 2009 and 
sentenced to 10 to 14 years in prison. In September 2010 the appellate 
court reversed the decision of the first trial court and ordered a 
retrial for all 11 defendants. Retrial started on April 19, before 
Basic Court Skopje I, and continued at year's end. At the end of the 
year, four defendants remained under house arrest, two remained in 
detention pending retrial, and five remained at large.
    Throughout the year the government heavily criticized the 
Constitutional Court for overturning a number of laws related to 
government-sponsored projects. In March the speaker of parliament 
demanded that the president of the Constitutional Court, Trendafil 
Ivanovski, come to parliament to explain the court's rulings. Ivanovski 
refused, citing the independence of the court. Previously, in October 
2010, the Verification of Facts (Lustration) Commission found Ivanovski 
guilty of collaboration with the secret services during the communist 
era. Ivanovski appealed the ruling to the Administrative Court, which 
upheld the guilty verdict. Ivanovski was suspended from the 
Constitutional Court and appealed to the Supreme Court. On March 22, 
the Supreme Court upheld the guilty verdict. Ivanovski again refused to 
step down from the court, and on April 12, parliament voted to remove 
him from office. Ivanovski filed a petition with the European Court of 
Human Rights (ECHR) that was pending at year's end.
    During the year the media and legal community criticized the 
government for proposing judicial legislation with little or no input 
from judicial or legal experts. Parliament also was criticized for 
passing a bundle of judicial legislation during its first week in 
session after the June 5 election without debate under a fast-track 
procedure. For example, the government proposed and parliament passed 
measures amending the law on the Judicial Council and the Prosecutorial 
Council to remove the minister of justice as a voting member. NGOs, the 
media, and legal professionals criticized the system, asserting that it 
would not solve major problems with the judiciary, such as chronic 
underfunding, political pressure on judges, and inadequate working 
conditions.
    The trial courts' efficiency improved significantly. Based on 
unofficial reports from government authorities, through September 30 
the trial courts decided 833,320, or 78.1 percent, of the 1,066,950 
cases on their dockets, versus 52.3 percent in the same period of the 
previous year. The efficiency of other courts varied. The appellate 
courts completed 77.5 percent of their caseload, and the Supreme Court 
completed 47.5 percent. The Administrative Court completed only 32.8 
percent of its workload. The transfer of backlogged cases involving the 
enforcement of civil judgments (mainly cases for collection of utility 
bills) from the courts to the private enforcement system began on July 
1. This activity, completed on December 31, would relieve trial courts 
of a backlog of 466,315 cases.

    Trial Procedures.--The law presumes defendants innocent until 
proven guilty. Trials are generally open to the public. The country 
does not use juries. A single judge hears less serious cases, and a 
panel of one or two professional judges and two to three lay judges 
hear more serious cases. The judicial panels determine guilt and impose 
sentences. The panel usually follows the recommendations of the 
presiding judge. Defendants have the right to an attorney in pretrial 
and trial proceedings. The law requires that courts provide indigent 
defendants an attorney at public expense, and authorities generally 
respected this requirement in practice. Defendants may question 
witnesses and present evidence on their own behalf. The law entitles 
defendants and their attorneys access to government-held evidence. In 
practice defendants were not always given access. Both the prosecution 
and defendants have the right to appeal verdicts.
    The law provides that courts may try defendants in absentia so long 
as they retry the convicted individuals if they later become available 
for trial.
    The courts published civil and criminal judgments online, but 
public access to judgments and court decisions remained limited. Most 
of these electronically published judgments lacked an indexing function 
and were difficult to search due to the large amount of deleted data. 
Officials cited privacy and data protection concerns as reasons why the 
courts did not publish more information on judgments.

    Political Prisoners and Detainees.--During the year there were 
claims that authorities detained persons for political reasons.
    On June 6, the day after the national election, police arrested 
Ljube Boskoski, leader of the United for Macedonia political party, on 
charges of illegal election campaign financing and misuse of official 
position. Police allowed journalists to film the arrest, including the 
seizure of 100,000 euros (approximately $130,000) in cash and a gun 
from Boskoski's vehicle. The video was broadcast on YouTube and the 
Ministry of Interior's Web site. Boskoski was sent to 30 days of 
pretrial detention on the day of his arrest, which was subsequently 
renewed. In November Boskoski was found guilty of both charges, 
sentenced to seven years in prison, and immediately began to serve his 
sentence.
    There were claims that officials used pretrial detention as a 
punitive measure in the case of the former manager of the Health Fund, 
Georgi Trenkoski. Trenkoski was arrested in November 2010 and sent to 
15 days of pretrial detention on charges more serious than those for 
which he had been indicted. Authorities justified pretrial detention as 
necessary to prevent Trenkoski, who had resigned from his position at 
the Health Fund three months earlier and had no access to its files, 
from tampering with evidence. Trenkoski's supporters claimed that the 
media were notified ahead of his arrest to ensure his humiliation. 
Trenkoski subsequently was released from detention, although the court 
seized his passport as a security measure to ensure his presence at 
trial. His trial, which started in June 2010, continued at year's end.

    Regional Human Rights Court Decisions.--As of December the ECHR 
issued seven decisions that found violations of the European Convention 
on Human Rights by the state. While the government enacted a law in 
2009 providing for enforcement of ECHR orders, government officials did 
not adequately implement the law, and the government complied with only 
a small number of the ECHR orders in a timely and adequate manner.

    Civil Judicial Procedures and Remedies.--Citizens had access to 
courts to bring lawsuits seeking damages for, or cessation of, human 
rights violations. Individuals may file human rights cases in the 
criminal, civil, or administrative courts, depending upon the type of 
human rights violation in question and the perpetrator of the alleged 
violation. Individuals may also appeal adverse decisions. The law 
provides the right to timely adjudication of cases and a legal basis 
for raising excessive judicial delays to the Supreme Court. Individuals 
could appeal court decisions involving alleged violations of human 
rights by the state to the ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The constitution provides for freedom of speech and press; 
however, the government did not always demonstrate respect for this 
right in practice, and government pressure on the media was a growing 
problem.

    Freedom of Speech.--The law prohibits speech that incites national, 
religious, or ethnic hatred, and the law provides penalties for persons 
who violate these laws. Individuals may criticize the government 
publicly or privately, but there were reports that the government 
attempted to impede criticism.

    Freedom of Press.--Media outlets were covered by the same laws that 
restrict speech inciting national, religious, or ethnic hatred. In 
addition there were reports that the government pressured the media and 
forced journalists to practice self-censorship. A few independent media 
voices were active and expressed a wide variety of views without 
restriction, particularly through online outlets. However, after the 
closure of opposition-oriented A1 Television and the daily newspapers 
Vreme, Shpic, and ``**** e Re,'' the number of media voices critical of 
the government declined. Media institutions and reporting continued to 
be divided along ethnic and political lines, with the most striking 
divisions visible in reporting on controversial political and 
interethnic issues.
    The government was one of the largest purchasers of advertising in 
the country and favored outlets and journalists it perceived as 
friendly. During the year the Association of Journalists of Macedonia 
(AJM) criticized specific media developments, such as the closing of A1 
Television and related print daily newspapers, firing of individual 
journalists, and overall decline in media freedom. The AJM called on 
authorities to engage publicly with members of the media to address the 
crisis. The Independent Trade Union of Journalists was another frequent 
voice of alarm over the erosion of media freedom.
    The ruling party, various ministries, and the president's cabinet 
regularly issued statements that denied any undue pressure on 
journalists but at the same time expressed disappointment over 
reporting by some media outlets--most frequently A1 Television and its 
related daily newspapers--and criticized them for bias and 
unprofessionalism.
    There were five major privately owned daily newspapers in the 
Macedonian language and three in the Albanian language. International 
newspapers and magazines were available throughout the country. 
Macedonian Radio and Television, whose reporting reflected the 
government's views and policies, was the country's sole public 
broadcaster. On July 30, authorities revoked the broadcasting license 
of A1 Television. Following the revocation, there were four private 
television broadcasters with national coverage, 13 national television 
stations that broadcast via satellite, and 58 private local and 
regional television stations. Most of the stations broadcast news 
programs and reflected a narrow segment of viewpoints. There were 80 
independent radio stations that broadcast around the country. All major 
broadcast and print media offered up-to-date Internet editions. During 
the year many online portals opened and provided views and commentaries 
that were critical of the government. Internet-based social networks 
were available and popular, and a small number of blogs maintained 
often critical content.

    Violence and Harassment.--On August 8, the head of the Media Labor 
Union was fired from her job at Alsat TV, which claimed the dismissal 
was based on the consensual termination of her contract. She filed 
charges against Alsat TV for wrongful termination, asserting that she 
never knowingly signed such a contract and that, by law, the leader of 
a trade union cannot be fired. Both domestic and international media 
organizations, including Reporters Without Borders, issued statements 
criticizing the ``arbitrary dismissal'' of journalists active in labor 
unions. While some journalists believed that factors other than her 
union position played a role in her termination, they stressed that 
Alsat TV failed to respect laws that prohibit companies from firing 
union leaders.
    In December 2010 Velija Ramkovski, businessman and owner of the 
country's most popular station, A1 Television, and several related 
print outlets also known for their opposition views, his daughter, and 
17 other employees of Ramkovski businesses were arrested on charges of 
tax evasion and conspiracy. Four additional suspects evaded arrest. 
There were credible reports that while in detention a pregnant detainee 
suffered a miscarriage and that another detainee with a serious medical 
condition was not provided assistance. Another detainee was rushed to 
emergency surgery without family notification. On March 22, prosecutors 
indicted all 23 suspects. The trial began on May 23 and continued at 
year's end. Eight defendants in the case remained in detention, 11 were 
under house arrest or other security measure, and four remained at 
large.
    With the companies' assets frozen by the Public Revenue Office and 
no access to additional funding, the three major daily newspapers with 
ties to Ramkovski were forced to stop publishing on July 3. On July 17, 
the court began bankruptcy proceedings against A1 Television, and on 
July 30, the Agency for Electronic Communication revoked the station's 
broadcasting license. Domestic and international media outlets and 
organizations, including the International Federation of Journalists, 
Reporters Without Borders, the Southeast European Media Organization, 
and the OSCE's representative for freedom of the media, criticized the 
closing of the outlets, noting that the media in the country was in 
crisis. Reporters Without Borders expressed concern over the ``decline 
of press freedom'' in the country and noted that the government's 
actions posed a threat to media independence.
    On July 18, by an emergency procedure, parliament amended the 
Broadcasting Law to expand the National Broadcasting Council from nine 
to 16 members, with the seven new members being nominated by the 
president and other government institutions. The amendment triggered 
widespread criticism from journalists and Reporters Without Borders, 
which interpreted the move as a government attempt to control the 
council.

    Libel Laws/National Security.--The AJM announced that nearly 200 
charges of defamation, libel, and slander filed by public officials 
from 2009 to August 2011 were pending against journalists. After the 
AJM dropped slander charges against a progovernment journalist on 
January 17, the government withdrew 35 other pending cases brought by 
government officials, including 21 brought by members of parliament. 
The government claimed that it maintained its right to sue journalists 
for defamation in order to defend its credibility from unprofessional 
journalists.

    Actions to Expand Press Freedom.--On September 14, the new deputy 
prime minister for EU integration, Teuta Arifi, cohosted a roundtable 
discussion with the AJM on the future of media in the country. 
Participants included journalists, media owners, students, and members 
of the international community. Dunja Mijatovic, the OSCE's 
representative on media freedom, paid a three-day visit to the country 
in October to discuss freedom of the media with a variety of 
stakeholders. At the end of her visit, she called on the government to 
support greater media independence and on the media to show increased 
professionalism and a willingness to work with the government on media-
related initiatives. Deputy Prime Minister Arifi held a follow-up 
roundtable on December 13, after which Minister of Justice Blerim 
Bexheti tasked a ministry-led multidisciplinary committee, including 
AJM representatives, to propose amendments for the decriminalization of 
slander.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e mail. Political 
activists and others critical of the government stated that their e 
mail, social media, and other electronic communications were monitored 
and/or disrupted by the government, but the extent of these practices 
was unknown.

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the government 
generally respected this right in practice. To hold public gatherings 
of any kind, organizers must notify the Ministry of Interior so the 
venue can be made secure.

    Freedom of Association.--The law provides for freedom of 
association, and the government generally respected this right in 
practice.

    c. Freedom of Religion.--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.--Beginning in April 2010, recognized refugees 
could no longer travel with the current 1951 Convention Travel Document 
(CTD) form, since it had not been upgraded to be a machine-readable 
travel document in accordance with the new International Civil Aviation 
Organization standards applicable as of that date. The Ministry of 
Interior's assessment of technical capacities to issue machine-readable 
CTDs or eventually biometric CTDs has been pending since 2010.

    Internally Displaced Persons (IDPs).--The government reported 474 
persons remained displaced from the 2001 internal conflict. Of these, 
200 persons lived in collective centers, and 274 were lodged with host 
families.
    IDPs received basic assistance, mostly from the Ministry of Labor 
and Social Policy, but had few opportunities for work due to the 
country's high unemployment rate. The UNHCR assisted 27 IDPs in 
establishing their civil status and obtaining identity documents.
    During the year the government encouraged IDPs to return to their 
homes of origin in areas the authorities considered safe. Some IDPs 
continued to assert that the government did not provide adequate 
support for the return process. Romani IDPs faced additional challenges 
because they were unable to document their tenancy at properties where 
they previously resided.

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide for the granting of asylum or refugee status both to those 
individuals meeting the criteria for refugee status and those meeting 
the criteria for subsidiary protection. The government has established 
a system for providing protection to refugees. However, the government 
did not grant refugee status or subsidiary protection to any asylum 
seekers during the year.
    The law on asylum meets most international and EU standards; 
however, it contains exclusionary provisions for persons under 
subsidiary protection that observers asserted do not comply with the 
1951 Refugee Convention. In addition the government did not effectively 
implement the law. No person has been granted any form of asylum since 
mid-2008. Subsidiary protection was terminated for nine Kosovo Romani 
cases on the basis of national security, an exclusion not contained in 
the 1951 Refugee Convention.
    In 2010 the UNHCR submitted friend of the court briefs to the 
Administrative Court about two refugee cases in which the Section for 
Asylum ceased providing subsidiary protection on exclusion grounds of 
constituting a danger to national security. The court accepted the 
appeals and returned the cases for re-adjudication. In July, despite 
instructions from the court to re-adjudicate, the Section for Asylum 
again ceased protection, again citing danger to national security. Of 
the 10 similar cases, six involved Roma from Kosovo residing in 
Macedonia since 1999 and four involved new asylum seekers. The cases 
were appealed to the Administrative Court.
    Visa liberalization with the EU introduced in 2009 resulted in an 
increased number of Macedonian asylum seekers in the EU. In response to 
an EU request to decrease the number of asylum seekers, the authorities 
organized a multiagency working group that created a multipronged 
strategy including a media campaign, sanctions for travel agencies who 
target potential asylum seekers, and profiling at border stations. From 
April to October, more than 1,500 Macedonia citizens (mostly Roma) were 
refused exit from the country on the basis of being potential asylum 
seekers in the EU.
    While authorities asserted that the law provides for protection of 
refugees and persons under subsidiary protection in accordance with EU 
standards, the UNHCR reported that the refugee status determination 
mechanism failed to provide basic procedural guarantees and proper 
determination as prescribed in the law, i.e., a cancellation of 
subsidiary protection status, ex-officio, without a hearing, based on 
undisclosed evidence.

    Safe Country of Origin/Transit.--The government rejected the asylum 
applications of persons who arrived in Macedonia via a safe country of 
transit. As of August authorities had rejected the applications of 56 
asylum seekers--42 from Greece and 17 from Serbia-- on the grounds that 
they had arrived through a ``safe third country.'' Advocates voiced 
concern about this because the determination if a particular third 
country is ``safe'' (for the purpose of returning an asylum seeker) 
cannot be answered in a generic fashion for all asylum seekers in all 
circumstances, arguing that it must be answered on an individual basis. 
The Section for Asylum issued the 56 decisions within a two-month 
period, without hearings, thus denying the applicants an effective 
opportunity to rebut the presumption of safety in the asylum law.
    The government reaffirmed its commitment to the international 
community that it would not deport failed asylum seekers from Kosovo, 
and no such deportations took place. Such persons were issued 
provisional identification documents in order to secure access to 
services. The documents were subject to extension as individual 
circumstances warranted. By June the Administrative Court accepted one 
appeal and returned the case for re-adjudication. It rejected appeals 
in two cases, while an estimated 40 cases were pending. The Supreme 
Court issued only two verdicts, rejecting the appeals, while 11 were 
pending. On June 30, a Higher Administrative Court was established to 
hear appeals against Administrative Court decisions. By early December, 
14 of the 15 judicial slots were filled, but the court's capacity to 
review decisions effectively remained limited due to insufficient 
administrative and logistical support. Rejected asylum seekers from 
Kosovo continued to be assisted by the UNHCR.
    The country continued to experience an increase in arrivals of new 
asylum seekers from outside the region, primarily from Central Asia and 
the Middle East, but also some from North Africa, Sub-Saharan Africa, 
South Asia, and Russia. There were no qualified interpreters in Pashtu, 
Dari, or Arabic, which made identification and conducting interviews 
difficult. The government deported most of these persons to unknown 
destinations after they applied for asylum. By the end of August, the 
number of registered asylum seekers increased from 174 in 2010 to 485. 
Of these individuals, 86 were present at the end of August at the 
reception center for asylum seekers in Vizbegovo, which has a capacity 
of 150 persons.
    The government issued identity documents to recognized refugees and 
other persons under subsidiary protection. However, authorities 
frequently delayed or failed to issue identification documents to new 
asylum seekers. The government has a formal system for appointing 
guardians. In practice no appointed guardian met an unaccompanied minor 
seeking asylum.

    Nonrefoulement.--In practice the government provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened on account of their race, 
religion, nationality, membership in a particular social group, or 
political opinion, or in which they would be subjected to torture or 
inhuman or degrading treatment or punishment. However, the UNCHR noted 
that only two locations in Skopje reported registrations of new asylum 
seekers. No border crossings, police stations, or immigration offices 
outside Skopje reported any registrations. The UNHCR raised concerns 
that asylum seekers presenting themselves outside of Skopje were not 
accounted for and may be informally returned or transported to third 
countries.
    By the end of August, 1,524 asylum seekers, refugees, persons under 
subsidiary protection, and other persons of concern remained in the 
country, most of them Roma from the 1999 conflict in Kosovo. The UNHCR 
continued to note progress in the return process of Roma to Kosovo, 
which it facilitated on the basis of individual voluntary requests. As 
of the end of August, 135 individuals had returned to Kosovo, while 213 
were awaiting return. The reconstruction of 11 houses in Kosovo was 
approved with the support of local authorities and the international 
community, pending provision of funds for their reconstruction.

    Durable Solutions.--The Ministry of Labor and Social Policy is 
responsible for the social protection of persons granted asylum. An 
office within the ministry worked to provide integrated, durable 
solutions with the support of the UNHCR. As of the end of August, 730 
persons (183 families) were granted asylum and had applied for 
integration in the country. However, the country lacked sufficient 
housing for these people. In 2008 the government adopted a seven-year 
program for integration of persons granted asylum, including assistance 
for public housing. Two years after its adoption, the government 
allocated a state-owned plot of land located in Visbegovo, Butel, for 
the construction of 30 public housing units for integrating refugees 
(to be funded by the UNHCR). The procedure for provision of necessary 
documentation for construction of housing units remained pending at 
year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, generally free, and fair elections held on the basis 
of universal suffrage.

    Elections and Political Participation.--Recent Elections.--In June 
the country held parliamentary elections, with high public turnout and 
only minor confirmed incidents. The OSCE's Office for Democratic 
Institutions and Human Rights reported that the elections were 
``transparent and well administered throughout the country''; however, 
insufficient separation between party and state activities and pressure 
on public sector employees to support the ruling coalition were 
problems. For the first time, citizens residing abroad could vote by 
absentee ballot.

    Political Parties.--On June 6, the day after the national election, 
police arrested Ljube Boskoski, leader of the United for Macedonia 
political party, on charges of illegal election campaign financing and 
misuse of official position. Boskoski was convicted on November 29 and 
sentenced to seven years in prison. Boskoski asserted his arrest was 
political retaliation for his preelection antigovernment speeches. 
Other sources claimed that his conviction was also retaliation for his 
alleged cooperation with the Office of the Prosecutor in the 2001 war 
crimes cases in which Boskoski received an acquittal, while the second 
defendant, Johan Tarculovski, was convicted and received a 12-year 
prison sentence.
    In August the government demolished the Cosmos apartment building 
owned by Fiat Canovski, leader of the opposition Party for European 
Future, claiming that it was a few inches above code requirements. 
Canovski asserted that the demolition was political retaliation for his 
party's having joined the opposition and financing opposition-oriented 
A1 Television after its accounts were frozen, allowing it to remain on 
the air during the election campaign. The government subsequently filed 
four court cases against Canovski and appointed to the case a judge who 
was the aunt of the minister of interior. Canovski reported difficulty 
in obtaining a firm to assess damages for insurance purposes (not only 
to his property, but to equipment belonging to the construction company 
as well). Canovski filed a complaint with the ECHR. On November 30, the 
government withdrew from parliament a draft amendment to the 
Construction Law, the purpose of which, according to the opposition, 
was to legalize the Cosmos' demolition retroactively.

    Participation of Women and Minorities.--There were 38 women in the 
123-seat parliament and three women in the 23-member Council of 
Ministers. The law requires gender diversity in each political party's 
candidate list; at least one in every three candidates must be of the 
gender opposite of the majority gender on the list. Sixty percent of 
judges were female. None of the country's 85 mayors was a woman.
    There were 24 ethnic Albanians, four ethnic Serbs, two ethnic 
Vlachs, two ethnic Turks, two ethnic Roma, and three ethnic Bosniaks in 
parliament. There were nine members of nonmajority communities in the 
23-member Council of Ministers.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, there were reports that some officials engaged in corruption 
with impunity. According to World Bank governance indicators, 
government corruption was a problem.
    There were credible claims during the year that the government 
interfered in high-profile cases involving abuse of office or misuse of 
official position to coerce government officials and party members or 
to intimidate key opposition leaders. A number of current and former 
government officials faced charges of misuse of position or abuse of 
office, while other officials and opposition leaders reported threats 
that they would face such charges.
    Police and judicial corruption were problems. During the year the 
Judicial Council removed seven judges for unprofessional and unethical 
conduct and initiated disciplinary action against at least eight 
others. Of the eight cases, three were dismissed as unfounded.
    During the year retrials continued for Vasil Tupurkovski, a former 
deputy prime minister and director of the Agency for Reconstruction and 
Development, who had been convicted of corruption, and for former prime 
minister and former minister of defense Vlado Buckovski, who had been 
convicted of abuse of office.
    In mid-June 2010 the Anticorruption Commission (ACC) filed 
misdemeanor charges against 220 public officials for failing to submit 
financial and conflict of interest statements. Of these, as of December 
2011, 169 cases were resolved. The court sentenced 128 public officials 
to fines ranging between 50 and 1,000 euros ($65-1,300), and 29 public 
officials received reprimands. Ten officials were acquitted, and in two 
cases the courts dropped the charges.
    Following the 2011 amendments to the anticorruption law, the term 
of office of the previous commission expired in the spring of 2010. In 
April parliament selected seven new members for the ACC. The opposition 
accused the ruling majority of politicizing the ACC by electing 
government affiliates, some of whom reportedly lacked the qualification 
required by law. The new ACC become operational on April 11, and 
Vosilav Zafirovski, a retired Ministry of Interior official, was 
elected president by a majority vote of the commission's members.
    The ACC was responsible for investigating complaints submitted by 
citizens. During the year the ACC received 908 complaints--267 of which 
referred to citizens' allegations of corruption and/or conflict of 
interest in all different areas and 641 related to the June early 
parliamentary elections--issued opinions on 641 election-related 
motions, and reviewed a total of 1,357 complaints and motions, which 
included some from the previous year. The ACC dismissed 2,914 
complaints for lack of jurisdiction and 198 complaints as unfounded. 
The ACC transferred one complaint to state organs for further 
investigation and recommended disciplinary action in three cases.
    During 2010 the chairman of the ACC requested that the public 
prosecutor charge five current and two former mayors with violating the 
law on public procurement. Each mayor was involved in separate events 
in which public money was allegedly spent without proper tendering and 
open calls for bids. At year's end the prosecutor's offices dismissed 
two of the cases as unfounded and another one because the statute of 
limitations had run. Four of the cases were remained review by the 
Prosecutor's Office.
    On October 31, ACC President Zafirovski announced the commission 
would request the Prosecutor's Office to press criminal charges against 
opposition Social Democratic Alliance of Macedonia (SDSM) and A1 
Television for election campaign finance irregularities. Based on the 
parties' financial reports, the ACC as a loan it received from 
Komercijalna Bank. The ACC also found that A1 Television violated the 
allowed donation threshold by giving overly generous advertising 
discounts to some parties. In their reaction, the SDSM accused the ACC 
of taking a selective approach and acting as an instrument of the 
government. The SDSM pointed out that the ACC report stated that the 
Internal Macedonian Revolutionary Organization (VMRO) had a financial 
shortfall.
    The ACC also found that the largest television broadcasters--A1, 
Kanal 5, and Sitel--were the largest political party election campaign 
donors because they granted abnormally generous advertising discounts. 
The ACC also found that no budgetary funds were misused for election 
campaign purposes.
    The law provides for public access to government information. 
Implementation of the law lagged, especially in respect to citizens' 
access to court judgments and other court decisions.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--The ombudsman worked to protect 
citizens against infringement of their rights by public institutions, 
reduce discrimination against minority communities and persons with 
special needs, promote equitable representation in public life, and 
address children's rights. The ombudsman has the right to visit all 
detained persons and report findings to the U.N. Most of the 3,940 
complaints that the ombudsman received as of early December concerned 
violations of judicial procedures, police abuse, police services to 
citizens, prisons, labor , consumer or property rights. The ombudsman 
reported good cooperation and communication with the government but 
noted that, while government responses to the ombudsman's inquiries 
were usually timely, they were often not substantive and at times 
lacked requested information.
    The country's seven-member Commission for Protection from 
Discrimination has a mandate to review discrimination complaints, issue 
recommendations, and promote the implementation of the law. The 
commission does not have the power to punish offenders. From January 
until November the commission received 58 complaints and resolved 36. 
Twenty-two were still in process. The commission did not have a full-
time staff and was located in an office that was not accessible to 
persons with physical disabilities. Unlike the ombudsman, the 
commission reviews complaints from both the public and the private 
sectors. However, the public was largely unaware of the commission's 
existence. Citizens who are not satisfied with the outcome of their 
complaint can seek remedy in court. The written opinion of the 
commission is admitted as evidence. As of mid-December no case was 
resolved in court.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on gender, 
race, disability, religion, national, social, or political affiliation, 
and provides for fines ranging from 400 to 1,000 euros ($520 to $1,300) 
on individuals or legal entities found guilty of discrimination. The 
government generally enforced these prohibitions. In January the 
government implemented the Law on Prevention and Protection from 
Discrimination to protect individuals and legal entities against most 
forms of discrimination, including from direct and indirect 
discrimination based on gender, race, skin color, membership in a 
marginalized group, ethnicity, language, nationality, social origin, 
religion or religious belief, other beliefs, education, political 
affiliation, personal or social status, mental and physical disability, 
age, family or marital status, property status, health condition, or 
any other discrimination ground provided for by law or a ratified 
international agreement. Although sexual orientation is not listed in 
the law as a basis of discrimination, the Commission for Protection 
from Discrimination handled one case of discrimination on the basis of 
sexual orientation under the ``other beliefs'' category.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal. The penalties for rape range from one to 15 years' 
imprisonment. Due to poor enforcement of the law, the penalties did not 
serve as a significant deterrent. As with domestic violence, police and 
judicial officials were reluctant to prosecute spousal rape, and many 
victims did not come forward due to social stigma.
    Domestic and other violence against women was a persistent and 
common problem. Cultural norms, including victims' concerns over 
possible shame to the family, discouraged the reporting of violence 
against women and the filing of criminal charges. Domestic violence is 
illegal, but authorities rarely enforced the law in practice. Advocates 
reported progress in improving legal structure related to domestic 
violence.
    There were seven limited-capacity government shelters and one NGO-
operated shelter for women at risk, a national NGO-operated hotline (in 
Macedonian and Albanian), and two crisis centers for temporary (24- to 
48-hour) shelter for victims of domestic violence. Local NGOs combating 
domestic violence relied largely on international donors. The 
government sponsored a public campaign against domestic violence that 
used well-known women from throughout society to raise public awareness 
of the problem.
    A joint U.N. Development Program/Ministry of Labor and Social 
Policy program to provide training to improve professional skills and 
create opportunities for self-employment for victims of domestic 
violence was completed and judged successful by advocates. While the 
program provided payments for six months to companies that employed 
women who were victims of domestic violence, advocates reported that 
victims and companies were largely unaware of it.

    Sexual Harassment.--The law prohibits sexual harassment in the 
workplace and provides a sentencing guideline of three months to three 
years in prison as punishment for violations. Sexual harassment of 
women in the workplace was a problem, particularly in the private 
sector. Authorities could prosecute sexual harassment under the law, 
but victims generally did not bring cases forward due to fear of 
publicity and possible loss of employment.

    Reproductive Rights.--Couples have the right to decide freely and 
responsibly the number, spacing, and timing of their children and means 
to do so free from discrimination, coercion, and violence. 
Contraceptives were widely available and affordable but are not covered 
under the national health-care system. Obstetric and postpartum care 
was available at hospitals throughout the country and was accessible to 
expectant and new mothers either through medical coverage provided to 
employed persons through their employers or to unemployed persons 
through the national welfare systems. Women and men were equally 
diagnosed and treated for sexually transmitted infections. According to 
2008 U.N. estimates, the maternal mortality rate in the country was 
nine deaths per 100,000 live births.

    Discrimination.--Women have the same legal status as men under the 
family law, inheritance law, and in the judicial system. Advocates 
reported that the number of women who own property and businesses was 
minimal and noted some industry-specific gender discrimination. Women 
from the Romani community did not have equal opportunities for 
employment and education due to traditional or religious restrictions 
on their education and role in society. In some Albanian communities, 
the practice of men directing voting (or voting on behalf of female 
family members) disenfranchised women.
    Although women remained underrepresented in the higher levels of 
government and the private sector, there were several prominent 
professional women in the public sector, including the interior and 
culture ministers and the deputy prime minister for EU integration. 
Sixty percent of judges in the country were female.
    The Department of Gender Equality in the Ministry of Labor and 
Social Policy was responsible for ensuring the legal rights of women. 
There were also gender equality commissions at the municipal council 
level.

    Children.--Birth Registration.--The law determines citizenship 
primarily by the citizenship of the parents but allows for acquisition 
of citizenship by birth in the country's territory for a child found in 
the territory of Macedonia with unknown parents, if authorities do not 
discover that the parents were foreigners before the child reaches the 
age of 18. Births of all children born in hospitals and medical 
institutions were registered automatically, and the law requires that 
all children, including those born at home or elsewhere, be registered 
at magistrate offices within 15 days of birth. Some Romani families 
delayed registration of newborns, making it difficult for these 
individuals to access educational, medical, and other benefits later in 
life because they lacked proper identity documents.

    Education.--The country's schools suffered from chronic 
underfunding and insufficient classroom space. Many schools offered 
classes in shifts, usually divided along ethnic or linguistic lines. 
While boys and girls generally had equal access to education, there 
were isolated instances of discrimination against girls in some 
educational institutions.

    Child Abuse.--Child abuse was a problem in some areas. Child 
welfare advocates asserted that children were reluctant to report abuse 
due to fear of being institutionalized. The Center for Social Work of 
the Ministry of Labor and Social Policy and the Department for Juvenile 
Delinquency of the Ministry of Interior are responsible for addressing 
child abuse. Advocates and the Ombudsman's Office reported a lack of 
accountability with regard to cases of child neglect and abuse in 
orphanages, shelters, and detention centers. NGOs were also active in 
this area. There were reports that Roma organized their children into 
groups to beg for money, clean vehicle windshields, or sell small items 
in public places. According to the Ministry of Labor and Social Policy, 
approximately 630 vulnerable children received basic education classes 
in shelter centers. In September the government opened a transit 
shelter for street children. In the first few weeks, 50 children were 
brought to the shelter, and the majority of children were returned to 
their parents. The government started permanent removal proceedings for 
eight children. The physical size of the shelter made it difficult to 
provide appropriate social services to the children.
    The government operated a hotline for domestic violence, including 
child abuse. An NGO-operated a helpline, provided an e mail address for 
battered or abused children, and conducted advertising campaigns aimed 
at children to promote the helpline.

    Child Marriage.--The minimum legal age for marriage is 18. A court 
can issue a marriage license to persons between 16 and 18 years of age 
if it finds them mentally and physically fit for marriage. Child 
marriage occurred in the Romani community and, to a much lesser extent, 
in the ethnic Albanian community. It was difficult to estimate the 
number of child marriages because they were rarely registered.

    Sexual Exploitation of Children.--Penalties for commercial sexual 
exploitation of children are between 10 and 15 years in prison. The 
minimum age for consensual sex is 16. The law prohibits child 
pornography, and the penalties for it are between five and 15 years in 
prison. Child prostitution was considered a problem, but its extent was 
not known.

    Displaced Children.--According to 2008 data from UNICEF, there were 
between 500 and 1,000 street children in the country, most of them 
Roma. With international support, the Ministry of Labor and Social 
Policy operated four day centers for street children.

    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 community estimated that 250 to 300 Jews 
lived 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.--Persons with disabilities faced 
discrimination in employment, education, and access to health care and 
other state services. The law requires persons with physical or mental 
disabilities to obtain approval from a medical commission of the 
government to serve in supervisory positions in both the private and 
public sectors. The law provides incentives to certain ``shelter 
companies'' to provide employment for persons with disabilities, but 
NGOs reported that restrictions on which companies qualified limited 
employment opportunities for persons with disabilities. The new 
antidiscrimination law, implemented in January, allows for those who 
allege discrimination to submit their complaints to the Commission for 
Protection from Discrimination.
    The law requires that only new buildings be made accessible to 
persons with disabilities. Many public buildings remained inaccessible. 
Inconsistent inspection resulted in construction of new facilities that 
were not accessible. NGOs reported the situation was improving over 
time.
    Advocates stated that employers were reluctant to hire persons with 
disabilities and that the difficulty of accessing educational and other 
opportunities prevented the full integration of persons with 
disabilities into society.
    The Ministry of Labor and Social Policy is responsible for 
integrating persons with disabilities into economic life and for the 
payment of benefits. In practice disability benefits did not cover the 
cost of living. Advocates indicated that employment and life-skills 
training programs for persons with mental and physical disabilities 
were very limited and did not contribute significantly to their 
economic integration.

    National/Racial/Ethnic Minorities.--According to the 2002 census, 
the ethnic composition of the population was 64.2 percent Macedonian, 
25.2 percent Albanian, 3.9 percent Turkish, 2.7 percent Romani, 1.8 
percent Serbian, 0.8 percent Bosniak, and 0.5 percent Vlach.
    Relations between the ethnic Macedonian and Albanian communities 
often were strained. Ethnic Albanians continued to complain of unequal 
representation in government ministries. Ethnic Macedonians claimed 
that employers targeted them for reverse discrimination in downsizing, 
regardless of performance. Some ethnic Albanians claimed that 
discrimination in citizenship decisions by the Ministry of Interior, 
which has authority to grant, revoke, interrupt, or confirm a person's 
citizenship, effectively disenfranchised them.
    The law provides for protection of minority rights and integration 
of all sectors of society. The government has a secretariat to hold 
accountable those state institutions that do not comply with the 
strategy for equitable minority representation, but the organization 
lacked enforcement and sanctioning mechanisms. According to the 
secretariat, there were 2,500 new public administration jobs advertised 
and 560 new jobs offered to ethnic minorities during the year. Data 
from July showed that ethnic minorities accounted for approximately 24 
percent of the employees of state institutions.
    Minorities remained underrepresented in the military, despite 
improved and continued efforts to recruit qualified minority 
candidates. Ethnic Albanians represented 18 percent of the army, and 
minorities as a whole accounted for 25 percent.
    The law provides for primary and secondary education in the 
Macedonian, Albanian, Romani, Turkish, and Serbian languages. The 
number of minority students who received secondary education in their 
native languages continued to increase, especially after secondary 
education became mandatory.
    Ethnic Turks complained of discrimination. Their main concerns were 
slow progress in achieving equitable representation in government 
institutions, the absence of ethnic Turkish-majority municipalities, 
and the inadequacy of Turkish-language education and media.
    Roma complained of widespread societal discrimination. NGOs and 
international experts reported that employers often denied Roma job 
opportunities, and some Roma complained of lack of access to public 
welfare funds. Roma NGOs also reported that proprietors occasionally 
denied Roma entrance to their establishments. Many Roma lacked identity 
cards, which are necessary to obtain government services such as 
education, welfare, and health care.
    The government funded implementation of the national strategy for 
the Roma Decade, including assistance with education, housing, 
employment, and infrastructure development. The government also 
continued to fund Roma information centers that directed Roma to 
educational, health care, and social welfare resources. Increased NGO 
and government funding to eliminate barriers to education for Romani 
students resulted in a continued increase in school attendance rates. 
For the 2010-11 school year, there were 2 percent fewer Romani students 
enrolled in primary education and 13 percent fewer in secondary 
education than during the previous school year.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Activists representing the 
rights of lesbian, gay, bisexual, and transgender (LGBT) individuals 
reported incidents of societal prejudice, including harassment and use 
of derogatory language, including in the media.
    Sexual orientation is not a protected category under the 
antidiscrimination law passed in 2010, although the Commission for 
Protection from Discrimination created by the law considered complaints 
from the LGBT community. The Ministry of Education, in response to a 
ruling of the Commission for Protection from Discrimination, agreed to 
review textbooks and withdraw parts that have negative LGBT stereotypes 
and prejudices.

    Other Societal Violence or Discrimination.--There were isolated 
reports of discrimination against persons with HIV or AIDS in 
employment and access to health care.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to form and join independent unions 
without previous authorization or excessive requirements. The law 
provides for the right to strike, and workers, including civil 
servants, exercised this right in practice. Members of the military and 
police are granted a restricted right to strike under a separate law. 
The law allows unions to operate without interference and protects the 
right to bargain collectively but requires that trade unions represent 
20 percent of employees in the public or private sector as well as 10 
percent of employers in order to negotiate collective agreements. 
During a strike the law allows employers to ``exclude'' or temporarily 
release up to 2 percent of workers whom they believe are potentially 
violent or engaged in ``undemocratic activity'' and are obstructing the 
negotiations between the workers and the employer. The law requires 
employers to pay the workers' benefits during the exclusion period and 
rehire them after the strike. The unions maintained that this provision 
allows employers to exclude union leaders from negotiations during a 
strike. If authorities declare a strike illegal, employers may dismiss 
participants or sue them for damages. The law prohibits antiunion 
discrimination and provides for reinstatement of workers fired for 
union activity. The government did not always enforce laws against 
antiunion interference.
    Freedom of association and the right to collective bargaining were 
respected in practice. Worker organizations were independent of the 
government and political parties. Unions may freely register with the 
Central Registry of Macedonia. More than 50 percent of the legal 
workforce belonged to labor unions, and unions were particularly well 
represented in the public sector. There were two major union 
federations, the Confederation of Trade Unions of Macedonia (SSM) and 
the Confederation of Free Trade Unions (KSS). Several unions were not 
affiliated with either of the two confederations, including unions of 
journalists, police officers, farmers, financial sector workers, and 
health-care workers.
    Most unions had collective bargaining agreements, and such 
agreements covered all legally employed workers for the public or 
private sectors. However, studies indicated that a significant number 
of employees in the ``gray'' economy were not part of the legal 
workforce. Estimates of the size of the gray economy were between 15 
percent and 40 percent of gross domestic product.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, forced 
labor occurred. Romani children were especially vulnerable to human 
trafficking, specifically forced begging in public places, usually by 
family members.
    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, including 
forced or compulsory labor, and the government effectively enforced the 
law in practice. The law mandates a prison sentence of at least eight 
years for anyone who buys, sells, keeps, or takes children or minors 
for the purpose of exploitation.
    The minimum age for employment is 15. Children who are 14 years of 
age can work as apprentices or as part of an official education 
program. The law prohibits employing minors under the age of 18 in work 
that is detrimental to their physical or psychological health and 
morality. The law also prohibits minors from working nights or more 
than eight hours per day or 40 hours per week.
    There were no official reports of illegal child labor during the 
year; however, there was evidence that individuals used such labor in 
the gray economy, primarily involving children who begged and sold 
cigarettes and other small items in open markets, the streets, bars, or 
restaurants at night. The children involved in these activities were 
primarily Roma and most often worked for their parents or family 
members. Officials did not punish such violations, and children 
remained vulnerable to exploitation.
    The Ministry of Labor and Social Policy is responsible for 
enforcing laws regulating the employment of children. Government 
efforts to eliminate forced begging by children were largely 
ineffective. Although the necessary laws were in place, officials 
seldom implemented them.
    During the year the Ministry of Labor and Social Policy funded 
three centers that provided education, medical, and psychological 
services to children who beg on the street. NGOs funded two additional 
centers for children in Skopje with support from the government. 
International donors supported programs to prevent children from 
begging on the street and to increase school enrollment of children at 
risk for such work.
    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 a national 
minimum wage was established by law for the first time and was set at 
8,500 denars ($177) per month. According to official statistics, the 
average monthly net wage in September was 20,659 denars ($430). In 2010 
the government estimated that the monthly cost of basic goods, 
including food, gas, and transportation for a family of four, was 200 
euros ($260). The government statistics office estimated that 
approximately 30.9 percent of the population lived in poverty in 2010.
    The law establishes a 40-hour workweek with a minimum 24-hour rest 
period, and paid vacation and sick leave benefits. Employees may not 
legally work more than eight hours of overtime per week or 190 hours 
per year. According to the collective agreement between the government 
and the unions, employees in both the public and private sector have a 
right to overtime pay at 135 percent of their regular rate. By law 
collective agreements apply to all workers whether union members or 
not. In addition the law entitles employees who work more than 150 
hours of overtime per year to a bonus of one month's salary. However, 
many employers hired workers without complying with the law. In 
particular small retail businesses often required employees to work 
well beyond the legal limits.
    During the year the Labor Inspectorate of the Ministry of Labor and 
Social Policy filed complaints against several private businesses for 
forcing employees to work long hours without the breaks required by law 
and for not legally registering all employees. In the case of such 
violations, labor inspectors have the legal authority to close an 
establishment until the employer corrects the violations. In cases of 
repeated violations, the owners can be fined. During 2010 authorities 
temporarily closed more than 1,000 companies due to labor violations 
such as the employment of nonregistered workers. No record of the 
number of employers fined was available.
    The Ministry of Labor and Social Policy did not strictly enforce 
laws and regulations on worker safety. It employed 110 labor 
inspectors. While workers have the legal right to remove themselves 
from situations that endanger their health or safety without jeopardy 
to their future employment, employers did not always respect this right 
in practice. Over the last two years, an average of 44 workers per year 
lost their lives in the workplace as a result of lax or nonexistent 
protection measures or long hours at construction sites.

                               __________

                                 MALTA

                           EXECUTIVE SUMMARY
    Malta is a constitutional republic and parliamentary democracy. The 
president is the head of state and is appointed by the unicameral 
parliament (House of Representatives). The president appoints as prime 
minister the leader of the party winning a majority of seats in 
parliamentary elections. General elections held in 2008 were judged 
free and fair. Security forces reported to civilian authorities.
    The government's harsh treatment of detained irregular migrants and 
asylum seekers from North Africa was the most serious human rights 
problem during the year, with strongest criticism directed at housing 
conditions and inadequate government programs for integrating migrants 
into Maltese society.
    Other significant reported problems included lengthy delays in the 
judicial system, which sometimes diminished individuals' access to due 
process; restrictions on freedom of speech and of the press; and 
criminal prosecution of individuals for public blasphemy. Societal 
problems included child abuse, trafficking in persons, and substandard 
work conditions for irregular migrants.
    The government took steps to prosecute and punish officials who 
committed abuses, whether in security services or elsewhere in the 
government. There were no reports 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and the 
government generally honored these prohibitions.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted visits by independent human rights observers; 
however, reports of poor conditions in government-run detention centers 
for irregular migrants persisted.
    As of August, the prison population of 580 inmates consisted of 446 
men, 30 women, and 104 juveniles (92 men and 12 women). Of the adult 
prison population, 238 were foreigners, representing nearly 41 percent 
of the total prison population. Approximately 58 percent of these 
foreigners were of African descent.
    Juveniles were separated from adults in most cases; however, first-
time adult offenders were housed in the same building as juveniles. 
Authorities held pretrial detainees with convicted prisoners, albeit 
with those incarcerated for lesser crimes and shorter sentences. 
Prisoners had access to potable water.
    Detainees had reasonable access to visitors and were permitted 
religious observance. Authorities allowed prisoners and detainees to 
submit uncensored complaints to judicial officials and to request 
investigation of credible allegations of inhumane conditions.
    Authorities renovated or built new toilets and kitchens in some of 
the closed centers (facilities where irregular migrants were detained 
pending adjudication of their cases). However, a temporary surge in 
irregular migration during the first quarter of 2011, stemming from the 
Libyan crisis, led to an increase in the migrant population. In August 
the population in the closed centers rose to 884 persons from 
approximately 75 in 2010. Migrants were housed in two closed centers, 
with Lyster Barracks reopened due to the new influx. The total 
population in the open centers (where migrants reside following 
determination of their status) was 2,541 compared with approximately 
2,000 in 2010.
    The government permitted visits to its detention centers by 
independent human rights observers, including foreign diplomats. A 
report by the U.N. Working Group on Arbitrary Detention, released in 
January 2010, indicated that the detention regime imposed on irregular 
migrants arriving by sea was not in line with international human 
rights law. Concern continued over migrants deemed vulnerable (e.g., 
minors, pregnant women, and families with children). There were no 
notable changes in conditions during the year notwithstanding the 
temporary surge in migrants.
    During the year the Refugee Commissioner's Office expanded the 
number of asylum determination officers and reduced asylum processing 
to less than 60 days. Migrants found ineligible for asylum or 
subsidiary protection status, or not otherwise deemed vulnerable 
because of age, sex, health, mental or other conditions were still 
detained in closed centers for up to 18 months. The government 
relocated vulnerable migrant populations and provided care appropriate 
to their conditions. Authorities moved migrants deemed to be minors to 
residential facilities and provided them needed services, such as 
education or training.
    In August mostly West African migrants held at the Safi closed 
center rioted after learning that their claims for asylum had been 
denied. Migrants complained of being handcuffed when taken for asylum-
related interviews or medical treatment outside the detention center 
and of the country's policy of lengthy migrant detention. Fifteen 
police officers, three Armed Forces of Malta soldiers, and one migrant 
reportedly were slightly injured. Police used tear gas and rubber 
bullets to quell the riot. In September the U.N. Committee on the 
Elimination of Racial Discrimination expressed concern about occasional 
riots in detention centers and reports of excessive force in countering 
them.

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

    Role of the Police and Security Apparatus.--The national police, 
under the responsibility of the Ministry of Justice and Home Affairs, 
maintain internal security. The army falls under the direct 
responsibility of the Office of the Prime Minister and is responsible 
for external security but also has some domestic security 
responsibilities.
    Civilian authorities maintained effective control over the police 
force, the security service, and the armed forces, and the government 
has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the police 
force or security forces during the year.

    Arrest Procedures and Treatment While in Detention.--With the 
exception of irregular migrants, whom authorities usually detained for 
two to 18 months pending adjudication of any asylum requests, an arrest 
warrant issued by a magistrate is necessary to detain a person for 
questioning and may be issued based on reasonable suspicion. Migrants 
receive access to legal counsel and are informed of their rights on 
arrival at a closed center. According to the constitution, police must 
either file charges or release a suspect within 48 hours; in all cases 
authorities must inform detainees of the grounds for their arrest. 
Police generally respected these requirements in practice. During the 
48-hour detention period, which generally included initial 
interrogation by police, arrested persons were entitled to access to 
legal counsel prior to interrogation, but not to visits by family 
members. Once authorities filed charges, pretrial detainees were 
entitled access to counsel and family.
    Authorities adjudicated applications for bail on a case-by-case 
basis and normally granted them in the case of citizens. The U.N. 
Working Group on Arbitrary Detention noted, ``The rules of release on 
bail are not applied equally to Maltese citizens and foreigners 
alike.'' Foreign criminal defendants who insisted on their right to a 
trial by jury occasionally were confined for more than two years 
awaiting arraignment and trial.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair and public jury trial, and an independent judiciary generally 
enforced this right. Trials are public and defendants must specifically 
request jury trials. Defendants have the right to counsel of their 
choice or, if they cannot afford counsel, to court-appointed counsel at 
public expense. Defendants and their lawyers have access to government-
held evidence relevant to their cases. Defendants may confront 
witnesses and present evidence; defendants enjoy a presumption of 
innocence and have the right to appeal. All citizens enjoy these 
rights.

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

    Regional Human Rights Court Decisions.--Through November the 
European Court of Human Rights (ECHR) issued nine judgments involving 
violations by the state of obligations under the European Convention on 
Human Rights. Malta complied with the ECHR judgments.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent and impartial court in civil matters, including for 
the determination of civil rights or obligations and for access to a 
court to bring lawsuits seeking damages for, or cessation of, a human 
rights violation. Persons who have exhausted their right to appeal in 
the national court system could apply to bring an alleged breach of 
human rights covered by the European Convention on Human Rights before 
the ECHR. Civil and judicial procedures for the exercise of this right 
exist, and citizens regularly made use of them.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
government generally respected this prohibition in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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. An independent press and a functioning democratic political 
system combined to ensure freedom of speech and of the press.
    The law prohibits ``vilification'' of or ``giving offense'' to the 
Roman Catholic Apostolic Religion, the country's official church. Also 
illegal, but carrying a lesser punishment, is vilification of or giving 
offense to any ``cult tolerated by law.'' It is a criminal offense to 
utter publicly any obscene or indecent words, make obscene acts or 
gestures, or in any other way offend public morality, propriety, or 
decency. From January to July, there were 119 convictions for public 
blasphemy, compared with 225 convictions for the same period in 2010.
    The independent media were active and expressed a wide variety of 
views without restriction. International media operated freely, and 
there was no indication of reprisals against individuals for either 
public or private criticism of the government.

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

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom.
    The law restricts cultural activities that publicly vilify the 
Catholic Church and other religions tolerated by law.
    In July the parliamentary secretary for culture announced that 
responsibility for the censorship and classification of films, plays, 
and literature would move from the Ministry of Justice and Home Affairs 
to the Office of the Prime Minister. Censorship and classifications did 
not change significantly with this move.

    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 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 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. The Libyan 
crisis resulted in a surge of migrant arrivals (more than 1,500) during 
the first three months of the year; the flow of migrants subsided in 
the spring and summer.

    Safe Country of Origin/Transit.--As an EU member state and a member 
of the Schengen Zone, the country followed laws and policies 
established in those bodies related to safe country of origin and 
transit. Malta denied asylum to applicants who arrived from a country 
deemed a safe country of origin. In practice, asylum applicants rarely 
were repatriated, although they were always offered the option of 
voluntary return to their country of origin. Migrants not qualifying 
for refugee status, but coming from countries considered unsafe to 
return due to war or other conditions, were granted subsidiary 
protected status, permitting them to stay in the country on a year-to-
year, renewable basis.

    Nonrefoulement.--In practice the government consistently provided 
some protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened on account 
of their race, religion, nationality, membership in a particular social 
group, or political opinion. In addition, migrants not qualifying for 
refugee status, but coming from countries considered unsafe to return 
due to war or other conditions, were granted subsidiary protected 
status, permitting them to stay in the country on a year-to-year, 
renewable basis. In practical terms, this meant that irregular migrants 
were not returned to North African countries during periods of conflict 
there. A Maltese court awarded $13,900 to each of two Somali migrants 
after finding that their human rights were violated when they were 
returned to Libya in 2004. Following their involuntary repatriation, 
they both eventually returned to Malta, where they filed the complaint.

    Refugee Abuse.--Authorities detained some irregular migrants, 
generally in closed detention centers, for up to 18 months after they 
arrived in the country, in instances where both their application for 
asylum and appeal were rejected. A new temporary humanitarian 
protection scheme was introduced to provide for such cases. There were 
723 persons in closed centers as of October. The length of the 
adjudication procedure experienced by any individual asylum seeker was 
reportedly related to the need to establish the migrant's identity, 
country of origin, and other vital information, since migrants nearly 
always arrived without identity documents. Such migrants could file 
asylum claims within two months of detention; however, they remained in 
detention while their cases were processed.
    According to the UNHCR, migrants spent an average of six months in 
detention in 2009. Due to a decrease in arrivals, the average detention 
time dropped to two months during 2010. Detainees also included persons 
who had not applied for asylum and those whose asylum applications and 
appeals were rejected or were under review. Individuals awaiting 
decisions on their cases occasionally protested their detention or 
attempted to escape from detention centers. Within a matter of days 
(usually less than two weeks) after their initial detention, 
authorities usually moved ``vulnerable individuals,'' such as children, 
pregnant women, elderly persons, and parents with infants, to ``open 
centers,'' where they were free to come and go. Migrant children are 
eligible for all government social services and are assigned a 
caseworker to ensure that their needs are met. The armed forces are 
responsible for the management of the closed detention centers and 
report directly to the Ministry of Justice and Home Affairs, while the 
Agency for the Welfare of Asylum Seekers (AWAS), part of the Ministry 
of Justice and Home Affairs, has responsibility for the welfare and 
accommodation of persons transferred from detention centers to open 
centers. Individuals were not required to stay in open centers if they 
could find other accommodations. However, authorities monitored 
individuals to whom they provided a subsidiary protection stipend.
    Authorities released all detainees whose cases were not resolved 
within 18 months, whether or not police had arranged to repatriate 
them. Authorities permitted them to remain in the country in ``open 
centers'' or in the community at large and issued them work permits. EU 
law prohibited them from travelling to other EU countries, and they 
were not eligible to bring family members to the EU. They were eligible 
for voluntary repatriation programs, but only a few chose to 
participate. There were no significant changes to this general pattern. 
As of year's end, there were approximately 2,541 migrants living in 
three open centers.
    Overcrowding persisted at the country's largest migrant open-
housing center in Marsa. Friable asbestos was present in one of the 
common areas. In other centers, high temperatures in the summer months 
and inadequate ventilation in tent housing and prefabricated housing 
units contributed to uncomfortable living conditions. In winter months 
tent housing had limited heating, and rain could penetrate the fabric 
that was not waterproof. Beneficiaries of subsidiary protection were 
entitled to remain in the country; move freely; receive personal 
identification documents, including one-year renewable residence 
permits; and obtain travel documents in emergencies. They could be 
employed; receive core social welfare benefits; seek appropriate 
accommodations; and benefit from integration programs, public education 
and training, and essential medical care. Their dependents enjoyed the 
same rights and benefits. However, this status does not provide for 
family reunification, a path to citizenship, or other benefits of 
refugee status. Most persons granted subsidiary protected status or 
other humanitarian protected status were from Somalia--3,743 overall.

    Temporary Protection.--From January through December, the 
government provided ``temporary humanitarian protection'' to 318 
individuals not legally entitled to asylum or subsidiary protection. 
The government also provided ``temporary humanitarian protection'' as 
an administrative procedure in special and extraordinary cases in which 
applicants were found not to be eligible for asylum or subsidiary 
protection but were considered to be in need of protection for special 
humanitarian reasons. During the year 129 persons received this 
protection.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--In 2008 
the country held parliamentary elections that observers considered free 
and fair.

    Participation of Women and Minorities.--There were six women in the 
65-seat parliament and two in the 14-member Cabinet of Ministers. 
Approximately 13 percent of senior government officials were women, and 
three women held ambassadorial rank. There were two female judges and 
10 female magistrates. There were no members of minorities in the 
government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
isolated reports of government corruption. Authorities pursued bribery 
cases involving both a former government official and members of law 
enforcement during the year.
    There were frequent allegations in the press that the contract for 
the extension of the Delimara power plant was awarded to one of the 
competitors in a manner contrary to normal competitive bidding 
processes. The EU commission engaged the government on the allegation 
and requested an explanation of the bidding process. The government 
provided its explanation to the commission in July 2010. In January the 
EU commission closed the investigation for lack of evidence ``that 
Malta had violated specific EU public rules.''
    Government officials are subject to financial disclosure laws; the 
court has the right to order financial disclosure, depending on its 
judgment of the circumstances. The police and the Permanent Commission 
against Corruption were responsible for combating official corruption.
    According to the Press Act, the government is to establish 
procedures to give representatives of the press information to help 
them ``fulfill their public tasks.'' However, the government neither 
defined the scope of this mandate nor enacted implementing legislation. 
Access to government information in certain specified areas, generally 
dealing with matters of public interest, security, or ongoing court 
proceedings, was excluded from this requirement. For government 
activities not subject to disclosure under the Press Act, there is no 
legal entitlement to government-held information; nevertheless, 
authorities generally provided access. A freedom of information law 
enacted in 2008 gradually entered into force. A newly established 
Information and Data Protections Commission, the regulatory agency 
responsible for implementing the act, began issuing initial directives 
establishing the scope of its jurisdiction.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating human 
rights cases. Government officials were cooperative and generally 
responsive to their views. The government cooperated with U.N. and 
other international bodies.

    Government Human Rights Bodies.--The country has an ombudsman 
empowered to investigate complaints about the activities of 
governmental bodies, including activities affecting human rights and 
problems involving prisoners and detainees. The ombudsman only 
investigates complaints when administrative or judicial remedies are 
not available. When the ombudsman concludes that a complaint is wholly 
or partly justified, he submits recommendations to the public entity 
responsible for undoing the harm the complainant suffered. The 
ombudsman has no power to force acceptance of any recommended remedy, 
but most recommendations were accepted. For example, of the cases 
investigated and concluded in 2010, 151 cases were resolved by informal 
action, 125 were deemed to be outside the Ombudsman's jurisdiction, and 
179 were found to be justified. The president appoints the ombudsman 
with the consent of two-thirds of the members of parliament.
    The House of Representatives' Standing Committee on Foreign and 
European Affairs and Standing Committee on Social Affairs have 
responsibilities for human rights issues. Members from both sides of 
the House of Representatives comprise the committee and collaborate 
closely on issues related to the committees' respective 
responsibilities. The committees normally held open hearings and their 
deliberations were usually a matter of public record unless a hearing 
was closed for security reasons. There was generally full debate on 
issues before the committees. Largely, the committee had a reputation 
for integrity and credibility, with legislation enacted in the areas 
under their purview enjoying widespread public support.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, or social status, and the government generally 
enforced these prohibitions in practice.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a criminal offense, and the government effectively prosecuted such 
crimes. The crimes of rape, spousal rape, and indecent assault carry 
sentences of up to 10 years in prison. Rape was not perceived to be a 
widespread problem. However, through October, there were 15 reported 
cases of rape.
    Also through October, the police received 725 reports of domestic 
violence. The law treats domestic violence as a criminal offense, and 
the government generally enforced the laws prohibiting it. Penalties 
ranged from three months to 20 years in prison. Some NGOs and victims' 
assistance advocates asserted that domestic violence remained 
underreported, primarily because of concerns by women that law 
enforcement personnel would not believe or protect them.
    A special police unit and several voluntary organizations provided 
support to victims of domestic violence. A hotline existed to assist 
victims of abuse through counseling and shelter referrals. The 
government also supported victims through its Ministry for Social 
Policy, which held responsibility for a government-supported shelter 
for women and children, in operation throughout the year; the 
government also provided financial support to other shelters, including 
one operated by the Catholic Church.

    Sexual Harassment.--Sexual harassment is unlawful and punishable by 
a 2,329-euro ($3,028) fine, six months' imprisonment, or both.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children. Health clinics and local health 
NGOs operated freely in disseminating information on family planning. 
There were no restrictions on access to contraceptives. A free and 
effective government health program provided for prenatal and postnatal 
care and delivery as well as other related medical services. A U.N. 
Population Fund report in 2011estimated the 2008 maternal mortality 
rate to be six deaths per 100,000 women. Men and women received equal 
access to diagnosis and treatment for sexually transmitted infections.

    Discrimination.--Women have the same legal rights as men, 
including, but not limited to, family and property law. Redress in the 
courts for sexual discrimination was available. The Ministry for Social 
Policy and the National Commission for the Promotion of Equality were 
responsible for gender equality. They focused on the broader 
integration of women into society and advising the government on the 
implementation of policies to promote equality of women and men. The 
right of divorce was introduced via a referendum held on May 28. 
Approved by parliament, the divorce bill went into effect on October 1.
    Women constituted a growing proportion of graduates of higher 
education and of the workforce. Nonetheless, they remain 
underrepresented in management and generally earned less than their 
male counterparts. Figures on the wage disparity between women and men 
differed moderately. The National Commission for the Promotion of 
Equality indicated that, for 2008, men were paid 17 percent more than 
women in comparable jobs. The European Foundation for the Improvement 
of Living and Working Conditions reported in March that the hourly pay 
gap was 2.4 percent. According to Eurostat, between the end of 2008 and 
the end of 2009, the latest period for which statistics were available, 
the female employment rate rose from 36.3 percent to 37.2 percent, 
while the male employment rate decreased from 73.5 percent to 71.5 
percent.

    Children.--Birth Registration.--Citizenship generally is derived 
from one's parents, although some specific applications of the law may 
be complex, allowing for transmission of citizenship by a grandparent 
or other relative. While specific data on access to health care and 
education for stateless children was not available, according to the 
local UNHCR representative, there were no reports that education and 
healthcare were denied to children due to their lack of nationality.

    Child Abuse.--In 2010 the Child Protection Service of Appogg, the 
social welfare services arm of the Ministry for Social Policy, received 
1,004 referrals of possibly abused children, compared with 1,053 in 
2009. The service's total case turnover for 2010 was 1,399, up from 
1,194 the previous year. There were 676 new and reopened cases, down 
from 697 in 2009. During the year 32 individuals were arrested and 
charged with child abuse. Four convictions were reported from these 
cases, the remainder were pending adjudication.

    Sexual Exploitation of Children.--Several individuals claiming that 
Catholic clerics had abused them consistently maintained authorities 
did not pursue cases of alleged sexual abuse of children by clerics 
unless a parent or adult filed a formal complaint. They alleged 
authorities instead allowed the church to handle the matter internally. 
Once filed, however, authorities followed the same police investigative 
and judicial procedures as for other such complaints. In July two 
priests received sentences of five and six years' imprisonment, 
respectively, after they were found guilty of sexually abusing boys 
entrusted to their care several years before. Both appealed their 
sentences. One of the priests was acquitted of rape due to an error in 
the charge sheet (specifying an inaccurate location of the alleged 
rape) although the judge indicated that he found the victim's evidence 
credible. The attorney general appealed the acquittal, and the case was 
pending at year's end.
    Statutory rape is punishable by three to six years in prison. The 
minimum age of consent is 18. Rape committed by violence carries a 
penalty of imprisonment for three to nine years, with or without 
solitary confinement. Creation of child pornography is prohibited and 
punishable by imprisonment of one to five years (up to eight years in 
special circumstances). Possession of child pornography is also 
prohibited and punishable by imprisonment not exceeding three years.

    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 during 
the year. The Jewish community numbered approximately 120 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 both the public and 
private sectors from discriminating against persons with physical, 
sensory, intellectual and mental disabilities in employment, education, 
health care, physical access, access to goods and services, housing, 
and insurance, and the government effectively enforced these 
provisions. As of the end of September, the National Commission for 
Persons with Disabilities (NCPD), the agency responsible for 
enforcement of this law, was working on 158 pending discrimination 
complaints from previous years. During 2010-2011, the NCPD opened 
investigations into 126 new cases and satisfactorily concluded 64.

    National/Racial/Ethnic Minorities.--The population included more 
than 10,000 persons of Arab, African, and East European origin. There 
were periodic reports in the media that owners of some bars and discos 
discouraged or prohibited darker-skinned persons, particularly of 
African or Arab origin, from entering their establishments. The 
government took no specific action to discourage these problems.
    In March a man was discharged conditionally for two years 
(comparable to a suspended sentence) after being found guilty of 
inciting racial hatred for posting comments on a newspaper blog. In 
September the U.N. Committee on the Elimination of Racial 
Discrimination noted with concern the ``discriminatory discourse and 
hate speech'' of some Maltese politicians, as well as the ``racial 
discourse'' in certain media outlets.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The country's 
antidiscrimination laws regarding sexual orientation only extend to the 
area of employment. On May 23, an individual who underwent gender 
reassignment surgery and was initially granted the right to marry her 
partner, returned to court after the attorney general sought an 
injunction against an earlier court ruling, which held that the surgery 
did not change the reality of gender. The Appeals Court found for the 
attorney general. The individual subsequently took her case to the 
European Court of Human Rights in Strasbourg, where it remained pending 
at year's end.

    Other Societal Violence or Discrimination.--There were no reports 
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution allows workers to form and join unions of their choice 
without previous authorization or excessive requirements, as well as to 
engage in collective bargaining; workers freely did so in practice. The 
law does not allow uniformed military and police personnel to join 
unions. However, employees without the right to strike or join unions 
participated in associations, such as the police association, through 
which they sought to protect their interests. The law allows unions to 
conduct their activities without interference, and the government 
protected this right in practice. Workers, with the exception of 
uniformed military and police personnel, have the right to strike, and 
during the year they exercised this right by conducting legal strikes. 
The labor law provides for compulsory arbitration; however, arbitration 
did not take place during the year.
    During the year there were no reports of antiunion discrimination 
or other forms of employer interference in union activities. The 
Employment and Industrial Relations Act prohibits antiunion 
discrimination and provides for reinstatement of workers ``unfairly 
dismissed,'' including for legal, nonviolent union activity.

    b. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, including by children; 
nevertheless, there were reports that women were subjected to forced 
labor, including in restaurants, private households, unskilled and 
skilled 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.--
There are laws and policies to protect children from exploitation in 
the workplace, and the government generally implemented these laws 
effectively; however, there were unverified reports that underage 
children worked as domestic laborers, restaurant kitchen help, or 
vendors, and during the summer in family-owned businesses.
    The law prohibits the employment of children younger than 16. The 
director general of the directorate for educational services may grant 
an exemption for employment only after determining that it would not 
harm the health or normal development of the minor. Such exemptions 
were granted in practice. While no legal work was specifically 
restricted, children granted an exemption were not allowed to perform 
work that could be regarded as harmful, damaging, or dangerous to a 
young person.
    The Employment Training Corporation (ETC), a government entity 
under the Ministry for Social Policy, is responsible for labor and 
employment issues. It generally enforced the law effectively in most 
formal sectors of the economy but allowed summer employment of underage 
youth in businesses operated by their families. No assessment was 
available of the effectiveness with which the ETC monitored the often-
unregistered employment of children as domestic employees, restaurant 
workers, and street vendors.

    d. Acceptable Conditions of Work.--The national weekly minimum wage 
was 153.45 euros ($199); in addition, there was an annual mandatory 
bonus of 270 euros ($351) and an annually adjusted cost-of-living 
increase of 242 euros ($315). The country's independent National 
Statistical Office estimated that approximately 15 percent of the 
population lives at or below the poverty income level of 5,961 euros 
($7,749). Following consultations with workers and employers, the 
government established the minimum wage, which it revises annually 
based on changes in the cost of living.
    Irregular migrant workers from Somalia, Eritrea, Sudan, and other 
sub-Saharan African countries, who comprised a small but unquantifiable 
percentage of the workforce, sometimes worked under conditions that did 
not meet the government's minimum standards for employment. In 2008 the 
General Workers' Union (GWU) issued a report documenting what it termed 
the ``exploitation'' of migrant workers. The general secretary of the 
GWU stated at a press conference that such workers often were employed 
in the most hazardous occupations, such as road construction and 
highway refuse cleanup, where traffic and environmental conditions 
posed a danger, and in the building construction trades, where 
accidents such as collapses might occur. In many cases migrants 
received less than the minimum wage. In 2008 AWAS, in coordination with 
the ETC, established informational programs to help individuals pursue 
employment and obtain work permits. The GWU and AWAS believed that the 
programs were beneficial, but there was no data to validate this 
assessment. The government operated a program called Restart II, 
through which irregular migrants who volunteered to leave the country 
could receive free rail or airfare to their country of origin, plus 
financial assistance. The program, funded in part by the EU, was to 
last until June. As of September, it had provided benefits to 24 
returnees.
    The standard workweek was 40 hours, but in certain occupations, 
such as health care providers, airport workers, and civil protection 
services, 43 or 45 hours was the norm. Government regulations provided 
for a daily rest period, normally one-hour, and one day of rest per 
week. Premium pay is required for overtime, excessive compulsory 
overtime prohibited, and workers cannot be obligated to work more than 
48 hours, inclusive of overtime. The Ministry of Social Policy 
generally enforced these requirements effectively in the formal 
economy.
    The Occupational Health and Safety Authority (OHSA), a government 
entity composed of representatives of the government, unions, and 
employers, conducted regular inspections at work sites and cited a 
number of offenders. Enforcement of health and safety standards 
continued to be uneven; industrial accidents remained frequent, 
particularly in the manufacturing, and building and construction 
sectors. Workers have the right to remove themselves from situations 
that endangered health or safety without jeopardizing their employment, 
and OHSA generally enforced this right.

                               __________

                                MOLDOVA

                           EXECUTIVE SUMMARY
    Moldova is a republic with a form of parliamentary democracy. The 
constitution provides for a multiparty democracy with legislative and 
executive branches, as well as an independent judiciary and a clear 
separation of powers. Legislative authority is vested in the unicameral 
parliament (Parliament). The Alliance for European Integration (AIE) 
coalition retained its parliamentary majority in November 2010 
elections, which international observers stated met most Organization 
for Security and Cooperation in Europe (OSCE) and Council of Europe 
commitments. Security forces reported to civilian authorities.
    The most significant human rights problem in the country during the 
year was government corruption, which undermined the credibility and 
effectiveness of police and the judiciary as well as respect for the 
rule of law in general. Police torture and mistreatment of persons in 
detention was a second major area of concern. The government also 
failed to make progress in holding officials accountable for killings 
and other abuses committed by government security forces during the 
2009 crackdown on postelection demonstrations.
    Other significant problems during the year included harsh and 
overcrowded conditions in prisons and detention centers; arbitrary 
detention by police; use of libel suits to harass media outlets; 
violence against women; trafficking in persons; discrimination against 
Roma; harassment of lesbian, gay, bisexual, and transgender (LGBT) 
individuals; limited enforcement of workers' rights; and child labor.
    While authorities investigated reports of official abuse in the 
security services and elsewhere, officials accused of human rights 
violations, complicity in trafficking, or corruption were rarely 
successfully prosecuted and punished. Impunity was a major problem.
    In 1990 separatists declared a ``Transdniester Moldovan Republic'' 
(Transnistria) in the area along the eastern border with Ukraine. A 
1992 ceasefire agreement established a peacekeeping force of Moldovan, 
Russian, and Transnistrian units. The central government did not 
exercise authority in the region, and Transnistrian authorities 
governed through parallel administrative structures. Transnistrian 
authorities restricted political activity and interfered with the 
ability of Moldovan citizens living in Transnistria to vote in Moldovan 
elections. Torture, arbitrary arrests, and unlawful detentions were 
regularly reported. Transnistrian authorities harassed independent 
media and opposition lawmakers, restricted freedom of association, 
movement, and religion, and discriminated against Romanian speakers. In 
December Transnistria had an ``election'' that resulted in a new 
``president,'' Yevgeny Shevchuk.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings during the year.
    The government made little progress during the year in holding 
officials accountable for the security force crackdown on postelection 
demonstrations in 2009 that resulted in three deaths. Former municipal 
police chief Iacob Gumenita, former minister of interior Gheorghe 
Papuc, and former municipal commissar Vladimir Botnari were free while 
under criminal investigation for negligence on duty. The trial of 
Gumenita, who was accused of official misconduct, was postponed 13 
times, and officials denied the media access to court proceedings. On 
December 29, the Centru Court of Law acquitted Botnari and Papuc. Ion 
Perju, a police officer accused of killing protestor Valeriu Boboc, was 
free while under investigation for murder.
    There were no reports of killings during the year in the separatist 
region of Transnistria. However, lack of access to information from 
Transnistria prevented Moldovan law enforcement officials or NGOs from 
tracking developments.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the law prohibits such practices, police reportedly 
used cruel and degrading arrest and interrogation methods, and guards 
beat prison inmates. In the report of its visit to the country in June, 
the Council of Europe's Committee for the Prevention of Torture and 
Inhuman or Degrading Treatment or Punishment (CPT) noted that a 
significant proportion of detained individuals they interviewed 
complained of police ill-treatment during the months preceding the 
visit.
    According to the parliamentary ombudsman, the frequency and 
severity of such acts decreased during the year compared with previous 
years. In the first six months of the year, the ombudsman received 150 
complaints of torture, inhuman, or degrading treatment allegedly 
committed by governmental officials in either police stations or 
prisons.
    Torture was rarely meaningfully punished. Antitorture prosecutors 
received 200 complaints of torture during the year and initiated 28 
criminal investigations. Of the 11 cases against police officers that 
resulted in judgments, two police officers received prison sentences 
that were later overturned, two received suspended sentences, and seven 
were acquitted.
    Investigators also initiated 50 cases of abuse of power. In these 
cases 22 police officers received suspended sentences, one was 
sentenced to imprisonment, and another received a fine.
    An antitorture prosecutor reported that prosecutions were hampered 
by the fact that incidents of torture were regularly downgraded to 
lesser offenses, such as abuse of power, for which the penalties are 
lower and the statute of limitations only three months. This allowed 
judges to issue suspended sentences based on the ``good character'' of 
the offending police officers or dismiss cases if the statute of 
limitations had expired. For example, two police officers accused of 
abusing journalists during 2009 events were found guilty of abuse of 
power but could not be punished because the statute of limitations had 
lapsed.
    The government continued to act extremely slowly in prosecuting 
abuse cases arising from the security force crackdown on the 2009 
postelection demonstrations. Prosecutors initiated 108 investigations 
of alleged police torture and other abuses connected to the events. 
Following those investigations, prosecutors initiated 58 criminal cases 
against police officers, including 28 involving torture, 20 of abuse of 
power, one for murder, and nine other charges. Through August, 
prosecutors finalized 27 cases against 44 police officers and sent them 
to courts; at year's end most were under examination by the courts. In 
the remaining cases, the investigations were either terminated because 
of insufficient evidence or suspended due to an inability to determine 
the identity of the officers involved. Two officers were given 
suspended sentences for torture, three received suspended sentences for 
abuse of power and falsification of official documents, eight were 
acquitted, and one was administratively sanctioned. The five convicted 
officers remained on the police force.
    In the separatist region of Transnistria, former detainees alleged 
they had been subjected to torture and mistreatment in detention 
centers. The closed military court system regularly ignored reports of 
alleged hazing and abuse of conscripts in the Transnistrian ``army.'' 
Reports of hazing continued.

    Prison and Detention Center Conditions.--Conditions in most 
prisons, including those in Transnistria, remained harsh. This was 
particularly the case in pretrial and presentencing facilities; 
overcrowding remained a significant problem.
    At year's end the total number of prisoners and pretrial detainees 
was 6,476 with 4,000 inmates in prisons and 2,476 individuals in 
pretrial detention centers. There were 33 juveniles serving terms in 
prison. There were 290 women detained at the Rusca penitentiary for 
women at the end of the year. The country lowered its target maximum 
prison capacity to 5,310 and its target maximum pretrial detention 
center capacity to 2,670.
    The ombudsman reported that overcrowding in unventilated spaces, 
lack of timely access to health care, and poor sanitation continued to 
be the norm in most of the country's prisons. Cell sizes did not 
conform to local law or international standards. According to the 
government's 2011 plan for financing penal institutions, detainees were 
provided meals worth 10.35 lei (less than $1) per day. In all prisons 
the ombudsman noted poor relations between prison officials and 
prisoners.
    Reporting on its June visit to Moldova, the CPT expressed concern 
about the behavior of staff at penitentiaries No. 11 in Balti and No. 
17 in Rezina towards prisoners segregated for their own safety. Alleged 
beatings of inmates by other prisoners belonging to an informal 
hierarchy within the prison population were another subject of concern.
    According to the ombudsman's 2011 report on the National 
Antitorture Mechanism, pretrial facilities, located mostly in the 
basements of police stations, generally lacked access to natural light, 
and artificial light was described as mediocre or poor. In some 
facilities ventilation systems were nonexistent. A number of pretrial 
facilities also lacked toilets and sewage systems, and in many cases 
reliable sources of potable water. Inmates at the Chisinau General 
Police Station complained of a high degree of parasite infestation. 
According to the ombudsman, sleeping conditions were inadequate, with 
detainees provided insufficient or dirty linens. The government did not 
fulfill its pledge to close the isolation cells in Penitentiary No. 13, 
which a U.N. Children's Fund (UNICEF) ambassador identified as 
particularly inhumane during a 2010 inspection. On June 15, Minister of 
Justice Oleg Efrim fired the director of the Penitentiary Department, 
Vadim Cojocaru, citing procedural violations in his appointment. 
Several media outlets reported serious irregularities in the 
penitentiary facilities.
    According to the Prosecutor General's Office, one of the problems 
faced by detainees was the lack of psychologists in penitentiaries. 
Only four out of the 17 existing penitentiaries had specialists who 
could provide psychological counseling to the inmates. Five percent of 
inmates were prone to suicide or self-mutilation. Six detainees 
committed suicide during the year, and there were 500 reported cases of 
self-mutilation.
    Prisoners and detainees were generally permitted religious 
observance. On January 25, the Ministry of Justice concluded a 
cooperation agreement with the Moldovan Orthodox Church. The protocol 
established a two-year religious assistance program for Moldovan 
penitentiaries, whereby the church sent military chaplains for 
individual confessions of penitentiary employees and detainees, as well 
as for religious services.
    According to government regulations, individuals suspected or 
suffering from tuberculosis were to be held separately from the other 
detainees. However, persons with various diseases were often colocated 
with persons with an unconfirmed diagnosis of tuberculosis, potentially 
exposing them to infection. A March 2010 CPT report noted World Health 
Organization procedures for screening tuberculosis patients and 
isolating them from the other inmates were adequately implemented in 
the two prisons visited by the CPT. However, the CPT maintained that in 
Penitentiary No. 12 in Bender the radiology facility was inadequately 
separated from cells, potentially exposing inmates in the surrounding 
cells to radiation.
    The 2011 CPT report observed that during its mission to Moldova, 
various detainees indicated they were familiar with the National 
Antitorture Mechanism and the ability to file an official complaint if 
their rights were violated but that detention center personnel often 
discouraged detainees from doing so, claiming it was not in their best 
interest to complain.
    According to the Center for Human Rights and the Moldovan Institute 
for Human Rights, complaints received from prisoners and detainees did 
not show evidence of censorship by prison authorities.
    The main alternative sentence used in the country is a conditional 
suspension of the sentence, the equivalent of probation. This sentence 
is available for juveniles and adults alike, on condition that the 
crime is not serious and the offender has no prior convictions. 
Probation is for a fixed term of between one and five years. This 
penalty was frequently applied inappropriately; for example, one-third 
of the human traffickers convicted in 2010 received suspended 
sentences. Other alternative sentences include community service and 
fines. Community service may not be imposed on convicted juveniles 
below age 16.
    Authorities made some improvements to prisons and detention 
centers. The Department of Penitentiaries reported that in the first 
six months of the year approximately 60,000 lei ($5,000) was allocated 
for renovation of Penitentiary No. 13 in Chisinau. Other penitentiaries 
also underwent minor renovations. During its 2010 mission to Moldova, 
the CPT noted that the General Police Directorate had sought the 
Council of Europe's expertise to repair and equip pretrial detention 
facilities, and several facilities were undergoing renovation. 
Notwithstanding the renovations, the CPT observed that conditions were 
still inadequate for long term detentions.
    The government permitted independent monitoring of prison 
conditions by local and international human rights observers, and 
prison officials generally allowed observers to interview inmates in 
private. The government cooperated with the International Committee of 
the Red Cross (ICRC) and permitted visits to prisoners in accordance 
with the ICRC's standard practices.
    During the year the parliamentary ombudsman intensified preventive 
visits to police stations and other institutions subordinate to the 
ministries of interior, defense, justice, and health in order to 
monitor the situation in these institutions regarding the torture of 
inmates and patients. In the first six months of the year, 115 such 
visits took place, compared with 126 visits in 2010. Based on these 
visits, the ombudsman issued seven official complaints to the Ministry 
of Justice and the Prosecutor General's Office, and two criminal cases 
were initiated against police officers.
    Civil society representatives complained of the difficulty in 
gaining access to Transnistrian detention facilities. Moldovan lawyers 
were denied access to clients in Transnistrian prisons unless 
accompanied by a local Transnistrian attorney. Conditions in those 
facilities were grave, particularly in the Tiraspol prison. Sick and 
contagious prisoners shared quarters with healthy ones. During the year 
prisoners in Transnistria reportedly undertook hunger strikes but 
gained no concessions from authorities.
    Police mistreatment of detainees remained a major problem in 
Transnistria. Police transferring prisoners between facilities packed 
them in poorly ventilated vans, often holding them in such conditions 
for hours. Prisoners with diseases, such as tuberculosis, were 
routinely held with healthy prisoners and were not provided appropriate 
health care.
    The human rights NGO Promo-LEX Association reported a number of 
cases of degrading and humiliating treatment in Transnistrian prisons. 
In 2008 Transnistrian militia arrested Vitalie Reznicenco on suspicion 
of homicide and detained him for two years in allegedly inhuman 
conditions in Tiraspol prisons, where he contracted pleurisy but was 
not provided medical care. A Grigoriopol court subsequently sentenced 
him to eight years' imprisonment. On June 6, Reznicenco died in the 
medical facility of Prison No. 3 in Tiraspol. His mother was not 
granted access and was told her son died of drug poisoning.

    d. Arbitrary Arrest or Detention.--While the law prohibits 
arbitrary arrest and detention, authorities did not observe these 
prohibitions in practice.
    A parliamentary ombudsman employed by the government regularly 
visited detention sites, including police stations and detention rooms 
at psychiatric hospitals. The ombudsman found that many of those 
arrested were not registered in logbooks. Most of the individuals 
detained at police stations were arrested for petty crimes, insulting 
police, or for document checks, despite carrying valid documents.
    In Transnistria there were reports that authorities engaged in the 
arbitrary arrest and detention of individuals with impunity.
    In April 2010 Transnistrian authorities arrested local journalist 
Ernest Vardanean and Transnistrian tax official Ilie Cazac on charges 
of espionage. On a number of occasions, the OSCE, diplomatic missions, 
and other international organizations expressed concern that the two 
were denied the right to choose their own legal counsel, be represented 
by counsel of their choice at pretrial detention hearings, or contact 
their families. In November 2010 the Transnistrian newspaper Novaya 
Gazeta quoted a letter from Stella Surkichan, Cazac's mother. She 
maintained that during the arrest officers planted papers and a flash 
drive on her son, who was severely beaten and subsequently forced to 
sign the papers, and that he was questioned for 10 to 15 hours without 
food, water, or access to a toilet and threatened by long jail terms 
and reprisals against his family. Ilie Cazac sent two letters 
requesting a pardon to the Transnistrian ``president'' in August and 
was allegedly beaten after sending the first. Transnistrian 
``president'' Igor Smirnov pardoned Vardanean on May 5 and Cazac on 
October 31.

    Role of the Police and Security Apparatus.--The national police 
force is the primary law enforcement body. It is subdivided into 
regional and city police commissariats, which are subordinate to the 
Ministry of Interior. During the year the Ministry of Interior 
completed the first phase of a reform process that included equipping 
forensic labs with up-to-date equipment and installing video and GPS 
equipment in police patrol cars. The reforms were intended to address 
the problems of abuse, corruption, and impunity, but they were not 
immediately effective.
    The Division to Combat Torture within the Prosecutor General's 
Office handled cases of alleged torture by security forces. Under the 
system, four prosecutors conducted criminal investigations of torture 
cases at the national level. The institutionalization of specialized 
antitorture prosecutors was intended to reduce the incidence of torture 
due to the continuous monitoring exercised by the prosecutors. 
According to the parliamentary ombudsman, moderate progress was 
achieved.
    During its 2011 assessment visit, the CPT found that police torture 
and other forms of ill-treatment, in particular during police 
interrogation, remained a serious issue. Antitorture prosecutors faced 
a shortage of resources, being unable to call on either consultants or 
a specialised corps of independent operational support staff. In 
addition the prosecution services they worked for were generally 
materially dependent on the police, which put them in a difficult 
position when it came to questioning the conduct of police officers.
    Torture remained a serious problem in Moldova's prisons, which were 
difficult to monitor. In some cases, the ill-treatment was inflicted, 
according to the prisoners, during ``fake'' cell searches, the sole 
purpose of which was apparently to subject a particular prisoner to 
ill-treatment.
    The ombudsman's report on the National Antitorture Mechanism, 
established pursuant to the Optional Protocol to the Convention on the 
Prevention of Torture, stated that authorities with the power to 
investigate allegations of police abuse at times failed to do so in 
timely fashion. For example, in 2010 an inmate at the No. 13 
Penitentiary in Chisinau lodged an official complaint with the 
prosecutor after allegedly being beaten by a police officer. The 
prosecutor issued an order for a medical examination of the inmate's 
injuries, but the penitentiary's medical personnel waited 11 days 
before examining him and another 15 days before writing their report, 
severely hampering the investigation of the claim. Despite an official 
request from the ombudsman, the Department of Penitentiaries refused to 
initiate an investigation into the misconduct of its personnel.
    The ombudsman reported that prosecutors repeatedly failed to 
properly investigate and prosecute cases of torture recorded by the 
Moldovan Center for Human Rights. Of eight cases sent to the 
prosecutors, only three were investigated and only one resulted in a 
prison sentence.

    Arrest Procedures and Treatment While in Detention.--The law allows 
judges to issue arrest warrants based on evidence from prosecutors. 
Authorities must promptly inform detainees why they were arrested and 
describe the charges against them. Suspects may be detained without 
charge for 72 hours. In the report of its 2010 mission to Moldova, the 
CPT noted that while authorities generally respected the 72-hour limit 
on detention, the three-hour limit prescribed by law for the record of 
the arrest to be signed and communicated to the detainee was often 
disregarded, with the document signed as late as 14 hours after the 
arrest.
    Once charged, a detainee may be released pending trial. The law 
provides for bail, but it was rarely utilized and the system did not 
function well. Authorities generally did not authorize bail for 
detainees accused of violent or serious crimes.
    Detainees have the right to a defense attorney, but at times this 
right was restricted. Authorities generally did not grant detainees 
access to a lawyer until 24 hours after being detained. Police often 
told individuals they were witnesses in a case, questioned them without 
a lawyer present, and subsequently detained them as suspects. Detainees 
were often informed of the charges against them without a lawyer being 
present. The government required the local bar association to provide 
representation to indigent defendants but did not reimburse lawyers for 
legal fees. Consequently, poor defendants often did not have adequate 
counsel.
    The CPT report noted that individuals in pretrial detention were at 
times denied their right to a phone call. While authorities asserted 
that this was done to prevent them from intimidating victims or 
witnesses, the practice was arbitrary and without justification or 
limits. The CPT also noted receiving information about the deprivation 
of pretrial detainees of the right to family visits.

    Pretrial Detention.--The law permits pretrial detention for up to 
30 days. The courts may extend pretrial detention for up to 12 months, 
depending on the severity of the charges. Pretrial detentions lasting 
several months were common.
    In Transnistria, detentions cannot exceed 18 months during pretrial 
criminal investigations and six months during the trial period. In 
practice these terms were not observed. Officially 762 people were 
detained in pretrial detention units in Transnistria during the year, 
although unofficial sources maintained the number may have reached 
1,000. The Transnistrian detention system also includes temporary 
pretrial detention units subordinated to the local ``interior 
ministry.'' The number of detainees in these facilities was unknown. 
Promo-LEX Association reported many detainees were held for more than 
six months without a court hearing. During 2009-2011 Promo-LEX 
Association received more than 100 complaints of unreasonable extension 
of pretrial detention. For example, one detainee had been held in 
Pretrial Detention Unit No. 2 in Tiraspol for five years without trial. 
Relatives were often unable to visit detainees or deliver food 
packages.

    Amnesty.--The government generally granted amnesty to individuals 
sentenced to less than four years in prison; as a result, such persons 
often served no jail time for their offenses.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, there were reported instances of 
government officials failing to respect judicial independence in 
practice. Official pressure on judges and corruption remained serious 
problems. There continued to be credible reports that local prosecutors 
and judges sought bribes in return for reducing charges or sentences, 
and observers asserted that in many cases judges faced political 
influence. Political factors also played a role in the reappointment of 
judges. According to Freedom House, judges were appointed and promoted 
based on subjective and nontransparent factors. Younger judges, with 
initial five-year appointments, were particularly vulnerable to 
influence by the executive branch.
    According to the 2011 EU progress report, the judicial system 
suffered from a number of endemic problems, including inadequate 
efforts to fight corruption; reform the judiciary, prosecution, and 
police; and implement certain human rights commitments, particularly 
reforms and mandatory training related to the judiciary.
    The country has a judicial code of ethics as well as inspector 
judges, responsible for investigating and reporting cases of judicial 
misconduct or ethics breaches to the Supreme Council of Magistrates. 
Inspector judges referred 69 cases against judges during the year. The 
council issued warnings to six judges. No judge was dismissed or 
investigated on corruption charges. High state officials stated that a 
number of judges compromised justice.
    Judges continued to hold hearings related to the 2009 postelection 
police abuses in their chambers that were closed to the public. 
According to the Moldovan Institute for Human Rights (IDOM), in 39 
percent of the cases IDOM monitored between April and July, the 
hearings took place in the judge's office. Previously IDOM reported 
that almost 50 percent of such hearings were held in chambers. Courts 
also failed to publicize hearings. In cases where multiple victims were 
assisted by multiple attorneys, there was insufficient space for all 
parties to participate in the hearings held in the judge's chambers. A 
third of the cases were repeatedly postponed.
    According to the American Bar Association's (ABA) 2009 Judicial 
Reform Index, the establishment of a judicial administration department 
within the Ministry of Justice constituted an attempt by the executive 
branch to exert control over the judiciary's finances. The ABA also 
described the Judicial Administration Department as understaffed, 
ineffective, and lacking the capacity to oversee adequately the 
administration of the judiciary.
    Prosecutors have discretion to close cases before they reach trial 
for lack of sufficient evidence, but the injured party may appeal this 
decision to an investigative judge. This discretion gives prosecutors 
considerable influence over the judicial process, and NGOs asserted 
that political influence continued to play a role in some prosecutions.
    During the year the judiciary system underwent reforms intended to 
increase society's trust in the judiciary by strengthening the system 
and combating corruption. The reforms focused on increasing 
transparency, establishing severe measures against corruption, clearly 
delineating powers and competencies among judicial institutions, and 
eliminating institutions deemed superfluous. Parliament adopted the Law 
on the Justice Reform Strategy for 2011-2016 on November 25.
    The military court system, which operated independently of the 
civilian courts, also suffered from corruption and inefficiency. The 
jurisdiction of military courts extends to crimes committed by active 
duty, reserve, and retired military personnel. Military courts had the 
capacity to try civilians for crimes committed against military 
personnel. On July 22, Parliament adopted a law to abolish specialized 
courts, including economic and military courts. The competencies of the 
military court in Chisinau were transferred to the courts of law of 
general jurisdiction.

    Trial Procedures.--The law provides that defendants in criminal 
cases are presumed innocent; however, in practice, this presumption had 
little effect. On some occasions, judges' remarks jeopardized the 
presumption of innocence. NGOs expressed concern that the practice of 
keeping defendants in handcuffs and metal cages during court 
proceedings went beyond what was necessary to secure public order and 
failed to ensure the presumption of innocence.
    Cases are presented to a judge or to a panel of judges. Defendants 
have the right to a lawyer, to attend proceedings, to confront 
witnesses, and to present evidence. The law requires the local bar 
association to provide an attorney to indigent defendants. The practice 
of appointing temporary defense lawyers without allowing them to 
prepare adequately was common and infringed upon the right to legal 
assistance. Prosecutors occasionally used bureaucratic maneuvers to 
restrict lawyers' access to clients, but they generally allowed defense 
attorneys access to the evidence. The law provides a right to appeal 
convictions to a higher court.
    In the final report of the OSCE trial monitoring program 
implemented in 2006-2009, the OSCE noted that proceedings were often 
not open to the public, court facilities were inadequate, and a large 
number of judges, prosecutors, and defense lawyers failed to treat 
victims and witnesses with respect. Conditions have not changed 
substantially since the issuance of this report.
    During the year there were cases reported of Transnistrian 
authorities disregarding trial procedures and defendants in 
Transnistria being denied access to a fair trial (see section 1.d.).

    Political Prisoners and Detainees.--In Transnistria on July 27, the 
secret services arrested Ghenadie Kuzmicev, division chief at the 
Transnistrian ``Ministry of Interior,'' on suspicion of ``intimidating 
a witness'' in a criminal case. Kuzmicev began a hunger strike on July 
28. His case was kept secret, and his lawyer did not have access to 
case records. Kuzmicev was detained in allegedly inhuman conditions. He 
was released on the eve of the December ``presidential'' elections in 
Transnistria.

    Regional Human Rights Court Decisions.--As of December there were 
4,250 applications against Moldova pending at the European Court of 
Human Rights (ECHR). During the year the Court issued 31 judgments 
awarding 370,000 euros ($481,000) to individuals for violation of their 
rights. Most human rights infringements referred to inhuman or 
degrading treatment, nonenforcement of court decisions, and violation 
of property rights.
    According to the local NGO Lawyers for Human Rights, during the 
year national authorities became significantly more likely to execute 
ECHR decisions and pay court-ordered awards; the 2011 EU progress 
report assessed the country's execution of ECHR judgments as 
``improved.'' However, court orders affecting district-level 
governments and municipalities frequently remained unexecuted.
    In June the Constitutional Court rejected amendments to the law on 
the status of judges that would have held Moldovan magistrates 
accountable for ECHR rulings against the country. The court held that 
ambiguous wording in the law could have resulted in punishment in cases 
where judges were not at fault.

    Civil Judicial Procedures and Remedies.--The law allows citizens to 
seek damages in civil courts for human rights violations. Under the 
constitution, the government is liable when authorities violate a 
person's rights by administrative means, fail to reply in a timely 
manner to an application for relief, or commit misconduct during 
prosecution. Judgments awarded in such cases were often small and not 
enforced. Once all avenues for a remedy in the country's courts had 
been exhausted, individuals could appeal cases involving the state's 
alleged violation of rights provided under the European Convention on 
Human Rights to the ECHR.
    NGOs reported that, while courts were somewhat more open to hearing 
allegations of torture than in previous years, victims still frequently 
lacked access to effective judicial remedies. At times courts declined 
to hear their complaints, and long delays in the legal process caused 
some petitioners to abandon their claims. Victims carried the burden of 
proving they had been mistreated, which was difficult, since prisoners 
often remained in detention for months before having access to courts. 
By the time they appeared in court, the physical evidence of abuse had 
disappeared.
    A mediation law establishes an alternative mechanism for 
voluntarily resolving civil and criminal cases and sets forth rules for 
professional mediators. However, the country lacked an implementation 
mechanism.

    Property Restitution.--While the law provides for the restitution 
of property and compensation for victims of political repression, the 
government often failed to provide funds to the commissions established 
to receive these petitions. Applicants must prove a direct causal 
connection between political repression and the seizure of their 
properties to receive restitution.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--While the law prohibits such actions, the government 
did not respect these prohibitions in practice.
    Law enforcement authorities, including the Ministry of Interior, 
prosecutors, the Prosecutor General's Office, and the Security and 
Intelligence Service, continued to conduct illegal searches and 
wiretaps. The Security and Intelligence Service is the only institution 
legally empowered to conduct wiretaps, including those requested by 
prosecutors or police. Judges may authorize legal wiretaps only in the 
course of investigating a serious crime. In 2009 the ECHR ruled that 
the country's criminal procedure law failed to provide a clear and 
detailed interpretation of reasonable suspicion required to authorize a 
wiretap. The ECHR also noted that the law neither contains safeguards 
against the overuse of wiretaps nor provides adequate protection 
against the abuse of power by the government due to wiretapping. Courts 
continued to accept illegally obtained evidence.
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 the press; however, 
these rights were not always respected in practice. Individuals could 
criticize the government publicly and privately without reprisal. 
According to the 2011 Freedom House report, the country's press freedom 
improved significantly since 2009.
    In Transnistria authorities greatly limited freedom of speech and 
the press, with alternative viewpoints subject to censorship. It was 
difficult to register, maintain, and finance independent newspapers, 
radio stations, or television stations in Transnistria, although 
several continued to exist. Most newspapers from the rest of Moldova 
did not circulate widely in Transnistria, although they were available 
in Tiraspol.

    Freedom of Press.--The law prohibits the editing and publication of 
literature that contains ``denial and defamation of the state and the 
people; calls for war or aggression; calls to ethnic, racial, or 
religious hatred; [or] incitement of discrimination, territorial 
separatism, or public violence.''
    While the print media expressed diverse political views and 
commentary, a number of the newspapers were owned or subsidized by 
political figures and expressed well-defined political views. The 
government owned the Moldpress News Agency, and local and city 
governments subsidized approximately 22 newspapers, in most cases 
influencing their reporting. Political parties and professional 
organizations also published newspapers.
    In Transnistria both of the region's major newspapers, 
Pridnestrovie and Dnestrovskaya Pravda, were official publications of 
the separatist administration. Separatist authorities harassed other, 
small, independent newspapers for publishing reports critical of the 
regime. Transnistrian authorities controlled the majority of television 
and radio stations in the region and largely dictated editorial 
policies and financial operations.
    Transnistria's largest commercial entity, Sheriff Enterprises, 
owned some broadcast networks, such as the TSV television station and 
the INTER-FM radio station. The company also effectively controlled the 
Obnovlenie (Renewal) Party, which held a majority of seats in the 
region's legislature. Transnistrian authorities operated the other 
major television station, Transnistrian Moldovan Republic Television. 
While these outlets on occasion expressed alternative views on social 
and economic policy, Transnistrian authorities sharply criticized any 
mention of compromise with the central government or any questioning of 
the Transnistrian goal of ``independence.''
    Observers noted that the public broadcaster (Teleradio Moldova) 
maintained its balanced coverage during the year and avoided bias in 
favor of the authorities, which was a practice before 2009.

    Violence and Harassment.--Political parties and other public 
institutions restricted media access to some public events. For 
example, in January media were not allowed to attend the Democratic 
Party's annual gathering of regional leaders, the security staff of the 
Democratic Party denied a journalist access to a public event 
celebrating Prosecutors' Day, and several media outlets were not 
allowed to attend a press briefing held by a political leader. On July 
29, representatives of the Slavonic University's administration 
physically assaulted Jurnal TV journalist Oleg Brega, who tried to 
enter the institution to complete an investigative report. NGOs 
strongly criticized the assault. The journalist appealed to the court, 
and a criminal investigation was opened that was pending at the year's 
end.
    On June 24, after several warnings the Audiovisual Coordinating 
Council (ACC) suspended the license of the procommunist television 
station NIT for five days for bias during the local election campaign 
and for violating election legislation. NIT immediately appealed the 
decision, and continued broadcasting while its appeal was examined. NIT 
and the communists characterized the ACC decision as government 
pressure on opposition media.

    Censorship or Content Restriction.--In many cases journalists 
practiced self-censorship to avoid conflicts with the sponsors or 
owners of their media outlets.

    Libel Laws/National Security.--Lawsuits by government officials 
during the year had a chilling effect on the willingness of the media 
to report corruption and other potentially sensitive subjects. Some 
newspapers practiced self-censorship and avoided controversial issues 
out of concern that government officials and other public figures could 
use civil defamation laws to retaliate against critical news reports.
    In April the minister of transportation sued the Unimedia news 
portal and the Timpul newspaper after they published a Moldavian 
Airlines press release accusing the minister of involvement in various 
fraudulent schemes. The case was pending at year's end.
    On August 1, a Chisinau court issued a ruling and fined Ziarul de 
Garda 500,000 lei (approximately $42,000) for defamation in the case of 
two prosecutors from Glodeni, named in a Ziarul de Garda article about 
judicial corruption. International organizations and media NGOs 
expressed concern over the ruling. Former minister of justice Alexandru 
Tanase stated that the judge in the case could be dismissed for 
unprofessional conduct. Ziarul de Garda appealed the ruling to the 
Court of Appeals, which affirmed the ruling but determined that the 
fine would be decreased to 20,000 lei ($1,700). Ziarul de Garda's 
appeal of this decision was pending at year's end.

    Publishing Restrictions.--In Transnistria authorities controlled 
all printing houses and at times threatened to stop the printing of 
independent newspapers, including one based in Bender and another in 
the northern city of Ribnita.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or credible reports that the government monitored e-
mail or chat rooms. In contrast with previous years, the government did 
not issue any letters threatening to suspend domain names for 
expression of political views.
    While there were no reports that the government attempted to 
collect personally identifiable information in connection with 
individuals' peaceful expression of political, religious, or 
ideological opinion, the opposition Communist Party (PCRM) complained 
that the Liberal Democratic Party (PLDM) used personally identifiable 
data to send personalized election campaign materials to voters.
    It was rumored that the Transnistrian authorities monitored the 
Internet, but the extent of monitoring was unknown. There were no 
reports of Transnistrian authorities restricting access to e-mail or 
chat rooms.

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--While the law provides for freedom of assembly, at times 
authorities limited this right in practice. According to the NGO 
GENDERDOC-M, the government denied LGBT individuals permission to hold 
small gay pride events, notwithstanding the law on assemblies, which 
allows organized rallies involving fewer than 50 participants without a 
special permit. To avoid confrontations with police or private 
individuals that occurred at LGBT rallies in previous years, during the 
year the LGBT community organized its pride parade events in private 
clubs or rented halls with limited and controlled access. The Ministry 
of Interior reported 14,000 non-LGBT related public assemblies in 
during the year.
    Transnistrian authorities severely restricted freedom of assembly 
and rarely issued requisite permits for public protests. On those 
occasions when they issued such permits, authorities often harassed 
organizers and participants and required demonstrations to take place 
in obscure locations away from city centers. Permits for demonstrations 
and public meetings were issued predominantly to organizations and 
groups loyal to authorities.

    Freedom of Association.--The constitution provides for freedom of 
association and states that citizens are free to form parties and other 
social and political organizations. However, the constitution prohibits 
organizations ``engaged in fighting against political pluralism, the 
principles of the rule of law, or the sovereignty and independence or 
territorial integrity'' of the country.
    In Transnistria authorities severely restricted freedom of 
association. Separatist authorities granted the legal right of 
association only to those they recognized as citizens of Transnistria. 
All nongovernmental activities had to be coordinated with local 
authorities. Groups that did not comply faced harassment, including 
visits from security officials. Organizations favoring reintegration 
with the rest of Moldova were strictly prohibited.

    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.
    Transnistrian authorities at times restricted travel of 
Transnistrian residents and other Moldovans to and from the separatist 
region. Transnistrian authorities often stopped and searched vehicles 
traveling between the region and the area controlled by the central 
government. According to the local Helsinki Committee, delays of up to 
two hours at Transnistrian checkpoints occasionally occurred, as did 
arbitrary fines and seizures of goods from persons entering or exiting 
the region.
    Short-term visitors to Transnistria from government-controlled 
areas were permitted to remain for 10 hours. A longer stay required an 
official letter of invitation and registration at a local passport 
office. Transnistrian authorities allowed farmers from government-
controlled villages in the Dubasari region of Transnistria to travel to 
areas outside Transnistria to sell their produce. On a number of 
occasions during the year, Transnistrian authorities denied Western 
diplomats stationed in Chisinau entry into the region for routine 
visits but at other times allowed them entry. In late December the 
newly elected Transnistrian ``leader'' signed a decree intended to ease 
travel procedures for Transnistrian residents only.

    Emigration and Repatriation.--Although citizens generally were able 
to depart from and return to the country freely, there were some 
limitations on emigration. Before individuals are allowed to emigrate, 
the law requires that they satisfy all outstanding financial 
obligations to other persons or legal entities. This requirement was 
not strictly enforced in practice. The law also provides that close 
relatives who are financially dependent on a potential emigrant must 
give their concurrence before the emigrant is allowed to depart the 
country; this law was also not enforced in practice.

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide for the granting of asylum or refugee status, and the 
government established a system for providing protection to refugees. 
There were 148 refugees and 81 asylum seekers in the country during the 
year.

    Access to Employment.--According to the UNHCR, asylum seekers and 
refugees have the legal right to work in the country. Jointly with the 
Moldovan Bureau for Migration and Asylum, the UNHCR in March initiated 
a program to assist refugees and asylum seekers with housing, 
employment, and social integration.

    Stateless Persons.--Citizenship may be acquired by birth in the 
country, inheritance from parents, adoption, recovery, naturalization, 
or on the basis of certain international agreements. The law grants 
citizenship to persons who resided in the historical regions of 
Bessarabia, Northern Bucovina, the Herta region, and the territory of 
the Moldovan Autonomous Soviet Socialist Republic prior to June 1940 as 
well as their descendants.
    As of December there were 2,073 stateless persons (1,213 women and 
860 men) registered. The largest numbers of stateless persons were 
ethnic Ukrainians, Russians, Romanians, and Turks. Of this total, 1,598 
resided in Transnistria. According to the UNHCR, stateless persons 
enjoyed equal rights in terms of employment and education but 
frequently were prevented from applying for citizenship because they 
lacked certificates showing they had no criminal records.
    While the law allows a stateless person who has resided legally in 
the country for eight years to seek citizenship, the UNHCR was 
unsuccessful in assisting such persons to obtain citizenship during the 
year. Residence permits for a period of up to one year are issued to 
stateless persons temporarily residing in the country at a cost of 
approximately 640 lei ($53).
    In line with the country's EU integration commitments, during the 
year Moldova joined the U.N. Convention relating to the Status of 
Stateless Persons, making it easier for stateless persons to register 
and obtain Moldovan identification documents.
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 elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--
According to international observers, the parliamentary elections held 
in November 2010 met most OSCE and Council of Europe commitments. No 
parliamentary coalition garnered enough seats to elect a president; 
therefore, the election of the president remained unresolved. On 
September 20, the Constitutional Court affirmed that the constitutional 
requirement of a three-fifths majority to elect a president could not 
be altered, except by a constitutional amendment. The first attempt to 
elect a president on November 18 was postponed due to the lack of 
candidates. The next attempt on December 16 failed and was later 
declared invalid by the Constitutional Court because the members of 
parliament showed their marked ballots to the press before casting 
their supposedly secret votes. Consequently, the election of the 
president remained a pending issue, and the speaker of the parliament 
served as acting president during the year.
    In the June local elections held throughout the country, 
international observers from the OSCE Office for Democratic 
Institutions and Human Rights and the Council of Europe's Congress of 
Local and Regional Authorities concluded that the elections largely met 
OSCE and Council of Europe commitments. Nonetheless, observers noted 
that legal, administrative and regulatory problems remained unresolved. 
The OSCE election observation mission noted that mechanisms for the 
oversight of political financing were insufficiently developed, lacked 
precision, and were inadequately enforced.
    The Civic Coalition for Free and Fair elections, which also 
observed the elections, noted some deficiencies, including changes to 
the electoral code that were made after elections were announced. In 
addition, the coalition asserted that delays in introducing a 
centralized electronic voter register meant that voter lists were 
prepared by local authorities, raising concerns about their accuracy. 
Unclear residency requirements for determining the proper place of 
voting also complicated the election. Promo-LEX Association observers 
noted reports of isolated cases of violence and intimidation (22 
cases), use of hate speech directed at opponents (13 cases), misuse of 
administrative resources (42 cases), and electoral gift-giving (99 
cases).
    In Transnistria authorities interfered with the right of Moldovan 
citizens to vote in Moldovan elections. As in previous years, the 
Central Electoral Commission in Chisinau failed to open a polling 
station in Corjova village for the June 5 local elections. Corjova was 
technically under the central government's authority but was 
effectively controlled by Transnistrian authorities. Transnistrian 
militia initially blocked the exit from Corjova on the morning of June 
5, but later allowed voters from Corjova to travel to nearby Cocieri, 
where they voted. Voters from Corjova were intimidated during both the 
June 5 elections and runoff elections on June 19.
    The Transnistria region conducted two rounds of ``presidential 
elections'' in December. Consequently, after 20 years of the Smirnov 
regime, Transnistrian residents selected a new leader, former supreme 
soviet chairman Yevgeny Shevchuk, who won a landslide victory with 
73.88 percent of the votes.

    Participation of Women and Minorities.--There were 20 women in the 
101-seat parliament elected in November 2010. Members of ethnic 
Russian, Ukrainian, Bulgarian, Azeri, Jewish, and Gagauz communities 
had representation in parliament alongside members of the majority 
Moldovan/ethnic Romanian community.
Section 4. Official Corruption and Government Transparency
    Corruption remained a major problem for the country. While the law 
provides criminal penalties for official corruption, the government did 
not implement these laws effectively. Government interference and 
corruption with the application of laws and regulations impaired the 
impartiality of the courts.
    Police corruption remained a serious problem. According to 
prosecutors, the Ministry of Interior ignored, or only superficially 
examined, reports of police corruption.
    Corruption reportedly took place at all levels of government from 
low-level functionaries to government ministers. According to the 
Freedom House Nations in Transit report during the year, lack of 
progress in adequately addressing bribery and fraud in the governmental 
sphere and wider society left the country's corruption rating unchanged 
since 2006. NGOs and international organizations both noted a high 
level of corruption in a broad range of institutions.
    The head of the Center to Combat Economic Crimes and Corruption 
(CCECC), Viorel Chetraru, publicly stated in July that his institution 
was subject to political pressure and advocated making law enforcement 
independent from political influence. Chetraru alleged that his deputy 
directors followed orders from the political parties that nominated 
them for their positions and regularly provided damaging information 
about political opponents. Chetraru also stated the investigation of 
judges in corruption cases was extremely difficult because officers 
were required to inform the Supreme Council of Magistrates before 
starting a criminal investigation. There were at least two cases in 
which the judges under suspicion for corruption were forewarned by 
their colleagues on the Supreme Council of Magistrates and thus able to 
avoid prosecution. Corruption in the educational system also remained a 
problem.
    The law provides free public access to official information; 
however, the government did not fully implement the law. Court 
decisions ordering release of information were not implemented fully or 
in a timely manner. In order to improve implementation of the 
transparency law, the government amended the regulations related to 
consultation and access to information several times during the year.
    To increase transparency and efficiency, the government created a 
consultative mechanism with civil society, the National Council for 
Participation, which included some of the most active NGOs in the 
country. Members of the council held regular meetings and offered 
recommendations on various government decisions; however, the extent to 
which its views were taken into account was unclear. In April the 
government's Electronic Governing Center launched a Web site to 
publicize its efforts to increase transparency and facilitate the 
access of media and the public to government data.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
in the country without government restriction, investigating and 
publishing their findings on human rights cases. Government agencies 
were frequently cooperative and responsive to their views.
    In Transnistria authorities continued to impede activities of human 
rights groups. For example, ``immigration'' officials frequently 
blocked entry into the region by representatives of Moldovan NGOs 
attempting to meet local human rights groups. Transnistrian authorities 
also continued to control and intimidate NGOs by inviting their 
representatives to meetings in the presence of security officials and 
pressuring landlords not to renew their leases for office space. 
Transnistrian authorities required representatives of Moldovan NGOs 
wishing to operate in Transnistria to register locally as separate 
organizations.
    Rodica Pascari, leader of an NGO in Ribnita, reported continuous 
harassment by the Tiraspol secret services in response to her NGO's 
activities. Pascari was reportedly threatened with arrest if she did 
not stop her activities.

    Government Human Rights Bodies.--The law provides for four 
parliamentary ombudsmen who make up the independent Moldovan Human 
Rights Center (MHRC). Parliament appoints the ombudsmen to examine 
claims of human rights violations, advise parliament on human rights 
problems, submit legislation to the Constitutional Court for review, 
and oversee MHRC operations. MHRC personnel provided training for 
lawyers and journalists, visited prisons and psychiatric hospitals, 
made recommendations on legislation, and organized roundtable 
discussions. Parliament also had a separate standing committee for 
Human Rights and Interethnic Relations.
    Between January and July, the MHRC received 860 complaints of human 
rights abuses, including 194 that concerned free access to justice, 147 
involving violations of personal security and dignity, 81 regarding the 
right to free access to information, 80 concerning the right to social 
assistance and protection, 49 involving the right to private property, 
76 involving interference with the right to family life and the right 
to health, and 29 involving the right to work. Fewer complaints 
concerned personal freedom, education, citizenship matters, freedom of 
movement, and electoral rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
ethnicity, or social status; however, the government did not always 
enforce these prohibitions effectively.

    Women.--Rape and Domestic Violence.--The law criminalizes rape or 
forcible sexual assault, and penalties range from three years to life 
in prison. The law also criminalizes spousal rape.
    Rape remained a problem, but there were no specific government 
activities to combat rape. During the year prosecutors initiated 260 
criminal cases of rape, which represented 19 percent fewer cases than 
in 2010. Of these, 56 were dismissed and 124 were forwarded to courts 
for trial. NGOs maintained that many rapes remained unreported.
    The law defines domestic violence as a criminal offense, provides 
for the punishment of perpetrators, defines mechanisms for obtaining 
restraining orders against abusive individuals, and extends protection 
to unmarried individuals and children of unmarried individuals. 
Seventeen individuals convicted of family violence offenses were 
serving sentences in penitentiaries. The maximum punishment for family 
violence offenses is 15 years' imprisonment. There were reportedly 340 
cases of family violence during the year.
    The law provides that an abuser may be excluded from lodgings 
shared with the victim, regardless of who owns the property. The law 
also provides for psychiatric evaluation and counseling, forbids 
abusers from approaching victims either at home or at a place of 
business, and restricts child visitation rights pending a criminal 
investigation. Courts may apply such protective measures for a period 
of three months and can extend them upon the victim's request or 
following repeated acts of violence.
    Real progress in protecting women and children against domestic 
violence was slow. According to various NGOs and UNICEF, the issuance 
of protective orders and the effectiveness of their implementation were 
heavily dependent on the attitude of the authorities. There were 
numerous reports that police officers were not diligent in ensuring 
either proper protection of victims or proper execution of the measures 
prescribed by the orders.
    On March 16, Lilia Eremia, from the village of Valcinet in northern 
Moldova, filed a complaint with the ECHR against the government, 
accusing it of inhumane treatment and gender discrimination in access 
to police protection. Eremia had requested a protection order for 
herself and her two daughters, which, although issued, was allegedly 
not enforced by police; subsequent requests for protection addressed to 
the Prosecutor General's Office and the Ministry of Interior were 
unanswered, allegedly because the abuser was a police officer.
    According to NGOs, problems with the protection of victims of 
domestic violence included delays in issuing protective orders, 
improper enforcement of protective orders by police, and excessive 
reliance by authorities on NGOs to publicize available remedies and 
assist victims in requesting protection. NGOs expressed concern that 
the prosecutor general was insufficiently proactive in combating 
indifferent attitudes towards domestic violence among police, 
prosecutors, and social workers.
    The law also provides for cooperation between government and civil 
society organizations, establishes the protection of the victim as a 
human rights principle, and allows third parties to file complaints on 
behalf of victims. According to a 2009 report by the local NGO La 
Strada, there were no government standards regarding the quality of 
victim support services or for the identification, assessment, or 
monitoring of domestic violence cases.
    A 2010 study by the Joint U.N. Program on HIV/AIDS found that 51.3 
percent of women in a relationship had experienced psychological abuse 
in their lifetime. A total of 24.2 percent had experienced physical 
violence, and 10.3 percent had experienced it in the previous 12 
months. Slightly more than 12 percent had experienced sexual violence 
(7.1 percent in the preceding year). Rural women experienced violence 
in significantly higher proportions than urban women, and younger women 
(roughly under 30) experienced more emotional and sexual violence than 
older women.
    Victims of domestic violence generally suffered in silence, as the 
problem received little recognition from government or society as a 
whole. Surveys indicated that only 11.2 percent of domestic violence 
victims sought medical assistance, only 12.2 percent reported the abuse 
to the police, 6.3 percent pursued claims through the justice system, 
and 5.1 percent reported abuse to other municipal authorities. NGOs 
asserted that one reason women rarely reported domestic violence to 
authorities stemmed from the weakness of available legal remedies, 
which commonly consisted of fines and brief detentions for convicted 
abusers. After their release from detention, abusers commonly returned 
to their homes and continued the abuse. Fines often had the effect of 
significantly reducing the overall household budget, further harming 
the wives and children of abusers. Victims of domestic violence were 
also reluctant to come forward because of frequent economic dependence 
on their abusers, particularly if the family had children.
    According to the Ministry of Interior, between January and July, 
authorities registered 310 cases of crimes against family and children. 
Women's groups asserted that incidents of spousal abuse were 
significantly underreported.
    The government supported educational efforts, usually undertaken 
with foreign assistance, to increase public awareness of domestic 
violence and to instruct the public and law enforcement officials on 
how to address the problem. The city of Chisinau operated a women's 
shelter for domestic violence victims. Private organizations operated 
services for abused spouses, including a hotline for battered women. 
Access to such assistance remained difficult for some.
    The NGO La Strada operated a hotline to report domestic violence, 
offered victims psychological and legal aid, and provided victims with 
options for follow-up assistance. During the first nine months of the 
year, the hotline received 716 calls related to domestic violence, 333 
calls were from victims seeking assistance, and the rest from 
neighbors, relatives, community groups, and professionals; five calls 
from abusers were also reported. Despite the hotline's success, La 
Strada representatives noted that few victims requested follow-up 
assistance, and in only 40 cases did the victims ultimately receive 
either counseling or a protective order.
    In Transnistria the law does not prohibit violence against women, 
and domestic violence was a serious problem although the extent was 
difficult to estimate. According to a study during the year, 35.7 
percent of women in Transnistria experienced physical domestic 
violence, 22 percent were beaten by their current husband/partner, 10.7 
percent were beaten publicly, and 5.2 percent were sexually abused by 
their partner.

    Sexual Harassment.--Sexual harassment remained a common problem. 
The law provides criminal penalties for sexual harassment ranging from 
a fine to a maximum of two years' imprisonment. The law prohibits 
sexual advances that affect a person's dignity or create an unpleasant, 
hostile, degrading, or humiliating environment in a workplace or 
educational institution. However, there were no reports that 
authorities conducted any criminal investigations or prosecutions under 
this provision of the law.

    Reproductive Rights.--Couples and individuals could decide freely 
and responsibly the number, spacing, and timing of their children and 
had the information and means to do so free from discrimination, 
coercion, and violence. The government adopted laws and implemented 
policies to ensure free obstetric and postpartum care to all citizens. 
Mandatory government medical insurance covered all expenses related to 
pregnancy, birth, and postpartum care. During pregnancy the government 
provided essential medicines free of charge. Most medical institutions, 
both state and private, had free booklets and leaflets about family 
planning and contraception. IDOM reported instances of discrimination 
against HIV-positive women, as well as the disclosure of their status 
by medical personnel. Six cases of maternal mortality were registered 
during the year. In four cases, the women did not avail themselves of 
government-provided prenatal care.
    There were no reports of Romani women being denied obstetrical, 
childbirth, or postpartum care. However, many Romani women failed to 
take advantage of free government-administered medical care during 
pregnancy. There was no reliable information on their access to 
contraception.

    Discrimination.--The law provides for gender equality. The National 
Bureau of Statistics reported that women experienced higher levels of 
employment than men. According to one foreign government-sponsored 
assessment during the year, women's earnings were 73.3 percent those of 
men, and the earnings gap persisted even in economic sectors in which 
women predominated.
    In some cases, especially in rural areas, women encountered 
attitudes and stereotypes that perpetuated the subordinate position of 
women in the family and in society.

    Children.--Birth Registration.--Citizenship may be acquired by 
birth in the country, inheritance from parents, adoption, recovery, 
naturalization, or on the basis of certain international agreements. 
Registration of birth is free of charge for all citizens. Civil 
registration offices within maternity hospitals issued birth 
certificates before the mother and newborn were discharged from the 
hospital. Registration offices issue birth certificates for all births, 
including home births. NGOs noted the lack of registration certificates 
for a number of children, especially in the rural areas, including in 
the Romani families. According to the Ministry of Labor, Social 
Protection, and Family, it was the parents' responsibility to register 
their children's births.

    Education.--While primary education was free and compulsory until 
the ninth grade, many inadequately funded schools, particularly in 
rural areas, charged parents for school supplies and textbooks. 
Although not illegal, such fees contradicted the government's policies 
and resulted in some parents keeping their children home. Government 
and local authorities provided 300 lei ($29) for school supplies 
annually to children from vulnerable families.
    Romani NGO Vocea Romilor reported that more than 2,000 Romani 
children were unable to attend school due to poverty. According to the 
Romani NGO Ograda Noastra, approximately 50 percent of Romani children 
attended school, but the group acknowledged that such estimates were 
often unreliable.

    Child Abuse.--The law prohibits child neglect and specific forms of 
abuse, such as forced begging; however, child abuse was believed to be 
widespread. During the year law enforcement agencies opened 576 cases 
of crimes against family and children, compared with 197 cases opened 
in 2010, including 24 cases of trafficking of children compared to 23 
cases in 2010, and 13 cases of illegally taking a child out of country 
compared to 11 cases in 2010. A special unit for minors and human 
rights was responsible for ensuring that cases involving child victims 
or child offenders were handled with specialized expertise and 
attention. According to UNICEF, however, the section faced 
organizational difficulties, as its investigations and prosecutions 
often overlapped with those of other sections, thus creating conflicts 
of competencies.
    According to the Ministry of Labor, Social Protection, and Family, 
inadequate victims' services, lack of reliable methods to track cases, 
and insufficient legal mechanisms to prevent such abuse or to provide 
special protection to victims hampered efforts to protect children from 
abuse. According to the ministry, more than 25 percent of minors 
reported being beaten by their parents, and 15 percent said they lacked 
food and care. Approximately 10 percent of parents admitted to abusing 
their children emotionally or physically.

    Child Marriage.--There were no official statistics regarding child 
marriages, but they were believed to be rare.

    Sexual Exploitation of Children.--The Prosecutor General's Office 
was responsible for investigating and prosecuting child sexual abuse 
cases. Commercial sex with minors is punished as statutory rape. The 
minimum age for consensual sex is 16 years. The law prohibits 
production, distribution, broadcasting, import, export, sale, exchange, 
use, or possession of child pornography, and violators face one to 
three years' imprisonment.
    During the year there were reported cases of child prostitution. An 
international pedophile ring was uncovered in Chisinau and its 
leaders--an Italian and a Norwegian--were prosecuted in March. The 
first responder to receive a distress call from a victim's grandmother, 
the NGO La Strada, offered support to the victims. According to La 
Strada, authorities handled the case well, and the victims were not 
forced to confront their abusers directly or subjected to repeated 
interrogation and were allowed to be accompanied by a psychologist in 
court. However, in August an independent journalistic investigation 
discovered that one of the former pedophile victims had reorganized the 
ring and continued to recruit young boys for sexual exploitation. 
Police and prosecutors pursued this investigation.
    Due to inadequate laws dealing with cybercrimes, crimes such as the 
grooming of a child for future exploitation or bullying via the 
Internet were not properly investigated or prosecuted, leaving children 
exposed to cyber-abuse that at times led to abuse in the real world.

    Institutionalized Children.--Conditions for children in orphanages 
and other institutions generally remained very poor. Major problems 
included inadequate food, ``warehousing'' of children, lack of heat in 
winter, and disease. NGOs estimated that approximately 25 percent of 
the children in orphanages had one or two living parents but had been 
abandoned when their parents left the country in search of employment. 
Children abandoned by parents often lived in poverty and were 
particularly vulnerable to trafficking and labor exploitation. UNICEF 
estimated that 50 percent of the children who were institutionalized 
had disabilities.
    Various government ministries ran orphanages and boarding schools. 
The Ministry of Labor, Social Protection, and Family maintained two 
boarding schools for 675 children with disabilities and three asylums 
providing temporary (to one year) shelter, counseling, and other 
assistance to up to 110 children from socially vulnerable families. The 
Ministry of Education oversaw 53 boarding schools with 5,813 students. 
The ministry reported that 35 percent of these children were orphans or 
had been abandoned. The other 65 percent came from socially vulnerable 
families whose parents could not maintain even basic living conditions.
    During the year the Ministry of Education announced that the number 
of children in residential institutions had dropped by 40 percent since 
2007, following implementation of a National Action Plan for the Reform 
of the Residential Care System for Children.

    International Child Abductions.--Moldova is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--Moldova's Jewish community numbered between 15,000 
and 25,000, including 2,600 living in Transnistria. Jewish community 
representatives did not report any violent anti-Semitic incidents 
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 law prohibits discrimination 
against persons with physical, sensory, intellectual, and mental 
disabilities in employment, education, access to public facilities, 
health care, or the provision of other state services, but the law was 
rarely enforced.
    During the year the government adopted a strategy and action plan 
on the social inclusion of persons with disabilities. In July the 
Ministry of Labor, Social Protection and Family presented a roadmap 
designed to improve social inclusion of persons with disabilities. 
Under the roadmap and with financial support from international donors, 
the ministry undertook a number of actions, including bringing the 
legislative framework in line with EU standards, reforming the 
residential system, deinstitutionalizing children with disabilities and 
placing them with foster families, building community houses, and 
improving skills of social workers.
    There were approximately 176,000 persons with disabilities, 
including 16,000 children, in the country, a large number of whom often 
faced discrimination, social exclusion, poverty, unemployment, and lack 
of access to public services.
    Official regulations mandate access to buildings for persons with 
disabilities, and most government buildings provided such access. While 
many newly built or reconstructed private buildings were accessible, 
older buildings often were not. The government provided few resources 
to train those with disabilities. The Social Assistance Division in the 
Ministry of Labor, Social Protection, and Family and the National Labor 
Force Agency were responsible for protecting the rights of individuals 
with disabilities.
    In 2010 authorities approved a framework regulation on 
organization, operation, and quality standards of ``community houses'' 
for persons with mental disabilities. Such community houses were 
designed and established to take the place of boarding facilities for 
children with mental disabilities.
    There were 9,500 persons nationwide with visual impairments, of 
whom 3,500 were fully blind. Ballots were not available in Braille. 
Voters unable to complete a ballot on their own have the right to ask 
another person to help them vote, although this jeopardized their right 
to a secret ballot. During the November 2010 parliamentary election, 
authorities tested a new method of direct, secret voting for persons 
with visual impairments at one Chisinau polling station.
    In Transnistria, children with disabilities and special educational 
requirements rarely attended school and lacked access to specialized 
resources.
    Although the law provides for equal employment opportunities and 
prohibits discrimination against persons with disabilities (with the 
exception of jobs requiring specific health standards), in practice 
many employers either failed to accommodate or avoided employing such 
persons.

    National/Racial/Ethnic Minorities.--Roma continued to be subject to 
social marginalization and societal discrimination and often lacked 
proper access to education and other government services. While the 
government adopted a Roma Action Plan for 2011-2015, in practice its 
social inclusion policy did not target Roma. According to the 2004 
census, there were 12,271 Roma in Moldova. However, Romani NGOs 
estimate this number to be as high as 250,000, including 100,000 
persons of voting age. NGOs asserted that government census forms 
allowed persons to identify with only one ethnic group and that many 
Roma declined to identify themselves as Roma.
    A 2011 U.N. report on the implementation of the International 
Convention on the Elimination of All Forms of Racial Discrimination in 
the country noted that the Roma Action Plan was primarily a medium for 
cultural events. Roma policy was supervised by the Bureau on 
Interethnic Relations, a Soviet-era institution which focused primarily 
on cultural events, hosting roundtables and conferences but lacking the 
authority to exercise oversight of ministries with regard to social 
inclusion.
    The literacy level of the Roma was well below the national average. 
Officially 25 percent of Roma could not read or write. Romani NGOs 
estimated that 80 percent of Romani children were illiterate. Many 
Romani children--estimated to be as high as 50 percent--did not attend 
school. Very few Roma received a secondary education, and only 4 
percent of Roma had a higher education degree, compared with 38 percent 
of non-Roma.
    The reasons for school nonattendance by Romani children included 
the lack of financial means to buy clothing and books for school; 
unofficial school fees required for repairs, supplies, and other school 
expenses; and the discrimination that Romani children faced when 
attending school. According to Romani families, their children were 
subject to hazing and discrimination from both fellow students and 
teachers. The government did not provide education in the Romani 
language.
    Surveys indicated that 30 percent of Roma in Moldova lived in 
housing in a high state of disrepair, as opposed to 7 percent for the 
general population.
    Other concerns with respect to the Roma included denial of 
emergency health care services to Roma in secluded Romani settlements, 
unfair or arbitrary treatment by health practitioners, a gap between 
Roma and non-Roma in rates of coverage by health insurance, and 
discrimination against Roma in the job market. There were no Roma in 
elected office and an extremely limited number worked in any capacity 
in public administration. The Ministry of Labor, Social Protection, and 
Family opposed regarding Roma as a vulnerable group for the purpose of 
social inclusion policy.
    In Transnistria, authorities continued to discriminate against 
Romanian speakers. While the use of the Latin alphabet is forbidden by 
the Transnistrian ``constitution,'' and reading/writing in the Latin 
script is punishable by a fine of approximately 480 lei ($40.50), the 
extent of enforcement of this rule was unknown. However, as part of the 
1992 ceasefire agreement, Transnistrian authorities allowed eight 
Latin-script Romanian-language schools (five high schools and three 
elementary schools) under the Moldovan Ministry of Education to operate 
in Transnistria. Approximately 7,700 children in the region attended 
these eight schools. According to media reports, Transnistrian 
authorities claimed--without presenting evidence--that the figure was 
much lower and that attendance levels dropped in recent years.
    Students and teachers from Grigoriopol commuted daily to the 
Romanian script school Stefan cel Mare's temporary premises in 
Dorotcaia. Aside from the difficult commute, since the start of the 
school year, Transnistrian authorities regularly stopped buses with 
teachers and 200 pupils at the ``border'' for lengthy identification 
checks, resulting in delays in the school program and stress to 
children and staff.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law does not prohibit 
discrimination against sexual minorities, and governmental and societal 
discrimination based on sexual orientation and gender identity 
continued during the year. According to the gay rights NGO GENDERDOC-M, 
lack of community recognition, negative media portrayals, and 
condemnation by the Moldovan Orthodox Church often led to social 
ostracism of Lesbian, Gay, Bisexual, and Transsexual (LGBT) persons and 
their families.
    The Moldovan Orthodox Church strongly opposed amending the 
antidiscrimination law to include LGBT persons as a protected class. 
The Association of Orthodox Organizations, religious groups, and NGOs 
rallied throughout the year in Chisinau and other cities in Moldova to 
protest against adoption of the antidiscrimination bill, withdrawn in 
March by the Ministry of Justice for further review and consultations.
    In addition to regular bans on public LGBT gatherings, civil 
society organizations reported other discriminatory practices, such as 
regular harassment of LGBT individuals by police and border 
authorities, the inability of transgender or transsexual persons to 
change personal documents during or following gender reassignment, and 
employment discrimination. A 2011 survey indicated that 40 percent of 
LGBT individuals were reluctant to speak openly with doctors because of 
their discriminatory attitude and behavior.
    On February 14, the Nondiscrimination Coalition, supported by 
Amnesty International, organized a flash mob in downtown Chisinau. Gay, 
lesbian, and heterosexual couples kissed and waved St. Valentine's Day 
cards with the text, ``Love can be different.'' In response a number of 
organizations declared their discontent with the event, which one group 
characterized as having ``directly attacked the fundamental values of 
the Moldovan society.'' Noua Dreapta (the New Right) published an open 
letter requesting public apologies from Amnesty International and the 
Nondiscrimination Coalition.
    While authorities allowed individuals to change their names (for 
example, from a male name to a female name), the government did not 
allow persons to change the gender listed on their identity cards or 
passports.
    In Transnistria consensual same-sex activity is illegal, and LGBT 
persons were subject to governmental and societal discrimination.

    Other Societal Violence or Discrimination.--NGOs including IDOM, 
the League of People living with HIV, the Regional Center for Community 
Policies, and New Life reported that persons living with HIV continued 
to face frequent societal and official discrimination, particularly 
from medical workers.
    While various laws enshrine patient confidentiality as an inherent 
right and prohibit the unauthorized disclosure of personal medical 
information, NGOs reported numerous cases of an individual's HIV status 
being disclosed by physicians or nurses. Such instances occurred 
primarily in rural areas and smaller communities with relatively few 
patients. No measures were taken to prevent such abuses. Disclosure of 
a person's HIV status often resulted in the individual's children being 
ostracized in kindergartens and schools, and employers found reasons 
for dismissal. Patients whose HIV status had been disclosed publicly 
avoided taking action against medical workers for fear of further 
discrimination. In one case of a husband of a deceased HIV-positive 
woman, the wife's HIV status was disclosed by medical personnel after 
her death from tuberculosis. Once her HIV status became public 
knowledge in their village, the husband and his young son were 
ostracized, and they were forced to leave the village.
    The government requires persons immigrating into the country to 
have a health certificate with the results of an HIV test. In three 
cases during the year, the Ministry of Interior's Bureau of Asylum and 
Migration refused to issue immigration certificates to HIV-positive 
individuals because they allegedly suffered diseases presenting a 
danger to public health.
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 
and conduct their activities without government interference. The law 
also provides for collective bargaining and the right to organize but 
forbids police and members of the armed forces from joining unions. The 
law provides for the right to strike, except for government workers and 
workers in essential services such as law enforcement. Health-care 
providers and public utility employees are not allowed to strike during 
duty hours. Political strikes are prohibited. Compulsory arbitration 
may be imposed at the request of only one party to the conflict.
    The law does not provide sanctions for violations of freedom of 
association or stipulate penalties for violating trade union rights. 
The law prohibits antiunion discrimination but does not provide for the 
reinstatement of workers fired for antiunion activity. According to the 
Prosecutor General's Office, thus far there were no cases reported of 
criminal investigations initiated by prosecutors for infringement of 
the right to organize and bargain collectively.
    The right to bargain and the right to organize were not always 
respected in practice, and unions could acquire legal status only if 
they were members of national, sectoral, or intersectoral 
organizations. Labor organizations reported that labor inspectorates 
and prosecutors' offices failed to monitor and enforce the right to 
organize effectively. Prosecutors may reject appeals by trade unions 
alleging antiunion behavior, and alleged violations of the trade union 
law remained unpunished during the year. Workers exercised the right to 
strike by conducting legal strikes during the year.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, with exceptions. The law and a government 
decision allow central and local authorities, as well as military 
bodies, to mobilize the adult population under certain conditions, such 
as national disasters, and to employ such labor to develop the national 
economy. The government did not invoke this provision during the year.
    Men, women, and children were trafficked for forced labor, although 
the number of cases has reportedly declined. 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 standards for child labor, including the minimum age for 
employment, hours of work, and working conditions, and prohibits the 
worst forms of child labor. However, these protections were not 
effectively enforced, and child labor was a problem. Parents who owned 
or worked on farms often sent children to work in fields or to find 
other work.
    According to a UNICEF study of working children, 18.3 percent of 
children fell into the category of child laborers, 63 percent of these 
were between five and 14 years of age, with 91 percent from rural 
areas.
    Farms and agricultural cooperatives reportedly signed contracts 
with school directors to allow students to work during the harvest high 
season. While children were paid for the work, they were pressured to 
participate. On several occasions during the autumn harvest in the 
southern regions of the country, the ombudsman responsible for children 
investigated allegations of children working in fields and vineyards 
and identified and returned children to their schools, threatening 
school authorities with fines. During inspections between January and 
November, the Labor Inspectorate Office (LIO) identified 222 persons 
under the age of 18 working for 27 economic entities, including 68 
children under the age of 17. As a result of inspections, 46 children 
were recommended for removal from forms of labor prohibited for minors, 
including several forms of agricultural activities. In 16 of the 
aforementioned cases, LIO initiated the administrative procedure and 
sent the case file to court. Of the 16 cases, four were terminated by 
the court and one case was ongoing. As part of the convictions obtained 
in 11 cases, the economic agents were sanctioned with fines.
    According to the National Federation of Employees in Agriculture 
and Food Industry, school attendance in rural areas declined by 20 
percent during the harvest season, with children forced to lift heavy 
weights and deal with hazardous chemicals.
    The minimum age for unrestricted employment is 18. Juveniles 
between the ages of 16 and 18 are permitted to work under special 
conditions, including shorter workdays, but are prohibited from night, 
weekend, or holiday shifts and are not permitted to work overtime. 
Fifteen-year-old children may work only with written permission from a 
parent or guardian.
    Children were reportedly trafficked within and outside the country 
for labor, and begging. The Prosecutor General's Office prosecuted six 
cases of trafficking of children for labor exploitation during the 
year, five cases of forced labor and one case of begging. All cases 
were ongoing in the courts. Girls were mostly trafficked to Turkey, 
Russia, Cyprus, and the United Arab Emirates; boys were trafficked to 
work in the construction, agriculture, and service sectors of Russia 
and the region. NGOs suspected that only a small number of cases of 
human trafficking were officially registered and assisted. The actual 
number of victims was unknown. The law provides for 10 to 15 years' 
imprisonment for persons engaging children in the worst forms of child 
labor, and under aggravated circumstances the sentence could be life 
imprisonment.
    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 for the 
private sector of the economy was amended in February 2010 and set at 
1,100 lei ($94) per month. The amount was established after lengthy 
negotiations with unions and company owners. During the year trade 
unions unsuccessfully petitioned the government to increase the minimum 
monthly wage to 1,500 lei ($128) and adjust it to the minimum 
subsistence level. The minimum monthly wage for the public sector was 
set by the government in June at 700 lei ($60) per month. In November 
the National Bureau of Statistics reported that the average monthly 
salary was 3,231 lei ($275). The average salary in the public sector 
was 2,905 lei ($245), and in the production sector 3,383 lei ($285). 
According to official data, the minimum subsistence level was 1,471 lei 
($125) in the first quarter, 1,503 lei ($126.79) in the second, and 
1,386 lei ($116.92) in the third. According to the most recent data 
released by Prime Minister Filat, the percentage of the population 
below the absolute poverty line was 21.9 percent in 2010, which was 4.4 
percent lower than 2009. According to official statistics, some 46 
percent of the population lived on less than the minimum subsistence 
level. Unions maintain that 760,000 residents receive wages or pensions 
under the minimum subsistence level.
    The law sets the maximum workweek at 40 hours with extra 
compensation for overtime and provides for at least one day off per 
week. The law prohibits excessive compulsory overtime. LIO field visits 
led to the sanctioning of violators when discovered, but staff and 
funding deficiencies limited the frequency of such visits. While the 
country had few foreign or migrant workers, the law gives them equal 
status to domestic workers.
    A thriving informal economy and black market accounted for a 
significant portion of the country's economic activity. Union 
representatives believed that the shadow economy employed approximately 
30 to 40 percent of the workforce. Informal economy workers did not 
have the same legal protections as formal employees.
    Under the labor code, work contracts are required for all 
employment. Registration of contracts with local officials is required, 
and the copies are sent to the local labor inspectorate. Through June 
the LIO reported 360 persons employed at 99 enterprises without such 
contracts. There were no reports of such contracts offered in the 
agricultural sector, and the central government did not have a 
mechanism to monitor compliance with the requirement.
    The government is required to establish and monitor safety 
standards in the workplace, and the LIO was responsible for enforcing 
health and safety standards. During the first six months of the year, 
the LIO performed 3,326 inspections, 1,625 of which were health and 
safety inspections and 1,701 in the field of labor relations/
legislation. The LIO inspected 2,600 companies employing 117,000 
persons. It documented 40,662 infringements, including 21,924 of health 
and safety standards and 18,738 of labor legislation.
    Poor economic conditions led enterprises to economize on safety 
equipment and provide inadequate attention to worker safety. LIO 
representatives noted severe financial and legal constraints on 
inspectors' activities, ranging from lack of Internet access, training, 
and fuel for inspectors to a system of incentives that drives employers 
to pay minimal fines for violations rather than address underlying 
problems. In 2010 there were 569 labor injuries reported. From January 
to June, there were 200 labor injuries reported that resulted in 29 
extremely severe injuries and eight deaths.

                               __________

                                 MONACO

                           EXECUTIVE SUMMARY
    The Principality of Monaco is a constitutional monarchy in which 
the sovereign prince plays the leading governmental role. The prince 
appoints the government consisting of a minister of state and five 
counselors. The prince shares the country's legislative power with the 
popularly elected 24-member National Council. In 2008 the country held 
multiparty elections for the National Council that were considered free 
and fair. Security forces reported to civilian authorities.
    There were no reports of widespread or systemic human rights 
abuses.
    The electoral system allows citizens to change many aspects of 
their government, but there is no constitutional provision to allow the 
citizens to change the monarchical nature of the government.
    The government punished 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--The country's one 
detention center/penitentiary generally met international standards, 
and the government permitted monitoring by independent human rights 
observers. Non-Monegasques sentenced to long prison terms generally 
were sent to France to serve their terms. As of September 2009, the 
most recent data available, there were 23 prisoners and detainees in 
Monaco. Of these, 10 were juveniles, and four were women. The detention 
center had a capacity of 81 persons. The prisoners had access to 
potable water in both the detention center and the prison.
    Prisoners and detainees had access to visitors. However, the U.N. 
Committee against Torture observed that there is no mechanism with 
France to ensure visitation rights for prisoners convicted by a 
Monegasque court and imprisoned in France. Prisoners were permitted 
religious observance and could submit complaints to judicial 
authorities without censorship. Authorities investigated credible 
allegations of inhumane conditions.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police and the 
Carabiniers du Prince, a ceremonial military unit that guards the 
prince's palace. The government has effective mechanisms to investigate 
and punish abuse and corruption. However, in February the European 
Commission against Racism and Intolerance (ECRI) reported that the 
General Inspectorate of Police worked under the instructions of the 
Directorate General of Public Safety and lacked the necessary 
independence to investigate complaints of human rights violations by 
police. There were no reports of impunity involving the security forces 
during the year.

    Arrest Procedures and Treatment While in Detention.--Arrest 
warrants are required, except when a suspect is arrested while 
committing an offense. The detainee must appear before an investigating 
magistrate within 24 hours to be informed of the charges against him 
and of his rights under the law. Most detainees were released without 
bail, but the investigating magistrate may order detention on grounds 
that the suspect might flee or interfere with the investigation of the 
case. Monaco and France worked cooperatively to return any fugitive who 
fled Monaco into France. The investigating magistrate may extend the 
initial two-month detention for additional two-month periods 
indefinitely. Detainees generally had prompt access to a lawyer, and 
the state provided one to indigent defendants. The investigating 
magistrate customarily permitted family members to see detainees.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The laws provide for the right to a fair trial, 
and an independent judiciary generally enforced this right. Defendants 
enjoy a presumption of innocence. Except for those involving minors, 
trials are public and usually held before a judge or tribunal of 
judges. In cases where the potential punishment exceeds 10 years' 
imprisonment, a panel of professional and lay judges hears the case. 
Defendants have the right to be present and to consult with an attorney 
in a timely manner. An attorney is provided at public expense if needed 
when defendants face serious criminal charges. Defendants are able to 
question the testimony of prosecution witnesses against them and 
present witnesses and evidence in their defense. Defendants and their 
attorneys have access to government-held evidence relevant to their 
cases. Defendants have a right to appeal.

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

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR). During the year the court 
made no rulings involving Monaco.

    Civil Judicial Procedures and Remedies.--The country has an 
independent and impartial judiciary in civil matters, and residents 
have access to a court to bring lawsuits seeking damages for, or 
cessation of, a human rights violation. Plaintiffs may appeal rulings 
to the ECHR. Plaintiffs regularly use available administrative remedies 
to seek redress for alleged wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The constitution and law provide for freedom of speech and 
press, and the government generally respected these rights in practice.

    Freedom of Speech.--The penal code prohibits public 
``denunciations'' of the ruling family and provides for punishment of 
six months' to five years' imprisonment. The media followed the law in 
practice. No one was charged with violating these statutes during 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 law provide for freedoms of assembly and association, and the 
government generally respected these rights in practice.

    c. Freedom of Religion.--See the Department'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.

    Protection of Refugees.--Access to Asylum.--In June the U.N. 
Committee against Torture noted that the granting of refugee status in 
the country is subject to approval by the French Office for the 
Protection of Refugees and Stateless Persons. Monaco is not a refugee-
receiving country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The authority to change the government and to initiate laws rests 
solely with the prince. The constitution can be revised by common 
agreement between the prince and the elected National Council.

    Elections and Political Participation.--Recent Elections.--The 2008 
National Council elections were considered free and fair.

    Participation of Women and Minorities.--There were six women in the 
24-member National Council and two women in the seven-member Crown 
Council. One government counselor was a woman. There were no members of 
minorities in the government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
isolated reports of governmental corruption alleged during the year but 
no formal proceedings against government officials for corruption. 
Public officials are not subject to financial disclosure laws.
    The law provides for public access to government information, and 
the government provided access in practice for citizens and 
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While the government did not restrict the establishment or 
operation of groups devoted to monitoring human rights, none existed in 
the country during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides that all nationals are equal before the 
law. It differentiates between rights accorded to nationals (including 
preference in employment, free education, and assistance to the ill or 
unemployed) and those accorded to all residents (including 
inviolability of the home). The law prohibits discrimination based on 
race, gender, disability, language, or social status, and the 
government generally enforced it.

    Women.--Rape, including spousal rape, is a criminal offense. There 
were no arrests or prosecutions for any form of rape during the year.
    Spousal abuse is prohibited by law, and victims may bring criminal 
charges against abusive spouses. Reports of violence against women were 
rare.
    Sexual harassment is illegal. There were no reports of sexual 
harassment during the year.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and to have the information and means to do so free from 
discrimination, coercion, and violence. Easy access to contraception, 
skilled attendance during childbirth, diagnosis, and treatment for 
sexually transmitted infections, including HIV, were accessible to both 
women and men.

    Discrimination.--Although the law provides for the equality of men 
and women, no institution has a mandate to monitor gender inequalities. 
Women were well represented in the professions but less well in 
business and finance. While no data was available, observers believed 
that there was a small and gradually diminishing gender pay 
discrepancy.

    Children.--Birth Registration.--Citizenship may be transmitted by a 
Monegasque parent. The government registers births immediately.

    Child Abuse.--Child abuse was generally not thought to be a serious 
problem. The government sponsored public service programs against child 
abuse, and the country's helpline service provided a means of reporting 
and addressing child abuse.

    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 community numbers approximately 1,000 
persons. There were no reports of anti-Semitic societal acts.

    Trafficking in Persons.--During the year there were no confirmed 
reports that persons were trafficked to, from, or within Monaco.

    Persons With Disabilities.--The constitution and the law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, and the provision of other state services. The government 
effectively enforced these provisions. The government has enacted and 
effectively implemented laws ensuring access to public buildings for 
persons with disabilities, and the country has a handicapped-equipped 
beach. According to government statistics, the Social Welfare Services 
provided assistance to approximately 2 percent of minors (persons under 
18) who were considered either to have disabilities or to be in danger.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There were no reports of acts 
against persons based on their sexual orientation or gender identity.

    Other Societal Violence or Discrimination.--There were no reports 
of violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
By law workers are free to form and join independent trade unions of 
their choice. Non-Monegasque workers, who constituted approximately 97 
percent of the workforce, have the right to join unions; however, the 
ECRI noted restrictions on the eligibility of workers who are neither 
Monegasque nor French to sit in the bureaus of trade union federations. 
The constitution and law provide for the right to strike. Government 
workers may not strike. Failure to respect this right is punishable by 
a fine or imprisonment from three months to a year. Collective 
bargaining is protected by law. Antiunion discrimination is prohibited. 
Union representatives may be fired only with the agreement of a 
commission that includes two members from the employers' association 
and two from the labor movement. The law provides for the free exercise 
of union activity.
    Workers exercised these rights in practice. Strike actions were 
infrequent. Employer organizations and trade unions negotiated 
agreements on working conditions.

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

    c. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 16 years. Those employing children under 
that age may be subject to a fine under criminal law. Employment 
between the ages of 16 and 18 is subject to severely restricted 
conditions. The government effectively enforced the child labor law.

    d. Acceptable Conditions of Work.--The legal minimum wage for full-
time work is the French minimum wage, 9.00 euros per hour ($11.64), 
plus a 5-percent adjustment to compensate for the travel costs of the 
three quarters of the workforce who commute daily. Most workers 
received more than the minimum wage.
    The legal workweek is 39 hours. The government allows companies to 
reduce the workweek to 35 hours if they so choose, but this option was 
rarely chosen. Regulations provide for a minimum number of rest periods 
and premium pay for overtime.
    Law and government decree fix health and safety standards, which 
workplace health and safety committees and the government labor 
inspectors enforced. There were no reports of labor law violations. The 
Department of Employment (Ministry for Health and Social Affairs) had 
several labor inspectors, but the number was unknown. The chief 
inspector answers directly to the director of the labor department. 
Labor inspectors inform employers and employees of all matters related 
to labor laws, and health and safety standards, reconcile--when 
possible--parties involved in disputes; and carry out onsite 
inspections to make sure all requirements of the above are respected in 
practice.

                               __________

                               MONTENEGRO

                           EXECUTIVE SUMMARY
    Montenegro is a mixed parliamentary and presidential republic. Both 
the president and the unicameral parliament (the Assembly) are 
popularly elected. The president nominates, and the Assembly approves, 
the prime minister. According to international observers, Assembly 
elections held in 2009 met international standards but underscored the 
need for further democratic development. Security forces reported to 
civilian authorities.
    One of the most important human rights problems facing the country 
was the mistreatment of refugees and other persons displaced as a 
consequence of conflicts in the 1990s and the absence of a resolution 
of their legal status. Another was societal discrimination based on 
gender, sexual orientation, ethnicity, age, and disability. Corruption 
continued to be a serious problem, despite some improvements in the 
government's battle against it. It was fostered by extensive cronyism 
and nepotism, weak controls over conflicts of interest, and the failure 
of the executive and judicial branches to identify and prosecute 
corrupt high-ranking officials.
    Other human rights problems included police mistreatment of 
suspects under arrest; substandard prison conditions; lengthy pretrial 
detention and protracted and inefficient trials; inadequate 
independence of the judiciary; physical attacks on journalists and 
politicization of the media that weakened the effectiveness of the 
press; denial of public access to information; domestic and other 
violence against women; child marriage among the Roma; and trafficking 
in persons. Roma lacked adequate access to employment, education, and 
housing. Infringement of workers' rights and child labor were also 
reported.
    The government took steps to prosecute and punish officials who 
committed abuses, whether in the security services or elsewhere in the 
government. Nevertheless, impunity remained a problem in some areas.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.
    On May 30, in Podgorica, off-duty policeman Zoran Bulatovic killed 
Aleksandar Pejanovic, a former boxer and police officer, following a 
quarrel between the two. Bulatovic's trial for murder began in 
September. Pejanovic, an outspoken advocate of maintaining the Serbia-
Montenegro union, received widespread press attention when he charged 
police with beating him after he participated in a protest against 
Montenegro's recognition of Kosovo's independence in 2008. At year's 
end police officers were being retried in connection with Pejanovic's 
2008 and 2011 charges.
    During the year authorities continued the slow process of pursuing, 
through the courts and in cooperation with neighboring governments, 
allegations of war crimes against persons associated with various sides 
during the Balkan wars of 1991-99. Only low- and middle-ranked police 
and military officers have been charged for these alleged crimes. The 
courts pronounced judgements in three cases, which were later appealed, 
leading to new trials or investigations. The case of six former 
Yugoslav People's Army soldiers and reservists accused of war crimes in 
1991 and 1992 in the Morinj prisoner of war camp ended with 
convictions. However, the seven individuals charged with atrocities 
against Bosnian Muslims in the Bukovica region in 1992 and 1993, as 
well as nine former police officers accused of deporting 83 Bosnian 
refugees who were then killed, presumably by Bosnian Serb troops, were 
acquitted. There was considerable societal pressure on a former police 
officer, Slobodan Pejovic, who testified in one of the cases. He was 
physically attacked several times, suffered damage to his personal 
property, and was sued. There were also allegations that Pejovic was 
actually one of the perpetrators of the crime. The often delayed trial 
of eight officers and soldiers from the Podgorica Corps of the former 
Federal Republic Yugoslav Army, who were accused of the 1999 killing of 
23 Albanian civilians in Kaludjerski Laz near Rozaje, continued at 
year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, but 
police at times beat and harassed suspects, particularly during arrest 
or custodial interrogation.
    In June the nongovernmental organization (NGO) Youth Initiative for 
Human Rights (YIHR) expressed concern about the government's slow pace 
in processing cases of alleged torture and other forms of inhuman 
treatment and pointed to the small number of resolved cases. They also 
highlighted reported allegations of torture by police officers in 
prisons.
    Authorities continued measures to implement the recommendations of 
the Council of Europe's Committee to Prevent Torture (CPT), published 
in 2010. The recommendations stemmed from a 2008 mission that inspected 
the country's prisons. According to the CPT's report, inmates made 
numerous accusations of torture and mistreatment, including beatings 
with sticks, at the hands of officials. In the latter half of 2010, the 
ombudsman made unannounced, after-hours visits to all 21 police 
detention units. In a special report on detention units, which was 
forwarded to the Assembly, he stated that many deficiencies related to 
the mistreatment of persons in custody had been rectified, especially 
in the conditions of detention cells (including physical enlargement, 
better equipment, lighting, hygiene, ventilation, and air 
conditioning).
    During the first eight months of the year, the Department for 
Internal Control of Police Operations received 63 complaints of police 
misconduct. It found 14 cases justified and 49 unjustified. The police 
stated that they took disciplinary actions in response to those 
complaints they considered justified.
    On February 23, according to the media, police director Veselin 
Veljovic denied Internal Control Department personnel access to the 
police electronic database, blocking their investigations. In response 
to the Interior Ministry's objection, Veljovic cited the law protecting 
data privacy.
    Citizens may address complaints of police abuse to a legally 
mandated agency, the Council for Civilian Control of Police Operations, 
but the council can only make recommendations for action to the Office 
of Internal Police Control or the state prosecutor. In the first six 
months of the year, the council reviewed and forwarded approximately 50 
such complaints to the police and judiciary. Information on follow-up 
by those institutions was not available. Some members of the Assembly 
claimed that the council's monitoring of the police was inadequate.
    Observers noted that police continued the practice of filing 
countercharges against individuals who reported police abuse. It was 
widely believed that this practice contributed to the reluctance of 
citizens to report police mistreatment.
    On June 3, police stated that prosecutors brought criminal charges 
against 235 police officers during the previous five years, but there 
were no reliable statistics on the conviction rate. Courts at times 
dismissed allegations of police abuse because they had not been filed 
or processed in a timely manner.
    During the year prosecutors charged, and courts convicted, a number 
of officials of mistreating individuals in their custody. On May 25, 
for example, the Podgorica Basic Court sentenced police officer Djordje 
Papic to 10 months in prison for mistreating Danijel Batrovic and 
Zlatko Gosovic in 2007.
    On June 15, the media reported that the High Court confirmed a 
lower court's acquittal of five special police antiterrorism unit 
officers (Marko Kalezic, Darko Sekularac, Nenad Scekic, Branko 
Radickovic, and Milorad Mitrovic) of mistreating Pjetar Sinistaj and 
his sons Anton and Viktor while arresting the elder Sinistaj. The case 
involved one of the country's largest police actions, in which a group 
of 18 ethnic Albanians from Malesija, a predominantly Albanian region 
near Podgorica, were arrested one day before the 2006 Assembly 
elections for allegedly plotting terrorist attacks.
    Courts and prosecutors continued to wrestle with allegations of 
complicity by officials in the mistreatment of Aleksandar Pejanovic, 
who was brutally beaten while incarcerated, leading to a renewed trial 
against the alleged perpetrators within the police force. Pejanovic's 
trial gained wide media attention. On April 15, the Podgorica High 
Court overruled the 2010 decision of the Podgorica Basic Court that had 
sentenced police officers Milan Kljajevic and Milanko Lekovic to five 
months in prison, and Ivica Paunovic to three months, for complicity in 
Pejanovic's mistreatment (the lower court had acquitted two other 
alleged participants). A new trial was pending at the year's end. 
Following this lengthy legal imbroglio, the High Court overruled the 
decision of the basic prosecutor to indict Goran Stankovic, who was 
another one of the police officers accused of mistreating Pejanovic and 
who testified against the others. During the trial, Stankovic alleged 
that several of his colleagues, mostly supervising and higher-ranking 
officers, committed a series of offenses involving the ordering, 
enabling, and cover-up of Pejanovic's torture. At year's end a special 
antiterrorist unit policeman, Zoran Bulatovic, was on trial for the May 
killing of Pejanovic.

    Prison and Detention Center Conditions.--Prisons and facilities for 
holding pretrial detainees were generally dilapidated, overcrowded, and 
according to the Ministry of Justice, a threat to the safety of 
prisoners, although there were some improvements over previous years.
    In its report to the Assembly committee responsible for monitoring 
prison conditions, the Ministry of Justice cited a shortage of 
facilities as a significant problem that reduced the government's 
ability to carry out prison sentences according to prescribed 
standards.
    In September observers visiting Spuz Prison, the country's largest 
penitentiary, described continued problems of overcrowded facilities in 
need of enlargement and renovation. The inadequacy of facilities for 
treating alcoholics and drug addicts led the administration of the Spuz 
facility, which is near Podgorica, to place many such patients in a 
psychiatric hospital that was poorly equipped to handle criminal 
patients.
    On June 11, prisoner Radojko Jurisevic died after overdosing on 
medications. His family accused prison authorities of failing to 
provide adequate medical care following the overdose. On November 14, 
Milivoje Terzic from Pljevlja, who was in detention on suspicion that 
he swindled the mother of the fugitive drug lord Darko Saric out of 
300,000 euros ($390,000), was found dead in a prison cell. While prison 
authorities and one forensic expert claimed that Terzic died by hanging 
himself, another forensic expert said that the detainee could have been 
strangled. Due to the conflicting autopsy reports, no conclusion about 
the cause of death was reached by year's end.
    During the year 12 inmates went on hunger strikes protesting 
alleged abuses, including protracted criminal proceedings, overly 
severe sentences, physical abuse by guards, poor medical conditions, 
and a ban on personal visits. Prison administrators denied those 
accusations. During the year 12 women serving sentences in a partially 
open section of the Spuz Prison described to the media conditions there 
that they considered inhumane.
    In September the country's prison population of 1,350 exceeded the 
maximum capacity of 1,050, despite the implementation of an amnesty 
program in July 2010 that slightly reduced the prison population. Of 
the 1,350 inmates, 414 were convicts and 936 were detainees. During the 
year three deaths were reported in prisons.
    In the first nine months of the year, prison authorities 
disciplined 11 prison wardens for violating various work rules and 
protocols. In 2010 they fined 33 wardens and fired three.
    Prisoners had reasonable access to visitors, were permitted 
religious observance, and were given appropriate and sufficient food. 
Individual prisons did not have ombudsmen, but authorities permitted 
both visitors and detainees to submit complaints to judicial 
authorities and the national ombudsman without censorship and to 
request that authorities investigate credible allegations of inhumane 
conditions. In 2010 the ombudsman received 44 complaints of inhumane 
treatment in prison. For example, in Spuz Prison there were special 
boxes where inmates could submit grievances directly to the ombudsman, 
but the boxes were located in the corridors under video surveillance 
and keys were kept by prison administrators, which discouraged inmates 
from submitting grievances. Several families of imprisoned or detained 
persons claimed during the year that serious violations of inmates' 
rights occurred despite existing safeguards. Conditions for women were 
equal to those of men. Inmates had access to potable water.
    Authorities often investigated credible allegations of inhumane 
conditions, but at times did so only in reaction to media campaigns or 
upon the ombudsman's recommendation. NGOs and human rights activists 
often criticized the results of those investigations. The ombudsman 
expressed the view that more guards should have been held responsible 
for the 2009 beating of inmates Dalibor Nikezic and Igor Milic, a 
violation of prison procedures that was filmed by the security camera. 
The Ministry of Justice, responsible for operating the national 
prisons, monitored prison and detention conditions.
    According to the law, authorities may allow certain convicted 
persons to serve their sentences through voluntary service in a state 
institution or agency, but this alternative, which observers noted 
could reduce overcrowding, was used only in a few cases. The practice 
of detaining suspects pending trial was almost universal. In June the 
Assembly amended the law to empower a newly founded Department for 
Suspended Sentences in the Ministry of Justice to grant conditional 
release to prisoners who served two-thirds of their sentence and to 
monitor furloughed convicts. A new criminal procedure code, whose full 
implementation began in the second half of the year, envisages a number 
of noncustodial supervision measures. Enabling legislation on 
supervisory monitoring by electronic device was not adopted during the 
year.
    Authorities continued to make improvements in the prison system. In 
2010 new space was added to prisons in Spuz and Bijelo Polje. Units in 
these prisons for prisoners serving shorter sentences and suspects 
awaiting trial were under repair. Repairs were made on the electric and 
water supplies, as well as sewage facilities, in both prisons, and 
existing facilities were renovated. In the Spuz Prison, authorities 
built a new cafeteria and an administration building.
    The government permitted monitoring visits by independent 
nongovernmental observers, including human rights groups, the 
International Committee of the Red Cross (ICRC), and the media, in 
accordance with their standard modalities. Visits by domestic NGOs, the 
European Commission, and the Organization for Security and Cooperation 
in Europe (OSCE) also took place during the year. Some of the visits 
were undertaken on short notice, and monitors were allowed to speak 
with the prisoners without the presence of a guard. Representatives of 
the Office of the Human Rights Ombudsman routinely visited prisons 
without prior notice, meeting with detainees and inmates.

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

    Role of the Police and Security Apparatus.--The national police 
force, which includes the border police, is responsible for law and 
order. They were generally effective. The Agency for National Security 
(ANB), a self-standing entity within the government, is responsible for 
intelligence and counterintelligence. Military and security affairs are 
the responsibility of the Ministry of Defense. In July the ANB and 
Ministry of Defense signed a memorandum of understanding that mandates 
that several members of the ANB be seconded to the Defense Ministry to 
collect and process defense intelligence, a decision which led some 
opposition leaders to accuse the ANB, which they assert has abused its 
authority on behalf of the governing coalition, of seeking to exert 
inappropriate influence on the Defense Ministry in the area of 
cooperation with NATO. The Assembly is responsible for overseeing 
democratic and civilian control of the army, police, and security 
services. Assembly members sitting on that body's Committee for Defense 
and Security had access to classified documents without prior approval 
or security clearances. The NGO Alternativa accused the Assembly of 
insufficient enforcement of control mechanisms envisaged by the Law on 
Parliamentary Oversight of Security Services.
    Some problems of impunity in the security forces remained, and 
opposition parties described such oversight mechanisms as the Council 
for Civilian Control of Police Operations as ineffective. Criminal 
proceedings against police for mistreatment of persons in their 
custody, obtaining evidence by means of extortion, and other violations 
of office were rare. Investigations of alleged abuses were ineffective 
and penalties were lenient. In its report for 2009-2010, the Council 
for Civilian Oversight of Police Operations stated that prosecutors 
initiated criminal proceedings in only four of the 17 cases of alleged 
police mistreatment of civilians that it forwarded to them. 
Whistleblowers among the police were not well protected, as shown by 
the case of Goran Stankovic, a policeman who testified in the beating 
of Aleksandar Pejanovic (see section 1.c.). Human rights observers 
claimed that citizens were reluctant to report police misconduct for 
fear of reprisals. The Prosecutor's Office is responsible for 
initiating criminal investigations into allegations of torture and 
mistreatment. In such cases the courts usually found that police use of 
force was reasonable.
    In its September 2010 report on police reform, the OSCE, while 
noting that problems remained, stated that ``encountering police in 
2010 one cannot help but realize that police reform is immediately 
visible.'' The report called for further training, noting that ``only a 
tiny percentage of police officers have been fully trained at the 
Academy . . . [;] the majority . . . remained products of the short in-
service training courses.''

    Arrest Procedures and Treatment While in Detention.--Arrests 
require a judicial warrant or a ``strong suspicion that the suspect 
committed an offense.'' Police generally made arrests with warrants 
based on sufficient evidence. The law provides that police must inform 
arrested persons immediately of their rights, and authorities respected 
this right in practice. Authorities have a maximum of 24 hours to 
inform the family, common law partner, or responsible social 
institution of an arrest. They may detain suspects for up to 48 hours 
before bringing them before a judge and charging them. At arraignment 
the judge makes an initial determination about the legality of the 
detention. In practice, arraignment generally occurred within the 
prescribed period. The law permits a detainee to have an attorney 
present during police and court proceedings. Detainees generally had 
prompt access to a lawyer and family members. There is a system of 
bail, but it was not widely used because citizens could rarely raise 
money for bail.
    Trials themselves were subject to frequent interruptions.
    Police continued to summon suspects and witnesses to police 
stations for ``informative talks,'' usually without holding them for 
extended periods. In principle those who have been summoned have the 
right not to respond.
    The law forbids the use of force, threats, or coercion by police to 
obtain evidence, but police at times beat and harassed suspects while 
arresting them or detaining them for questioning. NGOs and human rights 
observers noted that the incidence of such practices had greatly 
declined in the previous two years.
    In August a new criminal procedure code entered into force. The 
deputy prime minister, who also serves as the minister of justice, 
stated that the judiciary was prepared to apply the entire code. The 
new code specifies that verdicts may not be based on evidence that has 
been obtained by violating human and fundamental rights guaranteed by 
the constitution or by ratified international treaties. It includes the 
right of detainees to be visited by the ICRC and other international 
organizations and requires authorities to reopen cases when the 
European Court of Human Rights (ECHR) or any other court established by 
an internationally ratified treaty finds that a conviction was achieved 
by methods or procedures that violate human rights and freedoms.

    Pretrial Detention.--The law sets the initial length of pretrial 
detention at 30 days but provides for the possibility of an extension 
to five more months and allows a defendant to be detained for up to 
three years before a trial court verdict is issued. Pretrial detainees 
on average accounted for 44 percent of the prison population. According 
to authorities, the average length of pretrial detention was 
approximately three months and 19 days in the Spuz Prison and two 
months and 15 days in the Bijelo Polje Prison.
    Extensive backlogs in the justice system contributed to numerous 
instances of lengthy pretrial detention. A 2007 law on the right to 
trial within a reasonable time was not effective. Courts rejected 
almost all defendants' complaints of delays but did not give parties 
concrete legal grounds for doing so, making it difficult to challenge 
the decisions. Relatively few defendants tried to make use of the law 
to challenge delays. According to a March analysis conducted by the NGO 
Human Right Action, defendants filed only 214 complaints since adoption 
of the law, despite a backlog of 10,853 cases, some from 2008 and 
earlier.

    Amnesty.--During the first eight months of the year, the president 
pardoned 65 convicts.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, but some observers asserted that the 
judiciary was not always independent. They claimed that government 
officials influenced prosecutors for political and personal reasons. 
Nevertheless, progress continued to be made on judicial reform, 
strengthening the independence, responsibility, and capacity of judges 
and prosecutors.
    Some observers contended that the process by which the executive 
and legislative branches proposed and adopted the courts' budgets could 
influence the independence of the judiciary. There were also aspects of 
the legal framework that provided space for political influence. For 
example, in the view of some observers, the manner of appointment of 
judicial and prosecutorial officials, including the absence of a merit-
based career system, did not adequately shield them from political 
influence. While cases are ostensibly assigned to judges at random, 
concerns over the transparency of the process were raised. The 
government and politicians at times sought to influence the judiciary 
by commenting on the cases--for example, in some trials for slander or 
corruption involving prominent persons or senior officials--and thereby 
contributed to continued public distrust of the judiciary. A large 
backlog of cases, primitive courtroom facilities, inadequate 
administrative support for judges and prosecutors, shortage of skills, 
cumbersome procedures, and judicial corruption also remained problems.
    On September 28, the NGO Center for Democracy and Human Rights 
published a report indicating that the principles of a fair trial were 
violated in nearly one-half of the 35 cases the group followed during a 
five-month period. The most common violations involved the right to a 
speedy trial, but there were also instances in which police failed to 
comply with court orders. The implementation of civil and criminal 
court decisions frequently remained weak.
    A law on free legal aid, adopted on April 5 and scheduled to take 
effect on January 1, 2012, was designed to apply to all citizens, 
foreigners with permanent residence, and persons with approved 
temporary residence. At year's end authorities were in the process of 
establishing legal aid offices in basic courts throughout the country. 
The U.N. Development Program (UNDP) supported the establishment of 
three pilot offices in Podgorica.
    Courts continued to reduce their backlogs of civil and criminal 
cases, but concerns remained about the reliability of statistics as an 
indicator of the qualitative progress. On September 1, a law took 
effect designed to make the administration of misdemeanor penalties 
more efficient. In its October 12 enlargement report, the European 
Commission noted judicial reform as one area in which the country had 
made significant progress; however, other reports suggested that the 
commission may have been too generous in its praise of the judicial 
system.
    A Judicial Council is responsible for the election, discipline, and 
removal of judges. Since the existing council was established in 2008, 
several judges have been fired, suspended, or sanctioned for 
unprofessional behavior.
    In July the Assembly amended the laws affecting the courts, the 
Judicial Council, and the Office of the State Prosecutor, in an attempt 
to limit political influence and broaden judicial independence. The 
amendments changed the manner of appointment of members of the Judicial 
Council, giving judiciary an increased role, providing for greater 
transparency, and introducing higher standards for members. There were 
changes in the composition of the Prosecutorial Council, and it was 
given a broader scope of action in disciplinary proceedings.
    Authorities stated that courts completed 76.7 percent of their 
cases in 2010, processing 127,197, or 1.6 percent, more cases than in 
2009. To make the work of the courts more transparent, the Supreme 
Court's Web site, established in October, began posting the decisions 
of the courts.

    Trial Procedures.--Criminal trials are generally public, but 
sessions may be closed during the testimony of state-protected 
witnesses. Juries are not used. Professional judges preside over 
trials. Lay judges assist them in determining verdicts, but the judges 
generally determine the sentences. Defendants have the right to be 
present at their trials and to consult with an attorney in a timely 
manner in pretrial and trial proceedings. Defendants have a right to an 
attorney and an attorney is provided at public expense when a defendant 
is a disabled person, in detention, destitute, or indicted on a charge 
carrying a possible sentence greater than 10 years. These rights were 
generally respected. Defendants and their attorneys have the right to 
access government-held evidence relevant to their cases. Defendants 
enjoy a legal presumption of innocence. Courts may try defendants in 
absentia but must repeat the trials if the convicted individuals are 
later apprehended. Both the defense and the prosecution have the right 
of appeal. Defendants' rights were generally respected and extended to 
all citizens.

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

    Regional Human Rights Court Decisions.--Once national remedies are 
exhausted, citizens may appeal alleged violations of human rights by 
the state to the ECHR. At year's end 885 cases involving the country 
were pending before the ECHR, most relating to the right to a speedy 
trial, alleged failure to implement court decisions, property 
restitution, property rights, length of pretrial detention, media 
freedom, treatment by police, and slander. Since 2004 the ECHR has 
issued six rulings against the government for violations of the 
European Convention on Human Rights. Authorities immediately 
implemented the first ruling, handed down in 2009. Implementation of 
the remaining rulings was pending.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent judiciary in civil matters, and citizens had 
access to courts to bring lawsuits seeking damages for, or cessation 
of, human rights violations. Although parties have brought suits 
alleging human rights violations and at times prevailed, there was 
widespread public distrust in the independence of the judiciary.
    Citizens may appeal violations of their human rights to the 
Constitutional Court, which is often publicly criticized for its 
inefficiency and lack of transparency. In 2010 the Constitutional Court 
accepted three appeals and rejected 184. The Constitutional Court does 
not judge, but only examines the alleged human rights violations 
committed in the case or procedure. If the court finds a human rights 
violation, it will revoke the decision and refer it to the appropriate 
authority or court to rectify its decision.
    Courts continued to deliberate on a series of claims filed on 
behalf of 54 plaintiffs seeking 1.4 million euros ($1.82 million) in 
damages arising from the 1992 deportation of Muslims and Bosniaks to 
Republika Srpska in Bosnia-Herzegovina, where they subsequently were 
killed or disappeared. In five cases plaintiffs were awarded 435,000 
euros ($566,000) total, while other cases were pending at year's end. 
In earlier cases 196 plaintiffs were awarded 4.1 million euros ($5.3 
million).

    Property Restitution.--Although the return of private property 
seized since 1945 continued during the year, many applicants complained 
that the process was slow and lacking in transparency, and that the 
appropriated funds were insufficient. The 2010 report of the 
ombudsman's office contained similar criticism and noted that it had 
received a significant number of complaints about the restitution 
commissions the government established to handle claims. The report 
noted that compensation proceedings heard by the commission in 
Podgorica were significantly less protracted than those adjudicated by 
the commissions in Bijelo Polje and Bar.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such interference 
without court approval or legal necessity and prohibit police from 
searching a residence or conducting undercover or monitoring operations 
without a warrant. The government generally respected these 
prohibitions.
    During the year Vasilije Milickovic from Podgorica accused the 
police and the mayor of Podgorica of illegally arresting him and 
expropriating his land. On May 4 and 5, Milickovic tried to prevent the 
workers of the Tehnoput Company from building a detour of a Podgorica 
road on his land. He tried to block the construction, claiming that his 
property rights were violated because the city decided to construct the 
road while his court appeals were pending. In two separate trials, the 
Podgorica Basic Court sentenced Milickovic to 20 days in prison and a 
1,100 euros ($1,430) fine for violating public peace and order when he 
refused to allow the construction crews on his property. Subsequently 
the Administrative Court revoked the decision and ordered a new trial.
    The law requires the ANB to obtain court authorization for 
wiretaps, but some observers believed that authorities selectively used 
wiretapping and surveillance against opposition parties and other 
groups without court authorization. Many individuals and organizations 
operated on the assumption that they could be under surveillance.
    In April the Agency for Protection of Personal Data (APPD), an 
independent government organization with the responsibility for 
protecting personal data, voided an agreement according to which 
telephone service providers were giving police extensive data about 
citizens, including direct access to the listings of mobile telephone 
services, without a court order. Both the agency and the Prosecutor's 
Office subsequently reported that they found no irregularities in 
police use of information from mobile phone service providers. Police 
forwarded new agreements to the APPD for assessment.
    On November 4, the Podgorica Basic Court voided an agreement 
between police and the service provider M:tel giving police access to 
the databases and telephone records of M:tel's subscribers. The court 
acted in response to a complaint by the NGO Network for Affirmation of 
the NGO Sector (MANS), which contended that police should not have the 
legal right to access the databases and telephone records of the 
country's three mobile phone providers without a court authorization. 
MANS additionally claimed that police violated citizens' privacy by 
warrantless monitoring of more than 20,000 private telephone 
conversations since 2007. Police director Veselin Veljovic rejected 
this charge.
    The APPD stated that the most common violation of privacy was 
excessive use of public video surveillance. The agency claimed that 
illegal use of video cameras by both public institutions and private 
businesses was a big problem, emphasizing that surveillance was used 
contrary to regulations and without the APDS's approval.
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 
press, but there were some restrictions in law and practice. The 
constitution and law criminalize the incitement of national, racial, 
and religious hatred and intolerance and there were some prosecutions 
during the year (see section 6).

    Freedom of Speech.--Individuals could criticize the government 
publicly or privately without reprisal, and there were no reports that 
the authorities monitored political meetings or otherwise attempted to 
impede criticism.
    On January 20, prosecutors charged Bishop Amfilohije Radovic of the 
Serbian Orthodox Church in Montenegro (SPC) with engaging in hate 
speech. Responding to government plans to demolish a church whose 
location they regarded as illegal, the bishop said ``anyone who 
demolishes the church, may God demolish him.'' The prosecutors claimed 
that Radovic's words caused offense to Montenegrins. The trial before 
the Podgorica Court of Offense continued at year's end.

    Freedom of Press.--Although the independent media were active and 
generally expressed a wide variety of political and social views, there 
were reports of threats against journalists as well as of political and 
economic pressure placed on the media. The government did not restrict 
the distribution of foreign publications. The print media included 
private newspapers and a state-owned newspaper with a national 
circulation.
    Authorities were again unsuccessful in their efforts to sell the 
government's 86 percent holding in the national daily newspaper 
Pobjeda, as required by a 2002 law. They supported the newspaper 
financially with the stated aim of avoiding bankruptcy. Opposition 
politicians continued to criticize the newspaper's reporting, which 
they claimed favored the government and was used to discredit 
government opponents, including opposition politicians, some private 
media owners, and some NGOs. A new tender issued on September 27 for 
privatization of the state-owned publisher resulted in one bid, but 
authorities had not started talks with the bidder at year's end.
    Private media claimed that the placement of advertising in the 
media by state-owned companies was not transparent or free of political 
influence, pointing out that such companies advertised mainly with the 
state-owned newspaper, even though it had a smaller circulation and 
less influence than its private competitors.
    Government opponents continued to criticize the functioning of the 
country's public radio and television broadcaster, Radio and Television 
of Montenegro (RTCG). They claimed that, instead of serving the public 
interest, RTCG was controlled by the ruling political structures and 
that the public broadcaster clearly favored the government in its 
programming and reporting.

    Violence and Harassment.--Representatives of the independent 
newspaper Vijesti continued to be the main targets of anonymous 
attacks. On three occasions in July and August, vandals set fire to 
vehicles belonging to the newspaper. On July 25, the OSCE media 
representative wrote to the foreign and interior ministers that these 
crimes ``seriously undermine media freedom in Montenegro and create a 
chilling effect for the entire media community.'' On November 28, media 
reported that Daily Press, Vijesti's publisher, sued the state for 
60,000 euros ($78,000) in compensation for the authorities' failure to 
prevent the ``terror attacks on the newspaper's property'' and their 
failure to protect the company's rights and interests. There were no 
reports on the court's actions in this case at year's end.
    On November 18, a journalist and a cameraman from Vijesti 
Television and a photo reporter from the daily Vijesti newspaper were 
physically assaulted while filming at a location in Niksic. Police 
arrested three persons following the attack. The prosecutor of Niksic 
Basic Court filed criminal charges against one of the attackers, the 
Court of Offense fined another 560 euros ($728) for insulting the 
reporters, and the third person was acquitted. Prime Minister Igor 
Luksic and the resident OSCE mission condemned the attacks. The 
assaulted reporters said they did not know why they were attacked. The 
editor in chief of Vijesti Television warned that the attacks on 
journalists would continue as long as the perpetrators of previous 
attacks on journalists went unpunished.
    Investigations or trials related to several earlier attacks 
continued. Legal wrangling continued in connection with an alleged 
physical assault in 2009 by the mayor of Podgorica and his son of 
Vijesti's deputy editor in chief and a photo reporter for the 
newspaper.
    Journalists and other media professionals continued to receive 
threats. For example, authorities indicted Marko Piper and Slavko 
Music, two workers at a factory in Mojkovac, on allegations that they 
threatened Vijesti reporter Olivera Lakic over several articles she 
wrote about the illegal production of cigarettes that allegedly was 
taking place there. Their trial was underway at year's end.

    Libel Laws/National Security.--On June 22, the Assembly eliminated 
legal provisions that made defamation and insult criminal acts. In the 
past, officials used these provisions to discourage journalists from 
writing negative articles about them and to punish journalists for 
stories that accused them of wrongdoing.
    On December 20, the Podgorica High Court overturned the four-month 
prison sentence for libel levied by the Podgorica Basic Court against 
journalist Petar Komnenic. The high court recommended community service 
instead. The basic court initially levied a penalty of 3,000 euros 
($3,900), because of an article by Komnenic in Monitor in 2007 in which 
he claimed that a number of judges of the Podgorica Higher Court were 
kept under secret government surveillance. Komnenic refused to pay the 
fine, and it was converted into a four-month prison sentence.
    On November 22, the ECHR found that authorities violated the free 
speech rights of Veseljko Koprivica, editor of the magazine Liberal, 
when they fined him for claiming in a 2004 article that 16 Montenegrin 
journalists were facing trial by the International Criminal Tribunal 
for Yugoslavia. The Tribunal stated that the information was false. 
Even though the ECHR agreed that Koprivica had made insufficient 
efforts to confirm his information, it found the damages levied upon 
him--25 times greater than his monthly pension--were disproportionate.
    The constitution and law criminalize the incitement of national, 
racial, and religious hatred and intolerance. On April 7, the Agency 
for Electronic Media, the supervisory body in the field of broadcast 
media, issued an official warning to Radio Svetigora because of a 
statement by the SPC priest and abbot of Dajbabe Monastery Nikodim 
broadcast on March 27 that ``the Montenegrin nation was created by the 
devil, not by God.'' The agency noted that the Radio Svetigora 
journalist who interviewed the priest failed to take issue with the 
statement, and warned the radio not to incite, spread, or enable hate 
speech or other forms of discrimination. On October 25, local media 
reported that Podgorica's Court of Offense found the priest guilty of 
hate speech and fined him 900 euros ($1,170).
    Despite these developments, some media outlets demonstrated a 
willingness to criticize the government. The prominence of articles and 
television programs critical of the authorities suggested that self-
censorship was not a major problem. Some observers noted that 
journalists were susceptible to bias due to their lack of expertise, 
pressure from their employers, or their political affiliations. The 
observers noted that a deep division between progovernment and 
opposition media, manifested by mutual accusations in the public 
sphere, prevented the establishment of a functional self-regulation 
mechanism for journalists.

    Actions to Expand Press Freedom.--In addition to legislation 
enacted by the Assembly eliminating criminal libel, authorities 
appropriated a 4.5 million euro ($5.8 million) subsidy to broadcast 
media to cover their debts to government agencies for unpaid license 
fees and signal transfer taxes for 2009-10. The government also helped 
the private newspaper distributing company Bega Press to emerge from 
its 2009 bankruptcy. The cost of the rescue attempt was 880,000 euros 
($1.14 million). The funding allowed the three dailies Dan, Vijesti, 
and Pobjeda and the weekly publication Monitor to offset 800,000 euros 
($1.04 million) owed them by Bega Press. The three included both state-
owned and privately owned publications, but government opponents 
questioned the legitimacy of the decision to use taxpayer money to aid 
the bankrupted private company.

    Internet Freedom.--There were no government restrictions on access 
to the Internet, but until ordered to cease doing so in March, one of 
the country's principal Internet service providers gave police direct 
and warrantless access to all forms of communications carried on its 
servers. It was unknown whether authorities made use of this access to 
monitor e-mail or Internet Web sites or chat rooms.
    MANS, an NGO, used the freedom of information law to obtain a 2007 
government agreement with the communications company M:tel giving 
police around-the-clock access to all forms of communication it 
provided. In response to a civil suit by MANS representatives on March 
28, the Agency for Personal Data Protection ordered M:tel to cease 
giving police personal data, stating that the agreement violated the 
law and constitution. On November 3, Podgorica's basic court annulled 
the agreement between the police and the communication company for 
violating the citizens' rights to privacy; it found the agreement 
contradictory to the constitution and the European Convention on Human 
Rights. The court also ordered the police and M:tel to pay a total sum 
of 1,000 euros ($1,300) for trial expenses.
    There was no evidence that the government collected or disclosed 
personally identifiable information about persons based on that 
person's peaceful expression of political, religious, or ideological 
opinion or belief.

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

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and laws provide for freedom of assembly and association, and the 
government generally respected these rights in practice. A wide range 
of social, cultural, and political organizations functioned without 
interference, but authorities denied disgruntled workers the right to 
assemble and express their grievances on several occasions.

    Freedom of Assembly.--According to the media, police rejected more 
than 200 applications for permission to assemble in 2010-2011, most of 
them organized by disgruntled workers. The police justified their 
actions by contending that the assemblies would cause a public 
hindrance, and in some cases authorities offered the protesters other 
locations for their demonstrations. On April 11, the YIHR applied to 
the Constitutional Court for an assessment of parts of the Law on 
Public Assemblies. The YIHR claimed that certain provisions that 
permitted government bodies to prohibit peaceful assemblies violated 
the constitution. The court did not respond to this request by year's 
end.

    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.
    For the most part, 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 displaced 
persons, refugees, returning refugees, asylum seekers, stateless 
persons, and other persons of concern.

    Internally Displaced Persons (IDPs).--Data released in October by 
the Bureau for the Care of Refugees categorized 9,367 persons who fled 
Kosovo during the 1999 conflict as IDPs, since at the time of their 
flight, the territories of present-day Montenegro and Kosovo were part 
of the same country--the State Union of Serbia and Montenegro. Another 
3,776 persons were categorized as ``displaced persons'' or DPs. Most of 
them were ethnic Serbs from Bosnia-Herzegovina and Croatia who fled 
those areas in 1991-95 during the conflict that attended the breakup of 
Yugoslavia. Authorities asserted that these persons had not crossed 
recognized borders at the time of their flight and could not be 
considered refugees. The UNHCR, on the other hand, regards both groups 
as having been ``refugees'' at the time of their arrival.
    The status of both DPs and IDPs was temporary and their rights were 
limited, increasing their economic and social vulnerability.
    The treatment of DPs and IDPs was not equal. The law recognizes DPs 
as lawful residents, a designation that could lead to citizenship 
through satisfaction of a length-of-residence requirement or through 
marriage to a citizen. However, the law denies these privileges to IDPs 
on the grounds that the Government of Serbia, the ``succeeding state'' 
following the breakup of Serbia-Montenegro, was responsible for them.
    A number of DPs and IDPs continued to live in substandard 
dwellings, struggle with rental payments in private accommodation, and 
fear eviction from illegally occupied facilities known as informal 
collective centers. Besides these centers, there remained two camps for 
displaced persons, populated mainly by Roma IDPs from Kosovo, in the 
suburbs of Podgorica. Restricted access to employment pushed many DPs 
and IDPs into gray-market activities. Romani, Ashkali, and Egyptian 
IDPs from Kosovo were particularly affected and continued to form the 
most marginalized and vulnerable segment of the displaced/refugee 
population. In 2010 legislation was enacted that restored to DPs and 
IDPs the right to work, of which they had been deprived by law in 2000.
    Amendments enacted in 2009 to the Law on Foreigners required all 
DPs and IDPs to register; successful registration would confer the 
status of ``permanent foreign resident'' and give them the right to 
seek work and access health care on an equal basis with Montenegrin 
nationals. The initial deadline for registration was November 7. The 
government worked with the UNHCR to implement a program of outreach to 
acquaint the target populations with the benefits. The UNHCR recognized 
the government's commitment but stated that additional measures, such 
as assistance with documentation, were needed to facilitate the 
registration process.
    The registration was only partly successful. In the first 11 months 
of the year, approximately 6,700 DPs and IDPs, fewer than 40 percent of 
the target population, applied for the status of foreign resident under 
the amended law. Slightly fewer than half of the applicants had been 
successful by year's end; some were still in the application process. 
After extensive lobbying from the UNHCR and EU, the government extended 
the deadline to December 31, 2012. There were a number of obstacles to 
registration. Despite government efforts to cooperate with neighboring 
countries to facilitate access to documents, it remained difficult to 
obtain the necessary documents from the country of origin because of 
the bureaucratic and financial constraints on travel to those 
countries. The documentation requirement was a particularly difficult 
hurdle for Roma, Ashkali, and Egyptians, both those born on the 
territory of present-day Montenegro and elsewhere. Many had no birth 
records, either because their births were never registered or because 
their records were destroyed during the conflicts in the region. Those 
DPs and IDPs who were unable to overcome the documentary or other 
hurdles to registration as foreign residents could apply for the status 
of ``temporary'' foreign resident, valid for up to three years, while 
they tried to obtain the necessary documentation for permanent foreign 
resident status.
    By law persons with the status of permanent foreign resident have 
access to the same rights as citizens except the right to vote. In 
practice they did not have such rights as ownership of real estate, and 
their access to employment and education was limited. Further, 
temporary foreign residents, who should have the same rights as 
permanent foreign residents, did not in practice, especially when it 
came to employment and health care.
    In July the government adopted a new multiyear strategy to deal 
with the problems of DPs and IDPs. It was developed in cooperation with 
UNHCR and EU, and adopted through their strong advocacy. A Coordination 
Board, chaired by the deputy prime minister, was established to lead 
and monitor its implementation. The government agreed to incorporate 
all the outstanding refugee issues raised by the EU and the UNHCR, 
which were outlined in the accompanying action plan. It was too early 
to evaluate the effectiveness of the new strategy.
    The government continued to encourage DPs to return to their places 
of origin, but repatriation slowed to a trickle. By contrast more than 
600 refugees from Bosnia and Croatia acquired Montenegrin citizenship 
between May 2008 and August 2011, in many cases through marriage to 
citizens.

    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. A path to citizenship was available only to a limited number 
of refugees holding DP status.

    Access to Basic Services.--Conditions for refugees varied. Those 
with relatives or property in the country were able to find housing, 
and in some cases, to rejoin family members. Exceptions were 
approximately 2,000 refugees holding DP status, who remained in barely 
habitable facilities that had been privatized. On July 4, the executive 
service of the Kotor Basic Court, with police assistance, evicted six 
IDP families from a holiday resort in Kamenovo owned by the company 
Recreatours. In April Recreatours paid damages to 13 IDP families. All 
tenants moved out without further claims.
    According to a joint survey conducted in May by the government, 
OSCE, and UNHCR, most of the vulnerable DPs lived in family 
settlements, while others lived in settlements with substandard housing 
designed as temporary accommodation.
    A total of 235 persons sought asylum in the country during the 
year, a very large increase over 2010. The government did not have 
adequate facilities to handle this influx, but a reception center 
designed to house approximately 65 asylum seekers was under 
construction.

    Stateless Persons.--Citizenship is derived from one's parents. 
According to the UNHCR, there were no legally stateless persons in the 
country, but there were individuals who were de facto stateless. The 
most common problem confronting stateless persons, especially Roma, 
Ashkali, and Egyptians born on the territory of Montenegro or in 
Kosovo, was a lack of personal documentation. The UNHCR reported that 
there were 2,712 refugees at risk of statelessness. As of year's end, 
the government had not developed a procedure for systematically 
identifying, documenting, and registering stateless persons or persons 
at risk of statelessness.
    According to the UNHCR, before 2010, when municipalities were 
responsible for registering births, they registered some Montenegro-
born children of parents with DP or IDP status, but when the Ministry 
of Interior took over this responsibility it deleted these children 
from the citizenship registry book, claiming that their registration 
had no legal basis. Families were not formally informed of the Ministry 
of Interior's actions. There were no reports that authorities were 
seeking to review the ministry's decisions.
    In the course of developing a new multiyear strategy toward the 
country's DPs and IDPs during the year, the authorities recognized that 
there might be some persons with no status. They announced that they 
would review any such cases to ensure all concerned individuals are 
granted the status of their parents, without additional requirements 
for documents. At year's end there were reports that authorities were 
reviewing such cases.
    During the year amendments to the law took effect that made 
citizens of the former Yugoslav republics eligible to apply for 
Montenegrin citizenship until January 31, 2012, provided they had 
identity cards and had resided in the country for at least two years 
prior to June 2006. They were not required to renounce their other 
citizenship.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.

    Elections and Political Participation.--Recent Elections.--
According to the OSCE election observation mission, the 2009 Assembly 
elections met almost all OSCE and Council of Europe commitments. 
Nonetheless the mission's statement noted frequent allegations of 
electoral fraud and a blurring of state and party structures that 
created a negative atmosphere among many voters. As in previous 
elections, most opposition parties raised concerns regarding campaign 
and party financing and the overlap of state and political party 
structures. Allegations of pressure on voters and the purchase of voter 
identification documents were again reported by some opposition 
parties, the media, and certain individuals.
    On September 8, legislation went into effect that brought electoral 
procedures into line with the 2007 constitution, one of the EU's seven 
key requirements for initiating negotiations for EU membership. The new 
law limits the suffrage to citizens, and would deprive permanent 
residents of this right beginning on January 31, 2012. However, 
amendments to legislation on citizenship, which entitled permanent 
residents to apply for citizenship, provided they did so by January 31, 
2012, also preserved their eligibility to vote until that date. The 
number of persons affected was unknown, but the opposition Socialists 
People's Party claimed that it could be approximately 40,000.

    Participation of Women and Minorities.--Women remained 
underrepresented in higher levels of government. The president of the 
Supreme Court and the chief state prosecutor were women. Nine women 
served in the 81-seat Assembly and one in the cabinet. There were no 
women in four out of nine standing Assembly committees. One of the 
country's 21 municipalities had a female mayor. One of 10 Assembly 
parties had a female leader. The election law that took effect on 
September did not establish any quotas for women in Assembly, but 
instead mandated that at least 30 percent of the candidates on each 
party list be women.
    There were 20 members of ethnic minorities in the Assembly and 
three in the 17-member cabinet. Almost all minority groups except Roma, 
Ashkali, and Egyptians were represented in the Assembly. In connection 
with the with the new election law, the Assembly abolished the five 
seats set aside for ethnic Albanians, effective with the next Assembly 
elections. The right of affirmative action, which sets forth the right 
of representation in the Assembly for ethnic minority groups that win 
fewer than 3 percent of the votes or constituted less than 15 percent 
of the population, was extended to all minority groups.
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 at 
times engaged in corrupt practices with impunity. The perception of the 
public sector as corrupt, particularly the executive and judicial 
branches, was widespread. On July 26, the Ministry of Finance published 
an assessment of public sector corruption, which concluded that the 
privatization process, public procurement, urban development, local 
administration, and the education and health care systems were the 
activities and sectors most vulnerable to corruption. Both the World 
Bank's worldwide governance indicators and Transparency International's 
2010 report reflected the seriousness of the problem.
    While many of the legal prerequisites for effective anticorruption 
policies were in place, implementation lagged. Efforts to investigate, 
prosecute, and convict officials, particularly those at high levels, 
for corruption remained ineffective. During the first six months of the 
year, the Office of the Chief State Prosecutor investigated nine 
individuals for corruption. It also issued indictments of six 
individuals. During the same period, the High Court tried 199 persons 
for corruption, reached verdicts in corruption trials involving 40 
persons, and convicted 19 persons on corruption charges.
    Internal controls carried out within institutions or by responsible 
agencies seldom resulted in efficient prosecution of the perpetrators. 
State employees often had several functions and were permitted to be 
presidents or members of managing boards of public companies or state 
institutions.
    On July 29, the Assembly adopted amendments to the Conflict of 
Interest Law depriving Assembly members of the right to serve as mayors 
or directors of public companies and administrative bodies.
    In October MANS reported that of the 266 measures adopted by the 
government 18 months earlier and described as necessary to combat 
corruption and organized crime, only 25 percent had been fully 
implemented, 45 percent had been partly implemented, and the government 
had taken no action on 30 percent. The report noted that the Assembly 
failed to harmonize many laws with international conventions on 
organized crime.
    Several high-ranking officials faced corruption charges during the 
year. On March 22, the Supreme State Prosecutor's Office indicted Budva 
Mayor Rajko Kuljaca, Deputy Mayor Dragan Markovic, and 10 associates on 
charges of abuse of power. Kuljaca was believed to have enabled the 
firm Zavala Invest to start construction of a hotel complex illegally 
on the protected Zavala peninsula. On August 8, the special public 
prosecutor for organized crime, Djurdjina Ivanovic, confirmed that her 
office was investigating the Bar Municipal Assembly and the mayor of 
Bar, Zarko Pavicevic, on criminal charges filed by MANS. According to 
media reports, the prosecutor was reviewing contracts between the City 
of Bar and the Bar Development Institute, a company owned by the mayor, 
as well as a number of other contracts between the city and private 
companies. The Office of the State Prosecutor was also collecting 
information about the former mayor of Ulcinj, Gzim Hajdinaga, related 
to alleged wrongdoing by the local parliament in the course of granting 
construction permits.
    On March 2, the opposition party Movement for Change (PzP) filed 
criminal corruption charges against Uros Cukic, the party's former 
municipal representative in the northern town of Andrijevica, and the 
ruling Democratic Party of Socialists (DPS). PzP leader Nebojsa 
Medojevic told the press that the charges involved incentives offered 
by the DPS to Cukic to switch his allegiance from the PzP to the DPS 
and tip the balance in the local assembly.
    Police corruption and inappropriate government influence on police 
behavior remained problems; the small, close-knit nature of Montenegrin 
society discouraged the reporting of corruption and made it easy for 
criminals, using family or social connections, to gain access to law 
enforcement officers.
    During the year the Ministry of Interior and Public 
Administration's Internal Affairs Unit took disciplinary measures to 
address corruption. Internal investigations, combined with the work of 
the Council for the Civilian Control of Police Operations, the 
ombudsman, and human rights activists, reduced, but did not eliminate, 
impunity. NGOs noted that police officers found responsible for 
violating rules of service, as well as senior officers implicated in 
cases of torture, remained on duty. The OSCE and resident diplomatic 
missions continued to provide training for police, security, and border 
and customs officers on combating terrorism, corruption, and financial 
crimes.
    Government officials were subject to financial disclosure 
legislation, and most complied in a timely fashion. During the year the 
Commission for the Prevention of Conflicts of Interest initiated 
proceedings against 473 officials and forwarded 248 of these to the 
misdemeanor courts. In the same period, the commission issued a total 
of 576 decisions concerning alleged violations of the law and called 
for the dismissal of 43 state officials for failing to comply with 
disclosure requirements. While the law provides for maximum fines of 
825 to 1,100 euros ($1,072 to $1,430), the highest fine imposed by a 
court was 400 euros ($520). The courts rejected most of the cases. 
During the first half of the year, the commission lacked the authority 
to verify disclosures by public officials. It also had weak enforcement 
powers.
    In July amendments to the law on conflict of interest were enacted 
to strengthen the authority of the commission. It acquired the power to 
investigate the truthfulness of officials' disclosures about their 
property and income. The commission's chairman, Slobodan Lekovic, 
complained that its yearly budget of 240,000 euros ($312,000) was 
insufficient to meet the new responsibilities of the commission.
    Excessive discretion granted to officials in the disposition of 
public property likely encouraged corruption. For example, on February 
18, media reported that the City of Podgorica gave city-owned 
apartments to several judges based on their ``significant contributions 
to the city.'' According to data published online, since 2003, 216 
apartments were given to municipal employees, persons in need, and 
persons Podgorica authorities deemed worthy.
    The law provides some protection for whistleblowers, but it was 
inadequate in practice. For example, three former police officers--
Enver Dacic, Mithad Nurkovic, and Suad Muratbasic--claimed they had to 
leave the country because of threats they received when they spoke 
publicly about police complicity in transborder smuggling. Military 
authorities initiated two disciplinary procedures (on April 19 and May 
26) against Nenad Cobeljic, president of the military trade union, for 
disclosing to the media information about corruption and abuses in the 
military. On December 29, the Ministry of Defense suspended Cobeljic 
``because of violations at work'' but claimed that this action had 
nothing to do with trade union activities.
    While open bidding was the most commonly used procedure for public 
procurement, many auditing reports identified inconsistent or irregular 
application of legal provisions or circumvention of the law in 
practice. On July 29, the Assembly adopted the Law on Public 
Procurement. Some observers, including the NGO Alternativa, complained 
that the new law failed to include important measures to strengthen 
transparency.
    The constitution and law provide for public access to government 
information, but implementation was weak and inconsistent, in 
particular regarding some parts of privatization agreements. Some 
ministries were supportive of information requests, while others at 
times publicly criticized them. According to MANS, the ministries of 
sustainable development and tourism, defense, and economy had the least 
capacity to implement the law. The level of access did not differ for 
noncitizens or the foreign or domestic press.
    NGOs reported that their requests for government-held information 
frequently went unanswered. In the case of MANS, which was well known 
for contesting government inaction, authorities provided timely 
responses to approximately 38 percent of its requests. In May the 
Administrative Court overruled the denial by the chief state prosecutor 
and the Ministry of Justice of Human Rights Action's request for 
information about measures the prosecutor took in connection with 14 
cases involving allegations of official malfeasance. According to MANS, 
agencies usually refused to give information that could reveal 
corruption or illegal activity, particularly involving the 
privatization process. MANS reported that citizens preferred to submit 
requests through NGOs rather directly to government offices.
    Authorities usually provided reasons for their denials (such as 
threats to state interests or to the business interests of the 
contracting parties), and these could be appealed to the higher-level 
state bodies or courts. The courts usually supported such appeals: the 
Administrative Court ruled favorably on 77 percent of the 4,879 
complaints filed by MANS from 2005 to 2010. However, court orders to 
the ministries to comply with specific requests were often ambiguous 
and, consequently, sometimes ignored. During the first six months of 
the year, MANS sent 129 complaints to the ombudsman regarding cases in 
which it alleged the courts' decisions were not enforced.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to the views of international 
groups, but some of the many domestic NGOs regarded cooperation as only 
nominal.
    Almost 4,500 domestic registered NGOs operated in the country, 
including those specializing in human and minority rights and women's 
rights. According to NGOs, authorities provided minimal assistance. On 
January 25, a Council for Cooperation between the government and NGOs 
was established, and on July 22, the Assembly adopted the Law on NGOs. 
The new law, which was scheduled to enter into force on January 1, 
2012, established criteria for establishing an NGO, provided details of 
bookkeeping, centralized the distribution of budgetary resources from 
public funds appropriated for NGOs, specified criteria for funding 
NGOs, and stipulated the auditing of donated funds.
    During the year human rights activist Aleksandar Zekovic told the 
media that the Office of the Basic Prosecutor had acknowledged that 
during its four-year investigation of his allegations that police 
threatened him, they had not listened to an audio recording of the 
threats, which he had sent them when he initially reported the 
incident. Zekovic contended that the audio recording would enable 
authorities, as it had enabled him, to identify the person who made the 
threats. The statute of limitations led to the termination of the 
investigation during the year.

    Government Human Rights Bodies.--There is an ombudsman for human 
rights, who operated without government or party interference, but 
received inadequate resources. The public awareness of the ombudsman's 
role increased. The ombudsman was active and established good 
cooperation with NGOs. Upon finding a violation of human rights or 
freedoms by a state agency or institution, the ombudsman can take 
disciplinary measures, including dismissal, against the violator. 
Failure to comply with the ombudsman's request for corrective action 
within a defined period of time is punishable by fines of 500 to 2,000 
euros ($650 to $2,600).
    The ombudsman may investigate alleged human rights violations by 
government authorities and take measures to remedy them; inspect, 
without prior notification, all spaces in prisons and other premises 
where detained persons are held; propose new laws; request from the 
Constitutional Court an assessment of whether a law violates the 
constitution or international treaty obligations; provide an evaluation 
of human rights issues, upon request of a competent body; address 
general issues that are important for the protection and promotion of 
human rights and freedoms; and cooperate with other organizations and 
institutions dealing with human rights and freedoms. The ombudsman may 
act upon complaints about ongoing judicial proceedings only when the 
complaints involve delays, obvious procedural violations, or 
authorities' failure to carry out court decisions.
    A law adopted on July 9 permits the ombudsman to represent citizens 
who complain of discrimination, but not those who allege torture or 
cruelty. Critics asserted that it failed to define with sufficient 
precision the ombudsman's responsibilities for protecting personal data 
and personal documents. The majority of complaints submitted to the 
ombudsman concerned lengthy procedures before competent state and local 
authorities and inconsistent or unfounded decisions by local government 
institutions. The government and the courts generally implemented the 
ombudsman's recommendations, although with delay.
    Although the Assembly's Standing Committee for Human Rights and 
Freedoms increased its activities and met several times during the 
year, its contribution was perceived by many observers as 
insignificant.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and laws prohibit discrimination based on race, 
sexual orientation, gender, disability, language, or social status. The 
government did not effectively enforce these prohibitions. Although the 
Assembly in July 2010 adopted a comprehensive law prohibiting 
discrimination based on these and other grounds, the Office of the 
Ombudsman, which is responsible for the law's implementation, lacked 
the human, technical, and financial resources for its enforcement.
    Government efforts to combat discrimination were modest. At the end 
of May, the Ministry for Human and Minority Rights launched a 75,000 
euro ($97,500) campaign to prevent discrimination based on gender, 
sexual orientation, and disability. A group of NGOs called 
unsuccessfully for an end to the campaign, claiming that it was 
superficial, stilted, not focused on actual challenges, and not 
delivering positive results. In November the government made a final 
decision to establish an Antidiscrimination Council chaired by the 
prime minister.

    Women.--Rape and Domestic Violence.--The penalty for most forms of 
rape, including spousal rape, is one to 10 years in prison. In cases 
where the victim is younger than 14, suffered serious bodily injury, or 
was the victim of several perpetrators, punishment could be more 
severe. In practice sentences were generally much more lenient.
    Deeply ingrained societal attitudes hampered the prosecution of 
rape cases. Victims were reluctant to report crimes due to the cultural 
stigma that attaches to victims and their families. Judges frequently 
allowed aspersions to be cast upon a victim's character in court 
proceedings. Three cases of rape and four cases of attempted rape were 
reported to police during the year. There were no arrests or 
convictions for spousal rape during the year.
    Violence against women, including domestic violence, was a 
persistent and common problem. NGOs working with abused women plausibly 
claimed that a significant number of incidents were unreported due to 
fear of reprisals from attackers or lack of measures to prevent 
reoccurrence. Official agencies, including police and to some extent 
the judiciary, appeared to be more responsive to complaints about 
domestic violence, but observers considered their efforts inadequate.
    Domestic violence is punishable by fine or imprisonment, depending 
on the seriousness of the offense. In 2010, according to judicial 
authorities, courts convicted 206 persons of domestic violence, of whom 
54 received prison sentences, 131 were given suspended sentences, 20 
were fined, and one was sentenced to mandatory supervision. During the 
first six months of the year, police received accusations of family 
violence involving 151 victims, 142 of them women; police filed 
criminal charges against 131 individuals, 127 of them men.
    Lengthy trials, economic dependence, and lack of alternative places 
to live often led victims and perpetrators to continue to live 
together, resulting at times in additional assaults and greater 
hesitation of victims to report them. NGOs were concerned by the 
statements of some local politicians that family violence was a private 
problem in which competent institutions should not interfere. Local 
NGOs working to combat domestic violence relied to a large extent on 
international donor assistance. State efforts to protect victims of 
domestic violence were inadequate. According to NGOs and the ombudsman, 
female victims of domestic violence often complained that government-
run social welfare centers did not respond adequately to their appeals 
for help. The ombudsman requested that the work of the social welfare 
centers be improved. Children who were victims of domestic violence 
were sometimes accommodated in the children's correctional facility in 
Ljubovic or the orphanage in Bijela.
    Authorities generally acknowledged the importance of combating 
family violence and enacted legislation and introduced administrative 
measures to this end, but they did not allocate adequate resources and 
effort necessary to achieve their goals. NGOs operated two shelters for 
victims of domestic violence in the central part of the country but did 
not address the needs of victims in the north and other rural areas. 
Women's advocacy groups worked to combat domestic violence through 
awareness campaigns and sought to improve women's access to legal 
services and workshops.

    Sexual Harassment.--Sexual harassment is illegal but remained a 
problem, and society generally tolerated it. Victims were hesitant to 
report harassment, although police were usually effective in 
intervening when asked to do so. Although 7.5 percent of employed 
persons who participated in surveys conducted by the Social Council in 
March 2010 stated that they had been victims of workplace harassment, 
no instances of such harassment were reported during the year to Labor 
Inspection Unit of the Ministry of Labor and Social Welfare.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children and to have the information and 
means to do so free from discrimination, coercion, and violence. Health 
clinics and local health NGOs operated freely in disseminating 
information on family planning under the guidance of the Ministry of 
Health. There was free access to contraceptives and to skilled 
attendance during childbirth, including essential obstetric and 
postpartum care. The government provided free childbirth services.
    Women and men received equal treatment in the diagnosis of, and 
care for, sexually transmitted infections.

    Discrimination.--The constitution provides for gender equality. 
Women have the same legal rights as men in property law, family law, 
and the judicial system. In practice women did not enjoy equal legal, 
economic, or social status with men. Traditionally, women rarely 
inherit property. The NGO SOS pointed out that it was difficult for 
women to defend their property rights in divorce suits. According to a 
survey conducted by the NGO, 58 percent of divorced women initiated 
proceedings for the division of marital property, but only 3 percent of 
them received property after proceedings, which lasted six years on 
average. One emerging trend involved husbands in divorce proceedings 
titling their property in the name of other family members or friends 
rather than their wives. Traditional patriarchal ideas of gender, 
according to which women should be subservient to male members of their 
families, resulted in continued discrimination against women in the 
home. For example, 84 percent of illiterate persons were women. In 
rural areas women could not always exercise their right to control 
property, and husbands occasionally directed their wives' voting.
    Widespread, albeit mostly tacit, discriminatory cultural norms 
prevented women from equal participation in all areas of social 
development and generally discouraged them from seeking work outside 
the home. When they did so, they faced discriminatory treatment in the 
labor market, particularly in the trade and service sectors. Employers 
frequently violated women's legal entitlement to a 40-hour workweek, 
overtime, paid leave, and maternity leave. Expectations regarding 
women's obligations toward the family adversely affected their 
opportunities for advancement. Harassment at work was often unreported 
due to the victim's fear of being fired and a lack of information on 
legal remedies. No all-inclusive statistics were available regarding 
women in managerial positions, but few women held senior management 
positions in government or commerce. Men far outnumbered women in 
senior positions, even though more women had college degrees. Some job 
announcements openly specified such discriminatory employment criteria 
for women as age and physical appearance. In the police department, 
women accounted for only 13.4 percent of the staff and in the army, 8.6 
percent. But an increasing number of women served as judges, and there 
were many women in such professional fields as law, science, and 
medicine.
    Educational opportunities for women from the Romani, Ashkali, and 
Egyptian communities were limited due to traditional values and 
societal prejudice. Due to poor education and harsh living conditions, 
Romani women seldom visited gynecologists or obstetricians, with 
negative consequences for their health and for infant mortality rates.
    Although the law incorporates the general principle of 
nondiscrimination against women, it does not explicitly address the 
principle of equal pay for equal work. In practice, women's wages were 
lower than those of men for comparable work. A distinction between 
``male'' and ``female'' professions was entrenched. In 2010, according 
to a February report by the NGO European Movement in Montenegro, women 
earned an average of 14 percent less than men.
    A standing Assembly committee for gender equality, which has 11 
members, held nine meetings during the first nine months of the year 
and proposed various measures for advancing policies and strategies 
aimed at enhancing gender equality.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents, by birth in the country's territory, through naturalization, 
or as otherwise specified by international treaties governing the 
acquisition of citizenship. Roma, Ashkali, and Egyptians registered the 
births of their children at lower rates than other groups, mostly due 
to the lack of awareness of the importance of civil registration and a 
lack of documentation of the parents' identities. Consequently some 
children in these communities continued to lack birth or registration 
documentation. Their children were not well integrated into the broader 
community and discrimination against them remained widespread.

    Education.--By law primary education is free and compulsory. 
Nonetheless human rights observers reported that the government did not 
undertake adequate efforts to monitor the education of Romani children. 
In May 2010, according to government data, only 47 percent of the 2,587 
children in these communities between the ages of six and 15 were 
attending primary school. A much smaller proportion continued to 
secondary and higher education. Impediments often included a lack of 
knowledge of the language of instruction, poverty, and tradition. Many 
parents did not want their children, particularly girls, to go to 
school, preferring that they stay at home and marry at an early age. 
There were no textbooks in the Romani language.
    Tuition for primary education was free, but except for those whose 
families who benefited from social welfare programs, students' families 
had to provide books and school supplies. The government provided books 
for children without parents, those with disabilities, special social 
cases, and children in the Romani, Ashkali, and Egyptian communities. 
The ombudsman noted, however, that the government failed to provide 
sufficient books in a timely fashion to such pupils in higher grades. 
NGO programs and grants helped provide books and other school resources 
for Romani, Ashkali, and Egyptian children.

    Child Abuse.--There were few reported cases of child abuse. The 
government took little action to investigate the issue, and the legal 
requirement that a parent or guardian be present in order for a 
juvenile to make an allegation of a crime was a particular disincentive 
to reporting family-related abuse. The country lacked proper facilities 
for children who suffered from family violence. The ombudsman has noted 
that social welfare centers failed to provide adequate child protection 
in a number of cases. During the first nine months of 2010, social 
welfare centers received complaints about the mistreatment of 72 
children belonging to 27 families. A shelter for victims of family 
violence run by the NGO Safe Woman's House during 2010 accommodated 17 
children. In December the Assembly adopted a juvenile justice law which 
gathered all the provisions on juvenile justice into one law and 
separated legislation on juveniles from the law for adults. This was 
intended to improve the treatment of juvenile offenders and provide 
adequate treatment to underage victims of crime.
    Media coverage of crime stories continued to violate the privacy 
rights of children by publishing details about them, including personal 
information.
    Many Romani, Ashkali, and Egyptian children began to work both at 
home and in the streets at an early age, typically around age seven, to 
contribute to the family income. Often, the parents and relatives of 
Romani children forced them to beg at busy intersections, on street 
corners, from door to door, and in restaurants and cafes. Many children 
were from nearby countries. According to the ombudsman's report on 
child begging in 2010, authorities registered 332 persons aged 10 to 
16, begging in the streets, most of whom were non-Montenegrin 
nationals. But competent authorities failed to report adequately the 
incidence of child begging, especially in the cities of Berane and 
Andrijevica, whose officials reported no instances of child begging in 
the year.
    The deputy ombudsman investigated alleged violations of children's 
rights. The office of the ombudsman received 59 complaints in 2010 and 
made 11 recommendations to the appropriate authorities, mainly 
involving socially vulnerable children who had disabilities or were 
poor, orphaned, or living in institutions. A survey by the NGO Center 
for Children's Rights in cooperation with 19 other NGOs noted an 
increase of juvenile delinquency, drug use, and begging, and violence 
against minors. Romani children remained a particularly vulnerable 
group, and many problems involving refugee children were still not 
resolved. Mid-2009 estimates of the number of children with 
disabilities ranged between 6,000 and 7,000.

    Child Marriage.--The minimum age for legal marriage is generally 
18, but an individual may legally marry at the age of 16 if a court 
consents. Child marriage was a problem, particularly in Romani 
communities, where boys and girls generally married at approximately 
age 14. These marriages are considered illegal and not officially 
recognized.

    Sexual Exploitation of Children.--The age of consent is 18. There 
is a statutory rape law. The penalties for rape are higher if the 
victim is a minor. Child pornography is illegal, and punishment ranged 
from six months' imprisonment for displaying child pornography to five 
years for using a child in the production of pornography.

    Institutionalized Children.--A March report by the ombudsman, 
regarding the status of persons with disabilities in the orphanage in 
Bijela, described conditions for children with mental disabilities as 
inadequate. Problems included overcrowding, and a shortage of 
professional staff. Accessibility for persons with physical 
disabilities was also inadequate. In a report on its 2008 visit to the 
country released in March 2010, the CPT criticized the treatment of 15 
children in the Komanski Most Institution for Persons with Special 
Needs, where children with mental disabilities were held together with 
adults in unsanitary conditions and without sufficient supervision to 
prevent their mistreatment. Since the visit, authorities have taken a 
number of steps to respond to these criticisms (see Persons with 
Disabilities).

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The country's Jewish population was small--
approximately 18 households--and widely distributed across the country. 
On July 31, the Jewish Community, an NGO, was established in Herceg 
Novi with the aim of preserving the traditions and customs of Jewish 
people. Most of the country's Jewish inhabitants were descendants of 
persons who fled to the country from Bosnia and Serbia after the 
beginning of World War II. There were no reports of anti-Semitic acts.

    Trafficking in Persons.--See the State Department's Trafficking in 
Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, pensions, allowances, family care and support, buildings, 
information and communication. The constitution also provides persons 
with mental disabilities with the right to be placed in adequate 
residential institutions and the right to foster care and support or 
other state services. However, societal discrimination against persons 
with disabilities effectively limited their access to these benefits, 
and authorities did not actively prosecute infractions. While 
authorities generally enforced the requirement that new public 
buildings include access for persons with disabilities, a continuing 
lack of access to older public buildings, hospitals, and public 
transportation was a problem.
    Although there were some improvements in government efforts to 
address the rights of persons with disabilities, they remained one of 
the most vulnerable population groups, often abandoned and 
marginalized. According to the 2011 census, 11 percent of the 
population had difficulty performing everyday activities due to 
illness, disability, or age. The ministries of health, labor and social 
welfare, education and sports, science, culture, and human and minority 
rights have responsibilities for protecting the rights of persons with 
disabilities.
    On May 19, the government adopted a law on discrimination against 
persons with disabilities that complemented the legal framework by 
specifying the forms of discriminatory actions that were illegal. 
Authorities improved facilities available to persons with disabilities 
confined in the Komanski Most Institution for Children with 
Disabilities. Nevertheless the government announced during the year 
that a legal deadline requiring all public facilities to be accessible 
by 2013 would likely be extended.
    Discriminatory treatment persisted. Regulations providing 
protection, encouraging employment, and securing housing for persons 
with disabilities were not consistently implemented. Although persons 
with disabilities are entitled to health care within the general health 
care system, often it was not delivered in a satisfactory manner. For 
example, a student in the ``June 1'' center for children and youth 
complained to the ombudsman that the dentist in the Podgorica clinical 
center refused to provide her with medical help because the dentist was 
frightened by her handicap. Disability allowances were inadequate. 
Education for children with mental and physical disabilities remained 
inadequate. Many parents turned to the ombudsman because their children 
had problems in schools; the ombudsman recommended that assistants be 
introduced as a mandatory requirement for the education of children 
with special needs. The government continued to implement its plan to 
construct daycare centers for children with disabilities in all 21 
municipalities; six centers were in operation by year's end.
    Unemployment remained a serious problem for persons with 
disabilities. Authorities provide incentives to employers who hire 
persons with disabilities and penalties for those who do not meet a 
quota system for employing them. Employers who do not abide by the law 
must contribute to a fund for helping persons with disabilities, but 
they often chose this option in the belief that employees with 
disabilities would be unable to meet the requirements of the job. NGOs 
claimed that the fund dispensed little money with few visible results 
and objected to its practice of returning unused funds to the state 
budget at the end of the budgetary year. The nontransparent use of 
these funds garnered significant public concern.
    NGOs contended that the government was significantly behind in 
implementing its plan to integrate persons with disabilities.
    According to the Association of Young Persons with Disabilities, 10 
persons with disabilities were studying at local universities during 
the year, compared with three in 2001.
    Despite laws entitling persons with mental disabilities to 
accommodation and education in institutions appropriate to their needs, 
mental health care remained inadequate. Institutionalized persons often 
become wards of the state and live in isolation in outdated and 
underfunded treatment facilities. Institutionalization perpetuated 
stigmatization of the mentally ill. A December 1 NGO report on 
psychiatric and mental hospitals in Kotor, Podgorica, and Niksic cited 
many of these deficiencies. At the same time it noted that the authors 
had observed no instances of the mistreatment of patients.
    Partly in response to the CPT's March 2010 report, which detailed 
the ``appalling'' mistreatment of residents of the Komanski Most 
Institution for Persons with Special Needs, authorities initiated or 
continued a number of improvements in that institution during the year. 
Physical conditions remained substandard in some respects and staff 
shortages persisted, but there were improvements in the women's section 
and cafeteria. A central heating system and video surveillance were 
installed. Children were separated from adults and men from women. 
Educational opportunities outside the institution were made available, 
and more flexible daily activity plans were developed. Use of the 
isolation room was discontinued and use of leather restraints was 
strictly limited and recorded in a log.
    In June authorities reached an agreement with six NGOs that permits 
them to make unannounced visits to Komanski Most and the Ljubovic 
Center for Children and Youth, a correctional facility for juvenile 
offenders. On November 15, the NGOs presented a report on Komanski Most 
that noted a significant improvement in the residents' living 
conditions, primarily due to a change in managing directors (in 2010), 
as well as additional investment in refurbishment. However, the report 
found that recent increases in personnel were insufficient to resolve a 
considerable shortage in staff and health services needed further 
improvement.

    National/Racial/Ethnic Minorities.--The constitution and law on 
minority rights provide both individual and collective rights for 
minorities, and these provisions were generally observed for most 
groups, but Roma, Ashkali, and Egyptians were disadvantaged in access 
to social services and continued to experience societal discrimination.
    According to government statistics, in 2009 more than 50 percent of 
school-age children from the Roma, Ashkali and Egyptian communities 
were not integrated into the obligatory primary education system. Those 
school systems that are integrated often maintain institutional and 
geographic segregation. For example, the Bozidar Vukovic primary school 
continued to maintain a remote facility in the Konik refugee camp in 
Podgorica that was attended only by Romani, Ashkali, and Egyptian 
students. During the year Romani NGO leaders renewed their request that 
authorities eliminate this type of de facto school segregation. During 
an assessment of the country in February, the European Commission 
against Racism and Intolerance warned that the continued separation of 
Romani children from children of other ethnic groups would seriously 
impede the integration of Roma into society.
    According to the Fund for Providing Roma Scholarships, an NGO, the 
primary-school dropout rate for students belonging to these minorities 
was approximately 50 percent in the 2010-11 academic year. There was 
some progress enrolling students from these communities in secondary 
school. The number rose from 37 students in 2009 10 to 65 in 2011-12. 
Only eight individuals attended university in 2010-11.
    According to 2011 census, Roma, Ashkali, and Egyptians constituted 
approximately 1 percent of the population. According to 2009 U.N. data, 
approximately 40 percent of them lacked birth or citizenship 
certificates. Many, including IDPs from Kosovo, lived illegally in 
squatter settlements, often widely scattered, and lacked such basic 
services as public utilities, medical care, and sewage disposal. The 
2008 Law on Citizenship and its accompanying regulations made obtaining 
citizenship very difficult for persons without personal identity 
documents (see section 2 d.). According to the UNDP, approximately 70 
percent of Roma were illiterate, 50 percent were unemployed, and 36 
percent lived below the poverty level.
    Societal prejudice against Roma, Ashkali, and Egyptians was 
widespread, and local authorities often ignored or tacitly condoned it. 
Members of these minorities lacked political representation and 
generally stayed out of politics. They occasionally lacked access to 
advanced medical professionals, such as surgeons and other specialists, 
that was available to other residents. According to a study carried out 
by three NGOs, the Monitoring Center, Juventas, and Cazas, the greatest 
barriers facing Roma, Ashkali, and Egyptians in the labor sector were 
inability to speak the national language, lack of education, and 
employer discrimination. In August the government introduced tax 
incentives aimed at encouraging private entrepreneurs to hire Roma, 
Ashkali, and Egyptians.
    The government has a formal strategy and action plan for improving 
the situation of Roma in 2008-12 but took no significant measures to 
advance it during the year. Authorities appropriated 325,000 euros 
($423,000) during the year to implement the action plan, a much smaller 
amount than envisaged by the strategy. A group of human rights NGOs 
accused the government of failing to establish the proper mechanisms to 
monitor funding for projects aimed at the country's Roma, Ashkali, and 
Egyptian communities.
    The Albanian National Council requested new textbooks for Albanian 
students and more involvement of Albanian authors in writing them.
    The leaders of ethnic minority communities continued to allege that 
the government did not comply with the constitutional requirement of 
affirmative action for minorities. They asserted that these rights 
included ethnic representation in the National Assembly and in local 
self-government assemblies in areas where a minority group forms a 
significant share of the populations. They also complained that 
minorities were underrepresented in the government administration, the 
judiciary, and state-owned economic enterprises. A study conducted in 
June by the Ministry of Human and Minority Rights showed a large 
imbalance in the ethnic distribution of public sector jobs. Ethnic 
Montenegrins, who constituted less than half of the population, held 79 
percent of public administration positions. At year's end, there were 
two Roma in the central administration and none in local government 
bodies. Nevertheless, amendments to the election law enacted on 
September 8 to enhance affirmative action gave minorities additional 
representation in the National Assembly. It applies to minorities that 
win less than 3 percent of votes and those that constitute 15 percent 
or less of the population. This law has received mixed reactions from 
minority communities; ethnic Albanians were displeased that their set-
aside Assembly seats were eliminated, while others welcomed the 
opportunity to have representation in the government.
    A government Fund for Minorities financed national councils 
intended to represent the interests of minority groups. There were 
national councils for Serbs, Bosniaks, Albanians, Muslims, Croats, and 
Roma. The fund continued to be the focus of public attention for 
alleged misappropriation of funds. Authorities provided 800,000 euros 
($1.04 million) to the councils during the year to implement specific 
projects. In March the State Auditing Office reviewed the work of the 
fund and concluded that its internal auditing system was imprecise and 
inefficient. Auditors also reported that the fund failed to monitor the 
implementation of approved projects and did not evaluate their results. 
The authorities decided to allocate 2011 funds to the councils on 
October 31, one day before a ban took effect prohibiting participation 
by members of the Assembly in institutions like the fund (see section 
4). On November 10, the NGOs Montenegrin Legal Committee for Human 
Rights Protection and Civic Alliance sued the members of the fund for 
embezzlement, claiming that they acted to advance their own personal 
interests.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Lesbian, gay, bisexual, and 
transgender (LGBT) persons continued to experience discrimination, 
ostracism, and social exclusion. The authorities introduced a number of 
antidiscrimination regulations and showed a better understanding for 
their rights, but societal antipathy led most LGBT persons to conceal 
their orientation.
    During the year a number of NGOs continued to demand the dismissal 
of the minority and human rights minister, Ferhat Dinosa, because of 
his ``incompetent, intolerant, and homophobic statements.'' On March 
28, the minister rejected an invitation by LGBT activists to be 
involved in organizing a gay pride parade and indicated that he opposed 
the holding of such an event. In a June 14 radio interview, he stated 
that the government was ``ready to protect, but not to promote'' the 
country's LGBT population. Dinosa resigned on November 26 to become 
ambassador to Albania.
    LGBT Forum Progress is the only NGO focused solely on LGBT rights. 
Another NGO, Juventas, made these rights one of its focus issues. In 
April, with the support of the UNDP and the Global Network for Funding 
of LGBT Rights, Juventas opened a counseling center in Podgorica for 
the LGBT community.
    On May 17, organizers of an inaugural pride parade, scheduled for 
May 31, announced that it would be postponed due to a perceived lack of 
support from state authorities. They asserted that the government was 
reluctant to appoint a representative to the event's organization board 
and to designate an official to march in the parade. The government 
asked the organizers to reconsider the postponement, asserting that its 
support for the parade was more significant than its actual 
participation in it.
    A group of NGOs refused to participate in a government-sponsored 
international conference on LGBT rights on September 2-5 on the grounds 
that the government had failed to adopt an anti-homophobia action plan 
or dismiss Ferhat Dinosa from his ministerial position for alleged 
homophobic remarks.
    There were several reports of LGBT-related hate crimes and 
discrimination. On May 17, a concert organized in support of LGBT 
rights was halted when an unidentified person threw tear gas, which 
caused the crowd to disperse. Afterwards a group of hooligans assaulted 
two individuals they believed to be gay in the center of Podgorica. On 
August 9, several foreign tourists reported that they were expelled 
from the beach at Ratac, near Bar, because of their sexual orientation. 
Observers asserted that many incidents were not reported because 
victims were reluctant to come forward in light of the lack of 
understanding by police and other officials. LGBT Forum Progress filed 
three discrimination complaints during the course of the year. Juventas 
filed a lawsuit against unknown persons for writing threatening 
graffiti against the LGBT population on various places in Podgorica in 
June, July, and August. While the lawsuit lacked names of the 
perpetrators, the NGO wanted to raise public awareness of these issues.
    On November 24, the NGO Center for Civic Education sponsored the 
first television spot promoting LGBT rights. It included the first 
publically displayed kiss between two men and triggered sharp 
reactions, including death threats against one of the actors.
    LGBT Forum Progress opened the first LGBT shelter in December with 
assistance by the Dutch government. To date, it has housed four 
individuals. The NGO Juventas opened the first online service for 
reporting homophobic violence.

    Other Societal Violence or Discrimination.--There were no reports 
of violence against persons with AIDS. The NGO Juventas stated that 
persons with HIV/AIDS were stigmatized and experienced discrimination. 
Observers believed that fear of discrimination prevented many persons 
from seeking HIV testing. The NGO Cazas runs the only center for 
psychological support to assist persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The labor law permits workers the freedom to organize a trade union and 
to conduct trade union activities without prior consent. The Law on 
Trade Union Representatives allows unions to engage in collective 
bargaining and other activities without government interference. The 
law provides workers the right to strike, except for the military, 
police personnel, and public servants if they would jeopardize general 
public interest, national security, safety of people and property, or 
functioning of the authorities. The law prohibits employer 
discrimination against union members or those seeking to organize a 
union, and employers may be fined or sentenced to one year of prison 
for violating the law. Workers dismissed for union activity have the 
right to reinstatement. The law provides for the right to bargain 
collectively.
    Under the law collective bargaining agreements cover only the 
registered workforce. In November 2010 representatives of the 
government's Social Council, the Union of Employers, and the 
Confederation of Trade Unions of Montenegro signed amendments to the 
general collective agreement to align the agreement with the labor law, 
introducing a minimum wage and other rules regulating collective 
bargaining. The new collective agreement entered into force on January 
1. The Union of Free Trade Unions of Montenegro described the 
amendments as detrimental to workers, but the Constitutional Court 
declined its request to review the issue. A December 21 agreement that 
included both the Confederation of Trade Unions and the Union of Free 
Trade Unions extended the validity of the General Collective Agreement 
through June 2012.
    The law provides for out-of-court settlements of individual and 
collective labor disputes. Between September 2010 and December 2011, 
the agency created to arbitrate such disputes reviewed 356 cases 
involving 6,000 parties. It decided 296 cases, but in many instances 
employers failed to abide by the agency's decisions.
    None of the protections available to legally registered workers 
applied to unregistered workers, many of whom came from abroad and did 
not have employment contracts. According to the national employment 
agency, between 15,000 and 50,000 unregistered workers (30,000 domestic 
and 20,000 foreign) were employed during the summer season primarily in 
construction, trade, tourism, agriculture and catering.
    In practice workers frequently exercised the right to strike. 
Collective bargaining remained at a rudimentary level and was hampered 
by the fact that only the unions with the largest membership in a given 
plant could be parties to collective agreements. There were reports 
from both private and public sector employees that employers threatened 
or otherwise intimidated workers engaged in union organizing or other 
legal union activities. In some cases employees' salaries were cut and 
some were dismissed. In the case of dismissals, years could pass before 
workers regained employment due to extensive court delays. The 
government's efforts to enforce labor law were inconsistent.
    In February a trade union protested a decision by the management of 
Tei Mon Company to fire five workers for their participation in a 
strike and to hire two workers to replace them. In June the trade union 
from the Podgorica Aluminum Plant (KAP) complained to the Ministry of 
Labor and Social Welfare and to the Labor Inspectorate that KAP's 
management had illegally docked the salaries of employees who were 
union members. In September a contract soldier was fired from the 
military forces, allegedly due to his membership in a union.
    Many workers in privatized or bankrupt companies had outstanding 
claims for back payment of salaries and severance pay. Several local 
governments failed to pay their staff for months on end. Unpaid wages 
and factory closures led to large-scale strikes. The law provides some 
recourse, and parties have reached settlements in the past involving 
some compensation, but these were exceptions. The law requires 
employers to make substantial contributions to pension, social, and 
health-care funds. To avoid these payments, employers often did not 
officially register their employees.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, but there were reports that 
individuals were trafficked to, from, and within the country for labor, 
particularly sex trafficking and work in construction. Forced begging 
by Romani children remained far the most prevalent form of compulsory 
labor.
    Also see the State Department's Trafficking in Persons Report at 
www.state.gov/j/tip.

    c. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, and the government generally enforced these laws and 
regulations effectively in the formal economy. While the official 
minimum age for employment is 15, it was common in farming communities 
to find younger children assisting their families. Children under 18 
may not work in jobs that involve particularly difficult physical work, 
overtime and night work, or underground or underwater work or in jobs 
that ``may have a harmful effect or involve increased risk for their 
health and lives.'' The law specifies monetary penalties for violation 
of these provisions, with fines ranging from 10 to 300 times the 
minimum wage.
    Romani children worked in a variety of unofficial retail jobs, 
typically washing car windows, collecting items such as scrap metal, or 
selling old newspapers. Many Romani children engaged in begging. Police 
asserted that the practice constituted isolated family begging rather 
than organized begging. In Podgorica and the coastal areas, police 
continued an initiative aimed at suppressing begging. They arrested and 
charged several adults with organizing and forcing their relatives, 
mostly young Romani children, to beg. Police pressed charges against 
the perpetrators while the children were sent to their families. 
Observers believed that authorities had insufficient information on the 
scope and nature of the begging and lacked serious support systems for 
this operation.
    Inspectors from the State Labor Inspector's Office were responsible 
for enforcing the child labor laws within the formal economy. Apart 
from begging, which is not considered ``work'' under the law, 
inspectors reported no violations of child labor laws during the year. 
The ministry has 37 inspectors in eight branch offices covering all 
labor issues. No resources were devoted exclusively to investigating 
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.--According to the National 
Statistics Office, in May the average monthly wage, without taxes and 
contributions, was 479 euros ($ 623), a decrease of 1.6 percent from 
2010. The national minimum wage in May was 143.7 euros ($187) per 
month. The government statistics office estimated that approximately 
6.8 percent of the population lived below the absolute poverty line, 
set at 170 euros ($221) per person per month in 2010, compared with 4.9 
percent in 2008. Significant portions of the workforce, particularly in 
rural areas and the informal sector, earned less than the minimum wage.
    The law establishes a 40-hour workweek (except in specified unusual 
circumstances) and requires an unspecified premium for work in excess 
of 40 hours. It prescribes a 30-minute daily rest period. Overtime is 
limited by the Labor Law to 10 hours per week, but seasonal workers 
often worked much longer. Many workers, particularly in commerce, were 
deprived of their rights to weekly and annual leave but often did not 
report the violations of their rights for fear of repercussions.
    The use of ``temporary'' workers was a major issue between trade 
unions and employers, since employers had considerable leverage over 
the terms of employment of temporary workers, particularly women, older 
workers, and those with disabilities. Amendments to the Labor Law 
adopted on November 24, restricted ``temporary'' employment to two 
years. The Ministry of Labor and Social Welfare and the Union of Free 
Trade Unions of Montenegro had various interpretations about the date 
when the amendments were to enter into force.
    The government establishes health and safety regulations in the 
workplace. It requires employers to supply and enforce the use of 
safety equipment and to report any serious workplace deaths or injuries 
within 24 hours. Authorities did not strictly enforce the requirements, 
and both employers and workers violated health and safety rules, 
particularly in the construction industry. The machinery and tools used 
at construction sites were often not maintained properly, which 
increased the risk of injuries. The Ministry of Labor and its 
inspection department lacked adequate resources to enforce workplace 
safety. Training was provided for labor inspectors, and awareness-
raising activities increased during the year. In practice workers often 
lacked safety equipment, especially in the construction and wood-
processing industries. During the year there were five deaths and 24 
serious injuries at work, mostly at construction sites and wood-
processing facilities. During the year authorities conducted 3,169 
inspections of safety at workplaces and found 3,128 violations of 
safety regulations. The most frequent reasons cited for injuries were 
lack of work-related training, inadequate medical care for workers, and 
old equipment.
    Despite these shortcomings, enforcement efforts continued. Labor 
inspectors have legal authority to close an establishment until 
violations are corrected. In cases of repeated violations, the owners 
can be fined. Inspectors found violations involving labor permits and 
contracts, worker compensation, employee contributions to social 
insurance, and payment of severance. During the year inspectors 
conducted 13,215 inspections, found 8,069 irregularities, closed 
workplaces in 708 cases, levied 2,582 on-the-spot fines for lesser 
violations, and filed 215 misdemeanor charges and criminal charges in 
six cases.

                               __________

                              NETHERLANDS

                           EXECUTIVE SUMMARY
    The Kingdom of the Netherlands, which includes the Netherlands, 
Aruba, Curacao, and St. Maarten, is a constitutional monarchy. The 
Netherlands (the term used to designate the European part of the 
kingdom and the Caribbean islands of Bonaire, Saba, and Sint Eustatius) 
has a bicameral parliament; a first chamber (the Senate) is elected by 
the country's 12 provincial councils and a second chamber (the House of 
Representatives) by popular vote. A prime minister and a cabinet 
representing the governing political parties exercise executive 
authority. General elections held in June 2010 were free and fair. 
Aruba, Curacao, and St. Maarten have unicameral parliamentary systems 
and are largely autonomous, except in foreign policy and defense. The 
Kingdom of the Netherlands is responsible for safeguarding fundamental 
human rights and freedoms in its territories.
    In a country with no widespread or systemic abuses, the most 
salient human rights problem was societal animosity toward certain 
ethnic and religious groups, particularly Muslim immigrants from North 
Africa and the Middle East. In Aruba, Curacao, and St. Maarten, prison 
conditions remained substandard in some respects.
    In the Netherlands, authorities prosecuted individuals during the 
year for violations of a law prohibiting public speech that incites 
hatred or discrimination, although there were no reported convictions. 
There were reports of violence against women and children, anti-Semitic 
incidents, societal discrimination and violence against some religious 
and ethnic minorities, and trafficking in persons for sexual 
exploitation and forced labor.
    The government took steps to prosecute officials who committed 
abuses, and there were no indications that impunity existed.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--In the Netherlands, prison 
and detention conditions generally met international standards; in 
Aruba, Curacao, and St. Maarten, prison conditions remained substandard 
in some respects. The government permitted visits by independent human 
rights observers but none occurred during the year.
    In the Netherlands, as of September 2009, 11,682 adults were in 
detention, approximately 7 percent of them women. These figures exclude 
2,000 persons undergoing treatment at Forensic Psychiatric Centers and 
about 1,500 persons held in alien detention. In 2009 a daily average of 
713 juveniles were in detention. The occupancy rate in prisons was 
approximately 86 percent. The capacity of prisons and detention centers 
was 12,600 for adults and 1,310 for juveniles. No figures were 
available on the prevalence of deaths of detainees in prisons or 
pretrial detention centers.
    As of October, 246 persons, approximately 6 percent of them women, 
were in detention in Aruba; the occupancy rate was an estimated 65 
percent.
    In St. Maarten 138 persons were in detention, approximately 3 
percent of them women; the occupancy rate was 96 percent. In Curacao, 
502 persons were in detention, approximately 5 percent of them women; 
the occupancy rate was about 71 percent.
    In all territories prisoners had access to potable water. A 
``supervisory committee'' was available to hear the complaints of any 
prisoner. There were no reports of inadequate recordkeeping or that 
female prisoners were treated worse than males. In the Netherlands, 
alternative punishments such as fines, community service, or electronic 
house arrest were common for less serious offenses. There was no 
available information on alternative sentencing possibilities in Aruba. 
In Curacao there was a small-scale program to place selected 
individuals under house arrest and monitor them electronically. 
Authorities in St. Maarten had the option of imposing community service 
and fines as punishment for nonviolent offenders, and they made use of 
this option during the year.
    In all territories authorities monitored prison and detention 
center conditions. Authorities permitted prisoners and detainees to 
receive visitors. Prisoners were permitted religious observance. They 
could submit complaints to a supervisory committee, to the penitentiary 
institution's official who decides on the placement of prisoners, or to 
the prison system's complaint commission. In many cases complainants 
had the option to appeal. Authorities addressed complaints adequately 
with respect for due process of law.
    Authorities permitted visits by independent human rights observers. 
No visits occurred during the year.
    In Curacao and St. Maarten, authorities did not increase prison 
capacity sufficiently to allow separate facilities for juvenile 
offenders. Judges may sentence juveniles under the age of 16 who have 
committed serious offenses to prisons where they serve time together 
with adults. However, there was one cell block at the prison in Curacao 
reserved for youth offenders.
    In St. Maarten, inmates struck briefly in April over a Public 
Prosecutor's Office decision to send two inmates to prison in Bonaire.
    In 2009 the U.N. Human Rights Committee cited reports describing 
prison conditions in Bon Futuro Prison and Bonaire Remand Prison as 
``extremely harsh.'' However, improvements continued as a result of a 
2008 allocation of eight million euros ($10 million) by the Netherlands 
government. The Council of Europe's Committee for the Prevention of 
Torture's (CPT's) 2009 report cited improvements in the prisons in 
Curacao and St. Maarten, including the opening of a youth section in 
St. Maarten. Authorities completed the renovation of the Bonaire 
detention center in 2009 in accordance with CPT standards. A $2 million 
renovation of Bon Futuro Prison continued during the year. Curacao 
authorities completed work on a construction and renovation project for 
separate holding facilities for undocumented foreign nationals in 
Curacao. Also in Curacao construction of new entry and exit facilities 
was nearing completion. Construction of a workshop for prisoner 
activities continued, and some equipment from the Netherlands was 
already on site. Staffing at the Curacao prison remained insufficient. 
The prison director in St. Maarten indicated that prison staffing there 
was sufficient.
    In February inmates from the KIA Prison in Aruba sued the prison 
authorities because of overcrowding. The Aruba Court of First Instance 
ruled in favor of 150 prisoners, but the judge gave prison management 
six months to improve the health and hygiene deficiencies that led to 
prisoner unrest.
    The Aruba Public Prosecutor's Office announced an investigation 
into possible use of excessive violence by police during their 
intervention in a prisoners' protest in February. One prisoner was 
injured and taken to the hospital.
    In June the St. Maarten Inmates Association demanded improvement in 
inmates' living conditions and the availability of health care. They 
based their demands in part on two court orders dating from 2007 
requiring authorities to renovate the prison at Pointe Blanche. 
Nonetheless, there were reports that authorities did not implement the 
renovations, even though funds were allocated. In April the government 
allocated funds to finance staff recruitment at the prison. 
Construction was completed during the year on separate holding 
facilities for undocumented foreign nationals.
    The Dutch government agreed to finance staff recruitment to 
strengthen St. Maarten's government. New personnel were being hired to 
fill vacancies in the Police Force, Detectives Bureau, Pointe Blanche 
Prison, and Immigration Services among others.

    d. Arbitrary Arrest or Detention.--The law prohibits such actions, 
and the government generally respected these prohibitions in practice.

    Role of the Police and Security Apparatus.--In the Netherlands, the 
Ministry of Security and Justice oversees law enforcement, as do the 
justice ministries in the Caribbean territories. Civilian authorities 
maintained effective control over the regional police forces, which 
have responsibility in law and practice for law enforcement, and the 
government has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest Procedures and Treatment While in Detention.--A prosecutor 
or senior police officer must order the arrest of any person, other 
than one apprehended on the spot for alleged transgressions. Police may 
question suspects for a maximum of 12 hours (six hours in Aruba, 
Curacao, and St. Maarten) and detain them for up to three days (two 
days in Aruba, Curacao, and St. Maarten), with the possibility of an 
additional three-day extension in cases of ``urgent necessity,'' by 
order of the public prosecutor without the permission of a magistrate. 
By the fourth day (the third day in Aruba, Curacao, and St Maarten), 
the prosecutor must bring detainees before an examining magistrate for 
questioning and a decision whether to extend detention for another 14 
days. The court subsequently reviews the validity of continued 
detention every 90 days. Extensions depend on progress in the 
preliminary investigation. Authorities must promptly inform detainees 
of the charges against them.
    In the Netherlands, in terrorism-related cases, the examining 
magistrate may order detention for the first 14 days on the lesser 
charge of ``reasonable suspicion'' rather than ``serious suspicion'' 
required for other crimes.
    By law suspects have the right to consult an attorney. Nonetheless, 
in the Netherlands lawyers were not commonly present during the 
questioning of an adult suspect. The Justice Department established 
pilot projects to test the practice of having an attorney present 
during the initial detention and questioning of an adult suspect. In 
the Caribbean territories a system existed to provide legal aid to 
indigent detainees, but lawyers did not always appear before 
questioning began. Authorities in Aruba indicated that if a detainee 
requested a lawyer, no interrogation would take place without one 
unless the seriousness of the case dictated otherwise.
    There is no provision for bail, but authorities avoided lengthy 
detention before trial unless there were compelling reasons to keep a 
person in custody. In Aruba the law requires trials to begin no later 
than three months after arrest. There was no information on the average 
length of detention, but as of October, 44 percent of the prison 
population in Aruba consisted of pretrial detainees.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Trials are 
public. Juries are not used. The law requires that authorities fully 
inform defendants about the proceedings at every stage. In criminal 
trials the law provides for prompt access to counsel (inexpensively for 
persons with low incomes), the presumption of innocence, and the right 
to appeal. The accused is not present when the examining magistrate 
examines witnesses, but an attorney for the accused has the right to 
question them. In most instances defendants and their attorneys have 
access to government-held evidence relevant to their cases, but in 
certain cases involving national security, special procedures permit an 
examining judge to assess the reliability of official intelligence 
reports without exposing the identities of intelligence officers or 
releasing confidential intelligence information to the public or the 
defendant. In such cases the defense has the right to submit written 
questions to these witnesses through the examining judge. The law 
extends the above rights to all citizens.

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

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR). The government was 
responsive to ECHR decisions. During the year the ECHR issued six 
judgments in cases involving the Netherlands and found violations in 
four of them.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Individuals may bring 
lawsuits for damages related to a possible human rights violation 
before the regular court system or specific appeal boards. Once 
individuals exhaust national remedies, they may appeal to the ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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 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.--While freedom of expression was generally 
respected, it is a crime to engage in public speech that incites 
hatred, discrimination, or violence against persons because of their 
race, religion, convictions, gender, sexual orientation, or disability. 
There were no reports of successful prosecutions during the year. 
Convictions were rare because courts were reluctant to restrict freedom 
of expression, especially when it took place within the context of a 
public debate.
    On June 23, the Amsterdam District Court acquitted Freedom Party 
leader Geert Wilders of offending, inciting hatred toward, and 
discriminating against, Muslims. Although the court found some of 
Wilders' anti-Islamic and anti-immigrant statements ``rude and 
disparaging,'' it did not regard them as ``inflammatory'' or inciting 
to hatred and discrimination, given the political context in which they 
were made. The court noted that prevailing jurisprudence permitted 
criticism of a religion and the behavior of supporters of a religion.

    Freedom of Press.--Disputes occasionally arose over journalists' 
right to protect their sources. As of year's end, the government had 
not brought Dutch law into compliance with a 2010 ECHR ruling that it 
should strengthen the legal protections of journalistic sources by 
providing for an obligatory review by a judge or other independent and 
impartial decision-making authority, rather than a less independent 
examining magistrate, before police or the public prosecutor could 
compel the journalist to reveal their sources.

    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. However, 
authorities continued to pursue policies to prevent what they 
considered to be incitement to discrimination on the Internet. There 
were a number of convictions on these grounds. For example, on January 
11, the Utrecht District Court convicted an 18-year-old for offending 
Jews on the Internet and sentenced him to 80 hours of community 
service, partly at the Anne Frank House in Amsterdam.
    Police maintained a list of Web sites they judged to be purveyors 
of child pornography and reviewed the list periodically. All major 
domestic Internet service providers have agreed not to permit access to 
those sites.

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

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for 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 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, 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.

    Safe Country of Origin/Transit.--Authorities denied asylum to 
persons who came from so-called safe countries of origin or who had 
resided for some time in safe countries of transit. They used EU 
guidelines to define such countries. Applicants had the right to appeal 
the denials. The government did not return asylum seekers under the 
Dublin II Regulation to Greece following a January 21 ruling by the 
ECHR against Belgium and Greece. Instead, these applications, numbering 
approximately 1,950, were processed in the Dutch asylum procedure.

    Nonrefoulement.--Authorities gave serious attention to the 
prohibition of refoulement. Decisions on deportations to countries or 
localities where, in the opinion of some specialists in refugee 
matters, safety from persecution was not assured were made in close 
consultation with the Foreign Ministry and international human rights 
organizations. At times the UNHCR and nongovernmental organizations 
(NGOs), including Amnesty International, objected to government efforts 
to return persons to countries such as Iraq, Afghanistan, and Somalia, 
where, in the opinion of those organizations, they might be at risk. In 
response to objections authorities imposed a moratorium on deportations 
to parts of Somalia.
    During the year the government twice forcibly returned groups of 
unsuccessful Iraqi asylum seekers to Baghdad in defiance of a ruling by 
the ECHR and the opinion of the UNHCR. The Immigration Service declined 
to disclose exact numbers, but the Dutch Refugee Foundation estimated 
their number at 30 to 50. The government stated that it carefully 
considered in a lengthy review process whether there were reasons to 
believe that the selected individuals to be deported faced any personal 
risk if returned. The immigration minister acknowledged that Iraq was 
not a safe country for all, but he asserted that it was not unsafe for 
everyone who is sent back. The Dutch have no mechanism to monitor those 
who are repatriated to Baghdad. In November the government of Iraq 
imposed new documentary requirements that held up a third group of 
involuntary deportations from the Netherlands.
    In the year ending in November, authorities deported approximately 
40 persons to Afghanistan, despite UNHCR objections to such 
deportations. The government relied upon a memorandum of understanding 
with Afghanistan that permitted involuntary deportation provided 
relevant humanitarian issues were taken into consideration. Authorities 
indicated that they deported no one who they believed would be 
incarcerated upon return.

    Access to Basic Services.--Asylum seekers awaiting a decision on 
their application are granted access to basic services, including 
education, health care, and legal assistance. They are also permitted 
to work a maximum of 24 weeks a year. Persons with refugee status have 
full access to all public services.

    Durable Solutions.--There is a policy of accepting up to 500 
refugees from third countries each year for permanent settlement. The 
number of such refugees accepted during the year was not available.

    Temporary Protection.--Following criticism by NGOs and the UNHCR, 
the government made an exception to its 2010 decision not to grant 
protection to categories of aliens based on country conditions, gender, 
and other factors. For example, it imposed a moratorium on deportations 
to Mogadishu, Puntland, and Somaliland and reportedly took ``extra 
care'' before deporting persons to southern and central Somalia. In 
April the minister for immigration temporarily suspended the 
repatriation of failed asylum applicants from Libya. This was believed 
to affect approximately 70 Libyans.

    Stateless Persons.--According to UNHCR statistics, there were 
2,061stateless persons in the Netherlands at the end of 2010, including 
about 1,000 immigrant Roma and an unspecified number of Malaccans, who 
decline the citizenship either of the Netherlands or any other country 
of possible allegiance for historical political reasons.
    Citizenship is based primarily on the mother's citizenship. The 
parliament has revised the law governing citizenship on several 
occasions in an effort to resolve and prevent statelessness, including 
by providing the opportunity to gain Dutch citizenship.
    Stateless persons have no access to public services except 
emergency health care.
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 in all parts of the kingdom exercised this 
right in practice through periodic free and fair elections based on 
universal suffrage.

    Elections and Political Participation.--Recent Elections.--In the 
Netherlands, elections for provincial legislative bodies took place on 
March 2, and the provincial legislatures subsequently chose a new upper 
house of parliament on May 23. The members of the lower house were 
elected by popular vote in June 2010. These elections were all 
considered to be free and fair. The most recent governmental elections 
in the Caribbean portions of the kingdom were also free and fair.

    Participation of Women and Minorities.--There were 61 women in the 
150-seat Second Chamber of parliament. Of the 20 cabinet members, four 
were women. Seventeen members of the second chamber of parliament were 
of immigrant descent, including six of Turkish and five of Moroccan 
descent. Women also held positions in the parliaments and cabinets of 
the Dutch Caribbean Islands, including the position of prime minister 
of St. Maarten.
Section 4. Official Corruption and Government Transparency
    The laws provide criminal penalties for official corruption, and 
the government generally implemented the laws effectively. There were 
isolated reports of government corruption during the year.
    The government pursued an active anticorruption policy coordinated 
by the Internal Affairs Ministry's Bureau for Promotion of Integrity of 
the Public Sector. The National Criminal Investigation Service 
coordinated investigations under the supervision of the national 
prosecutor for corruption. There are no laws requiring financial 
disclosure; however, for most senior positions, every organization has 
its own regulations to avoid conflicts of interest.
    The law provides for public access to government information, and 
authorities generally respected that right. When authorities denied 
information requests, they provided reasons based on the law. Those 
seeking information could appeal any refusal to the regular courts. 
Disputes occasionally arose in court over the scope of the government's 
right to withhold information in the public interest.
    Following public allegations of corruption in Curacao, a special 
Dutch investigator produced a report suggesting the possible 
involvement of several cabinet members in corrupt activities. The 
Curacao government refused to pursue a Dutch request for further 
investigation into these allegations and asserted that the Dutch 
investigator's report included unfounded accusations and ``useless 
information.'' This response contributed to heightened concern among 
many citizens about the quality of governance. The kingdom's government 
retains oversight over some areas, including aspects of the judiciary 
(such as the Supreme Court), and ``kingdom matters,'' including human 
rights, the rule of law, and good governance. However, the Dutch see 
intervention as a last resort, while the Curacao government suggested 
that the Dutch right to intervene should be drastically changed in ways 
that would both simplify and minimize outside oversight.
    There were no reports of corruption on other Dutch Caribbean 
islands, although unsubstantiated claims and presumptions of corruption 
persist on some islands.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views.

    Government Human Rights Bodies.--A citizen may bring any complaint 
before the national ombudsman, the Equal Opportunity Commission (CGB), 
Commercial Code Council, or the Council of Journalism, depending on the 
circumstances. In April the parliament agreed to the establishment of 
an independent human rights institute as principal contact for domestic 
and international human rights organizations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on age, race, 
gender, disability, language, political preference, sexual orientation, 
and social status, and the government generally enforced these 
prohibitions.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, domestic violence, female genital mutilation 
(FGM), and sexual harassment, and the government effectively prosecuted 
such crimes. The penalty for rape is imprisonment not exceeding 15 
years, a fine, or both. The maximum sentence for marital rape is eight 
years in prison. Spousal abuse carries a penalty that is one-third more 
severe than ordinary battery. Police records indicated that 
approximately 3 percent of spousal abuse cases reported to police 
resulted in arrests.
    In 2009, according to a joint report on crime and law enforcement 
published by the Research and Documentation Center of the Ministry of 
Justice and the governmental Statistics Netherlands (CBS), there were 
7,438 registered cases of rape, sexual assault, and other sexual 
crimes. During the same year, courts reached verdicts in 1,040 cases, 
of which 831 were convictions. The average prison sentence for 
convicted rapists was one year.
    The government continued to implement a 2008-11 national action 
plan to intensify the fight against household violence that included 
increased funding for shelters; the introduction of temporary 
restraining orders on perpetrators; the development of a mandatory code 
for professionals working in health and child care, education, and 
other welfare sectors to report possible signals of domestic violence 
and child abuse; and the launching of public awareness campaigns. In 
Aruba, the criminal code specifies additional penalties for violent 
offenses when committed against family members.
    The government provided support to the national organization 
Movisie, which assisted victims of domestic and sexual violence and 
trained police and prosecutors in investigating and prosecuting related 
crimes. The government subsidized shelters for battered women. Mayors 
may impose temporary restraining orders on perpetrators of household 
violence; police figures indicated that mayors nationwide issued 2,935 
restraining orders in 2010. There was a national hotline for people 
directly or indirectly affected by domestic violence.

    Female Genital Mutilation (FGM).--This procedure reportedly was 
practiced in some immigrant communities (see section 6, Children).

    Other Harmful Traditional Practices.--The government has addressed 
the problem of honor-related violence vigorously and continued a five-
year program started in 2006 to combat honor violence that focused on 
prevention, protection, and criminal prosecution. In 2008 the 
government set up a center within the regional police department in The 
Hague. Accessible seven days a week and 24 hours a day, the center 
developed a checklist to help the police and other professionals 
identify honor violence cases.

    Sexual Harassment.--The government continued a public-awareness 
campaign and took measures to counter sexual harassment among civil 
servants; no information was available on their effectiveness. The 
Working Conditions Act commits employers to protect employees against 
aggression, violence, and sexual intimidation. Complaints against 
employers who fail to provide sufficient protection can be submitted to 
the CGB. Victims of sexual assault or rape in the workplace must report 
the incidents to police, since they are criminal offenses.

    Sex Tourism.--There was sex tourism both in the Netherlands and the 
Dutch Caribbean islands. Authorities monitored legal sex tourism to 
minimize health risks to both tourists and prostitutes.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide the number, spacing, and timing of 
their children and to have the information and means to do so. There 
were no restrictions on the right to access contraceptives. The 
government provided skilled attendance during childbirth, including 
obstetric and postpartum care. Men and women received equal access to 
diagnosis and treatment for sexually transmitted infections.

    Discrimination.--Under the law women have the same rights as men, 
including rights in family law, property law, and the judicial system. 
Female and male unemployment rates were 6 and 5 percent, respectively. 
The Ministry of Social Affairs and Employment reported that the higher 
rate of unemployment among women, their reduced chances for promotion, 
and their generally lower-ranking positions resulted primarily from 
their engagement in part-time employment. According to the CBS, the 
average hourly wage of female employees was 81 percent that of their 
male colleagues in 2009.
    The government provided affirmative action programs for women, and 
collective labor agreements usually included provisions to strengthen 
the position of women. In 2010 the CGB received 406 complaints of 
discrimination, 16 percent of which related to gender.

    Children.--Birth Registration.--Children obtain citizenship 
primarily through their mothers. There were no reports that significant 
numbers of newborns were not registered in a timely fashion.

    Child Abuse.--The Ministry for Youth and Family estimated in 
September 2010 that 107,000 children were abused annually, but fewer 
than 50 percent were known to professional organizations. Experts 
estimated that approximately 50 to 80 children died each year from some 
form of abuse. The requirement that physicians report child abuse 
overrides professional confidentiality. In 2009 the government launched 
a two-year publicity campaign to encourage the public to report signs 
of possible child abuse; in 2010 the Child Abuse Center received almost 
62,000 reports of possible child abuse, compared to 60,000 in 2009. 
Despite increased government funding for the Council for the Protection 
of Children, there still were long waiting lists for assistance.

    Other Harmful Traditional Practices.--The law prohibits FGM. The 
maximum penalty is 12 years in prison. Its prevalence among women and 
girls from high-risk countries was high. A study published by the 
Ministry of Health indicated that in 2008, 470 of the 1,200 pregnant 
women and girls from Somalia, Ethiopia, and Egypt examined by midwives 
had undergone FGM. Most FGM procedures take place in the native 
countries of the parents of victims. Under a long-term strategy to 
combat FGM, the Health Ministry has committed more than one million 
euros (approximately $1.3 million) annually to information campaigns 
aimed at at-risk groups and at professionals whose occupations bring 
them into contact with immigrant girls. These funds were also used for 
projects designed to engage key individuals in communities where FGM 
occurred. For example, in March the state secretary for health and 
welfare released a statement emphasizing the 12-year prison sentence 
for FGM. It was cosigned by immigrant organizations, medical 
authorities who treat children, and local public health authorities and 
was intended for distribution among affected communities and medical 
authorities in hope of countering social pressures to undergo FGM.

    Sexual Exploitation of Children.--The penalty for forcing a minor 
to engage in prostitution is imprisonment for up to eight years or up 
to 12 years if the victim is under 16. The minimum age of consent is 16 
in the European Netherlands and 15 in St. Maarten and Curacao. The 
penalty for statutory rape is imprisonment not exceeding 15 years, a 
fine, or both.
    Throughout the kingdom the law prohibits production, possession, 
and distribution of child pornography. In the Netherlands, the maximum 
penalty for these offenses is eight years' imprisonment, while the 
penalty for accessing child pornography on the Internet is four years 
in prison.

    International Child Abductions.--The Netherlands is a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction, but the convention does not apply to Aruba, St. Maarten, or 
Curacao.

    Anti-Semitism.--The Jewish population in the Netherlands numbered 
approximately 50,000.
    Anti-Semitic incidents, including threats, verbal abuse, and the 
desecration of monuments and cemeteries, continued to occur and to be 
widely reported in the media. The Hague-based NGO Center for 
Information and Documentation on Israel, which reported 124 incidents 
in 2010, qualified the number as substantial. However, serious 
incidents remained rare. The frequency of incidents appeared to be 
correlated partly with the political situation in the Middle East. 
Explicitly anti-Semitic sentiments were widely expressed among certain 
segments of the Muslim community, pro-Palestinian groups, and fringe 
nationalist and neo-Nazi groups.
    In its report covering 2010, the government-sponsored, but 
editorially independent, Registration Center for Discrimination on the 
Internet (MDI) stated that it received 414 reports of anti-Semitism on 
the Internet, of which it considered 212 to be punishable, including 68 
instances of Holocaust denial. The MDI forwarded the most egregious 
cases to the prosecutor's office. Authorities prosecuted a number of 
cases during the year. The MDI noted that, although the Web sites of 
right-wing extremists were well represented, the majority of instances 
of punishable anti-Semitic expressions were on mainstream, interactive 
sites. Some of the sites were located outside the country.
    Expressions of anti-Semitism also occurred throughout the year 
during soccer matches. In March fans in the ADO soccer club chanted, 
``Hamas, Hamas, all Jews be gassed,'' and other anti-Semitic slogans 
during a match. As a result the ADO soccer club was censured by a court 
in The Hague following a suit brought on by the Combat Anti-Semitism 
Foundation.
    Authorities continued to implement an action plan ``Combating 
Discrimination,'' adopted in 2010 to combat discrimination in general 
and anti-Semitism in particular. The plan underlined the importance of 
cooperation between authorities and Jewish and non-Jewish organizations 
at the local level. The government continued to sponsor the Jewish 
Moroccan Network Amsterdam, which sought to reduce tensions between 
Jews and Moroccans.
    There were no reports of anti-Semitic incidents in the Caribbean 
parts of the kingdom.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--Discrimination against persons with 
physical, sensory, intellectual, and mental disabilities in employment, 
education, access to health care, and the provision of other state 
services is illegal in all parts of the kingdom. The law requires that 
persons with disabilities have access to public buildings, information, 
and communications, but public buildings and public transport often 
were not easily accessible in practice. The law provides penalties for 
discrimination, but government enforcement was inadequate, and there 
were some reports that such discrimination occurred. Of the 406 
complaints of discrimination the CGB received in 2010, 17 percent 
related to persons with disabilities. Almost 30 percent of these 
concerned insufficient facilities for children with disabilities at 
schools. Although CGB rulings are not binding, authorities usually 
implemented them.

    National/Racial/Ethnic Minorities.--The kingdom's constitution 
prohibits racial, national, or ethnic discrimination in all kingdom 
territories.
    In the Netherlands, members of minority groups experienced verbal 
abuse and intimidation and were at times denied access to public 
venues, such as discotheques.
    A Muslim community of approximately 850,000 persons faced frequent 
discrimination. Members of immigrant groups also faced discrimination 
in housing and employment. According to the CBS, in 2010 the minority 
unemployment rate (11 percent) remained roughly three times that of the 
ethnic Dutch workforce (4 percent), while the unemployment rate among 
minority youths was 26 percent compared to 11 percent for native Dutch 
youths.
    The government pursued an active campaign to increase public 
awareness of racism and discrimination and conducted a national 
campaign to counter discrimination and improve the reporting of hate 
crimes, including hate speech, through a special Web site.
    Both the government and NGOs actively documented instances of 
discrimination, and the government's National Diversity Expertise 
Center (LECD) worked to register, evaluate, and prosecute cases. 
Organizations involved in combating discrimination voiced concern about 
the reluctance of victims to report incidents. In 2010 the LECD 
registered 170 offenses of discrimination. Of these, 43 percent related 
to race and 43 percent to religion (36 percent against Jews, 7 percent 
against Muslims). During the same year officials dealt with 171 
offenses, brought 121 indictments, obtained 90 convictions, and entered 
into 17 out-of-court settlements.
    In 2010 the MDI recorded 684 instances of ``punishable'' 
discrimination on the Internet, a significant increase from 2009. Of 
these, 296 qualified as racial, ethnic, or both. Those responsible 
removed most (89 percent) of the offending sites voluntarily when 
requested by the MDI to do so. The MDI reported three cases to the 
prosecutor's office; prosecutors obtained several convictions.
    Most defamation cases filed in criminal courts involved race. 
Persons who were not ethnically Dutch also filed civil lawsuits 
alleging discrimination in the supply of such services as cell phones 
and access to clubs. The CGB focused on discrimination in the labor 
market, including discrimination in the workplace, unequal pay, 
termination of labor contracts, and preferential treatment of 
ethnically Dutch employees.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--In the Netherlands, there was 
no legal or governmental discrimination against lesbian, gay, bisexual, 
and transgender (LGBT) persons, and no legal or governmental 
impediments to the organization of gay events. During the year the 
Justice Ministry reported a rise in harassment, mostly verbal abuse, of 
LGBT individuals, partly as a result of government campaigns urging 
victims to report incidents. Police placed a high priority on combating 
violence against gay men.
    There were no laws in the Caribbean portions of the kingdom that 
discriminate against LGBT persons; however, Caribbean society has 
remained much less tolerant of the LGBT community. There were no known 
cases of abuse or violence against LGBT persons.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence against persons with HIV/AIDS. The government 
sponsored a national campaign against societal stigmatization of 
persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form or join independent unions of their own 
choosing without prior governmental authorization or excessive 
requirements. It permits them to conduct legal strikes and engage in 
collective bargaining, and allows unions to conduct their activities 
without interference. The law prohibits antiunion discrimination, and 
regulations prohibit retaliation against legal strikers. Public-sector 
workers generally have the right to strike, but a magistrate may forbid 
a strike that threatens the public welfare or safety. For example, 
magistrates have often prohibited police strikes because of the 
essential services police perform. Authorities effectively enforced the 
rights to organize and strike, and workers exercised them in practice. 
There were no reports that employers frequently refused to bargain. 
Worker organizations are independent of the government and political 
parties. There were no reports of antiunion discrimination or other 
forms of employer interference in union functions.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, and the government enforced 
such laws. The Netherlands Labor Inspectorate conducted approximately 
11,000 inspections at many high-risk workplaces during the year. 
However, there were reports that such practices occurred. In the 
Netherlands men and boys from abroad were forced to work in domestic 
service, temporary employment agencies, agriculture and horticulture, 
restaurants, catering, food processing, hotels, and construction. In 
Curacao authorities believed that migrant laborers may have been forced 
to work in construction, landscaping, and shops. In Aruba forced 
laborers included men and women working in supermarkets, Indian men in 
the jewelry sector, and Caribbean and South American women in domestic 
service.
    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 
government effectively enforced laws and policies to protect children 
from exploitation in the workplace. The minimum age for employment is 
16 years. Special rules apply to schoolchildren 16 and 17 years of age. 
For example, the law prohibits persons under the age of 18 from working 
overtime, at night, or in activities dangerous to their physical or 
mental well-being. A tripartite labor commission composed of 
representatives from the government, enterprises, and unions monitored 
hiring practices and conducted inspections. The commission enforced the 
laws effectively.
    Holiday work and after-school employment are subject to very strict 
rules set by law. The Ministry of Labor's inspection office, which is 
responsible for enforcement, found during the year that 75 percent of 
companies employing holiday workers and children younger than 18 
complied with regulations.

    d. Acceptable Conditions of Work.--In the Netherlands, the minimum 
wage for an adult was 1,435 euros ($1,857) a month. The official 
poverty level in 2009 was 1,750 euros ($2,264) a month for a family of 
four. In Aruba, the monthly minimum wage was 1,543 Aruba florins 
($862). The official poverty level was 1,295Aruba florins ($724). In 
Curacao the minimum wage was 1,304 Antillean florins ($729), and the 
official poverty level was 4,169 Antillean florins ($2,330). The 
official minimum wage in St. Maarten was 1,378 Antillean florins 
($770). No poverty-rate information was available for St. Maarten. 
Poverty levels are based on a family of four with two children under 
the age of 16.
    Dutch law establishes a 40-hour workweek. Persons who work more 
than five hours a day are entitled to a paid 30-minute rest period. 
Overtime is regulated. The labor inspectorate effectively enforced the 
labor laws. Compulsory overtime is not permitted by law. There are six 
national holidays. A tripartite labor commission actively monitored and 
effectively enforced working conditions, including comprehensive 
occupational safety and health standards set by law. The Ministry of 
Labor and Social Affairs also monitored standards. The Social 
Intelligence and Inspection Service had 1,179 full-time positions.
    Workers in the significant underground economy enjoyed neither the 
minimum wage, nor any of the other legal, administrative, or safety 
protections available to other workers. The underground economy was 
primarily based on the horticultural and agricultural sectors and 
consisted primarily of undocumented workers from Eastern Europe.

                               __________

                                 NORWAY

                           EXECUTIVE SUMMARY
    Norway is a parliamentary democracy and constitutional monarchy. 
The country is governed by a prime minister, a cabinet, and a 169-seat 
parliament (Storting) that is elected every four years and cannot be 
dissolved. Free and fair elections to the multiparty parliament were 
held in 2009. Security forces reported to civilian authorities.
    In a country where there were few abuses, violence against women 
was a continuing societal problem.
    Other problems reported during the year included use of police 
holding cells to detain arrestees for longer periods than permitted by 
law and occasional incarceration of juveniles in adult prisons. There 
were also reports of some anti-Semitism, as well as stigmatizing 
rhetoric against immigrants and Muslims, particularly on the Internet.
    There were no reports of officials committing abuses in the 
security services or elsewhere in the government during the year.
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 and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison conditions mostly 
met international standards. Prisoners had access to potable water, and 
the government permitted visits by independent human rights observers. 
Research from the Correctional Services Academy indicated that 56 men 
and three women committed suicide in pretrial detention or prison 
between 1990 and 2007. More recent figures were not available.
    In December the Council of Europe's Committee for the Prevention of 
Torture (CPT) found seven juveniles being held in adults' prisons. It 
noted the efforts by authorities to ameliorate the juveniles' 
conditions and the construction of new, separate detention facilities 
in some places, but called the situation of a juvenile in Bjorgvin 
Prison in Bergen ``still far from satisfactory.'' The bar association 
estimated that nearly half of persons arrested in 2010 were kept in 
holding cells for longer than the 48 hours permitted by law. Police 
holding cells were austere and designed for short stays and a transient 
inmate population. Authorities did not maintain comprehensive 
statistics of the use of police holding cells nationwide, a fact that 
the parliamentary ombudsman, the Norwegian Bar Association, the 
Norwegian Center for Human Rights, and the Children's Ombudsman 
criticized.
    As of May 1, there were 3,602 prisoners in the country, 5.8 percent 
of whom were women and 0.2 percent juveniles. The combined total prison 
capacity in the country is 3,826. The country had 44 prisons, of which 
three were separate prisons for women. In addition, eight other prisons 
had women's departments with a total of 71 places. A number of other 
prisons in the country could accommodate women as needed.
    Most prisons in the country contained separate cells for pretrial 
detainees. The Trandum detention center for foreign nationals awaiting 
deportation had space to house 150 detainees, but since mid-2010 
authorities maintained a maximum limit of 70 detainees. Other than 
Trandum center and police station holding cells, the country had no 
separate detention facilities. Authorities reported electronically 
monitoring 1,001 offenders in 2010, of which 47 were transferred to 
detention centers after breaching the rules.
    An ombudsman, who could visit at a prisoner's request or at the 
ombudsman's own initiative, represented prisoners. The ombudsman does 
not act on behalf of prisoners and detainees to consider such matters 
as alternatives to incarceration for nonviolent offenders; only the 
courts handle sentencing. The ombudsman may conduct investigations and 
express a legal, nonbinding opinion on whether public authorities have 
erred or committed any injustice. The ombudsman also may serve on 
behalf of prisoners and detainees concerning the status and 
circumstances of confinement of juvenile offenders but received few 
complaints on this issue.
    The government permitted monitoring visits by independent human 
rights groups, the media, and the International Committee of the Red 
Cross. The CPT conducted a periodic visit on May 18-27, during which it 
inspected six prisons and four police headquarters, including Trandum. 
Its report, released on December 21, noted that there was a relaxed 
atmosphere in the country's prisons, and that prison staff appeared to 
be well trained and very professional. Committee members spoke with 
arrestees and convicts and received no allegations of ill treatment or 
unnecessary use of force. The CPT recommended that the government 
increase its effort to stop detaining persons in police holding cells 
after they had been remanded in custody and to provide timely access to 
a lawyer to all arrestees. Authorities permitted prisoners and 
detainees to submit complaints to judicial authorities without 
censorship and to request investigation of credible allegations of 
inhumane conditions; there were no such complaints or allegations 
during the year through December.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and there were no reports 
during the year that the government failed to observe these 
prohibitions.

    Role of the Police and Security Apparatus.--The national police 
have primary responsibility for internal security. The police may call 
on the armed forces for assistance in crises. In such circumstances the 
armed forces are under police authority. The Ministry of Justice and 
Police oversees the police force.
    Civilian authorities maintained effective control over the national 
police, and the government has effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the security forces during the year.

    Arrest Procedures and Treatment While in Detention.--The law 
requires warrants authorized by a prosecutor for arrests except when 
the perpetrator is caught while committing a crime, and police usually 
arrested a person based on a warrant. Police are required to file a 
justification to hold detained persons in custody within four hours of 
their arrest and must inform detainees of the charges against them 
within three days. Authorities must arraign an arrested suspect within 
24 hours (not including Saturday and Sunday), at which time the 
arraigning judge determines whether the accused should be held in 
custody or released pending trial. There is no bail system. All 
defendants accused of minor crimes, including nonresident foreigners, 
were routinely released pending trial. Defendants accused of serious or 
violent crimes usually remained in custody until trial. Arrested 
persons were allowed access to a lawyer of their choice before 
interrogation or, if they could not afford one, to an attorney 
appointed by the government. Authorities usually allowed arrested 
persons access to family members. The law mandates that detainees be 
transferred from a temporary police holding cell to a regular prison 
cell within 48 hours.
    The law provides that a court must supervise whether and how long a 
detainee may be held in solitary confinement, but a regulation provides 
an exemption where necessary because of building or staff conditions. 
Ila, the country's highest-security prison, admitted to using the 
loophole during the year, and defense attorneys reported that several 
other prisons did so as well. The media reported on August 10 that a 
20-year-old suspect sentenced to four weeks in prison without special 
restrictions nonetheless was held in isolation for 12 days in Ila 
Prison and in administrative detention due to space constraints. The 
Court of Appeal ordered the prison to transfer him to regular custody.
    The law permits detention of aliens to establish identity or to 
effect their removal from the country if it is deemed likely they will 
evade an order to leave. The CPT reported that it received no 
allegations and found no other evidence of mistreatment of immigration 
detainees by staff at the Trandum Detention Center for foreign 
nationals during its May visit.

    Pretrial Detention.--The CPT, the Bar Association, and Amnesty 
International criticized the government's pretrial detention, including 
conditions in holding cells.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and there were no reports during the year 
that the government interfered with judicial independence.

    Trial Procedures.--Defendants enjoy a presumption of innocence. 
Trials are public. In criminal cases involving a maximum prison 
sentence of at least six years, a court of appeal sits with a jury of 
10 civilian members; there is no right to a jury trial in other 
instances. Defendants have the right to have counsel, at public expense 
if necessary, to be present at their trial, to confront and question 
witnesses, to present evidence and witnesses, and to appeal. Defendants 
and their attorneys have access to government-held evidence relevant to 
their cases. The law extends these rights to all citizens.
    The constitution and law provide for the right to a fair trial, and 
an independent judiciary effectively enforced this right.

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

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR). During the year the court 
made one ruling against Norway. The government complied with the 
court's judgment.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters that can adjudicate cases 
involving human rights violations; individuals and organizations could 
appeal decisions to the ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government usually respected these prohibitions in practice. A 
government-appointed working group for communications control reported 
that police were abusing the emergency loophole in the law to use 
wiretaps and listening devices without court oversight.
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 
press, and the government generally respected these rights in practice. 
An independent press, an effective judiciary, and a functioning 
democratic political system combined to ensure freedom of speech and of 
the press.
    The law prohibits ``threatening or insulting anyone, or inciting 
hatred or persecution of or contempt for anyone because of his or her: 
a) skin color or national or ethnic origin, b) religion or life stance, 
or c) homosexuality, lifestyle, or orientation.'' Violators are subject 
to a fine or imprisonment not to exceed three years. There were no 
reported charges or convictions for violating the hate speech law 
during the year.

    Violence and Harassment.--In two instances public speakers 
scheduled to address topics that were sensitive to some in the 
community canceled their appearances after receiving threats. On April 
14, an author withdrew from her planned participation in a panel to 
discuss oppression of women in developing countries. In September, Kurt 
Westergaard, the Danish cartoonist who had drawn caricatures of the 
prophet Mohammed in 2005, canceled his appearance at a planned book 
launch in Oslo following alleged threats against him.

    Nongovernmental Impact.--On June 20, the offices of the publishing 
company Cappelen Damm were under police protection following threatened 
violence related to its decision to publish a Norwegian edition of the 
book The Tyranny of Silence by Flemming Rose, the cultural editor of 
Danish newspaper Jyllands-Posten, in which he explained why he printed 
the Mohammed caricatures in 2005. Eleven men with covered faces turned 
up to demonstrate against the book's publication, but the protest 
dissolved before reaching the publishing house.

    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 other than as permitted by law. 
Particularly following the July 22 terrorist attacks in and near Oslo, 
the Center against Racism and others encouraged the Police Security 
Service (PST) to monitor extremist Internet chat rooms. On August 24, a 
PST representative reportedly stated to the media that the PST was 
cooperating with local police and government to review extremist 
websites.
    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 generally respected these rights in practice.

    c. Freedom of Religion.--See the annual 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 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 
established a system for providing protection to refugees.

    Safe Country of Origin/Transit.--The country is party to the Dublin 
II regulation, which allows the government to return refugees and 
asylum seekers to the first country they entered that is also a party 
to the regulation.

    Nonrefoulement.--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. On October 31, the Police Immigration Unit reported 
that it had forcibly returned 3,697 persons to Iraq during the year to 
date, a 6.7 percent decrease from 2010. UNHCR questioned whether an 
unspecified number of these returns were to areas of Iraq it deemed 
unsafe.

    Durable Solutions.--The government has several programs for 
voluntary return of refugees through the International Organization for 
Migration, such as the Voluntary Assisted Return program, the 
Information, Return, and Reintegration of Afghan Nationals to 
Afghanistan Program, and the Information, Return, and Reintegration of 
Iraqi Nationals to Iraq program. These voluntary programs offered 
financial and logistical support for repatriation, including assistance 
with travel arrangements and funding.

    Temporary Protection.--According to the Norwegian Directorate for 
Immigration, the government provided temporary protection to 
individuals who might not qualify as refugees and provided it to 757 
persons as of August 31.

    Stateless Persons.--According to UNHCR statistics, there were 3,118 
stateless persons in the country as of January; they are not counted as 
refugees. Citizenship is derived from one's parents; children born in 
the country do not automatically become citizens. The law authorizes 
revocation of citizenship granted based on false identity information. 
Because the law requires applicants for Norwegian citizenship to 
renounce their original citizenship, revoking Norwegian citizenship can 
result in statelessness if the person's original citizenship is not 
reinstated. The government effectively implemented laws and policies to 
provide stateless persons the opportunity to gain nationality on a 
nondiscriminatory basis.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution 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.--In 2009 
the country held parliamentary elections that were considered free and 
fair.

    Participation of Women and Minorities.--Following the 2009 
elections, there were 67 women in the 169-seat parliament (nearly 40 
percent). There were nine women among the 19 Supreme Court justices, 
and women headed half of the 20 government ministries. Women led five 
of the seven political parties represented in parliament. There was one 
member of parliament and one alternate member from a minority group. 
There were no minority ministers or Supreme Court justices. Most major 
political parties in the country voluntarily apply a gender quota 
system for purposes of nominations and the composition of party-
governing bodies at all levels.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
no confirmed reports of government or police corruption during the 
year.
    Public officials are subject to financial disclosure laws. The 
Ministry of Justice and Police and the Ministry of Finance are 
responsible for combating corruption.
    The law provides for public access to government information, and 
the government provided access in practice to both citizens and 
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
often were cooperative and responsive to their views.

    U.N. and Other International Bodies.--The government cooperated 
with the May 18-27 visit of a delegation from the CPT to monitor 
conditions in detention centers, prisons, and other facilities for 
persons incarcerated.

    Government Human Rights Bodies.--The country has parliamentary 
ombudsmen for public administration, for children, and for equality and 
antidiscrimination. All ombudsmen enjoyed the government's cooperation 
and operated without government interference. The ombudsmen hear 
complaints against actions by government officials, but their offices 
did not issue any reports specifically on human rights problems during 
the year. Although the ombudsmen's recommendations are not legally 
binding, in practice government authorities usually complied with those 
from the ombudsmen for children and public administration.
    Parliament's Standing Committee on Scrutiny and Constitutional 
Affairs reviews the reports of the parliamentary ombudsmen. Its 
Standing Committee on Justice is responsible for matters relating to 
the judicial system, police, the penal code, and the civil and criminal 
code.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the government generally enforced this 
prohibition in practice, although there were reports of violence 
against women and children, some anti-Semitism, and stigmatizing 
statements against immigrants and Muslims.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
including spousal rape, and the government generally enforced the law. 
According to police, 497 rapes were reported nationwide through the 
second quarter of the year, a 14.7- percent increase from the same 
period in 2010 and an 84.8- percent increase from 2001. There were 55 
attempted rapes reported to police nationwide through the second 
quarter of the year, eight more than through the same period in 2010.
    The penalty for rape is generally two to 21 years in prison, 
depending on the severity of the assault, the age of the victim, and 
the circumstances under which the crime occurred. Very few cases, 
however, resulted in a sentence higher than three years and four 
months. A report issued in 2007 by the director of public prosecutions 
indicated that 84 percent of rape cases reported to police between 2001 
and 2005 had been dismissed; authorities believed this was usually due 
to the victim's reluctance to press charges, while Amnesty 
International asserted that systemic inadequacies played a role. The 
same report noted that approximately 36 percent of rape trials ended in 
acquittal. Authorities have not presented a similar national analysis 
since 2007. The Statistics Bureau registered 998 rape reports and 78 
convictions in 2009, the latest date for which national figures are 
available. Because the 78 convictions may include cases reported before 
2009, the conviction rate cannot be accurately established through 
publicly available statistics.
    During the year authorities strengthened the eight-person sexual 
violence unit in the National Criminal Investigation Service (KRIPOS) 
with10 additional positions and stated that rape victims would be 
offered up to three hours of free attorney assistance. Oslo police 
presented a strategic plan to prevent rape.
    Violence against women, including spousal abuse, was a problem. The 
law provides higher penalties for domestic violence than for simple 
assault, generally one to three years in prison, with an increased term 
of up to six years in more severe cases and up to 21 years for 
aggravated rape. The government generally enforced the law in practice, 
although the Oslo Crisis Center criticized the conviction rate 
(approximately 15 percent in 2010) as too low and attributed this to 
insufficient investigation and a backlog in the courts, rather than a 
lack of evidence. Through the second quarter of the year, police 
received 1,314 reports of domestic violence, seven more than during the 
same period in 2010.
    The government had programs to prevent rape and domestic violence 
and to counsel victims. The action plan required each of the country's 
27 police districts to have a domestic violence coordinator to assist 
victims. According to nongovernmental organizations, however, only 
eight police districts had a full-time domestic violence coordinator, 
and four districts had no domestic violence coordinator. Public and 
private organizations operated 51 government-funded shelters and 
managed five 24-hour crisis hotlines. The shelters provided support and 
counseling for victims and helped them gain access to social services, 
doctors, lawyers, and housing authorities. Victims of domestic violence 
have a right to consult a lawyer free of charge before deciding whether 
to make a formal complaint. If criminal proceedings are instituted, the 
victim is entitled to free assistance from a victim's advocate.

    Sexual Harassment.--The law provides that ``employees shall not be 
subjected to harassment or other unseemly behavior,'' and the 
government effectively enforced this provision. Employers who violate 
this law are subject to fines or prison sentences of up to two years, 
depending on the seriousness of the offense.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and to have the information and means to do so free from 
discrimination, coercion, and violence. There was easy access to 
contraception, skilled attendance during childbirth, and essential 
prenatal and postpartum care. Women were diagnosed and treated for 
sexually transmitted infections equally with men.

    Discrimination.--Women have the same legal status as men and enjoy 
identical rights under family and property laws and in the judicial 
system. The Ombudsman for Equality and Antidiscrimination (LDO) was 
generally effective in processing and investigating complaints of 
gender discrimination. As of September 2010, the latest date for which 
figures were available, the LDO received 287 information requests and 
36 complaints, eight of which resulted in a finding of illegal gender 
discrimination.
    The law provides that women and men engaged in the same activity 
shall receive equal wages for work of equal value. According to 
Statistics Norway, women received largely the same pay and benefits as 
men for equal work but earned on average 15 percent less than what men 
earned per month. The government attributed this to differences in the 
professions chosen and the predominance of women in part-time or public 
sector work. The LDO's office expressed concern that many women were in 
part-time positions involuntarily because of a tendency in certain 
industries to provide no meaningful full-time alternative.
    The law mandates that 40 percent of the boards of directors of 
publicly listed companies be women; virtually all public companies 
complied with the law.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents; children born in the country do not automatically become 
citizens. All birth clinics in the country reported childbirths to a 
central birth register, which included names, birth certificates, and 
social security numbers, including those of the parents.

    Child Abuse.--In 2010 childcare services initiated 32,858 
investigations of alleged abuse, nearly 8.5 percent more than in the 
previous year and a record high. The minister of justice stated that he 
considered it positive that more cases were reported and not kept 
secret. Childcare services completed 32,692 investigations in 2010 and 
took action in 15,904 cases, while dropping or providing counseling in 
16,673 cases. An independent children's ombudsman office within the 
Ministry of Children, Equality, and Social Inclusion (MCESI) is 
responsible for the protection of children under the law. The 
directorate for children, youth, and family affairs provides assistance 
and support services. With five regional offices and 26 professional 
teams, the directorate is the government's principal agency for the 
welfare and protection of children and families. If criminal 
proceedings are instituted, the child victim who was subjected to 
violence, sexual abuse, or genital mutilation is entitled to free 
assistance from a victim's advocate.

    Female Genital Mutilation (FGM).--FGM is illegal. In connection 
with an indictment of six people from three families for violence 
against 11 of their children, the court of appeal ruled during a 
detention hearing during the year that there was a danger of FGM. 
Whether this referred to FGM that had already taken place or concerns 
that it would take place absent intervention was unclear. Police 
investigated no other reports of FGM during the year.
    On July 1, the media reported the government would extend 
nationwide the pilot project, offering counseling and voluntary genital 
examination to girls at risk of FGM. The leader of a Somali association 
reportedly welcomed the initiative, noting that he was concerned that 
girls could be forced to undergo FGM during ``vacations'' outside of 
the country. The U.N. Committee on the Elimination of Racism and 
Discrimination (CERD) welcomed the country's Action Plan against FGM, 
which included the pilot project, but expressed concern that the 
perceived excessive focus on the topic could stigmatize women and girls 
from particular minority groups.

    Child Marriage.--Forced marriage, and aiding and abetting a forced 
marriage are punishable under the law. As part of the government's 
Action Plan against Forced Marriage (2008-2011), the Directorate of 
Integration and Diversity placed minority counselors in upper secondary 
schools throughout the country and integration attaches in the 
country's diplomatic and consular missions abroad to prevent, identify, 
and address cases of forced marriage. In 2010 the Expert Team for the 
Prevention of Forced Marriage in the Directorate for Children, Youth, 
and Family Affairs reported 73 forced marriages and 309 threats of 
forced marriage, a significant increase from 2009. The expert team was 
responsible for providing accommodation and support for young people 
over 18 who were subjected to forced marriage or the threat of forced 
marriage, while Child Protection Services was responsible for minors. 
Police supervised the shelter services and provided security as needed. 
In contrast to 2010 there were no reports of children ending up in 
shelters for drug addicts due to slow case processing.
    During the year a court convicted a 24-year-old man of forcibly 
marrying, raping, and sexually abusing his then 13-year-old first 
cousin. In September the court of appeal increased his sentence from 
five years and six months to six years. The offender's mother and the 
victim's parents also were convicted on all the same charges except 
rape. The offender's mother did not appeal the trial court's sentence 
of three years and six months, while the victim's mother was acquitted 
on appeal. The victim's father was sentenced to three years and four 
months in prison. Police feared that the victim could be killed as 
punishment for disgracing the family. The girl, who was 18 and a high 
school senior in 2011, lived in an undisclosed location as part of a 
police protection program.
    On December 16, four people were convicted of arranging a forced 
marriage between a 16-year-old girl and a 23-year-old man in 2009. The 
man's uncle and aunt were each sentenced to eight months in prison, 
while the victim's mother and brother received 240 hours of community 
service each.

    International Child Abduction.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction. 
The country is a party to the 1980 Hague Convention on the Civil 
Aspects of International Child Abduction.

    Anti-Semitism.--The Jewish population is relatively small, 
consisting of between 1,500 to 2,000 persons, approximately 750 of whom 
were registered with the Jewish community.
    On March 11, a deputy representative for the indigenous Sami 
parliament in the northern part of the country contended on Facebook 
that there was no evidence the Holocaust happened and that Jews were 
responsible for war crimes in Russia. Government leaders from across 
the political and geographic spectrum condemned his statements, 
although the law did not permit excluding him from serving as an 
independent deputy representative in the Sami parliament before his 
term as an elected official ended. In an unrelated incident during the 
year, one caricature appearing in a major newspaper minimized the 
Holocaust by depicting Gaza as a Nazi concentration camp.
    On April 20, in an op-ed in the country's leading newspaper, 
prominent Norwegian author Jostein Gaarder apologized for his 
controversial 2006 article entitled ``God's Chosen People.'' He 
acknowledged the article could have been interpreted as anti-Semitic, 
although that had not been his intention, he said. In his apology, 
Gaarder emphasized that ``We must never express ourselves so that 
legitimate criticism of the government of Israel's policies can in any 
way be confused with an illegitimate and in every way intolerable 
hatred of Jews or Judaism.'' Before publishing the April piece, Gaarder 
engaged in a dialogue with Jewish community leaders, who said they 
welcomed his initiative and apology.
    On June 7, the Oslo municipality reported that one out of every 
three Jewish pupils in secondary schools (grades 8-10) has experienced 
anti-Semitism in Oslo secondary schools, while more than half of the 
students surveyed (52 percent) said they had heard the word ``Jew'' 
used as an insult at school. The impetus for the survey was a March 
2010 NRK news program, which highlighted increasing anti-Semitic 
attitudes and incidents of harassment or bullying of Jewish students in 
Norway's schools. The Oslo study determined that the extent of bullying 
appeared to relate to the quality of the individual teacher's 
leadership and the learning environment. In response to the findings, 
the federal minister of education pledged six million kroner (one 
million dollars) to train teachers to combat anti-Semitism in schools 
nationwide and to include anti-Semitism as a stand-alone topic in 
national and local school curricula. In the fall, the Oslo municipality 
began including anti-Semitism in its school curriculum.
    There were some reports of anti-Semitic conspiracy theories in 
mainstream newspapers, both in a feature article and in letters to the 
editor, either suggesting (the article) or alleging outright (the 
letters) that Jews control the U.S. government.
    The government continued to support organizations working to combat 
racism, discrimination, and anti-Semitism, including the White Buses 
foundation, which took students from Norway to the Auschwitz 
extermination camp in Poland and other Nazi concentration camps to 
educate them about the Holocaust. In January the government pledged 
three million kroner ($500,000) to the Center for Studies of the 
Holocaust and Religious Minorities in Oslo to conduct a national survey 
on anti-Semitism. The study was scheduled to be completed in 2012. 
During the year, the government also announced a grant of 200,000 
kroner ($33,300) to the Jewish community in Oslo to document members' 
experiences with anti-Semitism in the country and to survey membership 
trends. The government also granted 50,000 kroner ($8,300) toward a 
teaching project at the Oslo Jewish Museum.
    On June 14-15, the Norwegian Jewish community hosted a conference 
on anti-Semitism entitled, ``Norway, Israel and the Jews: Myths and 
Realities.'' The conference consisted of roundtable discussions with 
Norwegian editors, journalists, politicians, religious and minority 
leaders, and academics, and included a debate on when anti-Israel 
comments cross the line to anti-Semitism. The Norwegian Ministry of 
Foreign Affairs supported the conference, both financially and through 
active participation.

    Trafficking in Persons.--See the Department of State's annual 
Trafficking in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, and the provision of other state 
services, and the government effectively enforced these provisions. The 
law applies generally to all persons with disabilities without 
enumerating specific types of disabilities. It mandates access to 
public buildings, information, and communications for persons with 
disabilities. The MCESI and the State Council on Disability share the 
responsibility to protect the rights of persons with disabilities. The 
State Council served as an advisory body for the MCESI, which 
coordinated national policy, and managed the social benefits system for 
persons with disabilities. All educational institutions are required to 
have an appointed contact person for students with disabilities as well 
as a plan of action to include this group of students.

    National/Racial/Ethnic Minorities.--On July 22, rightwing extremist 
Anders Behring Breivik detonated a large improvised explosive device 
(IED) next to government buildings that housed many ministries and the 
prime minister's office, killing eight persons and injuring scores. 
After detonating the IED, Breivik drove to a Labor Party youth camp on 
the island of Utoya outside of Oslo and shot and killed 69 persons 
(mostly youths) and injured many others. Shortly before the attack, 
Breivik posted a manifesto on the Internet in which he accused the 
Labor Party of treason for, among other things, encouraging 
multiculturalism, feminism, and Muslim immigration.
    The Center against Racism reported that, in the hours after the 
attack and before the perpetrator's identity was established, some 
immigrants and Muslims in Oslo reported being harassed, spat upon, 
yelled at, or chased. The government responded to the July 22 attacks 
by calling for ``more democracy, more openness, and more humanity.'' 
Commentators noted that, in the months following the attack, there was 
a greater feeling of inclusiveness towards all members of society.
    In a year in which there were few reports of racial profiling by 
police, media reported that a Ugandan researcher with the International 
Panel on Climate Change was stopped and searched by Oslo police in 
October. The police officer reportedly apologized on the spot, saying 
he searched the man because his behavior was suspicious, not because he 
was African. The Oslo Police District subsequently sent a letter of 
apology. There were increasing instances of stigmatizing and hostile 
rhetoric against immigrants and Muslims during the year, particularly 
on the Internet. KRIPOS maintained a Web page for the public to contact 
police regarding online hate speech. In 2008, the latest date for which 
figures were available, KRIPOS reportedly received 160 complaints about 
racism and racist expressions on the Internet, but none led to further 
investigation or action by authorities.
    In its concluding report on the country this year, CERD expressed 
concern over racist views by extremist groups on the Internet and by 
some representatives of political parties, ``which constitute hate 
speech and may lead to acts of hostility against certain minority 
groups.'' CERD also expressed concern over the lack of judicial 
statistics on the number of complaints, investigations, prosecutions, 
and condemnations regarding racist acts. After a Congolese-Norwegian 
woman was attacked violently December 12 and told to ``go back to where 
she came from,'' there were calls for police to do more to monitor and 
address hate crimes.
    Immigrants and their children sometimes had more difficulty finding 
employment than equally qualified ethnic Norwegians. As of August 30, 
the unemployment rate among immigrants was 6.5 percent, compared with 
3.3 percent among nonimmigrants, according to government statistics. 
African immigrants had the highest unemployment rate at 12.4 percent, 
followed by Asians at 8.2 percent, immigrants from eastern EU countries 
at 7.4 percent, and Central Americans at 6.3 percent.

    Indigenous People.--The 38,470 Sami living in the northern part of 
the country are Norway's indigenous people. According to media reports, 
on August 28, a study by the University of Tromso and Victorian Health 
Promotion Foundation concluded that 35 percent of Norwegian Sami have 
experienced race-based discrimination.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There were no impediments to 
organizations for lesbian, gay, bisexual, and transgender (LGBT) 
persons, and the police and other government agents did not perpetrate 
or condone violence against the LGBT community or individuals.
    After launching an information campaign in December to encourage 
registration of hate-crime incidents against LGBT persons, the National 
Association for LGBT persons received 20 reports of incidents on its 
Web site in one month, compared with 36 hate-crime incidents against 
LGBT persons registered in all of 2009.

    Other Societal Violence or Discrimination.--There were no media 
reports of societal violence against persons with HIV/AIDS. In contrast 
to 2010, there were no media reports of persons with HIV/AIDS facing 
discrimination by some dentists and medical personnel.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join independent unions of their 
choice without previous authorization or excessive requirements. The 
law allows unions to conduct their activities without government 
interference. All workers, including government employees and military 
personnel, have the right to organize and to bargain collectively. The 
law provides for the right to strike, except for military forces and 
senior civil servants, and workers exercised this right in practice. 
However, with the approval of parliament, the government may compel 
arbitration in all industrial sectors under certain circumstances, such 
as when a strike threatens the quality of health care or endangers 
public safety. The law prohibits antiunion discrimination.
    The government respected workers' freedoms of association, 
collective bargaining, and striking, and the workers exercised these 
rights in practice. The Labor Party, which leads the country's 
governing coalition, and the Norwegian Confederation of Trade Unions 
have common historical roots but are independent of each other. There 
were no reports that antiunion discrimination occurred during the year.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and the government 
enforced these provisions in practice. However, there were reports that 
persons were subjected to forced labor in the domestic service and 
construction sectors and that foreign children are subjected to forced 
begging and forced criminal activity, such as shoplifting and selling 
drugs. 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.--
Children 13 to 15 years of age may be employed up to 12 hours per week 
in light work that does not adversely affect their health, development, 
or schooling. Between the ages of 15 and 18, persons not in school may 
work up to 40 hours per week, while persons who remain in school may 
only work a number of hours that does not adversely affect their 
schooling, in fact substantially less than 40 hours.
    There are laws to protect children from exploitation in the 
workplace, and the government effectively enforced these laws. The 
Norwegian Labor Inspection Authority (NLIA), which is part of the 
Ministry of Labor and Social Inclusion, is the enforcement agency. In 
practice minimum age rules were observed, but children were trafficked 
for forced labor. Also see the Department of State's Trafficking in 
Persons Report at www.state.gov/j/tip.

    d. Acceptable Conditions of Work.--There is no legislated or 
administratively set minimum wage, although in practice there was a 
minimum wage in certain sectors. Wages are set in collective bargaining 
agreements negotiated by labor unions, employers, and the government. 
The usually biennial agreements may include minimum wage levels for 
specific sectors.
    The law limits the normal workweek to 37.5 hours and provides for 
25 working days of paid leave per year (31 days for workers over age 
60). The law mandates a 28-hour rest period on weekends and holidays. 
The law provides for premium pay of 40 percent of salary for overtime 
and prohibits compulsory overtime in excess of 10 hours per week. The 
law provides the same benefits for citizens and foreign or migrant 
workers with residency permits. The law forbids employment of foreign 
or migrant workers who do not have residency permits.
    The law provides for safe and physically acceptable working 
conditions for all employed persons. The NLIA, in consultation with 
nongovernment experts, set specific standards. Under the law, 
enterprises with 50 or more workers must establish environment 
committees composed of management, workers, and health personnel. All 
enterprises with 10 or more workers must have safety delegates, who are 
elected by the employees. Workers have the right to remove themselves 
from situations that endanger their health.
    The NLIA effectively monitored compliance with labor legislation 
and standards. There were reports, especially in the cleaning industry, 
of foreign workers' being underpaid or overworked beyond legally 
permissible limits. No data was available on whether workers exercised 
the right to remove themselves from situations that endanger their 
health in practice.

                               __________

                                 POLAND

                           EXECUTIVE SUMMARY
    Poland is a republic with a multiparty democracy. The bicameral 
National Assembly consists of an upper house, the Senate (Senat), and a 
lower house (Sejm). The president, the prime minister, the Council of 
Ministers, and the Sejm share executive power. The national assembly 
elections in October were considered free and fair. Prime Minister 
Donald Tusk, leader of the ruling Civic Platform Party, governed in a 
coalition with a smaller political party. Security forces reported to 
civilian authorities.
    Among the country's principal human rights problems were an 
inefficient judicial system and lengthy court procedures, which impeded 
the delivery of justice. During the year unknown persons carried out a 
number of attacks of symbolic vandalism against sites tied to the 
Holocaust or the German and Lithuanian ethnic minorities. There was 
also a substantial increase in government monitoring of phone locations 
and call logs without judicial review.
    Other human rights problems included government delays complying 
with decisions of the European Court for Human Rights (ECHR) and 
delayed restitution of private property. Defamation laws restricted 
freedom of speech and press by criminalizing speech, publications, and 
material on the Internet that insulted or defamed public officials. 
Societal problems included discrimination against women in the labor 
market; sexual exploitation of children; trafficking in persons; and 
discrimination and violence against ethnic minorities and lesbian, gay, 
bisexual, and transgender (LGBT) persons. Violations of workers' rights 
to organize and join unions and to strike and antiunion discrimination 
also occurred.
    The government generally enforced human rights and 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and the 
government generally respected these provisions. There were problems, 
however, with police misconduct and abuse of prisoners. The criminal 
code lacks a clear, legal definition of torture, which authorities did 
not report as a separate crime. The law outlines disciplinary actions 
for police, which include reprimand, demotion in rank, and dismissal.
    On July 12, the Council of Europe's Committee for the Prevention of 
Torture (CPT) issued a report on its visit to the country in 2009. 
During that visit the committee received a number of allegations of 
excessive use of force by police at the time of apprehension (e.g., 
kicks, punches, tight handcuffing). The mistreatment during questioning 
alleged by two detained persons was of such severity that it could be 
considered as amounting to torture (e.g., blows on the soles of the 
feet, the infliction of electric shocks on the genitals). The CPT 
stated that the investigations of such incidents were sometimes slow or 
delayed.
    On May 19, the trial court in Kwidzyn sentenced two police officers 
for police brutality in Prabuty in 2008. The officers received 
suspended two-year terms. Three other police officers and one civilian 
employee were sentenced to several months in prison (also suspended). 
The case against one police officer was dismissed.
    On August 1, the first medical unit for carrying out the forced 
chemical castration of convicted pedophiles opened in the town of 
Choroszcze near Bialystok. Under the law courts can decide whether 
offenders should undergo such treatment six months before their 
expected parole. Chemical castration is mandatory for an offender 
involved in incest or the rape of a person less than age 15. As of the 
end of September, there were no reports that judges ordered the 
chemical castration of any prisoners.
    On November 22, police suspended a police officer for kicking a 
participant in the November 11 Independence Day demonstrations. While 
there was no report of injury, prosecutors began an investigation into 
the case, and the police officer was under suspension at the end of the 
year.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards; however, 
prison medical staff vacancies and limited access to specialized 
medical treatment continued to be a problem. The government permitted 
monitoring visits by independent human rights observers. By the end of 
September, 95 prisoners, including 12 who committed suicide, had died 
in prison. Prisoners had access to potable water. Prisoners may file 
complaints with a prison ombudsman or the human rights ombudsman. Media 
report that authorities have expanded the use of electronic monitoring 
for nonviolent offenders. As of November 15, 1,556 people were serving 
sentences electronically monitored.
    As of November 30, government statistics indicated 81,991 persons, 
including pretrial detainees, were incarcerated in prisons and 
detention facilities with a capacity for 82,364 persons.
    As of November 30, approximately 2,598 prisoners (3 percent of the 
prison population) were women. Female prisoners were held either in 
dedicated detention facilities or in separate parts of joint 
facilities. As of October 20, there were 552 persons 18 years of age or 
younger (including three men who were age 16). While authorities 
generally separated juveniles from adults, in exceptional cases the law 
allows them to share housing in prisons and detention centers. 
Authorities usually sent juveniles (persons between the ages of 17 and 
21) accused of serious crimes to pretrial detention.
    As of November 30, according to the Central Prison Authority, there 
were 8,586 pretrial detainees, a decrease of almost 400 from November 
2010. The number of pretrial detainees has gradually decreased since 
2007.
    Pretrial detainees were often held in prisons pending trial, but in 
areas separate from convicts. Conditions for pretrial detainees were 
generally similar to those for prisoners but on occasion were worse due 
to overcrowding and poorer facilities resulting from court-mandated 
restrictions on where a prisoner should be located while awaiting 
trial.
    The country's criminal code sets the minimum cell size at 32 square 
feet per person, but prisoners may occupy smaller cells for a limited 
time. In the second quarter of the year, 30 detainees were in cells 
smaller than the legally mandated minimum, according to government 
statistics. On October 19, the Supreme Court decided that failure to 
provide the minimum cell size violates prisoners' rights.
    Prisoners and detainees had reasonable access to visitors and could 
participate in religious observance. Authorities permitted prisoners 
and detainees to submit complaints to judicial authorities without 
censorship and to request investigations of credible allegations of 
inhumane conditions. Prisoners exercised this right either directly 
with prison officials and the Justice Ministry, or indirectly through 
local nongovernmental organizations (NGOs) or the human rights 
ombudsman.
    The human rights ombudsman received 6,462 complaints from prisoners 
and relatives during the year, compared with 7,233 in 2010. Of these, 
21 percent dealt with treatment by prison authorities, 18 percent with 
prison conditions, 17 percent with medical treatment, and 12 percent 
with contact with the outside world.
    Authorities investigated credible allegations of inhumane 
conditions and documented the results of such investigations in a 
publicly accessible manner. At the request of the justice ministry, the 
human rights ombudsman administers the national preventive mechanism to 
investigate and monitor prison and detention center conditions. The 
office of the ombudsman publishes its findings and a summary of the 
recommendations it made to relevant authorities in an annual report.
    The government allowed independent monitoring of prison conditions 
and detention centers on a regular basis by the human rights ombudsman. 
The ombudsman can join proceedings in civil and administrative courts 
on behalf of prisoners and detainees, either when they have filed a 
complaint or when information otherwise leads to an allegation of 
inhumane conditions. During the year the ombudsman visited 29 prison 
and detention facilities, including pretrial and juvenile detention 
centers, as well as guarded centers for asylum seekers. The CPT listed 
prison overcrowding, poor medical care, mistreatment of prisoners by 
police officers, and the lack of a developed system of legal aid as the 
main problems affecting the country's prisons and detention facilities.

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

    Role of the Police and Security Apparatus.--The police force is a 
national law enforcement body with regional and municipal units 
overseen by the Minister of Internal Affairs. The Internal Security 
Agency (ABW) has responsibility for investigating and combating 
organized crime, terrorist threats, and proliferation of weapons of 
mass destruction. The Central Anticorruption Bureau (CBA) is 
responsible for combating government, business, and financial 
corruption. Both agencies report directly to the prime minister. The 
military has law enforcement responsibilities only for its own 
facilities.
    Civilian authorities maintained effective control over the security 
forces, and the government had effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the security forces during the year.

    Arrest Procedures and Treatment While in Detention.--In most cases 
the constitution and the law require authorities to obtain a court 
warrant based on evidence to make an arrest, and authorities generally 
complied with the law in practice. The constitution and the law allow a 
person to be detained 48 hours before authorities must file charges and 
an additional 24 hours for the court to decide whether to order 
pretrial detention. Authorities must promptly inform detainees of the 
charges against them. Detained persons may appeal the legality of their 
arrest, and this right was respected in practice. There was a 
functioning bail system, and most detainees were released on bail. 
Detainees have the right to counsel; the government provided free 
counsel to indigent defendants. Defendants and detainees have the right 
to consult an attorney at any time.

    Pretrial Detention.--The constitution prohibits detention for 
longer than 48 hours without specification of charges by a court. The 
law permits authorities to detain persons charged with a crime for up 
to three months. The CPT reported most juveniles were transferred to a 
remand facility within 72 hours of detention. A court may extend 
pretrial detention every six to 12 months, but the law specifies that 
the total time in detention may not exceed two years (in certain 
complex cases, the court may petition the Supreme Court for an 
extension beyond two years); however, in practice detention was 
frequently extended beyond two years.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice; however, the judiciary remained inefficient 
and did not enjoy public confidence.
    Military courts, supervised by the minister of justice, have 
jurisdiction over crimes committed by military personnel while on duty. 
Military defendants enjoy the same rights as civilians.
    The court system remained cumbersome, poorly administered, and 
inadequately staffed. The NGO Helsinki Human Rights Foundation 
described the judicial system as improperly structured and inefficient, 
with a poor division of labor between different courts. In addition 
cumbersome hiring procedures have created many vacancies among judges 
and support staff, further slowing the justice system. According to the 
General Prosecutor's Office, while the overall number of prosecutors 
was large (5,964), the number of prosecutors dealing with criminal 
offenses was inadequate. Some progress was reported in the 
computerization of the court system, but a continuing backlog of cases 
and the high cost of legal action deterred many citizens from using the 
justice system.
    E courts exist to adjudicate simple cases, which typically involve 
unpaid utility bills. A party files a claim on the e court's Web site 
for civil pecuniary claims, and a judge can issue a writ of payment 
based on this electronic submission. Commercial and labor claims are 
eligible for adjudication by an e court although nonpecuniary and 
family law claims are not. Defendants who dispute the judgment are 
referred to a regular court for trial. On April 6, Justice Minister 
Krzysztof Kwiatkowski reported that, after 15 months of operation, the 
e court had dealt with more than 900,000 cases of the one million 
submitted. However, according to media reports, the e court was 
thereafter flooded with additional cases, and as of September 21, as 
many as 350,000 cases were pending.

    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 and must be present during 
trial. Trials are usually public; however, the courts reserve the right 
to close a trial in some circumstances, including divorce proceedings, 
cases involving state secrets, and cases whose content may offend 
public morality. The law provides for juries, usually composed of two 
or three individuals appointed by local officials. In regional and 
provincial courts, a panel of one judge and two lay assessors try 
cases. Defendants may consult an attorney provided to the indigent 
without cost, confront and question witnesses, present witnesses and 
evidence, and have access to government-held evidence. Prosecutors can 
grant witnesses anonymity if they express fear of retribution from 
defendants.
    After a court issues a verdict, a defendant has seven days to 
request a written statement of the judgment; courts must respond within 
seven days. A defendant has the right to appeal a verdict within 14 
days of the response. A two-level appeal process is available in most 
civil and criminal matters.
    Individuals can and did file complaints against the government with 
the European Court of Human Rights (ECHR) regarding trial delays, the 
right to a fair trial, and the lack of due process.

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

    Regional Human Rights Court Decisions.--On January 26, the 
Parliamentary Assembly of the Council of Europe cited nine states, 
including Poland, for ``worrying delays'' in implementing ECHR orders. 
In the nine countries, the ECHR repeatedly found violations of the 
European Convention for Human Rights that seriously undermined the rule 
of law. The Committee of Ministers of the Council of Europe registered 
760 complaints against Poland regarding improper implementation in the 
national legal system of the ECHR's judgments.
    According to the Helsinki Human Rights Foundation, the government 
mostly complied with ECHR judgments in cases that affected a large 
number of persons and in cases of particular legal importance in which 
systematic or legislative changes were required. The foundation claimed 
the government complied less often with decisions that did not attract 
media attention or were difficult to implement for political reasons, 
for example, ones involving reproductive rights or teaching ethics in 
schools.

    Civil Judicial Procedures and Remedies.--Individuals or 
organizations may seek civil remedies for human rights violations. They 
can and did appeal to the ECHR decisions involving alleged violations 
by the state of the European Convention on Human Rights after they had 
exhausted avenues of appeal through domestic courts. However, the 
government's implementation of court orders, particularly for payment 
of damages, remained slow, cumbersome, and ineffective. Changes to 
civil procedures placed speed and efficiency ahead of individual 
rights, and the limited number of attorneys made it expensive to 
exercise the right to legal counsel.
    The primary objective of the Justice Ministry's Human Rights 
Department is to promote human rights standards throughout the justice 
system. The department also responds administratively to allegations of 
human rights violations, including excessively long trials, excessive 
use of pretrial detention, and prison overcrowding. According to the 
Helsinki Human Rights Foundation, the department was particularly 
successful in promoting knowledge about ECHR verdicts by translating 
them into Polish, posting them on the ministry's Web site, and 
distributing them to domestic courts.

    Property Restitution.--The law provides for restitution of communal 
property seized during the Communist and Nazi eras, although the 
process proceeded very slowly during the year. There is no 
comprehensive law on returning or compensating for privately held 
property confiscated during those periods. Although President Bronislaw 
Komorowski publicly called for passage of private property restitution 
legislation early in the year, the government announced on March 10 
that it would not pursue such a bill for budgetary reasons.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits most such actions; however, the 
government did not always respect these prohibitions in practice.
    The law allows electronic surveillance for crime prevention and 
investigation. There was neither independent judicial review of 
surveillance activities nor any control over the use of information 
obtained by monitoring private communications. A number of government 
agencies had access to wiretap information. In 2010, the last year for 
which statistics were available, the Office for Electronic 
Communications reported that law enforcement agencies requested access 
to telecommunication data 1.3 million times, 300,000 more than in 2009. 
Legislation gives agencies broad access to such data without requiring 
specific grounds for it. On January 17, the ombudsman appealed to the 
prime minister to revise the law, arguing that such easy access to 
telecommunications data violates the constitution and the European 
Convention for Human Rights. On June 29, in a complaint to the 
Constitutional Court, the ombudsman questioned the legality of the 
vague provisions that give nine special services a broad right to 
wiretap individuals' telephone conversations. On August 1, the 
ombudsman questioned the legality of provisions which give law 
enforcement agencies and special services broad access to phone 
records. On December 11, the Prosecutor General agreed with the 
ombudsman's complaint that the powers granted to law enforcement and 
special services violate the rule of law and infringe upon 
constitutional guarantees of individual rights. At the end of the year 
the case remained before the Constitutional 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; 
however, in practice laws restricted these freedoms. The government and 
courts have either upheld or instituted laws that criminalize 
defamation by individuals and the media, and limit editorial 
independence.

    Freedom of Speech.--Defamation includes publicly insulting, 
slandering, or libeling members of parliament, government ministers, or 
other public officials, as well as private entities and persons. 
Defamation outside the media is punishable by a fine and community 
service. On July 7, the Constitutional Court ruled that the maximum 
sentence of three years' imprisonment for insulting the president was 
constitutional. Maximum penalties were rarely applied; persons found 
guilty of defamation generally only faced fines. According to Ministry 
of Justice statistics for 2010, the last year for which statistics are 
available, no one was convicted for defamation of the president, but 
three persons were convicted for insulting constitutional organs of the 
state. Of the 187 people convicted of public defamation in 2010, 143 of 
them committed defamation outside the media.
    On September 8, the appeals court in Wloclawek sentenced a 19-year-
old student to 20 hours of community service for writing a vulgar 
antigovernment slogan on his school building.
    On May 17, police detained soccer fans for hanging an offensive 
poster that criticized Prime Minister Donald Tusk and shouting insults 
about him. The fans were protesting Tusk's decision to respond to 
soccer hooligan violence by closing some stadiums in May. The fans were 
required to pay administrative fines ranging from 500 to 1,000 zloty 
($155 to $320).
    The law prohibits hate speech, including dissemination of anti-
Semitic literature and the public promotion of fascist, communist, or 
other totalitarian systems. On July 19, however, the Constitutional 
Court ruled that the parts of the provision dealing specifically with 
the production and storing of Communist materials for distribution were 
unconstitutional.

    Freedom of Press.--Defamation carried out through the mass media is 
punishable by imprisonment for up to one year. In 2010, the last year 
for which statistics were available, 44 persons were convicted of 
committing criminal defamation in the mass media and fined. Available 
information indicated this number included politicians pressing charges 
against each other, academics and experts who gave interviews or wrote 
articles for the media, and a few journalists. In May investigative 
journalist Jerzy Jachowicz was fined 16,000 zloty ($5,000) for an 
article he published in 2007 about a former Communist secret service 
agent and his alleged connections with a Polish-American. In February 
journalist Dorota Kania was fined for publishing an article in 2007 
about the same person. Both journalists filed suits in the ECHR..

    Censorship or Content Restrictions.--The constitution provides for 
freedom of the press and social communication, and the right to acquire 
and disseminate information. It prohibits censorship of the press or 
social communication. The law prohibits, under penalty of fines, the 
promotion of activities that are against government policy, morality, 
or the common good; and requires that all broadcasts ``respect the 
religious feelings of the audiences and, in particular, respect the 
Christian system of values.'' In practice the government rarely 
enforced this provision. The law also places some limits on editorial 
independence, for example, by specifying that journalists must verify 
quotes and statements with the person who made them before publication.
    The National Radio and Television Broadcasting Council, a five-
member body appointed by the National Assembly and the president, is 
responsible for protecting freedom of speech and has broad power to 
monitor and regulate programming, allocate broadcasting frequencies and 
licenses, apportion subscription revenues to public media, and impose 
financial penalties on broadcasters. While council members are required 
to suspend their membership in political parties and public 
associations, critics asserted that the council remained politicized. 
The president and the Sejm each select two members, and the Senate 
selects one member.
    On October 4, the district prosecutor in Gdynia appealed the August 
18 acquittal of heavy metal singer Adam Darski by the Gdynia district 
court. He was charged with offending religious feelings for tearing up 
a Bible and referring to the Roman Catholic Church as a ``criminal 
sect'' during a 2007 concert.
    On August 11, the Warsaw Appeals Court upheld the 2009 decision of 
the National Radio and Television Broadcasting Council to fine the 
private television station TVN 471,000 zloty ($147,000) for 
broadcasting a talk show in 2008 during which participants placed the 
national flag in dog excrement. The court stated that the show promoted 
the desecration of the national flag.

    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 usually engage in the 
expression of views via the Internet, including by e mail. However, the 
law against defamation, which restricts freedom of speech, applies to 
the Internet as well.
    On May 20, ABW agents raided the apartment of a student who ran the 
satirical Web site www.antykomor.pl based on charges of publicly 
insulting the president. The Web site mocked President Komorowski and 
allowed visitors to throw virtual objects like hammers or dog excrement 
at the president's image. The agents searched the student's house and 
seized his laptop and hard drives. On June 9, a court in Tomaszow 
Mazowiecki ruled that the prosecutor's decision to order ABW to search 
the apartment was legal. On July 11, the district prosecutor in Sieradz 
refused to initiate an investigation into the abuse of powers by ABW 
and the local prosecutor.

    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 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 law provides for 
the granting of asylum or refugee status, and the government has 
established a system for providing protection to refugees.

    Safe Country of Origin/Transit.--The law permits denial of refugee 
status based on safe country of origin or safe country of transit; 
however, the law also includes provisions to consider the protection 
needs of individuals with exceptional cases.

    Nonrefoulement.--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.

    Refugee Abuse.--There were occasional reports of problems in the 
country's 13 detention centers for asylum seekers, which were located 
in the Warsaw, Bialystok, and Lublin areas and had a capacity of 
approximately 2,600 persons. The UNHCR reported no major or persistent 
problems in the centers, but asylum seekers complained about lack of 
access to medical specialists.

    Employment.--Persons granted asylum or refugee status had the right 
to work. However, Amnesty International reported they experienced 
difficulties finding jobs, due in part to poor integration programs.

    Access to Basic Services.--According to UNHCR, conditions in 
refugee centers were modest but met necessary requirements. Access to 
basic medical care was satisfactory, although asylum seekers complained 
about access to specialist medical care. Refugees also experienced 
language and cultural barriers and had limited access to higher 
education.

    Temporary Protection.--Until November 24, the government provided 
temporary protection to individuals who may not qualify as refugees and 
provided it to 282 persons, compared with 439 persons in 2010. Persons 
with temporary status also had the right to work, received social 
assistance, and participated in the government's integration programs.
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 
parliamentary elections held on October 9 were considered free and 
fair. On December 14, the Supreme Court declared the elections valid, 
finding that the isolated cases of violations did not influence the 
outcome of the elections. The Office of Democratic Institutions and 
Human Rights (ODIHR) of the Organization for Security and Cooperation 
in Europe wrote in its report that the elections were pluralistic and 
democratic, with a high degree of public confidence in all stages of 
the election process.

    Participation of Women and Minorities.--On March 3, a new gender-
parity law which mandates that one gender represent no more than 65 
percent of the spots on political parties' election lists entered into 
force; it was applied for the first time during the October 9 
parliamentary elections.
    Following the October 9 elections, there were 111 women in the 460-
seat Sejm and 13 in the 100-seat Senate. There were four women in the 
20-member Council of Ministers. In addition, 16 women held ministerial-
level positions. Eleven of the country's 51 members of the European 
Parliament were women.
    In the October 9 elections, the second member of parliament of 
African descent, as well as the first transgender and first openly gay 
member of parliament won seats in the Sejm. There were no members of 
minorities in the cabinet. The law exempts parties of historic ethnic 
minorities, including Belarusian, Czech, Lithuanian, German, Armenian, 
Russian, Slovak, Ukrainian, and Jewish parties from the requirement 
that they must receive 5 percent of the vote nationwide to qualify for 
seats in individual districts. Based on this exemption, there was one 
member of the Sejm (representing the German minority in Silesia) and 
none in the Senate.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not always implement these laws 
effectively, and officials sometimes engaged in corrupt practices. 
Several government bodies, including the prime minister's 
plenipotentiary for the prevention of irregularities in public 
institutions and the CBA, were responsible for combating corruption. 
The CBA has broad powers to audit the financial holdings of public 
officials and fight corruption in public procurement. It also has 
authority to conduct searches, secretly videotape, and tap telephone 
conversations as well as to make arrests.
    According to local and international NGOs, the level of corruption 
has decreased. World Bank governance indicators showed that, although 
corruption was remained a problem, indicators have improved since 2007. 
Citizens continued to believe that political parties and members of the 
legislative branch, the health care system, and the judiciary were the 
most corrupt.
    There were no new, high-profile cases of government corruption, 
although there were developments in cases from previous years. On May 
9, Walbrzych mayor Piotr Kruczkowski resigned following the decision of 
the district court in Swidnica on April 28 to annul the second round of 
the 2010 local government elections in Walbrzych because of vote 
buying. On September 2, a new trial began in the case of two 
individuals charged with attempting to bribe a former agriculture 
minister and deputy prime minister. The new trial came after an appeals 
court overturned the 2009 Warsaw Circuit Court's conviction of the two.
    Financial disclosure laws oblige public officials to submit 
financial statements about financial assets, real property, stocks and 
bonds owned by the person and his or her spouse.
    The constitution and the law provide for public access to 
government information, and in practice the government generally 
provided access to citizens and noncitizens, including foreign media. 
By law government refusal of information requests must be based on 
exceptional circumstances related to government secrets, personal 
privacy, and proprietary business data. Refusals may be appealed.
    On September 25, the president signed a new law restricting public 
access to certain government information. The law allows the government 
to restrict access to protect ``important economic interests of the 
state,'' including the country's negotiating positions in the 
international arena. The revision of the law was strongly criticized by 
local human rights NGOs and opposition parties, which argued that the 
new provisions are so general and imprecise that they may lead to 
unjustified limitation of 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 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--The country's independent human 
rights ombudsman presents an annual report to the Sejm on the state of 
human rights and civic freedom in the country. The ombudsman generally 
had adequate resources, enjoyed the government's cooperation, and was 
considered effective. In 2010, the most recent year for which 
statistics were available, the human rights ombudsman reported 
receiving 56,641 cases, a decrease of 8,567 from 2009.
    Both chambers of the National Assembly have committees on human 
rights and the rule of law. The committees serve a primarily 
legislative function and are composed of representatives from multiple 
political parties.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination in political, social, and 
economic life ``for any reason whatsoever.'' The law prohibits 
discrimination based on race, gender, disability, language, or social 
status, and the government generally enforced these prohibitions. On 
January 1, a new antidiscrimination law entered into force that 
prohibits discrimination on the grounds of race, ethnic origin, 
nationality, religion, belief, opinion, disability, age, or sexual 
orientation. The new law requires the ombudsman to monitor 
implementation of the principles of equal treatment, support victims of 
discrimination, and carry out independent research. Ombudsman Irena 
Lipowicz publicly stated, however, that her office did not have enough 
funding to monitor discrimination and would struggle to fulfill its 
additional duties.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal and punishable by up to 12 years in prison. According to 
national police statistics, during the first half of the year there 
were 688 reported cases of rape. However, NGOs estimated that the 
actual number of rapes was much higher because women often were 
unwilling to report rape due to social stigma. During the same period, 
police forwarded 509 possible rape cases to prosecutors and 55 to 
family court (for underage offenders) for indictment.
    On March 25, the president signed into law a revision of the 
criminal code that introduced a punishment for stalking, with a term of 
up to 10 years in prison.
    In March the Lodz Appeals Court reduced the sentence for former 
Sejm deputy Stanislaw Lyzwinski from five years' imprisonment to three 
years and six months for rape, repeatedly forcing four women to have 
sex, abetting a kidnapping, and extortion.
    On October 21, the regional court in Ostroda began the trial of 
former Olsztyn mayor Czeslaw Malkowski on charges of rape, attempted 
rape, and sexual harassment of his female employees. The charges 
resulted from an almost three-year-long investigation of Malkowski, who 
was charged in 2008 with the sexual harassment of two female employees 
and the rape of a third.
    Domestic violence against women continued to be a serious problem. 
Observers attributed an increase in the number of reported cases to 
heightened police awareness, particularly in urban areas, as a result 
of media campaigns and NGO efforts. While courts can sentence a person 
convicted of domestic violence to a maximum of five years in prison, 
most convictions resulted in suspended sentences. The law provides for 
restraining orders on spouses to protect against abuse; prosecutors 
have the authority to issue restraining orders without a court's prior 
approval, but police do not have the authority to issue immediate 
restraining orders at the scene of an incident.
    During the first half of the year, police identified 9,401 cases of 
domestic violence. Of these, 8,446 were forwarded for prosecution. 
During the first six months of the year, police reported that officers 
conducted 38,779 interventions related to domestic violence. According 
to prison authorities, at the end of the year, 5,191 individuals were 
serving prison sentences for domestic violence crimes.
    According to some women's organizations, the number of women 
affected by domestic abuse was underreported, particularly in small 
towns and villages. The Women's Rights Center reported that police were 
occasionally reluctant to intervene in domestic violence incidents if 
the perpetrator was a member of police or if victims were unwilling to 
cooperate.
    Centers for domestic violence victims operated by NGOs provided 
counseling for offenders and training for personnel who worked with 
victims. The government provided victims and families with legal and 
psychological assistance and operated 220 crisis centers and nine 
shelters for pregnant women and mothers with small children. In 
addition, 35 specialized centers were operated by local governments and 
funded by the government's National Program for Combating Domestic 
Violence. The centers provided social, medical, psychological, and 
legal assistance to victims and ``corrective education'' programs for 
abusers. In 2010, the last year for which statistics were available, 
the government allocated approximately 12.2 million zloty ($3.8 
million) for the centers' operating costs.
    The government also spent 3.9 million zloty ($1.2 million) during 
the year on programs to combat domestic violence. They were primarily 
corrective-education programs for abusers and training for social 
workers, police officers, and specialists who were the first contacts 
for victims of domestic violence. In addition the Ministry of Labor and 
Social Policy spent 330,000 zloty ($105,000) to organize a conference 
on domestic violence, a national public awareness campaign, and 
research on the problem of domestic violence. Regional governments 
spent almost 2.6 million zloty ($825,000) on training for first 
responders.

    Sexual Harassment.--The law prohibits sexual harassment. Persons 
convicted of sexual harassment may be sentenced up to three years in 
prison. The labor code defines sexual harassment as discriminatory 
behavior in the workplace, including physical, verbal, and nonverbal 
acts, violating an employee's dignity.
    According to the Women's Rights Center, sexual harassment continued 
to be a serious and underreported problem. Many victims did not report 
abuse or withdrew harassment claims in the course of police 
investigations due to shame or fear of losing their job. However, the 
media reported on certain high profile cases of sexual harassment. 
During the first six months of the year, police reported 32 cases of 
sexual harassment, compared with 52 cases during the first six months 
of 2010.

    Reproductive Rights.--Although the government generally recognized 
the basic right of couples and individuals to decide freely and 
responsibly the number, spacing, and timing of their children, some 
restrictions existed. While there were no restrictions on the right to 
obtain contraceptives, religious, social, and economic factors limited 
their use, according to a local NGO, the Federation for Women and 
Family Planning. Prescription contraceptives were not included on the 
government list of subsidized medicines, which made them cost-
prohibitive relative to average household income. The law does not 
permit voluntary sterilization. Health clinics and local health NGOs 
were permitted to provide information on family planning, including 
information about contraception, under the guidance of the Ministry of 
Health.
    In June 2010 the U.N. special rapporteur on health issues, Anand 
Grover, cited serious impediments to women's access to certain 
reproductive health services, such as contraception and prenatal 
testing. Grover called for the provision of unbiased sexual education 
and better funding for contraceptives.

    Discrimination.--The constitution provides for equal rights for men 
and women in family law, property law, and in the judicial system; 
however, in practice there were few laws to implement this provision. 
Women held lower-level positions, frequently received lower pay than 
men for equivalent work, were fired more readily, and were less likely 
to be promoted.
    On January 26, the Web site www.wynagrodzenia.pl reported a large 
discrepancy in the average salaries of men and women in a national 
survey of 2010. The survey found that women's salaries were on average 
approximately 33 percent lower than men's salaries.
    The prime minister maintains a plenipotentiary for equal treatment 
with a mandate to counter discrimination and promote equal 
opportunities for all. Some women's rights groups and international 
organizations complained, however, that the position was neither 
sufficiently resourced nor sufficiently independent from government 
influence to fulfill its mandate. The Ministry of Labor and Social 
Policy continued to promote gender mainstreaming in the labor market, 
including providing support for the Polish Women's Congress and funding 
public awareness campaigns.

    Children.--Birth Registration.--Citizenship is acquired at birth if 
at least one parent is a citizen regardless of where the birth took 
place. Children born or found in the country with parents of unknown or 
stateless origin are also citizens. The government has in place a 
system of universal birth registration immediately after birth.

    Child Abuse.--Incidents of child abuse were reported; however, 
convictions for abuse were rare. The constitution and the law prohibit 
violence against children and provides for prison sentences ranging 
from three months to five years.
    A government ombudsman for children's rights issued periodic 
reports on problems affecting children, such as pedophilia on the 
Internet, improving access to public schools for children with 
disabilities, and providing better medical care for children with 
chronic diseases. The ombudsman's office also operated a 24-hour 
hotline for abused children. In 2010, the last year for which 
statistics were available, the ombudsman received 19,665 complaints of 
infringements of children's rights under the country's laws, an 
increase of 5,205 from 2009. Of that number, almost 40 percent related 
to the right to be brought up in a family and cited such factors as: 
limitation of parental rights because of a divorce and the need for 
better support for foster families, 23 percent to the right to 
protection against abuse and exploitation, 11 percent to the right to 
education, and 9 percent to the right to adequate social conditions.

    Sexual Exploitation of Children.--The law prohibits sexual 
intercourse with minors younger than 15. The penalty for a conviction 
of statutory rape ranges from two to 12 years' imprisonment. Child 
pornography is also illegal. The production, possession, storage, or 
importation of child pornography is punishable by imprisonment for a 
period of three months to 10 years. According to the Ministry of 
Justice, 728 persons were convicted in 2010 of sexual intercourse with 
persons younger than age 15, and 25 persons were convicted of pimping 
with the involvement of a minor.
    During the year police arrested 251 persons and confiscated 
computers and pornographic materials in two large, nationwide 
operations against child pornography and pedophiles. However, 
difficulty in meeting legal evidentiary standards led to few 
convictions in these cases.
    According to the government and the Nobody's Children Foundation, a 
leading NGO dealing with trafficking in children, trafficking in 
children for sexual exploitation remained a problem.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--The Union of Jewish Communities estimated that the 
Jewish population numbered approximately 20,000. During the year a 
series of anti-Semitic incidents occurred in the northeastern and 
eastern parts of Poland, often involving desecration of symbolically 
significant property or places tied to the Holocaust. Synagogues and 
Jewish cemeteries were also targets of vandalism.
    On August 31, the monument in the town of Jedwabne commemorating 
the mass killing of Jews burned alive by their Polish neighbors during 
World War II was defaced with Nazi swastikas and SS signs. The wall 
around the monument was covered with the words, ``I don't apologize for 
Jedwabne!'' and ``They were easy to burn.'' On September 18, 
unidentified persons painted a swastika on the car of a historian 
specializing in Holocaust issues who worked at the Majdanek 
concentration camp museum near Lublin.
    High-level government officials, including President Komorowski and 
Foreign Minister Radoslaw Sikorski, denounced anti-Semitic acts and 
supported tolerance, education, and interfaith dialogue. On September 
8, the Prosecutor General's Office announced that it would monitor 
investigations into the anti-Semitic and xenophobic incidents that took 
place in the northeastern Podlaskie region. The governor of the region 
also denounced the incidents. Investigations into these incidents 
continued.
    On May 10, the Warsaw prosecutor's office initiated a criminal 
investigation into the defamation of Foreign Minister Sikorski 
involving anti-Semitic comments posted on the Internet about his 
family.
    During the year anti-Semitic behavior sometimes occurred at 
sporting events. In April the Polish antiracism ``Never Again'' 
Association and the Ukrainian Football without Prejudices organization 
issued a report documenting 36 anti-Semitic incidents during soccer 
games between September 2009 and March 2011. On September 30, soccer 
fans of the Warsaw Legia team displayed a large ``Jihad Legia'' banner 
during a match against the Israeli Hapoel Tel Aviv team. The Warsaw 
prosecutor's office subsequently declined to investigate the case on 
the grounds that displaying the banner was not a crime.
    On May 30, the district prosecutor in Rzeszow indicted four soccer 
fans on charges of slandering Jewish persons in connection with the May 
2010 incident involving fans' holding up a large banner with a Jewish 
caricature and an anti-Semitic slogan during a match in Rzeszow. On 
March 14, a trial opened against two other fans in the District Court 
of Rzeszow. The trials continued at year's end; each of the fans faced 
up to three years' imprisonment if convicted.

    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 government restricts the right 
of persons with certain mental disabilities to vote or participate in 
civic affairs. The government effectively enforced these provisions; 
however, there were reports of some societal discrimination against 
persons with disabilities.
    The law states that buildings should be accessible for persons with 
disabilities, and at least three laws require retrofitting of existing 
buildings to provide accessibility. Public buildings and transportation 
generally were accessible.
    The Ministry of Labor and Social Policy is responsible for 
disability-related matters. During the year the government 
plenipotentiary for persons with disabilities organized training 
sessions for central and local government officials to encourage them 
to hire persons with disabilities. The state fund for rehabilitation of 
persons with disabilities continued a nationwide campaign encouraging 
companies to employ them. The fund granted money to NGOs to organize 
media campaigns on the rights of disabled persons.

    National/Racial/Ethnic Minorities.--The constitution gives ethnic 
groups who have been living on the territory of present-day Poland for 
more than 100 years additional rights to preserve their own language, 
customs, and culture. The law defines nine as so-called ``national 
minorities'' (Belarusian, Czech, Lithuanian, German, Armenian, Russian, 
Slovak, Ukrainian, and Jewish) and four ``ethnic minorities'' (Karaim, 
Lemka, Roma, and Tatar). The law also contains several provisions 
against hate crimes and incitement to violence based on ethnic origin; 
however, government enforcement efforts were sometimes ineffective.
    Government agencies reported that their statistics did not show a 
rise in the total number of hate crimes. However, during the year there 
was a series of high-profile xenophobic incidents, including a number 
directed against symbolic places tied to Lithuanians and other minority 
groups. According to local NGOs, including Never Again, Open Republic, 
and the Helsinki Foundation for Human Rights, the incidents were more 
high profile and symbolic than in past years, but not necessarily more 
numerous. The government, while generally quick to denounce them on the 
national and sometimes local level, was generally unable to find the 
perpetrators of the incidents.
    NGOs, media, and academic experts believed that the incidents were 
likely linked to a rise in the numbers and activities of extreme 
nationalist groups. Extremist groups, while still small in number, 
maintained a public presence in high-profile marches and on the 
Internet. The neofascist group Red Watch updated its Web site several 
times with the names and contact information of persons it considered 
traitors to the white race, including politicians and journalists.
    On August 22, an unidentified arsonist set fire to the apartment of 
a Pakistani-Polish couple in the Podlaskie region's capital of 
Bialystok. The couple escaped unharmed. Media and NGOs classified the 
attack as a xenophobic act, but the government believed it was 
committed as part of a nonxenophobic neighbors' dispute.
    Ethnic Lithuanians and Germans were the targets of symbolic acts of 
vandalism. On August 22, unknown perpetrators covered 28 Lithuanian-
language signs in the Podlaskie region with the colors of the Polish 
flag and painted the insignia of the nationalist organization Falanga 
on a Lithuanian monument in a park. A day later, a monument to a 
Lithuanian poet was damaged. The governor of the Podlaskie province set 
up a special taskforce of police, the border guards, and the ABW to 
investigate the incidents. On October 14, vandals defaced a German 
community cultural center in Opole, one of a series of such incidents 
aimed against the German minority there.
    There were also scattered incidents of racially motivated violence 
including verbal and physical abuse directed at Roma and persons of 
African, Asian, or Arab descent. The Ukrainian and Belarusian 
minorities continued to experience petty harassment and discrimination.
    Societal discrimination against Roma continued. The 2002 national 
census recorded approximately 12,700 Roma, although the Romani 
community estimated the number to be much higher.
    There were reports that some local officials discriminated against 
Roma by denying them adequate social services. Romani leaders 
complained of widespread discrimination in employment, housing, 
banking, the justice system, the media, and education.
    In December 2010 some restaurants and clubs in Poznan denied entry 
to members of the Romani community. On February 22, the Poznan 
prosecutor refused to initiate a criminal investigation into these 
complaints, but two security guards who did not admit the Roma to a 
restaurant were charged with a petty offense and fined 1,000 zloty 
($310) each. The Roma Association appealed the case, and the prosecutor 
reopened it on April 14. The Roma Association reported that, despite 
government assistance programs, many Romani children did not attend 
public school. This was because of either financial constraints or 
fears that teachers would encourage assimilation and discourage 
traditional practices. However, according to the Ministry of the 
Interior and Administration, 2,764 of the 3,369 Romani children between 
the ages of six and 16 were enrolled in school in the 2009-10 school 
year, the latest data available. The association stated that 
inadequacies in Romani children's education made it impossible for Roma 
to escape their poverty. In October the association reported that many 
Romani children were placed in schools for children with mental 
disabilities, even though two-thirds were intellectually able to study 
in regular schools. Research by the Jagiellonian University in Krakow 
showed that the improper placement might have resulted from improper 
testing by psychologists. On May 31, the Ministry of Internal Affairs 
and Administration reported that in 2010, 16.8 percent of Romani 
children were placed in schools for children with mental disabilities.
    Approximately 80 percent of Roma were unemployed nationally, but 
levels of unemployment in some regions reached nearly 100 percent.
    The government allocated approximately 10 million zloty ($3.1 
million) to the annual program for Roma, which included educational and 
other projects to improve health and living conditions and reduce 
unemployment. The program also focused on civic education and provided 
grants for university and high school students.
    On July 29, the Sejm established August 2 as the official Roma and 
Sinti Genocide Remembrance Day. On the day, the Sejm joined the Romani 
and Sinti communities in commemorating the extermination of the Romani 
camp at Auschwitz-Birkenau in August 1944.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--NGOs, including the Helsinki 
Foundation for Human Rights, reported increasing acceptance of LGBT 
persons by society and the government. However, they stated that 
discrimination was still common in schools, the workplace, hospitals, 
and clinics. For example, LGBT persons were sometimes prevented from 
donating blood. During the year there were some reports of skinhead 
violence and societal discrimination against LGBT persons.
    NGOs maintained that few cases of discrimination against LGBT 
persons were actually reported. A survey conducted by the Campaign 
against Homophobia for the 2010 Hate Crime Report of ODIHR concluded 
that 92 percent of hate crime incidents against LGBT persons were not 
reported to police.
    On May 21, an estimated 400 persons took part in Krakow's seventh 
annual Equality March (formerly called the March for Tolerance) to call 
for an end to prejudice against gay men and lesbians. Police were 
unable to prevent scuffles between the marchers and approximately 100 
members of the nationalist group National Rebirth of Poland. Several 
journalists were caught in a scuffle involving tear gas and batons, and 
at least three participants were assaulted on the streets of the city 
center. Police detained 13 persons on charges of public disorder and 
one for attacking a police officer.
    On June 11, between 4,000 and 6,000 persons participated in 
Warsaw's 10th Equality Parade. A group of 500 counterdemonstrators from 
the National Radical Camp, the All-Poland Youth association, and fans 
of the Legia soccer team attempted to interrupt the event by shouting 
discriminatory slogans and throwing firecrackers at police officers and 
participants. According to police the parade and counterdemonstrations 
proceeded without any major incidents and no one was hurt.
    The prime minister's plenipotentiary for equal treatment monitors 
LGBT problems. LGBT groups criticized the plenipotentiary for making 
controversial statements about these problems and for not doing enough 
to combat discrimination against LGBT persons.

    Other Societal Violence or Discrimination.--During the first six 
months of the year, the government's AIDS Center reported one official 
incident of discrimination against a person with HIV/AIDS and a mental 
illness. The person was refused readmission to a state-funded home for 
persons with mental disabilities. The patients' rights ombudsman 
intervened and ordered the patient admitted to the home.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and the law provide that all workers, including 
civilian employees of the armed forces, police, and border guards, have 
the right to establish and join independent trade unions without 
previous authorization or excessive requirements. Foreign and migrant 
workers also have the right to unionize. The law allows unions to 
conduct their activities without interference. The constitution 
guarantees the right to organize workers' strikes or other forms of 
protest for trade unions, but specifies that for protection of public 
interest, specific laws may limit or forbid the conduct of strikes by 
specified categories of employees or in specific areas. Workers deemed 
to be in essential services, such as security forces, the Supreme 
Chamber of Audit, police, border guard, and fire brigades, do not have 
the right to strike. These workers have the right to protest and seek 
resolution of their grievances through mediation and the court system. 
The constitution guarantees freedom of association in trade unions, 
occupational organizations of farmers, and employers' organizations.
    The law obligates employers to notify the district inspection 
office in their region about a group dispute in the workplace. The law 
places some conditions on strikes: 50 percent of employees at the 
company and industry level need to vote in favor, and a strike cannot 
be called earlier than 14 days after the workers present their demands 
to the employer.
    The constitution and the law provide for and protect enterprise-
level collective bargaining over wages and working conditions, although 
some civil servants are restricted in this right. A tripartite 
commission composed of unions, employers, and government 
representatives was the main forum that determined minimum national 
wage and benefit increases in sectors such as social services. Key 
public-sector employers may not negotiate with labor without the 
extensive involvement of the ministries to which they are subordinate. 
The constitution guarantees trade unions the right to bargain, 
particularly for the purpose of resolving collective disputes and to 
conclude collective labor agreements and other arrangements. The law 
provides for parties to take group disputes to formal mediation, then 
to the Board of Social Arbitration in either the district court or 
Supreme Court depending on the number of employers involved, and, as a 
last resort, to strike. The law prohibits antiunion discrimination, 
although the constitution only guarantees the freedom of association in 
trade unions. Trade unions report that the law does not provide 
adequate means of protection against discrimination.
    Cumbersome procedures made it difficult to meet all of the legal 
technical requirements for strikes in many cases. Labor courts acted 
slowly in deciding the legality of strikes, while sanctions against 
unions for calling illegal strikes and against employers for provoking 
them were minimal. Unions alleged that laws prohibiting retribution 
against strikers were not enforced consistently and that the small 
fines imposed as punishment were ineffective deterrents to employers. 
In 2010 the State Labor Inspection Office registered 342 disputes, 
compared with 433 disputes in 2009.
    While many workers exercised the right to organize and join unions, 
in practice many small- and medium-sized firms discriminated against 
those who attempted to organize. The government sometimes failed to 
protect the right to union activity without interference at small- and 
medium-sized companies. Newly established small- and medium-sized firms 
were generally nonunion, while privatized, formerly state-owned 
enterprises frequently continued union activity. Self-employed workers 
cannot form a union, and some categories of government workers are 
limited to a single union or from holding office.
    Labor leaders reported that employers frequently discriminated 
against workers who attempted to organize or join unions, particularly 
in the private sector. Discrimination typically took the forms of 
intimidation, termination of work contracts without notice, and closing 
the workplace. The law did not prevent employer harassment of union 
members for trade union activity; there were unconfirmed reports that 
some employers sanctioned employees who tried to organize unions. 
Managers also asked workers in the presence of a notary public to 
declare whether they were union members.
    In July the Solidarity Trade Union filed a new complaint against 
the government with the International Labor Organization (ILO), 
alleging infringement of workers' freedom of association. Solidarity 
asserted that the 1991 law on trade unions does not comply with ILO 
Convention No. 87, as it limits the rights of self-employed persons, 
telecommuters, and others to establish and join trade unions.

    b. Prohibition of Forced or Compulsory Labor.--The constitution and 
law prohibit forced or compulsory labor, including by children; 
however, there were reports that that men and boys were increasingly 
subjected to forced labor in the agricultural, manufacturing, and food 
processing sectors. 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 and law prohibit the employment of children under the age 
of 16, with exceptions in the cultural, artistic, sporting, and 
advertising fields when parents or guardians and the local labor 
inspector give their permission. Persons between the ages of 16 and 18 
may work only if they have completed middle school, the proposed 
employment constitutes vocational training, and the work is not harmful 
to their health.
    The State Labor Inspectorate reported that increasing numbers of 
minors worked, and many employers underpaid them or paid them late. 
During the first half of the year, the inspectorate conducted 538 
inspections involving 2,502 underage employees (16 to 18 years of age), 
compared with 325 inspections involving 2,222 underage employees during 
the same period in 2010. Fines totaling 123,000 zloty ($38,438) were 
levied in 108 cases.
    The majority of the 2,502 employees found to be underage worked in 
commercial enterprises, repair shops, processing industries, 
restaurants, and construction.

    d. Acceptable Conditions of Work.--The national monthly minimum 
wage, which took effect in January, was 1,386 zloty (approximately 
$433). According to the Institute of Labor and Social Studies, the 
social minimum income level for one person was 926 zloty ($289) and 
3,016 zloty ($943) for a family of four in 2010. The subsistence level 
was 472 zloty ($148) for one person and 1,607zloty ($502) for a family 
of four. The large size of the informal economy and the low number of 
government labor inspectors made enforcement of the minimum wage 
difficult. A large percentage of construction workers and seasonal 
agricultural laborers from Ukraine and Belarus earned less than the 
minimum wage.
    The constitution provides for every employee to have the right to 
statutorily specified days free from work, as well as annual paid 
holidays. The law provides for a standard workweek of 40 hours, with an 
upper limit of 48 hours including overtime. The law requires premium 
pay for overtime hours, but there were reports that this requirement 
was often ignored. The law provided for workers to receive at least 11 
hours of uninterrupted rest per day and 35 hours of uninterrupted rest 
per week. The law also provides for 20 days of paid annual holidays for 
employees with less than 10 years of work experience and 26 days for 
those who have been employed for at least 10 years.
    The law defines strict and extensive minimum conditions to protect 
worker health and safety. It empowers the State Labor Inspectorate to 
supervise and monitor implementation of worker health and safety laws 
and to close workplaces with unsafe conditions. In 2010, the last year 
for which data were available, there were approximately 1,700 labor 
inspectors. However, the inspectorate was unable to monitor workplace 
safety adequately. In the first half of the year, the Government 
Statistics Office reported 44,161 victims of workplace accidents, an 
increase of more than 3,000 from the same period of time in 2010. In 
2010 the inspectorate investigated 2,251 accidents, in which there were 
2,768 injuries, including 538 workers killed and 898 persons seriously 
injured.
    Employers routinely exceeded standards for exposure to chemicals, 
dust, and noise. According to the inspectorate, the lack of 
professional experience, necessary safety precautions, and organization 
were the leading causes of workplace accidents. The majority of 
accidents occurred in mining, trade, and services.

                               __________

                                PORTUGAL

                           EXECUTIVE SUMMARY
    Portugal, which includes the archipelagos of the Azores and 
Madeira, is a constitutional democracy with a president, a prime 
minister, and a parliament elected in multiparty elections. National 
parliamentary elections on June 5 were free and fair. Security forces 
reported to civilian authorities.
    There were no reports of widespread or systemic abuses. The most 
important human rights problems included excessive use of force and 
abuse of detainees and prisoners by police and prison guards, poor and 
unhealthy prison conditions, and the incarceration of juveniles with 
adults and pretrial detainees with convicted criminals.
    Other problems included violence against women and children, 
discrimination against women, and trafficking in persons for sexual 
exploitation and forced labor.
    The government usually prosecuted and punished officials who 
committed 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 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.--While the constitution and law prohibit such practices, 
there were credible reports of excessive use of force by police and of 
mistreatment and other forms of abuse of detainees by prison guards.
    During the year the Inspectorate General of Internal Administration 
(IGAI) investigated reports of mistreatment and abuse by police and 
prison guards. Complaints included physical abuse, threatening use of 
firearms, excessive use of force, illegal detention, and abuse of 
power. The majority of the complaints were against the Public Security 
Police (PSP) and the Republican National Guard (GNR)-392 and 257 
complaints, respectively, in 2010, the most recent year for which 
statistics were available. The IGAI investigated each complaint, and 
punishments for officers found to have committed abuses ranged from 
temporary suspension to prison sentences. During 2010, 738 
investigations of members of the security forces were conducted. 
Punishment included letters of reprimand, temporary suspension from 
duty, prison sentences, mandatory retirement with pension cuts, and 
discharge from duty.
    In its most recent visit to detention centers and prisons in the 
country in 2008, the Council of Europe's Committee for the Prevention 
of Torture (CPT) received numerous complaints of mistreatment by law 
enforcement officials, mainly concerning slaps, punches, and blows with 
objects such as batons and telephone books. The committee also received 
one specific complaint of threat with a firearm.

    Prison and Detention Center Conditions.--There were reports guards 
mistreated prisoners at some prisons. Other problems included 
overcrowding, inadequate facilities, poor health conditions, and 
violence among inmates. Approximately 10 percent of the prison 
population had HIV/AIDS, and more than half of these (57 percent) were 
also infected with hepatitis C.
    In 2010, the latest year for which data are available, there were 
64 deaths in the country's prisons. According to the Directorate-
General of Prison Services, 45 were caused by illness and 19 by 
suicide. The majority of deaths due to illness were caused by 
infectious diseases associated with drug abuse.
    According to the Directorate-General of Prison Services, on 
December 30 there were 12,548 prisoners and detainees in the country's 
prisons (94.6 percent male inmates and 5.4 percent female inmates), 76 
of whom were youths between 16 and 18 years old (74 boys and two 
girls). The maximum number of prisoners facilities were designed to 
accommodate was 12,077. During the year the prison system operated at 
103.9 percent of capacity. There was a youth prison in Leiria, but 
elsewhere in the prison system juveniles were sometimes held with 
adults. Pretrial detainees were held with convicted criminals.
    Under the government's ``open regime'' system, prisoners may earn 
the right to work outside of the prison and to see their families at 
home on a regular basis.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance. Authorities permitted prisoners and 
detainees to submit complaints to judicial authorities without 
censorship and to request investigation of credible allegations of 
inhumane conditions. Authorities investigated credible allegations of 
inhumane conditions and documented the results of such investigations 
in a publicly accessible manner. The government investigated and 
monitored prison and detention center conditions. Prisoners had access 
to potable water.
    An ombudsman can serve on behalf of prisoners and detainees to 
consider such matters as alternatives to incarceration for nonviolent 
offenders to alleviate overcrowding; address the status and 
circumstances of confinement of juvenile offenders; and improve 
pretrial detention, bail, and recordkeeping procedures to assure that 
prisoners do not serve beyond the maximum sentence for the charged 
offense.
    The government permitted visits by independent human rights 
observers and the CPT. During the year university researchers and news 
media visited prisons.

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

    Role of the Police and Security Apparatus.--There were 
approximately 50,000 law enforcement officials, including police and 
prison guards. The ministries of internal administration and justice 
are primarily responsible for internal security. The Ministry of 
Internal Administration oversees the GNR, the Foreigners and Borders 
Service (SEF), and the PSP. The SEF has jurisdiction over immigration 
and border problems. The PSP has jurisdiction in cities, and the GNR 
has jurisdiction outside cities. The Judiciary Police are responsible 
for criminal investigations and report to the Ministry of Justice.
    An independent ombudsman chosen by parliament and the IGAI 
investigates complaints of abuse or mistreatment by police. However, 
nongovernmental organizations (NGOs) criticized the slow pace of 
investigations and the lack of an independent oversight agency to 
monitor the IGAI and the Ministry of Internal Administration.

    Arrest Procedures and Treatment While in Detention.--The 
constitution and law provide detailed guidelines covering all aspects 
of arrest and custody, and authorities generally followed the 
guidelines. Persons can be arrested only on a judicial warrant, except 
that law enforcement officials and citizens may make warrantless 
arrests when there is probable cause that a crime has just been or is 
being committed, or that the person to be arrested is an escaped 
convict or a suspect who escaped from police custody.
    Under the law an investigating judge determines whether an arrested 
person should be detained, released on bail, or released outright.
    A suspect may not be held for more than 48 hours without appearing 
before an investigating judge. Investigative detention for most crimes 
is a maximum of four months; if a formal charge is not filed within 
that period, the detainee must be released. In cases of serious crimes, 
such as murder, armed robbery, terrorism, violent or organized crime, 
and of crimes involving more than one suspect, the investigating judge 
may decide to hold a suspect in detention while the investigation is 
underway for up to 18 months and up to three years in extraordinary 
circumstances.
    Bail exists, but detainees are not released on their own 
recognizance. Depending on the severity of the crime, a detainee's 
release may be subject to various legal conditions.
    Detainees have the right to legal counsel from the time of arrest, 
but police did not always inform detainees of their rights. In the 
report on its 2008 visit, the CPT stated that ``facts found during the 
visit.clearly indicate that few detained persons have an effective 
right of access to a lawyer during police custody.'' The government 
assumed legal costs for indigent detainees.
    A suspect in investigative detention must be brought to trial 
within 14 months of being charged formally. If a suspect is not in 
detention, there is no specified deadline for going to trial.

    Pretrial Detention.--Lengthy pretrial detention remained a problem. 
As of October 15, 2,412 individuals (19.6 percent of the prison 
population) were in pretrial detention, a decrease from the previous 
year. The average detention time was eight months; approximately 20 
percent of pretrial detainees spent more than one year in 
incarceration. Lengthy pretrial detention was usually due to lengthy 
investigations and legal procedures, judicial inefficiency, or staff 
shortages. If a detainee is convicted, pretrial detention counts 
against his prison sentence. If found innocent, a detainee has the 
right to request compensation.

    Amnesty.--In December the president granted one reduction of prison 
sentence and one revocation of the penalty of expulsion from the 
country for one foreigner. There were 225 requests.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.
    Observers, including the media, business corporations, and legal 
observers, estimated the backlog of cases awaiting trial to be at least 
a year.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
All defendants are presumed innocent. Jury trials are rare in criminal 
cases. When the crime in question is punishable by a prison sentence 
whose maximum limit is more than eight years, either the public 
prosecutor or the defendant may request a jury trial. Juries consist of 
three judges and four public members.
    Trials are public. Defendants have the right to be present at their 
trial and to consult with an attorney upon arrest, at government 
expense if necessary. They can confront and question witnesses against 
them, present evidence on their own behalf, and have access to 
government-held evidence. Those convicted have the right of appeal. The 
law extends these rights to all citizens and foreign residents.

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

    Regional Human Rights Court Decisions.--The country is subject to 
the European Court of Human Rights (ECHR) under the European Convention 
on Human Rights. It complied with the court's decisions.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. All persons, both citizens 
and foreign residents, have access to a court to bring lawsuits seeking 
damages for, or cessation of, a human rights violation, and they could 
appeal decisions to the ECHR. Civil cases do not have jury trials. 
There are administrative as well as judicial remedies for alleged 
wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The constitution and law provide for freedom of speech and 
press, and the government generally respected these rights in practice. 
An independent press, an effective judiciary, and a functioning 
democratic political system combined to ensure freedom of speech and of 
the press.

    Freedom of Press.--According to the European Federation of 
Journalists, the law requires journalists to surrender confidential 
information and to disclose sources in criminal cases. However, the 
statute has been neither invoked nor tested.

    Internet Freedom.--There were neither government restrictions on 
access to the Internet nor reports that the government monitored e mail 
or Internet chat rooms. Individuals and groups could engage in the 
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 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 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. In 2010 the country granted asylum to six people and 
resettlement status to an additional 30 persons.

    Safe Country of Origin/Transit.--The government considers other EU 
countries to be safe countries of origin and returned asylum seekers to 
their country of entry into the EU for adjudication of their 
applications.

    Nonrefoulement.--In practice the government provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom might be threatened.

    Temporary Protection.--In addition to refugees and applicants for 
political asylum, the government also provided temporary protection to 
individuals who may not qualify as refugees. The country granted 
humanitarian protection to 49 persons in 2010.
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.--On June 
5, the country held national parliamentary elections that were 
considered free and fair. Madeira last held elections on October 9 
while the most recent elections in the Azores were in 2008; both were 
considered free and fair.

    Participation of Women and Minorities.--The law reserves to each 
gender a minimum of one-third of the places on electoral lists in 
national, local, and European parliamentary elections. There were 65 
women in the 230-member parliament and two women in the 12-seat 
cabinet. There was one member of a minority group in parliament; there 
was none in the cabinet.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
no reports of corruption in the executive or legislative branches of 
the central government during the year. However, the media reported 
corruption involving local government officials.
    Public officials were subject to financial disclosure laws. The 
Central Directorate for Combating Corruption, Fraud, and Economic and 
Financial Crime is the government agency responsible for combating 
corruption.
    The constitution and law provide for public access to government 
information, and the government provided access in practice for 
citizens and noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views.

    Government Human Rights Bodies.--The country has an independent 
human rights ombudsman appointed by parliament who is responsible for 
defending the human rights, freedom, and legal rights of all citizens. 
The ombudsman's office operated independently and with the cooperation 
of the government.
    The ombudsman had adequate resources and published mandatory annual 
reports as well as special reports such as on problems regarding 
women's rights, prisons, health, and the rights of children and senior 
citizens.
    Parliament's First Committee for Constitutional Issues, Rights, 
Liberties, and Privileges exercises oversight over human rights 
problems. It drafts and submits bills and petitions for parliamentary 
approval. During the year new laws went into effect in areas including 
the reinforcement of protection of victims of crime, the right to 
compensation for work-related illnesses such as those contracted by 
uranium extraction workers, and measures to discourage violent hazing 
practices in schools.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, and social status, and the government 
effectively enforced these prohibitions.

    Women.--Rape and Domestic Violence.--The law makes rape, including 
spousal rape, illegal, and the government generally enforced the law 
when the victim chose to press charges and the cases were not settled 
out of court through mediation by both parties' lawyers. During 2010, 
the latest year for which data is available, 90 cases of rape were 
reported to the Association for Victim Support (APAV), a nonprofit 
organization that provides confidential and free services nationwide to 
victims of any type of crime.
    Violence against women, including domestic violence, continued to 
be a problem. Penalties for violence against women range up to 10 
years' imprisonment. During 2010, 13,866 domestic violence crimes were 
reported to the APAV, including 237 cases of sexual offense and 87 
cases of sexual violence. According to NGOs and media reports, there 
were 23 deaths related to domestic violence during the year.
    The law provides for criminal penalties in cases of violence by a 
spouse, and the judicial system prosecuted persons accused of abusing 
women; however, traditional societal attitudes discouraged many abused 
women from using the judicial system. According to data from the 
Ministry of Justice, in 2008, the last year for which data was 
available, 1,157 individuals were convicted of domestic violence 
crimes, of a total of 2,430 domestic violence court cases.
    The government encouraged abused women to file complaints with the 
appropriate authorities and offered the victim protection against the 
abuser. In addition, legislation allows third parties to file domestic 
violence reports. The government's Commission for Equality and Women's 
Rights operated 14 safe houses for victims of domestic violence and 
maintained an around-the-clock telephone service. Safe house services 
included food, shelter, and health and legal assistance. The 
government-sponsored Mission Against Domestic Violence conducted an 
awareness campaign against domestic violence, trained health 
professionals, proposed legislation to improve legal assistance to 
victims, and signed protocols with local authorities to assist victims.

    Sexual Harassment.--Sexual harassment is a crime. Penalties for 
sexual harassment range from one to eight years in prison. If 
perpetrated by a superior in the workplace, the penalty is up to two 
years in prison, or more in cases of aggravated coercion.
    The Commission on Equality in the Workplace and in Employment, 
composed of representatives of the government, employers' 
organizations, and labor unions, examines, but does not adjudicate, 
complaints of sexual harassment. During the year reporting of sexual 
harassment rose. In 2010, 50 cases of sexual harassment were reported 
to the APAV.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely the number, spacing, and timing of their children, and to 
have the information and means to do so free from discrimination, 
coercion, and violence. There was easy access to contraception. Skilled 
attendants assisted all childbirths in the country in 2009, the last 
year for which data is available. Women were diagnosed and treated for 
sexually transmitted infections on an equal basis with men.

    Discrimination.--The civil code provides women full legal equality 
with men; however, in practice women experienced economic and other 
forms of discrimination. According to 2010 data from the National 
Statistics Institute, women made up 47 percent of the working 
population and were increasingly represented in business, science, 
academia, and the professions. However, according to the Ministry of 
Solidarity and Social Security, women's average salaries were 
approximately 27 percent lower than men's, and the gap was widening.
    The state secretary for parliamentary affairs and equality 
addresses, among other topics, problems such as economic discrimination 
and integration of women into the mainstream of society.

    Children.--Birth Registration.--Citizenship is derived by birth 
within the country's territory and from one's parents. Authorities 
registered all births.

    Child Abuse.--Child abuse was a problem. The APAV reported 580 
crimes against children under the age of 18 during 2010, the latest 
year for which data was available. There were reports that Romani 
parents used minor children for street begging.

    Sexual Exploitation of Children.--Statutory rape is a crime. The 
minimum age for legal consensual sex is 16 years of age. Penalties for 
statutory rape range up to 10 years in prison. The law prohibits child 
pornography; penalties range up to eight years in prison.

    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 community was estimated at 3,000. There 
were no reports of anti-Semitic acts during the year. The government 
does not collect such statistics, and none was reported to the 
ombudsman.

    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 law prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, and the provision of other state services. The government 
effectively enforced the law. The law also mandates access to public 
buildings for persons with disabilities, and the government implemented 
these provisions in practice; however, no such legislation covers 
private businesses or other facilities.
    The Ministry of Solidarity and Social Security oversees the 
National Bureau for the Rehabilitation and Integration of Persons with 
Disabilities, which is responsible for the protection, professional 
training, rehabilitation, and social integration of persons with 
disabilities, as well as for the enforcement of related legislation.

    National/Racial/Ethnic Minorities.--The government estimated the 
Romani population at between 40,000 and 50,000 persons. On February 9, 
the European Roma Rights Center alleged the government had cut off 
water to an informal Romani settlement in Vidigueira; the water service 
was restored by May 26.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There were no official or 
other reports of societal discrimination based on sexual orientation in 
employment, housing, statelessness, or access to education or health 
care.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law recognizes workers' right to form and join independent unions 
of their choice without previous authorization or excessive 
requirements; members of the armed forces are excluded from this 
provision. The law allows unions to conduct their activities without 
interference. The constitution and the labor code recognize and protect 
the right to bargain collectively. The law provides for the right to 
strike. If a long strike occurs in an essential sector such as justice, 
health, energy, or transportation, the government may order strikers 
back to work for a specified period. Police may join unions and have 
recourse within the legal system, but they may not strike. The law 
prohibits antiunion discrimination.
    The government respected these rights in practice. There were few 
reports that antiunion discrimination occurred. The country's labor 
confederations are independent of the government and political parties, 
although some historical ties exist.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and compulsory labor, including by children. However, the 
government did not effectively enforce these laws, and such practices 
reportedly occurred. Women, men, and children were trafficked for 
forced labor. Men from Eastern Europe (typically from Ukraine, Moldova, 
Russia, and Romania) and African Portuguese-speaking countries were 
subjected through fraud, coercion, and debt bondage to conditions of 
forced labor in the farming and construction industries. Police and 
NGOs also have reported that family networks brought approximately 50 
to 100 Romani children to the country and forced them to work as street 
beggars. Also see the Department of State's 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. The Labor Conditions Authority (ACT) 
of the Ministry of Solidarity and Social Security enforced the law 
effectively and registered cases during the last two years (one or two 
per year). In recent years there has been a greater social 
consciousness of child labor problems, increased awareness through 
government campaigns, and a reinforcement of investigations. However, 
there were reports that Romani parents used children for street 
begging.
    The government's principal entity to investigate and respond to 
reports of illegal child labor is the ACT. The ACT sponsors and 
finances the Integrated Program for Education and Professional 
Training, which attempts to return to school minors who are victims or 
at risk of child labor. During the 2010-11 school year the program 
worked with 183 groups of students throughout the country.

    d. Acceptable Conditions of Work.--The minimum wage, which covers 
full-time workers, rural workers, and domestic employees who are 18 
years of age and older, was 485 euros ($631) per month. The legal 
workday may not exceed 10 hours, and the maximum workweek is 40 hours. 
There is a maximum of two hours of paid overtime per day and 200 hours 
of overtime per year, with a minimum of 12 hours' rest between 
workdays. Premium pay for overtime worked on a rest day or public 
holiday is 100 percent; overtime performed on a normal working day is 
paid at a premium of 50 percent for the first hour and 75 percent for 
subsequent time worked. The Ministry of Solidarity and Social Security 
effectively monitored compliance through its regional inspectors.
    Employers are legally responsible for accidents at work and are 
required by law to carry accident insurance. The ACT develops safety 
standards and is responsible for their enforcement. The ACT's 
inspectors sufficiently and regularly monitored these standards both 
proactively according to regulations and advanced scheduling, and 
reactively in response to complaints filed. Inspection findings were 
generally effectively enforced. Workers injured on the job rarely 
initiated lawsuits, as insurance policies covering medical and 
compensation costs covered the majority of workers. Workers have the 
right to remove themselves from situations that endanger health or 
safety without jeopardy to their employment, and authorities 
effectively enforced this right. According to the ACT, there were 130 
deaths from work-related accidents in 2010.

                               __________

                                ROMANIA

                           EXECUTIVE SUMMARY
    Romania is a constitutional republic with a democratic, multiparty, 
parliamentary system. The bicameral parliament (Parlament) consists of 
the Senate (Senat) and the Chamber of Deputies (Camera Deputatilor), 
both elected by popular vote. The 2009 presidential elections were 
considered generally free and fair. Security forces reported to 
civilian authorities.
    Major human rights problems included trafficking of persons for 
labor, sexual exploitation, and forced begging. Significant societal 
discrimination against Roma continued. Government corruption remained a 
widespread problem that affected all sections of society.
    During the year there were reports that police and gendarmes 
mistreated and harassed detainees and Roma. Prison conditions remained 
poor. The judiciary lacked impartiality and was sometimes subject to 
political influence. Property restitution remained extremely slow, and 
the government failed to take effective action to return Greek Catholic 
churches confiscated by the former Communist government in 1948. A 
restrictive law on religion remained in effect. There were continued 
reports of violence and discrimination against women as well as child 
abuse. Anti-Semitic articles continued to be published and anti-
Semitic, racist, xenophobic, and nationalistic views continued to be 
disseminated via the Internet. Government agencies provided inadequate 
assistance to persons with disabilities and neglected persons with 
disabilities who were institutionalized. Societal discrimination 
against lesbian, gay, bisexual, and transgender (LGBT) persons and 
individuals with HIV/AIDS, particularly children, remained problems. A 
new labor code eliminated the legal basis for collective bargaining at 
the national level, reduced protections against antiunion 
discrimination, and generally weakened workers' position vis-a-vis 
employers.
    The government took hesitant steps to prosecute and punish 
officials who committed abuses. Lawsuits alleging police abuse were 
repeatedly delayed and in many cases ended in acquittals.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports from nongovernmental organizations (NGOs) and the 
media that police mistreated and abused prisoners, pretrial detainees, 
and Roma, primarily through excessive force and beatings. There were 
also reports that some personnel in state institutions mistreated 
abandoned children with physical disabilities and subjected children in 
state orphanages to lengthy incarceration as punishment for misbehavior 
(see section 6, Children).

    Prison and Detention Center Conditions.--Prison conditions remained 
somewhat harsh and at times did not meet international standards. The 
media and human rights organizations reported that the abuse of 
prisoners by authorities and other prisoners continued to be a problem. 
According to media and NGO reports, prisoners at times assaulted and 
abused their fellow inmates, and prison authorities tried to cover up 
such incidents. Prisoners had access to potable water. A judge-delegate 
handles prisoner complaints. For nonviolent offenders the law provides 
for alternative sentences to prison, such as suspended sentences, 
sentences executed at the workplace, or penal fines. The government 
continued efforts, including through partnerships with NGOs, to 
alleviate harsh conditions; improve the condition of detention rooms; 
provide more daily activities, training courses, and educational 
programs; and deter the spread of HIV and tuberculosis.
    According to the National Administration of Penitentiaries of the 
Ministry of Justice, at year's end there were 30,694 persons, including 
1,376 women and 447 minors, in prison or juvenile detention facilities 
in a system with a stated capacity of 36,229 beds. Although according 
to the official figures overcrowding did not represent a serious 
problem overall, in some prisons the standard of 43 square feet per 
prisoner recommended by the Council of Europe's Committee for the 
Prevention of Torture (CPT) was not observed.
    According to human rights NGOs, authorities made some progress in 
implementing the four detention regimes: closed, semiclosed, semiopen, 
and open. Prisoners assigned to semiopen and open regimes reportedly 
began to benefit from placement in the type of prison appropriate to 
their sentence. However, the NGO Association for the Defense of Human 
Rights in Romania-the Helsinki Committee (APADOR-CH) criticized the 
placement of some prisoners in prisons far from their hometowns.
    The regulations allow all religious groups unrestricted access to 
prisoners.
    The government permitted monitoring visits by independent human 
rights observers, and such visits occurred during the year. On November 
24, the CPT released a report on its September 2010 visit to the 
country. The CPT reviewed conditions in police detention facilities and 
various issues related to prisons. It urged authorities, inter alia, to 
prevent mistreatment by adopting a ``zero tolerance'' policy and ensure 
minimum standards are met for individual space, lightning, hygiene, and 
food quality.

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

    Role of the Police and Security Apparatus.--The Ministry of the 
Administration and Interior (MAI) is responsible for the national 
police, the gendarmerie, the border police, the Office for Immigration, 
the General Directorate of Information and Internal Protection (which 
oversees the collection of intelligence on organized crime and 
corruption), and the General Anticorruption Directorate. The national 
police agency is the General Inspectorate of the Romanian Police, which 
is divided into functional directorates and 42 regional directorates 
for each county and the city of Bucharest. The Romanian Intelligence 
Service (SRI) collects information on major organized crime, major 
economic crime, and corruption. Complaints of police misconduct are 
handled by the internal disciplinary councils where the accused 
officers work.
    During 2010, 1,089 police officers received disciplinary sanctions 
as a result of internal council investigations.

    Arrest Procedures and Treatment While in Detention.--The law 
provides that only judges may issue detention and search warrants, and 
the government mostly respected this provision in practice. The law 
requires authorities to inform detainees at the time of arrest of the 
charges against them and their legal rights, including that they have 
the right to remain silent until a lawyer is present. Police must 
notify detainees of their rights in a language they understand before 
obtaining a statement. Detainees must be brought before a court within 
24 hours of arrest. There was no information to suggest that the 
authorities did not respect these requirements in practice. The law 
provides for pretrial release at the discretion of the court. A bail 
system also exists but was seldom used in practice. Every detainee has 
the right to counsel and in most cases had prompt access to a lawyer of 
his choice. Indigent detainees were provided legal counsel at public 
expense. The arresting officer is also responsible for contacting the 
detainee's lawyer or, alternatively, the local bar association to 
arrange for a lawyer. The detainee has the right to meet privately with 
counsel before the first police interview. The lawyer may be present 
during the interview or interrogation. Detainees also had prompt access 
to their families.
    The law allows police to take into custody any person who endangers 
the public or other individuals, or disrupts public order. There were 
allegations that police often used this provision to hold persons for 
up to 24 hours. Since those held in such cases were not formally 
detained or arrested, their right to counsel was not observed. APADOR-
CH criticized this provision as leaving room for abuse.
    A judge may order pretrial detention for periods of up to 30 days, 
depending on the status of the case. The court may extend these time 
periods; however, pretrial detention may not exceed 180 days. Courts 
and prosecutors may be held liable for unjustifiable, illegal, or 
abusive measures.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice. However, the system does not provide a 
corresponding level of judicial accountability. There was a lack of 
public confidence that judges were fair, unbiased, and not subject to 
outside political or financial influence.
    In July the European Commission's annual report on the Cooperation 
and Verification Mechanism (CVM) for judicial reform and anticorruption 
in the country stated that ``only limited progress has been achieved 
since the commission's last report in terms of improving the efficiency 
of the judicial process and the consistency of judicial decisions.'' 
However, it acknowledged some progress during the year on such issues 
as the adoption of new civil and criminal procedure codes and the 
development of a multiyear strategy for reforming the judiciary.
    NGOs and public officials frequently criticized the judicial system 
during the year. The judiciary's self-governing oversight body, the 
Superior Council of Magistrates, increased the transparency of its 
operations and adopted a strategy and action plan for strengthening 
integrity within the judiciary but failed to create procedures for 
addressing potential conflicts of interest among judges. It also failed 
to consistently identify and discipline judicial or prosecutorial 
misconduct, a significant part of its mandate. The practice of the High 
Court of Cassation and Justice (ICCJ) of returning case files to 
prosecutors for additional investigation contributed to frequent delays 
in court proceedings However, the speed of high-level corruption trials 
increased toward year's end as the ICCJ's Criminal Section prioritized 
these files in order to avoid the expiration of the statutes of 
limitations.

    Trial Procedures.--The constitution and the law provide a 
presumption of innocence until a final judgment by a court. Trials are 
open to the public. The law does not provide for trial by jury. 
Defendants have the right to be present at trial. The law provides for 
the right to counsel and the right to consult an attorney in a timely 
manner. The law requires that the government provide an attorney to 
juveniles in criminal cases; in practice local bar associations 
provided attorneys to indigents and received compensation from the 
Ministry of Justice. Defendants may confront or question witnesses 
against them, present witnesses and evidence on their own behalf, and 
have a court-appointed interpreter. Defendants and their attorneys have 
the right of access to all prosecution evidence relevant to their 
cases. Both prosecutors and defendants have a right of appeal.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court of Human Rights (ECHR) issued 59 judgments against the 
government for violations of one or more rights under the European 
Convention for the Protection of Human Rights and Fundamental Freedoms. 
The government complied with court orders to pay compensation in cases 
it lost, but in January the Parliamentary Assembly of the Council of 
Europe cited Romania for ``extremely worrying delays'' in implementing 
judgments of the ECHR.

    Civil Judicial Procedures and Remedies.--Civil courts functioned in 
every jurisdiction and operated with the same degree of judicial 
independence as criminal courts. Judicial and administrative remedies 
were available to individuals and organizations for violations of human 
rights by government agencies. Plaintiffs against the government may 
appeal to the ECHR.
    Litigants sometimes encountered difficulties enforcing civil 
verdicts because the procedures for enforcing court orders were 
impractical and caused delays.

    Property Restitution.--Under the law, claims for property seized by 
the Communist-era government had to be filed with the National 
Restitution Agency in 2001-03. Of the 202,267 claims filed for 
restitution of buildings, 123,122 (2,383 in 2011) were considered by 
the agency to have been resolved as of the end of August. Of the claims 
resolved, 44,697 were rejected; 52,426 qualified for restitution with 
equivalent property; 5,609 resulted in restitution in kind and 
compensation; 286 qualified for combined measures (i.e., restitution in 
kind plus compensation with other assets); 1,001 qualified for 
allocation of other assets and compensation; 1,893 qualified for 
compensation with other assets or services; and 17,210 were resolved by 
return of the properties in their current condition.
    At the end of August, a vice president of the National Authority 
for Property Restitution was arrested for receiving a bribe to expedite 
the resolution of restitution cases. The arrest led to the quick 
replacement of the authority's president as well as further delays in 
adjudicating cases.
    Organizations representing restitution claimants continued to 
assert that inertia at the local level hindered the process. In many 
cases local government officials delayed or refused to provide 
necessary documents requested by claimants. They also refused to return 
properties in which county or municipal governments had an interest.
    There were numerous disputes over churches the Orthodox Church did 
not return to the Greek Catholic Church in violation of valid court 
orders to do so.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and the law prohibit such actions, 
and the government for the most part respected these prohibitions in 
practice. Nevertheless, there was a widespread perception that illegal 
surveillance still occurred, and there were credible media reports that 
authorities engaged in electronic eavesdropping in violation of these 
prohibitions.
    The law permits the use of electronic eavesdropping in both 
criminal and national security cases. Under the criminal code, the 
investigating prosecutor must first obtain a warrant from a judge. In 
exceptional circumstances, when delays in getting the warrant would 
seriously affect a criminal investigation, prosecutors may begin 
interception without a judicial warrant, but they must then submit a 
request within 48 hours for retroactive authorization. When there is a 
threat to national security, the national security law permits 
prosecutors to authorize the issuance of a warrant for an initial 
period of six months, which can be extended indefinitely in three-month 
increments without judicial approval. Some human rights NGOs noted the 
contradiction between the two sets of laws with regard to the 
requirement for judicial approval of wiretaps.
    On February 18, the ICCJ rejected an appeal by the SRI in a lawsuit 
filed by businessman Dinu Patriciu against SRI for illegally tapping 
his telephones. The court ordered the SRI to pay Patriciu 50,000 lei 
($14,950) in damages.
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, a largely independent judiciary, and a functioning 
democratic political system combined to ensure freedom of speech and of 
the press. Journalists and private citizens could criticize government 
authorities, including those at senior levels.

    Freedom of Speech.--Laws restricting freedom of speech continued to 
cause concern among the media and NGOs. Insulting the state insignia 
(the coat of arms, national flag, or national anthem) is an offense 
punishable by imprisonment.
    The religion law forbids acts of ``religious defamation'' and 
``public offense to religious symbols.'' The law also prohibits public 
denial of the Holocaust. There were no prosecutions or convictions 
under any of these statutes during the year.

    Freedom of Press.--While the independent media were active and 
expressed a wide variety of views without overt restriction, 
politicians and persons with close ties to politicians and political 
groups either owned or indirectly controlled numerous media outlets at 
the national and local levels, and the news and editorial tone of these 
outlets frequently reflected the views of the owners. The tendency 
towards the concentration of national news outlets in the hands of a 
few wealthy individuals continued.
    During the year there were isolated instances when public officials 
and politicians insulted or harassed journalists.
    On May 31, Gheorghe Bunea Stancu, president of Braila County 
Council, verbally insulted several journalists who criticized his work, 
threatening to revoke their accreditations to cover the county council. 
Media NGOs characterized these actions as ``nondemocratic abuses.''

    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 the law provide for freedom of 
assembly, and the government generally respected this right in 
practice. The law provides that unarmed citizens may assemble 
peacefully but also stipulates that meetings must not interfere with 
other economic or social activities and may not be held near such 
locations as hospitals, airports, or military installations. Organizers 
of public assemblies must request permits in writing three days in 
advance from the mayor's office of the locality where the gathering 
would occur. Requests for permits were generally approved. Delays or 
changes of location of the assembly sometimes occurred, although it was 
often impossible to determine whether they were politically motivated.

    Freedom of Association.--The constitution and the law provide for 
freedom of association, and the government generally respected this 
right in practice. However, the law prohibits fascist, communist, 
racist, or xenophobic ideologies, organizations, and symbols (such as 
statues of war criminals on public land). Political parties are 
required to have at least 25,000 members to have legal status.

    c. Freedom of Religion.--See the 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. 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 law provides for 
the granting of asylum or refugee status, and the government has 
established a system for providing protection to refugees. The law on 
asylum, based on EU legislation, prohibits the expulsion, extradition, 
or forced return of any asylum seeker at the country's border or from 
within the country's territory but does not extend these protections to 
aliens and stateless persons who planned, facilitated, or participated 
in terrorist activities as defined by international instruments to 
which the country is a party. In July amended legislation on the status 
of foreigners in the country brought the law into line with the EU's 
Schengen rules and the Dublin II regulation. The UNHCR expressed 
concern that the provisions regarding the removal of unaccompanied 
children do not make specific reference to the child's best interest.

    Safe Country of Origin/Transit.--The law provides for the concept 
of safe countries of origin, and asylum seekers coming from such 
countries have their asylum applications processed in an accelerated 
procedure. EU member states are considered safe countries of origin, as 
are other countries specified by an order of the minister of interior 
proposed by the National Office for Refugees. Criteria defining safe 
countries of origin are the number of asylum applicants granted 
protection; observance of human rights; observance of democratic 
principles, political pluralism, and free elections; and the existence 
of operational democratic institutions to monitor human rights.

    Nonrefoulement.--The government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened based on their race, religion, nationality, 
membership in a particular social group or political opinion. However, 
there were still concerns that the law does not give rejected 
applicants enough time to prepare appeals and pursue them through the 
courts.

    Access to Basic Services.--While conditions improved somewhat from 
prior years, according to the UNHCR, refugees still faced integration 
difficulties accessing public housing, vocational training adapted to 
their specific needs, counseling programs, and information for 
citizenship interviews. Refugees reportedly complained about 
restrictive procedures for the recognition of their diplomas and the 
lack of mechanisms for the assessment of the refugee's prior education 
and experience. The UNHCR also expressed concern about the inadequate 
monthly allowance--equivalent to approximately $30--that was provided 
to asylum seekers.

    Durable Solutions.--Under a 2008 government decision, authorities 
resettle 40 persons yearly. The UNHCR added a reception center with 100 
beds in Giurgiu in addition to the 250 beds it maintained at the 
emergency transit center in Timisoara.
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 2009 
the country held national elections for president. Despite 
irregularities, including numerous allegations of vote buying and of 
multiple voting, the elections were judged free and fair. These 
irregularities did not appear to favor one political party over 
another. The report of the Organization for Security and Cooperation in 
Europe (OSCE) on the elections found them to be ``generally conducted 
in conformity with OSCE commitments and international standards for 
democratic elections, as well as with national law.''
    Parliamentary elections, last held in 2008, are based on a complex 
single-representative district voting system for both the Senate and 
the Chamber of Deputies. The media, NGOs, and government officials 
criticized the voting system, which employs a complicated formula to 
assign parliamentary seats to party representatives, as too difficult 
for most voters to understand and for awarding seats to party members 
who finished second or third in their district.

    Political Parties.--The law requires political parties to register 
with the Bucharest Tribunal and to submit their statutes, program, and 
a roster of at least 25,000 signatures. Among these 25,000 ``founding 
members,'' there must be individuals from at least 18 counties, 
including Bucharest, with a minimum of 700 persons from each county. 
The party statutes and program must not include ideas that incite war, 
discrimination, hatred of a national, racist, or religious nature, or 
territorial separatism.
    Organizations representing ethnic minorities may also field 
candidates in elections. If the minorities in question are ``national 
minorities,'' defined as those ethnic groups represented in the Council 
of National Minorities, their organizations must meet requirements 
similar to those for political parties. For organizations representing 
minorities not represented in parliament, the law sets more stringent 
requirements than those for minority groups already represented in 
parliament. They must provide the Central Electoral Bureau with a list 
of members equal to at least 15 percent of the total number of persons 
belonging to that ethnic group as determined by the most recent census. 
If 15 percent of the ethnic group amounts to more than 20,000 persons, 
the organization must submit a list with at least 20,000 names 
distributed among at least 15 counties plus the city of Bucharest, with 
no fewer than 300 persons from each county.

    Participation of Women and Minorities.--While the law does not 
restrict women's participation in government or politics, societal 
attitudes presented a significant barrier. There were 37 women in the 
334-seat Chamber of Deputies, including the speaker, and eight women in 
the 137-seat Senate. At the end of September there were three women in 
the 18-member cabinet and no female prefects (governors appointed by 
the central government) of the 42 counties.
    Under the constitution, each recognized ethnic minority is entitled 
to have one representative in the Chamber of Deputies even if the 
minority's organization cannot obtain the 5 percent of the vote needed 
to elect a deputy outright. However, this entitlement is qualified by 
the requirement that the organization receives votes equal to 10 
percent of the average number of votes nationwide necessary for a 
deputy to be elected. Organizations representing 18 minority groups 
received deputies under this provision in the 2008 elections. There 
were 47 members of minorities in the 471-seat parliament: nine in the 
Senate and 38 in the Chamber of Deputies. At the end of the year there 
were four members of minorities (all ethnic Hungarians) in the 17-
member cabinet. Ethnicity data was not available for members of the 
Supreme Court.
    Ethnic Hungarians, represented by the Democratic Union of 
Hungarians in Romania, an umbrella party, were the sole ethnic minority 
to gain parliamentary representation by passing the 5 percent 
threshold. Only one Romani organization, the Roma Party-Pro Europe, was 
represented in the parliament with one member. Low Romani voter turnout 
likely resulted from a lack of awareness, inability to demonstrate an 
established domicile, and/or absence of identity documents.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the law was not implemented effectively, largely because of 
problems within the judicial branch, and officials sometimes engaged in 
corrupt practices with impunity. The World Bank's corruption indicators 
highlighted corruption as a problem. In 2007, as part of the country's 
agreement on accession to the European Union, the European Commission 
established the CVM to monitor the country's progress in reforming the 
judicial branch and fighting corruption.
    The National Anticorruption Directorate (DNA) continued its 
investigation of medium- and high-level corruption cases at a steady 
pace throughout the year. A preliminary assessment showed that 2011 
produced the highest number of final convictions in DNA cases since the 
agency's creation in 2002. The DNA sent 1,091 persons to trial 
(compared with 937 in 2010), of whom 536 held executive, oversight or 
senior positions. These included two members of parliament, one of whom 
was also a cabinet minister; one secretary general in the Health 
Ministry; the president of the National Employment Agency; one vice 
president of the National Property Restitution Agency; one chairman and 
one vice chairman of county councils; two judges; three prosecutors; 
231 police officers; 63 customs workers; 11 Financial Guard inspectors; 
29 mayors; six vice mayors; one president of the National Drug Agency; 
one union leader; four army generals; and 38 directors from other 
public institutions. Of the 1,091 persons sent to trial during the 
year, 29 were sentenced and the other cases were pending at year's end. 
Courts handed down final convictions in 297 DNA cases, up from 154 in 
2010. Persons receiving final convictions on corruption charges 
included one former member of parliament, two sitting members of 
parliament, two judges, two prosecutors, five mayors, three vice 
mayors, 24 police officers, eight customs officials, and 11 tax 
inspectors. Courts handed down nonfinal convictions in the cases of 881 
defendants, compared with 786 defendants in 2010. These included two 
former ministers, a former deputy minister, two sitting deputies, two 
army generals, one judge and two prosecutors, 32 Interior Ministry 
officers, seven SRI officers (of whom two were generals), 40 customs 
workers, a former prefect, and a national union leader. Courts handed 
down final acquittal decisions in the cases of 38 defendants, including 
a former minister and a current deputy. Of 11 defendants who served as 
former or current members of parliament or cabinet ministers, eight 
were convicted and only three acquitted during the year. Between 2006 
and 2011 the average conviction rate in DNA cases was 89 percent of the 
total final court rulings.
    Significant delays generally persisted in high-level corruption 
trials, but towards the end of the year the pace of some of these 
trials started to accelerate. Verdicts in corruption offenses were 
often inconsistent. In December the ICCJ handed down a nonfinal 
acquittal in the high-profile corruption case of a former prime 
minister. In October the DNA started an investigation into alleged 
corruption offenses by two ICCJ judges.
    Police corruption contributed to citizens' lack of respect for the 
police and a corresponding disregard for police authority. Low salaries 
and the absence of incentives and bonuses led to personnel shortages 
and contributed to the susceptibility of individual law enforcement 
officials to bribery. Instances of high-level corruption were referred 
to the General Anticorruption Directorate (DGA) within the MAI, which 
continued to publicize its anticorruption telephone hotline to generate 
prosecutorial leads for corruption within the police force. However, 
some local police departments (``inspectorates'') did not adequately 
publicize the anticorruption hotline. A report by the DGA found an 81 
percent increase in the number of MAI officials charged in corruption 
cases over the first six months of the year, while the number of 
indictments increased by 200 percent over the same period of 2010. The 
increase was due in part to several large-scale sweeps conducted by the 
DNA in cooperation with DGA on Romanian border checkpoints that 
resulted in hundreds of police and customs workers being investigated.
    Conflicts of interest remained a concern for all three branches of 
government. In April a minister resigned over a conflict of interest. 
In December the prime minister dismissed a cabinet member for a 
conflict of interest. Individual executive agencies were slow in 
enforcing sanctions for such cases and agencies' own inspection bodies 
were generally inactive. In November the Constitutional Court dismissed 
a challenge that would have forbidden lawyers from representing clients 
in courts and prosecutors' offices where the lawyer has a relative 
serving as judge or prosecutor. In December the National Integrity 
Agency (ANI) found six members of parliament with conflicts of interest 
for having hired their relatives at their constituency offices.
    The law empowers the ANI to administer and audit financial 
disclosure statements for all public officials and to monitor conflicts 
of interest. The ANI law stipulates that the agency can identify 
``significant discrepancies'' (more than 10,000 euros, or $13,000) 
between an official's income and his assets, and allows for the seizure 
and forfeiture of these ``unjustified assets.'' The mechanism for 
initiating the confiscation of ``unjustified assets'' was cumbersome. 
In September the ICCJ handed down the first-ever final sentence 
concerning the confiscation of unjustified assets of a former minister.
    The law provides for public access to government information 
related to official decision making; however, human rights NGOs and the 
media reported that the law was inadequately and unevenly applied. 
Procedures for releasing information were arduous and varied greatly by 
public institution. Many agencies did not make public the annual 
performance reports required by law. NGOs and journalists continued to 
sue regularly in court to gain access to official government 
information.
    Although the intelligence services transferred the majority of the 
files of the Communist-era Securitate intelligence service to the 
National College for the Study of the Securitate Archives, the powers 
of the latter remained limited because the law does not permit the 
college to issue binding decisions on naming Securitate collaborators.
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.

    U.N. and Other International Bodies.--The government cooperated 
during the year with international governmental organizations and 
permitted visits by U.N. representatives and other organizations. In 
May the U.N. special rapporteur on the independence of judges and 
lawyers visited the country; at the end of the year no report was yet 
released on this visit. EU Commission representatives also visited the 
country under the CVM to assess the situation of the judiciary and 
released two reports (see section 1.e.).

    Government Human Rights Bodies.--The Office of the Ombudsman had 
limited power and no authority to protect citizens' constitutional 
rights in cases requiring judicial action. The office handled 3,909 
complaints during the first six months of the year. The NGO Romani 
CRISS criticized the Office of the Ombudsman for failing to address the 
cases the NGO brought to its attention.
    The National Council for Combating Discrimination (CNCD) is an 
independent governmental agency under parliamentary control. During the 
year the CNCD received 465 public complaints of discrimination. Of the 
complaints, 95 involved alleged discrimination on the basis of 
nationality and ethnicity, eight involved discrimination because of 
sexual orientation, and five involved discrimination on religious 
grounds. The CNCD received 62 complaints regarding discrimination 
against Roma. Romani CRISS criticized the CNCD's delays in ruling on 
some of its complaints. In June the Center for Legal Resources and 
Romani CRISS expressed concern about the CNCD's alleged preferential 
and politicized approach to cases involving high officials.
    The Ombudsman's Office and the CNCD operated with the government's 
cooperation and, for the most part, without government or party 
interference. Neither agency received adequate resources, although both 
enjoyed public trust. The CNCD was generally regarded as effective, 
while most observers regarded the Office of the Ombudsman as much less 
effective. Both the CNCD and the Ombudsman's Office issued yearly 
activity reports.
    Each chamber of the parliament has a human rights committee. Their 
task is to draft reports on bills that pertain to human-rights-related 
issues. The members of these committees, however, usually expressed the 
views of their political parties, rather than addressing the issues 
objectively.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law forbids discrimination based on race, gender, disability, 
ethnicity, nationality, language, religion, social status, beliefs, 
sexual orientation, age, noncontagious chronic disease, HIV infection, 
or belonging to an underprivileged category. However, the government 
did not enforce these prohibitions effectively, and women, as well as 
Roma and other minorities, were often subjected to discrimination and 
violence.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal. The successful prosecution of rape cases is difficult 
because the law requires a medical certificate in rape cases and, as in 
all criminal cases, requires either the active cooperation of the 
victim or a third-party witness to the crime. Police and prosecutors 
cannot pursue a case on their own, even with independent physical 
evidence. As a result a rapist could avoid punishment if the victim 
withdrew the complaint. The successful prosecution of spousal rape 
cases was more difficult because the law requires the victim personally 
to file a criminal complaint against the abusive spouse and does not 
permit third parties to file a complaint on the victim's behalf. The 
law provides for three to 10 years' imprisonment for rape; the sentence 
increases to five to 18 years if there are aggravated circumstances. 
According to police statistics, during the year 2,320 cases of rape 
were reported, of which 714 cases were prosecuted. Of these 
prosecutions, 672 cases resulted in convictions, acquittals or other 
verdicts while 42 cases were ongoing. Prosecutors dropped 1,606 cases 
without trial.
    Violence against women, including spousal abuse, continued to be a 
serious problem, according to NGOs and other sources. The government 
did not effectively address it. The law prohibits domestic violence and 
allows police intervention in such cases. However, the law on domestic 
violence was difficult to apply because it contradicts the criminal 
procedures code and does not provide for the issuance of restraining 
orders. While the criminal code imposes stronger sanctions for violent 
offenses committed against family members than for similar offenses 
committed against others, the courts prosecuted very few cases of 
domestic abuse. Many cases were resolved before or during trial when 
alleged victims dropped their charges or reconciled with the alleged 
abusers. In cases with strong evidence of physical abuse, the court can 
prohibit the abusive spouse from returning home. The law also permits 
police to penalize spouses with fines of 100 lei to 3,000 lei ($29.90 
to $897) for various abusive acts.
    At the end of the year, 53 government and privately run shelters 
for victims of abuse provided free accommodation and food, assistance 
and counseling. The centers were too few and unevenly distributed, and 
some parts of the country lacked any kind of assistance. During the 
year the General Directorate for Child Protection (DGPC) in the 
Ministry of Labor, Family, and Social Protection, in partnership with 
NGOs, implemented programs to prevent and curb domestic violence and to 
provide better conditions for domestic violence victims.

    Sexual Harassment.--The law prohibits sexual harassment. Penalties 
vary significantly depending on whether the act is criminal or not and 
range from fines between 400 lei and 8,000 lei ($120 and $2,392) to 
imprisonment for three months to two years. Although the problem 
existed, public awareness of it continued to be low. No effective 
programs existed to educate the public about sexual harassment.

    Reproductive Rights.--Couples and individuals had the right to 
decide on the number, spacing, and timing of children and had the 
information and means to do so free from discrimination. The law 
provides for the right to information, education, and services for 
reproductive health without any discrimination, as well as the right to 
access modern family planning methods. The Ministry of Health provided 
free contraceptives to many women, including rural residents, students, 
and the unemployed. In 2009, according to the National Center for 
Statistics and Informatics in Public Health, 98.5 percent of mothers 
received skilled medical assistance during childbirth. According to the 
same source, in 2009, 82.5 percent of pregnant women were registered 
for prenatal care, and of those registered, 65.5 percent initially 
registered in the first quarter of pregnancy. Some women, especially 
Roma, had difficulty accessing reproductive health services for various 
reasons including lack of information, ethnic discrimination, lack of 
health insurance, and poverty. NGOs also noted the absence of a 
national strategy regarding reproductive rights, the lack of sexual 
education in schools, and the high number of teenage pregnancies (39 
per 1,000 live births for girls aged 15 to 19).
    HIV-positive women reported to the Euroregional Center for Public 
Initiatives (ECPI) that they had difficulty accessing maternal health 
care in maternity hospitals due to discrimination by medical personnel. 
They asserted they experienced degrading treatment, breaches of 
confidentiality, segregation, and denial of cesarean sections. The ECPI 
noted that the medical staffs of obstetrics and gynecology units did 
not appear to understand and apply the Ministry of Health's clinical 
guidelines for the management of pregnancy in HIV-positive women. The 
center received information that in some hospitals pregnant women were 
automatically tested for HIV prior to giving birth without informed 
consent and prior counseling, although HIV testing is voluntary under 
the law.
    While the law provides female employees reentering the workforce 
after maternity leave the right to return to their previous or a 
similar job, pregnant women could still suffer unacknowledged 
discrimination in the labor market.

    Discrimination.--Under the law women and men enjoy equal rights, 
including under family law, property law, and in the judicial system. 
In practice the government did not enforce these provisions, and 
authorities did not devote significant attention or resources to 
women's problems. Women occupied few influential positions in the 
private sector, and differences between the salaries of women and men 
continued to exist in most sectors of the economy. According to several 
surveys, including one from the National Statistics Institute and one 
from the World Bank, women were paid approximately 10-15 percent less 
than men doing the same work. According to the Ministry of Labor, 
Family, and Social Protection, women faced disadvantages in education; 
access to the labor market; social, political, and cultural life; and 
participation in decision-making. According to the ministry, many of 
these differences stemmed from segregation of labor (i.e., women work 
mostly in fields where salaries are lower, such as the service or 
public sector), traditions, and stereotypes.

    Children.--Birth Registration.--Citizenship is derived by birth 
from at least one citizen parent. Birth registration was not universal, 
and some children were denied public services as a result. The most 
common reason that children were not registered at birth was that 
parents did not declare the child's birth to authorities, sometimes 
because the parents lacked identity documents or residence papers, or 
because the birth took place abroad in countries where parents were 
present illegally. Most such children had access to schools, and 
authorities assisted in obtaining birth documents for unregistered 
children. However, the education of unregistered children depended on 
the decision of school authorities. Undocumented children also faced 
difficulties in getting access to health care.

    Education.--There were reports that Romani children were 
effectively segregated from non-Romani students and subject to 
discriminatory treatment (see section 6, National/Racial/Ethnic 
Minorities).

    Child Abuse.--Child abuse and neglect continued to be serious 
problems, and public awareness of them remained poor. The media 
reported several severe cases of abuse or neglect in family homes, 
foster care, and child welfare institutions. According to the DGPC, 
during the first nine months of the year, child welfare services 
identified 8,431 cases of child abuse, of which 829 were cases of 
physical abuse; 953, emotional abuse; 388, sexual abuse; 170, work 
exploitation; 38, sexual exploitation; 51, exploitation to commit 
criminal offenses; and 5,912, neglect. The Ministry of Labor, Family, 
and Social Protection implemented a project costing 14.3 million euros 
(approximately $18.6 million) jointly funded by the government and the 
Development Bank of the Council of Europe. The project's goal is to 
develop a community-based services network at local levels to prevent 
the separation of children from their families and to reunite children 
already separated from their families.
    In the first nine months of the year, according to official 
statistics, parents abandoned 1,092 children in maternity hospitals. 
NGOs claimed that the official statistics did not accurately account 
for many abandoned children and that many children living in state 
institutions were never officially recognized as abandoned.
    The government has not established a mechanism to identify and 
treat abused and neglected children and their families.

    Child Marriage.--In most cases the legal age of marriage is 18, 
although girls as young as 15 may legally marry in certain 
circumstances. Illegal child marriage was reportedly common within 
certain social groups, particularly the Roma. There were no statistical 
data regarding the extent of the practice, and information about 
individual cases surfaced only from time to time in the media.

    Sexual Exploitation of Children.--The criminal code stipulates 
three- to 10-year jail sentences for sexual acts with minors under 15 
years of age, the age of consent. The display, selling, dissemination, 
renting, distribution, and production of child pornography is 
punishable by five to 10 years in jail and, if coercion is used, by 15 
to 20 years in jail.

    Displaced Children.--According to DGPC, at the end of September 
there were 730 homeless children nationwide. NGOs working with homeless 
children believed there were actually two or three times that number. 
They noted that the number of homeless children technically declined 
because many of them reached adulthood while remaining on the streets.

    Institutionalized Children.--According to Hope and Homes for 
Children Romania, the country's branch of a British NGO which works in 
partnership with the government to close orphanages, 256 orphanages in 
the country housed 11,000 children at the end of 2010. The NGO noted 
that conditions in the orphanages improved with the support of EU 
funding and assistance from NGOs working in the field of child 
protection. However, staffing in orphanages remained insufficient, and 
the self-financing of such institutions was limited. Media reported 
instances in which children from orphanages were reportedly victims of 
pedophilia or kidnapped and sold to human traffickers, who then forced 
them to steal and beg abroad.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--According to the 2002 census, the Jewish population 
numbered 5,785. Acts of anti-Semitism continued during the year. Unlike 
in previous years, there were not any reports of acts of vandalism 
against Jewish sites.
    The NGO Center for Monitoring Anti-Semitism in Romania (MCA 
Romania) criticized authorities for playing down anti-Semitic 
vandalism, usually attributing the acts to children, drunks, or persons 
with mental disorders. The NGO asserted that police investigations of 
such acts were not thorough and criticized the lack of prosecutions 
that might deter future acts.
    The law prohibits public denial of the Holocaust and includes the 
oppression of Roma as well as Jews in its definition of Holocaust. 
There were no prosecutions under the statute during the year.
    In January the prosecutor's office of the Constanta Court of 
Appeals reopened for the third time the case against Constanta mayor 
Radu Mazare for marching onto a public stage in Mamaia in 2009 dressed 
as a Nazi officer, accompanied by his 15-year-old son dressed as a Nazi 
soldier. On March 23, the prosecutors closed the case once again, 
exonerating Mazare from any criminal offense.
    Extremist organizations occasionally held high-profile public 
events with anti-Semitic themes and continued to sponsor events, 
including religious services, symposia, and marches, commemorating 
leaders of the pre-World War II fascist Legionnaire Movement. Such 
events took place during the year in Bucharest and Piatra Neamt, where 
posters with former Legionnaire leader Corneliu Zelea Codreanu appeared 
in the streets.
    MCA Romania repeatedly warned that anti-Semitic, racist, 
xenophobic, and nationalistic views continued to be distributed via the 
Internet. Extremists such as Ion Coja, a former professor at the 
University of Bucharest, continued to deny in public, in the 
publications of the extreme nationalist Greater Romania Party (PRM), 
and on the Internet that the Holocaust occurred in the country. He also 
denied that the country's leader during World War II, Marshal Ion 
Antonescu, participated in Holocaust atrocities in territory 
administered by the country.
    During the year the extremist press continued to publish anti-
Semitic articles. The New Right movement and similar organizations and 
associations continued to promote the ideas of the Iron Guard (an 
extreme nationalist, anti-Semitic, pro-Nazi group that existed in the 
country during the interwar period) in the media and on the Internet. 
Organizations with extreme right-wing views also republished 
inflammatory books from the interwar period.
    During the year the publications of the PRM, headed by Corneliu 
Vadim Tudor, continued to carry statements and articles containing 
strong anti-Semitic attacks.
    The government continued to make progress in its effort to expand 
education on the history of the Holocaust in Romania. The study of the 
Holocaust is included in history courses in the seventh, ninth, 11th, 
and 12th grades. The Elie Wiesel Institute for the Study of the 
Holocaust in Romania is also very active in educating the general 
public. On various occasions throughout the year, high-level officials 
continued to make public statements against extremism, anti-Semitism, 
xenophobia, and Holocaust denial.

    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 all persons with disabilities in employment, education, access 
to health care, and the provision of other services. However, the 
government did not fully implement the law, and discrimination against 
persons with disabilities remained a problem.
    The law mandates accessibility for persons with disabilities to 
buildings and public transportation. In practice the country had few 
facilities specifically designed to accommodate persons with 
disabilities, and persons with disabilities could have extreme 
difficulty navigating city streets or gaining access to public 
buildings. However, the number of buildings with facilities for persons 
with disabilities increased during the year.
    According to the Ministry of Labor, Family, and Social Protection, 
690,496 persons with disabilities were registered at the end of June, 
and only 12.04 percent were employed.
    According to reports in previous years by the Center for Legal 
Resources, a human rights NGO, the procedures for commitment, living 
conditions, and treatment of patients in many psychiatric wards and 
hospitals did not meet international human rights standards and were 
below professional norms.
    In many cases people with disabilities face institutional and 
societal discrimination, such as an occurrence during the year of a 
person being denied access to a club because he was in a wheelchair.
    In August the CNCD fined a member of the European Parliament, Gigi 
Becali, for using the word ``handicapped'' in a derogatory sense for 
people with disabilities by calling a journalist ``handicapped'' in 
order to insult him.
    Some minors were sent to psychiatric hospitals without the consent 
of their legal guardians. According to human rights NGOs, there was no 
system to ensure that government-run care institutions observed the 
rights of children with mental disabilities.

    National/Racial/Ethnic Minorities.--Discrimination against Roma 
continued to be a major problem. Romani groups complained that police 
brutality, including beatings, and harassment, was routine. Both 
domestic and international media and observers widely reported societal 
discrimination against Roma. At the end of the year, the parliament 
enacted a National Roma Strategy aimed at improving the lives of Roma. 
The NGO and diplomatic communities were widely critical of the strategy 
for not having measurable goals for progress or adequate funding.
    Observers estimated that there were between 1.8 and 2.5 million 
Roma in the country, approximately 10 percent of the total population. 
However, the most recent official census, taken in 2002, counted 
535,000 Roma, or 3 percent of the population. According to NGOs, 
earlier government figures were low because many Roma did not reveal 
their ethnicity, were mistakenly assumed to be Romanian, or lacked any 
form of identification.
    On April 8, following a violent incident between the family of the 
mayor of Racos, Brasov County, and a group of Roma, four Roma and the 
mayor's son needed medical care. Approximately 300-400 ethnic 
Hungarians prepared to go to an area inhabited by Roma with stones, 
axes, and other weapons in hand. Significant police forces arrived in 
time to prevent violent clashes, and police started an investigation of 
the incident. The city hall subsequently hired a private security 
company to help defuse tensions in the locality. Both the mayor and the 
Roma filed complaints. The prosecutor's decision to send the Roma to 
court for disturbance of public order was appealed, and a decision was 
pending at year's end. Police were investigating the Romani complaint 
at the end of the year.
    Stereotypes and discriminatory language regarding Roma were 
widespread; journalists and several senior government officials made 
statements that were viewed as discriminatory by members of the Romani 
community.
    The Senate and the Chamber of Deputies rejected separately, on 
February 9 and April 5, a draft bill submitted by Chamber of Deputies 
member Silviu Prigoana that proposed replacing the word ``Rom'' with 
``Gypsy'' in official documents. The initiative generated heated 
debates, with a broad range of state institutions, including the 
Ministry of Foreign Affairs, the National Agency for Roma, the Ministry 
of Culture, the Interethnic Relations Department, the government's 
Secretariat General, and the CNCD, opposing the bill. However, the 
Romanian Academy supported the bill, arguing that the term ``Gypsy'' 
represented the ``correct name of this transnational population.''
    On October 17, the CNCD admonished President Basescu for a 
September statement blaming Finland's opposition to Romania's accession 
to the Schengen area on the ``Gypsies,'' who ``aggressively beg and 
steal'' in Finland.
    According to media reports, evictions of Roma continued in 
Bucharest, Buzau, Cluj Napoca, and other localities during the year. In 
a report released in June, Amnesty International criticized Romania for 
failing to observe the right of Roma to decent housing and urged the 
government to stop the evictions. Amnesty International noted that the 
alternative housing offered to the evicted Roma did not meet minimum 
living standards, lacking water, heating, and electricity.
    On November 15, the CNCD decided that the forced relocation of 40 
Romani families to an area next to a garbage dump in the Pata Rat 
neighborhood, on the outskirts of Cluj-Napoca, represented a 
discriminatory act and fined the local authorities 8,000 lei ($2,392). 
It further recommended that local authorities identify an adequate 
solution for these Roma. Amnesty International called on the local 
authorities of Cluj-Napoca and the national government to provide 
effective remedies and reparations to the victims of the forced 
eviction.
    A similar crisis was averted by domestic and international pressure 
from Amnesty International, and with the assistance of the Soros 
Foundation, when the mayor of Baia Mare canceled the removal of four 
Romani neighborhoods and demolition of the houses there. However, on 
November 15, the CNCD fined the mayor 6,000 lei ($1,794) for erecting a 
large concrete wall that separated the housing of Roma and their 
neighbors in a highly symbolic way. At year's end the wall remained in 
place, and negotiations continued concerning alternative housing for 
the affected Roma.
    NGOs reported that Roma were denied access to, or refused service 
in, many public places. Roma also experienced persistent poverty, poor 
access to government services, a shortage of employment opportunities, 
high rates of school attrition, inadequate health care, and pervasive 
discrimination. According to the Barometer for Social Inclusion 2010, 
45 percent of Roma who worked did not have a stable job. NGOs and the 
media reported that discrimination by teachers and other students 
against Romani students was a disincentive for Romani children to 
complete their studies.
    Despite an order by the Ministry of Education forbidding 
segregation of Romani students, there were anecdotal reports of Romani 
children being placed in the back of classrooms, teachers ignoring 
Romani students, and unimpeded bullying of Romani students by other 
schoolchildren. In some communities, authorities placed Romani students 
in separate classrooms or even in separate schools. The NGO Ovidiu Rom 
worked to assist and encourage Romani children in the school enrollment 
process. The NGO also continued its national public awareness campaign 
``scoala te face mare'' (``school makes you great'') to promote the 
importance of school enrollment, particularly kindergarten enrollment, 
to Romani parents and children.
    A research project by the Impreuna Agency for Community Development 
conducted in April-May 2010 in 100 schools revealed that Romani 
children were segregated, received lower quality education, experienced 
discrimination from non-Romani peers and teachers, and had a higher 
dropout rate than non-Romani students (6.7 percent of Romani children, 
compared to 4.3 percent of non-Romani). The main reasons for dropping 
out of school were material shortages such as lack of school supplies 
and clothes (44 percent), poor grades (16 percent), lack of parental 
interest in schooling their children (9 percent), and early marriage (4 
percent).
    According to a survey conducted by Romani CRISS as part of a 
project funded by the U.N. Children's Fund entitled ``Dimensions of 
Early Childhood Education and School Participation of Roma in 
Romania,'' segregation is more often encountered in primary school, 
where 64.5 percent of Romani students learned in segregated classes, 
whereas in secondary school 53 percent were in such classes.
    On December 21, Romani CRISS and ECPI filed a complaint with the 
CNCD regarding the segregation of Romani children in Marie Sklodowska 
Curie Emergency Hospital for Children in Bucharest.
    Romani communities were largely excluded from the administrative 
and legal systems. According to surveys in 2007 and 2008, between 1.9 
and 6 percent of Roma lacked identity cards, compared to 1.5 percent of 
non-Roma. The lack of identity documents excluded Roma from 
participating in elections, receiving social benefits, accessing health 
insurance, securing property documents, and participating in the labor 
market. Roma were disproportionately unemployed or underemployed. 
According to the Barometer for Social Inclusion 2010, 60 percent of 
Romani households lived on less than the minimum wage. The average 
monthly income of Romani households was 657 lei ($196).
    NGO observers noted Romani women faced both gender and ethnic 
discrimination. Romani women often lacked the training, marketable 
skills, or relevant work experience to participate in the formal 
economy. According to a survey by the Association of the Romanian 
Romani Women, 67 percent of the Romani women polled were housewives and 
80.7 percent did not report any professional skills.
    The National Agency for Roma is tasked with coordinating public 
policies for Roma. Romani NGOs, however, criticized the scope of this 
agency's responsibilities, noting that they are too broad and often 
overlap with the activities of other government bodies. During the 
year, the National Agency for Roma worked on six three-year strategic 
projects, costing 22.2 million euros ($28.9 million), financed jointly 
with the EU. The agency completed five of them by year's end.
    In December the government approved a national strategy for the 
inclusion of the Roma for the period 2012-2020. Romani NGOs and others 
criticized the strategy for not defining specific measurable benchmarks 
and goals and failing to identify its funding sources.
    To improve relations with the Romani community, police continued to 
use Romani mediators to facilitate communication between Roma and the 
authorities and assist in crises.
    Within the General Inspectorate of the Romanian Police, an advisory 
board is responsible for managing the relationship between police and 
the Romani community. During the year the Institute for Public Order 
Studies within the Ministry of the Administration and Interior 
conducted six training sessions for more than 300 police officers to 
promote human rights legislation and the prevention of torture and 
other forms of mistreatment. In May the general inspectorate also 
signed a partnership with the Ovidiu Rom Association to implement a 
project designed to reduce juvenile delinquency and child victimization 
within the Romani population. Several other projects were implemented 
throughout the year by local police units in Bucharest, Braila, Dolj, 
and Mures to facilitate police interaction with the Romani community 
and to encourage young members of this ethnic group to apply for police 
jobs.
    According to the most recent census conducted in 2002, ethnic 
Hungarians are the country's largest ethnic minority with a population 
of 1.4 million.
    In the Moldavia region the Roman Catholic, Hungarian-speaking 
Csango minority continued to operate government-funded Hungarian-
language classes. According to the Association of Csango Hungarians in 
Romania (AMCM), 1,011 students in 17 schools received Hungarian-
language classes during the 2011-2012 academic year. In 25 localities 
the AMCM sponsored daily educational activities in the Hungarian 
language. In some other localities, such as Pargaresti, Luizi Calugara, 
and Tuta, requests for Hungarian language classes were denied. The AMCM 
continued to complain that there was no Hungarian-speaking school 
inspector at the School Inspectorate of Bacau County.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination based on sexual orientation; however, NGOs reported that 
police abuse and societal discrimination against LGBT persons was 
common and that open hostility prevented the reporting of some 
harassment and discrimination. Members of the LGBT community continued 
to voice concerns about discrimination in public education and the 
health care system. During the year the NGO ACCEPT provided legal 
counseling to 50 people, primarily transgender persons. Most of them, 
fearing further discrimination, decided not to file formal complaints 
about their alleged mistreatment. The NGO also reported cases in which 
the police harassed individuals they suspected of being gay.
    There were two officially registered LGBT organizations, ACCEPT and 
LGBTeam. Other LGBT groups lacked legal status and generally kept a low 
public profile.
    On June 4, approximately 150 persons participated in the annual 
``March of Diversity'' gay pride parade in Bucharest. Local authorities 
mobilized numerous police to protect the participants, and the parade 
ended without violent incidents. The New Right, an extreme-right 
nationalistic and homophobic group, sponsored a ``March for Normalcy'' 
antigay rally on the same day as the March for Diversity, but at a 
different time and location. ACCEPT provided legal counseling to an 
individual who stated that he was beaten after the parade. The case was 
under investigation at year's end. Asking about the status of a case of 
five individuals who had been beaten after the gay pride parade in 
2006, ACCEPT found out that the police dropped the investigation 
altogether, claiming that they could not identify the assailants, 
although the victims had identified one of them right after the 
incident.
    In November, at the beginning of an artistic documentary about the 
life of two young Romanian gay men presented during a film festival in 
Bucharest, representatives of the extreme rightist organization the New 
Right entered the cinema hall, shouted homophobic slogans, lit a flare, 
and left after two to three minutes.
    During the year ACCEPT filed several complaints with the CNCD, one 
against a television presenter who made antigay statements on his blog; 
the CNCD decided to admonish him. Two other complaints were filed with 
police against a person who harassed a client at a gym for his presumed 
sexual orientation and against several policemen who harassed an 
individual at the police precinct on the same grounds.
    In November a member of parliament stated in an interview that 
pedophilia is a ``branch of homosexuality.''

    Other Societal Violence or Discrimination.--Under the law HIV-
infected persons have the right to confidentiality and to adequate 
treatment. However, discrimination against persons with HIV/AIDS 
impeded access to routine medical and dental care, and authorities 
rarely enforced laws prohibiting this form of discrimination. Breaches 
of confidentiality involving individuals' HIV status were common and 
rarely punished.
    Observers noted widespread discrimination faced by children with 
HIV/AIDS and authorities' failure to protect them from discrimination, 
abuse, and neglect. Some doctors reportedly refused to treat children 
and youths with HIV/AIDS. Medical personnel, school officials, and 
government employees did not always maintain the confidentiality of 
information about the children.
    More than half of HIV-infected adolescents were sexually active; 
they frequently experienced reduced access to facilities for 
reproductive health care and the prevention of HIV and sexually 
transmitted infections. The government provided access to 
antiretroviral therapy; however, stigma and discrimination against 
persons with HIV/AIDS frequently impeded their access to education, 
other medical care, government services, and employment. Fewer than 60 
percent of HIV-positive children and adolescents attended some form of 
schooling.
    According to official statistics, 10,642 patients diagnosed with 
HIV and AIDS were registered as of June, 243 more than in 2010. Many of 
them were targets of social discrimination. Many, having dropped out of 
school due to stigmatization, discrimination, or disease, were believed 
to have a low level of formal education. In September the National 
Union of Organizations of Persons with HIV/AIDS (UNOPA) concluded a 
project that was aimed at giving vocational training to HIV-positive 
young people to help them find jobs. The program increased the 
capability of more than 1,000 HIV-positive individuals to work and 
raised employers' awareness regarding the rights and needs of HIV-
positive persons.
    According to a UNOPA report released in October, hundreds of HIV-
positive persons in Bucharest, Botosani, Iasi, Suceava, and Petrosani 
had to discontinue treatment because of the faulty distribution of 
funds for HIV medications by the National Health Insurance House. The 
report also revealed difficulties in accessing dental and gynecological 
services. UNOPA stated that only a small number of HIV-positive persons 
had jobs because they feared applying for work, believed coworkers 
might find out about their disease, or feared they were not up to the 
challenges of regular work.

    Promotion of Acts of Discrimination.--Throughout the year 
government officials made statements that contributed to ethnic 
stereotyping of Roma (see section 6, National/Racial/Ethnic 
Minorities).
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution allows workers to form and join independent labor 
unions without prior authorization, and workers freely exercised this 
right. However, employees of the Ministry of National Defense, most MAI 
and Ministry of Justice employees, and prison and intelligence 
personnel did not have the right to unionize. The law allows unions to 
conduct their activities without interference, and the government 
protected this right in practice.
    Although the law permits strikes by most workers, lengthy and 
cumbersome requirements made it difficult to hold strikes legally. 
Unions may strike only if all arbitration efforts have failed and 
employers are given 48 hours' notice. Strikes are only permitted in 
defense of workers' economic interests, and compulsory arbitration is 
required after 20 days. Judges, prosecutors, some justice ministry 
staff, and employees of the intelligence service and the ministries of 
national defense and interior do not have the right to strike.
    Until May 1, when a new labor code went into effect, the law 
provided workers the right to bargain collectively at the national 
level. National collective labor contracts were previously negotiated 
every four years. After the implementation of the new code, employers 
and unions could negotiate collective bargaining agreements at lower 
levels, although these levels were not defined by year's end. The new 
law provides no legal basis for national umbrella collective labor 
contracts. Employers no longer need to consult with unions on such 
issues as granting employees leave without pay or reducing the workweek 
due to economic reasons. The main employers' associations, trade 
unions, and the government last negotiated a national collective labor 
contract for 2007-10.
    The law protects against antiunion discrimination; however, due to 
extensive legal loopholes, enforcement remained minimal. Under the new 
labor code, union leaders may be fired for reasons related to their 
professional performance as an employee. The previous law protected 
them from dismissal during their mandate as union officials and for two 
years thereafter. Union leaders expressed discontent with the new law.
    On the enforcement side, unions also complained that they must 
submit their grievances to government-sponsored arbitration before 
initiating a strike and that the courts had a propensity to declare 
strikes illegal. Companies may claim damages from strike organizers if 
a court deems a strike illegal.
    Unions expressed concern about excessive political influence at 
workplaces in public institutions. The alleged interference included 
appointment of managers for political reasons and instances where 
politically connected managers received prior information about 
supposedly unannounced labor inspections.
    In practice the right of association was generally respected and 
union officials stated that registration requirements stipulated by law 
were complicated but generally reasonable. However, unions objected to 
the requirement that they submit lists of prospective union members 
with their registration application. Since employers also had access to 
this list, union officials feared that this could lead to reprisals 
against individual unionized employees, hindering the formation of new 
unions.
    In one example of antiunion discrimination, a major news 
organization fired six journalists, who were members of the Romanian 
Journalists Federation, after complaints to the Labor Inspection 
Authority led to the finding that the news organization ignored 
provisions of an existing collective labor agreement.
    Public controversy regarding union leaders' wealth and allegations 
of corruption emerged. Media reports focused on the wealth accumulated 
by certain union leaders, and in February their personal declarations 
of assets submitted to the ANI were made public.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred. Persons, primarily Romanian women 
and children and women and children from Moldova, Colombia, and France, 
were forced to engage in begging and petty theft.
    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 most forms of employment is 16, but children may work 
with the consent of parents or guardians at age 15. The law prohibits 
minors from working in hazardous conditions, provides a basis for the 
elimination of hazardous work for children, includes a list of 
dangerous jobs, and specifies penalties for offenders. Parents whose 
children carry out hazardous activities are required to attend parental 
education programs or counseling and can be fined between 100 and 1,000 
lei ($30 to $300) for failure to do so. Persons who employ children for 
hazardous tasks can be fined 500 to 1,500 lei ($150 to $449).
    Minors over the age of 15 who are enrolled in school are also 
prohibited from performing specified activities that might endanger 
their health, morality, or safety. Children under the age of 16 who 
work have the right to continue their education, and the law obliges 
employers to assist in this regard. Children aged 15 to 18 may only 
work six hours per day and no more than 30 hours per week, provided 
their school attendance is not affected. In practice, however, many 
children reportedly did not attend school while working. Minors cannot 
work overtime or during the night and have the right to an additional 
three days of annual leave.
    The law requires schools to notify social services immediately if 
children miss class to work. Social services have the responsibility to 
reintegrate such children into the educational system. The government 
did not conduct information campaigns to raise awareness of child labor 
and children's rights among children, potential employers, school 
officials, and the general public during the year as it had in previous 
years.
    The Ministry of Labor, Family, and Social Protection can impose 
fines and close factories where it finds exploitation of child labor. 
However, enforcement of all but extreme violations tended to be lax. 
Employers found to have violated child labor laws were generally fined, 
not prosecuted in court. There were no anecdotal reports during the 
year of anyone being charged in court with violating child labor laws, 
and the Ministry of Justice does not maintain these statistics. In 
practice judges did not consider violations of the child labor law to 
be criminal offenses.
    Child labor, including begging, selling trinkets on the street, and 
washing windshields, remained widespread in Romani communities, 
especially in urban areas. Children as young as five engaged in such 
activities.
    The DGPC in the Ministry of Labor, Family, and Social Protection is 
mandated with monitoring and coordinating all programs for the 
prevention and elimination of the worst forms of child labor.
    Of the 182 confirmed cases of child labor reported for the first 
six months of the year, 71 were in urban areas and 111 in rural areas; 
83 of the victims were girls and 99 were boys; 114 victims were under 
14 years of age, and 46 were between 14 and 18. The confirmed cases 
involved bonded labor (111 cases), sexual exploitation (23 cases), and 
exploitation for committing illicit activities (48 cases).

    d. Acceptable Conditions of Work.--Beginning in January the gross 
minimum wage was 670 lei (approximately $200) for a full-time schedule 
of 170 hours per month, or approximately 3.94 lei ($1.18) per hour. The 
minimum wage for skilled workers was 20 percent higher. According to 
Eurostat, the monthly individual income level for persons ``at risk of 
poverty threshold'' was 907 lei ($271) in 2010.
    The law provides for a standard workweek of 40 hours or five days. 
Workers are entitled to overtime pay for weekend or holiday work or 
work in excess of 40 hours, which may not exceed 48 hours per week 
averaged over one month. The law requires a 24-hour rest period in the 
workweek, although most workers received two days off per week. The new 
law also allows employers to shorten employees' work schedules from 
five to four days per week when workplace activity is reduced for 
economic or technical reasons with a corresponding reduction in salary. 
The new labor code increased salaries for night-shift employees by 25 
percent under certain conditions. Excessive overtime can lead to fines 
on employers if workers file a complaint; however, complaints are rare. 
The law provided for paid holidays.
    The new labor code relaxes procedures for the hiring and firing of 
employees and provides employers more control regarding performance-
based evaluation of employees. Lengthier trial periods for new 
employees are now permitted and termination procedures during this 
probationary period have been simplified.
    The new labor code introduces provisions regarding temporary and 
seasonal work and provides penalties for work performed without a labor 
contract in either the formal or informal sectors of the economy. 
Employers who use illegal labor may be jailed or fined up to 100,000 
lei ($29,900). After the new law entered into force, tens of thousands 
of new, mostly temporary, contracts were registered. The maximum 
duration of a temporary contract is extended from 24 to 36 months and 
is now in accordance with EU law.
    The Ministry of Labor, Family, and Social Protection is responsible 
for enforcing the law on working conditions, safety, and minimum wage 
rates. According to union reports, many employers paid supplemental 
salaries under the table to reduce both the employees' and employers' 
tax burdens. This practice negatively affected employees' future 
pensions and their ability to obtain commercial credit.
    The ministry believed it effectively enforced working time 
standards. However, union leaders complained that overtime violations 
were the main problem facing their members, since employees were often 
required to work more than the legal maximum number of hours, and the 
overtime compensation required by law was not always paid. This 
practice was especially prevalent in the textile, banking and finance, 
and construction sectors. Union officials alleged that a majority of 
on-the-job accidents occurred during such compulsory, uncompensated 
overtime. During the year the prohibition on work without a labor 
contract was weakly enforced, in part because of corruption within the 
Labor Inspectorate, and also because both employers and employees could 
benefit from lower taxes by working without a labor contract or 
receiving a supplemental salary under the table. Sanctions against 
employers using illegal labor under the previous law were rarely fully 
enforced. The country had an estimated 1,500 labor inspectors at the 
national level.
    The ministry is responsible for establishing and enforcing safety 
standards for most industries but lacked trained personnel to do so 
effectively. Employers often ignored the ministry's recommendations, 
which were usually implemented only after an accident occurred.

                               __________

                                 RUSSIA

                           EXECUTIVE SUMMARY
    The Russian Federation has a centralized political system, with 
power highly concentrated in a president and a prime minister, a weak 
multiparty political system dominated by the ruling United Russia 
party, and a bicameral legislature (Federal Assembly). The Federal 
Assembly consists of a lower house (State Duma) and an upper house 
(Federation Council). Security forces generally reported to civilian 
authorities; however, in some areas of the Northern Caucasus, there 
were serious problems with civilian control of security forces.
    The most significant human rights problems during the year 
involved:
    1. Violations of Democratic Processes: Parliamentary elections were 
held in December; domestic and international observers described these 
elections as marked by government interference, manipulation, electoral 
irregularities, and restrictions on the ability of opposition parties 
to organize, register candidates for public office, access the media, 
or conduct political campaigns.
    2. Administration of Justice and Rule of Law: Individuals who 
threatened powerful state or business interests were subjected to 
political prosecution, as well as to harsh conditions of detention. The 
conditions of prisons constituted a major violation of the human rights 
of many prisoners, who were subjected to poor medical care, lack of 
basic human needs, and abuse by prison officials. These conditions at 
times resulted in death. The government did not take adequate steps to 
prosecute or punish most officials who committed abuses, resulting in a 
climate of impunity. Rule of law was particularly deficient in the 
North Caucasus, where the conflict between the government and 
insurgents, Islamist militants, and criminal forces led to numerous 
human rights abuses by security forces and insurgents, who reportedly 
engaged in killing, torture, physical abuse, and politically motivated 
abductions. In addition the government of Ramzan Kadyrov in Chechnya 
continued to violate fundamental freedoms, engage in collective 
retribution against families of suspected militants, and foster an 
overall atmosphere of fear and intimidation.
    3. Freedom of Expression: While there was free expression on the 
Internet and in some print and electronic media, self-censorship and 
the government's ownership of and pressure on some print and most 
broadcast media outlets limited political discourse. Some journalists 
and activists who publicly criticized or challenged the government or 
well-connected business interests were subject to physical attack, 
harassment, increased scrutiny from government regulatory agencies, 
politically motivated prosecutions, and other forms of pressure. 
Attacks on and killings of journalists and activists occurred, and a 
number of high-profile cases from previous years remained unsolved. 
During the December Duma elections, Web sites that published reports of 
electoral fraud were disabled by distributed denial of service (DDoS) 
attacks.
    Other problems observed during the year included physical abuse of 
conscripts by military officers; restrictions on the right to free 
assembly; widespread corruption at all levels of government and law 
enforcement; violence against women and children; trafficking in 
persons; xenophobic attacks and hate crimes; societal discrimination, 
harassment, and attacks on religious and ethnic minorities and 
immigrants; societal and official intimidation of civil society and 
labor activists; discrimination against lesbian, gay, bisexual, and 
transgender (LGBT) persons; limitations on the rights of workers..
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--In the North 
Caucasus, there were numerous extrajudicial killings carried out by 
both authorities and local militants (see section 1.g.).
    On October 13, Colonel Boris Khubiyev, deputy department head of 
the Military Prosecutor General's Office, reported nine deaths as a 
direct result of military hazing. The nongovernmental organization 
(NGO) Committee of Soldiers' Mothers believed that the vast majority of 
cases went unreported and contended that the actual number could be 10 
to 12 times higher.
    As of October, 119 soldiers had committed suicide, many as a result 
of hazing. On August 23, a young recruit shot himself in the head in 
Volgograd Oblast. He left a letter explaining that he could no longer 
endure the threats and taunts of his commanding officer.
    On September 3, Private Aiderkhanov from a Tatar-Bashkir village in 
Chelyabinsk Oblast was found dead after reportedly hanging himself. The 
body of Aiderkhanov showed significant injuries, including missing 
teeth, a broken leg, a knife wound to the chest, and cigarette burns. 
Residents from Aiderkhanov's village drafted a petition to the Ministry 
of Defense declaring that they would not allow their sons to be drafted 
into the army until those responsible for Aiderkhanov's death were 
brought to justice. On October 27, according to online news source 
News.ru, the director of the Research Institute of Forensics, Alexander 
Vlasov, concluded that the trauma on Aiderkhanov's body was inflicted 
while he was still alive. In October the Ministry of Defense opened an 
investigation.
    Several journalists, including Garun Kurbanov, Yakhya Magomedov, 
and Khazimurad Kamalov, were killed during the year for reasons 
apparently related to their professional activities (see section 2.a.).
    Prison officials and police subjected inmates and suspects in 
custody to acts of torture or neglect that occasionally resulted in 
death. On November 9, it was reported that Deputy Director of the 
Federal Penitentiary Service (FSIN) Alexey Velichko stated that 258 
people died in jail in the first nine months of the year. In 2011, 
according to the Civil Commission for Relations with the Justice 
System, approximately 50 people died in pretrial detention from various 
causes, while the FSIN reported that 44 people died in Moscow pretrial 
detention centers, compared with 64 in 2010.
    In March Chelyabinsk Oblast Ombudsman for Human Rights Aleksey 
Sevastyanov submitted a complaint to Urals Federal District Chief 
Prosecutor Yuriy Zolotov, claiming that a January suicide in a Kopeysk 
Prison was staged by prison officials to hide signs of torture on a 
convict's body and that the prison's film studio had been used to 
produce a fake suicide video. The complaint alleged that the oblast 
prosecutor's office was complicit in covering up the case. It noted 
that the victim, Sergey Samuylenkin, had just one year left on his 
prison term and left no suicide note. Independent experts enlisted by 
Samuylenkin's relatives maintained that his death was caused by over 70 
beatings and forced suffocation. The prosecutor did not call 
independent medical experts or Samuylenkin's cellmates as witnesses in 
the case. On April 22, Lieutenant P. Chikulin, senior investigator of 
the Investigation Department of Kopeysk of Chelyabinsk Regional 
Investigation Directorate of the Investigation Committee of the Russian 
Federation, ruled not to initiate a criminal case due to the absence of 
any evidence of criminal intent.
    On November 17, charges of negligence were filed against Aleksandra 
Artamonova, a specialist from an independent medical center, in the 
2010 death of businesswoman Vera Trifonova in a Moscow pretrial 
detention center. Investigators charged that Dr. Artamonova forgot to 
remove a catheter from Trifonova's vein, which caused a clot and led to 
the patient's death. Human rights advocates believed that Trifonova was 
intentionally denied access to medical care for months to pressure her 
into confessing to fraud charges.
    The prime suspect in the 2010 death of Judge Eduard Chuvashov, a 
Russian neo-Nazi named Aleksey Korshunov, was killed in an accidental 
explosion on October 7, when a grenade he was carrying detonated. There 
were no further developments in the Chuvashov case by year's end.
    On May 6, a Moscow court sentenced Russian ultranationalists Nikita 
Tikhonov and Yevgeniya Khasis to life in prison and 18 years in prison, 
respectively, for the 2009 killing of lawyer Stanislav Markelov and 
Novaya Gazeta reporter Anastasiya Baburova.

    b. Disappearance.--Reports of politically motivated disappearances 
in connection with the conflict in the Northern Caucasus continued (see 
section 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, there 
were numerous, credible reports that law enforcement personnel engaged 
in torture, abuse, and violence to coerce confessions from suspects, 
and there were allegations authorities did not consistently hold 
officials accountable for such actions. There is no law defining 
torture, and prosecutors are therefore only able to bring charges of 
simple assault or exceeding authority against police suspected of 
engaging in torture. Government forces engaged in the conflict in the 
North Caucasus reportedly tortured and otherwise mistreated civilians 
and participants in the conflict (see section 1.g.).
    Physical abuse of suspects by police officers usually occurred 
within the first few hours or days after arrest. Some of the methods 
reportedly used included beatings with fists, batons, or other objects.
    On November 29, Aleksandr Bastrykin, chairman of the Investigative 
Committee of the Russian Federation (SKR), ordered an investigation 
into the death of 23-year-old Yevgeniy Kotov in the Ministry of 
Internal Affairs (MVD) division police station in Vladimir Oblast. 
According to the SKR press service, Kotov was arrested on suspicion of 
breaking into a home. Kotov disappeared on October 16, and his family 
later found his body, which showed signs of torture, in the morgue, 
where it had been taken by the MVD division. Kotov had spent about an 
hour at the MVD station. According to the police shift commander, 
Captain D. Aliyev, Kotov mutilated himself (including genitalia) at the 
police station, then walked out on the stair landing and fell to his 
death. Police stated that video evidence from surveillance cameras 
within the police station was unavailable as the tapes had been reused. 
Family members believed that police officers at the station killed 
Kotov.
    On October 7, the case of Sapiyat Magomedova, a human rights lawyer 
charged in 2010 with ``insult to a representative of authority'' after 
she was beaten by police at a police precinct, was returned to the 
prosecutor's office when the judge ruled the charges unjustified. 
Although Magomedova was able to identify the officers whom she claimed 
attacked her, the Khasavyurt City Court asked the prosecutor to 
reexamine the case against two of the officers in September and halted 
the trials of the other two until further notice. On November 14, the 
Dagestan Supreme Court rejected Magomedova's appeal to overturn the 
Khasavyurt City Court's prior decision, with the expectation that 
criminal charges would be refiled. Magomedova remained under a travel 
ban at year's end.
    There continued to be attacks on political and human rights 
activists, critics of government policies, and persons whom the 
government considered supportive of the opposition. On June 6, Bakhrom 
Hamroev, a human rights defender who worked on issues related to 
Central Asia and Islam with the NGO Human Rights Center Memorial, was 
beaten by unidentified men near his home. He was repeatedly punched, 
kicked, and sprayed with mace. Investigators discovered that the lens 
of the video camera on the front door of the building was covered with 
chewing gum, suggesting that the attack was premeditated. Hamroev was 
previously attacked in December 2010, he alleged by law enforcement 
officers.
    On March 14, it was reported that investigators formally charged 
Andrey Chernyshev, a department head in the administration of the 
Khimki district in Moscow Oblast, and five others with organizing a 
2010 attempt to murder environmental activist Konstantin Fetisov. No 
trial date was set.
    During the year reports by refugees, NGOs, and the press suggested 
a pattern of beatings, arrests, and extortion by police when dealing 
with persons who appeared to be of Caucasus, Central Asian, African, or 
Roma ethnicity.
    Human rights activists told Moskovskiye Novosti that they received 
complaints daily about illegal detentions in psychiatric hospitals 
throughout the country. In November the newspaper reported that the 
director of a state psychiatric hospital in Kome committed hospital 
staff member Svetlana Punegova to the psychiatric ward against her 
will. Punegova was reportedly forced to spend more than 24 hours in 
confinement, together with patients diagnosed with serious mental 
illnesses, after she persisted in asking for a salary increase. When 
she was released, she immediately filed a criminal complaint against 
the hospital, and the Investigative Committee initiated a case for 
``unlawful placement in a hospital.'' On November 10, the Federal 
Investigative Committee determined that Punegova should be sent to 
Moscow for expert psychiatric analysis to be used in the investigation 
because it did not trust local doctors to conduct relevant tests.
    Physical abuse and hazing continued to be a problem in the 
military. On October 20, Vladimir Molodykh, head of the Main Military 
Prosecutor's Directorate, reported that more than 1,500 cases of hazing 
had been registered during the year, a 25 percent drop from 2010. Chief 
Military Prosecutor Sergey Fridinskiy stated that in the first half of 
2011, assault charges were brought against 75 lieutenants and more than 
170 sergeants. The Committee of Soldiers' Mothers received 
approximately 25,000 complaints about hazing during the year, 
approximately the same number as in 2010. The complaints mostly 
concerned alleged beatings but also included alleged sexual abuse, 
torture, and enslavement. According to the Committee of Soldiers' 
Mothers, soldiers often did not report hazing to unit officers or 
military prosecutors due to fear of reprisal, since in some cases 
officers allegedly tolerated or even encouraged hazing as a means of 
controlling their units. Such cases were usually investigated only 
following pressure from family members, NGOs, or the media.
    In July a conscript from Chelyabinsk was badly beaten with a rifle 
butt by an officer in Stavropol Krai, leading him to attempt suicide by 
jumping out of a fifth floor window. The conscript was hospitalized in 
serious condition but was able to give details of the incident. The 
officer involved gave himself up and testified about the details of the 
incident, which did not result in criminal charges of ``incitement to 
suicide.'' The officer was relieved of duty.

    Prison and Detention Center Conditions.--According to the FSIN, as 
of December 1, the prison population was 749,600. This figure included 
634,500 offenders held in 760 correctional colonies, 42,900 offenders 
in open colonies, 1,620 prisoners serving life sentences in five 
prisons, and 2,900 juveniles in 47 educational colonies. In addition, 
approximately 112,400 detainees were being held in 230 pretrial 
detention centers, compared with 129,800 in 2010. There were 
approximately 62,200 women in prison. In 13 facilities, women were 
allowed to have their children with them.
    Detainees were held in five types of facilities: temporary police 
detention centers, pretrial detention facilities, correctional labor 
colonies (ITKs), prisons designated for those who violate ITK rules, 
and educational labor colonies for juveniles.
    The Russian federal standard of space per person in detention is a 
minimum of 43 square feet, which was generally followed but less than 
the 75 square-foot standard set by the European Convention on Human 
Rights. Prison reform activists said prison officials deliberately 
overcrowd prisoners whom they want to pressure. Authorities permitted 
some monitoring by independent nongovernmental observers.
    Prison conditions remained harsh and at times life threatening, 
resulting in approximately 50 deaths during the year in pretrial 
detention centers, according to the Moscow Helsinki Group and For Human 
Rights. In October school principal Andrey Kudoyarov died from a heart 
attack after waiting 43 minutes for an ambulance. In prison since June, 
Kudoyarov had exhibited signs of distress, such as increased high blood 
pressure, stress, and vomiting. No charges were filed against anyone at 
the Moscow pretrial detention center where Kudoyarov was held.
    Health, nutrition, ventilation, and sanitation standards were 
generally poor, but varied from facility to facility. The prison 
director has discretion to allocate funds to improve conditions. 
Prisoners have access to potable water; however, it was generally 
limited and not clean. On November 3, Today's Press reported that 
female inmates at a prison in the Chuvash Republic town of Tsivilsk 
received approximately one quart of hot water in the morning and one at 
night, to be used for both drinking and hygienic needs.
    There were conflicting reports on the condition of women's prisons. 
Some NGOs believed women had better living conditions than men, while 
others believed women faced harsher conditions. Most NGOs reported that 
women were less likely to be subjected to excessive force.
    Access to quality medical care remained a significant problem in 
the penal system. Overall, doctors lacked proper qualifications, 
medicine was limited, and equipment was outdated. Specialists such as 
cardiologists were not available to prisoners and often only a nurse 
was on staff. In certain cases medical staff reportedly denied inmates 
medical care under orders from investigators or law enforcement 
officials. In pretrial detention centers, denial of medical care was 
often used to pressure detainees and force confessions or cooperation. 
On February 25, Sergey Kudeneyev, head of a directorate at the 
Prosecutor General's Office, stated that ``in 2010, 4,423 people died 
at correctional facilities. This is 6 percent more than in 2009.'' He 
noted that improper provision of medical assistance to prisoners was 
one of the causes of the increased death rate.
    There were a number of significant developments during the year in 
the case of Sergey Magnitskiy, a lawyer who died of medical neglect and 
abuse while in pretrial detention in 2009. In May the Prosecutor 
General's Office concluded its probe into the Ministry of Internal 
Affairs officers who arrested and prosecuted Magnitskiy. It found no 
evidence of wrongdoing. In June the Prosecutor General's Office 
approved the findings of the Ministry of Internal Affairs officers 
accused by Magnitskiy of tax fraud and the theft of 5 billion rubles 
(approximately $150 million). In their report the officers claimed that 
Magnitskiy himself carried out the theft that he reported to 
authorities.
    On July 5, President Medvedev chaired a meeting of the Presidential 
Council for the Development of Civil Society and Human Rights at which 
the council issued its independent expert report on the case. The 
report found that: 1) Magnitskiy was arrested on trumped-up charges, in 
breach of Russian law and the European Human Rights Convention; 2) he 
was prosecuted unlawfully by the Ministry of Internal Affairs officers 
he had implicated in the $230 million theft; 3) he was systematically 
denied medical care; 4) instead of being provided medical care, he was 
beaten in custody, which was a proximate cause of his death; 5) after 
his death, detention center officials falsified his medical records; 
and 6) there was an ongoing cover-up and resistance by all government 
bodies to investigate the $230 million theft that Magnitskiy exposed.
    Following the release of the council's findings, President Medvedev 
acknowledged that a ``crime had been committed.'' However, on August 2, 
police refused a request by the council to reinvestigate Magnitskiy's 
death. On August 12, the Investigative Committee charged Larisa 
Litvinova, laboratory doctor at the pretrial detention center that had 
held Magnitskiy, with involuntary manslaughter; the detention center's 
deputy chief in charge of medical issues, Dmitry Kratov, was charged 
with negligence. On September 6, the Ministry of Internal Affairs 
announced that it would reopen the tax fraud investigation of 
Magnitskiy. Magnitskiy's family asked for the case to be closed, but 
their request was ignored, seemingly contradicting a 2011 
Constitutional Court ruling in a separate case. On November 24, the 
Investigative Committee extended its investigation into the death of 
Magnitskiy until January 2012.
    In November 2010 Taisiya Osipova, wife of opposition leader Sergey 
Fomchenkov, was arrested at her home in Smolensk by 20 police officers 
from the Department to Combat Extremism of the Russian Federation on 
drug possession charges. While in pretrial detention, authorities 
reportedly pressured her to provide information on her husband by 
threatening to deny her parental right to her six-year-old daughter and 
deny her adequate medical care. She suffered from diabetes, 
pancreatitis, chronic pyelonephritis, and chronic toxic-allergic 
hepatitis. On June 16, the court ordered a medical examination, which 
was carried out on July 7, but no diagnosis was made. Osipova's lawyer 
claimed the examination was not thoroughly conducted, and the lack of 
diagnosis was being used to reduce Osipova's claim of inadequate 
medical treatment. On December 29, a Smolensk district court sentenced 
Osipova to 10 years in prison for the possession and sale of drugs.
    On February 25, Aleksandr Reimer, director of the FSIN, stated that 
approximately 90 percent of persons incarcerated in federal 
institutions had some type of illness, including more than 410,000 with 
significant illness. Of 819,200 detainees incarcerated as of January 1, 
approximately 67,000 inmates had mental disorders, 38,500 had active 
tuberculosis, 55,000 had HIV, 58,000 had a drug dependency, and 1,720 
had some form of cancer. Tuberculosis infection rates were far higher 
in detention facilities than in the population at large.
    Abuse of prisoners by prison staff continued to occur. For example, 
on October 28, Sergei Zychkov, deputy warden of settlement colony 
Number 4 in the village of Priozerny in the Amur Region, was sentenced 
to two months in jail after a video showing him beating a female inmate 
was released.
    Abuse of prisoners by other prisoners continued to be a problem. 
There were elaborate inmate-enforced caste systems in which certain 
groups, including informers, homosexuals, rapists, prison rape victims, 
and child molesters were considered ``untouchables'' (the lowest 
caste). Prison authorities provided little or no protection to these 
groups.
    Prisoners generally were permitted religious observance and access 
to religious figures and literature; however, there were cases of 
prisoners denied access. Some Muslim prisoners complained they were not 
allowed to pray five times a day or were not given a prayer rug. For 
security purposes offenders from the North Caucasus region were often 
sent to prison far from their homes, which could restrict access to 
their religion if there were no mosques or imams in the area of 
incarceration.
    Prisoners were given visitation rights; however, access to visitors 
can be taken away depending on the circumstances. Those serving a 
regular sentence in a prison were allowed four three-day visits per 
year with their spouses. On occasion visits were cancelled if the 
prison did not have enough space. Prisoners still under investigation 
can be denied visitors, a decision made not by the prison director but 
by the judge or investigator in the case. Relatives who were deemed a 
threat can also be prohibited from visiting prisoners. The number of 
visitors was limited, usually to two adults and two children.
    According to Penal Reform International, while the government took 
steps to improve prison conditions, including improvement in the 
condition of isolation cells, prisoners continued to suffer from 
overcrowding, inadequate food, lack of sanitation, and poor living 
conditions.
    Unofficial prisons, many of which were in the North Caucasus 
region, continued to exist throughout the country.
    The law regulating public oversight of detention centers allows 
public oversight commission (POC) representatives to visit the 
facilities. There were 76 registered POCs staffed by unpaid volunteers 
who worked in groups of up to 20 people. Only POCs were permitted to 
regularly visit prisons to monitor conditions. Other organizations, 
such as the Red Cross, could not visit prisons regularly and not 
without prior notice. There were reports that prison officials, citing 
disease or danger, denied access for inspectors to facilities upon 
arrival. The law does not establish procedures for local authorities to 
respond to POC findings or recommendations. Successful monitoring and 
implementation of reform therefore depended on prison directors, some 
of whom were cooperative, while others were reportedly obstructionist.
    There are no prison ombudsmen. In theory prisoners are allowed to 
file complaints against the penal system with POCs or with the human 
rights ombudsman's office, but in practice this did not occur without 
censorship. Inmates were often afraid of reprisals, leading to self-
censorship. Complaints that reached the POCs were often less serious 
and focused on minor personal requests, not the system itself. Prison 
reform activists reported that only prisoners who felt they had no 
other option would risk the consequences and file a complaint.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, in practice problems remained.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs, the Federal Security Service (FSB), and the Office of 
the Prosecutor General are responsible for law enforcement at all 
levels of government. The FSB is responsible for security, 
counterintelligence, and counterterrorism, and also for fighting crime 
and corruption. The national police force under the Ministry of 
Internal Affairs is organized at the federal, regional, and local 
levels.
    According to Yuriy Draguntsov, director general of security for the 
Ministry of Internal Affairs, 1,166 staff members were convicted of 
criminal misconduct in the first half of 2011, an increase of 25 
percent from the same period the previous year. During this period, 
35,000 officers (an increase of 9 percent) were registered in 
connection with crimes, and 60,500 crimes and infractions were 
committed (an increase of 21 percent). As of December 1, more than 
10,000 employees (a 20 percent increase) were recommended for 
dismissal, while approximately 1,880 (a 19 percent increase) police 
officers were fired.

    Arrest Procedures and Treatment While in Detention.--By law an 
individual may be held in custody for up to 48 hours without court 
approval if arrested at the scene of a crime, provided there is 
evidence of the crime or a witness. Otherwise, an arrest warrant is 
required. After arrest detainees are typically taken to the nearest 
police station, where they are informed of their rights. Police are 
required to document the grounds for detention. This document must be 
signed by the detainee and the police officer within three hours of 
detention.
    Police must interrogate the detainee within the first 24 hours of 
detention. Prior to interrogation the detainee has the right to meet 
with an attorney for two hours. No later than 12 hours after detention, 
police must notify the prosecutor. They must also notify the detainee's 
relatives unless a prosecutor issues a warrant to keep the detention 
secret. Police are required to release a detainee after 48 hours, 
subject to bail conditions, unless a court decides to prolong custody 
in response to a motion filed by police no later than eight hours 
before the expiration of the 48-hour detention period. The defendant 
and his or her attorney must be present at the court hearing.
    By law police must complete the investigation and transfer the case 
to a prosecutor for arraignment within two months of a suspect's 
arrest, although a court may extend a criminal investigation for up to 
six months. With the personal approval of the prosecutor general, a 
judge may extend that period up to 18 months. According to some defense 
lawyers, these time limits were often violated in practice.
    There were a number of problems relating to defendants' ability to 
obtain adequate defense counsel. There were reports of police 
occasionally obtaining defense counsel friendly to the prosecution. 
These ``pocket'' defense attorneys agreed to the interrogation of their 
clients in their presence, while making no effort to defend their 
clients' legal rights. The general ignorance of legal rights on the 
part of both defendants and their legal counsel contributed to the 
persistence of these violations. In many cases, especially in more 
remote regions, defense counsel was not available for indigent 
defendants. Judges usually did not suppress confessions of suspects if 
they were taken without a lawyer present. They also freed suspects who 
were held in excess of detention limits, although they usually granted 
prosecutors' motions to extend the detention period for good cause.
    Legal limitations on detention were generally respected throughout 
the country, with the exception of the North Caucasus. There were 
reports of occasional violations of the 48-hour limit for holding a 
detainee. At times authorities failed to write the official detention 
protocol within the required three hours after the actual detention and 
held suspects longer than the legal detention limits.
    In April President Medvedev signed a law regulating lawyers' visits 
with their clients in detention facilities. The law prohibits lawyers 
from bringing cell phones, video cameras, or recording devices into the 
detention facility.
    There were some reports of arbitrary detention. On November 1, a 
six-year-old boy was questioned alone by police in Moscow for several 
hours while his father, Sergey Aksyonov, was detained for organizing an 
unsanctioned opposition rally. According to online news source 
Gazeta.ru, the order to detain them was given by an officer of the 
antiextremism unit of the Moscow city police. No charges were filed 
against the boy or police. It is illegal to question a child without an 
adult guardian present.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, judges remained subject to influence 
from the executive branch, the military, and other security forces, 
particularly in high profile or politically sensitive cases. The law 
requires judicial approval of arrest warrants, searches, seizures, and 
detentions. This requirement was generally honored, although the 
process of obtaining judicial warrants was occasionally subverted by 
bribery or political pressure.
    A report in May by the commissioner for human rights, Vladimir 
Lukin, noted that slightly more than 50 percent of the complaints 
received by his office were filed in connection with violations of 
personal (civil) rights. Of these, 64.9 percent related to the 
violation of the right to a fair trial.
    A May report by the EU-Russia Center noted that judges routinely 
received intimidating telephone calls from superiors instructing them 
how to rule in specific cases. The Presidential Council for the 
Development of Civil Society and Human Rights reported that ``in 
practice [judges] do not possess genuine, as opposed to declaratory, 
independence. The powers of a judge who does not agree to carry out the 
requests may be prematurely terminated. In such a situation, the 
conscientious judge is subject to pressure from within the judicial 
system and has no chance of defending his or her own rights.''
    In many cases authorities did not provide adequate protection for 
witnesses and victims from intimidation or threats from powerful 
criminal defendants.

    Trial Procedures.--Trials typically are conducted before a judge 
without a jury (bench trials). The defendant is presumed innocent. The 
law provides for the use of jury trials for a limited range of crimes 
in higher-level regional courts. Certain crimes, including terrorism, 
espionage, hostage taking, and mass disorder, must be heard by panels 
of three judges rather than by juries. Juries try approximately 600 to 
700 criminal cases each year, a very small percentage of the total 
number. While judges acquit approximately 1 percent of defendants, 
juries acquit an estimated 20 percent of defendants. The law allows for 
the appeal of acquittals. Approximately 30 percent of acquittals are 
reversed on appeal and remanded for new trials, although these cases 
often end in a second acquittal.
    During trials the defense is not required to present evidence and 
is given an opportunity to cross-examine witnesses and call defense 
witnesses. Defendants who are in custody during the trial are confined 
to a caged area. Defendants have the right of appeal. Prior to trial 
defendants are provided a copy of their indictment, which describes the 
charges in detail. They are also given an opportunity to review their 
criminal file following the completion of the criminal investigation. 
The law provides for the appointment of an attorney free of charge if a 
suspect cannot afford one, although the high cost of competent legal 
service means lower-income defendants often lacked competent 
representation, and there were few qualified defense attorneys in 
remote areas of the country. Defense attorneys are allowed to visit 
their clients in detention, although defense lawyers claimed that their 
conversations were monitored electronically by informants and that 
sometimes prison authorities did not provide them with access to their 
clients.
    Plea bargaining in criminal cases has been used since 2002, but the 
government changed the law in 2009 to allow a defendant to receive a 
reduced sentence for testifying against others. Plea bargains reduced 
defendants' time in pretrial detention in approximately 50 percent of 
the cases, reduced the average prison term to no more than half of the 
otherwise applicable statutory maximum, and allowed courts and 
prosecutors to devote their resources to other cases.
    The European Court of Human Rights (ECHR) on multiple occasions 
found the country in violation of provisions of the European Convention 
on Human Rights related to trial procedures. In 2010 violation of the 
right to a fair trial was among the three most frequent violations 
cited by the court in its 1,019 judgments against Russia.
    On May 31, the ECHR ruled on a 2004 complaint filed by former Yukos 
oil company owner Mikhail Khodorkovskiy, after his first conviction, 
finding violations of the European Convention on Human Rights due to 
the conditions of Khodorkovskiy's detention, the speed and 
circumstances under which the charges were brought against him, and the 
length of continued detention pending the investigation and trial. The 
court ordered the government to pay Khodorkovskiy $35,000.
    On September 20, the ECHR dismissed claims that Russia abused the 
law to destroy Yukos and seize its assets. However, the court ruled 
that Russia violated Yukos' right to protection of property and that 
Russian authorities violated provisions of the European Convention on 
Human Rights, including Article 6, the right to a fair trial.
    In December 2010, in a second criminal case, a Moscow court 
convicted Khodorkovskiy and his business partner, Platon Lebedev, of 
financial crimes and sentenced each to 13 years in prison. On September 
13, the Supreme Court ruled that Khodorkovskiy and Lebedev were 
illegally held in pretrial detention from May to August 2010, during 
their second trial, based on amendments to the criminal code adopted in 
April 2010 that abolished pretrial detention for economic crimes. The 
convictions raised concerns about selective prosecution and about the 
rule of law being overshadowed by political considerations. 
Khodorkovskiy and Lebedev had both been denied parole repeatedly.
    On December 21, independent experts working under the aegis of the 
Presidential Council for the Development of Civil Society and Human 
Rights recommended that the Investigative Committee reconsider the 
criminal case to review the basis for the original investigation and to 
consider new evidence. The report questioned the legal basis of the 
charges and validity of the verdict in the second trial.

    Political Prisoners and Detainees.--Authorities selectively 
detained and prosecuted members of the political opposition (see 
section 2.b., Freedom of Assembly). Human rights organizations and 
activists also identified up to 39 individuals during the year as 
political prisoners, including Khodorkovskiy, Lebedev, Aleksey Sokolov, 
Zara Murtazaliyeva, and Valentin Danilov. On July 27, authorities 
released Sokolov, head of an NGO that investigates corruption and abuse 
in prisons, on parole, after two earlier requests were denied. In the 
case of Murtazaliyeva, in November 2010 the ECHR asked the government 
why it did not question all available witnesses or allow the defendant 
and her attorneys to view the video materials the accusation was based 
on during the trial. Russia was obliged to answer before March 9 but 
had not responded by year's end. Murtazaliyeva was serving a nine-year 
sentence handed down in 2004 for allegedly preparing a terrorist attack 
in Moscow. Danilov, sentenced in 2004, was serving a 13-year prison 
sentence for allegedly transferring classified technology to China, 
although colleagues asserted that the information was declassified more 
than a decade before his arrest. Although eligible, Danilov had not 
sought parole.

    Regional Human Rights Court Decisions.--By law any person may file 
a complaint with the ECHR concerning alleged violations by the state of 
human rights under the European Convention on Human Rights, provided 
they have exhausted ``effective and ordinary'' appeals in the country's 
own courts. As of October the ECHR had received more than 41,300 
complaints involving the country since 1996. Of the 133 cases involving 
the country heard by the ECHR during the year, the court found 
violations of the European Convention in 121 cases. The most frequent 
violations found by the court (some cases had multiple violations) were 
violations of the right to liberty and security (68 cases), inhuman or 
degrading treatment (62 cases), and lack of effective investigation (58 
cases).
    In November Human Rights Watch stated that since 2005, ECHR had 
issued more than 170 judgments holding the state responsible for grave 
human rights violations in the Caucasus region, primarily issuing fines 
for failure to carry out effective investigations into abductions, 
deaths, and damages related to conflicts in Chechnya and Ingushetia. In 
these cases the court also charged the country with failure to protect 
the right to life, failure to provide effective remedy, and causing 
mental suffering.
    In March the ECHR ruled that the residents of the Chechen village 
of Kogi, where five civilians were killed and 30 houses were destroyed 
by a 1999 air attack, should receive 1.5 million euros ($1.95 million) 
in compensation from the government.
    While the government generally paid compensation to victims when 
ordered to do so, it did not fully implement judgments that called for 
conducting effective investigations and holding perpetrators 
accountable. The government generally failed to change systemic 
practices that the ECHR has repeatedly condemned. During the year, 
according to the Committee of Ministers of the Council of Europe, the 
government ignored one class action suit involving 154 individual cases 
that found the government responsible for killings, abductions, and 
torture in Chechnya.

    Civil Judicial Procedures and Remedies.--Although the law provides 
mechanisms for filing lawsuits against authorities for violations of 
civil rights, these mechanisms often did not work well in practice. For 
example, the law provides that a defendant who has been acquitted after 
a trial has the right to compensation from the government. In practice 
human rights activists claimed that authorities avoided paying 
compensation through procedural means, such as leaving cases in pending 
status. Persons who believed their civil rights had been violated 
typically sought redress in the ECHR after the courts had ruled against 
them.
    On May 4, a law entered into force allowing petitioners to request 
``reasonable'' financial compensation for violation of ``reasonable'' 
time limits in the consideration of criminal and civil cases, including 
the enforcement of judgments.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law forbids officials from entering a private 
residence except in cases prescribed by federal law or on the basis of 
a judicial decision. The law also prohibits government monitoring of 
correspondence, telephone conversations, and other means of 
communication without a warrant and prohibits the collection, storage, 
utilization, and dissemination of information about a person's private 
life without his or her consent. While these provisions were generally 
followed, there were allegations that government officials and others 
engaged in electronic surveillance without judicial permission and 
entered residences and other premises without warrants.
    Law enforcement agencies require telecommunications service 
providers to grant the Ministry of Internal Affairs and the FSB 24-hour 
remote access to their client databases, including telephone and 
electronic communication and records, enabling police to track private 
communications and monitor Internet activity. The law permits 
authorities to monitor telephone calls in real time. The Ministry of 
Information and Communication requires telecommunications companies and 
Internet service providers to allow the FSB to tap telephones and 
monitor information over the Internet. The Ministry of Information and 
Communication maintained that no information would be accessed without 
a court order.
    On May 2, it was reported that the Yandex search engine company had 
given personal data to the FSB concerning bloggers who donated money 
through a payment system to an online anticorruption project named 
``RosPil,'' headed by anticorruption activist Aleksey Navalniy. Some 
donors to the RosPil project received inquiries from anonymous 
individuals about their ties to the project.
    Following official requests from two Duma deputies, investigators 
on December 21 opened a case regarding accusations that Kremlin allies 
illegally tapped opposition politician Boris Nemstov's phone and 
published the recordings online.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Violence continued in the North Caucasus republics, driven by 
separatism, interethnic conflict, jihadist movements, vendettas, 
criminality, and excesses by security forces. Dagestan continued to be 
the most violent area in the North Caucasus. Kabardino-Balkaria also 
saw an increase in violence compared with the previous year, while 
violence continued to decrease in Chechnya, Ingushetia, and North 
Ossetia.

    Killings.--On April 14, the chief of the Internal Affairs Ministry 
Directorate for the North Caucasus, Sergey Chenchik, stated that 94 
militants, including five rebel leaders, had been killed at that point 
in the year. He also stated that, of 67 civilians injured in the 
violence, 30 had died, 21 of whom were from Dagestan. On June 27, 
Minister of Internal Affairs Nurgaliyev stated that 40 police officers 
had been killed and 74 injured. The online news outlet Caucasian Knot 
reported that during the year there were at least 1,378 victims of the 
conflict in the Northern Caucasus, including 750 killed and at least 
628 injured. Of the 750 killed, 335 were from the insurgents, 239 were 
from government forces, and 176 were civilians.
    On March 21, 15 masked men kidnapped activist Ilez Gorchkhanov from 
a bus stop in Nazran. Gorchkhanov's body was found on April 19 in the 
riverbed of the Assa River on the border between Ingushetia and 
Chechnya. Caucasian Knot reported the body was mutilated, although 
official reports noted no signs of torture.
    Caucasian Knot reported a reduction in bombings and terrorist 
attacks in the North Caucasian Federal District compared with 2010. The 
number of bombings fell from 138 to 93, the number of individuals 
killed decreased from 81 to 43 persons, and the number of wounded 
decreased by more than two-thirds, from 297 to 93 persons.
    According to the Center for Journalism in Extreme Situations, at 
least three journalists were killed in the North Caucasus region during 
the year: Garun Kurbanov of the official press service of the Republic 
of Dagestan, Yakhya Magomedov of the newspaper As-Salam in Dagestan, 
and Khadzhimurad Kamalov, founder of Chernovik, a popular newspaper 
that covers sensitive issues such as police abuse, corruption, and 
Islamic extremism in Dagestan (see section 2.a.).
    On July 28, the Glasnost Defense Foundation (GDF), a nonprofit 
journalist organization, reported that Kurbanov, head of information 
policy and the Dagestan presidential press service, was killed along 
with his driver while leaving his house. The president of Dagestan, 
Magomedsalam Magomedov, along with other officials, maintained that 
Kurbanov's killing was connected to his official duties and 
communication with rebels. Two unidentified gunmen alleged to have 
killed Kurbanov were not found.
    There continued to be reports of indiscriminate use of force by 
security personnel, resulting in numerous deaths, without prosecution 
for their conduct.
    Caucasian Knot reported on July 6 that security forces of the 
Ministry of Internal Affairs shot at civilians after militants shelled 
a military convoy. The human rights organization Memorial reported that 
as a car full of Dagestani residents approached the scene, security 
forces fired at their vehicle. Passengers in other cars got out with 
their hands in the air; they were reportedly shot. Three persons were 
killed and others were wounded. Rebels also killed civilians for 
reasons related to their profession or activities they believe to be 
un-Islamic. Caucasian Knot reported that on June 7 in Makhachkala, two 
unidentified persons shot and killed Maksud Sadikov, a Sufi Muslim and 
chancellor of the Institute of Theology and International Relations, 
and his nephew. Inspectors believed the crime to be related to 
Sadikov's professional activities, particularly his active stand 
against extremist Islamic beliefs.
    On July 9, Sadikullah Akhmedov, a school principal in Sovetskoye, 
Dagestan, was shot and killed. Suspicion fell on local extremists, who 
had condemned Akhmedov's policy of enforcing a school uniform code that 
banned female students from wearing headscarves. Members of the 
Presidential Council for the Development of Civil Society and Human 
Rights urged law enforcement bodies to investigate the killing.
    In June a court in Vienna convicted Otto Kaltenbrunner (formerly 
known as Ramzan Edilov), Suleiman Dadayev, and Turpal-Ali Yesherkayev 
of participating in the 2009 killing of Umar Israilov. Kaltenbrunner 
received a life sentence; Dadayev received 19 years in prison, and 
Yesherkayev 16 years. Israilov, a former bodyguard of Chechen leader 
Ramzan Kadyrov, became a critic of Kadyrov's rule and filed a complaint 
with the ECHR stating he had witnessed Kadyrov torturing prisoners and 
that Chechen authorities, including Kadyrov, had also beaten and 
tortured him and his family. According to the European Center for 
Constitutional and Human Rights, an expert witness testified at the 
Vienna trial that the man suspected of pulling the trigger, Letscha 
Bogatirov, was promoted by the Kadyrov government following the killing 
as a reward for his actions.

    Abductions.--Government personnel, rebels, and criminal elements 
continued to engage in abductions in the North Caucasus. The head of 
the Prosecutor General's Office for the North Caucasus stated in June 
that more than 2,100 disappearances remained unsolved in the North 
Caucasian republics. Security forces in Chechnya, Dagestan, and 
Ingushetiya frequently abducted or detained individuals for several 
days without immediate explanation or charge. Human rights groups 
believed the numbers of abductions were underreported because victims' 
relatives were reluctant to complain to authorities due to fear of 
reprisal. Generally, there was no accountability for government 
security personnel involved in abductions. Criminal groups in the 
region, possibly with links to rebel forces, frequently resorted to 
kidnapping for ransom.
    On January 23, Memorial reported that at least eight Russian 
citizens from the North Caucasus had been kidnapped since September 
2010. According to Caucasian Knot, in the first 11 months of 2011, 
there were 64 disappearances, 28 of which took place in Dagestan, 20 in 
Chechnya, 13 in Ingushetia, and three in Kabardino-Balkaria.
    Human rights groups alleged that security forces under the command 
of Kadyrov played a significant role in abductions, either on their own 
initiative or in joint operations with federal forces, including 
abductions of family members of rebel commanders and fighters.
    Caucasian Knot and Amnesty International reported that on May 7, 
Chechen security force members captured Tamerlan Suleymanov. He was 
allegedly tortured and forced to confess to preparing an act of terror. 
He was released but abducted again from his work on May 9 by two men. 
Two of his coworkers tried to stop the kidnappers but were beaten as 
well. He remained missing despite witness testimony about the make, 
model, and license numbers of the vehicles.
    According to Amnesty International, on September 4, 22-year-old 
Amir Chaniev of Ingushetia disappeared after approximately 30 law 
enforcement officers searched his home without authorization and led 
him away. Chaniev's 19-year-old sister, Karina, was detained the next 
day and told that her brother was on a police wanted list, for reasons 
officers did not specify. She reportedly was told to sign a release or 
she would not see her brother again. According to Memorial, on October 
20, Karina was convicted of aiding terrorist Arthur Amriev and 
sentenced to one year in a penal colony in Kabardino-Balkaria. Amir 
Chaniev's whereabouts remained unknown.

    Physical Abuse, Punishment, and Torture.--Armed forces and police 
units reportedly abused and tortured both rebels and civilians in 
holding facilities. On September 22, Malik Appa of Karbardino-Balkaria 
claimed that police unlawfully detained and tortured him with beatings 
and electric shocks until he admitted ownership of a hand grenade. 
According to Memorial, a forensic examination was carried out, which 
noted injuries on his body: a burn wound on the left buttocks; 
abrasions on his left little finger, right leg, and nose; and a bruise 
on his left shoulder.
    On May 23, Amnesty International reported that Chechen police were 
obstructing the investigation into the alleged 2009 unlawful detention 
and torture of Islam Umarpashayev. In December 2009 Umarpashayev was 
abducted from his home in Chechnya and held incommunicado until his 
release in April 2010. Umarpashayev reported that he was held at the 
headquarters of the Chechen Special Task Police Force, where he said he 
was handcuffed to a radiator for three months, beaten, and threatened. 
After that he and his family were relocated to an area outside of 
Chechnya to help ensure their safety.
    On March 23, masked men in Nazran detained opposition activist 
Magomed Khazbiev, a member of the Expert Council under the human rights 
ombudsman of the Russian Federation, and his brothers Berd and Murad 
after they participated in a protest against the abduction of activist 
Ilez Gorchkhanov. The masked men took the brothers from their home and 
beat their parents. Police reportedly beat Berd and Magomed while they 
were in custody; a judge sentenced the two brothers to 10 days of 
administrative arrest for organizing an unsanctioned demonstration.
    Burning the homes of suspected rebels, a mechanism of collective 
punishment in use since 2008, reportedly continued. On July 6, 
Caucasian Knot reported that in the settlement of Geldagan, Chechnya, 
several houses belonging to families of young people who had recently 
joined the insurgency were burned down.
    The Independent Commission on Human Rights in the Northern 
Caucasus, headed by the chairman of the State Duma Committee on 
Legislation, continued to hear hundreds of complaints, ranging from 
destruction or theft of property to rape and killing. However, the 
commission was not empowered to investigate or prosecute alleged 
offenders and referred complaints to military or civil prosecutors. 
Chechnya's Human Rights Ombudsman Nurdi Nukhazhiyev was uncooperative 
with the area's leading NGO, Memorial.
    According to the Landmine and Cluster Munition Monitor, no new 
reported minefields were laid in the North Caucasus over the last 
several years. However, mine contamination remained an issue. Chechen 
officials and human rights organizations estimated that 96 square miles 
of land was mine-affected and 2.5 percent of Chechnya's total 
agricultural land rendered unusable. Additionally, the military made 
more than 600 site visits in the Southern Federal District during the 
year, clearing mines and unexploded ordnance from World War II.
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; 
however, in practice government pressure on some media constrained 
coverage of certain controversial issues, resulting in numerous 
infringements of these rights.
    While the government generally respected citizens' right to freedom 
of speech, state-controlled media frequently ignored critical voices 
with regard to the conduct of federal forces in the North Caucasus, 
human rights, high-level corruption, and opposition political views. 
Some regional and local authorities took advantage of procedural 
violations and vague legislation to detain persons who expressed views 
critical of the government.
    In other cases the government used direct ownership, or ownership 
by large private companies with government links, to control or 
influence major national media and regional media outlets, especially 
television. There were reports of self-censorship in the television 
media, particularly on issues critical of the government.

    Freedom of Speech.--The government on several occasions restricted 
the ability of individuals to criticize the government publicly or 
privately or discuss matters of general public interest without 
reprisal. For example, on August 11, the GDF reported that Bui-TV, a 
private television/radio network in Kostroma Oblast, had been subjected 
to pressure through frequent inspections, confiscation of equipment, 
and anonymous phone threats. Journalists at Bui-TV linked this pressure 
campaign to their professional activities and saw it as municipal 
authorities' reaction to criticism.

    Freedom of Press.--More than 60 percent of the country's 45,000 
registered local newspapers and periodicals were owned directly by the 
government or by state-owned/state-controlled companies. Approximately 
66 percent of the 2,500 television stations, including all six national 
news channels, were completely or partially owned by the federal and 
local governments.
    In the period preceding the December 4 Duma elections, 
international observers criticized the unbalanced access to the media, 
particularly television, for candidates in elections, noting that, as 
in previous elections, candidates from the ruling party, United Russia, 
received favored media access. Observers also noted press freedom 
abuses, including harassment of media outlets, lack of equal access to 
information, and arbitrary application of rules. Media coverage of 
major political protests after the December 4 elections were largely 
covered by the major state-run television stations in a more balanced 
manner, with many of the protesters given air time to criticize the 
conduct and integrity of the elections and the government.
    On October 31, the Communist Party criticized state television 
channels for not providing equal airtime, as mandated by election law, 
to all political parties competing in the Duma elections. A letter sent 
to the chief executives of three Russian state channels, Channel One, 
NTV, and Rossiya, did not garner a public response. This came after the 
Central Election Commission agreed on July 15 to compensate political 
parties currently holding seats in the parliament for air time that 
they did not receive in the previous election.

    Violence and Harassment.--There were conflicting reports on the 
numbers of journalists killed and attacked during the year. According 
to the Center for Journalism in Extreme Situations, four journalists 
were killed, while the GDF and Kommersant Vlast magazine both reported 
that six journalists were killed. The GDF also reported that, since the 
beginning of the year, there had been 39 attacks on journalists, while 
Kommersant Vlast reported 81 attacks on media representatives and four 
on media offices, compared with 58 and eight, respectively, in 2010. In 
November Pavel Gusev, chairman of the Public Chamber's Committee on 
Information Policy, reported that 150 journalists were attacked since 
January. NGOs supporting independent media characterized beatings of 
journalists by unknown assailants as ``routine,'' noting that those who 
pursued investigative stories on corruption and organized crime found 
themselves at greatest risk. A joint report released in April by the 
Russian Union of Journalists and the International Federation of 
Journalists noted a downward trend in the number of journalists 
murdered in recent years, while the number of attacks increased. The 
report also described a climate of impunity for those who attack 
journalists, since very few of these crimes were solved.
    On December 14, Khadzhimurad Kamalov, founder of the Dagestani 
newspaper Chernovik, was shot 14 times and killed outside his office in 
Makhachkala by a masked man who escaped in a waiting car. Kamalov was 
critical of security services' abuses in Dagestan and was working to 
expose corruption in the republic. In 2009 he had been placed on a 
``death list'' that was distributed throughout Makhachkala. Police 
opened an investigation into his killing.
    On September 9, Memorial and the family of former investigative 
journalist Nataliya Estemirova, who was abducted and killed in 2009, 
filed a joint complaint with the ECHR stating that, official 
pronouncements notwithstanding, neither prosecutors nor investigators 
had given them any reason to believe that Estemirova's murder had been 
solved. On February 26 and September 15, the lead investigator in case 
announced that authorities knew who killed her and had DNA evidence but 
were unable to make an arrest. At the time she was killed, Estemirova 
was working on a documentary on the government's alleged arson campaign 
in Chechnya.
    On May 31, Rustam Makhmudov, the suspected hit man in the 2006 
killing of investigative journalist Anna Politkovskaya, was arrested. 
He was awaiting trial in Moscow. On August 23, Dmitry Pavlyuchenkov, a 
former chief of the fourth division of the Moscow City Police 
Operational Search Department, was arrested and charged with arranging 
the contract killing of Politkovskaya. According to Novaya Gazeta, 
Pavlyuchenkov previously was a ``secret witness'' for the prosecution 
and was therefore questioned in a ``secret procedure.'' On September 2, 
Sergey Khadzhikurbanov, a former police officer with the Moscow 
Directorate for Combating Organized Crime, was arrested in connection 
with the killing. On September 3, Lom-Ali Gaytukaev of Chechnya was 
named as the potential mastermind of Politkovskaya's killing by 
Vladimir Markin, a spokesman for the Investigative Committee. On 
October 28, Gaytukaev was charged as an accessory to murder for his 
role in the killing. Human rights groups contended, however, that the 
government took no steps to find and prosecute the person who 
ultimately ordered the killing of Politkovskaya.
    There was no new information regarding investigations into the 2004 
murder of journalist Paul Klebnikov.
    On May 11, the Zamoskvoretskiy Court in Moscow refused to file 
criminal charges in the beating of Gazeta.ru journalist Aleksandr 
Artemev, whose arm was allegedly broken by a policeman at a May 2010 
rally organized by the ``Strategy 31'' freedom of assembly movement.
    On December 22, the Altai Republic's Supreme Court reportedly 
upheld the acquittal of Sergey Mikhaylov on 2010 charges of instigating 
interethnic strife and insulting a government official and cancelled 
Mikhaylov's criminal conviction of libel for defaming Governor 
Alexander Berdnikov. However, the court upheld Berdnikov's civil claim 
and ordered Mikhaylov to pay Berdnikov 200,000 rubles (approximately 
$6,200) in moral damages.
    There was no new information regarding investigations into the 2010 
beating of journalist Arkadiy Lander. No arrests were made in the 2010 
beating of journalist Oleg Kashin.
    On November 17, parliament passed a law establishing sentencing 
guidelines of six years in prison or five years of forced labor for 
threats and violence against journalists. Human rights groups welcomed 
the legislation..

    Censorship or Content Restrictions.--The government continued to 
use legislation and decrees to curtail media freedom. The law provides 
an expansive definition of extremism and gives law enforcement 
officials broad authority to suspend media outlets that do not comply 
with the law's restrictions. The Ministry of Justice continued to 
expand its list of ``extremist'' materials to include more than 1,000 
items, up from 700 in 2010. Among the items on the list are the 
following: a picture of Winnie the Pooh wearing a swastika; a flag with 
a cross; the Web site Samizdat, which was similar to Wikipedia and had 
more than 500,000 subscribers; and literature of peaceful religious 
groups, such as the Jehovah's Witnesses.
    By law authorities have the right to close any organization, 
including media outlets, that a court determines to be ``extremist.'' 
The organization in question cannot challenge the court's decision.
    Officials or unidentified individuals sometimes used force or took 
other extralegal measures to prevent the circulation of publications 
critical of government officials. The GDF reported that there were 50 
attempts by officials to seize or prevent distribution of publications, 
compared with 23 in 2010. On July 14, approximately 90 percent of the 
July 4 issues of Kommersant Vlast magazine were removed from newsstands 
in St. Petersburg, reportedly following an unofficial order from city 
government officials upset over unfavorable coverage of then governor 
Valentina Matviyenko. No copies of the magazine were removed from 
newsstands elsewhere. The St. Petersburg Human Rights Council issued a 
statement asking the city prosecutor's office to investigate.
    On August 2, the entire print production (40,000 copies) of 
Izvestia Kaliningrada was seized by the Road Safety Inspection Agency 
and the Regional Center for Combating Extremism. The head of the 
Regional Center for Combating Extremism, Aleksander Shelyakov, stated 
that he acted because he had received a tip that the publication 
contained extremist information. That particular issue of Izvestia 
Kaliningrada, published on the eve of President Medvedev's visit to 
Kaliningrad, contained an open letter to Medvedev calling for the 
regional government's removal on the grounds that several of its 
members were implicated in corruption. Reporters Without Borders 
considered the confiscation of the print run to be an attempt by 
regional leaders to silence the media.
    The federal government also took measures to censor opposition 
parties. After the St. Petersburg municipal elections in July, the 
government either bought up or prevented the distribution of several 
editions of newspapers that included critical comments on the conduct 
of the elections.
    Government officials often influenced content on television, 
insisting that certain opposition figures, for example, not be shown. 
There were regular meetings between government officials responsible 
for communications strategy and the heads of state-run television to 
review past television coverage and decide on future television 
coverage of most political and social issues. The GDF reported there 
were 52 attempts to censor the media during the year, compared with 29 
in 2010.
    On October 30, NTV planned to broadcast a story about abductions in 
Chechnya, including the work of human rights defenders in the Islam 
Umarpashayev case; however, the piece was taken off the air after it 
was shown in the Far East and the Urals and replaced by 10 minutes of 
commercials. A television interview with anticorruption blogger Aleksey 
Navalniy was not allowed to be shown in the summer after reported 
intervention by a number of officials, although a later critical 
interview was permitted in November.

    Libel Laws/National Security.--Officials at all levels used their 
authority, sometimes publicly, to restrict the effectiveness of 
journalists who criticized them, including taking legal action for 
alleged slander or libel.
    On November 22, parliament passed a law decriminalizing libel, 
although at year's end President Medvedev had yet to sign the bill into 
law.
    On June 14, authorities acquitted Oleg Orlov, head of Memorial, of 
slander charges. Orlov was on trial for accusing Chechen leader Ramzan 
Kadyrov of complicity in the 2009 killing of human rights activist and 
journalist Natalya Estemirova. Human rights advocates and international 
observers criticized the prosecution of Orlov as an infringement of 
free speech. On June 24, Kadyrov appealed the decision; on August 8, 
Judge Andrey Lutov began hearings on the appeal in the Khamovniki 
District Court of Moscow, and the case remained pending at year's end.
    On June 21, Judge Igor Kananovich of Moscow's Khamovniki Court 
acquitted Oleg Kashin of defamation against Nashi founder and head of 
the Federal Agency for Youth Affairs, Vassily Yakemenko. On June 22, 
Yakemenko filed an appeal with the Khamovniki District Court in Moscow. 
Yakemenko's appeal of the acquittal failed on technical grounds.

    Publishing Restrictions.--According to the GDF and other NGOs, 
authorities used the media's widespread dependence on the government 
for transmission facilities, access to property, and printing and 
distribution services to discourage critical reporting. They reported 
that approximately 90 percent of print media organizations relied on 
state-controlled entities for paper, printing, or distribution 
services, and many television stations were forced to rely on the 
government (in particular, regional state property management 
committees) for access to the airwaves and office space. The GDF also 
reported that officials continued to manipulate the price of printing 
at state-controlled publishing houses to apply pressure on private 
media rivals.
    According to the GDF and other NGOs, authorities continued to 
engage in selective investigations into intellectual property rights 
violations (i.e., use of pirated software) to confiscate computers and 
pressure opposition media across the country.

    Internet Freedom.--The Internet and radio were more free and 
independent than print media and television. Despite attempts by the 
government to monitor and control the Internet, it remained an open, 
dynamic, and growing space for free expression. In particular the use 
of social media and blogs expanded exponentially. Threats to Internet 
freedom included physical attacks on bloggers, criminal prosecutions of 
bloggers for ``extremism'' or libel, blocking of specific sites by 
local service providers, DDoS attacks on sites of opposition groups or 
independent media, and attempts by security services and some regional 
authorities to regulate Internet content.
    In its 2010 Enemies of the Internet report, Reporters Without 
Borders placed the country ``under surveillance'' due to fears of 
expanding control of government media, including the Internet.
    On December 28, it was reported that the Federal Service for the 
Supervision of Communications, Information Technology, and Mass 
Communications (Roskomnadzor) delayed plans to launch its service to 
monitor online media outlets for ``extremist'' content due to the 
inability of the contractor, Data Center, to pass programming tests. 
Reports claimed that the service would include the ability to monitor 
up to five and a half million keywords as well as screening and 
tracking of audio, video, and text files, with at least a partial 
emphasis on monitoring user-generated content, and it would primarily 
be searching for content that violates legal restrictions. Reporters 
without Borders expressed concern that authorities would abuse the 
content surveillance and censorship system that uses such vaguely 
defined concepts as ``violating the unity of Russia'' or ``hidden 
inserts and other technical means and ways of distributing information 
that would act on people's subconscious or have a harmful influence on 
their health.'' No implementation date was announced.
    In March Roskomnadzor ordered the monitoring and removal of 
extremist discourse in online media, with a three-day compliance 
window.
    The government continued to employ a ``system for operational 
investigative measures,'' which required Internet service providers to 
install, at their own expense, a device that routes all customer 
traffic to an FSB terminal. The system enabled police to track private 
e-mail communications, identify Internet users, and monitor their 
Internet activity.
    During a May interview, Kommersant reporter and blogger Oleg 
Kashin, who was brutally attacked in 2010, reported that the 
investigation of his case had stalled. Kashin was not hopeful his case 
would be solved, since more than a year had elapsed since the attack, 
and the investigator was replaced in November.

    Academic Freedom and Cultural Events.--The government generally did 
not restrict academic freedom; however, there were reports of pressure 
on teachers, academics, scholars, and students.
    On October 20, Moscow State University journalism students were 
prevented from attending a speech by President Medvedev at the 
university and replaced by allegedly progovernment youth. Numerous 
students were arrested for protesting the event. President Medvedev 
agreed to return to the university to meet with students but had not 
done so by year's end.
    On December 7, Mikhail Suprun, a history professor in Arkhangelsk, 
was found guilty of violating ``personal and family secrets.'' Suprun 
was researching the deportation and fate of 5,000 ethnic Germans who 
were sent to the gulags in Arkhangelsk Region between 1945 and 1956. 
During the investigation Suprun's students were questioned, and 
Ministry of Internal Affairs archivist Aleksandr Dudarev was arrested 
for assisting Suprun. Suprun was not sentenced, as the statute of 
limitations on his alleged crime had expired, while Dudarev was given a 
one-year suspended sentence and released.
    On December 8, the deans of the Law Academy and the Urals Federal 
University reportedly exerted pressure on students who wanted to 
participate in public protests following parliamentary elections. The 
director of the Urals Mining Institute reportedly threatened students 
who participated with expulsion. The Urals State Economic University 
required all students to remain in their dormitories during the 
scheduled protest. Checks were made to ensure compliance.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, but local 
authorities continued to restrict this right in practice. The law 
requires notification for public meetings, demonstrations, or marches 
by more than one person. Local elected and administrative officials 
selectively denied some groups permission to assemble or offered 
alternate venues that were inconveniently located. Demonstrations 
without official permission were often broken up by police. More than 
2,400 activists were arrested during the year following public events, 
according to the AGORA human rights association.
    Many observers noted a selective and consistent pattern of 
officials encouraging rallies friendly to the government while 
preventing politically sensitive demonstrations.
    On March 31, Igor Kalyapin, head of the Interregional Committee 
Against Torture, a leading human rights organization, was arrested by 
police in Nizhny Novgorod during a freedom of assembly (``Strategy 
31'') rally. Kalyapin and a colleague attended the March 31 event to 
monitor police compliance with international standards for free 
assembly. The police arrested Kalyapin and approximately two dozen 
protesters. Kalyapin was interrogated by police officials and released 
pending trial for ``participation in an unsanctioned demonstration.''
    Left Front opposition movement leader Sergey Udaltsov was sentenced 
14 separate times during the year, and spent approximately 120 days in 
jail in 10- to15-day increments due to a succession of minor charges 
including disobeying police during protests and leaving a hospital 
during treatment without permission. On December 13, Amnesty 
International called for Udaltsov's release as a prisoner of 
conscience. On December 25, a Moscow court extended Udaltsov's sentence 
an additional 10 days for allegedly resisting police at an October 
protest.

    Freedom of Association.--The law provides for freedom of 
association, and the government respected this right with a number of 
significant exceptions. Public organizations must register their bylaws 
and the names of their leaders with the Ministry of Justice. 
Restrictions were applied in a selective manner to NGOs, particularly 
to those receiving foreign funding or involved in issues of political 
opposition or in human rights monitoring. The finances of registered 
organizations were subject to investigation by the tax authorities, and 
foreign grants received were required to be registered.
    Some groups that opposed powerful business interests faced 
intimidation from government and private security forces. Local 
authorities routinely pressured activists associated with the Khimki 
Forest Defense campaign, an environmental movement that seeks to 
protect the Khimki Forest outside of Moscow from development. The 
group's demonstrations were violently dispersed on several occasions by 
both police and private security personnel working for the Vinci 
Corporation, which was building a highway through the forest. The group 
lost several court cases in its attempts to halt the construction. In 
February police detained another activist in the campaign, Alla 
Chernysheva, together with her young children, and accused her of 
planting a fake bomb at a Khimki Forest Defense demonstration. In March 
local police threatened to take away the children of lead activist 
Yevgeniya Chirikova.

    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. However, the government placed restrictions on freedom of 
movement within the country and on migration. The government generally 
cooperated, with some exceptions, 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.
    Although the law gives citizens the right to choose their place of 
residence, all adult citizens must carry government-issued internal 
passports while traveling domestically and must register with the local 
authorities after arriving at a new location. Authorities often refused 
to provide government services to individuals without internal 
passports or proper registration, and many regional governments 
continued to restrict this right through residential registration rules 
that closely resembled Soviet-era regulations. Darker-skinned persons 
from the Caucasus or of African or Asian origin were often singled out 
for document checks. There were credible reports that police 
arbitrarily imposed fines on unregistered persons in excess of legal 
requirements or demanded bribes.
    The law provides for freedom to travel abroad, and citizens 
generally did so without restriction. Citizens with access to 
classified material, however, needed to obtain police and FSB 
clearances to receive a passport for international travel.

    Internally Displaced Persons (IDPs).--On September 30, the UNHCR 
reported that there were 75,980 IDPs in the country, mainly in the 
North Caucasus. A total of 16,619 Chechen IDPs remained displaced to 
Ingushetia by Chechnya's second conflict, while an additional 2,564 
IDPs lived in Dagestan. Another 20,005 IDPs remained in Russia from the 
conflict in Georgia in the early 1990s, and 2,000 were displaced as a 
result of the 2008 conflict with Georgia.
    Since mid-January Memorial frequently reported on the expulsions of 
inhabitants of Chechnya due to the construction of Argun City, a 
complex including houses, a mosque for 7,000 worshipers, and an 
entertainment center. The construction forced the eviction of IDPs from 
temporary accommodation centers that provided housing for persons 
displaced during the war. Officials provided no new accommodations or 
financial support.

    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 providing protection to refugees.

    Nonrefoulement.--In practice the government provided some 
protection against the expulsion or return of persons to countries 
where their lives or freedom would be threatened on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion. However, the responsible agency, the Federal 
Migration Service (FMS), did not maintain a presence at airports or 
other border points, and the ability of asylum seekers to request 
access to FMS was not well publicized. Asylum seekers thus had to rely 
on the goodwill of border guards and airline personnel to call 
immigration officials or face immediate return to their countries of 
origin, including in some cases to countries where a well-founded fear 
of persecution could be demonstrated.
    Members of a group of Somali refugees, who were stranded in the 
transit area of Moscow's Sheremetevo airport for more than a year after 
being denied entry into Russia, were either resettled in third 
countries or voluntarily returned to Somalia by year's end. The UNHCR 
described Ombudsman Lukin's office as instrumental in resolving this 
case.
    By law the decision of an FMS official could be appealed to a 
higher-ranking authority or to a court. During the appeal process, the 
applicant received the rights of a person whose application for refugee 
status was being considered. A person who did not satisfy the criteria 
for refugee status, but could not be expelled or deported for 
humanitarian reasons, could be granted temporary asylum after 
submitting a separate application.
    The government rarely granted convention status to those who 
managed to present their asylum applications to the FMS. The UNHCR and 
NGOs stated that asylum seekers at times faced detention, deportation, 
fines by police, and racially motivated assaults.
    Human rights groups continued to allege that authorities made 
improper use of international agreements that permitted them to detain, 
and possibly repatriate, persons with outstanding arrest warrants from 
other post-Soviet states. This system, enforced by informal ties 
between senior law enforcement officials of the countries concerned, 
permitted detention for up to one month while the prosecutor general 
investigated the nature of the warrants.
    The UNHCR and human rights groups noted an increasing trend of 
extralegal repatriation, in which people (most commonly from Central 
Asia) were detained and flown out of the country clandestinely. Rights 
groups maintained that this could not happen without the cooperation of 
several different Russian federal organs.
    The UNHCR, the International Organization for Migration, and NGOs 
assisted the government to try to develop a more humane migration 
management system. The FMS cooperated well with international 
organizations to provide training for its officers throughout the 
country to ensure they understood refugee law. For asylum seekers who 
were allowed into the country to pursue their claims, the refugee law 
provides the right to temporary accommodations. However, there was only 
one facility with such accommodations in the country, in Ochyor, Perm 
Region, approximately 660 miles from Moscow. In April the BBC news 
service reported the facility, located 30 minutes from the town center, 
consisted of a collection of mobile homes with warped walls, broken 
windows, and leaking roofs and had previously been used by East German 
laborers in the 1980s.

    Access to Basic Services.--While federal law provides for education 
for all children, regional authorities occasionally denied access to 
schools to children of asylum seekers who lacked residential 
registration. However, when parents encountered difficulties enrolling 
their children in schools, authorities generally cooperated with the 
UNHCR to resolve the problem. Authorities frequently denied migrants 
the right to work if they did not have residential registration. 
Refugees also may not legally work if they are not registered and 
cannot obtain registration unless they have an employer or landlord 
willing to register them.

    Stateless Persons.--Citizenship is derived both by birth within the 
Russian Federation's territory, with certain restrictions, and from 
one's parents. A child becomes a citizen at birth if both parents are 
citizens, if one parent is a citizen and the other one is stateless, if 
one parent is a citizen and the other is a foreigner and the child was 
born on the territory of the country, or if both parents are foreigners 
or stateless and the child was born on the territory of the Russian 
Federation and there is concern the child might otherwise become 
stateless.
    The UNHCR estimated that there were 50,000 stateless persons in the 
country at the end of the year, with 1,716 in the North Caucasus 
region, based on data from local authorities and NGOs. FMS statistics 
indicated that, at the end of 2008, 21,443 stateless persons were 
registered in the country.
    In Krasnodar Kray at least several hundred (with some estimates as 
high as 5,000) Meskhetian Turks, Batumi Kurds, Hemshils, and Yezidi 
refugees and environmental migrants and their descendants remained 
without passports and were denied the right to register as residents, 
depriving them of all rights of citizenship and preventing them from 
working legally, leasing land, or selling goods. The law in Krasnodar 
Kray that defines illegal migrants includes stateless persons.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully in regularly scheduled national and regional elections; 
however, citizens could not fully exercise this right in practice, as 
the government limited the ability of opposition parties to organize, 
register candidates for public office, access the media, or conduct 
political campaigns.

    Elections and Political Participation.--Recent Elections.--The 
State Duma elections on December 4 were marked by fraud and 
irregularities in many regions, particularly in the North Caucasus, as 
documented by the Office for Democratic Institutions and Human Rights 
(ODIHR) of the Organization for Security and Cooperation in Europe 
(OSCE).
    In the lead-up to the elections, independent observers, media, and 
opposition parties reported widespread violations, including abuse of 
administrative resources, such as pressuring students, state budget 
employees, employees of state-owned companies, and others to vote for 
ruling party United Russia. On election day, December 4, reports of 
violations included fraudulent use of absentee ballots, ballot-box 
stuffing, manipulation of protocols, busing in voters from other 
regions, ``carousel'' schemes in which citizens voted multiple times at 
different locations, distribution of gifts to voters, allowing 
unregistered voters to vote, and preventing registered voters from 
voting. The Web sites of independent media outlets, including the 
LiveJournal blogging platform, popular radio station Moscow Echo, 
Kommersant, the New Times, Forbes Russia, Bolshoy Gorod, and Slon.ru 
news portal, were unavailable due to DDoS attacks, as was the Web site 
of independent election monitoring organization GOLOS, whose 
interactive map of election violations enabled monitors to report 
election irregularities at specific polling stations throughout the 
country.
    According to ODIHR the December 4 parliamentary elections were ``a 
competition on unequal grounds in favor of the governing party.'' ODIHR 
also found that the lack of independence of the election 
administration, the partiality of most media, and the undue 
interference of state authorities at different levels undermined fair 
electoral competition. OSCE/ODIHR observers received numerous credible 
allegations of attempts to influence voters' choices. These included 
allegations of civil servants being requested to sign letters in 
support of United Russia, owners of big companies putting pressure on 
employees to vote for the governing party, and school directors being 
instructed by local authorities to ensure that their employees voted 
for United Russia. Despite the lack of a level playing field, voters 
nevertheless took advantage of their right to express their choice. The 
vote count itself was characterized by frequent procedural violations 
and instances of apparent manipulation, including several serious 
indications of ballot-box stuffing.
    Tiny Kox, head of a delegation from the Parliamentary Assembly of 
the Council of Europe, stated that at approximately 10 percent of the 
polling stations his team monitored, they observed packets of ballots 
folded together, indicating ballot stuffing. He also said that monitors 
from GOLOS, registered political parties, and the press were excluded 
from dozens of polling stations.
    Chechnya reported a 99 percent voter turnout rate, with 99.5 
percent of the votes cast in favor of United Russia, or 0.1 percent 
more than in 2007. Caucasian Knot reported that, on December 2, Chechen 
officials stated there were 608,797 registered voters but, on December 
5, announced that 611,099 ballots had been cast, or 2,302 more than the 
number of registered voters given three days previously. In Ingushetia, 
independent observers and Caucasian Knot estimated voter turnout at 
just 10 percent, with numerous cases of electoral violations. Officials 
reported a 90 percent voter turnout rate with 78.1 percent votes cast 
for United Russia, versus the final Central Election Commission 
official result of 90.96 percent.
    After the elections peaceful protests occurred in many cities 
throughout the country, notably on December 10, when approximately 
50,000 protesters rallied in Bolotnaya Square in Moscow, and on 
December 24, when nearly 80,000 gathered on Prospekt Sakharova in 
Moscow. Despite the peaceful aspect of the protests, more than 1,000 
protesters were arrested across the country during the month, the vast 
majority outside of Moscow and St. Petersburg. Among those arrested 
immediately after the elections were prominent opposition figures 
Alexei Navalniy and Boris Nemtsov.
    On August 21, Valentina Matviyenko, current chairperson of the 
Federation Council and former governor of St. Petersburg, was elected 
in a by-election to municipal council, winning 95 percent and 97 
percent of the vote, respectively, in the two municipalities in which 
she was a candidate. GOLOS identified irregularities in the election 
that potentially constituted fraud, including the announcement of 
Matviyenko's candidacy after the deadline had passed for candidates for 
the office to register. GOLOS filed a lawsuit with the Kirov District 
Court contesting the election procedure and recommended all election 
procedures be suspended until the court's verdict. Opposition figures 
were arrested for distributing campaign leaflets that did not indicate 
where they had been printed, as required by law. Charges were later 
dropped. Government officials also reportedly instructed groups whom to 
vote for and offered free medical exams, concert tickets, or ice cream 
to voters; however, election officials found no serious violations and 
approved the results of both elections the following day.
    In 2008 the country held presidential elections in which Dmitriy 
Medvedev, the candidate of the ruling United Russia Party, received 70 
percent of the vote. Observers from the Parliamentary Assembly of the 
Council of Europe stated that the elections were not free or fair. 
Widespread violations, comparable to the State Duma elections held in 
2007, were reported. The OSCE representative on freedom of the media 
reported numerous media freedom violations during the parliamentary and 
presidential elections. Electoral violations and problems included an 
``unprecedented'' number of absentee ballots, collective voting under 
pressure, multiple voting, and vote-counting irregularities.

    Political Parties.--To obtain legal status, the law requires that a 
political party obtain the signatures of at least 45,000 members, 
including at least 450 members in half of the country's regions and 250 
members in each of the remaining regions. In practice the registration 
of opposition parties was very restricted. Since 2006 the Ministry of 
Justice has refused to register nine political parties and has allowed 
only one, Right Cause, to register.
    While parties represented in the State Duma may nominate a 
presidential candidate without having to collect and submit signatures, 
prospective presidential candidates from parties without Duma 
representation must collect two million signatures from supporters 
throughout the country. These must be submitted to the Central Election 
Commission (CEC) for certification. An independent candidate is 
ineligible to run if the CEC finds more than 5 percent of the 
signatures to be invalid.
    The law prohibits early voting and negative campaigning and 
provides a number of criteria for removing candidates from the ballot, 
including for vaguely defined ``extremist'' behavior. The executive 
branch and the prosecutor general have broad powers to regulate, 
investigate, and disqualify political parties. Other provisions limit 
campaign spending, set specific campaign periods, and provide for 
restrictions on campaign materials.
    On June 21, the Party of People's Freedom (PARNAS) was denied 
registration by the Ministry of Justice, which claimed that its 
application contained a number of errors. On August 22, Moscow's 
Zamoskvoretskiy Court upheld the denial of registration, stating that 
79 of the 46,000 signatures were invalid. According to the law, the 
minimum number to obtain legal status is 45,000 signatures.

    Participation of Women and Minorities.--There were 59 women in the 
450-member State Duma and nine women in the 166-member Federation 
Council, including Chairwoman Valentina Matviyenko. There were three 
female ministers. Two of the 83 regional leaders were women. Three of 
the 19 judges on the Constitutional Court were women. No political 
party was led by a woman.
    Information on the ethnic composition of the State Duma and the 
Federation Council was not available. National minorities took an 
active part in political life. However, ethnic Russians, who 
constituted approximately 80 percent of the population, dominated the 
political and administrative system, particularly at the federal level.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
nonetheless, it was a pervasive problem. The government acknowledged 
that it had difficulty enforcing the law effectively, and officials 
often engaged in corrupt practices with impunity.
    Corruption was widespread throughout the executive, legislative, 
and judicial branches at all levels of government. Manifestations 
included bribery of officials, misuse of budgetary resources, theft of 
government property, kickbacks in the procurement process, extortion, 
and improper use of official position to secure personal profits. While 
there were prosecutions for bribery, a general lack of enforcement 
remained a problem. Official corruption continued to be rampant in 
numerous areas, including education, military conscription, medicine, 
commerce, housing, pensions/social welfare, law enforcement, and the 
judicial system.
    In May the Duma passed legislation criminalizing transnational 
bribery and substantially increasing fines and prison sentences for 
offering and receiving bribes. For example, the maximum penalties for 
receiving a bribe became 15 years' incarceration and a fine equivalent 
to 100 times the amount of the bribe. The law also created a new crime 
of mediation in bribery as well as administrative corporate liability 
for transnational bribery.
    The law requires government officials to submit financial 
statements, restricts their employment at entities where they had prior 
connections, and requires reporting of actual or possible corrupt 
activity. In practice information that officials provided did not 
always reflect their true income or that of close family members.
    The Global Competitiveness Report 2010-11, compiled by the World 
Economic Forum, cited corruption as the country's most problematic 
factor for doing business. The country's score in Transparency 
International's Corruption Perception Index improved. The country 
scored poorly on judicial independence, fairness in the decisions of 
government officials, the transparency of government policymaking, and 
the influence of organized crime.
    A statement issued on July 21 by the Ministry of Internal Affairs 
estimated the average amount of a commercial bribe in Russia to be more 
than 61,000 rubles (21,890), almost triple the 23,000 rubles ($715) 
figure in 2010. According to an estimate by the Ministry of Economic 
Development released in June, government officials accepted bribes 
totaling 164 billion rubles ($5.1 billion) in 2010. The top three 
categories of corrupt officials were traffic police officers, 
representatives of higher educational institutions, and health workers. 
It was further reported that the estimated amount of bribes that law 
enforcement officials received had increased almost 13-fold since 2005, 
from 1.27 billion to 16.2 billion rubles ($39.4 million to $503 
million).
    Prosecutors charged high-level officials with corruption during the 
year; however, most government anticorruption campaigns were limited in 
scope and focused on lower-level officials. Allegations of corruption 
were also used as a political tactic.
    According to Vlast magazine, more than 2,800 state officials were 
charged with corruption during the first six months of the year. 
According to Investigative Committee head Aleksander Bastrykin, 
corruption charges were also brought against 120 investigators and 12 
prosecutors during the year. Corruption charges were brought against 48 
lawyers, eight members of election commissions, 214 deputies of 
municipal councils, 310 municipal officials, 11 deputies of regional 
parliaments, one State Duma deputy, and three judges as well.
    On February 14, the Investigative Committee fired, and later 
charged, Aleksandr Ignatenko and several other prosecutors for 
allegedly providing ``protection'' to illegal gambling businesses in 
the greater Moscow area. On November 10, Ignatenko was officially 
placed on Interpol's international wanted list after he reportedly fled 
to Ukraine. The Investigative Committee claimed that the Prosecutor 
General's Office sabotaged the investigation to protect prosecutors 
who: 1) refused to approve a cooperation agreement between 
investigators and one of the defendants, and 2) illegally invalidated 
the Investigative Committee's initial charges in the case. A court 
ruled that refusal of the Prosecutor General's Office to approve the 
cooperation agreement was illegal. The investigation continued, and the 
case had not been sent to court.
    Civil society took an active stance in fighting corruption through 
anticorruption Web sites such as RosPil and other blogs.
    When whistleblowers complained about official corruption, sometimes 
the same government official who was the subject of the complaint was 
asked to investigate, which often led to retaliation against the 
whistleblower, generally in the form of criminal prosecution. A 
prominent example is that of Sergey Magnitskiy, who was prosecuted by 
the same Internal Affairs Ministry officers he implicated in the theft 
of five billion rubles ($150 million) through a fraudulent tax rebate 
scheme (see section 1.c., Prison and Detention Center Conditions).
    The law authorizes public access to all government information 
unless it is confidential or classified as a state secret. A great deal 
of government information is classified as confidential, so in practice 
access to government information was limited.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operated in the 
country, investigating and publicly commenting on human rights 
problems, but official harassment continued, especially of NGOs that 
focused on politically sensitive areas, received foreign funding, or 
employed international staff. NGOs and international humanitarian 
assistance in the North Caucasus were severely restricted. Some 
officials, including Commissioner for Human Rights Vladimir Lukin; 
regional ombudsman representatives; and the chairman of the 
Presidential Council for the Development of Civil Society and Human 
Rights, Mikhail Fedotov, regularly interacted and cooperated with NGOs. 
The council was widely respected, active, and influential on reporting 
on government corruption and human rights abuses. For example, it 
released an expert report on the death of Sergei Magnitskiy and the 
trial and detention conditions of Mikhail Khodorkovskiy.
    The law regulating NGOs requires them to register with the Ministry 
of Justice. NGOs are required to submit periodic reports to the 
government that disclose sources of foreign funding and detailed 
information as to how they used their funds. NGOs indicated that they 
were increasingly cautious about accepting foreign funding, and in many 
cases those that continued to do so restricted their activities to less 
sensitive issues.
    Authorities continued to target NGOs receiving foreign funding for 
special ``checks,'' confiscating financial and other documents. 
However, in November the Duma loosened restrictive rules enacted in 
July, which had expanded the grounds upon which the government could 
conduct an ``unscheduled'' audit.
    Authorities continued to apply a number of indirect tactics to 
suppress or close domestic NGOs, including abusive application of 
various laws and harassment in the form of investigations and raids. 
Observers believed that the government selectively applied the NGO law 
to target certain groups, such as human rights organizations, whose 
activities they regarded as hostile to the authorities. Laws on 
extremism and libel were also employed to restrict the activities of 
NGOs and criticism of the government. The law defines extremist 
activity to include public libel of a government official or his or her 
family as well as public statements that could be construed as 
justifying or excusing terrorism.
    Security services in Chechnya targeted NGOs that focused on women's 
rights in Chechnya and warned them not to meet with foreign 
interlocutors and specifically not to attend a human rights workshop in 
Stockholm. In Novocherkassk the president of the NGO Women of the Don, 
Valentina Cherevatenko, was targeted with a smear campaign on 
television, in newspaper articles, and through flyers calling her a 
``foreign collaborator'' and a ``traitor.'' Her NGO was vandalized and 
she was threatened.
    Authorities sometimes refused to cooperate with NGOs that were 
critical of their activities. Human rights NGOs operating in Chechnya, 
including the Committee Against Torture, reported threats and 
intimidation by law enforcement.

    Government Human Rights Bodies.--Some government institutions 
continued to promote the concept of human rights, challenge the 
activities of some local governments that violated human rights, and 
intervene in selected abuse complaints. Commissioner for Human Rights 
Vladimir Lukin commented on a range of human rights problems, such as 
police violence, prison conditions, the treatment of children, and 
hazing in the military. Lukin also criticized intolerance and the 
growing wave of ethnic and religious hatred. Lukin's office used its 
influence to draw attention to human rights problems in prisons, and 
many leaders of human rights NGOs continued to note that Lukin was 
generally effective as an official advocate for many of their concerns, 
despite the limited authority of his position.
    The Human Rights Ombudsman's Office includes several specialized 
sections responsible for investigating complaints. Of the country's 83 
regions, 47 have regional human rights ombudsmen with responsibilities 
similar to Lukin's. Their effectiveness varied significantly.
    Many observers did not consider the 126-member Public Chamber to be 
an effective check on the government. Some prominent human rights 
groups declined to participate in the chamber due to concern that the 
government would use it to increase control over civil society. 
Following the December parliamentary elections, two prominent members 
of the Presidential Council on Human Rights and the Development of 
Civil Society, Irina Yassina and Svetlana Sorokina, resigned to protest 
reported election violations and the arrest of hundreds of protesters.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, language, 
social status, or other circumstances; however, the government did not 
universally enforce these prohibitions.

    Women.--Rape and Domestic Violence.--Rape is illegal, and the law 
makes no distinction based on the relationship between the rapist and 
the victim. Rape victims may act as full legal parties in criminal 
cases brought against alleged assailants and may seek compensation as 
part of a court verdict without initiating a separate civil action. 
While members of the medical profession assisted assault victims and 
sometimes helped identify an assault or rape case, doctors were often 
reluctant to provide testimony in court.
    According to the Russian Federal State Statistics Service 
(RosStat), through November, 4,462 rapes were reported to authorities, 
compared with 4,907 for 2010. However, women were unlikely to report 
cases of rape by persons they knew. Additionally, according to NGOs, 
many women did not report rape or other violence due to fear of social 
stigma and lack of government support.
    The penalty for rape is three to six years' imprisonment for a 
single offender, and four to 10 years if the crime is committed by a 
group of persons. The perpetrator receives eight to 15 year sentence if 
a victim was underage and 12 to 20 years if a victim died or was under 
14 years of age. According to NGOs, many law enforcement personnel and 
prosecutors did not consider spousal or acquaintance rape a priority 
and did not encourage reporting or prosecuting such cases. NGOs 
reported that local police officers sometimes refused to respond to 
rape or domestic violence calls until the victim's life was directly 
threatened.
    Domestic violence remained a major problem. The Ministry of 
Internal Affairs maintained records on more than four million 
perpetrators of domestic violence. The Duma's Committee on Social 
Defense reported in March that 21,400 persons were killed in 2010, two-
thirds of whom were women who died in domestic disputes, an increase of 
50 percent since 2002.
    The Ministry of Internal Affairs reported that at least 34,000 
women were victims of domestic violence each year. However, the 
reluctance of victims to report domestic violence made it difficult to 
obtain reliable statistical information. The Anna Center for the 
Prevention of Violence said that up to 70 percent of domestic violence 
cases went unreported. Official telephone directories contained no 
information on crisis centers or shelters. There were approximately 25 
women's shelters across the country, with beds for a total of about 200 
women, according to the Anna Center.
    There is no legal definition of domestic violence. Federal law 
prohibits battery, assault, threats, and killing, but most acts of 
domestic violence did not fall within the jurisdiction of the 
Prosecutor's Office. According to NGOs, police were often unwilling to 
register complaints of domestic violence and frequently discouraged 
victims from submitting them. The Center for Women's Support asserted 
that many perpetrators of domestic violence themselves belonged to law 
enforcement agencies. A majority of cases filed were either dismissed 
on technical grounds or transferred to a reconciliation process 
conducted by a justice of the peace, whose focus was on preserving the 
family rather than punishing the perpetrator. Civil remedies for 
domestic violence included administrative fines and divorce. Physical 
harm, property, and family rights cases, such as divorce, asset 
division, and child custody, cannot be heard in the same case or the 
same court.
    Human Rights Watch reported that ``honor killings'' were a 
continuing problem in some areas, such as the North Caucasus, although 
it was difficult to estimate the number of victims. In September 
Caucasian Knot reported a resident of the Kurchaloi District of 
Chechnya confessed to police that he murdered his 21-year-old female 
cousin for ``immoral behavior.'' The head of the Chechen government, 
Ramzan Kadyrov, has spoken publicly in support of honor killings.

    Sexual Harassment.--The law does not prohibit sexual harassment, 
which remained a widespread problem. The lack of legal remedies and 
limited economic opportunities caused many women to tolerate 
harassment.

    Sex Tourism.--Some observers noted that the country was a 
destination for sex tourism. Police worked closely with at least one 
foreign government to ensure the prosecution of sex tourists.

    Reproductive Rights.--The government officially recognized the 
basic right of couples and individuals to decide freely and responsibly 
the number, spacing, and timing of their children. While there are no 
legal restrictions on access to contraceptives, international family 
planning organizations were unable to operate in the face of opposition 
from the government and from the Russian Orthodox Church, making access 
to family planning limited, especially outside of big cities. The 
government explicitly encouraged women to have as many children as 
possible to counteract the country's declining population. According to 
U.N. estimates, the maternal mortality ratio in the country was 39 
deaths per 100,000 live births in 2008. Men and women received equal 
access to diagnosis and treatment for sexually transmitted infections.

    Discrimination.--Although the constitution states that men and 
women have equal rights and opportunities to pursue those rights, women 
encountered discrimination in employment. There was no government 
office devoted to the protection of women's legal rights.
    Job advertisements often specified gender and age requirements for 
a position. Some even specified desired physical appearance and 
preference for applicants who were open to intimate relations with 
their prospective supervisors. Employers often preferred to hire men to 
save on maternity and childcare costs and avoid the perceived 
unreliability associated with women with small children. The labor 
market was characterized by gender discrimination in compensation, 
professional training, hiring and dismissal, and career promotion. 
However, such discrimination was often very difficult to prove.
    The 2002 census indicated that 62 percent of women had higher 
education, compared with 50 percent of men. Men and women have an equal 
right to obtain a bank loan, but in practice women often encountered 
significant restrictions.
    The labor code specifies that female workers should not perform 
``hard physical jobs and jobs with harmful or dangerous labor 
conditions or work underground except in nonphysical jobs or sanitary 
and consumer services.'' According to the NGO Peterburgskaya Egida, 
this law resulted in a list of 456 occupations that legally exclude 
women, including those of diver, gas rescue worker, paratrooper, and 
firefighter.
    The law upholds equal ownership rights for women and men, but 
various restrictions limited women's ability to acquire and administer 
assets. The civil code provides equal rights to access to land and 
access to property other than land for men and women. All property 
acquired during a marriage is the couple's joint property; unless their 
marriage contract states otherwise, it is split into two equal shares 
in the event of divorce. Each spouse retains ownership and management 
of property acquired before marriage or inherited after marriage.
    The minimum legal age for marriage is 18 for both men and women. 
Local authorities can authorize marriage from the age of 16--and even 
earlier in some regions--if it is considered justified. A 2004 U.N. 
report estimated that 11 percent of girls between the ages of 15 and 19 
were married, divorced, or widowed. By law marriage requires the free 
consent of both spouses but does not need to be authorized by the 
bride's family.
    In some parts of the North Caucasus, women continued to face bride 
kidnapping, polygamy, and enforced adherence to Islamic dress codes. As 
part of his ``modesty campaign,'' Chechen leader Ramzan Kadyrov 
required women to wear head scarves in public (including at schools, 
universities, and government offices) and advocated seizing cell phones 
from young women, among other measures documented by Human Rights 
Watch. There were cases in some parts of the North Caucasus where men, 
claiming that kidnapping brides is an ancient local tradition, 
reportedly abducted and raped young women, in some cases forcing them 
into marriage. In other cases the young women were forever ``sullied'' 
as they were no longer virgins and could not enter a legitimate 
marriage.

    Children.--Birth Registration.--By law citizenship is derived from 
parents at birth or from birth within the country's territory if the 
parents are unknown or if the child cannot claim the parents' 
citizenship. As a rule all newborn babies are registered at the local 
civil registry office where the parents live. One of the parents must 
apply for registration within a month of the birth. Birth certificates 
were issued on the basis of the medical certificate of the hospital 
where a baby was born.

    Education.--Although education was free through grade 11 and 
compulsory until age 15 or 16, regional authorities frequently denied 
school access to the children of persons not registered as residents of 
the locality, including Roma, asylum seekers, and migrants.

    Child Abuse.--Child abuse was a widespread problem. Pavel Astakhov, 
presidential commissioner for children's rights, noted that the rate of 
reported child abuse had grown ``30-fold'' since 2003 but that ``most 
nonviolent offenders get off with a suspended sentence.'' The online 
news source news24.ru reported in 2010 that there were 9,500 sexual 
crimes against children. An estimated 20,000 minors were missing at the 
end of the year, including 5,000 small children.
    According to a 2011 report published by the NGO Foundation for 
Assistance to Children in Difficult Life Situations established by the 
Federal Ministry of Health and Social Development, approximately 2,000 
to 2,500 children died annually as a result of domestic violence. 
According to a 2011 UNICEF report, 2,000 children committed suicide in 
2010, of which 90 percent resulted from a family's social crisis or 
neglect of children.

    Sexual Exploitation of Children.--Children, particularly the 
homeless and orphans, were exploited for child pornography. While 
authorities viewed child pornography as a serious problem, the law 
prohibiting it lacks important details. The law does not define child 
pornography, criminalize its possession, or provide for effective 
investigation and prosecution of cases of child pornography. Courts 
often dismissed criminal cases because of the lack of clear standards. 
When a court convicted a suspect, it frequently imposed the minimum 
sentence, often probation. Authorities investigated and prosecuted 
relatively few cases involving child pornography, creating an 
environment in which it proliferated.
    In the first three months of the year, authorities opened 128 
preliminary investigations into the distribution of child pornography, 
compared with the 2010 total of 569. In addition, Minister of Internal 
Affairs Rashid Nurgaliyev reported that, as of April 1, police had shut 
down 130 child pornography Web sites. On June 21, Nurgaliyev noted that 
the number of Web sites with child pornography had tripled.
    There were two federal resources to respond to child pornography on 
the Internet: the Russian Safer Internet Center and the Friendly Runet 
Foundation, both of which had hotlines to receive information on 
illegal Internet activity. From January to April, the Friendly Runet 
Foundation processed 6,239 reports and found 3,420 sites with child 
pornography; of those, 3,310 sites were removed. As of June 21, 
information gathered through the hotline had resulted in the opening of 
24 criminal cases for making or distributing child pornography.

    Displaced Children.--Citing Ministry of Internal Affairs 
statistics, a Public Chamber representative stated that each year 
nearly 120,000 children were orphaned and each day on average 200 
children were taken away from neglectful parents. The representative 
estimated that 600,000 children were located in various types of 
institutional and foster care. In a 2008 report, the NGO Children's 
Rights estimated that approximately 40,000 children ran away from home 
annually to escape abuse and neglect and that 20,000 orphans fled 
similar conditions in orphanages.
    The NGO Children's Rights estimated that 2 percent of the country's 
children were neglected or lived on the streets. Police attempted to 
return approximately 70 percent of them to a home or institution. 
According to Rossiskaya Gazeta, a government publication, the number of 
children living in extreme poverty fell from 3.1 percent in November 
2008 to 1.4 percent in November 2009.
    Homeless children often engaged in criminal activities, received no 
education, and were vulnerable to drug and alcohol abuse. Some children 
on the streets turned to, or were forced into, prostitution, often to 
survive. According to a 2010 report by the Foundation for Assistance to 
Children in Difficult Life Situations, juveniles committed 94,700 
crimes in 2009, a decrease from 116,100 committed in 2008. Law 
enforcement officials reportedly abused street children, blamed them 
for unsolved crimes, and committed illegal acts against them, including 
extortion, detention, and psychological and sexual violence.
    Regional ombudsmen for children operated in 25 regions with the 
authority to conduct independent investigations relating to the 
violation of children' rights, inspect any institutions and executive 
offices dealing with minors, establish councils of public experts, and 
conduct an independent evaluation of legislation affecting children. In 
a number of schools in the Moscow and Volgograd oblasts, there were 
school ombudsmen dealing with children and families and identifying 
potential conflicts and violations of the rights of children.

    International Child Abductions.--Russia acceded to the 1980 Hague 
Convention on the Civil Aspects of International Child Abduction 
effective October 1.

    Anti-Semitism.--The 2002 census estimated the number of Jews at 
233,500; however, according to the Federation of Jewish Communities of 
Russia, the Jewish population could be as high as one million.
    Although Jewish leaders reported improvements in official attitudes 
toward Jews, anti-Semitism remained a problem at the societal level. 
Violent attacks against Jews were infrequent, and only a few incidents 
occurred during the year.
    There were reports of vandals desecrating Jewish synagogues and 
cemeteries and defacing Jewish religious and cultural facilities, 
sometimes combined with threats to the Jewish community, although the 
Russian Jewish Congress and the Federation of Jewish Communities report 
that overt acts of anti-Semitism are minimal. The SOVA Center, an NGO 
that seeks to combat extremism and nationalism, registered six acts of 
anti-Semitic vandalism as of December 1. The reduction in vandalism 
appeared linked to a decrease in the level of activity of nationalist 
groups Russian Way and Resistance, whose members had previously engaged 
in such acts.
    On July 12, four masked men threw Molotov cocktails at the Darchei 
Shalom synagogue in northern Moscow. Police believed the attack was in 
retaliation for the conviction of 12 members of a neo-Nazi group 
earlier that day.
    There were several instances in which the government successfully 
prosecuted individuals for anti-Semitic statements or publications. On 
June 22, the central regional court of Khabarovsk convicted Vyacheslav 
Kravchenko and Yevgeniy Smolyakov of committing arson at a local 
synagogue and attacking a police officer who had been investigating 
cases of extremism in 2009. Kravchenko and Smolyakov received 24- and 
27-month conditional sentences, respectively, and were released on 
probation.
    Anti-Semitism on television or in other mainstream media was 
infrequent and was more likely to appear in low-circulation newspapers 
or in pamphlets. However, according to the Moscow Bureau of Human 
Rights (MBHR), anti-Semitic material on Russian-language Internet sites 
increased during the year. During the November 4 ``Russian March,'' 
demonstrators shouted racist and anti-Semitic slogans.
    In May the Web site antisemitism.org reported on a plan by the 
Ministry of Foreign Affairs to send ``spiritual and ethical 
literature'' to Russian diplomatic representatives in 25 countries, 
including the anti-Semitic texts The Protocols of the Elders of Zion 
and Kabbalah: Conspiracy against God. According to the ministry, the 
plan was abandoned and the anti-Semitic literature was never purchased.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--Several laws prohibit discrimination 
against persons with disabilities or mandate their equal treatment; 
however, the government generally did not enforce these laws. Citizens 
with disabilities continued to face discrimination and denial of equal 
access to education, employment, and social institutions. According to 
information provided by the NGO Perspektiva, persons with mental 
disabilities were severely discriminated against in both education and 
employment. In addition the conditions of guardianship imposed upon 
them by courts deprived them of practically all personal rights.
    Conditions in institutions for adults with disabilities were often 
poor, with unqualified staff and overcrowding. Institutions rarely 
attempted to develop the abilities of residents, who were frequently 
confined to the institutions and sometimes restricted in their movement 
within the institutions themselves.
    Federal law on the protection of persons with disabilities requires 
that buildings be made accessible to persons with disabilities, but 
authorities did not enforce the law, and in practice many buildings 
were not accessible.
    The lack of elevators in metro systems across Russia severely 
inhibited a wheelchair-bound person from using the system without 
assistance. In 2010 Moscow city officials adopted a proposal known as 
the ``Strategy for Raising Quality of Life for the Disabled 2010-
2020.'' In its 2011 fiscal year budget, the city allocated 2.5 billion 
rubles ($77.6 million) toward developing a more accessible city 
environment for persons with disabilities. Officials reported that, in 
the second half of 2010, 54 percent of city public buildings were made 
accessible to disabled persons; 34,600 ramps were introduced on city 
streets; and 40 percent of buses, 25 percent of trolley-buses, and 14 
percent of pedestrian crossing lights were adapted for persons with 
special needs.
    In June the St. Petersburg subway system prohibited wheelchair 
users. While subway management modified the decision in response to 
public pressure; the use of the system by persons in wheelchairs 
remained difficult. By July wheelchair-bound individuals could use a 
reserve escalator only if accompanied by two assistants, one of whom 
could be subway staff (although staff was not obliged to assist). 
Persons using wheelchairs could also use some city buses, which were 
equipped with low floors for access. However, persons using wheelchairs 
found it difficult to travel anywhere in the city unaccompanied, since 
sidewalks often have high curbs and public transportation stops were 
not constructed in a way that made them easily accessible.
    There are laws establishing employment quotas for persons with 
disabilities at the federal and local levels. However, some local 
authorities and private employers continued to discourage such persons 
from working, and there was no penalty for failure to honor quotas. 
According to the NGO Perspektiva, only 9 percent of persons with 
disabilities held a permanent job. Many of them worked at home or in 
special organizations. In Moscow several dozen companies were equipped 
to employ physically disabled persons.
    According to government reports, of approximately 450,000 school-
age children with disabilities, an estimated 200,000 did not receive 
any education. Of the 250,000 who received an education, 140,000 
attended regular schools, 40,000 studied at home, and 70,000 attended 
special schools. Because special schools made up only 3 percent of all 
schools, most children with disabilities could not study in the 
communities where they lived and were isolated from other members of 
the community.
    Authorities generally segregated such children from mainstream 
society through a system that institutionalized them until adulthood. 
Observers concluded that issues of children's welfare often were 
ignored, and there were few means of addressing systemic problems of 
abuse. Human rights groups alleged that children with disabilities in 
state institutions were poorly provided for and, in some cases, 
physically abused by staff members. Graduates of state institutions 
also often lacked the necessary social, educational, and vocational 
skills to function in society.
    There appeared to be no legal mechanism by which individuals could 
contest their assignment to a facility for persons with disabilities. 
The classification of categories of disability to children with mental 
disabilities often followed them through their lives. The labels 
``imbecile'' and ``idiot,'' which were assigned by a commission that 
assesses children with developmental problems at the age of three and 
signify that a child is uneducable, were almost always irrevocable. 
Even the label ``debil'' (slightly retarded) followed an individual on 
official documents, creating barriers to employment and housing after 
graduation from state institutions. This designation was increasingly 
challenged in the case of children with parents or individual 
caregivers, but there were few advocates for the rights of 
institutionalized children.
    On April 28, the Moscow City Duma passed a law on the education of 
persons with disabilities in Moscow, which observers believed created 
some improvements in education for persons with disabilities.
    The election laws contain no special provisions concerning the 
accessibility of polling places, and the majority of polling places 
were not accessible to persons with disabilities. However, mobile 
ballot boxes were generally brought to the homes of the disabled to 
allow them to vote.
    In March the government adopted the State Program on Accessible 
Environment for 2011-15 with a total budget of 47 billion rubles ($1.5 
billion). The goal of the pilot program was to provide access to 
services in healthcare, culture, transport, information and 
communications, education, social protection, sports, and housing 
facilities for persons with disabilities.
    The mandates of government bodies charged with protecting human 
rights include the protection of persons with disabilities. These 
bodies carried out a number of inspections in response to complaints 
from disability organizations and, in some cases, appealed to the 
responsible agencies to remedy individual situations. Inspections by 
the Ombudsman's Office of Homes for Children with Mental Disabilities 
continued to disclose severe violations of children's rights and 
substandard conditions.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination based on nationality. However, government officials at 
times subjected minorities to discrimination. There was a steady rise 
in societal violence and discrimination against minorities, 
particularly Roma, persons from the Caucasus and Central Asia, dark-
skinned persons, and foreigners. The number of reported hate crimes 
increased during the year, and skinhead groups and other extreme 
nationalist organizations fomented racially motivated violence. Racist 
propaganda remained a problem, although courts continued to convict 
individuals of using propaganda to incite ethnic hatred.
    According to the SOVA Center, during the year racist violence 
resulted in the death of at least 20 persons, while 103 others were 
injured and six received death threats. Incidents were reported in 34 
regions. Violence was concentrated in the major cities: seven were 
killed and 28 injured in Moscow city, four were killed and 19 injured 
in the greater Moscow Oblast, and three were killed and 16 injured in 
St Petersburg. The main targets of attack continued to be Central 
Asians (10 killed and 24 injured); leftist and youth activists (14 
injured); and natives of the Caucasus region (six killed and four 
injured). There were 45 acts of neo-Nazi vandalism recorded in 20 
regions during the year.
    Violence against African minorities continued. On May 1, Interfax 
reported that two men in a bar yelling nationalist slogans beat an 
African doctoral student. The victim was taken to a hospital with 
multiple injuries and traumatic brain injury. According to the Moscow 
Protestant Chaplaincy's Task Force on Racial Violence and Harassment, 
police in Moscow consistently failed to record the abuse of African 
minorities, charge alleged attackers with any crime, or issue copies of 
police reports to victims.
    On September 8, the Tverskoy District Court in Moscow started 
hearings against five men who were charged with inciting mass disorder, 
hooliganism, and using violence against law enforcement officers in 
connection with the Manezhnaya Square riots between ethnic Russians and 
people from the North Caucasus in December 2010. The men continued to 
be held in pretrial detention.
    Skinhead violence continued to be a serious problem. Skinheads 
primarily targeted foreigners, particularly Asians and individuals from 
the North Caucasus, although they also expressed anti-Muslim and anti-
Semitic sentiments. According to the Ministry of Internal Affairs, 
neofascist movements had approximately 15,000 to 20,000 members, more 
than 5,000 of whom were estimated to live in Moscow. However, the 
ministry stated that if the category includes ``extremist youth 
groups'' in general, the number would be closer to 200,000 countrywide. 
In 2009 MBHR estimated there were as many as 70,000 skinhead and 
radical nationalist organizations, compared with a few thousand in the 
early 1990s. Skinhead groups were most numerous in Moscow, St. 
Petersburg, Nizhniy Novgorod, Yaroslavl, and Voronezh. The three most 
prominent ultranationalist group--the Great Russia Party, the Slavic 
Union Movement, and the Movement against Illegal Immigration--claimed 
80,000, 10,000, and 20,000 members, respectively. Membership claims by 
these underground organizations were difficult to verify.
    The deputy head of the FMS International and Public Relations 
Directorate, Konstantin Poltoranin, made the following statement to the 
BBC in April: ``What is now at stake is the survival of the white race. 
We feel this in Russia. We want to make sure the mixing of blood 
happens in the right way here, and not the way it has happened in 
Western Europe where the results have not been good.'' Poltoranin was 
fired after the comments were made public.
    Human rights organizations expressed concern that Romani children 
in schools experienced discrimination. According to Memorial a number 
of schools refused to register Romani students on the grounds that they 
lacked documents, while others segregated Romani students or placed 
them in classes designed for children with learning disabilities 
because of their ethnicity.

    Indigenous People.--The law provides for support of indigenous 
ethnic communities, permits them to create self-governing bodies, and 
allows them to seek compensation if economic development threatens 
their lands. Groups such as the Buryats in Siberia and ethnic groups in 
the far north (including the Enver, Tafarli, Chukchi, and others) 
continued to work actively to preserve and defend their cultures as 
well as their right to benefit from the economic resources of their 
regions. Most asserted that they received the same treatment as ethnic 
Russians, although some groups claimed that they were not represented, 
or were underrepresented, in regional governments.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--LGBT communities continued to 
suffer from societal stigma and discrimination. Gay rights activists 
asserted that the majority of LGBT persons hid their orientation due to 
fear of losing their jobs or their homes, as well as the threat of 
violence. Nevertheless, there were active gay communities in Moscow and 
St. Petersburg. Medical practitioners reportedly continued to limit or 
deny LGBT persons health services due to intolerance and prejudice. 
According to recent studies, gay men faced discrimination in workplace 
hiring. Openly gay men were targets of skinhead aggression, and police 
often failed to respond out of indifference. Several gay rights 
organizations were outspoken about discrimination encountered by LGBT 
persons.
    Transgender individuals faced difficulties in changing their names 
and gender classifications on government documents. Although the law 
allows for such changes, the government has not established a standard 
procedure for doing so, and in practice many civil registry offices 
denied these requests. When their documents fail to reflect their 
gender accurately, transgender persons often faced discrimination in 
accessing health care, education, housing, and employment.
    In Moscow authorities refused to allow a gay pride parade for the 
sixth consecutive year, despite an ECHR ruling that the bans violated 
the rights to freedom of assembly and prohibition of discrimination. 
The Web site GayRussia.eu reported that on the same day city hall 
denied parade permits, it granted permission for a rally calling for 
the criminalization of homosexuality. On October 1, 40 people were 
arrested in Moscow during a sanctioned gay pride rally after violence 
ensued between parade members and protesters. On November 23, Moscow 
Mayor Sergei Sobyanin stated he was against any gay pride parade.
    Societal animosity toward LGBT persons remained strong. In St. 
Petersburg on June 18, the People's Catholic movement and the group 
Parents Standing held an antigay rally to demand that the State Duma 
prohibit ``propaganda of sexual perversion.'' The city council allowed 
the rally but prohibited a gay rights rally the next week. On September 
29, it was reported that a new law outlawing all public displays of 
homosexuality, including pride parades, went into effect in Arkhangelsk 
Oblast.

    Other Societal Violence or Discrimination.--The International 
Foundation for Human Rights reported in April that only 33.4 percent of 
homeless citizens had a Russian passport and 38.2 percent had no 
documents at all. The lack of a passport prevented homeless citizens 
from fully securing their legal rights and social services. For 
example, almost 26 percent of the homeless who stated they had no 
documents were refused medical assistance. Among the homeless who had a 
Russian citizen passport, 13.5 percent were refused medical treatment. 
Homeless persons faced barriers to obtaining legal documentation.
    Persons with HIV/AIDS often encountered discrimination. A federal 
AIDS law includes antidiscrimination provisions but frequently was not 
enforced. Human Rights Watch reported that HIV-positive mothers and 
their children faced discrimination in accessing health care, 
employment, and education. Persons with HIV/AIDS found themselves 
alienated from their families, employers, and medical service 
providers. According to GayRussia.eu, the government no longer requires 
HIV tests for visitors who apply for short-term tourist visas or 
business visas for one year or longer as long as their total stay in 
the country is not greater than three months per year.
    Prisoners with HIV/AIDS were regularly abused and denied medical 
treatment. On August 12, prison officials opened an investigation into 
the alleged abuse of inmate's rights at the Gaaza Prison Hospital in 
St. Petersburg following a BBC report in which a prisoner, Eduard 
Razin, complained of his treatment. Razin, who was suffering from HIV, 
hepatitis, and tuberculosis, stated that he had not received proper 
treatment. After the story was released, Razin was transferred to a 
prison in another province.
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, but 
government policy limited its exercise in practice. By law the Federal 
Registration Service must consider a union officially registered once 
it has submitted the requisite documents. Labor unions are to be 
independent of government bodies, employers, political parties, and 
NGOs, and interference by government authorities in union activities is 
prohibited.
    The law establishes the right to strike and prohibits reprisals 
against strikers. The law requires the provision of a minimum level of 
essential services if a strike could affect the safety or health of 
citizens. The labor code prohibits strikes in the military and 
emergency response services. In addition it prohibits strikes in 
essential public service sectors, including utilities and 
transportation, or strikes that would threaten the country's defense 
and safety or the life and health of its workers. Solidarity strikes 
and strikes on issues related to state policies also are prohibited.
    The law provides for collective bargaining, but only one collective 
bargaining agreement is permitted per enterprise, and bargaining must 
be carried out by a union or group of unions representing at least half 
of the workforce. The law prohibits antiunion discrimination.
    State agencies responsible for overseeing the observance of labor 
legislation frequently failed to fulfill their responsibilities, and 
violations of labor law were common. Registering unions, for example, 
was often a cumbersome process. Labor experts asserted that the 
documents a union must submit vary among regional offices of the 
service, and the offices often find fault with the papers provided for 
minor, bureaucratic reasons.
    Labor activists reported that police regularly used widespread 
intimidation techniques against union supporters, including detention, 
extensive interrogations, and provocation of physical confrontation. 
Police and prosecutors often questioned union activists based on 
written orders from the regional office of the FSB. Union activists 
also alleged that police pressured them to become informants.
    In spite of laws defending the right to strike, the majority of 
strikes were considered illegal because they violated one or more of a 
complex set of procedures governing disputes. Courts may confiscate 
union property to cover employers' losses in the event that a declared 
strike continues after it is ruled illegal. The courts have upheld most 
employers' requests to declare a strike illegal. According to the 
Federation of Independent Trade Unions of Russia, the legal preparation 
for a strike takes at least 40 days.
    The Federal Statistics Service registered only two legal strikes 
during the year. Independent commentators, however, noted significantly 
more protest actions occurred. During the first nine months of the 
year, the Center for Social and Labor Rights registered a total of 194 
labor protest actions, including 67 work stoppages. Data for the first 
six months of the year revealed that the primary causes of labor 
disputes were wage arrears (35 percent), followed by company 
reorganization or closure (34 percent), low pay (29 percent), and 
layoffs (16 percent), with some disputes having multiple causes.
    In practice employers were slow to recognize newly formed unions. 
In addition they often accepted union requests for collective 
bargaining reluctantly and failed to provide union representatives with 
financial reports. Some companies claimed to have financial 
difficulties to avoid concluding new agreements or disregarded the 
existing ones in violation of labor legislation norms.
    Employers frequently engaged in reprisals for union activity, 
including threats of night shifts, denial of benefits, blacklisting, 
and termination. Although unions were occasionally successful in 
courts, in most cases the management of companies engaged in antiunion 
activities was not penalized.
    In January the Labor Confederation of Russia and All-Russia 
Confederation of Labor filed a joint complaint against the government 
with the International Labor Organization's Freedom of Association 
Committee. The complaint, later joined by leading unions, alleged 
violations that took place from 2006 to 2009, including violations of 
trade union rights and civil liberties, violations of workers' right to 
establish organizations without prior authorization, discrimination 
based on union membership and union activities, refusal by employers to 
recognize newly formed unions, denial of union leaders' access to 
members' workplaces, violations of the right to bargain collectively, 
government interference in trade union activities, and absence of an 
established system to defend trade union rights.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred. Men, women, and children were 
subjected to conditions of forced labor, including work in the 
construction industry, textile shops, and agriculture, according to the 
National Foundation for the Prevention of Cruelty to Children and 
UNICEF. Military personnel were investigated in the past for the labor 
exploitation of military conscripts under their command. Guest workers 
in the far eastern part of the country were subjected to conditions of 
debt bondage and forced labor, including in the agricultural and 
fishing sectors. Men, women, and children, including those from foreign 
countries such as Belarus, Kyrgyzstan, Tajikistan, Uzbekistan, Ukraine, 
and Moldova, were subjected to conditions of forced labor, including 
work in the construction industry, in textile shops, and in 
agriculture.
    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 are laws to protect children from exploitation in the workplace, 
including laws against compulsory labor; however, authorities did not 
effectively implement laws and policies that would protect children. 
The law prohibits the employment of children under the age of 16 in 
most cases and regulates the working conditions of children under the 
age of 18, including prohibiting dangerous nighttime and overtime work. 
The law permits children, under certain conditions and with the 
approval of a parent or guardian, to work at the age of 14. Such work 
must not threaten the child's health or welfare.
    The Federal Labor and Employment Service (RosTrud) is responsible 
for inspecting enterprises and organizations to identify violations of 
labor and occupational health standards for minors. Local police only 
investigated in response to complaints. RosTrud reported 5,100 child 
labor violations in 2010. The most common violations included the 
absence of an obligatory medical check, absence of written labor 
agreements, involvement of minors in harmful and/or unsafe work 
environment, and excessive hours.
    In urban areas the employment of children occurred primarily in the 
informal sector--retail services, selling goods on the street, washing 
cars, and making deliveries. In rural areas children worked in 
agriculture.
    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.--As of June 1, the legal minimum 
wage was 4,611 rubles (approximately $143) per month. The subsistence 
minimum set by the government was 6,505 rubles ($202) per month in the 
second quarter of the year. According to the Federal Statistics 
Service, in the first half of the year, 14.9 percent of the population 
had incomes below the subsistence minimum, compared with 13.5 percent 
in the first half of 2010.
    The labor code contains provisions for standard work hours, 
overtime, and annual leave. The standard workweek cannot exceed 40 
hours. Employers are not permitted to request overtime work from 
pregnant women, workers under age 18, and other categories of employees 
specified by federal laws. Standard annual paid leave is 28 calendar 
days. Additional annual paid leave is granted to employees involved in 
work with harmful and/or dangerous labor conditions and to employees 
working in the Far North regions. Organizations have discretion to 
grant additional leave to employees.
    The law establishes minimum conditions for workplace safety and 
worker health. The law gives workers the right to remove themselves 
from hazardous or life-threatening work situations without jeopardizing 
their continued employment.
    RosTrud has approximately 1,700 labor safety inspectors working 
across the country. In 2010 RosTrud organized 182,700 labor inspections 
(including 89,000 inspections related to occupational safety). 
Inspections revealed a total of 992,400 labor violations (including 
665,700 violations of occupational safety). RosTrud reported 9,500 
violations of women's labor regulations in 2010. Most common were labor 
violations involving pregnant women and women with children under the 
age of three.
    RosTrud reported that occupational incidents caused 3,244 deaths in 
2010, including those of 244 women and three minors. The most unsafe 
sectors were construction and manufacturing (680 and 550 deaths, 
respectively). In many cases factory workers did not have adequate 
protective equipment and clothing, enterprises stored hazardous 
materials in open areas, emergency exits were locked, and smoking was 
permitted near flammable substances. Many companies employing workers 
in hazardous conditions awarded bonuses based on worker productivity, 
which could encourage workers to jeopardize their safety for higher 
salaries.
    The law entitles foreigners working legally in the country to the 
same rights and protections as citizens. However, Human Rights Watch 
noted in a 2009 report that many employers in the construction sector, 
in which migrant laborers often worked, did not respect safety 
standards or provide migrant workers with mandatory insurance or 
medical treatment, with many workers returning home without getting 
paid for the work done.
    Press reports during the year cited multiple claims by workers of 
poor housing and nutrition as well as 13-hour workdays on construction 
sites associated with the 2012 Asia-Pacific Economic Cooperation Forum 
(APEC) summit in Vladivostok. In particular, in May almost 300 Turkish 
workers on Russkiy Island held a strike demanding payment of their 
delayed wages, while in July, 150 Uzbek workers struck to demand wages 
that had been delayed for three months. Poor working conditions and 
failure to respect labor code and labor safety rules were common on 
APEC-2012 construction sites in Vladivostok.

                               __________

                               SAN MARINO

                           EXECUTIVE SUMMARY
    The Republic of San Marino is a multiparty democracy. The popularly 
elected unicameral Great and General Council (parliament) selects two 
of its members to serve as captains regent (co-chiefs of state). They 
preside over meetings of the council and the Congress of State 
(cabinet), which has no more than 10 other members (secretaries of 
state) selected by the council. Parliamentary elections, last held in 
2008, were considered free and fair. Security forces reported to 
civilian authorities.
    There were no widespread or systemic human rights abuses.
    The government took steps to prosecute officials accused of abuses, 
and impunity was not a problem. There were some reports of violence 
against women, and government health and safety standards were not 
enforced in the informal labor sector.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted visits by independent human rights observers. The 
country does not have an ombudsman for detained persons.
    Prisoners and detainees had reasonable access to visitors and were 
permitted religious observance practices. During the year prisoners and 
detainees did not submit any complaints concerning treatment or 
conditions to officials. The government monitored prison conditions, 
and there were no media reports criticizing prison authorities.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the civil police, the Gendarmerie, 
and the National Guard, and the government had effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year.

    Arrest Procedures and Treatment While in Detention.--Suspects were 
apprehended openly with warrants based on sufficient evidence and 
issued by a duly authorized official. The law provides a detainee with 
the right to a prompt judicial determination of the legality of the 
detention, and the authorities generally respected this right in 
practice. Detainees were promptly informed of charges against them. 
There is a well-functioning bail system. Detainees are allowed prompt 
access to family members and to a lawyer of their choice; the state 
provides legal assistance to indigent persons.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Trials are 
public and are presided over by a single judge. There are no provisions 
for a jury trial. Defendants have the right to be present and to 
consult with an attorney even during preliminary investigations. 
Indigent defendants have the right to an attorney provided at public 
expense. Defendants can confront or question witnesses against them and 
present witnesses and evidence on their behalf. They have access to 
government-held evidence relevant to their cases. They enjoy a 
presumption of innocence and have the right to two levels of appeal.
    In case of legal actions against military personnel, a civil judge 
is temporarily given a military grade and assigned to an ad hoc 
military tribunal.

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

    Civil Judicial Procedures and Remedies.--Judges act independently 
and impartially on civil matters, and administrative as well as 
judicial remedies exist for alleged wrongs, including human rights 
violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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 these rights in 
practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.

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

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

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for these rights, and the government generally respected them in 
practice.

    c. Freedom of Religion.--See the Department of State'sInternational 
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 committed to cooperating with the Office 
of the U.N. High Commissioner for Refugees 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.--While the law does not 
provide for the granting of asylum or refugee status, the government 
has a system for providing protection to refugees. In practice, the 
government provided protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
The government may grant refugee status or asylum by an act of the 
cabinet. There were no requests for asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--
Parliamentary elections, held in 2008, were considered generally free 
and fair.

    Participation of Women and Minorities.--Nine women were elected to 
the Great and General Council in the 2008 elections, and two women were 
in the 10-member Congress of State, including the head of government 
(secretary of state for foreign affairs). There were no members of 
minorities in the government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. 
However, there were no reports of corruption by public officials during 
the year. Public officials are subject to financial disclosure 
requirements.
    The law provides for public access to government information, and 
the government provided access for citizens and noncitizens through the 
Great and General Council's Web site.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no domestic human rights organizations, although the 
government did not restrict their formation. The government declared 
itself open to investigations by international nongovernmental 
organizations of alleged human rights abuses; there were no known 
complaints or requests for investigations during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the government effectively enforced it.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a criminal offense, and the government effectively prosecuted 
persons accused of such crimes. The penalty for rape is two to six 
years' imprisonment. In the case of aggravating circumstances, the 
penalty is four to 10 years' imprisonment. There were no persons 
prosecuted or convicted for rape during the year.
    The law prohibits violence against women, and the government 
effectively enforced it. The penalty for spousal abuse is two to six 
years' imprisonment. In the case of aggravating circumstances, the 
penalty is four to 10 years' imprisonment. There was one pending case 
of violence against women as of December.

    Sexual Harassment.--The government effectively enforced the law 
prohibiting sexual harassment. There were no reports of sexual 
harassment during the year.

    Reproductive Rights.--Couples and individuals have the right to 
decide the number, spacing, and timing of their children and had the 
information and means to do so free from discrimination, coercion, and 
violence. Access to information on contraception and skilled attendance 
at delivery and in postpartum care were widely available. Women and men 
had equal access to diagnostic services and treatment for sexually 
transmitted infections.

    Discrimination.--Women enjoy the same rights as men, including 
rights under family law, property law, and in the judicial system. 
There were no reports of economic discrimination against women in pay, 
employment, or working conditions.

    Children.--Birth Registration.--Citizenship is derived from one's 
parent (either mother or father) and by birth within the country's 
territory if both parents are unknown or stateless. Births must be 
registered within 10 days, and there were no reports of cases resulting 
in the denial of public services, such as education or health care.

    Child Abuse.--Violence against or abuse of children was uncommon. 
According to government sources, there was one pending case of violence 
against minors.

    Sexual Exploitation of Children.--The minimum age of consent for 
sex is 18 years, and the penalty for sexual acts with a minor is 
imprisonment for a period of six months to three years. The penalty 
increases to a period of two to six years if the child is under 14 
years of age or is under the age of 18 and has physical or mental 
disabilities. The law prohibits child pornography, including 
performances, works, and material, and provides for punishment of 
anyone trading in or providing or in any way distributing child 
pornography material. The law punishes anyone who provides information 
aimed at enticing or sexually exploiting children under the age of 18. 
The penalty for this type of crime is imprisonment for a period of from 
two to six years, which is increased to four to 10 years if it involves 
sexual intercourse or if it has been committed to the detriment of a 
child under 14 years of age or a child under the age of 18 who has 
physical or mental disabilities.

    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 community was believed to be small; a 
precise estimate of its size was not available. There were no reports 
of anti-Semitic acts.

    Trafficking in Persons.--In 2010 there were no confirmed reports 
that persons were trafficked to, from, or within the country.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and in the provision of other state services, and the 
government effectively enforced these provisions. There were no reports 
of societal discrimination against persons with disabilities. The 
Ministry for Territory has not fully implemented a law that mandates 
easier access to public buildings by persons with disabilities, and 
many buildings were inaccessible.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There were no reports of 
discrimination based on sexual orientation or gender identity.

    Other Societal Violence or Discrimination.--There were no reports 
of 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 (except those in the Gendarmerie 
and National Guard) to form and join independent unions, conduct legal 
strikes, and bargain collectively. The law sets the conditions to 
establish labor unions. The law prohibits antiunion discrimination and 
provides for reinstatement for workers fired for union activity. The 
government effectively enforced applicable laws without lengthy delays 
and appeals.
    The government respected freedom of association and the right to 
collective bargaining. Worker organizations were independent of the 
government and political parties. During the year there were no 
instances of government interference in union activities, including 
targeted dissolving of unions and use of excessive force to end strikes 
or protests. During the year there were no reports of antiunion 
discrimination.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, and the government effectively 
enforced such laws. During the year there were no reports of forced 
labor.

    c. Prohibition of Child Labor and Minimum Age for Employment.--The 
government effectively enforced laws and policies to protect children 
from exploitation in the workplace.
    The minimum age for employment is 16. The law does not limit 
children between the ages of 16 and 18 from any type of legal work 
activity. The government effectively enforced child labor laws and 
devoted adequate resources and oversight to child labor policies.

    d. Acceptable Conditions of Work.--The national minimum wage is 
8.80 euros ($11.44) per hour. There is no official figure for poverty 
income level. However, individuals with annual incomes below 8,500 
euros ($11,050) can apply for a state contribution which varies 
depending on the level of poverty. On average, less than 2 percent of 
the adult population applies for this contribution every year and the 
average amount disbursed by the government is 1,350 euros ($1,755).
    The law sets the workweek at 36 hours in the public sector and 37.5 
hours for industry and private businesses, with 24 consecutive hours of 
rest per week mandated for workers in both categories. The law requires 
a premium payment for overtime and allows a maximum of two hours of 
overtime per day. The law prohibits excessive or compulsory overtime. 
The government set safety and health standards.
    The Labor Inspections Office has seven inspectors and conducts an 
estimated 5,000 inspections per year, concentrating on hazardous 
sectors of the approximately 6,000 active companies. Labor standards 
were generally well enforced, but there were a few exceptions 
especially in the construction industry, where some employers did not 
consistently abide by safety regulations, such as work hour limitations 
and use of personal safety devices. The penalties provided by law were 
generally sufficient to deter violations.
    Working conditions generally reflect Western European standards in 
all industrial sectors. The construction industry sometimes did not 
comply with minimum safety requirements or the law. In January there 
was one on-the-job fatality on the premises of a large company 
producing ceramic tiles.

                               __________

                                 SERBIA

                           EXECUTIVE SUMMARY
    The Republic of Serbia is a multiparty, parliamentary democracy. 
Boris Tadic was reelected president in February 2008. In May 2008 
voters elected a new parliament in which some minority ethnic parties 
won seats. Observers considered both elections to be mostly in line 
with international standards. Security forces reported to civilian 
authorities.
    The most serious human rights problems during the year included: 
discrimination and societal violence against minorities; corruption in 
healthcare, education, and multiple branches of government, including 
the police; and an inefficient judicial system which resulted in 
lengthy and delayed trials, as well as long periods of pretrial 
detention.
    Other reported abuses included: physical mistreatment of detainees 
by police; harassment of journalists, human rights advocates, and 
others critical of the government; lack of durable solutions for large 
numbers of internally displaced persons (IDPs); societal and domestic 
violence against women and children; and trafficking in persons.
    The government generally took steps to prosecute officials, both in 
the police and elsewhere in the government, when abuses were made 
public. Nevertheless, many observers believed that there were numerous 
cases of corruption, police mistreatment, and other abuses that went 
unreported and unpunished.
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 special war crimes chamber of the Belgrade District Court 
continued to try cases arising from crimes committed during the 1991-99 
conflicts in the former Yugoslavia and two cases from World War II.
    On January 21, nine ethnic Albanian members of the so-called 
Gnjilane group of the Kosovo Liberation Army were convicted of war 
crimes against civilians and sentenced to a total of 101 years in 
prison. In 2009, the war crimes prosecutor had filed an indictment 
charging them with rape and crimes related to the deaths of at least 80 
Serbs, Roma, and Albanians in the region near Gnjilane, Kosovo, in 
1999. Eight other Gnjilane group indictees remained at large at year's 
end.
    During the year authorities arrested Ratko Mladic and Goran Hadzic, 
who were sought by the International Criminal Tribunal for the former 
Yugoslavia (ICTY) in connection with crimes they allegedly committed 
during the 1991-95 conflicts in Croatia and Bosnia, and transferred 
them to The Hague (see section 5).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    According to the International Committee of the Red Cross (ICRC), 
there were 13,538 people still missing at year's end from regional 
conflicts during the 1990s in Bosnia and Herzegovina, Croatia, and 
Kosovo.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, police 
at times beat detainees and harassed persons, usually during arrest or 
initial detention for petty crimes.
    In June a video surfaced on the Internet showing police beating 
Danijel Stojanovic, a Romani youth, in a police station in Vrsac in 
2007. Authorities arrested two police officers, Aleksandar Adamov and 
Bojan Bisercic, and charged them with abuse and torture.

    Prison and Detention Center Conditions.--Prison conditions varied 
greatly between facilities. Prison overcrowding remained a problem. 
More than 11,000 inmates were held in prisons that had a capacity of 
7,000. Sanitation varied between and within facilities but was 
generally poor. Higher-security ``closed'' wards sometimes lacked 
natural light and proper ventilation. One prison lacked dining 
facilities, so inmates ate in their cells, resulting in unsanitary 
conditions. There were no reports of prisoners lacking access to 
potable water.
    In some prisons, inmates continued to complain of dirty and 
inhumane conditions. The quality of food varied from poor to minimally 
acceptable, and health care was often inadequate.
    Women made up approximately 3 percent of the prison population, and 
juveniles made up 1 percent. While there was no evidence of mixing male 
and female populations, youth and adult populations lacked proper 
separation at the juvenile reformatory in Valjevo, and there were 
sporadic reports of mixing youth and adults elsewhere, although this 
was against the law. There were no reports of different treatment for 
women or of gender-based violence.
    There was no new evidence of abuse by prison guards, although 
statistics on injuries were not well-kept and there was no uniform 
system of recordkeeping. Guards were poorly trained in the proper 
handling of prisoners. In July the prominent nongovernmental 
organization (NGO) the Helsinki Committee for Human Rights in Serbia 
(HCS) released a report, in stated that of the 300 prisoners it 
interviewed, more than 200 reported some form of prison abuse. There is 
an Office of Deputy Ombudsman for the Protection of Persons Deprived of 
Liberty that deals with prisoner complaints and problems.
    Permission for religious observance varied among facilities. The 
Valjevo facility prepared special meals for Muslims and Orthodox 
Christians and allowed them to fast in accordance with their faiths. 
Prisons sometimes segregated minorities, particularly Roma.
    The government permitted the ICRC; the Council of Europe's 
Committee for the Prevention of Torture; and local independent human 
rights monitors, including the HCS, to visit prisons and speak with 
prisoners without the presence of a warden. The ombudsman has the right 
to visit prisoners and make recommendations concerning prison 
conditions. There were no complaints of censorship of prisoners' 
communication with such entities.

    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's 
approximately 43,000 police officers are under the authority of the 
Ministry of Internal Affairs. The police are divided into four main 
departments that supervise 27 regional secretariats (and a Coordination 
Department for Kosovo and Metohija) reporting to the national 
government.
    The effectiveness of the police force varied. While most officers 
were Serbs, the force included Bosniaks (Slavic Muslims), ethnic 
Hungarians, ethnic Montenegrins, a small number of ethnic Albanians, 
and other minorities.
    There was a widespread belief among citizens that impunity was a 
problem among police. However, informed observers and experts from 
civil society noted that the quality of police internal investigations 
seemed to be improving. The police internal control unit had 21 
investigators who examined complaints against officers. The government 
generally did not provide training to the police on corruption or human 
rights problems, but it facilitated training on these issues from 
various international actors and NGOs.
    During the year there were reports that police failed to respond to 
societal attacks against minority groups (see section 6, National/
Racial/Ethnic Minorities).

    Arrest Procedures and Treatment While in Detention.--Arrests 
generally were based on warrants, although police were authorized to 
make warrantless arrests in limited circumstances, including well-
founded suspicion of a capital crime. The law requires an investigating 
judge to approve any detention lasting longer than 48 hours, and 
authorities respected this requirement in practice. Bail was allowed 
but rarely used; detainees facing charges that carried possible 
sentences of less than five years were often released on personal 
recognizance.
    The constitution provides that police must inform arrested persons 
immediately of their rights, and authorities respected this requirement 
in practice.
    The law provides access for detainees to counsel, at government 
expense if necessary, and authorities often respected this right in 
practice. Family members were normally allowed to visit detainees. 
Suspects detained in connection with serious crimes can be held for up 
to six months without being charged. The law prohibits excessive delays 
by authorities in filing formal charges against suspects and in opening 
investigations; however, such delays occurred regularly. Due to 
administrative backlogs, authorities frequently held such persons for 
the full six-month period allowed before charging them.
    The law prohibits police use of force, threats, deception, and 
coercion to obtain evidence, and such evidence is not permissible in 
court. However, police sometimes used these means to obtain statements.
    The law limits the length of pretrial detention from indictment to 
the conclusion of a trial to two years for most cases, but allows 
detention for up to four years for crimes that carry up to the maximum 
penalty (40 years in prison). The law sets two years as the maximum 
detention permitted after an appellate court vacates the judgment of a 
trial court. Nonetheless, prolonged pretrial detention was a problem. 
Due to inefficient court procedures, some of which were required by 
law, cases often took extended periods to come to trial. Once begun, 
trials often took a long time to complete. At the end of the year, 
approximately 27 percent of the more than 11,000 inmates in prison were 
in pretrial detention, or had only been sentenced by a first instance 
court and were awaiting appeal. There were no reports of cases in which 
pretrial detention exceeded the maximum sentence for the crime.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, the courts remained susceptible to 
corruption and political influence.
    Judges and prosecutors, particularly those handling organized crime 
and war crimes, continued to receive death threats. A deputy war crimes 
prosecutor reportedly received specific threats during the year. Others 
in the War Crimes Prosecutor's Office and the Ministry of Justice 
required full-time police protection.
    The courts were inefficient. Although the system of recordkeeping 
made it difficult to assess accurately case backlogs or court 
efficiency nationwide, some cases took years to be resolved.
    Causes of delay and backlog in the courts included an insufficient 
number of judges in the main courts, failure of postal workers to serve 
subpoenas and other court documents, failure of police to execute 
arrest warrants, failure of prisons to bring prisoners to court for 
scheduled hearings, issuing indictments or scheduling hearings without 
complete and thorough investigations, excessive continuances of court 
hearings, a lack of professional court administration, and failure to 
invest in professional personnel and modern infrastructure. In many 
cases, burdensome procedures required by the law also contributed to 
delays.
    Due to criticism of the 2009 judicial reform process, the new High 
Court Council began reexamining cases in June of each judge who had not 
been reappointed under the new system. Deputy Prime Minister for 
European Integration Bozidar Djelic announced on November 15 that 
approximately one third of these cases had led to judges being 
reappointed despite a previous denial. The process continued at year's 
end.

    Trial Procedures.--The constitution provides for the right to a 
fair trial. Trials are usually public, but they can be closed if the 
trial judge determines it is warranted for the protection of morale, 
public order, national security, interest of a minor, privacy of a 
participant or during testimony of a state-protected witness. There are 
no juries. The law stipulates that defendants are presumed innocent, 
have the right to have an attorney represent them at public expense, 
and have the right to be present at their trials. Defendants have the 
right to access government evidence and to question witnesses. Both the 
defense and the prosecution have the right to appeal a verdict. The 
government generally respected these rights in practice.

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

    Regional Human Rights Court Decisions.--During the year the 
European Court of Human Rights (ECHR) issued judgments that found five 
violations by the state of the European Convention on Human Rights. 
Most of the cases involved procedural delays and length of court 
proceedings. The majority of cases settled out of court also dealt with 
judicial delays. The government generally paid the compensations 
ordered by the ECHR.

    Civil Judicial Procedures and Remedies.--The constitution 
establishes an independent and impartial judiciary in civil matters, 
and citizens can bring lawsuits seeking damages for or cessation of a 
human rights violation. Remedies usually involved monetary awards. 
Individuals could appeal cases involving alleged violations of human 
rights by the state to the ECHR once all avenues for appeal in domestic 
courts were exhausted.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions; however, the 
government interfered with privacy and correspondence. While the law 
requires the Ministry of Internal Affairs to obtain a court order 
before monitoring potential criminal activity and police to obtain a 
warrant before entering property except to save persons or possessions, 
police occasionally failed to respect these laws.
    Most observers believed authorities selectively monitored 
communications, eavesdropped on conversations, and read mail and e-
mail. Human rights leaders also believed that their communications were 
monitored.
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. 
However, the constitution specifically allows restrictions on speech 
``to protect rights and reputation of others, to uphold the authority 
and objectivity of the court and to protect public health, morals of a 
democratic society and national security of the Republic of Serbia.'' 
There were sporadic reports of government interference with freedom of 
speech and press, mostly at the municipal level and by National 
Minority Councils.
    On April 20, the Ministry of Culture, Media, and Information 
Society signed a protocol with heads of major media associations to 
establish an independent working group tasked with drafting a media 
strategy aimed at improving independence and sustainability. The new 
strategy was adopted on September 28. Local journalists and 
international observers complained, however, that no action had been 
taken to implement the strategy by year's end.

    Freedom of Press.--Independent media organizations were generally 
active and expressed a wide range of views. However, some media 
organizations experienced threats or reprisals for publishing views 
critical of the government. Most print and broadcast media were 
independent and privately owned, although the state maintained 
extensive media resources, and privatization of municipally owned media 
was not yet completed. Some newspapers did not make their ownership 
public, leading observers to question their independence. Radio-
Television Serbia (RTS), a public media outlet funded by mandatory 
subscription, was a major presence, operating two television channels 
as well as Radio Belgrade. RTS's coverage was usually objective, 
although the government had considerable influence over RTS and public 
service Radio Television of Vojvodina. In addition, many television 
stations relied on the state-owned agency Tanjug for news. The 
independent news agencies BETA and FONET complained that state 
financing gave Tanjug an unfair commercial advantage.
    Parliament approves the budget of the independent Republic 
Broadcast Agency (RBA), which has broad authority to revoke radio and 
television station licenses without the right of appeal. The RBA did 
not revoke any national broadcasting licenses during the year.
    Binding RBA instructions required RTS to broadcast parliamentary 
sessions live, despite RTS's complaints that it suffered financial and 
advertising losses as a result. The RTS managing board stated that the 
order directly interfered with its editorial policy. Parliament 
occasionally cancelled or postponed its sessions when RTS was not able 
to broadcast parliamentary sessions due to conflicting contractual 
commitments.

    Violence and Harassment.--During the year some reporters and media 
organizations were victims of vandalism, intimidation, and physical 
attacks for coverage and portrayal of views unpopular with the 
government and right-wing elements of society, such as the capture and 
extradition of war crimes fugitives.
    On November 3, a court of appeals sentenced Daniel Zuza and Milos 
Mladenovic to one year's imprisonment for the July 2010 attack on 
Teofil Pancic, a prominent journalist. Zuza and Mladenovic had 
previously been sentenced to only three months in prison, despite a 
legally mandated minimum sentence time of six months.
    Some prominent journalists, such as Branka ``Brankica'' Stankovic 
remained under 24-hour police protection due to threats by extremist 
groups.
    Police investigations and judicial processes involving assaults on 
journalists were often long and inefficient.

    Internet Freedom.--There were no government restrictions on access 
to the Internet, e-mail, or Internet chat rooms. However, as in 
previous years, there were some isolated reports that the government 
monitored e-mail. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail.
    Criticism of the 2010 Law on Electronic Communication continued. 
Under the law, telecommunications operators are obliged to retain for 
one year data about the source and destination of a communication; the 
beginning, duration, and end of a communication; type of communication; 
terminal equipment identification; and location of the customer's 
mobile terminal equipment. This retained data can be accessed by 
intelligence agencies without court permission. A court order is 
required to access the contents of these communications.

    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. The government did not 
allow the lesbian, gay, bisexual, and transgender (LGBT) community to 
hold a pride parade on October 2, citing security concerns.

    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 IDPs, refugees, returning 
refugees, asylum seekers, stateless persons, and other persons of 
concern.

    Internally Displaced Persons (IDPs).--Laws and policies seek to 
protect IDPs in accordance with the U.N. Guiding Principles on Internal 
Displacement, but implementation fell short in some areas. According to 
official statistics of the Serbian Commissariat for Refugees (SCR), 
210,148 displaced persons from Kosovo resided in the country, mainly 
Serbs, Montenegrins, Roma, Egyptian, Ashkali (an Albanian-speaking 
ethnic group considered by outsiders as similar to Roma but self-
identifying as a separate group with cultural distinctions from Roma), 
Gorani, and Bosniaks who left Kosovo as a result of the 1998-99 
conflict. Domestic law states that the government should provide all 
displaced persons from the conflict who wanted to register as IDPs with 
an IDP card enabling them to have access to basic government services. 
In practice, according to a 2010 report by the Internal Displacement 
Monitoring Center, ``[b]ureaucratic complexities and inconsistencies 
make it very difficult for IDPs to obtain civil documents.''
    The law requires all residents of the country to record changes of 
residency. Without an authorized local address in the country, 
displaced persons were ineligible for health insurance, social welfare, 
and public schooling. In order to meet the address change requirement 
and deregister from their original addresses, displaced persons were 
required to travel to relocated Kosovo civil registries that are 
currently scattered throughout Serbia. Mostly Roma, Ashkali, and 
Egyptians who fled Kosovo but were never registered there, or who lived 
in illegal Romani settlements in Serbia, found it difficult or 
impossible to register residency in Serbia.
    Many displaced persons (mostly Roma, Ashkali, and Egyptians) did 
not have access to government services due to a lack of identification 
documents, which can be difficult to acquire if adequate paperwork was 
not filed at birth or if the registry books were lost during the 
conflict. The government allowed displaced persons access to assistance 
from NGOs and international organizations to obtain the documents and 
complete subsequent birth registration.
    According to the UNHCR, after the introduction of biometric 
passports for Serbian citizens and the abolishing of the visa 
requirement for travel to EU countries, several displaced persons of 
Romani, Ashkali, and Egyptian ethnicity were arbitrarily prevented from 
deregistering their Kosovo address and reregistering at a new address 
in Serbia.
    As of the end of August, according to the SCR, 2,362 displaced 
persons from Kosovo remained in 29 official collective centers in 
Serbia. Persons not in collective centers were generally settled in 
private accommodation. Although the government continued to close 
collective centers, many displaced persons remained in minimally 
habitable facilities originally constructed for temporary accommodation 
rather than long-term occupancy.
    There were approximately 22,000 officially registered Romani 
displaced persons in the country. However, the UNHCR estimated that 
40,000 to 45,000 displaced Roma lived in the country, many of whom 
presumably lacked personal documents necessary to register their 
status. While some displaced Roma lived in government-supported 
collective centers, living conditions for Roma (both local and 
displaced) were generally extremely poor. Local municipalities often 
were reluctant to accommodate them. If Roma did stay, they often lived 
near major cities or towns in unauthorized, isolated, informal 
settlements without electricity, water, sanitation, or other public 
services.
    While government officials continued to state publicly that 
displaced persons from Kosovo should return to Kosovo, senior 
government officials also claimed that it was unsafe for many to do so. 
Many Roma believed that they would be at risk if they returned and 
claimed that Kosovo Albanians and the government assumed that many Roma 
displaced from Kosovo were Serb collaborators during the Kosovo 
conflict. Approximately 710 individuals who had been living in 
displacement centers in Serbia returned to Kosovo during the year, of 
which 265 were ethnic Serb IDPs. Because fewer than 10 percent of those 
displaced from Kosovo have achieved a sustainable return since 1999, 
Serbian authorities began to implement the 2010 National Strategy for 
Sustainable Return and Subsistence by supporting permanent integration 
of displaced persons into local Serb communities on a limited basis, 
according to the Internal Displacement Monitoring Center. During the 
reporting period, this support came primarily in the form of the 
provision of durable housing solutions.

    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. Serbia was a 
transit country that received a mixed flow of migration toward Western 
Europe. The majority of registered asylum seekers disappeared before an 
initial decision was made on their applications and sometimes before 
interviews were conducted. According to the UNHCR, one of the reasons 
for these disappearances was a lengthy government procedure for 
deciding applications.
    There were no positive refugee status determinations made since the 
government undertook full responsibility for such determinations in 
2008. The SCR ran two asylum centers (one of which opened in June and 
had a total capacity of 235 persons). At the end of August, the centers 
hosted a total of 212 asylum seekers.

    Employment.--Asylum seekers did not have the right to employment 
until recognized as refugees through the country's refugee status 
determination process.

    Access to Basic Services.--Asylum seekers had freedom of movement 
in the country after establishing their identity and filing an 
application for asylum and were eligible for public assistance, 
including accommodation and food. The Ministry of Health provided basic 
health services and treatment, but levels of care varied greatly 
between the asylum centers. The UNHCR assisted with the provision of 
additional care, medicine, and legal aid.

    Durable Solutions.--During the year the SCR provided limited 
assistance in construction kits and income generation grants to secure 
durable solutions for refugees and displaced persons. According to 
official SCR statistics, 56,423 refugees from Croatia and 17,982 from 
Bosnia and Herzegovina resided in the country, while the government 
estimated there were approximately 200,000 to 400,000 former refugees 
who were naturalized but not socially and economically integrated into 
the country. Approximately 631 refugees lived in collective centers 
throughout the country.
    In November, the government hosted a ministerial conference with 
representatives from Croatia, Montenegro, and Bosnia and Herzegovina to 
sign a Joint Declaration pledging to work with the international 
community to ensure durable solutions for vulnerable refugees and 
internally displaced persons.

    Temporary Protection.--The government also provided temporary 
protection (refugee status on a prima facie basis) to individuals from 
former Yugoslav republics who may not qualify as refugees. The refugee 
status of individuals from the Socialist Federal Republic of Yugoslavia 
continued to be regulated under the 1992 Decree on Refugees.

    Stateless Persons.--The law states that citizenship is derived from 
one's parents. According to the local UNHCR office, 146 stateless 
persons were granted permanent residence in the country during the 
year. The UNHCR also reported that 6.8 percent of the total Romani 
population was at risk of de facto statelessness due to existing 
legislative gaps in the process of civil registration and lack of 
documentation. Several factors--lack of information, administrative 
fees, cumbersome and lengthy procedures, difficulty of obtaining 
documents, the lack of an official recognized residence, and sometimes 
the need to go to court to prove origin and identity--prevented 
effective enjoyment of citizenship rights for these people. These 
problems disproportionately affected the Romani, Ashkali, and Egyptian 
communities that were displaced from Kosovo.
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 
country held two rounds of presidential elections in January and 
February 2008 and parliamentary elections in May 2008, resulting in the 
creation of a pro-EU government. The Organization for Security and 
Cooperation in Europe (OSCE) and other election observers, including 
domestic organizations, judged the elections to have been mostly free 
and fair.

    Political Parties.--Political parties mostly operated without 
restrictions or outside interference. However, in its final report on 
the May 2008 parliamentary elections, the OSCE Limited Election 
Observation Mission noted that some aspects of the campaign went beyond 
the acceptable limits for a democratic society, in particular the 
reported death threats to senior officials. The mission reported the 
display of a large number of posters in Belgrade that could be 
interpreted as advocating the assassination of top state officials.

    Participation of Women and Minorities.--There were 56 women in the 
250-seat parliament. The speaker and three of six parliamentary vice 
presidents were women. There were three women in the 21-member cabinet. 
The election law requires that each party's list of candidates for 
parliament to include at least 30 percent women. Political parties 
participating in the 2008 elections observed this provision.
    The law exempts ethnically based parties from the 5 percent of the 
vote threshold required for a political party to enter parliament. 
Seven members of national minorities, including ethnic Hungarians, 
Bosniaks, and Albanians, were elected to parliament. There were two 
Bosniaks in the 21-member cabinet.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. 
However, the government did not implement the law effectively, and 
officials sometimes engaged in corrupt practices with impunity. There 
was a widespread public perception of government corruption at all 
levels. According to the Anticorruption Agency and Transparency Serbia, 
a prominent NGO, corruption was a widespread, systemic phenomenon.
    The Anticorruption Agency continued to operate independently. On 
July 8, the Constitutional Court ruled that the provision of the 
Anticorruption Agency Law that allowed for officials to simultaneously 
hold two public offices was unconstitutional.
    On September 20, Svetlana Vukajlovic, the former director general 
for the Republic Institute for Health Insurance, was arrested, as were 
the heads of two prominent companies, Vladimir Gravar and Ljubomir 
Pavlicevic, following an investigation into the purchase of H1N1 flu 
vaccine in 2009. Several individuals, including then health minister 
Tomica Milosavljevic, were also questioned during the investigation. 
Miljko Radisavljevic, the organized crime prosecutor in charge of the 
case, announced that the state had lost more than 1.27 million euros 
(approximately $1.65 million) in the purchase.
    On January 28, B92 TV launched a series of investigative reports 
outlining allegations of mismanagement and financial abuses at the 
state-owned Kolubara coal mining complex during 2004-08. The 
investigation centered on the company's renting heavy equipment for use 
by the mine in sometimes dubious deals at a cost of more than 100 
million euros ($130 million). Investigators also questioned the 
propriety of the mine supplying coal at below-market prices through 
private intermediaries to other state-owned enterprises, leading to 
private profits at the apparent expense of the public. Police opened an 
investigation in mid-February, which continued at year's end.
    On September 2, Interior Minister Ivica Dacic stated that there 
were 2,479 incidents reported in the first seven months of the year 
that included some element of official corruption. According to Dacic, 
authorities uncovered corruption in a wide range of sectors. More than 
100 members of the Interior Ministry were arrested for various forms of 
corruption, including facilitating smuggling through the border with 
Kosovo.
    The government has not fully implemented the access to information 
law and generally did not provide access to government information in 
practice. The law provides for public access to information of 
``legitimate public importance'' (with many exceptions) and establishes 
an independent commissioner for information of public importance, 
selected by parliament, to handle appeals when government agencies 
reject requests for information.
    On June 8, Rodoljub Sabic, the commissioner for information of 
public importance and protection of personal data, stated that the 
large number of cases his office received confirmed that there were 
serious problems in achieving citizens' rights as provided by the 
constitution and laws. Sabic added that it was especially worrisome 
that the largest number of complaints to the commissioner involved 
difficulties obtaining access to information on the management of 
public funds and public property.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of independent domestic and international human rights 
groups generally operated without government restriction, investigating 
and publishing their findings on human rights cases. Government 
officials generally cooperated with and responded to their groups. 
However, these groups were often subjected to criticism, harassment, 
and threats by nongovernmental actors for expressing views critical of 
the government or contrary to nationalist views regarding Kosovo, the 
ICTY, and the wars of the 1990s. One group dedicated to LGBT rights, 
for example, claimed that they received a steady stream of threats 
through social media and e-mail that only subsided during the two weeks 
before the cancelled LGBT pride parade, a decline the organization 
attributed to fear of arrests immediately before the event.

    U.N. and Other International Bodies.--On May 26, authorities 
arrested Ratko Mladic on charges of genocide and war crimes committed 
during the 1992-95 Bosnian war. On May 31, Mladic was transferred to 
ICTY custody in The Hague.
    On July 20, Serbian authorities arrested Goran Hadzic, the last 
remaining indictee wanted by the ICTY for crimes against humanity. 
Hadzic was indicted for crimes he allegedly committed during the 1991-
95 war in Croatia. On July 22, Hadzic was transferred to ICTY custody.

    Government Human Rights Bodies.--The Office of the National 
Ombudsman continued to operate without government or party 
interference. According to Ombudsman Sasa Jankovic, even though the 
national legal framework was in line with the international standards 
on human rights, there was a lack of will to implement relevant laws in 
practice. Jankovic's office reported that the state recognized the 
importance of cooperation with the ombudsman, but cooperation was 
nonetheless unsatisfactory. Jankovic reported that only a quarter of 
citizen complaints were justified.
    The ombudsman issued an annual report on his activities and special 
reports on issues of concern. Vojvodina Province had its own ombudsman, 
who operated independently during the year. The national ombudsman 
continued to operate branch offices in two municipalities with majority 
Albanian populations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, or social status, and the government made efforts 
to enforce these prohibitions effectively. However, discrimination 
against women, LGBT persons, and ethnic minorities; trafficking in 
persons; and violence against women and children were problems.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is punishable by up to 40 years in prison. Advocates believed that only 
a small percentage of rape victims reported their attacks due to fear 
of reprisals from their attackers or humiliation in court. Few spousal 
rape victims filed complaints with authorities. Women's groups believed 
that sentences were often too lenient in practice.
    On April 1, the government adopted a National Strategy to Prevent 
Family and Partner Violence against Women. Some NGOs, notably the 
Autonomous Women's Center (AWC), criticized the strategy, which had 
been drafted initially without adequate consultation with stakeholders. 
Following complaints by the AWC and others, a working group was founded 
to develop a new strategy with full participation of women's 
organizations. On April 21, the AWC and European Women's Lobby Network 
launched an initiative to establish a Monitoring Center for Violence 
against Women, an independent expert body that would monitor gender-
based violence.
    Violence against women was a problem. While high levels of domestic 
violence were generally acknowledged, there were no reliable statistics 
on the extent of the problem. On July 29, Snezana Lakicevic, a state 
secretary in the Ministry for Labor and Social Affairs, warned that 
violence against women was on the rise. According to Lakicevic, from 
January through June, 29 women were killed in instances of family or 
gender-based violence. Women were 5.5 times more likely to be victims 
of violence than men. More than half of women were subject to 
psychological, physical, sexual, or other forms of violence at some 
point in their lifetime.
    Domestic violence is punishable by up to 10 years' imprisonment. 
The law provides women the right to obtain a restraining order against 
abusers. Such cases were difficult to prosecute due to the lack of 
witnesses and evidence, and the unwillingness of witnesses or victims 
to testify. The few official agencies dedicated to coping with family 
violence had inadequate resources. Civil society played the primary 
role in combating violence against women. NGOs operated shelters for 
female victims of violence, and the government continued to provide 
financial support to safe houses for victims of family violence 
throughout the country. Several new safe houses for women were opened 
during the year, including the first regional safe houses in Nis, 
Smederevo, and Sombor.

    Sexual Harassment.--Sexual harassment was a common problem. The law 
provides that sexual harassment is a crime punishable by up to six 
months' imprisonment for a case that does not involve abuse or a power 
relationship, and up to one year's imprisonment for abuse of a 
subordinate or dependent. Public awareness remained low, and few 
complaints were filed during the year.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, free from discrimination, coercion, and violence. Health 
clinics and local health NGOs were permitted to operate freely in 
disseminating information on family planning under the guidance of the 
Ministry of Health. There is a National Center for Family Planning and 
local health centers frequently also had family planning centers. There 
are no restrictions on the right to access contraceptives. According to 
the U.N. Population Fund, the modern contraceptive prevalence rate 
among women age 15-49 was 19 percent. The government provided free 
childbirth services. Women used nurses and midwives for prenatal and 
postnatal care unless the mother or child suffered more serious health 
complications. Men and women received equal access to diagnosis and 
treatment for sexually transmitted infections.

    Discrimination.--Women have the same legal rights as men, including 
under family law, property law, and in the judicial system. These 
rights were generally protected in practice. During the year the 
government's Council for Gender Equality, the parliamentary Committee 
for Gender Equality, the Ministry of Labor and Social Policy's 
Directorate for Gender Equality, gender equality mechanisms and 
institutions in Vojvodina, local committees for gender equality, and 
the deputy ombudsman worked with NGOs to raise public awareness of 
gender equality problems. The law on gender equality guarantees equal 
opportunities and treatment for men and women in employment and 
requires state bodies to ensure that the less-represented gender occupy 
at least 30 percent of the positions in each organizational unit, 
including management. Both the ombudsman and the commissioner for 
equality believed that women remained underrepresented in numerous 
sectors of public and economic life. Romani women often noted that they 
faced double discrimination on account of their gender and ethnicity.
    Traditional views of gender roles, particularly in rural areas, 
resulted in discrimination against women. In remote rural areas, 
particularly among some minority communities, women could not 
effectively exercise their right to control property. School textbooks 
sometimes offered stereotypical view of women and gender roles.
    The social status of women was generally considered inferior to 
that of men, and women were not well represented in the business world. 
Women over 50 reported more difficulty finding work than men of a 
similar age, and more women than men became unemployed as a consequence 
of the economic crisis. While maternity leave is provided for by law, 
there were reports that private companies did not always meet legal 
obligations. NGOs reported that women without children experienced 
discrimination during the hiring process because employers feared they 
would take maternity leave in the future.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. The law on birth records regulates universal birth 
registration, but according to UNICEF, 5 percent of Romani children are 
not registered at birth. Subsequent birth registration remains 
unregulated. Children who are not registered do not have access to 
public services such as health care.

    Education.--Education was free through secondary school but 
compulsory only through primary school. Cultural norms, ethnic 
discrimination, and economic hardship discouraged some children from 
attending school.

    Child Abuse.--According to the government's Council for Rights of 
the Child, approximately 65 percent of school children suffered 
punishment and physical violence. Children were often victims of family 
violence, and peer violence among children was on the rise. Girls were 
victims of sexual violence. The NGO Incest Trauma Center reported that 
only 10 percent of cases of child sexual abuse were reported to 
authorities and that, of those, only 3 percent resulted in prosecution 
and punishment. According to available data, child abuse, including 
sexual violence, was on the rise. Children in the country were exposed 
to verbal or physical abuse on a daily basis, and many children were 
exposed to alcohol, drugs, and violence. On June 30, the country became 
the beneficiary of a joint EU and UNICEF initiative which aimed to 
strengthen institutions and services tasked with identifying and 
combating violence against children. On June 30, the government 
launched a national campaign to reduce violence against children and 
women.
    While teachers were instructed to report suspected child abuse 
cases, they often did not do so. Police usually responded to 
complaints, and authorities prosecuted child abuse cases during the 
year. Psychological and legal assistance was available for victims. 
Children also were accommodated in safe houses for victims of family 
violence.

    Child Marriage.--Child marriage was a problem in some communities, 
particularly among Roma and in rural areas of southern and eastern 
Serbia. In the Romani community, boys and girls generally married 
between the ages of 14 and 18, with 16 as the average age. Boys 
generally married a few years later than girls, and some girls married 
as early as age 12. Child marriage occurred among individuals from all 
economic and social backgrounds.

    Sexual Exploitation of Children.--The minimum age for consensual 
sex is 14. The criminal code sets penalties for statutory rape ranging 
from three to 12 years in prison. If statutory rape is qualified as 
particularly severe, punishment ranges from five to 15 years' 
imprisonment. If the rape results in the victim's death, the 
perpetrator is sentenced to a minimum of 10 years in prison.
    The law prohibits child pornography. Using a child to produce 
pornographic material or for a pornographic show is punishable by six 
months to five years in prison. Selling, showing, exhibiting, or 
otherwise making child pornography available publicly, including 
electronically, is punishable by up to two years' imprisonment.
    Children in orphanages and institutions were sometimes victims of 
physical and emotional abuse by caretakers and guardians and sexual 
abuse by peers.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--There are an estimated 3,000 Jews in the country. 
While the law bans hate speech, translations of anti-Semitic literature 
were available from ultranationalist groups. Approximately 100 
different anti-Semitic books were sold in bookshops. Right-wing youth 
groups and Internet forums continued to promote anti-Semitism and use 
hate speech against the Jewish community.
    On February 26, two participants in a reality television show on 
Pink Television made anti-Semitic statements during a live broadcast. 
The station immediately issued an apology. The RBA subsequently changed 
the rules to prohibit live broadcast of reality television to prevent 
hate speech from being transmitted.
    Holocaust education continued to be a part of the school curriculum 
at the direction of the Ministry of Education. The role of the 
collaborationist National Salvation government run by Milan Nedic 
during the Holocaust was debated as part of the secondary school 
curriculum. There was a tendency among some commentators to minimize 
and reinterpret the role of national collaborators' movements during 
the World War II period and their contribution to the Holocaust.

    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 disabilities in employment, 
education, access to health care, and the provision of other state 
services. The government generally enforced the law. However, lack of 
access to older public buildings and public transportation was a 
problem. The law mandates access for persons with disabilities to new 
public buildings, and the government generally enforced this provision 
in practice.
    The law prohibits physical, emotional, and verbal abuse in all 
schools, and there were no reports of abuse in special education 
facilities. According to the commissioner for equality, persons with 
disabilities were among the groups facing the greatest levels of 
discrimination.
    Unemployment and discrimination in hiring remained a serious 
problem for persons with disabilities. A lack of workplace 
accommodations combined with discrimination and overall high 
unemployment made it difficult for persons with disabilities to obtain 
work.
    The Ministries of Labor and Social Policy, Education, and Health 
had sections with responsibilities to protect persons with 
disabilities. The Ministry of Labor and Social Policy had a broad 
mandate to liaise with NGOs, distribute social assistance, and monitor 
laws to ensure the rights of persons with disabilities were protected. 
The Ministries of Health and Education offered assistance and 
protection in their respective spheres.

    National/Racial/Ethnic Minorities.--Numerous observers noted the 
existence of a climate of hostility toward national and ethnic 
minorities, which constituted 25 to 30 percent of the country's 
population and included ethnic Hungarians, Bosniaks, Roma, Slovaks, 
Romanians, Vlachs, Bulgarians, Croats, Albanians, Ashkali, Egyptians, 
and others.
    Roma, who constituted 1.4 percent of the population in the 2002 
census but whose actual number was believed to be approximately 5.4 
percent, continued to be the most vulnerable minority community and 
were the targets of police violence, societal discrimination, and 
verbal and physical harassment.
    On June 27, six individuals were convicted for inciting racial and 
national hatred and intolerance in Jabuka village in June 2010. All six 
were given sentences below the legally prescribed minimum, one to eight 
years of imprisonment. Four were sentenced to five months of probation 
and two, who were convicted as minors, were sentenced to ``correctional 
measures,'' including being required to finish high school. On October 
7, both the prosecution and the defense appealed the case with the 
Court of Appeals of Novi Sad. The appeal continued at year's end.
    Many Roma continued to live illegally in squatter settlements 
lacking basic services such as schools, medical care, water, and sewage 
facilities. According to UNICEF, Romani children were one-third as 
likely to live to their first birthday as other children and often 
faced difficulties in accessing health care. While the educational 
system provided nine years of free, mandatory schooling, including a 
year before elementary school, ethnic prejudice, cultural norms, and 
economic hardship discouraged some Romani children, especially girls, 
from attending school.
    Ethnic Albanian leaders in the southern municipalities of Presevo, 
Bujanovac, and Medvedja continued to complain that ethnic Albanians 
were underrepresented in state institutions at the local level. During 
the year the government began approving Albanian-language textbooks for 
elementary school use and, on October 28, inaugurated an Albanian-
language faculty of business in Bujanovac. Ethnic Albanians continued 
to lack textbooks in their mother tongue for secondary education.
    The government took some steps to counter violence and 
discrimination against minorities. It operated a hotline for minorities 
and others concerned about human rights problems. Civic education 
classes, offered by the government as an alternative to religion 
courses in secondary schools, included information on minority cultures 
and multiethnic tolerance.
    Bodies known as national minority councils represented 22 minority 
communities and had broad competency over education, mass media, 
culture, and the use of minority languages. Contrary to the December 
2010 announcement by the minister for human and minority rights, 
elections for a Bosniak national minority council were not held during 
the year, and it remained the only un-constituted national minority 
council.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Violence and discrimination 
against members of the LGBT community were serious problems. While 
attacks happened frequently, few were reported publicly because victims 
were afraid of further harassment.
    Although the government permitted a pride parade in 2010 and 
defended marchers from violent counter demonstrations, it canceled the 
2011 parade scheduled for October 2, citing security concerns as the 
reason for the cancellation.
    Societal perceptions and attitudes toward the LGBT population 
continued to be negative, and members of the LGBT community continued 
to be targets of attacks. LGBT organizations reported that many violent 
attacks against the LGBT community were not reported to police because 
the victims did not believe their cases would be addressed properly and 
wanted to avoid further victimization from the police or publicity 
generated by their complaint.
    On May 17, the country observed the International Day against 
Homophobia and Transphobia for the first time. The commissioner for 
equality announced that her office had received 35 complaints of 
discrimination based on sexual orientation or gender identity.
    Although the broadcasting law prohibits discrimination on the 
grounds of sexual orientation, some media carried slurs against LGBT 
individuals. The tabloid press continued to publish articles with hate 
speech against the LGBT population and interviews with homophobic 
right-wing groups.

    Other Societal Violence or Discrimination.--There are 2,440 persons 
registered as having HIV/AIDS. According to medical professionals, at 
least an additional 3,500 HIV-positive individuals were unaware of 
their infection. NGOs reported acts of discrimination against persons 
with HIV/AIDS, including job loss and harassment from neighbors. NGOs 
and health workers also reported that some medical workers 
discriminated against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for the right of workers to form and join 
unions of their choosing. This right is subject to restrictions, 
including approval by the Ministry of Labor and Social Policy and a 
statement from the employer that the union leader is a full-time 
employee, which reportedly was tantamount to a requirement of employer 
approval. The constitution provides for the right to strike except by 
persons providing essential services, such as public utilities; radio 
and television broadcasting; food production; healthcare; education; 
social services; military and intelligence services; work in the 
chemical, steel, and metal industries; and the postal service. 
Essential service employees constituted more than 50 percent of the 
workforce and had to announce planned strikes at least 10 days in 
advance and ensure that a ``minimum level of work'' was provided. The 
constitution and law allow unions to conduct their activities without 
interference and the labor law protects the right to bargain 
collectively. The law prohibits discrimination on the basis of trade 
union membership but does not expressly prohibit discrimination for 
trade union activities and establishes no specific sanctions for 
antiunion harassment. Workers fired for union activity have a legal 
right to reinstatement.
    The state-affiliated Confederation of Autonomous Trade Unions of 
Serbia (CATUS), a federation of unions formed during the country's 
socialist period and supported by the Milosevic regime, outnumbered 
independent labor unions in the public sector. However, independent 
trade unions were able to organize and address management in state-
owned companies on behalf of their members.
    The government protected the right of unions to conduct their 
activities without interference. Workers frequently exercised the right 
to strike, especially during the first half of the year, when the 
government faced a series of strikes ending in June, involving 
employees from the education, health, police, state administration, and 
public utility sectors. According to some estimates, approximately 
100,000 workers throughout the country were on strike at some point 
during the year.
    Labor laws were effectively enforced and collective bargaining was 
freely practiced. The law requires collective bargaining agreements for 
any company with more than 10 employees. However, in order to negotiate 
with an employer, a union must represent 15 percent of company 
employees. In order to negotiate with the government, a union must 
represent 10 percent of all workforce employees. Collective bargaining 
agreements covered approximately 40 percent of employed workers.
    During the year the independent trade union Nezavisnost continued 
to allege discrimination against trade unions and violations of 
workers' rights.
    According to the NGOs Felicitas and Center for Democracy, the most 
common violations of workers' rights involved work performed without an 
employment contract; nonpayment of salary, overtime, and benefits; 
employers' withholding maternity leave allowances; discrimination based 
on sex and age; discrimination against persons with disabilities; 
unsafe working conditions; and general harassment. According to 
Nezavisnost, the Ministry of Labor and Social Policy's Labor 
Inspectorate continued to help the union reinstate members who had been 
fired for union activities.

    b. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced and compulsory labor. However, children, primarily 
from the Romani community, were forced to beg and commit theft (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 
minimum age for employment is 15, and youths under 18 require written 
parental or guardian permission for employment. The labor law 
stipulates specific working conditions for youths and limits their 
workweek to 35 hours. Penalties for violations include fines of up to 
780,000 dinars ($9,645).
    The Ministry of Labor and Social Policy's Labor Inspectorate is 
responsible for enforcing the child labor laws. During the year 
inspectors did not register any violations involving employment of 
youths under age 18 without parental permission.
    The government effectively enforced laws protecting children from 
exploitation in the industrial workforce, but did not have the 
authority to check informal workplaces or individual households. In 
urban areas, children, primarily Roma, worked in the informal sector as 
street vendors and car washers. In villages and farming communities, 
underage children commonly worked in family businesses. In Romani 
communities, families sometimes forced their children into manual labor 
or begging.
    Children were forced, often by their families, to beg and commit 
petty crime. Many of these children lived in substandard housing 
conditions without access to education. The law penalizes parents or 
guardians who force a minor to engage in begging, excessive labor, or 
labor incompatible with his/her age with prison terms of three months 
to five years. The Family Care and Social Welfare Department within the 
Ministry of Labor and Social Policy also addressed the social problems 
in the Romani community that led to forced labor.
    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 the period 
between June and December was set at 17,748 dinars ($219 per month). 
According to the governmental Social Inclusion and Poverty Reduction 
Unit, the 2010 poverty income was set at 8,544 dinars per month ($106). 
In companies with a trade union presence, there was generally effective 
enforcement of the minimum wage due to monitoring by the union. This 
was not the case in smaller private companies where employers were 
either unwilling or unable to pay minimum wages and mandatory social 
benefits. These companies often employed unregistered workers, that is, 
those that were ``off the books,'' for whom the employer did not pay 
social and pension contribution and to whom the employer paid a cash 
salary directly without recording the transaction. Most unregistered 
workers did not report labor violations because they feared losing 
their jobs. The Labor Inspectorate is responsible for enforcing the 
minimum wage.
    The law stipulates a standard workweek of 40 hours, which was 
generally observed in state-owned enterprises but not in private 
companies. The law provides that an employee may not work overtime for 
more than four hours a day or for more than 240 hours in a calendar 
year. One 30-minute break is required during an eight-hour workday. At 
least 12 hours of break are required between shifts during a workweek, 
and at least 24 hours of break are required over a weekend.
    Collective agreements were the primary means of providing premium 
pay for overtime. However, the labor law requires that the premium for 
overtime work should be at least 26 percent of the salary base, as 
defined by the relevant collective bargaining agreement. While trade 
unions within a company are the primary agents for enforcing overtime 
pay, the Labor Inspectorate also has enforcement responsibilities. The 
inspectorate did not always enforce labor regulations.
    Under the law, companies must establish a safety and security unit 
to monitor observance of safety and security regulations. However, in 
practice, these units often focused on rudimentary aspects of safety, 
such as purchasing soaps and detergents, rather than on providing 
safety equipment for workers. Workers did not have the right to remove 
themselves from situations that endangered their health or safety 
without jeopardy to their employment. The Labor Inspectorate employed 
261 inspectors and was responsible for worker safety and health. It 
increased inspections and preventative measures during the year.

                               __________

                                SLOVAKIA

                           EXECUTIVE SUMMARY
    The Slovak Republic is a multiparty parliamentary democracy led by 
a prime minister and a 150-member Narodna Rada (National Council). 
Voters elected the head of government, Prime Minister Iveta Radicova of 
the Slovak Democratic and Christian Union, to a four-year term in 2010. 
President Ivan Gasparovic, the head of state, was reelected for a five-
year term in 2009. Both elections were considered free and fair. Six 
political parties, four of which formed the governing coalition, 
participate in the National Council. In October the government fell to 
a no-confidence vote. Security forces reported to civilian authorities.
    Notable human rights problems during the year included abuse of 
power by judicial figures and a lack of checks and balances within the 
judicial system; continued societal discrimination and violence against 
Roma; and government corruption.
    Other human rights problems included prison overcrowding and 
targeting of the press for civil defamation suits by members of the 
political and business elite.
    The government investigated reports of abuses by members of the 
security forces and elsewhere in government. Some officials 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 
reports that the government or its agents committed arbitrary or 
unlawful killings.
    In May 2010 a Romani man died several days after being arrested in 
Tornala by local police, who allegedly resorted to the excessive use of 
pepper spray. Criminal proceedings were initiated but halted in 
September 2011, based on expert opinion that the pepper spray in 
question could not have caused death. An organization representing the 
individual's family appealed the decision.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and the law prohibit torture and other 
cruel, inhuman, and degrading treatment or punishment, and the 
government mostly respected these provisions in practice.
    Nongovernmental organizations (NGOs) and members of the Romani 
community cited a continuing trend of mistreatment of Romani suspects 
by police officers during arrest and while in custody.
    The Council of Europe's Committee for the Prevention of Torture 
(CPT) conducted a monitoring visit in 2009. The CPT noted that the 
situation in the country had improved from that observed during 
previous visits, notwithstanding recurring complaints from detainees 
about excessive use of force by authorities. The CPT urged the 
government to investigate all allegations of involuntary sterilization 
of Romani women promptly and thoroughly and to educate doctors about 
their criminal liability for performing sterilization without consent.
    In 2010 prosecutors charged 10 police officers with abusing six 
Romani boys (ranging in age from 11 to 16) in Kosice in 2009 following 
the alleged theft by the boys of a purse. Videotapes of the incident, 
leaked to the media in 2009, showed the officers forcing the boys to 
strip naked, kiss, and hit each other. The trial started in November 
2010. A second court hearing scheduled for November 2011 was postponed 
due to the inability of one of the accused to attend the hearing for 
medical reasons. New charges were filed against police officers who 
were present but failed to intervene when the alleged abuse took place.
    Romani advocacy groups lobbied the government to acknowledge and 
compensate victims for past involuntary sterilization practices on 
Romani women in public health facilities. While the law requires 
patients to submit written sterilization requests at least 30 days 
before such procedures are performed, criminal charges for alleged 
violations cannot be filed for offenses that took place prior to 2005, 
when the law entered into force.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions met most international standards, but overcrowding 
continued to be a problem. During the year on average 9,118 persons 
were in prison, 1,407 of whom were in pretrial detention. Of that 
total, 8,560 were men and 558 women; 132 were under the age of 18. Men 
and women were held separately, as were underage prisoners and adults 
unless there was a reasonable justification for placing adults and 
juveniles together.
    Prisoners were able to express complaints without censorship, and a 
public defender of rights, or ombudsman, was available for their legal 
aid. The ombudsman was elected by the National Council but did not 
report any political interference in his work.
    There was sufficient access to potable water in all prisons. 
Prisoners were allowed to practice their religion and observe their 
faiths freely, and were given adequate space to do so.
    The government permitted visits by independent human rights 
observers. Observers expressed concern that no independent group or NGO 
regularly monitored prison conditions.

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

    Role of the Police and Security Apparatus.--The national police 
force has sole responsibility for internal and border security and 
reports to the Ministry of Interior. The head of the police force 
reports directly to the interior minister, who has the authority to 
recall any member of the police. A special anticorruption police 
department, a special prosecution unit, and a specialized criminal 
court address corruption cases and have increased their combined 
effectiveness.
    The most common charge authorities brought against police officers 
was abuse of power; other charges included battery, assault and 
battery, and illegal intrusion into private homes. During the year 
authorities charged 122 police officers with 167 crimes; in 47 of these 
cases, the crime was abuse of power. Other crimes involved corruption 
(11 cases) and obstruction of justice (seven cases). Disciplinary 
action ranged from fines to expulsion from the police force.
    Human rights training remained in the curriculum at police training 
facilities.

    Arrest Procedures and Treatment While in Detention.--The 
constitution and the law stipulate that a person can only be taken into 
custody for explicit reasons and must be informed immediately of the 
reasons for detention. A written court warrant is required for arrest. 
The court must grant a hearing to a person accused of a crime within 48 
hours (or a maximum of 72 hours for ``serious cases,'' defined as 
violent crimes, treason, or other crimes with a sentence of at least 
eight years) and either release or remand the individual. A bail system 
functioned effectively. Detainees have the right to consult an attorney 
immediately and must be notified of this right. The law allows monthly 
family visits upon request.
    Attorneys are allowed to visit detainees as frequently as 
necessary, and the government provides free counsel to indigent 
detainees. However, the CPT's report on its 2009 monitoring visit noted 
that the majority of persons interviewed claimed to have been informed 
of their right to an attorney only at the time of the first court 
hearing, when an ex officio counsel was appointed. The CPT found that 
in very few cases did detained persons have an opportunity to consult 
an attorney from the outset of their police detention, let alone 
request that an attorney be present during the interrogation or initial 
questioning.
    If remanded by a court, the accused is entitled to an additional 
hearing within 48 hours, at which time the judge must either release 
the accused or issue a written order placing the accused in custody. 
Authorities respected these provisions in practice.
    Criminal court procedures mandate that the total time of detention 
(pretrial plus trial) cannot exceed 12 months in the case of minor 
offenses, 24 months for regular crimes, 36 months for severe crimes, 
and five years for crimes in which the expected sentence is 25 years to 
life. In addition pretrial detention cannot account for more than half 
of the total detention time. In cases with extenuating circumstances, 
the Supreme Court may extend pretrial detention to four years. Delays 
in court procedures and investigations frequently led to lengthy 
detention during both the pretrial and trial periods.
    The law allows plea bargaining, which continued to reduce the 
backlog of court cases. During 2010 plea bargaining resolved 7,619 
cases, compared with 6,856 cases in 2009. Between January and 
September, 4,898 cases were resolved through such arrangements.
    In 2010 criminal charges were brought against 4,925 juveniles, of 
whom 1,822 were between the ages of 14 and 15, nearly three times the 
number of those charged in 2009.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, in practice problems with corruption, 
official intimidation of judges, inefficiency, and a lack of integrity 
and accountability continued to undermine judicial independence. In 
some cases judges believed they were subjected to pressure aimed at 
influencing their decisions as well as to intimidation through 
disciplinary actions.
    A series of legislative amendments proposed by Justice Minister 
Lucia Zitnanska received harsh criticism by the former justice minister 
and current Supreme Court president, Stefan Harabin. The amendments 
included measures to strengthen judicial accountability, such as 
publishing court decisions on the Internet, making public selection 
procedures for judges and court chairmen, standardizing performance 
evaluations for judges, and allowing public access to judicial council 
sessions. These proposals were a reaction to nontransparent actions in 
the judiciary, including the nepotistic selection of new judges; 
difficulties in the public's access to court verdicts, especially 
controversial ones; allegedly unfair promotion and demotion processes; 
and the manipulation of the electronic random case assignment system. 
While the public and rule-of-law experts generally welcomed these 
changes (both those implemented and those only proposed), only a small 
number of members of the judicial community expressed their support. 
Harabin and opposition leader Robert Fico called the changes 
unconstitutional and in breach of judicial independence.
    There were reports that higher levels of the judicial hierarchy 
misused their power by issuing instructions to individual judges on how 
to decide specific cases.
    Disciplinary actions against judges for delays in completing cases 
appeared to be highly inconsistent. In some cases, judges faced 
suspension for delaying cases, while in similar cases no action was 
taken. In several cases disciplinary action was clearly used to 
intimidate judges into making judicial decisions favored by their 
superiors or to punish them for their critical statements. Suspension 
was considered a severe action, since suspended judges were prohibited 
from entering the court building, received only one-third of their 
salary, and had their cases assigned to other judges. These practices 
led to an atmosphere of general mistrust in the judiciary.
    District court judge Juraj Babjak, a former judge of the Slovak 
Constitutional Court and author of several critical articles about the 
state of the judiciary, faced disciplinary action for alleged delays in 
2010. Although he had communicated to the president of his district 
court that it was impossible to deal with his caseload because of its 
size and complexity, the court's president filed disciplinary action 
against him, proposing to demote him to a lower court. On April 6, a 
disciplinary panel demoted Judge Babjak from the regional court to the 
district court. Babjak appealed the verdict, and in October the 
appellate disciplinary panel overruled the original verdict, 
highlighting the case's numerous flaws. The case was dropped in 
December.
    Judge Miroslav Gavalec, spokesman for the organization For Open 
Judiciary, which consisted of judges favoring reforms, faced two 
disciplinary actions, one for ``insufficient education'' and the other 
for critical articles he wrote on the state of the judiciary. According 
to Supreme Court President Harabin, Gavalec's ``ungrounded'' and 
``untrue'' statements harmed the reputation of the judiciary. Harabin 
proposed that Gavalec be removed from his position. The case against 
Gavalec was pending before a disciplinary panel at year's end.
    In June 2010 a judicial disciplinary panel ruled that a veteran 
judge be demoted for allegedly prohibiting the recording of court 
proceedings in one of her cases. Consequently, the Judicial Council, 
also presided over by Supreme Court President Harabin, decided that the 
judge be reassigned from her home city to a distant district court. The 
judge chose to retire instead. Nevertheless, she lodged a successful 
complaint in June to the Constitutional Court, which ruled that the 
Supreme Court's disciplinary panel violated her right to a fair trial. 
She asserted that the real motive for her demotion was her 
unwillingness to decide in favor of Harabin in a libel case he brought 
against the daily newspaper SME.
    In June the Constitutional Court found Harabin guilty of violating 
his responsibilities by repeatedly disallowing a Finance Ministry audit 
of the Supreme Court.
    With the exception of the Constitutional Court, courts employed a 
computerized system for random case assignment to increase 
transparency. There were reports that this system was subject to 
manipulation. The watchdog NGO Fair Play Alliance filed a criminal and 
disciplinary motion against the president and the vice president of the 
Supreme Court for allegedly manipulating the electronic assignment 
system, and the justice minister filed her own case against Supreme 
Court President Harabin for the same reason. The disciplinary case was 
pending before the Constitutional Court at year's end.
    In 2008-10 more than 500 judges (of a total of 1,400) submitted 
claims of ``wage discrimination.'' According to media reports, the 
judges' claims were organized by senior officials in the judiciary. 
Former justice minister Viera Petrikova and Supreme Court President 
Harabin publicly supported the judges' claims. The large number of 
judges submitting claims raised serious concerns about the ethics of 
some members of the country's judiciary as well as the potential impact 
on the state budget. Adjudication of the cases was inconsistent. A 
small number were dismissed, but in some others, district courts 
awarded judges compensation of up to 90,000 euros ($117,000). In August 
Justice Minister Zitnanska filed a motion in the Constitutional Court 
to remove Harabin from office for failing to appeal a verdict awarding 
11 Supreme Court judges more than one million euros ($1.3 million) as 
compensation for alleged discrimination. Zitnanska claimed that, by not 
filing an appeal, Harabin did not uphold his duty as Supreme Court 
president to protect the interests of the court.

    Trial Procedures.--Defendants enjoy a presumption of innocence. 
They are also presumed innocent during the appeals process, meaning 
that a person found guilty by a court does not serve his sentence or 
pay any fine until the final decision on appeal has been reached. 
Persons charged with criminal offenses are entitled to fair and public 
trials and have the right to be informed of the charges against them. 
The law does not provide for jury trials. A panel of three judges is 
obligatory in criminal cases and in civil cases at the regional court 
and Supreme Court levels. However, NGO observers stated that judicial 
corruption often resulted in lengthy court delays and improper handling 
of police investigations. Defendants have the right to be present at 
their trial, consult in a timely manner with an attorney (at government 
expense if indigent), access government-held evidence, confront 
prosecution witnesses, and present witnesses and evidence on their own 
behalf. Defendants have the right to refuse self-incrimination and may 
appeal adverse judgments.

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

    Regional Human Rights.--Court Decisions.--During the year there 
were 553 new complaints filed against the state with the European Court 
of Human Rights (ECHR). The ECHR dealt with a total of 1,052 cases 
against Slovakia during the year, declaring 694 to be inadmissible. In 
the 21 admissible cases on which the ECHR ruled in 2011, the court 
found one or more violations of the European Convention on Human Rights 
in 19. The court found a total of 28 violations of the state's 
commitments under the convention, including one violation involving 
inhuman or degrading treatment, 12 regarding the right to liberty and 
security, two regarding the right to a fair trial, five regarding the 
length of proceedings, one involving nonexecution of a court decision, 
two regarding the right of respect for private and family life, one 
involving freedom of expression, three regarding the right to an 
effective remedy, and one involving the prohibition of discrimination.
    In November the ECHR ruled in favor of a Romani woman who alleged 
she had been sterilized in 2000 without her full consent. She was 
awarded 31,000 euros ($40,300) in damages. The court found that the 
plaintiff was not fully informed about her health condition, the 
proposed sterilization, and available alternatives. The court also 
found that the medical personnel left the plaintiff no option but to 
agree to the procedure and that the law at the time did not 
sufficiently protect the plaintiff's reproductive health as a Romani 
woman. At year's end, three sterilization-related cases against 
Slovakia were pending in the ECHR.

    Civil Judicial Procedures and Remedies.--Citizens have unrestricted 
access to an independent judiciary to bring lawsuits in civil matters, 
including human rights violations. Courts that hear civil cases were 
subject to the same delays as criminal courts and were often perceived 
by the public as corrupt. Administrative remedies are available in 
certain cases. The National Center for Human Rights has the authority 
to provide mediation for cases of discrimination and to represent 
claimants in court.
    The Office of the Public Protector of Rights (ombudsman) determined 
that 176 of the approximately 2,517 complaints received in 2010 
constituted violations of the rights of the claimants, most of which 
involved delays in court proceedings. The ombudsman's office continued 
providing free legal services throughout the country by holding 
traveling legal clinics in cooperation with individual municipalities.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and the law prohibit such actions, 
and the government generally respected these prohibitions in practice.
    Police must present a warrant before conducting a search or within 
24 hours afterwards.
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. While the government generally respected these rights in 
practice, in some instances it limited these rights to impede criticism 
and limit actions of groups it considers extremist. The law prohibits 
the defamation of nationalities, punishable by up to three years in 
prison, and denying the Holocaust, which carries a sentence of six 
months to three years in prison.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views, although media, especially state-owned 
television, were subject to political influence. In January STV 
(television) and Radio SRo were merged into a single entity, Radio and 
Television Slovakia, which, along with TASR news agency, were the two 
public media outlets that received state funding for specific 
programming.

    Libel Laws/National Security.--Criminal penalties for defamation 
exist under the penal code but were rarely used. In June the National 
Council amended a 2008 media law that required publishers to print 
responses to any ``statement of fact that impinges on the honor, 
dignity, or privacy of a natural person, or the name or good reputation 
of a legal entity.'' The amendment, which went into effect September 1, 
significantly eased this ``right of reply'' provision and strengthened 
the notion that public officials deserved greater scrutiny in their 
work.
    Members of the government, judiciary, and political elites targeted 
the press in a number of civil defamation lawsuits, which often 
required the press to pay large sums of money. However, the number of 
cases and damages sought was lower than in previous years. The 
International Press Institute and other observers expressed concern 
that this financial risk could still lead to media self-censorship. 
Courts made multiple decisions in favor of political elites, despite 
compelling evidence of the veracity of the reports for which media 
outlets were being sued.
    In July 2010 the Bratislava District Court ruled against former 
prime minister Fico in his case against Petit Press, the parent company 
of the leading daily SME, alleging damages incurred by publication of a 
cartoon on its opinion page. Fico's appeal of the verdict was dismissed 
by the appellate court in November.
    In November the Bratislava Regional Court issued a final verdict in 
a libel case filed by former prime minister Fico against the economic 
weekly Trend. The court ordered the weekly to apologize to Fico for 
publishing a photograph of him on the front page of its magazine with 
the caption ``Thief of Future Pensions.'' The front page and related 
articles, published in 2007, criticized intended changes to pension 
legislation under Fico's government that Trend claimed would decrease 
the value of private pensions. The court ruled that the articles 
breached Fico's right to ``protect his personality'' and ordered that 
the apology be published on Trend's front page.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the government monitored e-mails or 
Internet chat rooms; however, police monitored Web sites hosting hate 
speech and attempted to arrest or fine the authors. Individuals and 
groups could otherwise engage in the peaceful expression of views via 
the Internet, including by e-mail.

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

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and the law provide for freedom of 
assembly, and the government generally respected this right in 
practice.

    Freedom of Association.--The constitution and the law provide for 
freedom of association, and the government generally respected this 
right in practice. The law requires organizations to pay a nominal 
registration fee and stipulates that those registering as foundations 
have ``substantial'' financial resources of 6,000 euros ($7,800).

    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 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 law provides for 
the granting of asylum or refugee status, and the government has an 
established system for providing some protection to refugees. While the 
asylum law gives officials broad authority to reject applicants based 
on technical errors in their applications, in practice this was not a 
problem.
    The government provided ``subsidiary protection,'' which is granted 
if asylum is denied and the individual is not eligible for deportation 
to his or her country of origin due to administrative problems or fear 
for the person's safety. In 2011, 91 persons were granted subsidiary 
protection, compared with 57 in 2010. The Alien and Border Police can 
also grant ``tolerated residency.'' During the first half of the year, 
128 individuals were granted tolerated residency, compared with 160 
during the first half of 2010.
    A criticism of the subsidiary protection system related to the 
periods for which it was granted. The law requires aliens with 
subsidiary protection to renew their status every year, which in 
practice, given procedural requirements, meant renewing their status 
every 10 months. Critics argued that the uncertainty created by the 
relatively short periods of temporary residence granted each time could 
cause problems with finding stable employment.

    Safe Country of Origin/Transit.--Consistent with EU legislation, 
the country employs the concept of a safe country of origin and 
transit, but authorities are required to ensure that the well-being of 
individual asylum seekers is not threatened if they are deported to a 
non-EU ``safe third country.'' Slovakia has been criticized for 
including on its ``safe third country'' list countries where sexual 
acts between same-sex individuals are illegal. The Alien and Border 
Police have been criticized for lacking the information necessary to 
determine whether a given country would be safe for persons facing 
deportation there.

    Nonrefoulement.--In April 2010 the government extradited an 
Algerian national and alleged terrorist to Algeria despite an interim 
measure issued by the ECHR that specifically stated that he should not 
be expelled to Algeria until he exhausted all legal avenues for his 
asylum claim, including the Constitutional Court. The Algerian was 
extradited before he had time to appeal to the Constitutional Court.

    Access to Basic Services.--The government operated a network of 
facilities for refugees and asylum seekers. The Border and Alien Police 
operated several holding facilities for individuals caught illegally 
crossing the border. The migration office operated several facilities 
throughout the country, including a reception facility where asylum 
seekers spent approximately 30 days following the filing of their 
asylum claim, before being transferred to other facilities while their 
application was processed and eventually into integration facilities. A 
reception facility in Humenne provided accommodation and services for 
transit asylum seekers en route to asylum residency in a third country. 
NGOs had access to refugees and asylum seekers residing in Interior 
Ministry facilities and participated in the provision of social and 
support services. NGOs also provided legal support and representation 
in the asylum process.
    There were reports of aliens granted subsidiary protection having 
limited access to healthcare. Health insurance documentation was issued 
directly to aliens with subsidiary protection by the Ministry of 
Interior. This created some instances of confusion among health 
providers who often did not know which medical procedures would be 
covered by the policy.

    Temporary Protection.--The provision of temporary protection is 
defined by European Commission Directive 2001/55, regarding the minimum 
standards for providing temporary protection in the event of a mass 
influx of displaced persons. There was no use of this provision in 
2011.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and the law provide citizens the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections based on universal 
suffrage.

    Elections and Political Participation.--Recent elections.--The most 
recent parliamentary elections were held in June 2010. Citizens voted 
six political parties into the National Council in free and fair 
elections. Four of the six parties formed the governing coalition, led 
by the country's first female prime minister, Iveta Radicova.
    Communal elections were held in November 2010. The elections were 
accompanied by allegations of vote buying, particularly in Romani 
communities in Eastern Slovakia, and other infractions. Consequently, 
20 councils were required to repeat their elections in June.

    Participation of Women and Minorities.--There were 24 women in the 
150-seat National Council, 41 women on the 81-seat Supreme Court, and 
two women in the 15-member cabinet, including the prime minister.
    Because the law prohibits collecting information on ethnicity, it 
was not possible to determine the precise number of members of minority 
groups in government. The party Most-Hid (``bridge''), which promotes 
greater cooperation between the country's Hungarian minority and ethnic 
Slovaks, held 14 seats in the National Council, seven of which were 
occupied by ethnic Hungarians. Some ethnic Romani individuals and 
parties were successful in gaining representation at the local and 
regional levels. However, Roma were consistently underrepresented in 
government service, and no Roma sat on the National Council.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not always implement the law effectively, 
and some officials engaged in corrupt practices with impunity. There 
were also concerns, particularly in the business sector, about the 
``privatization of justice,'' and some NGO governance experts reported 
that court proceedings had become a contest of vested interests and 
persons with connections to the judicial powers. While the country has 
financial disclosure laws, compliance was the exception rather than the 
rule. The World Bank's Worldwide Governance Indicators also reflected 
that corruption remained a problem.
    Instances of police corruption and misconduct were also reported, 
primarily the extortion of bribes during traffic stops. Headed by a 
director who reports directly to the interior minister, the Bureau for 
the Inspection Service of the Police Corps is responsible for 
investigating police abuses. Cases may be initiated by the inspection 
service, the police corps, the police department's organized crime 
unit, and individual citizens, among others.
    International companies reported multimillion-dollar losses that 
they settled out of court simply for lack of a credible legal remedy, 
and cronyism was cited as the country's primary competitive 
disadvantage. For example, the government faced allegations of cronyism 
in connection with a rental agreement, overseen by the finance 
minister, for tax office space in the eastern city of Kosice. The 
company that won the tender to rent space to the Finance Ministry was 
owned by an official of the Slovak Democratic Christian Union (SDKU), 
the party to which the finance minister belonged. Following public 
complaints over perceived cronyism, the tender was readvertised several 
times. The tender was ultimately awarded to the same SDKU-affiliated 
company.
    Possible weaknesses in the electronic auction system revealed other 
possible cases of cronyism, including one involving the sale of 
platinum by the State Material Reserves, a government body that 
controls the use and sale of raw materials. The State Material Reserves 
sold via electronic auction special platinum sieves for a price far 
below their market value to a company allegedly linked to politicians. 
Newswires reported the auction was not announced properly and that the 
company made its bid literally one second before the bidding closed. 
Although the prime minister announced that the cabinet would do 
everything it could to invalidate the contract, the government's 
actions were limited, because the sieves were sold immediately 
afterward by the purchasing company.
    In both of the aforementioned cases, mid-level government officials 
were forced to resign, but no other legal consequences ensued. The 
government proposed a legislative amendment aimed at narrowing the 
space for the manipulation of electronic auctions and rental agreements 
as means of financing political parties. In December a leaked document 
(code named ``Gorilla''), allegedly originating with the Intelligence 
Services, appeared to reveal corrupt practices between business 
interests and political parties in 2005-06. The investigations of, and 
public reaction to, the file and its circumstances continued at year's 
end.
    Following its formation in July 2010, the government launched its 
reform agenda by requiring online disclosure of all contracts, 
invoices, and financial transactions involving public funds and 
introducing electronic auctions as a mandatory form of procurement. 
However, the government has not prosecuted even the most egregious 
cases of corruption that had emerged under its predecessors.
    In April 2010 the European Commission formally questioned whether 
the winner of the National Highway Company's (NDS) tender to build an 
electronic toll-collection system had enjoyed an ``unfair advantage.'' 
The NDS had awarded the tender to the highest bidder, SanToll-Ibertax, 
a Slovak entity, for 852 million euros ($1.1 billion). The case was 
pending before the European Court of Justice at year's end.
    In May 2010 Slovak investigators met their foreign counterparts to 
discuss their findings in the investigation of the sale of Slovak 
surplus carbon dioxide emission quotas that might have resulted in a 
loss of at least 40 million euros ($52 million). The case was pending 
at year's end.
    The Ministry of Interior is responsible for developing the 
government's overall strategy for combating corruption, with a specific 
focus on investigation and enforcement. The Special Court is 
responsible for most prosecution efforts. The general prosecutor, who 
is appointed by the National Council and independent of the executive 
and judicial branches, also plays a leading role in prosecuting 
corruption. The Government Office of the Slovak Republic, which 
oversees the state administration and answers to the prime minister, 
also plays a role in developing anticorruption legislation and 
regulations.
    In June the governing coalition elected a new prosecutor general, 
Jozef Centes, to fill the post that had remained vacant since the 
previous prosecutor general completed his term in February. The vote 
was mired in political and procedural complications, resulting in 
several rounds of voting before the final June vote. Since that final 
vote, however, President Ivan Gasparovic has refused to appoint Centes 
to his elected post, claiming the need to wait for a pending 
Constitutional Court decision on the legality of the vote. President 
Gasparovic also said that he was not convinced that Centes would be 
proper for the position, based on his perception of Centes' previous 
actions and decisions as deputy prosecutor general. The media and the 
governing coalition criticized the president for his inaction, 
asserting that he is legally obliged to appoint elected candidates and 
does not have the right to evaluate Centes' personality beyond the 
criteria stipulated by the constitution. Gasparovic countered such 
criticisms by arguing that the constitution does not set any specific 
deadline for appointing elected candidates.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Most NGOs were 
independent, although the Slovak National Center for Human Rights 
receives its budget from the National Council and was thus semi-
independent. Government officials were generally cooperative, although 
NGOs reported that at times government officials seemed to view their 
activities with suspicion or mistrust.

    Government Human Rights Bodies.--The country has an 11-member 
parliamentary Human Rights Committee. The committee held regular 
sessions during the year but was not particularly active on Roma-
related legislation.
    In March the government created the Office of the Government 
Plenipotentiary for the Development of Civil Society, an advisory body 
in matters related to strengthening engagement by citizens and their 
position in relation to the state. The government also has a committee 
for nongovernmental, nonprofit organizations.
    The government's Council on Human Rights, National Minorities, and 
Gender Equality, headed by one of the deputy prime ministers, fulfills 
an advisory role on human rights issues, and consists of state 
administration and civil society representatives. In March the council 
set up several committees as focal points for specific human rights 
issues. The council held three sessions during the year, but most of 
its activities were devoted to procedural and administrative matters. 
The council may issue statements or recommendations on legislative 
issues relevant to human rights.
    The office of the ombudsman was headed by Pavel Kandrac, who 
submits an annual report on human rights problems to the president. The 
annual report for the period February 2010 to March 2011 outlined the 
ombudsman's areas of focus, including court delays, children's rights, 
and procedural shortcomings by institutions. For the most part, the 
ombudsman's office did not comment on Roma issues, serious problems in 
the judiciary, or other human rights violations. In general the 
ombudsman's work was not subject to executive interference. However, 
human rights activists did not consider his office to be very 
effective.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and the law prohibit discrimination based on race, 
gender, disability, language, or social status; the government made 
efforts to enforce these prohibitions in practice. All government 
agencies are required to create special favorable conditions for groups 
who are victims of discrimination, including but not limited to, 
employment, education, and vocational training.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
including spousal rape. Although the government enforced the law 
effectively, rape was an underreported problem according to NGOs and 
academics. During the year 150 rapes and 542 cases of sexual abuse were 
reported. Rape victims had access to shelters and counseling offered by 
NGOs and government-funded programs.
    Domestic violence against women continued to be a problem. While 
the law prohibits domestic violence, it was widespread, and activists 
claimed that the government did not enforce the law effectively. A 
joint study carried out by the Ministry of Labor, Social Affairs, and 
Family and the Public Policy Institute concluded that one in five women 
was a victim of domestic violence. The law specifically prohibits 
suspected offenders from reentering the victim's home for 48 hours 
after an incident was reported. As of November authorities had recorded 
321 cases of abuse of a member of household during the year. The law 
provides stricter sentences for violence directed toward members of the 
same household and allows for continued criminal prosecution even when 
a spouse drops charges. Domestic violence is punishable by two to 12 
years' imprisonment. According to local NGOs, domestic violence often 
was underreported due to the social stigma associated with being a 
victim; crime statistics did not adequately reflect the extent of the 
problem.
    Under a national action plan to combat violence against women for 
2009-12, government ministries and local authorities were tasked with 
increasing awareness about domestic violence through public media 
campaigns and the training of health practitioners to identify domestic 
violence victims.

    Sexual Harassment.--The law defines sexual harassment as unlawful 
discrimination. There were few statistics available to measure the 
frequency or severity of the problem.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children. Contraception was widely 
available, but the costs must be covered by the individual, not the 
public health services. According to NGOs, the high cost of oral 
contraception in the country and the lack of public subsidization 
constituted a significant barrier to access. According to the 
Population Reference Bureau (PRB), 66 percent of married women between 
the ages of 15 and 49 used modern methods of contraception. Between the 
ages of 15 and18, women must have the approval of their parents and 
gynecologist to obtain a prescription for oral contraception. Child 
mortality rates were very low. According to the PRB, 100 percent of 
births were attended by skilled attendants. The law on public health 
care coverage provides comprehensive reproductive health services for 
women.
    Sexual education is offered at all levels of schools, and the 
government's goal is to reduce unwanted youth pregnancies by 50 
percent. However, NGOs noted that the quality of sexual education was 
very low, and the subject is not mandatory. The country has a low 
incidence of HIV/AIDS infection. Women and men were treated equally for 
sexually transmitted infections, including HIV.

    Discrimination.--Women and men are equal under the law, including 
family law, property law, and in the judicial system; however, 
discrimination against women remained a problem in practice. Although 
women are legally protected from discrimination in the labor market, 
NGOs reported that many women were dismissed from their jobs upon 
becoming pregnant. The Government Council on Human Rights includes a 
committee on gender equality. However, the committee only held its 
first session in July, and at year's end it had not dealt yet with 
substantive gender-related issues. The National Center for Human Rights 
continued to receive a limited number of gender discrimination cases; 
underreporting, however, remained a concern. The Ministry of Labor 
operated a gender equality department. In the wake of organizational 
restructuring in August, the department had not yet begun to implement 
policy initiatives. According to the statistical office, in 2010 the 
gender pay gap was 24.7 percent. According to outside experts and the 
Ministry of Labor, the reported wage differences were due to low 
participation of women in higher-paid management positions and large 
numbers of women working in low-paid occupations such as education, 
healthcare, social work, and light industry. The Ministry of Labor also 
noted that the wage gap was not due to differences in base wages, but 
to bonuses, which were provided in a less transparent manner.
    NGOs continued to advocate increased opportunities for the 
political participation of women, who were underrepresented in almost 
all spheres of public life. During the year women accounted for 16.7 
percent of senior government officials, 15.3 percent of the National 
Council, and a similar proportion of officials in regional bodies. 
According to the statistical office, women constituted 44.6 percent of 
the workforce in 2010.

    Children.--Birth Registration.--Citizenship is acquired by birth to 
at least one citizen parent, regardless of where the child is born. 
Each domestic birth is recorded at the local vital statistics office. 
If the child is born in a foreign country, the foreign birth 
certificate must be notarized, translated, and submitted to a special 
vital records office administered by the Ministry of Interior.

    Education.--While education is universal, free through the 
postsecondary level, and compulsory until the age of 15, Romani 
children exhibited a lower attendance rate than other children. 
Although Romani children comprised only 15 percent of the total number 
of children under the age of 16, they were disproportionately enrolled 
in ``special'' schools for children with mental disabilities, despite 
diagnostic scores that were often within the average range of 
intellectual capacity. In many special schools, the registered student 
body was nearly 100 percent Roma, according to NGO reports.
    The government did not provide data on the percentage of these 
students who were Roma, as it does not collect data on ethnicity. As of 
September, 23,951 students were enrolled in special schools and 10,510 
enrolled in special classes within regular schools in the public 
education system. According to a September 2010 report by Amnesty 
International, Romani children comprised 85 percent of the students in 
special schools. Regular schools in the same communities had very few 
Romani students, especially at the secondary school level. A special 
school education did not provide Romani children the knowledge or 
certification necessary to pursue higher education.
    NGOs continued to implement educational programs through community 
centers operated by local councils to reduce the number of Romani 
children who were enrolled in special schools or special classes. These 
programs included preschool and after-school work to improve basic 
motor and other skills and habits in neglected children, thereby 
avoiding their referral to diagnostic centers and ultimately special 
schools. Social workers also worked with parents in socially excluded 
families to help them understand the importance of attending a regular 
school, as Romani children were often placed in special schools with 
the explicit agreement or at the request of parents themselves. These 
projects, however, depended on the good will, initiative, and budgetary 
flexibility of local councils and NGOs and have not yet achieved wide 
coverage. Reportedly the extra funding that special schools or classes 
received for each student, compared to regular schools or classes, may 
have led to an unnecessary number of children, and particularly Romani 
children, being enrolled in such schools and classes.
    Romani children from socially excluded communities also faced 
segregation in regular educational establishments. There were reports 
of schools having predominantly or almost exclusively Romani pupils 
from several surrounding municipalities. This meant that, in practice, 
non-Romani children often attended a different school than Roma from 
the same village. In some predominantly Romani municipalities the 
segregation of Roma and non-Roma in schools was further entrenched by 
the parents of non-Romani children, who preferred that their children 
attend a different school with non-Roma. There were reports of local 
councils' intentionally assigning certain schools to mostly Romani 
areas, thereby concentrating Romani students in them.
    In a landmark decision in December, a district court ruled that 
segregation of Romani children in a school in eastern Slovakia was 
illegal. The school had asserted that Romani children were separated 
due to hygiene concerns and their lack of basic skills, not their 
ethnicity. The school further claimed that segregation did, in fact, 
benefit socially excluded children, as teachers could give them special 
attention. While acknowledging the human rights dimension, the media 
gave extensive space to arguments supporting segregation. The school's 
appeal of the district court decision was pending.
    In August 2010 the government adopted a program calling for an end 
to segregation of Romani children in special schools. A 2008 law had 
addressed some of the problems through reform and new programs, 
including attendance-based financial incentives. It also provided for 
the creation of ``zero year'' classes, which offer one year of state-
funded prekindergarten education to children from socially 
disadvantaged families. During the 2009-10 school year, 3,134 children 
participated in the ``zero year'' program, an increase of 25 percent 
over the previous year. NGO observers expressed the view that the 
program was a successful model but that it needed to be expanded 
further to be effective.

    Child Abuse.--Child abuse remained an underreported problem 
according to child advocates. A number of children's foundations 
operated programs for abused children.
    The government's National Action Plan for Children for 2009-12, 
funded through the government budget, focused on training social 
workers and other professionals dealing with children, as well as 
public education campaigns against corporal punishment and sexual abuse 
of children.

    Sexual Exploitation of Children.--Child prostitution is prohibited; 
however, according to the U.N., it remained a problem in the poorest 
Romani settlements. Most of the perpetrators were other Roma. The 
criminal code establishes 15 as the minimum age for consensual sex. 
Rape and sexual violence carry penalties of five to 25 years' 
imprisonment, depending upon the injury or harm caused the victim and 
the motive.
    The production, distribution, or possession of child pornography is 
also a crime; the penalties for breaking the law range from two to 20 
years' imprisonment.

    Institutionalized Children.--As of June there were approximately 
5,000 children in institutional care, the majority of whom were Roma. 
Of the 4,100 children in long-term care, nearly 800 were with foster 
families, a proportion that increased steadily during the previous 
decade. According to law children under the age of three must be cared 
for by foster families rather than being placed in orphanages. For 
older children, orphanages served as long-term care facilities rather 
than short-term residences. Activists claimed that orphans had 
difficulty integrating into society at age 18 and faced an elevated 
risk of falling victim to trafficking. The Ministry of Labor and Social 
Affairs operated small-group homes for young adults aging out of foster 
care.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--Jewish community leaders and 2001 census data 
estimated the size of the Jewish community at approximately 3,000 
persons.
    Organized neo-Nazi groups, with an estimated 500 active members and 
several thousand additional sympathizers, promoted anti-Semitism and 
harassed and attacked other minorities. Jewish community leaders 
expressed concern that some media coverage in the country exhibited 
anti-Semitic undertones.
    The criminal code provides penalties of two to six years' 
imprisonment for membership in an extremist group and three to eight 
for production of extremist materials.
    While direct denial of the Holocaust was uncommon, expressions of 
support for the World War II-era Slovak fascist state, which deported 
tens of thousands of Slovak Jews, Roma, and others to their deaths in 
concentration camps, occurred during the year.
    At the beginning of the year, the Rajec local council reapproved 
the placement of a statue of Ferdinand Durcansky in the town square. 
Durcansky was a controversial figure who played a key role during the 
initial phases of the World War II collaborationist Slovak state. 
Durcansky was behind numerous pieces of anti-Semitic legislation that 
introduced Aryanization and the exclusion of Jews from economic and 
social life. The placing of the statue was subject to extensive 
criticism, suggesting that council members lacked sufficient 
information about Durcansky's anti-Semitic activities. The Rajec local 
council justified its decision on the grounds that Durcansky was 
primarily a champion of Slovak independence and not directly 
responsible for the deportation of Jews in 1942.
    The People's Party--Our Slovakia (LS-NS) group--which expressed 
support for, and used the symbols of, the World War II-era fascist 
Slovak state--organized numerous marches and gatherings throughout the 
year. In March approximately 250 persons gathered in front of the 
presidential palace in Bratislava to commemorate the 72nd anniversary 
of the founding of the wartime fascist Slovak state in 1939 and to pay 
respect to its president, Jozef Tiso, who was executed for treason 
after the war.
    The Nation's Memory Institute (UPN) provided access to previously 
undisclosed records of the Slovak regimes from 1939-89, prompting 
efforts in the past by politicians such as the far-right Slovak 
National Party Chairman Jan Slota to abolish it. The UPN supervisory 
board is led by Arpad Tarnoczy, former chairman of the Union of Anti-
Communist Resistance (ZPKO) and known for his pro-Tiso sentiments. ZPKO 
published a newsletter, Svedectvo (Testimony), that Jewish community 
officials criticized for praising the wartime fascist state. Jewish 
community leaders asserted that UPN publications about the 1939-45 
period appeared to express sympathy for prominent regime figures, 
especially when portrayed as victims of the subsequent communist 
regime.
    The Ministry of Interior pursued violent extremist groups, and 
police monitored Web sites posting hate speech.

    Trafficking in PersonsSee 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. Persons with disabilities were able 
to vote and participate in civic affairs. In practice, however, experts 
reported that access to buildings and higher education remained a 
problem, and laws to provide assistance to students with disabilities 
have not been implemented with regard to school facilities or 
educational materials. There were reports that persons with severe 
physical disabilities received less than the minimum wage in some 
instances.
    NGOs reported limited resources for psychiatric care outside of 
Bratislava, a lack of community-based psychiatric care, and an absence 
of mechanisms to monitor human rights violations against persons with 
such disabilities. Psychiatric institutions and hospitals, which fall 
under the purview of the Ministry of Healthcare, continued to use cage 
beds to restrain patients. The law prohibits both physical and 
nonphysical restraints in social care homes, managed by the Ministry of 
Labor, Social Affairs, and Family. Several NGOs conducted public 
education campaigns on mental illness and worked cooperatively with the 
health ministry.
    Legislation requiring television stations to provide voiceover for 
blind viewers has not been implemented by any Slovak broadcaster. While 
by law mandatory standards for access to buildings are defined, NGOs 
noted they were not fully implemented, although access to privately 
owned buildings improved more rapidly than access to state buildings.
    The Government Council on Human Rights, National Minorities, and 
Gender Equality operated a committee for persons with disabilities. The 
council served as a governmental advisory body and NGOs working on 
disability issues are represented. The committee's first session, held 
in June, dealt with procedural and status issues.

    National/Racial/Ethnic Minorities.--Government and societal 
discrimination against Roma and individuals of non-European ethnicity 
was common. Roma were the second largest ethnic minority with a 
population of 90,000 according to the 2001 census. Experts estimated 
that the Romani population was actually between 350,000 and 500,000. 
The discrepancy was attributed to Roma identifying themselves as 
Hungarians or Slovaks. Results of the most recent census, conducted in 
May, were not available at year's end.
    NGOs reported racially motivated attacks on minorities (Roma and 
others) throughout the year, but authorities' investigation of such 
incidents varied by jurisdiction. During the year four cases of 
racially motivated attacks resulting in bodily harm were reported. Roma 
were singled-out for violence, and police detained numerous individuals 
for racially motivated attacks against Roma.
    Several non-Romani minorities as well as foreigners were also 
victims of racially motivated attacks. In July a small group of right-
wing extremist sympathizers verbally and physically attacked a man of 
African descent in Bratislava. The man's girlfriend called police, but 
because he suffered only minor injuries, the attack was handled as an 
administrative offense. Eventually, criminal proceedings were initiated 
on the grounds that the attackers were part of a group that supported 
the repression of rights and freedoms.
    Extreme rightist, nationalist, and neo-Nazi groups continued to 
hold events designed to intimidate minority groups. Dressed in uniforms 
similar to those of the Hlinka Guards (the fascist wartime militia), 
the groups' members held marches and rallies to commemorate the wartime 
fascist state and to spread messages of intolerance against ethnic and 
religious minorities. In the first nine months of the year, the LS-NS 
organized 13 public gatherings throughout the country. In addition to 
commemorating historical events and figures associated with the World 
War II Slovak fascist state, the LS-NS organized anti-Roma public 
gatherings in locations where there were tensions between Roma and non-
Romani population. While the nature of the gatherings was often thinly 
disguised under such euphemisms as fighting for social justice, 
security, or equal application of the law to all citizens, their anti-
Romani character was sometimes more open, as during a protest against 
``gypsy extremists and gypsy parasitic criminality'' that was held in 
Zilina in April.
    An alleged 2006 attack and subsequent perjury charges against 
Hedviga Malinova, an ethnic Hungarian university student in Nitra, 
continued to draw media attention. Two young men allegedly physically 
assaulted Malinova after hearing her speak Hungarian. The district 
prosecutor discontinued the investigation after two weeks, concluding 
that Malinova had lied about the attack. In October 2010 the National 
Council's Human Rights Committee convened a hearing to question the 
prosecutor general about delays in the case. In November the ECHR 
accepted an agreement between Malinova and the government and 
subsequently dropped the case pending before it. The agreement provided 
for the government, among others, to express regret over Malinova's 
case through a press release. As of year's end, the press release had 
not been published.
    Widespread discrimination against Roma continued in employment, 
education, healthcare, housing, and loan practices.
    Roma continued to face discrimination in accessing a wide variety 
of commercial services, including restaurants, hair salons, and public 
transportation. NGOs asserted that the cases of discrimination reported 
to organizations operating legal help lines represented only a fraction 
of discrimination cases in practice. In many cases, Romani individuals 
from socially excluded communities did not report discrimination and 
simply accepted refusal of access to commercial services as an everyday 
reality.
    Activists frequently alleged that employers refused to hire Roma, 
with an estimated 80-90 percent of Roma from socially excluded 
communities being unemployed. NGOs working with Roma from socially 
excluded communities reported that, while job applications by Roma were 
often successful during the initial phase of selection, in a majority 
of cases, these applicants were excluded once the employer found out 
they were Roma. Cases of discrimination in hiring were rarely pursued 
through the courts.
    Local authorities and groups forced evictions of Romani inhabitants 
or blocked them from obtaining construction permits or purchasing land. 
There were reports of local residents purchasing property to prevent it 
from being acquired by Romani families.
    During 2010 several municipalities, mainly in eastern Slovakia, 
built walls to create a physical barrier between Romani and non-Romani 
communities. Local councils often justified such walls as measures to 
reduce theft and criminality, reduce disruption of the peace, or reduce 
noise. The walls were criticized for further segregating Romani 
communities and limiting their access to communal facilities.
    NGOs reported persistent segregation of Romani women in maternity 
wards in several hospitals in Eastern Slovakia, where they were 
accommodated separately from non-Romani women and not permitted to use 
the same bathrooms and toilets. Hospitals claimed that women were 
grouped according to their levels of hygiene and adaptability, not 
along racial lines.
    Romani children from socially excluded communities faced 
educational segregation, both in terms of their disproportionate 
enrollment in special schools but also in schools in some 
municipalities, which were predominately attended by either Romani or 
non-Romani children (see section 6, Children).
    Anti-Romani sentiments permeated public and political discourse. 
NGOs engaged in monitoring activities noted that media reports 
concerning Roma overwhelmingly focused on crime or other problems 
associated with socially excluded communities. Political discourse also 
contained sentiments or policies which discriminated against Roma, both 
in the form of derogatory remarks, such as during election campaigns 
(see section 3), or through often-populist policies that placed Roma at 
a disadvantage.
    Following the 2010 parliamentary elections, the Ministry of 
Interior created the position of Advisor on Roma Criminality. Activists 
criticized the decision for implying causality between ethnicity and 
criminality. The ministry was also criticized for populist policies 
that claimed to get tough on criminality in areas bordering socially 
excluded Romani settlements but failed to address the causes of 
criminality or tackle crime issues within excluded settlements.
    The law prohibits defamation of nationalities in public discourse; 
however, authorities enforced this law only when other offenses, such 
as assault or destruction of property, were also committed. There were 
instances during the year of public officials at every level defaming 
minorities and making derogatory comments about Roma. Inflammatory 
speech by government officials also continued to increase tensions 
between ethnic Hungarians and ethnic Slovaks.
    The law provides for the imposition of fines on government 
institutions, civil servants, and legal entities that did not provide 
information required by law in Slovak. The law authorizes the Ministry 
of Culture to levy fines of up to 5,000 euros ($6,500) for 
noncompliance. Members of the ethnic Hungarian minority criticized the 
provision as discriminatory and a restriction on their right to free 
speech.
    During the year the government made efforts to address violence and 
discrimination against Roma and other minorities, although some 
observers expressed concern that judges lacked sufficient training in 
relevant laws and court cases involving extremism and often did not 
handle cases properly. The government continued to implement its action 
plan against xenophobia and intolerance, which included monitoring of 
extremist activities by a special police unit. A commission consisting 
of NGOs, police, and government officials advised police on minority 
issues.
    During the year the government made only limited progress on its 
national minority strategy, which incorporated a wide range of 
education, employment, housing, and social integration policy 
recommendations from the Romani advocacy community. While the 
government allocated approximately 200 million euros ($260 million) of 
EU structural funds to projects addressing the needs of the Romani 
community, NGOs complained that the funds had not been successfully 
distributed and the government lacked a comprehensive approach to 
Romani integration.
    In August 2010 the government appointed Miroslav Pollak, a non-Roma 
with extensive NGO experience in social work, as the plenipotentiary 
for Romani affairs. The plenipotentiary maintained five regional 
offices to supervise the implementation of governmental policy on 
Romani issues, support infrastructure development, and cooperate with 
municipalities and villages to improve interaction between Romani and 
non-Romani populations. The Ministry of Labor, Social Affairs, and 
Family assigned specially trained social workers to Romani settlements 
to assist with government paperwork and to advocate the importance of 
education and preventive health care. The Government Council on Human 
Rights, National Minorities, and Gender Inequality operated a Committee 
for the Prevention and Elimination of Racism, Xenophobia, Anti-
Semitism, and Other Forms of Intolerance.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--According to gay rights 
advocates, prejudice and official and societal discrimination 
persisted, although no official cases were available for citation.
    In May 2010 the first gay pride parade in Bratislava was marked by 
attacks by skinhead groups, forcing the organizers to alter the route. 
The government blamed the organizers for failing to provide adequate 
protection for the parade. A second Bratislava gay pride parade in June 
demonstrated more effective cooperation between police and organizers, 
and no major incidents were reported.
    A statement of support for the parade jointly published by several 
Bratislava-based embassies was met with substantial criticism in the 
media and from politicians. Apart from the Slovak National Party (SNS), 
known for its inflammatory remarks about minorities, members of the 
governing Christian Democratic Movement (KDH) as well as former KDH 
members criticized the parade and the public support offered by the 
embassies. SNS chairman Jan Slota stated, ``Just like other sick 
people, I view these people with a certain respect, because no one 
chooses their illness. Someone who has cancer certainly does not go 
around celebrating that fact. Neither do they march in the streets. 
These people are sick. I am not taking away their space to live. But it 
bothers me that they present it on the streets. It's a sick 
performance.''
    Organizations for lesbian, gay, bisexual, and transgender persons 
operated without impediments and lobbied for legal rights, particularly 
equal rights in nonheterosexual partnerships.

    Other Societal Violence or Discrimination.--There were no reports 
of discrimination against persons with HIV/AIDS.
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 independent 
unions of their choice except in the armed forces. The law also 
provides for unions to conduct their activities without interference, 
including the right to organize and bargain collectively, and workers 
exercised these rights in practice. The law provides unions the right 
to strike with advance notice when collective bargaining fails to reach 
an agreement or in support of other striking employees' demands 
(solidarity strike). The unions generally exercised these rights in 
practice without restrictions. The law prohibits dismissing workers 
legally participating in strikes; however, strikers were not ensured 
protection if a strike was considered illegal or unofficial. Civil 
servants in essential services and members of the military may not 
strike.

    b. Prohibition of Forced or Compulsory Labor.--he law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred. Police are responsible for 
investigating 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 provides for the protection of children from exploitation in the 
workplace; however, there were reports that Romani children in some 
settlements were exploited for commercial sex. NGOs reported that most 
Romani victims, including children with disabilities, were exploited by 
family members or other Roma.
    The minimum age for employment is 15, although younger children may 
perform light work in cultural or artistic performances, sports events, 
or advertising activities if it does not affect their health, safety, 
or schooling. The National Labor Inspectorate and Public Health Office 
must approve, determine the maximum hours, and set conditions for work 
by children younger than 15. Children younger than 16 may not work more 
than 30 hours per week; children who are 16 and 17 are limited to 37.5 
hours per week. Children under the age of 18 are not allowed to work 
underground, work overtime, or perform labor inappropriate for their 
age or health.
    District inspection units received and investigated child labor 
complaints. If a unit determined that a child labor law or regulation 
had been broken, it turned the case over to the National Labor 
Inspectorate. Enforcement was consistent across all communities.
    Child labor in the form of begging was a problem in some 
communities; there were also isolated reports of children forced into 
prostitution, often by family members.

    d. Acceptable Conditions of Work.--The minimum wage was 317 euros 
($412) per month. The minimum living standard (an estimate of the 
poverty income level) was 190 euros per month ($247).
    The law mandates a maximum workweek of 48 hours including overtime, 
with 30-minute breaks after six hours of work or after four hours for 
employees younger than 18, and rest periods of at least 12 hours 
between shifts. Employees who work under conditions that endanger their 
health and safety are entitled to ``relaxation'' leave in addition to 
standard leave. Trade unions, local employment offices, and the 
Ministry of Labor, Social Affairs, and Family monitored observance of 
these laws, and authorities effectively enforced them.
    The law establishes health and safety standards that the office of 
labor safety generally enforced. Workers have the right to refuse to 
work in situations that endanger their health and safety and may file 
complaints against employers in such situations. In August 2010, 20 
miners died in an underground methane gas explosion in Handlova. The 
leadership of the mine remained unchanged. Three teams, one from the 
district mining authority in Prievidza, the second from the Ministry of 
Economy and Construction, and the third from the police, investigated 
the explosion but did not release their findings during the year.
    Approximately 290 labor inspectors had responsibility for the 
entire country and were charged with investigating companies for 
compliance with the law. The Ministry of Labor may impose financial 
penalties on companies found to be noncompliant. If there are safety 
and security concerns at a workplace, the inspectors can require 
companies to stop using equipment that poses risks until safety 
conditions are met. During the year the law on labor inspection was 
amended to increase the rights of labor inspectors in cases where 
``serious misconduct'' is found at workplaces. In such cases labor 
inspectors can impose additional financial penalties on noncompliant 
companies.

                               __________

                                SLOVENIA

                           EXECUTIVE SUMMARY
    Slovenia is a parliamentary democracy and constitutional republic. 
Power is shared among a directly elected president (head of state), a 
prime minister (head of government), and a bicameral parliament 
composed of the National Assembly (lower house) and the National 
Council (upper house). The coalition government of Prime Minister Borut 
Pahor lost a no-confidence vote on September 20; citizens elected a new 
government on December 4 in free and fair multiparty elections. 
Security forces reported to civilian authorities.
    The most significant human rights problem was societal 
discrimination and occasional extremist harassment and violence against 
the country's Roma, which aggravated their harsh living conditions, 
limited access to education and employment opportunities, and 
heightened social exclusion. Judicial and administrative backlogs and 
inefficiency resulted in significant delays in trials and in processing 
of asylum applications. While the government made some progress in 
restoring residency to persons whose status as residents was ``erased'' 
after the break-up of the former Yugoslavia, these ``erased'' 
individuals were unable to exercise fully their rights regarding access 
to housing, health care, employment, and social security.
    Other problems reported during the year included prison 
overcrowding; government corruption; domestic violence against women 
and children; trafficking in men, women, and girls; and violence and 
discrimination against gay men and lesbians.
    The government took steps to prosecute and punish 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.
    The location and identity of the remains of several thousand 
persons executed extra judicially during 1945-47 remained an issue of 
great political sensitivity in Slovenia. During the year government 
authorities continued to discover mass graves from post-World War II 
summary killings that took place throughout the former Yugoslavia. The 
official count of graves discovered by the end of the year was 594, 
although the actual number of victims was believed to be much higher. 
Authorities had not exhumed or identified the vast majority of human 
remains at these sites. During the year the government halved the 
budget for investigating mass graves, reducing it to 876,000 euros 
(approximately $1.1 million). The country has no legal mechanism for 
survivors or descendants of victims of extrajudicial killings to seek 
redress or initiate an official inquiry.
    In March a group of historians publicly criticized the government's 
handling of mass grave exhumations; in June church officials followed 
suit with similar criticisms. In October an association of persons who 
had resisted communism held a memorial at a mass grave site and called 
for a register of sites and a list of victims.
    In late 2010 government officials stopped the exhumation of a mass 
grave near Dobova by a German contracting firm. The state prosecutor 
maintained that a war crime had been committed on the site and that 
such exhumation work could not be performed, since the site might still 
yield evidence, and perpetrators found. No further exhumation was 
undertaken.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the government permitted 
visits by independent human rights observers. As of October there were 
a total of 1,336 prisoners, 968 of whom were convicts and 304 were 
detainees. There were 67 female prisoners and 30 juveniles. Men and 
women were incarcerated in separate facilities, as were juveniles and 
adults. Compared with 2010, the average number of inmates decreased by 
3.8 percent. Prisoners had access to potable water.
    Of the 13 prisons in the country, only four had a capacity of more 
than 100 prisoners. New facilities at Dob Prison increased national 
prison capacity by 174 places. The renovated Dob Prison opened on 
October 14 and by year's end was already operating at 103.5 percent 
capacity. In August the Ministry of Health opened a forensic psychiatry 
unit in Maribor, which provided psychiatric treatment in a central 
location with expert staff.
    In 2009 Slovenia adopted a ``weekend prison'' program for convicted 
prisoners serving sentences of up to three years, who were not 
convicted of sexual offenses, and who maintained regular employment 
during the week. No abuses of the weekend prison system were reported 
during the year.
    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 to request investigation of credible allegations of 
inhumane conditions. Authorities investigated credible allegations of 
inhumane conditions and documented the results of such investigations 
in a publicly accessible manner. The government investigated and 
monitored prison and detention center conditions.
    On October 20, the European Court for Human Rights (ECHR) ruled in 
favor of five former inmates of Ljubljana prison and ordered Slovenia 
to pay 39,500 euros (approximately $51,350) to each plaintiff for poor 
prison conditions, notably severe overcrowding during 2009. The country 
appealed the ruling. On December 8, the independent human rights 
ombudsman presented a report on the implementation of the U.N. Optional 
Protocol to the Convention against Torture, expressing concerns about 
the country's overcrowded prisons. The report was based on 44 
unannounced prison visits throughout the year.
    An ombudsman serves on behalf of prisoners and detainees in matters 
such as alternatives to incarceration for nonviolent offenders; the 
status and circumstances of confinement of juvenile offenders; and 
improvements in pretrial detention, bail, and recordkeeping procedures 
to ensure that prisoners did not serve beyond the maximum sentence for 
the offense with which they were charged. The independent ombudsman 
carried out these responsibilities during the year.
    The government permitted local and international human rights 
groups, the media, and international bodies such as the International 
Committee of the Red Cross and the Council or Europe's Committee for 
the Prevention of Torture (CPT) to monitor prison conditions 
independently. No such monitoring occurred 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.--Police are under the 
direct supervision of the Ministry of Interior. The ministry oversees 
the drafting of basic guidelines, security policy, and regulations 
governing the work of the police. It monitors police performance, with 
an emphasis on protecting human rights and fundamental freedoms. The 
police provided effective law enforcement.
    The law provides for the review of allegations of police abuse 
either by the head of the organizational unit of the police or by the 
Senate of the Ministry of Interior. The Senate does not have authority 
to conduct independent investigations and relies on information 
provided by the Ministry of Interior or police investigators. The 
Senate committee usually forwarded its findings to the State 
Prosecutor's Office as well as provided reports to the police and the 
complainant.
    There were no reports of impunity involving security forces during 
the year.
    As of September the police internal investigation division had 
investigated 35 allegations of police, prosecutorial, and judicial 
misconduct during the year. There were no arrests or trials by year's 
end.
    It is unconstitutional to collect data on the ethnic or national 
background of citizens. The police reported that during the year they 
held 12 two-day training sessions for 217 police officers and civilians 
to sensitize them to issues relevant to working in a multicultural 
environment. Representatives of the Roma community participated in the 
training, which served to establish dialog between police and 
individual Roma. The police trained several officers in the Romani 
language and prepared a Slovenian-Romani dictionary. During the year 
police handled several successful mediations in disputes in the Roma 
community and between Roma and the majority population.

    Arrest Procedures and Treatment While in Detention.--Police 
generally apprehended those taken into custody with warrants issued by 
either a prosecutor or judge. Authorities may detain suspects for 48 
hours before charging them. Authorities are required to inform the 
suspect verbally of his rights immediately after arrest. Authorities 
must also advise detainees in writing within six hours (within three 
hours for minor offenses) of the reasons for their arrest. Upon arrest, 
detainees have the right to contact legal counsel of their choice, and 
authorities generally respected this right in practice. The government 
provided indigent detainees with free counsel and generally allowed 
detainees prompt access to family members. The law also provides 
safeguards against self-incrimination.
    Once authorities charge a suspect, pretrial detention may last for 
up to four months, depending on the severity of the alleged crime. An 
investigative judge must certify the charges. After the commencement of 
trial procedures, authorities may extend the total detention period for 
up to two years. Authorities must release persons detained more than 
two years while awaiting trial or pending conclusion of their trial. 
Lengthy pretrial detention was not a widespread problem, and 
authorities generally released defendants on bail except in the most 
serious criminal cases.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice. The law provides the right to a 
trial without undue delay; however, court backlogs at times resulted in 
lengthy trial delays. As of June there was a backlog of 266,221 cases. 
The ``Lukenda'' project, started by the government in 2005 to eliminate 
the judicial backlog, continued to boost the efficiency of the 
judiciary, reducing court backlogs and lowering the average processing 
time from 14.1 months to 6.1 months. The government extended the 
Lukenda project until 2012.

    Trial Procedures.--The constitution and law provide for the right 
to a public fair trial, and an independent judiciary generally enforced 
this right. Defendants enjoy the right to a presumption of innocence; a 
trial by jury; to consult with an attorney; to confront prosecution 
witnesses and present their own witnesses and evidence; access 
government-held evidence; and appeal. While indigent defendants have 
the right to an attorney provided at public expense, the government had 
not established a formal system to provide legal counsel to the 
indigent. However, free counsel was available to indigents from the 
nongovernmental organization (NGO) PIC (Legal Information Center) and 
the government-sponsored Free Legal Aid.
    The judicial system was overburdened and lacked administrative 
support, resulting in frequent delays in the judicial process. In many 
instances criminal trials took from two to five years.

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

    Regional Human Rights Courts Decisions.--Slovenia is subject to the 
European Court of Human Rights (ECHR). During the year the ECHR found 
11 violations by the country of the European Convention on Human 
Rights, with seven of these deemed eligible for ``effective remedy. 
Slovenia complied with ECHR decisions.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent and impartial judiciary in civil matters, 
including damages for, or cessation of, human rights. As with criminal 
matters, court backlogs sometimes resulted in lengthy or delayed 
trials. Individuals may appeal court decisions involving alleged human 
right violations by the state to the ECHR once all avenues for appeal 
in domestic courts were exhausted.
    During the year the Ministry of Justice stated that of the 33 
property restitution cases arising from World War II, 29 of the 
registered cases essentially were resolved. Three remaining cases, two 
involving claims by U.S. citizens, have not made significant progress.

    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. It 
is unconstitutional for the government to collect data from citizens 
regarding ethnicity, race, or religious denomination.
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 
press, and the government generally respected these rights in practice. 
Reports of indirect government influence on the media continued during 
the year.

    Freedom of Speech.--Individuals could criticize the government 
publicly or privately without reprisal, and the government did not 
attempt to impede criticism. However, the law prohibits hate speech, 
specifically incitement to intolerance or violence. The penalty for 
hate speech is two years' imprisonment. Although police statistics on 
the incidence of hate speech did not show a significant increase, NGOs 
and government officials maintained there had been a general increase 
in intolerance, particularly anti-Semitic and homophobic hate speech.

    Freedom of Press.--Media outlets were subject to the same laws that 
prohibit hate speech as well as to laws prohibiting defamation and 
libel. The independent media were active and generally expressed a 
variety of views without restriction. The international media operated 
freely.
    The Annual Report on the Freedom of the Press by the Association of 
Journalists and Commentators noted that the government exerted 
increasing pressure on the media and highlighted criminal prosecutions 
of journalists conducted by the State Prosecutor's Office at the 
request of state and municipal officials. Examples included the police 
investigation in late 2010-early 2011of Silvester Surla, editor in 
chief of Reporter magazine, who criticized Ljubljana mayor Zoran 
Jankovic's political involvement in business activities and the 
indictment of journalist Borut Tavcar for satirical statements 
concerning the involvement of the city administration with the holdings 
of public companies owned by the municipality of Ljubljana.

    Violence and Harassment.--In its December 1 edition, the South East 
Europe Media Organization reported death threats received by two 
Slovenian journalists. Blaz Zgaga and Matej Surc received numerous 
anonymous threats for their reporting on the Patria trial..

    Censorship or Content Restrictions.--The media practiced some self-
censorship in reporting the discovery of mass graves of suspected Nazi 
collaborators killed at the end of World War II. Almost no domestic 
media outlet covered the new mass graves found during the year or 
discussed the identity of the persons responsible for the killings.

    Libel Laws/National Security.--The law provides criminal penalties 
for defamation that harms a person's honor or name; there were a few 
reports of prosecutions for defamation during the year.
    On December 13, a Ljubljana district court ordered a Finnish 
broadcast journalist to pay former prime minister Janez Jansa 15,000 
euros ($19,500) in connection with the journalist's 2008 allegation 
that Jansa and other Slovenian officials had taken bribes in exchange 
for awarding a major contract to the Finnish defense company Patria 
(see section 4). The court also ordered the journalist and the Finnish 
broadcast company YLE to retract the allegation on Slovenian and 
Finnish national television.

    Actions to Expand Press Freedom.--The government operated a ``media 
pluralization'' fund intended to ensure that media reflected a 
diversity of viewpoints. The Commission for Pluralization of Media 
(under the Ministry of Culture) published tenders for cofinancing 
various media projects through the Fund for Pluralization.

    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. The independent organization 
Helpline Spletno Oko (Web Eye) monitored the presence of hate speech 
and child pornography on the Internet and received on average 62 
reports and tips per month.

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

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

    c. Freedom of Religion.--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; 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.

    Protection of Refugees.--Access to Asylum.--The law provides for 
the granting of asylum or refugee status, and the government 
established a system for providing protection to refugees. There was no 
significant increase in the number of asylum seekers during the year.
    Border police who apprehend persons seeking asylum are required to 
process applications, inform applicants they may seek the assistance of 
the asylum home (a residential facility where asylum seekers live while 
awaiting status decisions), and direct the individuals there.
    The law permits asylum seekers to change their asylum applications 
if there are considerable changes in their circumstances. The law also 
provides asylum seekers with the right to appeal decisions on their 
applications, but authorities did not inform many asylum seekers of 
this right.
    As a precautionary measure aimed at eliminating lengthy paperwork 
in cases where applicants eventually choose not to pursue asylum 
claims, asylum seekers must sign a prospective ``renunciation 
statement'' during the 24 hours when they are in the ``pre-reception'' 
area of the asylum center awaiting the filing of their asylum 
application. This document allows officials to close cases only when 
applicants abandon their asylum claims.
    If asylum seekers leave the reception area of the asylum center 
premises before filing asylum applications, they are no longer 
considered asylum seekers and can be deported or detained in the aliens 
center, a separate facility outside Ljubljana. After an asylum 
application is filed, asylum seekers are free to leave but are expected 
to return to the asylum home each evening. An absence of more than 
three days is considered a withdrawal of an asylum claim, with 
authorities regarding the asylum seeker as having left the country. If 
the claimant returns to the asylum home after the three-day period, the 
individual's status changes to that of a nonresident alien, subject to 
deportation.
    There are no policies or laws that deny asylum based on country of 
origin.

    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 on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion.

    Stateless Persons.--Citizenship is derived from parents, with 
certain limitations when the child is born outside Slovenian territory. 
Naturalization is also possible.
    The Ministry of Interior estimated that 25,671 persons were 
deprived of residency status by a 1992 administrative ``erasure'' of 
Yugoslav citizens in Slovenia who had residency status in another 
Yugoslav republic. The government annulled and destroyed the identity 
documents of the ``erased,'' leaving them without residency and without 
rights to education, health care, housing, work permits, or pensions. 
There was no right of appeal.
    Of these ``erased'' persons, 10,943 subsequently adjusted their 
status while 13,426 have not (1,302 others died). There was no official 
data available on the 13,426 persons who had not adjusted their status, 
a few dozen of whom lived in Slovenia and filed applications for 
permanent residence. NGOs, the independent ombudsman for human rights, 
and the Ministry of Interior believed that the majority of the 
remainder lived abroad in Bosnia, Serbia, Italy, and Germany.
    Since 2009 a legal framework (the Legal Status Act) has existed for 
retroactively recognizing the residency status of ``erased'' persons in 
Slovenia. However, legal experts and NGOs objected to the act because 
of the significant administrative costs and effort involved in applying 
for reinstatement and because the burden of proof was entirely on the 
erased individual, who usually lacked basic documentation.
    In October 2010 the ECHR accepted a request for referral from the 
government to hear its objections to the 2010 ECHR ruling against 
Slovenia in Kuric v. Slovenia, which found the country had violated its 
obligations under the European Convention on Human Rights by erasing 
the residency status of the plaintiff. On July 5, representatives of 
``erased'' persons testified at a public hearing before the ECHR that 
Slovenia's measures to undo the injustice of the 1992 erasure were 
insufficient and that the ``erased'' were entitled to damages.
    On July 28, a government task force on the implementation of 
relevant legislation reported to parliament that the ``erased'' were 
still unable to exercise their rights in the areas of housing, health 
care, integration in the labor market, and social security according to 
the existing legislation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections based on universal 
suffrage.

    Elections and Political Participation.--Recent Elections.--On 
December 4, the country held early parliamentary elections that were 
considered generally free and fair.

    Participation of Women and Minorities.--There were 28 women in the 
90-seat National Assembly and one woman in the 40-seat National 
Council.
    There were two members of minority groups in the National Assembly 
but none in the National Council or cabinet. The constitution provides 
the indigenous Italian and Hungarian minorities the communal right to 
have at least one representative in the National Assembly. However, the 
law does not provide such rights to any other minority group.
    Twenty distinct Romani communities, each designated indigenous at 
the local level, are entitled to a seat on their local municipal 
council. After four years of noncompliance, Grosuplje became the last 
municipality in the country to comply with the law, electing a Roma 
representative to the city council during the year. It also established 
a Roma Commission in September.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively; however, 
officials sometimes engaged in corrupt practices.
    The public perceived corruption to be a widespread problem. Only 
the highest-level government officials--approximately 5,000 of the 
country's 80,000 public employees--were subject to financial disclosure 
laws. As of October 28, the Independent Commission for the Prevention 
of Corruption received 1,026 reports of suspected corruption, compared 
with 1,033 for the same period in 2010.
    At year's end five officials, including former prime minister Janez 
Jansa, remained on trial for bribery and accepting bribes in connection 
with a 2006 Ministry of Defense contract to purchase armored vehicles 
from the Finnish defense company Patria for 278 million euro ($361.4 
million).
    On August 10, Minister of Interior Katarina Kresal, denying any 
wrongdoing, resigned after the Court of Audit and the Anticorruption 
Commission declared that her conduct in obtaining building leases for 
her National Bureau of Investigation was improper and corrupt.
    The anticorruption commission played an active role in educating 
the public and civil servants about corruption; however, it claimed to 
have had neither an adequate staff nor sufficient funds to fulfill its 
mandate and assess all cases of suspected corruption it received. In 
contrast to previous years, the commission did not refer any reports of 
police or other corruption to prosecutors for further investigation 
during the year.
    The law provides free public access to all government information; 
in practice the government provided such access to both citizens and 
noncitizens, including foreign media. The government may deny public 
access only to classified information, personal data protected by 
privacy laws, and other narrowly defined exceptions.
    The Office of the Government Information Commissioner reported that 
the number of complaints related to the nonresponsiveness of state 
institutions increased. During the year the office received 549 
complaints against decisions of state institutions and 308 complaints 
under the Law on Access to Public Information.
    The NGO Integriteta in partnership with Transparency International 
completed a report on the responsiveness of state institutions. It 
found that law enforcement agencies (National Bureau of Investigation 
and police), the National Assembly, the Court of Auditors, and the 
State Electoral Commission provided the fastest and most comprehensive 
responses. Integriteta reported that the office of the independent 
ombudsman, Commission for the Prevention of Corruption, and Supreme 
Court provided less satisfactory and slower (or no) responses.
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 constitution provides for an 
independent human rights ombudsman to monitor violations of human 
rights, especially when perpetrated by persons in positions of public 
authority. The independent ombudsman prepares an annual report on the 
human rights situation and provides the government with 
recommendations. Individuals may file complaints with the independent 
ombudsman in hopes of securing nonjudicial relief in the case of a 
human rights violation. In September the independent ombudsman 
presented her comprehensive 400-page report for the year to parliament 
in which she stressed the country needed a national institution for 
preventing, researching, and dealing with human rights abuses. Neither 
the prime minister nor the president offered any substantive comments 
in response.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, and the government 
generally enforced these prohibitions effectively.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
and domestic violence are illegal. During the year SOS Helpline, an NGO 
that provided anonymous emergency counseling and services to domestic 
violence victims, estimated that one in seven women was raped during 
her lifetime but that only 5 percent sought assistance or counseling. 
In particular, victims rarely reported spousal rape to authorities. 
Police actively investigated reports of rape and prosecuted offenders. 
The penalty for rape was one to 10 years in prison. There were 33 
reported rapes in the first half of the year; 25 reported acts of 
sexual violence; six criminal acts of sexual abuse of the weak; and 99 
sexual attacks on minors under the age of 15.
    Violence against women, including spousal abuse, occurred and was 
generally underreported. In the first half of the year, the police 
processed 1,556 cases of criminal acts against a spouse, a family 
member, and children (165 cases of kidnapping of minors, 1,039 cases of 
domestic violence, and 352 cases of parental negligence and child 
abuse). Police reported an increase in domestic violence, parental 
negligence, and child abuse, mainly due to changes in the law and 
greater expertise on the part of responsible institutions. The law 
provides for penalties of up to 10 years' imprisonment in the case of 
aggravated and grievous bodily harm.
    SOS Helpline estimated that 25 percent of women had been victims of 
domestic violence. The NGOs SOS Helpline and Kljuc provided support 
hotlines, and SOS Helpline reported 2,389 calls during the year. The 
government fully funded eight crisis centers for mothers with children 
and adolescents (with 68 beds), one of these specializing in children 
six years of age or younger. The government also partially funded 29 
shelters, safe houses, and maternity homes that offered 408 beds. 
Shelters, safe houses, and crisis centers specifically for women and 
children provided 271 beds in 19 locations, and maternity homes 
provided 139 beds in 10 locations. The government worked with NGOs on 
domestic violence cases, providing shelters and social work centers. 
When police received reports of spousal abuse or violence, they 
generally intervened and prosecuted offenders. The police academy 
offered training on domestic violence.

    Sexual Harassment.--The law prohibits sexual harassment in the 
workplace (deemed a criminal offense) and in all areas of life 
(prohibited as discrimination); however, it remained a widespread 
problem. During the first nine months of the year, 56 criminal acts of 
sexual harassment were reported.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children. They also have the information and means to do so free from 
discrimination, coercion, and violence. There was free access to 
contraception and to skilled attendance during childbirth, including 
essential obstetric and postpartum care. According to estimates by 
international organizations for 2008, the maternal mortality rate was 
18 deaths per 100,000 live births. Women and men were equally diagnosed 
and treated for sexually transmitted infections.

    Discrimination.--The law provides for equal rights for women, and 
there is no official discrimination against women in family law, 
property law, or the judicial system. The Office of Equal Opportunities 
protected the legal rights of women. While the average length of 
unemployment was the same for men and women, women frequently held 
lower-paying jobs. Women's earnings averaged 96.5 percent of those of 
men.

    Children.--Birth Registration.--Citizenship is derived from the 
parents with certain limitations. A child is granted Slovenian 
citizenship at birth provided that at the time the child's mother and 
father were Slovenian citizens; one of the child's parents was a 
Slovenian citizen and the child was born on the territory of the 
country; or one of the child's parents was a Slovenian citizen while 
the other parent was unknown and/or of unknown citizenship, and the 
child was born in a foreign country. Naturalization is also possible. 
There were no reports of problems with immediate birth registration.

    Education.--While education for children is compulsory through 
grade nine, school attendance and completion rates by Romani children 
remained low. Poverty, discrimination, lack of parental and familial 
permission or support, and language differences continued to be the 
main barriers to the participation of Romani children in education 
programs. Official literacy rates were not available, but social 
services officials suggested unofficially that Roma literacy was 
approximately 15 percent. Amnesty International reported that in some 
representative communities 13 of 22 children failed to advance from 
first to second grade. In Novo Mesto the Development Education Center 
offered classes to approximately 100 Romani adults who had not finished 
primary school, linking their attendance to their receipt of social 
welfare benefits.
    Segregated classrooms were illegal, but a number of Roma reported 
to NGOs that their children attended segregated classes and that school 
authorities selected them disproportionately to attend classes for 
students with special needs. A few communities offered additional 
educational training for students with special needs, creating separate 
groups to help students experiencing scholastic difficulties, with the 
goal of eventually returning them to the mainstream. Educators admitted 
that most of these separated groups consisted almost entirely of Romani 
students and sometimes criticized this model for continuing de facto 
segregation. The European Social Fund, working in conjunction with the 
Ministry of Education, continued funding 26 Romani educators to work 
with teachers and parents. According to the ministry, these educators 
had a positive impact in helping Romani children to stay in school.

    Child Marriage.--Child marriage occurred within the Romani 
community, but it was not a widespread problem.

    Sexual Exploitation of Children.--The law penalizes the possession, 
sale, purchase, or propagation of child pornography. The law 
criminalizes statutory rape with a sentence of six months to five years 
and sets the minimum age of consent for sexual relations at 15. If the 
victim is determined to be especially vulnerable, the sentence is set 
at a minimum of three years with no maximum. If the perpetrator is a 
teacher, the penalty is from one to eight years in prison. The law 
provides children special protection from exploitation and 
mistreatment, and the government generally enforced the law in 
practice.
    During the year 99 criminal acts of sexual abuse of a child under 
the age of 15 were reported to authorities. Trafficking in children, 
mainly teenage girls transiting the country, was a problem.

    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 300 Jews in the country. 
Jewish community representatives reported some prejudice, ignorance, 
and false stereotypes of Jews propagated within society, largely 
through public discourse. There were no reports of anti-Semitic 
violence or overt discrimination, but there were reports of increased 
anti-Semitic speech, particularly on the Internet.
    The government promoted antibias and tolerance education in the 
primary and secondary schools, and the Holocaust is a mandatory topic 
in the contemporary history curriculum. In March the historic synagogue 
in Maribor was reopened as the Center of Jewish Cultural Heritage.

    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 government services, and the government generally 
enforced these provisions in practice. The law mandates access to 
buildings for persons with disabilities. The government implemented 
laws and programs to ensure that persons with disabilities had access 
to buildings, information, and communications, but modification of 
public and private structures to improve access continued at a slow 
pace, and many buildings were not accessible in practice. The Ministry 
of Labor, Family, and Social Affairs has primary responsibility for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The law provides special rights 
and protections to indigenous Italian and Hungarian minorities, 
including the right to use their own national symbols and access to 
bilingual education. Each of these minorities has the right to 
representation as a community in parliament. Other minorities do not 
have comparable special rights and protections.
    The government considered ethnic Serbs, Croats, Bosnians, Kosovo 
Albanians, and Roma from Kosovo and Albania to be ``new'' minorities, 
and the special constitutional provisions for indigenous minorities did 
not apply to them. The new minorities faced varying degrees of 
governmental and societal discrimination with respect to employment, 
housing, and education.
    According to press reports, police opened an investigation in July 
into the appearance of posters with the slogan ``Gypsies Raus'' 
(Gypsies Get Out) and neo-Nazi signs in the town of Lendava. Police 
arrested three young men for the crime. The Speaker of the National 
Assembly Pavel Gantar, Minister for Slovenians Abroad Bostjan Zeks, 
Human Rights Commissioner Zdenka Cebasek Travnik, and the head of the 
Slovenian Roma Association Jozko Horvat Muc condemned the incident.
    Many Roma lived apart from other communities in settlements that 
lacked such basic utilities as electricity, running water, sanitation, 
and access to transportation. According to Roma Association officials, 
68 percent of Romani settlements were illegal. Organizations monitoring 
conditions in the Romani community noted that the exclusion of Roma 
from the housing market remained a problem. The U.N. special rapporteur 
for human rights declared in August that Slovenia had failed to fulfill 
the basic human rights of its minority population, specifically failing 
to provide adequate water and housing to Roma.
    Official statistics on Roma unemployment and illiteracy were not 
available. However, organizations monitoring conditions in the Romani 
community and officials employed in schools with large Romani student 
populations unofficially reported that unemployment among Roma remained 
at approximately 98 percent and that illiteracy rates among Roma 
remained approximately 85 percent. Government officials emphasized that 
illegality of settlements remained the biggest obstacle to implementing 
the rights of Roma to adequate housing, water, and sanitation. The 
independent ombudsman recommended to the government that it act on an 
emergency basis to legalize Romani settlements.
    The government continued the second year of a five-year national 
action plan of measures to improve educational opportunities, 
employment, and housing for the Roma. NGOs and community group 
representatives reported some prejudice, ignorance, and false 
stereotypes of Roma propagated within society, largely through public 
discourse.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination based on sexual orientation; however, societal 
discrimination was widespread, and cases of violence against lesbian, 
gay, bisexual and transgender (LGBT) persons occurred. The Ministry of 
Interior confirmed that hate crimes had generally increased compared 
with 2010.
    The NGOs Society for the Integration of Homosexuals (DiH) and 
Legebitra reported that the police did not indicate whether violent 
crimes were specifically directed at LGBT individuals. No official 
statistics on crimes based on gender identity or crime data categorized 
by specific targets were available by year's end. During the year 
police recorded 24 incidents of inciting hatred or violence and 
reported 27 cases of inciting intolerance, two of which involved 
physical attacks. Legebitra reported that 92 percent of cases of 
homophobic hate speech or violence were not reported to police and that 
during the past year the rate of calls for personal counseling (to 
address discrimination and harassment of LGBT individuals) had 
increased 150 percent.
    In April, May, and June, during events surrounding the annual pride 
parade and the Family Law debate, some attacks occurred, including an 
assault on an Italian visitor and the serious beating of a British 
visitor, both of which police characterized as hate crimes. A few days 
before the pride parade, the Green Dragons, a soccer fan club, 
displayed a banner during a match calling for a ban on the pride parade 
and support of the Family Law. Cafe Open, with clientele primarily of 
gay men and lesbians and the headquarters of the pride parade, had its 
windows smashed on the night before the parade. On June 4, the annual 
gay pride parade in Ljubljana took place with the support of local 
government officials; however, there were reports that bystanders 
shouted homophobic slurs at participants, and antigay graffiti and 
stickers were seen in various locations around the city. Organizers 
reported satisfactory police presence during the parade.
    On July 14, the NGO Skuc called for action in the case of two gay 
asylum seekers from Kosovo, Kadri Shala and Demir Kruezi, who had been 
subject to attacks in their home country. During their stay at the 
asylum center in Ljubljana, Skuc reported, residents and employees of 
the center had abused them both.
    In 2010 three individuals were convicted and sentenced to 18 months 
in prison for assaulting an individual during the 2009 gay pride 
parade. However, on August 2, the court commuted the sentences of all 
three assailants, based on their lack of prior criminal record, age 
(less than 21), and apology to the victim.
    On June 16, parliament passed the Family Law, allowing for adoption 
of children by gay or lesbian couples if one of the partners was a 
biological parent, entitling same-sex couples in civil partnerships the 
same rights as married couples, and changing the definition of a family 
to include two persons and a child. On July 19, the Ministry for Labor, 
Family, and Social Affairs approved the country's first case of a child 
adoption by the lesbian partner of the child's biological mother. In 
late August the lobbying group Civil Initiative for the Family and the 
Rights of Children began collecting signatures for a referendum to 
overturn the Family Law, but an opposing lobby, The Initiative for All 
Children, for All Families, for Free Choice, and for Equal Rights filed 
a motion for a Constitutional Court review to block the referendum. The 
Constitutional Court decided in December in a 5-4 ruling to allow the 
referendum, scheduled for March 2012.

    Other Societal Violence or Discrimination.--There were some reports 
of violence and discrimination against persons with HIV/AIDS. The NGOs 
DiH and Legebitra reported, among other cases, the situation of one 
individual whose job offer was rescinded when the prospective employer 
learned the applicant was HIV-positive, even though a panel of three 
physicians who knew of his HIV status approved the hiring.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows all workers, including police and military personnel, to 
form and join labor organizations of their choice without previous 
authorization or excessive requirements. The law provides for the right 
to strike without government interference and prohibits retaliation 
against strikers, and workers exercised this right in practice. 
However, the law also restricts the right of some public sector 
employees to strike, primarily the police and members of the military 
services, but provides for arbitration to ensure due process and 
protection of these workers' rights.
    According to the law, unions and workers may conduct their 
activities without interference and bargain collectively. While 
collective bargaining was freely practiced, the law requires that 10 
percent of the workers in an industry sector be union members before 
collective bargaining could be applied to the sector as a whole. Both 
general collective bargaining agreements and collective bargaining 
agreements focusing on a specific business segment covered all workers.
    There were few reports of antiunion discrimination.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor. However, 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.--
There are laws to protect children from exploitation in the workplace, 
which the government effectively enforced.
    The minimum age for employment is 15; however, younger rural 
children often worked during the harvest season and performed farm 
chores. The law limits working hours and sets occupational health and 
safety standards for children, which the government effectively 
enforced in practice. Urban employers generally respected the age 
limits.

    d. Acceptable Conditions of Work.--The national monthly gross 
minimum wage was approximately 748 euros ($972). The official poverty 
line is set at 587 euros ($763) per month for a family of four.
    The law limits the workweek to 40 hours and provides for minimum 
annual leave of 20 days and a mandatory rest period of at least one day 
per week. Collective agreements regulated premium pay for overtime but 
were not standardized. The law limits maximum overtime to eight hours 
per week, 20 hours per month, and 170 hours per year. The Ministry of 
Labor, Family, and Social Affairs is responsible for monitoring labor 
practices and has inspection authority; police are responsible for 
investigating violations of the law. Authorities enforced the laws 
effectively, except in some cases involving migrant workers.
    According to a complaint filed by the Association of Free Trade 
Unions of Slovenia (AFTUS) with the International Labor Organization 
(ILO) Committee of Experts, migrant workers were often orally 
instructed to perform forced and excessive overtime in violation of 
labor law provisions limiting overtime and specifying formal methods to 
request it. AFTUS also noted that foreign nationals in the country on 
employment permits were more vulnerable to exploitation in terms of 
overtime, wages, rest periods, and annual leave by virtue of being tied 
to the employer who provided the permit.
    Migrants from Bosnia and Herzegovina, Serbia, and Montenegro 
working in construction were the most vulnerable group of workers. 
According to a 2010 ILO report, inspectors found numerous violations of 
the law with respect to migrant workers, especially in the construction 
industry, which employed approximately 50 percent of such workers. 
Violations included the practice of employers illegally trading foreign 
workers who were in the country based on employment permits. The ILO 
and AFTUS also raised concerns that some migrant workers, especially 
seasonal laborers, lived in substandard housing, segregated from the 
national population, and lacking minimum standards in violation of the 
law.
    The law requires employers to provide social security payments for 
all workers. The Legal Aid Society reported that employers of migrant 
workers usually did not deduct social security from paychecks, leaving 
unknowing workers without a future pension or access to social 
services.
    During the year the Labor Inspectorate reported finding 6,456 
violations in 9,908 inspections, mostly in the construction (1,673), 
hospitality (1,058), and retail (937) sectors. The most frequent 
violation was nonpayment of wages. Special commissions under the 
Ministry of Health and the Ministry of Labor, Family and Social Affairs 
set standards for occupational health and safety for all workers. The 
ministry's Inspector General Department conducted more than 11,379 
inspections in the first eight months of the year and took enforcement 
actions, including fining and prosecuting offenders, based on its 
findings. Information on the number of labor inspectors and on work-
related deaths and accidents was not available at year's end.
    On May 27 and June 4, the Invisible Workers of the World staged a 
demonstration for the rights of migrant workers because of what they 
dubbed Slovenia's unwillingness to take responsibility for their 
catastrophic situation.
    On September 6, the Employment Service finalized a social security 
agreement with Bosnia-Herzegovina, making Bosnians in Slovenia and vice 
versa eligible for unemployment benefits in the country where they were 
laid off.

                               __________

                                 SPAIN

                           EXECUTIVE SUMMARY
    The Kingdom of Spain is a parliamentary democracy headed by a 
constitutional monarch. The country has a bicameral parliament, the 
General Courts or National Assembly, consisting of the Congress of 
Deputies (lower house) and the Senate (upper house). The head of the 
largest political party or coalition usually was named to head the 
government as president of the Council of Ministers, the equivalent of 
prime minister. National elections held on November 20 were considered 
free and fair. Security forces reported to civilian authorities.
    The most significant human rights problems during the year included 
limited access to asylum for undocumented migrants and credible reports 
that security forces were given arrest quotas for immigrants and used 
ethnic and racial profiling to achieve this goal. Gender-based violence 
against women and girls was also a problem.
    Other problems included some reports that security forces abused 
suspects and used excessive force against demonstrators and prison 
overcrowding. Authorities at times delayed access by persons under 
arrest to legal assistance or to arraignment before a judge. 
Identification controls by security forces based on ethnic and racial 
classifications took place. Government corruption occurred, 
particularly at the provincial and municipal levels. Trafficking in 
persons and social discrimination against Muslims and other minorities 
were reported. Jewish groups reported isolated acts of vandalism and 
anti-Semitism.
    The government generally took steps to prosecute officials, both in 
the security services and elsewhere in the government, who committed 
abuses. There were no reports 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.
    As of September, authorities arrested 20 Basque Fatherland and 
Liberty ETA members as well as five persons allegedly involved in ETA's 
street violence campaign. In addition 26 members were arrested in 
France and one in another country. The Office of the General Prosecutor 
reported that during 2010 there were 54 trials of persons directly or 
indirectly related to ETA.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and laws prohibit such practices, and the 
government generally respected this prohibition. There were reports of 
police mistreatment, although some of them were dismissed by the 
courts.
    The Coordinator for the Prevention of Torture (a group of Spanish 
human rights nongovernmental organizations [NGOs], universities, and 
bar associations) reported that in 2010 there were 251 reports of 
torture or mistreatment involving 552 complaints, down from 624 
complaints in 2009. According to the group, 85 of the complaints 
involved cases against local police authorities, 79 against the 
national Civil Guard, 222 against the national police authorities, 52 
against the Catalan regional police, 17 against the Basque police, and 
the remainder against prison staff. The regions with the highest number 
of complaints were Madrid (138), the Basque Country (132), Andalucia 
(68), Catalonia (67), and Valencia (43). The Catalan Department of 
Interior reported that only seven complaints of abuse or mistreatment 
were filed against Catalan regional police in 2010.
    On October 13, a group of 56 protestors from the May 15 movement 
presented a lawsuit against Catalonia's minister of interior and other 
security officials for using force to break up a demonstration in 
Barcelona on May 27. Videos and photographs of the incident showed 
several police hitting male and female protestors with batons while 
they were sitting on the ground with their hands raised in the air. 
Lawyers for the protestors filed a complaint that the police 
``gravely'' violated the protestors' fundamental rights. The operation 
resulted in 121 injuries, including 37 of police. In a report to the 
Catalan parliament on July 10, the regional ombudsman cited the police 
for using excessive force in attempting to disband the protestors. The 
ombudsman received 391 complaints against the police for their actions 
during the demonstrations. The report also faulted regional and city 
police for their failure to protect lawmakers from demonstrators who 
blocked the entrances to the Catalan parliament on June 15. In light of 
those events, the ombudsman proposed to create ``mediation groups'' to 
better equip the police to respond to protests without resorting to 
violence. The police maintained that their actions were a 
``proportionate and adequate'' response, as some of the protestors had 
provoked the conflict.
    Amnesty International (AI) also reported excessive use of force by 
police against demonstrators on August 4-5 in front of the Ministry of 
the Interior in Madrid and on August 17-18 in the Puerta del Sol 
Square, also in Madrid.
    The AI annual report for 2011 criticized Spain for failing to 
investigate complaints of torture and mistreatment and for the 
preventive detention of foreigners. AI also criticized that authorities 
could hold suspects incommunicado for up 13 days if they are suspected 
of terrorist activities. The AI report stated that the number of police 
checks of immigrants based on racial consideration continued to grow.

    Prison and Detention Center Conditions.--As of August, a total of 
71,955 inmates were in prison. Overall, the Spanish prison system 
contained 44,669 cells, of which 1,120 housed three or more inmates. 
There were 67 prisons in the country. Approximately 8.7 percent of the 
prison population was female, the majority of whom were serving 
sentences for drug trafficking. There were 5,526 juveniles imprisoned 
during 2010, and an additional 10,527 were on probation. Prisoners had 
access to potable water, food, entertainment, sports facilities, and 
libraries. Prisoners and detainees had reasonable access to visitors 
and were permitted religious observance.
    According to the 2010 report by the Coordinator for the Prevention 
of Torture, there were 552 complaints against security forces and jail 
functionaries for abuse of authority, 72 less than in 2009. The report 
indicated that in 2010 a total of five persons died while in police 
custody, 46 died in jail, and one minor died while in a detention 
center for youth.
    On March 25, the Council of Europe's Committee for the Prevention 
of Torture (CPT) released a report on its 2007 visit to Spain. At the 
time of the visit, 57,042 persons were incarcerated in Spain (excluding 
Catalonia) in prisons with an official total capacity of 39,893, 
creating an overall occupancy level of 143 percent. In Catalonia, where 
the regional government has jurisdiction of the penal system, the 
prison population was 9,363 in facilities with an official capacity of 
6,600. The report noted that conditions of detention in National Police 
stations visited by the CPT varied considerably. While conditions were 
generally acceptable in many stations, cells in some stations lacked 
access to natural light and had poor artificial lighting and 
ventilation. At the Ville de Vallecas police station in Madrid, 
detainees were not provided mattresses at night. The CPT found 
conditions at the Puente de Vallecas police station in the Madrid area 
``totally unacceptable'' due to an array of problems including 
``woefully inadequate'' ventilation. Material conditions at Civil Guard 
establishments were generally satisfactory, although a number lacked 
access to natural light, had poor ventilation, and had small cells. 
Lack of access to natural light and ventilation were also observed at 
Mossos d'Esquadra detention facilities.
    Authorities permitted prisoners and detainees to submit complaints 
to judicial authorities without censorship and request investigation of 
credible allegations of inhumane conditions. Authorities investigated 
credible allegations of inhumane conditions and documented the results 
of such investigations in a publicly accessible manner. The government 
generally investigated and monitored prison and detention center 
conditions.
    Prisoners can file complaints regarding mistreatment with the 
national ombudsman, who investigates complaints but does not have 
authority to take corrective measures directly.
    In July the Spanish Ombudsman, in its role of National Mechanism 
for the Prevention of Torture, issued a report recommending the closing 
of the detention centers for illegal foreign migrants at Algeciras and 
Malaga because they did not meet minimum conditions. Another 
recommendation was to fully investigate any reports of torture or 
mistreatment. The ombudsman requested that authorities discontinue the 
practice of holding juveniles incommunicado and allow detainees to have 
private meetings with the lawyers they have been assigned. The report 
also requested video surveillance and video recording devices in all 
detention centers ``to prevent improper behavior.'' The ombudsman made 
more than 300 unannounced visits to police and Civil Guard detention 
centers, jails, centers for minors, and ``foreigners' internment 
centers'' used to hold undocumented migrants.
    In February, the secretary general for penitentiary institutions 
announced that the government was scheduled to open 19 centers (jails, 
social insertions centers, and units for mothers) before the end of 
2012.
    The government generally permitted monitoring by independent 
nongovernmental observers, including the Coordinator for the Prevention 
of Torture and the CPT, in accordance with their standard modalities. 
On May 31, the CPT conducted a two-week periodic visit to Spain. As of 
year's end, the report on the CPT visit had not been publicly released.

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

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the armed forces and Civil Guard, and 
the government generally has effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the security forces during the year. Police forces include 
the national police and the Civil Guard, both under the authority of 
the central government, as well as municipal police and police forces 
under the authority of the Catalan and the Basque Country regional 
governments. All police forces operated effectively, with isolated 
reports of corruption.

    Arrest Procedures and Treatment While in Detention.--The law 
provides that police may apprehend suspects for probable cause or with 
a warrant based on sufficient evidence as determined by a judge. With 
certain exceptions, police may not hold a suspect for more than 72 
hours without a hearing.
    Detainees generally were promptly informed of the charges against 
them, and the courts released defendants on bail unless they believed 
the defendants might flee or be a threat to public safety. The law 
provides detainees the right to consult a lawyer. There were often 
lengthy delays, however, between the time a detained person first 
requested a lawyer and the time the lawyer arrived at the place of 
detention. In its March 25 report using 2007 information, the CPT noted 
that the detained persons it interviewed were only allowed to meet in 
private with a lawyer after they had made a formal statement to law 
enforcement officials. The state provided legal counsel to indigent 
detainees.
    In certain rare instances involving acts of terrorism, the law 
allows authorities to detain persons for up to five days prior to 
arraignment with the authorization of a judge. In these cases a judge 
also may order incommunicado detention for the entire duration of 
police custody.
    The law stipulates that suspects held incommunicado have the right 
to an attorney and medical care, but they are neither allowed to choose 
an attorney nor to see a physician of their choice. The court-appointed 
lawyer is present during police and judicial proceedings, but detainees 
do not have the right to confer in private with the lawyer.
    On February 20, the Spanish Society for the International Human 
Rights Law submitted a report to the U.N. in which it requested the 
Spanish government to close detention centers for foreigners on the 
grounds they were ``discriminatory and illegal.'' According to the 
association, abuses, mistreatment, and violations of human rights were 
committed in these centers. The association's report stated that ``the 
conditions of the centers are worse than those existing in jails in 
most areas.'' The report asserted that detainees spent up to 60 days in 
rooms holding six or eight persons, without privacy and with deficient 
health conditions and were provided insufficient access to health care 
and social assistance. The report also alleged that detainees were not 
informed of their right to seek asylum or allowed to contact a judge or 
prosecutor, there were not enough interpreters, and lawyers had trouble 
gaining access to them. It also claimed there were cases of torture, 
mistreatment, and threats on the part of officials in charge of the 
centers.
    During the year the government generally continued to implement 
preventive measures to safeguard the rights of detainees held 
incommunicado, including the application of protocols and continuous 
video surveillance in detention facilities and interrogation rooms.

    Pretrial Detention.--As of August, there were 13,771 individuals in 
pretrial detention. Under the law, authorities may not detain suspects 
for more than two years before putting them on trial unless a judge 
authorizes a further delay, which may extend to four years. In practice 
pretrial detention was usually less than one year.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Trials are public, and there is a nine-person jury system. 
Defendants have the right to be represented by an attorney (at 
government expense if indigent), confront witnesses, present witnesses 
on their behalf, and have access to government-held evidence. 
Defendants enjoy a presumption of innocence and the right to appeal.

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

    Regional Human Rights Courts Decision.--During the year the 
European Court of Human Rights (ECHR) delivered nine judgments that 
found at least one violation by the state of its obligations under the 
European Convention on Human Rights. The government generally complied 
with the court's orders. Spanish case law also makes repeated 
references to ECHR's case law, and in some instances the government 
implemented new procedures or legislation following an ECHR decision. 
In response to an ECHR decision against the state for unduly lengthy 
criminal proceedings, the government enacted a law in December 2010 
that allows the undue length of a criminal proceeding to be cited as a 
mitigating circumstance that may reduce a sentence.

    Civil Judicial Procedures and Remedies.--An independent and 
impartial judiciary exists for civil matters, and there is access to a 
court to bring lawsuits seeking damages for a human rights violation. 
Violations of human rights can be pursued either criminally or, if 
committed by the state administration in other than a criminal offense, 
the complainant may pursue an administrative resolution. Persons may 
appeal court decisions involving alleged violations by the state of the 
European Convention on Human Rights to the ECHR once all avenues of 
appeal in Spanish courts have been exhausted. The national ombudsman 
also serves to protect and defend basic rights and public freedom on 
behalf of citizens.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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.

    Freedom of Speech.--The law prohibits, subject to judicial 
oversight, actions including public speeches and the publication of 
documents that the government interprets as glorifying or supporting 
terrorism. During the year the Office of the General Prosecutor filed 
eight cases in the courts under this law.
    The law provides that persons who provoke discrimination, hatred, 
or violence against groups or associations for racist, anti-Semitic, or 
other references to ideology, religion or belief, family status, 
membership within an ethnic group or race, national origin, sex, sexual 
orientation, illness, or disability, may be punished with imprisonment 
for one to three years.

    Nongovernmental Impact.--Unlike in previous years, there were no 
reports of new ETA threats against journalists. However, Reporters 
without Borders reported in May that Spain was on the list of countries 
where freedom of speech was challenged because of the terrorist 
organization ETA, ``which has not stopped harassing journalists, 
especially those living and working in the Basque Country.''

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
expression of views via the Internet, including by e-mail. Authorities 
monitored Web sites for material containing hate speech and advocating 
anti-Semitism. In March the Raxen report by the Movement against 
Intolerance estimated there are over 200 Spanish Web sites promoting 
hate on an international level, and even more on social networks, which 
especially affect the Spanish-speaking world. At year's end, the 
Barcelona court had several open investigations involving hate crimes 
on the Internet.

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

    b. Freedom of Peaceful Assembly and Association.--The constitution 
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 generally cooperated with the Office of the 
U.N. High Commissioner for Refugees and other humanitarian 
organizations, including the Spanish Commission for Refugee Assistance, 
in providing protection and assistance to 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. In 2010 there were 2,744 asylum applications in the country, 
of which 2,322 petitions were granted. Of these, 345 cases were granted 
according to the Geneva Convention, and 350 cases received subsidiary 
protection. There were 15 individuals who received asylum for 
humanitarian reasons. The countries most represented by the petitioners 
were Cuba and Nigeria.
    Potential asylum seekers were effectively able to exercise their 
right to petition authorities. In a 2010 report, however, the national 
ombudsman noted that complaints related to irregularities in the 
handling and reporting of some deportation cases had not declined 
significantly.
    Saharawi applicants reported difficulties petitioning for political 
asylum. In these cases the National Court has argued that there was no 
evidence that ``Moroccan authorities went after Saharawi in a 
systematic and generalized way because of their ethnic origin.''
    The Ministry of Foreign Affairs ran the Program for Assistance and 
Protection of Human Rights Defenders at Risk. Under this program, human 
rights defenders who faced persecution and death threats could move to 
the country for a period ranging from six months to two years, 
depending on the circumstances.

    Safe Country of Origin/Transit.--Asylum seekers are not 
automatically rejected solely because of their country of origin. All 
asylum petitions are reviewed individually, and an established appeals 
process is available to petitioners.

    Nonrefoulement.--In practice the government generally provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion.

    Durable Solutions.--On October 7, the Council of Ministers approved 
the program for resettling up to 100 refugees in Spain in 2011. The 
country accepts refugees for resettlement from third countries and 
provides protections with the assistance of NGOs such as the Spanish 
Commission for Refugee Assistance.

    Temporary Protection.--The law provides protection for up to three 
years for persons who do not meet the criteria for refugee status but 
face dangers such as torture or the death penalty if returned to their 
countries of origin. The law includes gender and sexual orientation as 
conditions for granting asylum, makes free legal assistance available 
to asylum seekers, provides a single process for both asylum and 
subsidiary protection (if asylum is denied, subsidiary protection is 
automatically considered), contemplates family reunification for asylum 
seekers, allows asylum requests to be accepted at an embassy or 
consulate, and provides for the resettlement of refugees in neighboring 
countries in some cases.
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.--National 
elections held on November 20 were considered free and fair.

    Participation of Women and Minorities.--There were 131 women in the 
350-seat Congress of Deputies, 91 women in the 261-seat Senate, and 
four women in the 13-member Council of Ministers.
    The government did not keep statistics on the ethnic composition of 
the parliament, but linguistic and cultural minorities were 
represented. There were Muslim political parties in the city enclaves 
of Ceuta and Melilla in North Africa. The Roma had no elected 
representation in the government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
isolated reports of government corruption during the year.
    According to the Attorney General's Office, there were 
investigations into 730 cases of political corruption across the 
country, with the Spanish Socialist Workers' Party leading with 264 
cases, followed by the People's Party with 200. Other cases came from 
smaller parties or, in 72 cases, from accused public officials without 
apparent political affiliation.
    The constitution provides for an ombudsman who investigates claims 
of police abuse. In 2010 the national ombudsman filed 466 ex officio 
judicial complaints, an increase from 269 complaints in 2009. During 
2010 the ombudsman's office processed 34,674 complaints, an increase 
from 22,287 complaints in 2009.
    Public officials are subject to financial disclosure laws. The 
Ministry of Public Administration is responsible for managing and 
enforcing the Law of Conflicts of Interest. The government also has a 
code of good governance that applies to all senior government 
officials.
    The law mandates public access to government information, and the 
government generally granted access to citizens and noncitizens, 
including foreign media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    International Human Rights Bodies.--In November 2010 the Council of 
Ministers approved Belgian-Moroccan citizen Ali Aarrass's extradition 
to Morocco to face terrorism charges. The U.N. Human Rights Council 
(UNHRC) issued an interim request on November 26, asking that Spain not 
enforce the extradition until the UNHRC could make a further 
recommendation on whether the extradition would expose Aarrass to the 
risk of torture. On December 14, Aarrass was extradited to Morocco. 
Human Rights Watch and other NGOs criticized Spain's extradition of 
Aarrass.

    Government Human Rights Bodies.--The national ombudsman serves to 
protect and defend basic rights and public freedom on behalf of 
citizens. The ombudsman was generally effective and had the public 
trust.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the government generally enforced it 
effectively.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
including spousal rape, and the government generally enforced the law 
effectively. It also prohibits violence against women, and independent 
media and government agencies generally paid close attention to gender 
violence.
    According to the Observatory against Domestic and Gender Violence, 
61 women, 21 of whom were foreign born, were killed by their partner or 
ex-partner during the year. The observatory noted that only a small 
number of the women killed had reported abuse prior to their death. 
During the year a survey by the Ministry of Equality found that 600,000 
women reported being assaulted by their partners, although authorities 
registered only 130,000 domestic violence complaints during the year. 
The observatory cautioned that immigrant women and women over the age 
of 56 remained vulnerable groups to gender violence.
    The law establishes prison sentences of six months to a year for 
domestic violence, threats of violence, or violations of restraining 
orders, with longer sentences if serious injuries result. According to 
2011 statistics from the General Counsel of the Judicial Power, 80 
percent of domestic violence cases resulted in a conviction.
    In April parliament approved reforms that provide special 
protections for irregular migrant women who report domestic abuse, 
including the suspension of a woman's deportation proceedings, 
provisions to obtain a work permit, and additional protection measures 
for accompanying children.
    More than 50 offices provided legal assistance to victims of 
domestic violence, and there were more than 454 shelters for battered 
women. A 24-hour toll-free national hotline advised battered women on 
finding shelter and other local assistance. As of October 2011, the 
hotline took calls in Spanish, French, German, Arabic, Bulgarian, 
Chinese, Portuguese, Romanian, and Russian. As of October 2010, there 
were 127 specialized courts dealing exclusively with domestic violence 
cases, an increase from 103 in 2009.

    Female Genital Mutilation (FGM).--FGM is prohibited, and the law 
authorizes courts to prosecute cases even if the crime occurred 
overseas. Spain's first trial for FGM was successfully prosecuted in 
November in Teruel, Aragon. The court sentenced the father of a two-
year-old girl to six years in prison and the mother to two years for 
mutilating their daughter when she was eight months old. The court 
ruling stated that the mutilation took place in Spain and the parents 
subjected their daughter to FGM because of their religious and cultural 
beliefs.
    In Catalonia the law requires that a doctor examine immigrants 
considered to be in danger of FGM when they travel to and from their 
countries of origin. Parents whose children were determined to have 
been subjected to FGM risked losing custody. Catalan regional police 
had procedures to prevent FGM through the early detection of potential 
victims, immediate reporting of possible cases to appropriate 
authorities, and, when possible, preventing the travel of potential 
victims. During the year the Catalan police prevented the genital 
mutilation of 36 girls, compared with 28 in 2010. In Catalonia alone, 
at least 10,000 girls were at risk of FGM, according to a 2009 report 
by Autonomous University of Barcelona.

    Sexual Harassment.--The law prohibits sexual harassment in the 
workplace; however, harassment was reported to be a problem.

    Reproductive Rights.--Couples and individuals decide freely the 
number, spacing, and timing of their children and enjoy the information 
and means to do so free from discrimination, coercion, and violence. 
Obstetric and postpartum care is provided under the national health 
plan. Contraception is easily accessible, including emergency 
contraception, which is available without a doctor's prescription.

    Discrimination.--Under the law women enjoy the same rights as men, 
including rights under family law, property law, and in the judicial 
system. The Women's Institute worked to ensure the legal rights of 
women, combat economic discrimination, and integrate women into the 
professional workplace. The unemployment rate for women (23.1 percent) 
continued to be higher than for men (22.8 percent). Discriminatory wage 
differentials continued to exist, and women held fewer senior 
management positions than men. According to data from the National 
Statistics Institute, women in the country earned 22 percent less than 
men. Access to health care is a fundamental right under the 
constitution regardless of gender, and women had equal access to 
diagnosis and treatment of sexually transmitted infections, including 
HIV.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. In rare cases when a child born in the country does not 
acquire his or her parents' nationality, the country will grant 
nationality.

    Child Abuse.--According to the Ministry of Equality, approximately 
800,000 children were victims of domestic violence, either as witnesses 
or as direct victims. During 2010 at least 16 children were killed by 
one of their parents.
    As of September 2011, 67 unaccompanied minors were housed in 
approximately 12 local shelters on the Canary Islands. In previous 
years, NGOs raised concerns about overcrowding, mistreatment, and poor 
conditions at three emergency centers, which at one time housed over 
1,000 unaccompanied minors predominately from Sub-Saharan Africa and 
Morocco. By June the three emergency centers, La Esperanza, Arinaga, 
and Tegueste, had closed due to a steep drop in new arrivals.

    Sexual Exploitation of Children.--Trafficking of teenage girls for 
commercial sexual exploitation remained a problem. The minimum age for 
consensual sex in the country is 13. If deceit is used in gaining the 
consent of a minor under the age of 16, an individual can be charged 
upon parental complaint. The law specifically provides that an 
individual who, by use of deceit, commits sexual abuse against a person 
over the age of 13 but under 16 will be punished with imprisonment for 
one to two years or an equivalent fine. Nonconsensual sexual abuse is 
defined as sexual acts committed against persons under 13 years, 
unconscious persons, or mentally ill persons.
    The law prohibits child pornography. The penal code criminalizes 
both using a minor ``to prepare any type of pornographic material'' and 
producing, selling, distributing, displaying, or facilitating the 
production, sale, dissemination, or exhibition, of ``any type'' of 
child pornography by ``any means.'' Knowingly possessing child 
pornography is also penalized, carrying a potential prison sentence of 
up to one year. The penalty for the production, sale, or distribution 
of pornography in which a child under 18 years of age has been involved 
is imprisonment from one to four years or up to eight years if the 
child is under 13.
    In October 2010 more than 100 persons were arrested or indicted in 
a nationwide raid carried out by more than 400 National Police 
officials against a child pornography ring. In total, security forces 
arrested over 200 persons for possessing and distributing child 
pornography.
    Penalties for recruiting children or persons with disabilities into 
prostitution is imprisonment from one to five years (previously it was 
one to four years); if the child is under the age of 13, the term of 
imprisonment is four to six years. The same sentence applies to those 
who seek child prostitutes. The penalty for pimping children or persons 
with disabilities into prostitution is imprisonment from four to six 
years and, if the minor is under 13, the term of imprisonment is five 
to 10 years. The penalty for recruiting children or persons with 
disabilities for child pornography is one to five years' imprisonment; 
if the child is under the age of 13, imprisonment is five to nine 
years. In addition individuals who contact children under the age of 13 
through the Internet for the purpose of sexual exploitation face 
imprisonment of one to three years.
    The law criminalizes the ``abuse and sexual attack of minors'' 
under the age of 13. The penalty for sexual abuse and assault of 
children under the age of 13 is imprisonment from two to 15 years, 
depending on the nature of the crime.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--According to Jewish community leaders, while 
violence against members of the approximately 48,000-member Jewish 
community was rare, anti-Semitic incidents, including graffiti against 
Jewish institutions, continued.
    On June 27, Barcelona's prosecutor for hate crimes and 
discrimination reported five cases of anti-Semitism in Catalonia in 
2010. However, the report cautioned the majority of the hate crimes 
were unreported and the data was incomplete. The report faulted the 
National Police and Civil Guard for not collecting data and statistics 
on hate crimes. The five reported cases of anti-Semitism were based on 
data from Catalonia's autonomous police, the Mossos d'Esquadra, which 
implemented a protocol to collect hate crimes statistics in March 2010.
    On March 31, the NGO Movement against Intolerance reported 4,000 
racist incidents per year in the country, of which 400 were clearly 
anti-Semitic.
    In November legal proceedings began against the head of the neo-
Nazi political party Estado Nacional Europeo (National European State) 
and two collaborators for distributing materials that justified the 
Holocaust and for inciting hate, violence, and discrimination. 
Barcelona's hate crimes prosecutor sought a four-and-a-half year prison 
sentence against the party leader for inciting hate through a bimonthly 
magazine, Intemperie (Outdoor), and two-and-a-half year sentences for 
each collaborator. In addition to anti-Semitic writings, the group also 
wrote against homosexuals and immigrants. During his trial, the head of 
the party told the court, ``it's not racism, it's hate.''

    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, access to 
information technology and communication, including social media, and 
the provision of other state services. The government generally 
enforced these provisions effectively. The law mandates access to 
buildings for persons with disabilities, and the government generally 
enforced these provisions; however, levels of assistance and 
accessibility differed between regions. The Ministry of Labor and 
Social Affairs is responsible for protecting the rights of persons with 
disabilities.
    The law provides for fines of up to one million euros ($1.3 
million) for discrimination against disabled persons.
    On January 21, the State Federation of Deaf People expressed its 
regret that the Senate had allocated funds to interpret between Spanish 
official languages without considering allotting funds to hire sign 
language interpreters.

    National/Racial/Ethnic Minorities.--There were instances of 
societal violence and discrimination against members of racial and 
ethnic minorities, and the government generally undertook efforts to 
combat the problem.
    During 2010 the government-sponsored Network of Centers for 
Assisting Victims of Discrimination received 235 complaints of 
discrimination, of which 39 percent were from the African community, 20 
percent from the Romani community, and 17 percent from the Latin 
American community. Of the complaints, 24 percent were related to 
discrimination based on unequal access to goods and services in both 
the public and private sectors, 22 percent were against security 
forces, and 17 percent were related to discrimination in the workplace. 
The 2010 Raxen Report by the Movement against Intolerance estimated 
that there are approximately 4,000 racially motivated crimes in the 
country each year as well as over 200 xenophobic Web sites. The Office 
of the Spanish Ombudsman reported 48 complaints of racism and 
xenophobia in 2010.
    On March 10, the U.N. Committee for the Elimination of Racial 
Discrimination issued a report urging the country to ``take effective 
measures to eradicate the identification controls based on ethnical and 
racial approaches,'' which can lead to unfair arrests. The committee 
urged Spain to review the police staff notice 1/2010 where arrest 
quotas of immigrants were included. According to the media, since 2008, 
the National Police have had orders to identify as many possible 
illegal immigrants in Madrid, with the objective of expelling them from 
the country. Four police unions have confirmed the reports both to the 
Office of the General Prosecutor and the ombudsman, stating that they 
were forced to arrest foreigners just because they look like foreigners 
and could be without papers. The Ministry of Interior had denied the 
existence of the controls.
    According to the domestic NGO Fundacion Secretariado Gitano (FSG), 
Roma continued to face discrimination in access to employment, housing, 
and education. The Romani community, which the FSG estimated to number 
650,000, experienced substantially higher rates of unemployment, 
poverty, and illiteracy than the general population. During the year 
the FSG reported 115 cases of discrimination against Roma, of which 30 
percent involved discriminatory portrayals of Roma in the media and 
online.
    On April 4-6, Thomas Hammarberg, the Council of Europe's 
commissioner for human rights, visited Madrid and met with the 
secretary general of social policy and consumption, Isabel Martinez 
Lozano. In his report on the visit, Hammarberg noted that the economic 
downturn had a disproportionally severe impact on Roma, whose rate of 
employment in 2009 declined by 35 percent, compared with a decline of 
18 percent experienced by the general population, and may endanger 
improvements the country has achieved. He also noted that 
disproportionate numbers of Roma continued to live in segregated and 
substandard dwellings, with civil society reporting that 12 percent of 
Roma in the country lived in substandard housing and 4 percent lived in 
shantytowns. Hammarberg criticized ``certain Spanish media'' for 
propagating negative stereotypes about immigrants and Roma, associating 
them with ``illegality, deviance, and lack of adaptation.''
    Politicians known for their hard-line stances against immigration 
gained ground following Catalonia's municipal elections in May. Xavier 
Garcia Albiol of the Popular Party of Catalonia became the new mayor of 
Badalona, a suburb of Barcelona that is the third largest city by 
population in Catalonia, in part due to his polemical views linking 
immigrants from Romania and other countries to crime and promising a 
tougher stance on illegal immigration. As a result of a 2010 campaign 
flyer linking immigrants to crime that stated ``We don't want Roma,'' 
Albiol was charged with inciting racist hate. As of year's end, 
investigators were determining whether to send the case to trial.
    In the May elections, the far-right, anti-immigrant Platform for 
Catalonia (PxC) increased its number of city council representatives in 
Catalonia from 17 to 67, but the party neither won any mayoral races 
nor earned a seat in the regional parliament. In November Juan Carlos 
Fuentes Linares, the PxC's former secretary general and city councilman 
in the town of Vic, was sentenced to one-and-a-half years in prison for 
inciting hate. The charges stemmed from anti-Muslim pamphlets that 
Fuentes Linares distributed in the 2007 election campaign. In the same 
trial, the court absolved PxC founder and president Josep Anglada of 
the same charges, citing insufficient evidence to prove that Anglada 
knew about the pamphlets.
    On May 27, the government approved the disciplinary code of the 
armed forces, which calls for penalties for the use of any type of 
discriminatory or xenophobic expressions.
    On November 4, the Council of Ministers approved the Integral 
Strategy against Racial Discrimination and Xenophobia. The strategy 
called for improvement in the gathering of statistical information from 
public institutions, strengthening of the cooperation between entities 
and institutions, and creation of prevention plans for vulnerable 
groups, including immigrants, refugees, unaccompanied minors, or those 
suffering discrimination because of their gender or religious beliefs. 
The strategy paid special attention to labor discrimination.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The lesbian, gay, bisexual, 
and transgender (LGBT) community was widely accepted throughout the 
country. LGBT organizations were numerous, and there were no reported 
impediments to their operation.

    Other Societal Violence or Discrimination.--There were no reports 
of major societal violence or discrimination against persons with HIV/
AIDS.
    On September 2, Catalonia's Superior Court ordered the regional 
government to comply within two months with a 2010 Spanish Supreme 
Court ruling that Spanish become a vehicular language in Catalonia's 
public schools. As of year's end, the Catalan government had not 
complied with the ruling. Catalan president Artur Mas staunchly 
defended the current educational model and stated that Catalonia's 
language policy is a ``red line'' not to be crossed. Advocates of the 
Catalan immersion model cited studies showing that Catalan public 
school students performed as well as their counterparts in other parts 
of Spain on Spanish language proficiency tests.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, including foreign and migrant workers, to form 
and join independent unions of their choice without previous 
authorization or excessive requirements, and workers did so in 
practice. However, military personnel and national police forces do not 
have the right to join unions, and judges, magistrates, and prosecutors 
are not free to join the union of their choice.
    The law allows unions to conduct their activities without 
interference, and the government generally protected this right in 
practice. The law provides for the right to strike, and workers 
exercised this right by conducting legal strikes. Any striking union 
must respect minimum service requirements negotiated with the 
respective employer. On occasion employers used the minimum service 
requirements to undermine planned strikes.
    The law provides for collective bargaining, including for all 
workers in the public sector except military personnel, and it was 
freely practiced. Public sector collective bargaining includes salaries 
and employment levels, but the government retained the right to set 
these if negotiations failed. Collective bargaining agreements were 
widespread in both the public and private sectors, covering 
approximately 80 percent of the workforce as of 2011.
    Employers frequently hired new employees under temporary work 
contracts. The International Trade Union Confederation (ITUC) stated 
that, although in theory workers on temporary contracts were covered by 
collective bargaining agreements, in practice more and more workers 
were individually negotiating directly with employers and managers and 
undermining the collective bargaining process. The ITUC further noted 
that 63 percent of temporary workers were immigrants.
    The law prohibits discrimination by employers against trade union 
members and organizers; however, unions contended that employers 
practiced discrimination in many cases by refusing to renew the 
temporary contracts of workers engaging in union organizing.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that children were trafficked for forced begging. Men were also 
trafficked for forced labor, mainly in agriculture and construction. 
Migrant women and children from Romania and Bulgaria remained 
particularly vulnerable to labor exploitation in agriculture and forced 
begging.
    Also see the Department of State's Trafficking in Persons Report at 
www.state.gov/j/tip.

    c. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, and these laws were generally enforced. However, there 
were reports that children were trafficked for forced begging.
    The statutory minimum age for the employment of children is 16. The 
law also prohibits the employment of persons under the age of 18 at 
night, for overtime work, or in sectors considered hazardous. The 
Ministry of Labor and Social Affairs has primary responsibility for 
enforcement of the minimum age law and enforced it effectively in major 
industries and the service sector. The ministry had difficulty 
enforcing the law on small farms and in family-owned businesses, where 
some child labor persisted. Laws prohibiting child labor were enforced 
effectively in the special economic zones. In 2010 the Ministry of 
Labor and Social Affairs detected 16 violations related to child labor, 
affecting a total of 22 minors.

    d. Acceptable Conditions of Work.--The national minimum wage was 
641.40 euros (approximately $834) per month. The Ministry of Labor and 
Social Affairs effectively enforced the minimum wage. The National 
Statistics Institute reported in October that 21.8 percent of the 
country's population lived below the poverty line. For a family of two 
adults and two children, the poverty level was set at 15,820 euros 
($20,600) per year. The average income per household in 2010 was 24,890 
euros ($32,400).
    The law provides for a 40-hour workweek, with an unbroken rest 
period of 36 hours after each 40 hours worked. By law overtime is 
restricted to 80 hours per year unless collective bargaining 
establishes a different level. Premium pay is required for overtime.
    The National Institute of Safety and Health in the Ministry of 
Labor and Social Affairs has technical responsibility for developing 
occupational safety and health standards, and the Inspectorate of Labor 
has responsibility for enforcing the law through inspections and 
judicial action when infractions are found. As of August, there were 
1,704 labor inspectors in the country. Unions criticized the government 
for devoting insufficient resources to inspection and enforcement. 
Workers have the right to remove themselves from situations that 
endanger health or safety without jeopardy to their employment. 
Authorities effectively enforced this right; however, employees with 
short-term labor contracts generally did not understand that they had 
such legal protections.

                               __________

                                 SWEDEN

                           EXECUTIVE SUMMARY
    The Kingdom of Sweden is a constitutional monarchy with a freely 
elected multiparty parliamentary form of government. Legislative 
authority rests in the unicameral parliament (Riksdag). National 
elections in September 2010 were considered free and fair. Voters 
reelected the center-right coalition led by the Moderate Party as a 
minority government with Fredrik Reinfeldt as the prime minister. The 
king is the largely symbolic head of state. The prime minister is the 
head of government and exercises executive authority. Security forces 
reported to civilian authorities.
    The main human rights abuses reported during the year included 
societal discrimination and some incidents of violence against members 
of ethnic and religious minorities, and abuse of women and children. 
While the criminal justice system operated effectively, authorities 
subjected a high percentage of pretrial detainees to extended periods 
in isolation and limited their access to visitors, mail, and exercise.
    Other reported problems included use of excessive force by police, 
forced deportation of Iraqis and others to areas deemed unsafe, the 
trafficking of women and children, discrimination against persons with 
disabilities, and wage abuse of mainly foreign seasonal berry pickers.
    Authorities generally prosecuted officials who committed abuses 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.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that police used excessive force.
    The national prosecutor's office for police cases received 5,373 
reports of misconduct during the year. The reports covered all police 
employees, both officers and civilians, and involved incidents that 
occurred both on active service and outside of work. The majority of 
the incidents took place while the police employee was on duty, and of 
these 17 percent involved accusations that on-duty officers had used 
more violence than the situation required.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the government permitted 
visits by independent human rights observers.
    Prisoners had access to potable water. There were no specific 
prison ombudsmen, but prisoner complaints were sent to and handled by 
the justice ombudsman. Authorities used alternatives to sentencing for 
nonviolent offenders, such as intensive supervision with electronic 
monitoring, conditional sentence, probation, and community service. 
During the year the government took a number of measures to improve 
prison conditions, including measures to decrease the rate of 
recidivism and a national effort to reduce the number of career 
criminals.
    During the year up to November 30, seven persons committed suicide 
while in prison or a detention center.
    According to the Prison and Probation Service, prison and detention 
centers were meant to hold a maximum of 6,957 prisoners and detainees. 
On November 1, the total number of prisoners and detainees was 6,771. 
In October 2010, the latest date for which data was available, there 
were 180 juvenile and 288 female prisoners.
    Restrictive conditions for prisoners held in pretrial custody 
remained a problem. A new Act on Treatment of Persons Arrested or 
Remanded in Custody that went into force on April 1 includes the 
possibility of appealing a decision on specific restrictions to the 
Court of Appeals and ultimately to the Supreme Court.
    According to the Swedish Prison and Probation Service, in July 2010 
approximately 45 percent of pretrial detainees were subjected to 
extended isolation or to restrictions on mail delivery or exercise. 
Authorities stated they took this step when detainees' contact with 
people outside the detention center could risk destroying evidence or 
changing witnesses' statements, thereby imperiling an ongoing 
investigation.
    Prisoners and detainees not under restrictions had reasonable 
access to visitors. All were permitted religious observance, and could 
submit complaints to several judicial authorities without censorship. 
Authorities investigated credible allegations of inhumane conditions.
    The justice ombudsman, who worked independently from the 
government, could serve on behalf of prisoners and detainees to 
consider such matters as alternatives to incarceration for nonviolent 
offenders to alleviate overcrowding; addressing the status and 
circumstances of confinement of juvenile offenders; and improving 
pretrial detention, bail, and recordkeeping procedures to ensure that 
prisoners do not serve beyond the maximum sentence for the charged 
offense. In July the justice ombudsman set up a new unit to fulfill 
better its role as the National Preventive Mechanism as called for by 
the U.N. Optional Protocol to the Convention Against Torture. The 
justice ombudsman conducted five prison inspections during the year.
    The government permitted monitoring by independent, nongovernmental 
observers. The national Red Cross and church associations may also 
visit prisoners, but may not monitor or inspect the prisons.

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

    Role of the Police and Security Apparatus.--The national police and 
the national criminal police are responsible in practice for law 
enforcement and general order within the country. The Security Service 
is responsible for national security related to terrorism, extremism, 
and espionage. The armed forces, subordinate to the Ministry of 
Defense, are responsible for external security. The Ministry of Justice 
provides the funding and the letters of instruction for police 
activities, but it does not control how they perform their work. 
According to the constitution, all branches of the police are 
independent authorities. The chancellor of justice, who is a 
nonpolitical civil servant appointed by the government, acts as the 
government's ombudsman in the supervision of the police. In addition, 
the Security and Integrity Commission can review the work of the 
Security Service upon an individual's request and initiate its own 
investigations if it suspects that the Security Service has collected 
and used personal data wrongfully.
    Civilian authorities maintained effective control over the national 
police and the Security Service, and government authorities had 
effective mechanisms to investigate and punish abuse and corruption. 
There were no reports of impunity involving the security forces during 
the year.

    Arrest Procedures and Treatment While in Detention.--The law 
requires warrants issued by duly authorized officials for arrests, and 
the government generally respected this requirement in practice. 
Persons can be and are arrested without a warrant if they are caught 
committing a crime or if they are suspected of having committed a crime 
that is being investigated. A person who is believed to be drunk or 
under the influence of drugs and intends to drive any vehicle may also 
be arrested without a warrant. Police must file charges within six 
hours against persons detained for disturbing the public order or 
considered dangerous and within 12 hours against those detained on 
other grounds. Police may hold a person for questioning for six hours 
or up to a maximum of 12 hours if necessary for the investigation. 
After questioning, the level of suspicion determines whether an 
individual will be arrested or released. A court order is not needed to 
hold a person for as long as 12 hours. If a suspect is arrested, the 
prosecutor has 24 hours (or three days in exceptional circumstances) to 
request continued detention. An arrested suspect must be arraigned 
within 48 hours, and initial prosecution must begin within two weeks, 
unless extenuating circumstances exist. Authorities generally respected 
these requirements.
    Although there is no system of bail, courts routinely released 
defendants pending trial unless they were considered dangerous or there 
was a risk that the suspect would leave the country. Detainees may 
retain a lawyer of their choice; in criminal cases the government is 
obligated to provide an attorney, regardless of the defendant's 
financial situation. Detainees are afforded prompt access to lawyers 
and to family members. A suspect has a right to legal representation 
when the prosecutor requests his detention beyond 24 hours (or three 
days in exceptional circumstances). Prompt access to family members was 
influenced by the type of crime the suspect was accused of committing. 
Sometimes a suspect was not allowed any contact with family members if 
police believed it could jeopardize an investigation.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Defendants enjoy a presumption of innocence. Trials are generally 
public. Juries are used only in cases involving freedom of the press or 
freedom of speech. In other cases judges or court-appointed civilian 
representatives make determinations of guilt or innocence. Cases of a 
sensitive nature, including those involving children, child 
molestation, rape, and national security, may be closed to the public. 
The court system distinguishes between civil and criminal cases. 
Defendants have the right to be present at their trials and to consult 
an attorney in a timely manner. In criminal cases the government is 
obligated to provide a defense attorney. A ``free evidence'' system 
allows parties to present in court any evidence, regardless of how it 
was acquired. Defendants can confront or question witnesses against 
them and/or present witnesses and evidence on their behalf and 
defendants and their attorneys have access to government-held evidence 
relevant to their cases. If convicted, defendants have the right of 
appeal.

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

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR).

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Human rights cases are tried 
in the general court system. Citizens can appeal cases involving 
possible violations of the European Convention on Human Rights by the 
state to the ECHR.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the government generally respected these prohibitions in practice.
    The National Defense Radio Establishment (FRA) may monitor 
international communications traffic with the prior approval of a 
special court. Under the law only government ministries and the armed 
forces may commission surveillance from the FRA. In 2010 courts issued 
3,349 permits for wiretapping and camera surveillance, an increase of 
51 percent from 2009. The courts denied 36 permits.
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 the press, 
and the government generally respected these rights in practice. An 
independent press, an effective judiciary, and a functioning democratic 
political system combined to ensure freedom of speech and of the press.
    The law criminalizes expression considered to be hate speech and 
prohibits threats or expressions of contempt for a group or member of a 
group based on race, color, national or ethnic origin, religious 
belief, or sexual orientation. Penalties for hate speech range from 
fines to a maximum of four years in prison.

    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.
    In 2010 the European Commission filed a complaint against the 
government for not implementing a directive requiring communications 
providers to retain data specified in the directive for a period of 
between six months and two years. The center-right governing coalition 
agreed to retain the data for six months, but on March 16 parliament 
decided to postpone the implementation of the directive for at least 12 
months.

    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.

    Safe Country of Origin/Transit.--In accordance with EU law, the 
government denied asylum to persons who had transited other EU 
countries or countries with which it maintained reciprocal return 
agreements before arriving in Sweden. It deported such persons to those 
countries.

    Nonrefoulement.--During the year the government forcibly 
repatriated 638 Iraqis, most frequently to Baghdad, pursuant to a 
repatriation agreement with Iraq. The U.N., through the UNHCR, and 
nongovernmental organizations such as Amnesty International criticized 
the government and the migration minister for the forced repatriations. 
Amnesty International also expressed concern over an increased rate of 
rejection of Uighur asylum seekers, mainly from China's Xinjiang 
Province. Asylum seekers can appeal rulings of the Migration Board to 
two special migration appeals courts. Unsuccessful asylum-seekers can 
and did appeal their cases to the ECHR.

    Durable Solutions.--The government authorized financial 
repatriation support for asylum seekers denied residence in the country 
in the amount of 30,000 kronor ($4,360) per adult and 15,000 kronor 
($2,180) per child, with a maximum of 75,000 kronor ($10,900) per 
family. During the year the government provided repatriation support to 
923 persons, most of them of Iraqi origin. Beginning December 1, the 
government no longer authorized repatriation support for persons 
returning to Kosovo.

    Temporary Protection.--During the year the Migration Board provided 
temporary protection to approximately 75 persons who did not qualify as 
refugees.

    Stateless Persons.--Citizenship is derived from one's parents. 
According to UNHCR data there were 9,344 stateless persons in the 
country in January. The large number related to the influx of 
immigrants and the birth to stateless parents of children who remain 
stateless until either one parent acquires citizenship or a special 
application for citizenship for stateless children under the age of 
five is submitted and approved. The majority of stateless persons came 
from the Middle East (the Occupied Territories, Lebanon, Syria, and 
Iraq) and Somalia.
    Once stateless persons are granted permanent residence, they can 
obtain citizenship through the same naturalization process as other 
permanent residents. Gaining citizenship generally requires four to 
eight years, depending on the individual's grounds for residency, 
ability to establish identity, and lack of a criminal record.
    There is no legal discrimination against stateless persons in 
employment, education, housing, health services, marriage, birth 
registration, access to courts and judicial procedures, or owning land 
or property.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--National 
elections held in September 2010 were considered free and fair.

    Participation of Women and Minorities.--Following the September 
2010 elections there were 157 women among the 349 parliamentarians. 
There were 12 women in the 24-member cabinet.
    No official statistics on minority representation in government 
were available because the law prohibits the government from holding 
information about the racial or ethnic background of its citizens. 
However, media reports stated that the number of immigrant 
parliamentarians increased in the September 2010 elections.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. A special 
unit in the prosecutor's office worked on cases involving corruption 
and initiated 26 investigations during the year, resulting in 
prosecutions of 35 persons. Public officials and political parties are 
subject to financial disclosure laws.
    On June 21, authorities prosecuted a civil servant and an elected 
official for accepting payments from one of the companies involved in 
constructing a stadium. Their trial continued at year's end.
    Public officials and political parties are subject to financial 
disclosure laws. The constitution and law provide for public access to 
government information, and the government generally granted access in 
practice to citizens and noncitizens, including foreign media. The 
public has the right of access to government documents unless they are 
subject to secrecy laws, according to which information may be withheld 
if its release poses a threat to national security or to individual or 
corporate privacy. The public had access to a mechanism to appeal such 
a withholding of 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 often cooperative and responsive to their views.

    Government Human Rights Bodies.--At the national level, the country 
has seven ombudsmen: four justice ombudsmen, the chancellor of justice, 
the children's ombudsman, and the discrimination ombudsman with 
responsibility for ethnicity, gender, transsexual identity, religion, 
age, sexual orientation, and disabilities. There are normally ombudsmen 
down to the municipal level as well. The ombudsmen enjoyed the 
government's cooperation and operated without government or party 
interference. They had adequate resources and generally were considered 
effective. The children's ombudsman published a number of reports and 
publications for children and those working to protect children's 
rights. The discrimination ombudsman published material throughout the 
year to prevent discrimination. On February 17, a government statement 
clarified the mission of the discrimination ombudsman and reduced the 
processing time for reported cases.
    Government officials often were cooperative and responsive to the 
views of the ombudsmen.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    While the constitution and law prohibit discrimination based on 
race, gender, age, disability, language, social status, or sexual 
orientation, the government did not always effectively enforce these 
prohibitions.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is illegal, and the government enforced the law effectively. The law 
stipulates more severe penalties for repeated crimes and for cases in 
which the perpetrator had a close relationship with the victim. 
Penalties range from two to 10 years in prison. The National Council 
for Crime Prevention (NCCP) reported 5,960 rapes during 2010, compared 
with 5,937 in 2009.
    The NCCP reported approximately 27,300 cases of assault of women 
during 2010, the latest year for which data was available. Authorities 
apprehended and prosecuted abusers in most cases.
    The law provides victims with protection from contact with their 
abusers. When necessary, authorities helped victims to protect their 
identities or to obtain new identities and homes. According to official 
statistics, approximately 12,000 persons, mostly women, were in these 
programs at the end of the year. Both national and local governments 
helped fund volunteer groups that provided shelter and other assistance 
for abused women, and both private and public organizations ran 
shelters and operated hotlines.
    According to official figures for 2010, 27 percent of girls and 
women with a non-Swedish background, or approximately 100,000 persons 
in total, faced unreasonable restrictions from home that could be seen 
as honor-related. Honor-related violence exclusively involved 
immigrants from Muslim countries; police concentrated on educating 
police officers and prosecutors to increase their awareness of the 
problem and to improve its detection and prevention. In 2010 county 
administration boards used a grant of 36 million kronor ($5.2 million) 
from the Ministry for Integration and Gender Equality to work against 
honor-related restrictions. On July 28, the government, through the 
Ministry for Education and Research, announced a 9.6-million-kronor 
($1.4 million) addition to the grant. At year's end there were no 
reports of the results of these programs.

    Sexual Harassment.--The law prohibits sexual harassment, and the 
government generally enforced this law in practice. Employers who do 
not investigate and intervene against harassment at work may be liable 
for damages to the victim. There are no criminal penalties for 
harassment.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children, and to have the information and means to do so free from 
discrimination, coercion, and violence. There was easy access to 
contraception, prenatal care, maternal health services including 
skilled attendance during childbirth, essential obstetric and 
postpartum care, and family planning practices.

    Discrimination.--Women have the same legal rights as men in the 
judicial system, including rights under family law and property law. 
Some sectors of the labor market, including the financial sector and 
high-ranking positions in both in the public and private sectors, still 
showed significant gender disparities in terms of salaries, especially 
in male-dominated occupations. Women's salaries averaged approximately 
86 percent of men's.
    The discrimination ombudsman investigated complaints of gender 
discrimination in the labor market. Complaints could be filed also with 
the courts or with the employer. Labor unions generally mediated in 
cases filed with the employer. There were 61discrimination complaints 
related to parental leave during the year.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. Children born in the country, regardless of their parents' 
citizenship and status in the country, are registered in the tax 
authority's population register.

    Child Abuse.--Child abuse was a problem. The NCCP reported 11,600 
cases of abuse of children under the age of 15 during 2010, an increase 
of 4 percent compared to 2009. The NCCP reported 2,620 cases of rape of 
children under the age of 18 in 2010 compared with 1,911 reported cases 
in 2009.
    The law prohibits parents or other caretakers from abusing children 
mentally or physically. Parents, teachers, and other adults are subject 
to prosecution if they physically punish a child, including slapping or 
spanking. Children have the right to report such abuses to police. The 
usual sentence for such an offense is a fine combined with counseling 
and monitoring by social workers. Authorities may remove children from 
their homes and place them in foster care.

    Sexual Exploitation of Children.--The law criminalizes ``contact 
with children under 15 for sexual purposes,'' including Internet 
contact intended to lead to sexual assault. Penalties range from fines 
to one year in prison. The minimum age for consensual sex is 15. The 
law prohibits child pornography; penalties range from fines to six 
years in prison.

    Displaced Children.--The law prohibits the repatriation of foreign 
children if they lack proper documents to prove their identity and 
national origin. The migration board turned children arriving in the 
country alone over to social services in their municipality of 
residence, which appointed a legal guardian to assist them.

    Institutionalized Children.--On February 10, a government report 
recommended compensation for a number of individuals who were subjects 
of severe abuse while in foster care from the 1920s to the 1980s. The 
investigation recommended high-level political apologies at a ceremony, 
the possibility to claim financial compensation, and measures to 
prevent similar abuse in the future. The issue was controversial among 
politicians and victims, but a ceremony was held on November 21, and 
eligible individuals will be able to apply for 250,000 kronor ($36,300) 
in financial compensation.

    International Child Abductions.--The country is a party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--Leaders of the Jewish community estimated there 
were 20,000 Jews in the country. While the number of reported anti-
Semitic crimes decreased from 250 to 161 from 2009 to 2010, government 
officials recognized that anti-Semitism was a problem in Sweden, 
especially in the city of Malmo. Anti-Semitic incidents included 
threats, verbal abuse, physical violence, vandalism, graffiti, and 
harassment in schools. These incidents were often associated with 
events in and actions of the Israeli government, and Swedish Jews were 
at times blamed for Israeli policies.
    In December 2010 the Simon Wiesenthal Center issued a travel 
warning for Jews traveling in southern Sweden, because Jews in Malmo 
were ``subject to anti-Semitic taunts and harassment.'' It also cited 
``the outrageous remarks of Malmo mayor Ilmar Reepalu, who blamed the 
Jewish community for failing to denounce Israel.'' In March the 
organization discussed the situation with local government officials 
and police in Malmo, but the discussions produced no results by year's 
end.
    In August, at the government's request, the state-run Living 
History Forum published a report that found racist and xenophobic views 
increasingly were propagated over the Internet and in school textbooks. 
The report, compiled from previously collected research ranging back 
over a decade, also found that Jews and Muslims faced discrimination 
for outwardly professing their faith, and conspiracy theories targeted 
Jews for alleged attempts at global and financial domination.
    As a response to the number of anti-Semitic incidents, a group of 
young Muslims in Malmo started, on their own initiative, a group called 
``Young Muslims against Anti-Semitism.'' The group has been touring 
schools in Muslim suburbs to address the issue. The leader of the group 
has been included on the National Raoul Wallenberg Committee that will 
highlight the centennial of the birth of Wallenberg in 2012. 
Representatives from the national unit to train police officers to 
detect hate crimes visited high schools to raise awareness of such 
crimes and to encourage more victims to report abuses. Information for 
victims of hate crimes was available in several languages, and 
interpreters were provided to facilitate reporting. Police hate-crime 
units existed throughout the country.

    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 employers from 
discriminating against persons with physical, sensory, intellectual, 
and mental disabilities in hiring decisions and prohibits universities 
from discriminating against students with disabilities in making 
admission decisions. No other specific law prohibits discrimination 
against persons with disabilities. The discrimination ombudsman is 
responsible for protecting the rights of persons with disabilities.
    The law on discrimination does not cover accessibility. Regulations 
for new buildings require full accessibility, and similar requirements 
exist for some, but not all, public facilities. However, many buildings 
and some means of public transportation remained inaccessible.
    The number of reports of discrimination against persons with 
disabilities increased during the year. During the year there were 
563reports of governmental discrimination against persons with 
disabilities in employment, education, access to health care, or the 
provision of other state services. Most other cases involved lack of 
access to buildings used by the public, such as apartments, 
restaurants, and bars. Many cases were handled through mediation 
procedures rather than formal court hearings.

    National/Racial/Ethnic Minorities.--The law recognizes Sami 
(formerly known as Lapps), Swedish Finns, Tornedalers, Roma, and Jews 
as national minorities. The law protected and the government supported 
minority languages.
    Societal discrimination and violence against Arab and Somali 
immigrants and Roma continued to be a significant problem during the 
year.
    Police registered reports of xenophobic crimes, some of which were 
related to neo-Nazi or white-power ideology. Police investigated and 
the district attorney's office prosecuted race-related crimes. Official 
estimates placed the number of active neo-Nazis and white supremacists 
at 1,500. Neo-Nazi groups operated legally, but courts have held that 
it is illegal to wear xenophobic symbols or racist paraphernalia or to 
display signs and banners with inflammatory symbols at rallies, since 
the law prohibits incitement of hatred against ethnic groups.
    It was frequently difficult to determine whether hate crimes had 
ethnic or religious motives, but abuses directed at members of ethnic 
minorities from Muslim-majority countries officially were reported as 
being ``anti-Islamic.'' Anti-Islamic behavior was aimed at both Arab 
and Somali immigrants. The NCCP hate crime report for 2010 counted 272 
reported anti-Islamic hate crimes, or 49 percent of the total 
antireligious hate crimes. In 2009, 194 of the hate crimes reported 
were anti-Islamic crimes (33 percent of religion-related hate crimes), 
down from 272 in 2008.
    The most frequent anti-Islamic crimes were crimes against persons, 
with 148 reported incidents in 2010, and 80 reported cases of agitation 
against an ethnic group. According to the report, 3 percent of anti-
Islamic crimes were ideologically motivated.
    The discrimination ombudsman received 694complaints regarding 
ethnic discrimination during the year.
    The government estimated the Romani population at 50,000 persons. 
In 2010 a special delegation for Romani problems reported that a 
majority of Roma lived as outcasts, unemployment reached 80 percent, 
elementary education was rare, and a Rom's average life expectancy was 
significantly lower that the country's average. In 2010, 150 reported 
hate crimes were identified as anti-Romani. On September 9, the 
government announced a 46-million-kronor ($6.7 million) supplement to 
the 2012 budget aimed at improving the situation of Roma over a four-
year period.
    During the year the discrimination ombudsman handled five mediation 
and court cases involving Roma. The most common complaint was against 
landlords who refused to rent apartments to Roma. Conciliation with 
financial compensation to the Roma was the most common outcome.

    Indigenous People.--Longstanding tensions between Sami and the 
government over land and natural resources persisted, as did tensions 
between Sami and private landowners over reindeer grazing rights. 
Certain Sami have grazing and fishing rights, depending on their tribal 
history. Sami continued to press the government for exclusive access to 
grazing and fishing.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--During the year there were 
isolated incidents of societal violence and discrimination against 
persons perceived to be gay. For 2010 the NCCP reported 801 hate crimes 
based on sexual orientation or gender identity: 770 concerning gay, 
bisexual, or heterosexual persons; and 31 on the basis of gender 
identity.

    Other Societal Violence or Discrimination.--There were no reports 
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law entitles all workers, including members of the armed forces and 
police, to form and join independent unions of their choice without 
previous authorization or excessive requirements, and workers exercised 
this right in practice. An estimated 75 percent of the five-million-
person workforce belonged to trade unions. The law allows unions to 
conduct their activities without interference, and the government 
protected this right in practice.
    The law also provides for the right to strike as well as for 
employers to organize and conduct lockouts; workers and employers 
exercised these rights in practice. Public sector employees enjoy the 
right to strike, subject to limitations in the collective agreements 
protecting the public's immediate health and security.
    The law provides for collective bargaining, and workers exercised 
this right in practice. Approximately 80 percent of the workforce was 
covered by collective bargaining agreements. The law prohibits 
antiunion discrimination, and there were few reports it occurred during 
the year.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, including by children, and the 
government effectively enforced these laws. However, there were reports 
that children were in some cases forced to beg or commit petty theft. 
There were also reports of forced labor in agriculture, construction, 
and domestic households.
    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 permits full-time employment from the age of 16 under the 
supervision of local authorities. Employees under the age of 18 may 
work only during the daytime and under supervision. Children as young 
as 13 may work part time or perform light work with parental 
permission. The government, union representatives, police, and public 
prosecutors effectively implemented these laws and policies in practice 
and had adequate resources.
    Children trafficked both internally and from outside the country 
continued to be subjected to forced begging and petty theft.

    d. Acceptable Conditions of Work.--There is no national minimum 
wage law. Wages were set by annual collective bargaining agreements. 
Nonunion establishments generally observed these contracts as well.
    The legal standard workweek is 40 hours or less. Both the law and 
collective bargaining agreements regulate overtime and rest periods. 
The maximum allowable overtime per year is 200 hours. The amount of 
overtime compensation was normally regulated by the collective 
agreement; it varied by workplace and could also depend on whether the 
overtime occurred during the regular workweek, during a weekend, or on 
a bank holiday. Compensation for overtime could take the form of money 
or time off. The law requires a minimum period of 36 consecutive hours 
of rest, preferably on weekends, during a period of seven days. The law 
also provides employees with a minimum of five weeks' paid annual 
leave. The government effectively enforced these standards.
    The Work Environment Authority, a government-appointed board, 
issued occupational health and safety regulations, and trained union 
stewards and safety ombudsmen whom government inspectors monitored. 
Safety ombudsmen have the authority to stop unsafe activity immediately 
and call in an inspector. These rules were effectively enforced.
    Seasonal berry pickers, mainly from Asia, faced difficulties. By 
regulation, employers--whether foreign or domestic--must offer 
conditions of employment on par with the country's collective 
agreements, and the work must be on such a scale that the workers earn 
a minimum wage of 16,372 kronor ($2,377) a month. However, several 
problems occurred during the year, mostly due to the failure of foreign 
companies that provided foreign workers to Swedish companies to respect 
the conditions of employment. Foreign companies and labor recruiters 
that brought workers to Sweden for the berry harvest sometimes 
subjected the workers to harsh conditions of work, including seizing 
passports, withholding pay, and providing poor living and working 
conditions. In April the Migration Board decided that a foreign company 
providing berry pickers to Swedish companies must have a branch 
registered in Sweden to guarantee the conditions of employment. The 
foreign labor broker must also show how it expects to pay workers in 
case of, for example, a bad berry season.
    During the year there were 57 workplace fatalities, compared to 54 
in 2010.

                               __________

                              SWITZERLAND

                           EXECUTIVE SUMMARY
    The Swiss Confederation is a constitutional republic with a federal 
structure. Legislative authority resides in a bicameral parliament 
(Federal Assembly), consisting of the 46-member Council of States and 
the 200-member National Council. Free and fair elections occurred at 
both the cantonal and federal levels on October 23 and December 14. 
Parliament elects the executive leadership (the seven-member Federal 
Council) every four years. The Federal Council is comprised of a 
coalition of five parties. There are 12 political parties represented 
in the federal government. Security forces reported to civilian 
authorities.
    Lengthy detention and mistreatment of detained asylum seekers and 
societal discrimination against Romani and other minorities and 
immigrants occurred on occasion. Authorities used excessive force in 
connection with the deportation of asylum seekers, and police resorted 
to disproportionate force during arrests.
    Other human rights problems included some overcrowded prisons, 
instances of hostility towards Muslims, anti-Semitic incidents, 
violence against women, trafficking in persons, and allegations of 
corrupt political practices.
    The government took steps to prosecute/punish 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 any politically 
motivated killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, there 
were reports that individual police officers occasionally used 
excessive force.
    In May 2010 the U.N. Committee against Torture (UNCAT) identified 
several cases of police misconduct involving the use of excessive force 
against foreigners, especially in asylum detention centers and during 
forced repatriations. The committee noted that only a minority of 
complaints of violence or mistreatment by the police resulted in 
prosecutions. In 2010 there were 62 registered complaints relating to 
malpractice or misuse of authority by the police; figures for 2011 
complaints were unavailable. UNCAT recommended the government ensure 
that each canton created an independent entity empowered to investigate 
allegations of police violence.
    Responding to UNCAT concerns, in June the government selected 
independent observers to begin monitoring deportations. On December 1, 
the National Commission for the Prevention of Torture (NCPT) issued its 
first report on deportation practices and offered a number of 
suggestions to improve procedures, including providing clearer 
information to prospective deportees, more frequent medical 
examinations, and better trained police units assigned to this 
sensitive work. Authorities also investigated and prosecuted a number 
of cases of alleged mistreatment by police officers.
    During the year Amnesty International criticized degrading 
practices and the use of excessive force by police before and during 
forced repatriation. On February 24, the NCPT, established by the 
government in May 2010, issued its initial report. The commission found 
that mental health counseling for prisoners was insufficient, 
especially for individuals in solitary confinement, and noted that 
foreigners awaiting deportation often faced harsher treatment than 
other persons in pretrial custody.
    On January 1, an amendment to the Foreign National Act that 
included a forced-return monitoring system entered into force. The 
government added the amendment to bring Switzerland in line with EU 
law. The U.N. Committee on Torture had earlier expressed concern that 
the Federal Act on Foreign Nationals might violate the principle of 
nonrefoulement.
    On June 15, the Federal Office for Migration announced plans to 
allow independent observers to monitor repatriation flights. Special 
training for the observers continued, and five independent observers 
began their in-flight monitoring duties in August.
    On July 7, police officials were recorded on videotape beating a 
Nigerian man being deported to Nigeria on a special deportation flight 
from Zurich airport. Police claimed that the man resisted being carried 
aboard the plane and they were forced to subdue him. Authorities in the 
Canton of Zurich opened an investigation to determine if police used 
excessive force. On October 7, the investigation commission and the 
cantonal government concluded that the use of force was justified.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
government permitted visits by independent human rights observers.
    According to the Swiss Federal Office for Statistics, from November 
2009 to November 2010, 13 deaths occurred in Swiss confinement, seven 
of which were suicides and the remainder believed to be of natural or 
unintended causes.
    There were 6,181 persons in prison or detention centers (31 percent 
were remanded for custody, 61 percent for convicted crimes, 6 percent 
under compulsory measures in accordance with the federal law on 
foreigners, and 2 percent for other reasons). Of the total, 347 were 
women (5.6 percent) and 39 were juveniles (0.6 percent). In 2010 there 
were 1,894 persons in pretrial detention and 371 awaiting deportation, 
5.4 percent of whom were female. While some prisons and detention 
centers housed both male and female inmates, they were located in 
separate wards. Nevertheless, in some instances these facilities were 
inadequate. For example, the NCPT criticized the deportation center in 
Granges for lacking adequate facilities for woman and juveniles.
    The occupancy rate of detention facilities was 92.5 percent during 
the year; still, prison overcrowding continued to be a serious problem 
in major urban areas, particularly in the French-speaking part of the 
country. In 2010 the occupancy rate of detention facilities in the 
French-speaking cantons was 104.8 percent, compared with an average 86 
percent in the German-speaking region. Geneva's Champ-Dollon Prison was 
the country's most crowded prison. Designed for a maximum of 270 
occupants, the prison housed up to 622 inmates during 2010. In 2011 the 
median occupancy was 420. According to independent observers, both 
guards and inmates were critical of the poor detention conditions.
    According to statistics released by the Federal Department of 
Justice and Police in 2010, there were 34 minors under the age of 17 
years in preventive detention. There were 514 prisoners between the 
ages of 18 and 24 years.
    Prisoners and detainees had reasonable access to visitors and were 
permitted to observe and practice their respective religions. They 
could submit complaints to judicial authorities without censorship and 
request investigation of credible allegations of inhumane conditions. 
Authorities investigated such allegations. There was no ombudsman at 
the national level, but a number of cantons instituted cantonal 
ombudsmen and mediation bodies, which acted on behalf of prisoners and 
detainees to address the conditions and circumstances of their 
detention. Larger cantons and those with high population density were 
more likely to provide these services than smaller or more rural ones.
    All prisoners had access to potable water. While conditions for 
women prisoners generally were comparable to those for men, there were 
exceptions. The NCPT visited the women's prison in Hindelbank in 2010 
and strongly criticized detention conditions in the areas of solitary 
confinement, describing them as inhumane and unjustified from a legal 
and medical standpoint. Additional problems centered on the lack of 
sufficient space in some of the older wards. The penal code states that 
police authorities may detain young offenders only for a minimal period 
but does not explicitly state the length. In actuality, without an 
arraignment or arrest warrant, police were allowed to detain young 
offenders only for a maximum of 24 hours (48 hours during weekends). 
The law also requires that juvenile offenders be held in reform schools 
or separate wings of prisons where they can receive educational 
support; however, this was often not the case.
    On July 24, prison officials opened a new wing at Geneva's Champ-
Dollon Prison that could accommodate 100 additional prisoners. In the 
spring the government halted construction of new juvenile detention 
centers in the Canton of Zurich due to financial disputes.
    The government permitted independent monitoring of prison 
conditions by local and international human rights groups, the media, 
and the International Committee of the Red Cross. In addition, the 
Council of Europe's Committee for the Prevention of Torture carried out 
one of its periodic visit to the country on October 10-20.
    On February 18, the NCPT visited the Grosshof remand center in the 
Canton of Luzern. While generally satisfied with overall conditions, 
the inspectors noted in their February 24 report that there was 
insufficient space.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over security forces, which the cantons 
primarily organized and administered with federal coordination. The 
Federal Office of Police, in addition to performing coordination and 
analytical functions, can pursue its own investigations under the 
supervision of the attorney general in cases of organized crime, money 
laundering, and corruption. The government has effective mechanisms to 
investigate and punish abuse; however, in past years there were 
allegations of impunity.

    Arrest Procedures and Treatment While in Detention.--By law 
criminal suspects must be apprehended on the basis of warrants issued 
by a duly authorized official unless police are responding to a 
specific and immediate danger. In most cases authorities may not hold a 
suspect longer than 24 hours before presenting him to a prosecutor or 
investigating magistrate, who must either bring formal charges or order 
the detainee's release. Asylum seekers and other foreigners without 
valid documents may be detained up to 96 hours without an arrest 
warrant. There is a functioning bail system, and courts granted release 
on personal recognizance or bail unless the magistrate believed the 
person charged to be dangerous or a flight risk. A suspect may be 
denied legal counsel at the time of detention and initial questioning 
but has the right to choose and contact an attorney before charges are 
brought. The state provides free legal assistance for indigents charged 
with crimes for which imprisonment would be a possible punishment. 
Access to family members may be restricted to prevent tampering with 
evidence, but law enforcement authorities are required to inform close 
relatives promptly of the detention.

    Pretrial Detention.--In some cases lengthy pretrial detention was a 
problem. In 2010 approximately 30 percent of all prisoners were in 
pretrial detention. The country's highest court has ruled that pretrial 
detention must not exceed the length of the expected sentence for the 
crime for which a suspect is charged.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and the judiciary generally enforced this right.
    Defendants enjoy a presumption of innocence. Trials are public. 
Juries are used only in the most serious cases, including murder. 
Defendants have the right to be present and consult with an attorney in 
a timely manner, and an attorney is provided at public expense if a 
defendant faces serious criminal charges. Defendants have the right to 
confront or question witnesses and present witnesses and evidence. They 
have the right to appeal, ultimately to the highest court, the Federal 
Tribunal. Authorities generally respected these rights in practice and 
extended them to all citizens.
    Civilians charged with revealing military secrets, such as 
classified military documents or classified military locations and 
installations, may be tried in military courts. There were no reports 
that any civilians were tried by a military court during the year.

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

    Regional Human Rights Court Decisions.--Persons could apply to the 
European Court of Human Rights (ECHR) concerning alleged government 
violations of rights provided under the European Convention of Human 
Rights. The government complied with ECHR judgments. For example, on 
October 11, the ECHR provided a second judgment in the case of Emre v. 
Switzerland. Emre had filed a complaint regarding a prior decision by 
the federal court that prohibited him from reentering Swiss territory 
for 10 years. He argued that the court's decision to replace 
deportation for an indefinite period with a fixed-term measure was 
unjust. The ECHR found in Emre's favor, concluding that Emre's ban was 
an unnecessarily harsh measure, and ordered Swiss authorities to pay 
5,000 euros ($6,500) in pecuniary damages.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Citizens have access to a 
court to bring lawsuits seeking damages for or cessation of a human 
rights violation. Persons who exhaust their right of appeal in domestic 
courts may apply to the ECHR for redress.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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.

    Freedom of Speech.--The law penalizes public incitement to racial 
hatred or discrimination, spreading racist ideology, and denying crimes 
against humanity. There was one conviction during the year under this 
law. On April 27, the federal court confirmed a verdict against a 
politician for racial discrimination. The individual publicly called 
for the government to prohibit Muslims from becoming naturalized 
citizens. He was found guilty of violating the law on preventing racism 
and fined 5,400 Swiss francs ($6,100).

    Freedom of Press.--According to federal law, it is a crime to 
publish information based on leaked ``secret official discussions.'' A 
number of cases of violation of secrecy by the press were under 
investigation during the year; however, no sentences were handed down 
for such offenses by year's end.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or 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 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 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. As of December the number of individuals temporarily admitted 
from third countries was 23,310. Of these, 839 were granted asylum as 
refugees for more than seven years, 3,063 were granted asylum as 
refugees for less than seven years, 9,353 were temporarily admitted for 
more than seven years (without asylum status), and 10,055 were 
temporarily admitted for less than seven years (without asylum status).

    Safe Country of Origin/Transit.--The Federal Office for Migration 
relied on a list of ``safe countries,'' and would-be refugees who 
originated from or transited these countries generally were ineligible 
to apply for asylum. Nongovernmental organizations (NGOs) criticized 
the inclusion of some East European and African countries in the ``safe 
countries'' list because the countries were not sufficiently stable or 
suitable to justify automatic rejection of an asylum application.

    Nonrefoulement.--In practice the government provided protection 
against expulsion or return of refugees to countries where their lives 
or freedom were threatened on account of their race, religion, 
nationality, membership in a particular social group, or political 
opinion. On January 26, the Federal Office for Migration began to 
evaluate on a case-by-case basis whether to repatriate individuals to/
via Greece and began to refrain from doing so. An August 16 federal 
court order put a final halt to such repatriations.

    Refugee Abuse.--The government required asylum applicants to 
provide documentation verifying their identity within 48 hours of 
completing their applications, and authorities refused to process the 
applications of asylum seekers who were unable to provide a credible 
justification for their lack of acceptable documents or show evidence 
of persecution. Authorities could detain uncooperative asylum seekers, 
subject to judicial review, for up to six months while adjudicating 
their applications. The government could also detain rejected 
applicants for up to three months to ensure their departure or up to 18 
months if repatriation posed special obstacles. They could detain 
minors between the ages of 15 and 18 years for up to 12 months pending 
repatriation. Authorities generally instructed asylum seekers to leave 
voluntarily. In cases where they refused to depart voluntarily, they 
could be forcibly repatriated.
    Amnesty International and other NGOs working with refugees 
continued to complain that detained asylum seekers often were 
effectively denied proper legal representation in deportation cases due 
to their lack of financial means to hire an attorney. Authorities 
provided free legal assistance only in cases of serious criminal 
offenses. The deportation of asylum seekers was deemed an 
administrative, rather than judicial, process.
    On February 3, Amnesty International, together with several locally 
operated NGOs, organized a campaign to advocate for better general care 
for asylum seekers. The campaign ended October 20.
    On August 31, press reports revealed that the Federal Office of 
Migration had willingly ignored processing up to 10,000 asylum requests 
from Iraqi citizens submitted to Swiss embassies in Egypt and Syria 
between 2006 and 2008. An independent investigation launched by the 
Ministry of Justice led to the dismissal of the director of the Federal 
Migration Office.
    The 2010 passage of a referendum on the automatic expulsion of 
foreigners convicted of serious crimes had not been enacted into law by 
year's end, although a working group established in 2010 presented 
suggested language for a draft law for public consideration on June 28, 
with a first review by parliament scheduled for early 2012.

    Temporary Protection.--By year's end the government provided 
temporary protection to 3,070 individuals, of whom 2,159 had not yet 
qualified as refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--On 
October 23, voters elected a new Federal Assembly in free and fair 
elections. On December 14, the newly elected Federal Assembly elected 
the seven-member Federal Council.

    Participation of Women and Minorities.--During the year there were 
51 women in the 200-person National Council (House) and eight women in 
the 46-member Council of States (Senate). Three female federal 
councilors and one female federal chancellor were reelected during the 
December 14 elections for the Federal Council.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented these laws effectively. There were 
isolated reports of government corruption during the year.
    Prior to the October 23 parliamentary elections, the lack of 
federal campaign financing regulations was widely discussed by the 
media and international observers. The global NGO Transparency 
International concluded during the year that political party funding 
practices remained opaque. On July 14, the Group of States against 
Corruption of the Council of Europe (GRECO) also voiced concerns about 
the limited transparency of political party funding. The country has no 
legal framework governing the funding of political parties, which left 
space for government corruption or favoritism. While OSCE observers 
criticized blurred practices in party funding during the parliamentary 
elections, they cited no specific cases.
    Members of the Federal Assembly must disclose their financial 
interests, professional activities, supervisory board or executive body 
memberships, and expert or consulting activities every year. 
Investigating and prosecuting government corruption is a federal 
responsibility. A majority of cantons also require members of cantonal 
parliaments to disclose their financial interests. A joint working 
group consisting of representatives of various federal government 
agencies operated under the leadership of the Federal Department of 
Foreign Affairs to combat corruption. In January the Swiss Federal 
Audit Office (SFAO) established an ombudsman office to provide 
government employees a safe and confidential avenue for reporting 
government corruption. Private individuals, as well as employees of the 
government, were able to submit personal or anonymous information in 
accordance with the Federal Personnel Act (in force since January) to 
report malfeasance.
    The constitution requires the government to inform the public about 
its activities, and government information was available to all persons 
living in the country, including foreign media. A transparency law 
provides for public access to government documents.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.

    Government Human Rights Bodies.--On May 5, the Federal Department 
of Foreign Affairs and the Federal Department of Justice and Police 
created a Swiss Competence Center for Human Rights (SCHR). The SCHR is 
a network of universities and human rights experts responsible for 
strengthening and supporting human rights capacities and bridging gaps 
between federal and cantonal authorities on human rights issues. The 
SCHR is organized on the basis of six themes: migration, police and 
justice, gender policy, child and youth policy, institutional issues, 
and human rights and business. It conducted training programs and 
offered continuing education on human rights best practices during the 
year. Since the SCHR only began functioning during the summer, a 
reliable assessment of its effectiveness or independence was not 
possible at year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, or social status. The government generally 
enforced these prohibitions effectively.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a statutory offense. The government effectively prosecuted those 
accused of such crimes. In 2011 there were 184 cases of rape recorded. 
In 2010 police recorded 543 instances of rape, compared with 666 in 
2009. Police solved 80 percent of those cases.
    Violence against women was a problem. In 2010 domestic violence 
claimed the lives of 19 women and seven men. Domestic violence is a 
statutory offense. A court may order an abusive spouse to leave the 
family home as a temporary measure. Stalking is also an offense. 
Victims of domestic violence could obtain help, counseling, and legal 
assistance from specialized government agencies and NGOs or from nearly 
a dozen private or government-sponsored hotlines. There were 17 
official women's shelters in 2010. Women's shelters experienced an 
average of 80 percent occupancy. The Interior Ministry's Federal Office 
for Equality between Women and Men employed a special unit that focused 
on domestic violence. Most cantonal police forces employed specially 
trained domestic violence units. A majority of cantons also had 
selected administrative units that coordinated the activities of law 
enforcement agencies, prosecutors, and victim assistance groups.
    Forced marriage is illegal but reportedly occurred, mainly in less 
integrated immigrant families, making detection and prosecution 
difficult. Its extent was unknown.

    Sexual Harassment.--The law prohibits sexual harassment and 
facilitates access to legal remedies for those who claim discrimination 
or harassment in the workplace; however, special legal protection 
against the dismissal of a claimant is only temporary. Employers 
failing to take reasonable measures to prevent sexual harassment are 
liable for damages equal to as much as six months' salary.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children and to have the information and 
means to do so free from discrimination, coercion, and violence. Health 
clinics and local health NGOs operated freely in disseminating 
information on family planning. There were no restrictions on access to 
contraceptives, and these measures were widely used. Compulsory basic 
health insurance covers the cost of routine examination during 
pregnancy and the costs related to childbirth. According to the Swiss 
Agency for Development and Cooperation, the maternal mortality rate in 
the country was five women per 100,000 live births in the country in 
2010. Men and women received equal access to diagnosis and treatment 
for sexually transmitted diseases.

    Discrimination.--Women enjoy the same rights as men under the 
constitution, including in family and property law, and in the judicial 
system. However, independent observers in 2010 claimed that some laws, 
as interpreted by the courts, were discriminatory. For example, the 
Federal Tribunal ruled that the primary wage earner in a divorce must 
retain sufficient income to remain above the poverty level. Since men 
were the primary wage earners in most marriages, a household income too 
low to support both parties could force the wife and children to resort 
to public assistance.
    The Federal Office for Gender Equality and the Federal Commission 
on Women worked to eliminate both direct and indirect gender 
discrimination. Many cantons and some large cities had equality offices 
to handle gender issues.
    Discrimination against women in the workplace is illegal, but women 
disproportionately held jobs with lower levels of responsibility. Women 
were promoted less frequently than men and were less likely to own or 
manage businesses.
    Under the constitution women and men are entitled to equal pay for 
equal work. In 2010 the median monthly income for women was 5,040 Swiss 
francs ($5,662), while men earned 6,248 Swiss francs ($7,011). A study 
published by the Federal Statistics Office in October 2010 indicated 
that in 2008 women's gross salaries in the private sector were on 
average 19 percent lower than salaries for men. In the public sector, 
women earned on average 15.5 percent less than men for the same work. 
In 2009 the government initiated a five-year review of corporate salary 
structures aimed at eliminating the pay gap between men and women in 
the private sector.

    Children.--Birth Registration.--Citizenship derives from one's 
parents, and citizenship may be derived from a single parent. Births 
are registered immediately, but there are no negative repercussions for 
delayed registration in cases of home delivery.

    Child Abuse.--Child abuse was a problem. In 2010 there were 1,723 
reported cases of sexual assault against children and 319 convictions. 
Most of the victims were girls under the age of 18, and most of the 
abuse took place in the family or the immediate social environment.

    Other Harmful Traditional Practices.--Female genital mutilation 
(FGM) is illegal, but according to NGOs the practice reportedly 
occurred in limited numbers. On September 14, both chambers of the 
Federal Assembly adopted a proposal to file FGM under its own paragraph 
in the penal code, with FGM violations punishable by up to 10 years' 
imprisonment.

    Sexual Exploitation of Children.--The production, possession, 
distribution, or downloading of pornography involving children from the 
Internet is illegal and carries fines or a maximum sentence of one year 
in prison. With limited exceptions, the law designates 16 as the 
minimum age of consensual sex. Consensual sex under the age of 16 is 
allowed in cases where one of the partners is not more than three years 
older than the other. The maximum penalty for statutory rape is 
imprisonment for 10 years.
    The law does not expressly prohibit prostitution by 16- and 17-
year-old minors under all circumstances, leaving these children 
potentially vulnerable to trafficking for commercial sexual 
exploitation.
    On August 18, the government announced the revision of its penal 
code to establish a legal basis to punish men who engaged in sexual 
acts with underage prostitutes. The penal code revision entered into 
force before year's end.

    Displaced Children.--During the year several NGOs expressed concern 
about reports of hundreds of unaccompanied foreign minors entering the 
country annually, claiming many disappeared from state care after 
arrival. Officials asserted that there had been only a few isolated 
cases of missing unaccompanied minors during the year. Statistics on 
this issue tended to be old or unreliable, with the last publicly 
released report issued in 2008. Nevertheless, several NGOs maintained 
that the problems in this regard were serious and that the care and 
registration of unaccompanied minors was insufficient.

    International Parental Abductions.--The country is a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--According to the 2000 census, the most recent 
official data available, there were 17,914 members of the Jewish 
community, which constituted 0.24 percent of the country's population. 
Based on 2010 polling, the largest Jewish communities were located in 
Zurich, Bern, and Geneva. In 2010 there were 104 anti-Semitic incidents 
in the western, French-speaking part of the country, five of which were 
considered serious offenses. The Geneva-based Intercommunity Center for 
Coordination against Anti-Semitism and Defamation (CICAD) and the Swiss 
Federation of Jewish Communities recorded 34 anti-Semitic incidents in 
the German and Italian portions of the country in 2010; data for the 
Romansh-speaking area was unavailable. The federation noted in its 
annual report that serious incidents, such as violent attacks against 
Jews and denials of the Holocaust, were rare.
    The law penalizes public incitement to racial hatred or 
discrimination, spreading racist ideology, and denying crimes against 
humanity.
    On February 23, three young men attacked the local rabbi's 
assistant in Lausanne. The group approached the man and asked whether 
he was Jewish. When he answered, they verbally assaulted him as ``dirty 
Jew'' and physically assaulted him. Police arrested two of the 
attackers; the third was not charged as he was found to have not 
actively engaged in the attack. All three were minors, and the two 
arrested individuals were charged according to the juvenile penal code. 
No information on their sentences was available.
    On July 1, the rightwing extremist group Geneve Non Conforme 
distributed posters in Geneva showing a doll wearing a Kippah and an 
Israeli flag shot by an arrow, which caused considerable public outrage 
in Geneva.

    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 federal law 
prohibit discrimination against persons with physical, sensory, 
intellectual, and mental disabilities in employment, education, access 
to health care, or the provision of other state services or other 
areas, and the government generally enforced the prohibition. The law 
mandates access to public buildings and government services for persons 
with disabilities, and the government generally enforced these 
provisions in practice.
    The Federal Equal Opportunity Office for Persons with Disabilities 
promoted awareness of the law and respect for the rights of the 
disabled through counseling and financial support for projects to 
facilitate their integration in society and the labor market.
    In October the Disabled Persons Federation criticized plans for new 
double-decker trains scheduled to start operations on interurban rail 
lines in 2013 for lack of handicap accessibility. The federation 
complained that entering the trains in a wheelchair was difficult, and 
the special cars for handicapped persons alienated them. According to 
the federation, the trains did not meet the standards as defined by the 
disabilities act. The federation appealed to the federal administrative 
court, where the case was pending at year's end.

    National/Racial/Ethnic Minorities.--Right-wing extremists, 
including skinheads, who expressed hostility toward foreigners, ethnic 
and religious minorities, and immigrants continued to be publicly 
active. Police estimated that the number of extremists remained steady 
at approximately 1,200. Statistics gathered by the Foundation against 
Racism and Anti-Semitism indicated that there were a total of 178 
incidents against foreigners or minorities reported in 2010, compared 
with 112 incidents recorded in 2009. These figures included instances 
of verbal and written attacks, which were much more frequent than 
physical assaults. Following the November 2010 adoption of the 
referendum on the automatic expulsion of foreigners convicted of 
serious crimes, left-wing protesters caused property damage at offices 
of the conservative Swiss People's Party (SVP). Authorities arrested 
some of the more violent protesters and charged them with willful 
property damage but released them the next day. On June 16, the Federal 
Commission against Racism released an analysis of incidents of ethnic 
discrimination in 2010 indicating that most were linked to 
sociopolitical events, such as the antiminaret referendum in 2009 or 
tensions in the country's relationship with Germany. Most victims were 
of Sub-Saharan African descent or from Central Europe, but many were 
Swiss citizens.
    In 2010 a network of seven counseling centers, including the 
National Commission against Racism, recorded 230 cases of racial 
discrimination. For the first half of 2011, the Foundation against 
Racism and anti-Semitism documented 51 cases.
    In December 2010 five men attacked a man of African descent on a 
tram in Basel. The perpetrators poured beer over the man and assaulted 
him verbally. As the victim tried to escape, the assailants punched him 
in the face. He suffered severe facial injuries, which required medical 
treatment. No arrests or investigations were reported by year's end.
    During the year the four main groups actively spreading racist 
ideology and engaging in anti-Semitic rhetoric were Geneve Non 
Conforme, Europaeische Aktion, the Lega dei Ticinesi, and the Party of 
Nationally Oriented Swiss (PNOS).
    On April 22, PNOS held its general meeting in Bern and announced 
its candidacy in the national elections. Party leaders adopted a 
platform to abolish naturalization and laws against racial 
discrimination. They also advocated for the country to withdraw from 
the U.N. International Convention on the Elimination of All Forms of 
Racial Discrimination.
    On June 24, several dozen right-wing extremists held a festival in 
the Canton of Neuchatel, which was attended by extremists from the 
region and by the Artam Brotherhood from neighboring France. Press 
photos of the festival showed individuals performing the Nazi salute.
    The government recognized the Jenisch as a minority group with 
approximately 35,000 residents in the country. A lack of proper camping 
facilities and transit areas reportedly forced many Jenisch to occupy 
land illegally. Between 2007 and 2011, the federal government allocated 
750,000 Swiss francs ($840,000) for measures and projects to improve 
living conditions for the Jenisch.
    In 2010 the Roma Foundation Zurich estimated that approximately 
50,000 Roma resided in the country. In 2010 the Federal Commission 
against Racism expressed concern about increasingly hostile attitudes 
against Roma and urged the cantons and municipalities to create new 
campsites and parking areas to eliminate systemic discrimination 
against them. On October 14, the NGO humanrights.ch asserted that the 
situation for itinerant people had not improved and that the living 
situation for those without permanent residence had worsened within the 
past two years due to cantonal and national restrictions.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There were occasional reports 
of societal violence or discrimination based on opposition to lesbian, 
gay, bisexual or transgender (LGBT) orientation.
    The law permits same-sex couples to have registered partnerships 
but does not allow them to adopt children. The ECHR has ruled that this 
constituted a violation of the European Convention on Human Rights.
    FGBT children from immigrant families, particularly from the 
Balkans, Turkey, and the Middle East, suffered serious reprisals, such 
as exclusion from their families.
    Representatives of LGBT organizations expressed grave concern that 
the country has no antidiscrimination law that applies to sexual 
orientation. In May the NGO Queeramnesty asked the government to create 
an official program to monitor violence against the LGBT community.

    Other Societal Violence or Discrimination.--There were occasional 
reports of discrimination against persons with HIV/AIDS. According to 
the Swiss Aids Federation, 84 complaints were submitted during the 
year. Most concerned employment discrimination or other discrimination 
in the workspace. To combat harassment and unfair behavior, the Swiss 
Aids Federation launched a campaign in December to sensitize against 
such types of discrimination.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law permits all workers, including foreigners, to form and join 
independent unions of their choice without previous authorization or 
excessive requirements. The law also allows unions to conduct their 
activities, including the right to strike, without interference; the 
government protected this right, which workers exercised in practice. 
There are no specific laws against antiunion discrimination and 
employer interference. The law does not require employers to offer 
reinstatement to an employee found to have been dismissed unjustly.
    Authorities effectively enforced laws protecting collective 
bargaining. However, collective bargaining agreements committed the 
social partners to maintain labor peace, thereby limiting the right to 
strike for the duration of the agreement, which generally lasts several 
years. The government may curtail the right of federal public servants 
to strike, but only for reasons of national security or to safeguard 
foreign policy interests. Public servants in some cantons and many 
municipalities were prohibited from going on strike. In practice 
employers at times unfairly dismissed trade unionists and used the 
legal system to limit legitimate trade union activities. Trade unions 
maintained that they had seen an increase in forms of repression 
against their employees. According to union sources, on two occasions 
union activists were beaten while carrying out union activities. In a 
July 8 incident, several trade union activists engaged in a 
demonstration against a local company. The interprofessional trade 
unionists, including a pregnant woman, were manhandled by private 
security in the wake of a press conference dealing with the closure of 
the company involved.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred. Women were trafficked for 
domestic labor; many victims were forced to work in salons or clubs.
    Also see 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 
government effectively enforced laws and policies to protect children 
from exploitation in the workplace; however, there were isolated 
reports of trafficking of children to beg and commit theft.
    The minimum age for full-time employment is 15. Children ages 13 
and 14 years may be employed in light duties for not more than nine 
hours per week during the school year and 15 hours at other times. 
Youth employment between the ages of 15 and 18 is also restricted; 
cantonal inspectors strictly regulated these provisions. Children are 
not permitted to work on Sundays, under hazardous conditions, or at 
night.
    The Economics Ministry monitored the implementation of child labor 
laws and policies, and cantonal labor inspectors were responsible for 
enforcement. Cantonal labor inspectors effectively inspected companies 
to determine whether there were violations of the child labor laws.

    d. Acceptable Conditions of Work.--There is no national minimum 
wage. Only some work contracts, covering approximately 40 percent of 
Swiss wage earners, included minimum wages, resulting in relatively low 
average wages for workers and employees in the clothing, hospitality, 
and retail industries. A majority of the voluntary collective 
bargaining agreements, reached on a sector-by-sector basis, contained 
clauses on minimum compensation, ranging from 2,200 to 4,200 Swiss 
francs ($2,348 to $4,482) per month for unskilled workers and 2,800 to 
5,300 Swiss francs ($2,988 to $5,656) per month for skilled employees. 
Official estimate of poverty income level were the following: 2,200 
Swiss francs ($2,348) for a single person, 3,800 Swiss francs ($4,028) 
for a single parent with two children, and 4,800 Swiss Francs ($5,088) 
for a family (with two children). Numbers varied slightly from canton 
to canton since costs of living varied.
    The law sets a maximum 45-hour workweek for blue- and white-collar 
workers in industry, services, and retail trades, and a 50-hour 
workweek for all other workers. Some professions such as taxi drivers 
or medical doctors are excluded. The law prescribes a rest period of 35 
consecutive hours, plus an additional half-day per week. Premium pay 
for overtime must be at least 25 percent; overtime is generally 
restricted to two hours per day. Annual overtime is limited by law to 
170 hours for those working 45 hours a week and 140 hours for those 
working 50 hours a week. The government effectively enforced these 
regulations.
    The law contains extensive provisions to protect worker health and 
safety. The Economics Ministry and cantonal labor inspectorates 
effectively enforced the law. Work-related injuries in 2010 included 
205,004 injured male workers and 61,835 female workers; statistics for 
2011 were not available.
    There were no special provisions or requirements for non-Swiss 
workers apart from their having to have a legal immigration status and 
a valid work permit. Once an individual obtained legal status, he could 
request a work permit.
    Immigrants may work and have the same rights as other workers. 
Asylum seekers were usually not allowed to work within the first three 
months of their ongoing asylum process, but in exceptional cases they 
could work as self-employed workers as needed. However, individuals 
without legal status or work permits were not permitted to work.

                               __________

                                 TURKEY

                           EXECUTIVE SUMMARY
    Turkey is a constitutional republic with a multiparty parliamentary 
system and a president with limited powers. In the June 12 
parliamentary elections, considered generally free and fair, the 
Justice and Development Party (AKP) formed a parliamentary majority 
under Prime Minister Recep Tayyip Erdogan. Civilian authorities 
generally maintained effective control of the security forces.
    The most significant human rights problems in the country during 
the year were:
    1. Deficiencies in effective access to justice: Broad laws against 
terrorism and threats to the state, political pressure, and 
inadequacies in the judicial system limited access to justice, as did 
lengthy pretrial detention and lack of transparency in the prosecution 
of cases related to state security. The time lag between arrests and 
presentation of indictments; leaks of information, evidence, or 
statements; restricted defense access to evidence put forward by the 
prosecution; and the secrecy of the investigation orders also fueled 
concerns about the effectiveness of judicial protections for suspects. 
The close connection between prosecutors and judges gave the appearance 
of impropriety and unfairness in criminal cases, while the broad 
authority granted to prosecutors and judges contributed to inconsistent 
and uncertain application of criminal laws. During the year the 
government adopted judicial reforms to speed up and improve judicial 
processes.
    2. Government interference with freedom of speech and press: The 
penal code and antiterror law retain multiple articles that restrict 
press freedom and public speech on politically and culturally sensitive 
topics. The arrest and prosecution of journalists, writers, and Kurdish 
intellectuals and political activists, coupled with condemnatory 
speeches by political leaders, had a chilling effect on freedom of 
expression. Politicians, including the prime minister, sued their 
critics for defamation at all levels. More than 100 journalists 
remained imprisoned at year's end, with most charged under 
antiterrorism laws or for connections to an illegal organization. 
Intellectuals, writers, journalists, and media outlets increasingly 
report practicing self-censorship to avoid prosecution, although the 
media continued to criticize government leaders and policies daily and 
in many cases adopted an adversarial role with respect to the 
government. The government and the courts limited access to a broad 
range of Web sites based on their content.
    3. Inadequate protection of vulnerable populations: The government 
did not effectively protect vulnerable populations, including women, 
children, and lesbian, gay, bisexual, and transgender (LGBT) 
individuals, from societal abuse, discrimination, and violence. 
Violence against women, including so-called honor killings and rape, 
remained a particularly significant problem. Child marriage persisted.
    Other significant human rights problems reported during the year 
included: Security forces committed unlawful killings. Demonstrations 
in the country's southeast and elsewhere related to the Kurdish issue, 
student's rights, and activities of the Higher Education Board (YOK) 
were marred by violence, and members of the security forces allegedly 
used excessive force. Prisons were overcrowded. Law enforcement 
officials did not always provide detainees immediate access to an 
attorney.
    The government investigated reports of abuse by security forces and 
other government officials, but the number of arrests and prosecutions 
was low, and convictions remained rare. Impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--Neither the 
government nor its agents committed politically motivated killings; 
however, security forces killed some individuals during the year.
    The domestic nongovernmental organization (NGO) Human Rights 
Foundation (HRF) alleged the police, military, and Jandarma, a 
paramilitary force under the joint control of the Ministry of Interior 
and the military and charged with policing rural areas, were 
responsible for 58 civilian deaths and 25 serious injuries during the 
year, primarily due to airstrikes or firearms. The HRF alleged that 
security forces caused the deaths of several persons during 
demonstrations.
    Reports from the security forces (military, Turkish National Police 
(TNP), and Jandarma) indicated that approximately 31 civilians were 
killed and 53 were injured in armed clashes related to the struggle 
against the Kurdistan Workers' Party (PKK) terrorist organization in 
the first 10 months of the year. Approximately 220 members of the 
security forces were killed and 475 were injured, and 303 alleged 
terrorists were killed and five were injured in the first 10 months of 
the year. Most of the clashes between terrorists and security forces 
occurred in the Southeast. The number of civilian deaths and injuries 
rose from 2010, while the number of security forces' deaths and 
injuries more than doubled.
    On December 28, military aircraft killed 34 civilians near the town 
of Uludere in an airstrike intended to kill members of the PKK. The 
government's investigation was underway at year's end.
    On May 31, during an anti-AKP government demonstration around the 
pre-election visit of Prime Minister Erdogan to Hopa, retired teacher 
Metin Lokumcu died of a heart attack. The Turkish Medical Association 
subsequently declared his death was caused by tear gas used by security 
forces. Human Rights Watch (HRW) reported in its 2011 country summary 
that doctors also documented injuries on individuals who reported being 
beaten and ill-treated by police during the demonstration's dispersal 
and in detention. Some police officers also sustained injuries, at 
least one seriously. In September seven demonstrators were acquitted of 
spreading terrorist propaganda. Five demonstrators remained on trial 
before the Hopa Court of First Instance for participating in an 
unlawful demonstration, resisting police, and damaging public property. 
An additional 28 persons remained on trial before the Ankara 11th High 
Criminal Court under allegations of membership in an illegal 
organization because they protested the death of Lokumcu. Ministry of 
Interior inspectors recommended prosecution of the subprovincial 
Jandarma commander and police chief in connection with the incident. 
The investigation into police mistreatment continued at year's end.
    There were continuing reports that security forces shot and killed 
civilians who refused to obey a warning to stop at checkpoints. The HRF 
reported that six persons died during the year specifically for 
refusing to stop, a decrease from the previous year. However, the 
Jandarma reported that there were no such deaths at checkpoints during 
the year.
    On July 19, the Jandarma fired approximately 500 bullets at two 
teenagers walking to their village in Samsun, killing 16-year-old 
Gokhan Cetintas. The Samsun deputy governor recommended the Ministry of 
Interior pay 21,683 lira ($11,730) as compensation to Cetintas's 
family. The unit commander was arrested but released until trial, which 
was pending at year's end. Human rights organizations continued to 
assert that the government's failure to clearly delineate in the law 
appropriate situations for the use of lethal force contributed to cases 
of disproportionate use of force. The Jandarma, however, reported that 
various laws and regulations define proportionate use and escalation of 
force and that security forces followed those rules.
    In September the Court of Appeals overturned on procedural grounds 
the June 2010 conviction of 21 suspects in the death of Engin Ceber, 
who died of a brain hemorrhage in 2008, reportedly as a result of a 
beating by security forces during detention and later by prison 
officials. Four of the 21 officials had received life imprisonment, the 
first time that state officials were sentenced to life imprisonment for 
causing death through torture. The case was pending retrial in a local 
court at year's end.
    On July 25, a juvenile court sentenced Ogun Samast to nearly 23 
years in prison for the 2007 killing of prominent human rights activist 
Hrant Dink. In his final testimony to the court, Samast blamed certain 
newspapers and columnists for inciting him to commit the crime. 
Prosecution of Samast on other charges continued at year's end.
    According to the Jandarma, land mines killed seven civilians and 27 
security personnel during the year. The HRF said that land mines and 
unattended explosives killed four civilians and injured 22 during the 
year.
    On several occasions throughout the year, the government used 
military aircraft to attack areas where the PKK terrorist organization 
was active in northern Iraq. According to press reports, fire from 
Turkish aircraft killed seven civilians in Iraq on August 21.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    There was a lack of progress on investigating previous cases of 
disappearances. The U.N. Office of the High Commissioner on Human 
Rights' Working Group on Enforced and Involuntary Disappearances 2010 
annual report stated that the country still had 61 unresolved 
disappearance cases.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, but 
there were reports that some government officials employed them. The 
government pursued efforts to ensure compliance with legal safeguards 
to prevent torture and mistreatment through its ongoing campaign of 
``zero tolerance'' for torture.
    Human rights organizations continued to report cases of torture and 
abuse, especially while the alleged victim was in police custody but 
not in a place of detention, during demonstrations, and transfer to 
prison. They alleged that torture and abuse largely occurred outside of 
detention centers in more informal venues where it was harder to 
document.
    Courts investigated allegations of abuse and torture by security 
forces during the year but rarely convicted or punished offenders. 
Authorities typically allowed officers accused of abuse to remain on 
duty during their trial.
    On October 12, students from primary and high schools in Mardin 
protested against violence at school. The Human Rights Association 
(HRA) reported the police intervened in the protest, hustled 19 
students into an abandoned minefield, beat the juveniles, and took them 
into police custody. The Mardin deputy governor informed the HRA that 
due to the incident one police officer was given a 16 months' 
suspension per the police organization statutes for ``acting and 
behaving in a way that affected the respect and trust required by his 
official title during his service.'' Human rights groups complained 
about the lack of a criminal investigation of torture in this case.
    The Council of Europe's Committee for the Prevention of Torture 
(CPT) on its fifth periodic visit to the country reported a continued 
downward trend in both the incidence and the severity of mistreatment 
by law enforcement officials. It also reported credible allegations of 
recent physical mistreatment mainly related to excessive use of force 
during apprehension. In response to the report, authorities issued a 
circular to all central and provincial police units, emphasizing the 
need to avoid mistreatment and excessive use of force.
    In its October progress report, the EU Commission reported that 
security forces frequently initiated counterclaims for resisting arrest 
against people who alleged torture or mistreatment and that such cases 
were often given priority in courts. Domestic human rights 
organizations agreed and claimed this practice deterred victims of 
abuse from filing complaints.
    On July 16, Fevziye Cengiz was taken into police custody because 
she did not have her identification card while at a nightclub with her 
husband in Izmir. Police took her into custody as her husband went to 
get her identification from the car. Cengiz filed a complaint with the 
Izmir Chief State Prosecutor's Office claiming abuse while in custody. 
The officers subsequently filed a complaint against Cengiz, and in 
September prosecutors charged her with ``injuring and insulting a civil 
servant'' and sought a sentence of up to six-and-a-half years in 
prison. On November 28, prosecutors charged the two police officers 
with ``using excessive force'' and requested a sentence of six to 18 
months. Cengiz's lawyers and human rights groups criticized the 
indictment, noting the police officers should be charged with torture 
and mistreatment. In December an official tape of her arrest was 
released to the media showing Cengiz being beaten and slapped by two 
police officers while handcuffed. After public outrage, the Izmir 
Governorship requested a Ministry of Interior investigation. The three 
police officers were reassigned to other positions and remained with 
the Izmir police. The case continued at year's end.
    The HRF received 419 new allegations of incidents of torture during 
the first 10 months of the year. Of these incidents, 187 allegedly 
occurred in the first 10 months of the year while 232 took place prior 
to 2011. A number of human rights observers claimed that only some 
detainees reported torture and abuse because many feared retaliation or 
believed that complaining was futile.
    The TNP reported that, in line with the government's ``zero 
tolerance for torture'' policy, it installed digital audio and video 
systems in 15 detention centers and testimony rooms during the year, 
bringing the total up to 63 out of more than 2,000 detention centers 
and testimony rooms.
    Human rights activists maintained that those arrested for ordinary 
crimes were as likely to suffer torture and mistreatment in detention 
as those arrested for political offenses such as speaking out against 
the government, although they were less likely to report abuse. They 
also noted that gay men and transvestites were subject to abuse and 
harassment by police on ``moral'' grounds.
    Human rights organizations documented cases of prison guards 
beating inmates. During the year three wardens and a prison director at 
Kalkandere Prison in Rize were arrested for beating and mistreating 
inmates. The trial was ongoing at year's end.
    On August 24, according to the HRF, an inmate filed a criminal 
complaint against officials at the Tekirdag prison in connection with 
the alleged June 2010 beating of three inmates for singing ``human 
dignity will overcome torture.'' As of year's end, authorities had not 
opened an investigation. After the complaint was filed, the three 
inmates were each allegedly given more than a month of solitary 
confinement.

    Prison and Detention Center Conditions.--Prison facilities remained 
inadequate, although conditions generally improved during the year. 
Overcrowding and underfunding were the major problems.
    The HRF reported 27 deaths of prison inmates and four deaths in 
detention through October. The Ministry of Justice reported that, as of 
October 25, 225 inmates had died in prison: 198 of natural causes, 26 
by suicide, and one killed by fellow inmates. The Turkish General Staff 
(TGS) reported there were no deaths of detainees or convicts in 
military prisons during the year.
    As of October 31, the Ministry of Justice reported the country had 
371 prisons with a designed capacity of 116,043 holding a total of 
127,074 inmates, including 36,429 in pretrial detention, 17,484 
convicted and awaiting appeal, and 73,161 convicted. As of October 31, 
3,768 inmates in pretrial detention were facing terrorism-related 
charges. The TGS reported 25 military prisons with a capacity of 5,300 
were holding a total of 850 prisoners, 694 of whom were arrestees with 
trials in progress.
    The CPT expressed serious concern about the inadequate provision of 
health care to prisoners and a dramatic shortage of doctors in prisons. 
According to the Civil Society in the Penal Punishment System 
Association (CISST), during the year the government made an improvement 
by attaching prison doctors to the Ministry of Health. The CISST 
reported that 240 arrestees or convicts were denied access to proper 
health services during the year, particularly those with paralysis or 
cancer, and called for them to be released or provided with hospital 
services in prison.
    Foreigners who claimed asylum after being detained by security 
forces were held in ``guest houses for foreigners'' operated by the 
Foreigners' Department of the TNP. The CPT delegation found major 
shortcomings in the detention centers for immigration detainees, 
including severe overcrowding, dilapidated conditions, and limited 
access to natural light and exercise. They reported few allegations of 
abuse by security officials at the detention centers.
    Detainees and convicts occasionally were held together. Inmates 
convicted of nonviolent, speech-related offenses were sometimes held in 
high-security prisons.
    In July 2010 the government amended the antiterror laws to prohibit 
prosecution of minors under the laws, reduce punishments for unlawful 
demonstrations and meetings, and allow for the release of minors who 
had previously been tried and convicted under the laws. The Ministry of 
Justice reported that in 2010, 1,023 children received convictions and 
857 received acquittals under various articles of the penal code, the 
Antiterror Law, and the Law on Demonstrations.
    As of October 31, there were 2,231 children in prison, including 
1,825 in pretrial detention. Human rights activists noted that 
children, particularly girls, were not fully separated from adults in 
all adult prisons. Prisoners and detainees had reasonable access to 
visitors and were permitted religious observance. Authorities permitted 
prisoners and detainees to see a judge once a month. Authorities at 
times investigated credible allegations of inhumane conditions but 
generally did not document the results of such investigations in a 
publicly accessible manner.
    The parliament's Human Rights Investigation Commission (HRIC) 
reported open authorization to visit and observe military prisons. The 
HRIC visited two civilian prisons and one military prison during the 
year. The government permitted prison visits by representatives of some 
international and domestic human rights organizations, although access 
remained difficult to obtain.
    The CPT visited PKK leader Abdullah Ocalan in Imrali Prison in 
January 2010. The CPT's report on the visit stated the conditions of 
imprisonment for Ocalan had improved compared with 2007. Ocalan's 
lawyers and family members last had access to him in July.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention. However, the government at times did not observe 
these prohibitions in practice.

    Role of the Police and Security Apparatus.--The TNP, under the 
control of the Ministry of Interior, is responsible for security in 
large urban areas. The Jandarma is responsible for specific border 
sectors where smuggling is common, although the military has overall 
responsibility for border control.
    A civil defense force known as the village guards, concentrated in 
the Southeast, was less professional and disciplined than other 
security forces. The village guards had been accused in past years of 
drug trafficking, corruption, theft, rape, and other abuses. Impunity 
remained a problem. During the year the government reduced the number 
of village guards to 45,081 from 47,854.
    The TNP and Jandarma received specialized training in areas 
including human rights and counterterrorism. Thousands of security 
personnel received human rights training as part of their ongoing 
training during the year. According to the government, the military 
emphasized human rights in training for both regular and 
noncommissioned officers. A total of at least 32 hours of human rights 
training was given to Jandarma officers, noncommissioned officers, and 
cadets during basic training courses. Each year the TNP provides 
training on human rights to one-fifth of all personnel. During the year 
the Public Order and Security Undersecretariat published a text on 
human rights and the fight against terrorism, providing instruction on 
compliance with the European Court of Human Rights (ECHR) 
jurisprudence, to be utilized in the Jandarma and TNP training courses.
    A total of 48 Jandarma personnel were dismissed during the year. 
The TNP reported that, as of October 25, 133 judicial or administrative 
investigations had been opened against TNP personnel for excessive use 
of force. One investigation resulted in a short-term block on 
promotions. Investigations were dropped in 95 incidents because there 
was ``no need to punish'' or prosecute. Investigations continued in 37 
incidents at year's end.

    Arrest Procedures and Treatment While in Detention.--Warrants 
issued by a prosecutor are required for arrests unless the suspect is 
caught in the commission of a crime. A suspect may be detained for 24 
hours, with prosecutorial discretion to extend the period to 48 hours, 
excluding transportation time, before being arraigned by a judge. 
Suspects must be told of the charges against them within 24 hours. A 
suspect cannot, under the law, be held arbitrarily or secretly. After 
arraignment, the judge may release the accused upon receipt of an 
appropriate assurance, such as bail, for crimes requiring punishments 
of up to three years. For more serious crimes, however, the judge 
decides either to release the defendant on his or her own recognizance 
or hold the suspect in custody prior to trial completion if there are 
specific facts which justify the suspicion that the suspect will flee, 
attempt to destroy evidence, or attempt to pressure or tamper with 
witnesses or victims. In practice judges often decided to keep suspects 
in detention when it did not appear necessary for the public interest, 
and the decision was often not clearly justified.
    The law provides that detainees are entitled to immediate access to 
an attorney and to meet and confer with an attorney at any time. The 
law also requires that the government provide indigent detainees with a 
public attorney in criminal cases where the defendant requests an 
attorney. In cases where the potential sentence is greater than five 
years, or where the defendant is a child or is disabled, a defense 
attorney is appointed even without the defense request. Detainees were 
generally allowed prompt access to family members. However, human 
rights organizations reported difficulties in helping families find out 
whether a relative had been detained because the government refused to 
release such information to the organizations or the families.
    Private attorneys and human rights monitors reported irregular 
implementation of these laws, particularly with respect to attorney 
access. According to a number of local bar associations, attorney 
access for detainees continued to vary widely across the country.
    Human rights observers noted that in most cases where a defendant 
could not afford an attorney, one was provided. However, in terrorism-
related cases an attorney was frequently not provided until after the 
suspect had been detained and interrogated by security forces. The HRA 
claimed that police often intimidated detainees who asked for 
attorneys, for example by telling them a court would assume they were 
guilty if they consulted an attorney during detention.
    By law, police and Jandarma may compel citizens to declare their 
identities without any cause.

    Arbitrary Arrest.--During the year police routinely detained 
demonstrators for a few hours at a time. Police detained more than 
1,000 members of the pro-Kurdish Peace and Democracy Party (BDP) on 
various occasions. Police also continued to detain and harass members 
of human rights organizations, media personnel, and human rights 
monitors, and to detain people on suspicion of ``membership in an 
illegal organization'' and for ``promoting terrorist propaganda.''
    In October 2010 the government began the trial of 153 persons, 
including several elected mayors, political party officials, and a 
human rights activist in Diyarbakir. The defendants were charged in a 
7,578-page indictment with disrupting the integrity of the state; being 
members and/or administrators of the Kurdistan Communities Union (KCK), 
the umbrella political organization of the PKK; and assisting and 
sheltering a terrorist organization, among other charges. HRW stated 
that the case raised concerns about the right of individuals to 
participate in political activities. The defendants' request to defend 
themselves in Kurdish instead of Turkish was denied by the court, which 
called Kurdish an ``unknown language.''
    The BDP reported that, from the time the anti-KCK operation and 
investigations began in 2009 until October 2011, police detained a 
total of 7,748 persons and, of these, arrested 3,895. The BDP also 
reported that between April and September alone, police detained 4,149 
persons, arresting 1,548.

    Pretrial Detention.--At the end of 2010, a new provision of the 
criminal procedure code came into effect that limited to 10 years the 
maximum length of time a person could be held for organized crime and 
terrorism-related offenses, and limited to five years the maximum 
length of time a person could be held for other offenses, including 
three one-year extensions. Lengthy detention before a verdict was 
generally a problem. Judges have ordered that some suspects be held for 
long periods or even indefinitely without trial but with the right to 
come before a judge each month. The Ministry of Justice reported that 
criminal cases averaged 384 days for completion. The Ministry of 
Justice also reported that, out of a total of 127,074 individuals 
imprisoned, 36,429 were in pretrial detention, 17,484 had been 
convicted and awaited appeal, and 73,161 had been convicted and were 
serving their sentences.
    The Council of Europe commissioner for human rights' 2011 report 
Administration of Justice and Protection of Human Rights in Turkey 
stated that in most cases judges failed to sufficiently reason their 
decision to extend detention in custody, state the exact grounds for 
suspicion in their decision, or evaluate specific evidence regarding 
the risk of absconding or interfering with the course of justice. The 
report noted that judges rarely accepted any dissenting grounds from 
the defense and that decisions to extend detention appeared almost 
automatic, with judges approving most requests without a detailed case 
file examination.
    Throughout the year prosecutors in Istanbul continued to arrest and 
indict prominent military, business, and media personalities on charges 
of plotting to foment unrest and topple the elected government as 
members of an alleged network known as ``Ergenekon.'' More than 250 
persons were indicted by year's end. Some opposition politicians, 
members of the press, and critics of the government considered many of 
the indictments to be politically motivated. According to journalists 
associations, 16 of those imprisoned in connection with the Ergenekon 
case were journalists. Most of the defendants were held in pretrial 
detention. Dozens of defendants have been held for long periods, a 
common practice in the country, although some were released pending 
trial during the year. Since the investigation began in 2007, there 
have been no convictions in the case, and trials continued at year's 
end.
    On December 16, the first session of a trial of 195 suspects in the 
alleged ``Sledgehammer'' coup plan began. The suspects, who included 
active duty military generals and civilians, were accused of 
obstructing the government and plotting to overthrow it. Most remained 
in pretrial detention. Some observers saw this trial as politically 
motivated, while others saw it as bringing to justice those who 
attempted to overthrow the government. Since the investigation began in 
2010, there have been no convictions in this case, and the trials 
continued at year's end.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary. However, the judiciary was occasionally subject 
to outside influence. The law prohibits the government from issuing 
orders or recommendations concerning the exercise of judicial power.
    The High Council of Judges and Prosecutors (HSYK) selects judges 
and prosecutors for the country's courts and is responsible for court 
oversight. The constitution provides tenure for judges, but the HSYK 
controls the careers of judges and prosecutors through appointments, 
transfers, promotions, expulsions, and reprimands.
    Critics asserted that the government used its influence among 
judges and prosecutors to ensure the election of handpicked candidates 
to the HSYK and contended the president, a former member of the ruling 
party, would be likely to select pro-government candidates as well.
    The close connection between public prosecutors and judges gave the 
appearance of impropriety and unfairness in criminal cases. Prosecutors 
and judges studied together before being assigned by the HSYK. Once 
appointed they were often housed together, frequently shared the same 
office space, and often worked in the same courtroom for many years.
    The associations also noted that public defense attorneys undergo 
less rigorous training than their prosecutorial counterparts and are 
not required to take an examination to demonstrate a minimum level of 
expertise.
    Constitutional amendments adopted in 2010 allow individuals to 
apply directly to the Constitutional Court for redress starting in 
September 2012. Previously, only the lower courts, the president, and 
under certain conditions, members of parliament could apply to the 
court.
    The constitution provides for the trial of military personnel in 
civilian courts if their alleged crime was committed against the state, 
constitutional order, or the functioning of constitutional order. The 
constitution also provides for civilian judicial review of decisions of 
the Supreme Military Council.
    According to an Amnesty International report during the year, 
criminal defendants faced protracted and unfair trials, especially for 
violations of antiterror laws. The report also asserted that 
convictions under antiterror laws were often based on unsubstantiated 
or unreliable evidence.

    Trial Procedures.--Defendants enjoy a presumption of innocence. 
Courtroom proceedings are public for all cases except those involving 
minors as defendants. Court files, which contain the indictment, case 
summaries, judgments, and other court pleadings are closed to everyone 
other than the parties to a case, making it difficult to obtain 
information on the progress or results of court cases. There is no jury 
system, and a judge or a panel of judges decides all cases. Defendants 
have the right to be present at trial and to consult with an attorney 
in a timely manner. Defendants or their attorneys can question 
witnesses for the prosecution and, within limits, present witnesses and 
evidence on their behalf. Defendants and their attorneys have access to 
government-held evidence relevant to their cases. Defendants enjoy the 
right to appeal, although appeals generally took several years to 
conclude.
    International human rights organizations and the European 
Commission's October progress report stated the courtroom structure and 
rules of criminal procedure give an unfair advantage to the 
prosecution. Prosecutors enter the courtroom through the same door as 
the judge; defense attorneys enter through a separate door. Prosecutors 
sit at an elevated desk at the same level as that of the judge; the 
defense sits at floor level.
    Defendants sometimes waited several years for their trials to 
begin. Subsequently, trials often last several years. Proceedings 
against security officials often were delayed because officials did not 
submit statements promptly or attend trials. In spring 2011, the 
government adopted judicial reform packages intended to speed up and 
improve judicial processes.
    While the law prohibits the use in court of evidence obtained by 
torture, prosecutors in some instances failed to pursue torture 
allegations, forcing defendants to initiate a separate legal case to 
determine whether the inclusion of evidence was lawful. Human rights 
organizations reported that, in such instances, the primary case 
frequently was concluded before the secondary case was decided, leading 
to unjust convictions.

    Political Prisoners and Detainees.--The HRA asserted that several 
thousand political prisoners from all parts of the political spectrum 
existed, although the government did not distinguish them as such. The 
government claimed that alleged political prisoners were in fact 
charged with being members of, or assisting, terrorist organizations.
    According to the Ministry of Justice, as of October 31, 3,884 
suspects were in pretrial detention, 3,768 convicted, and 365 convicted 
and awaiting appeals on terrorism-related charges.

    Regional Human Rights Court Decisions.--Article 90 of the 
constitution states that ``in the case of a conflict between 
international agreements in the area of fundamental rights and 
freedoms... the provisions of international agreements shall prevail.'' 
Individuals may appeal alleged violations of human rights by the state 
to the ECHR after all avenues for a remedy in the domestic legal system 
have been exhausted. The country's courts are subject to the 
jurisdiction of the ECHR, whose decisions bear the force of law and 
take precedence over case decisions from the Court of Appeals or 
Constitutional Court.
    According to the European Commission's October progress report, 
Turkey has abided by the majority of ECHR rulings but has not followed 
up some rulings for several years. These included decisions related to 
depriving defendants of liberty for several years without due process 
of law; repetitive prosecution and conviction of conscientious 
objectors; as well as other issues related to controlling the 
activities of security forces, effective remedies against abuse, 
restrictions on freedom of expression, and excessive length of pretrial 
detention.
    During the year the Ministry of Justice created a new human rights 
office to facilitate implementation of the country's obligations under 
the ECHR.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. The law provides that all 
citizens have the right to file a civil case for compensation for 
physical or psychological harm suffered, including for alleged human 
rights violations. Individuals should be able to apply directly to the 
Constitutional Court for redress starting September 12, 2012.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution protects the ``secrecy of private 
life'' and states that people have the right to demand protection and 
correction of their personal information and data.
    The law allows for telephone tapping with a court order. Only the 
country's telecommunication agency is authorized to tap telephones, and 
only when presented with a court order directed against alleged drug 
traffickers, organized crime members, and terrorists. There were 
occasional complaints by individuals and public figures, including 
higher court members and politicians, that their telephones were 
illegally tapped without a court order.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--International and domestic human rights organizations noted 
particular concern with an overly broad definition of terrorism under 
the antiterror law and the disproportionate use of the antiterror law 
against journalists and writers. They also emphasized that the penal 
code contains multiple articles that directly restrict press freedom 
and free speech, including provisions on praising a crime or criminal, 
inciting the population to enmity or hatred and denigration, and 
protecting the public order; providing protection of the 
confidentiality of investigations; attempting to influence the 
judiciary; insulting the Turkish nation, the republic, and organs and 
institutions of the state; and discouraging individuals from doing 
their military service. Committing some of these acts through the press 
or other publications is also considered an aggravating circumstance 
and increases the punishment by half. The press law and the law on the 
protection of Ataturk are also used to restrict freedom of expression.

    Freedom of Speech.--Individuals in many cases could not criticize 
the state or government publicly without risk of civil or criminal 
suits or investigation, and the government continued to restrict 
expression by people sympathetic to some religious, political, and 
Kurdish nationalist or cultural viewpoints. Active debates on human 
rights and government policies continued in the public sphere, 
particularly on problems relating to political Islam, Kurds, and the 
history of the Turkish-Armenian conflict at the end of the Ottoman 
Empire. However, many who wrote or spoke on such topics risked 
investigation, although there were fewer such cases than in previous 
years.
    Article 301 of the penal code criminalizes insults to the Turkish 
nation, but use of this article continued to decrease. According to the 
Ministry of Justice, the minister received 305 complaints concerning 
Article 301 during the year and rejected 297 of them. The minister gave 
permission for the remaining eight cases to proceed.
    Throughout the year, police and the judiciary increased pressure on 
members of the BDP. Human rights activists and party officials claimed 
that authorities were continuing to prosecute more than 4,000 cases 
against Kurdish politicians at year's end. Most members were 
investigated and prosecuted for alleged ties to the KCK, or for making 
statements critical of the government or in support of the PKK or its 
leader, Abdullah Ocalan.
    Diyarbakir mayor Osman Baydemir continued to face multiple 
administrative, civil, and criminal charges and investigations for use 
of the Kurdish language, spreading terrorist propaganda, and promoting 
terrorism. During the year prosecutors opened 13 new investigations or 
cases against Baydemir. Most of the cases involved Baydemir's 
expression of his political views or speaking Kurdish at public events. 
During the year he received at least two acquittals and four 
convictions but he remained in his position as mayor. Many cases and 
appeals were pending at year's end. For example, in February the Ankara 
10th Civil Court of First Instance ordered Baydemir to pay 30,000 lira 
($16,800) in compensation to Prime Minister Erdogan for a 2009 
statement that ``We tell the ones who divide us into hawks and doves to 
go to hell,'' which the court decided constituted an attack on 
Erdogan's ``personal rights.'' The appeal was pending at year's end.
    The provision of legal interpretation services is limited to 
situations where a defendant does not have sufficient command of 
Turkish to defend himself or herself or where the defendant or victim 
is disabled. In December 2010 a Diyarbakir court rejected a request by 
17 defendants to defend themselves in Kurdish while they stood trial 
for supporting of terrorism after returning from Iraq in 2009. However, 
a Sanliurfa court the same month allowed defendants to defend 
themselves in Kurdish. Inconsistent court decisions regarding the use 
of languages other than Turkish were prevalent throughout the country.

    Freedom of Press.--The country had active privately owned print 
media. Hundreds of private newspapers spanning the political spectrum 
appeared in numerous languages, including Kurdish, Armenian, Arabic, 
English, and Farsi. However, authorities routinely censored media with 
pro-Kurdish or leftist content, particularly in the southeast, by 
confiscating materials or temporarily closing down the media source. 
According to the TNP, authorities confiscated 70 books and periodicals, 
28 of them within the framework of the antiterror law.
    The Turkish Radio and Television Corporation is a government-funded 
semi-autonomous body. The High Board of Radio and Television (RTUK) 
registered and licensed a large number of privately owned television 
and radio stations which operated at local, regional, and national 
levels. In addition, privately owned television channels operated on 
cable networks, and the RTUK granted 11 television and radio 
enterprises broadcast permits necessary for operation. The wide 
availability of satellite dishes and cable television allowed access to 
foreign broadcasts, including several Kurdish-language private 
channels. Most media were owned by large, private holding companies 
that had a wide range of outside business interests. The concentration 
of media ownership influenced the content of reporting and limited the 
scope of debate.
    In addition to Turkish, the RTUK allowed radio and television 
stations to broadcast in Arabic, Armenian, Assyrian, Bosnian, 
Circassian, Laz, and Kurdish (both the Kurmanci and Zaza dialects) 
during the year.

    Violence and Harassment.--Prosecutors continued to bring dozens of 
cases against writers, journalists, and political figures under various 
laws that restrict media freedom. Authorities at times also ordered 
raids on newspaper offices, closed newspapers temporarily, issued 
fines, or confiscated newspapers for violating speech codes. Despite 
government restrictions, the media criticized government leaders and 
policies daily and in many cases adopted an adversarial role with 
respect to the government. On December 20, Reporters without Borders 
noted operations that ``flout the right to the confidentiality of 
sources'' of journalists and insisted that Turkish authorities ``must 
stop trying to criminalize journalism, including politically committed 
journalism.'' The independent news entity BIANET reported that, at the 
end of the year, there were 104 imprisoned journalists, most in 
pretrial detention, 17 of whom were editors in chief. They also 
reported the imprisonment of 30 distributors. Most of these journalists 
were charged under antiterror laws. Observers reported government 
officials and state bureaucrats made statements throughout the year 
that appeared intended to influence the independence of the media.
    According to media reports, as of year's end more than 5,000 cases 
were pending against journalists for breaching the confidentiality of 
criminal investigations or attempting to influence judicial bodies, 
including many related to the Ergenekon investigation.
    During the year ideologically motivated attorneys and prosecutors 
filed numerous civil and criminal complaints against authors and 
publishers.
    In March the Court of Appeals sentenced Nobel Laureate Orhan Pamuk 
to pay 6,000 lira ($3,200) in nonpecuniary damages to six persons for 
``violation of one's personality'' by having said in a Swiss 
publication in 2005, ``We have killed 30,000 Kurds and one million 
Armenians.'' The Court of Appeals insisted that one's personality 
included such concepts as ``professional identity, honor, dignity, 
race, religion and nationality, as well as feelings of belonging to a 
nation.''
    On March 2, the Court of Appeals overturned the 2010 decision of a 
lower court to sentence Vedat Kursun, former editor in chief of the 
Kurdish-language newspaper Azadiya Welat, to 166 years in prison for 
membership in a terrorist organization and violating antiterror laws in 
connection with 102 articles he had written in 2007 and 2008 and 
ordered a rehearing. In June the Diyarbakir Fifth Heavy Penal Court 
sentenced him to 10 years and six months' imprisonment. The appeal was 
pending at year's end.
    On March 10, an Istanbul Heavy Penal Court sentenced writer Nur 
Mehmet Guler to 15 months' imprisonment and publisher Ragip Zarakolu to 
a 16,000 lira ($9,000) fine for contributing to the ``propaganda of an 
illegal terrorist organization'' under the antiterror law for a book 
entitled the KCK File. The case was pending appeal at year's end. On 
September 30, a case was opened against Zarakolu for publishing another 
book about the Kurdish issue. The case continued at year's end. 
Separately, in November Zarakolu was arrested and imprisoned in 
conjunction with the KCK book case.
    On December 28, an Ankara court continued the case against 
publisher and writer Temel Demirer for a statement he made after the 
2007 Dink killing that ``Hrant Dink was not killed for being Armenian 
but for recognizing the genocide.'' The case continued at year's end.
    On September 9, an Istanbul court accepted an indictment against 
journalists Nedim Sener and Ahmet Sik and 12 other persons for 
supporting a terrorist network accused of plotting a coup related to 
the Ergenekon trial. The indictment sought 15 years' imprisonment. On 
January 23, the Istanbul 16th Heavy Penal Court rejected the motion for 
Sener and Sik to be released from prison until the completion of the 
trial. During the year Sener and Sik were charged in other cases for 
crimes such as ``influencing the judiciary'' or ``violating the 
confidentiality of an investigation'' and acquitted..

    Censorship or Content Restrictions.--Printing houses were required 
to submit books and periodicals to prosecutors at the time they were 
published. The TPA reported that publishers often avoided works with 
controversial content in order to stay out of court. It also reported 
that the prohibition and recall of books remained a concern. Several 
publications were recalled pending a final court decision during the 
year.
    During the year authorities continued to file numerous cases 
against publications under antiterror laws. The HRF reported that the 
laws contain an overly broad definition of offenses that allows 
ideologically and politically motivated prosecutions. The Istanbul 
Heavy Penal Court Number 12 ruled to stop the publication of the daily 
Kurdish Azadiya Welat newspaper for 15 days beginning June 13, and 
ordered the confiscation of the June 12 issue, based on alleged 
terrorist organization propaganda. At least 10 Azadiya Welat 
journalists were also imprisoned on terrorism-related charges by the 
end of the year. The Istanbul Heavy Penal Court Number 14, on July 8 
decreed a one-month ban on the Ozgur Gelecek newspaper for an interview 
in its July 8-21 issue with a regional commander of the TKP/ML-TIKKO, 
which the government considers a terrorist organization.
    Writers and publishers were subject to prosecution on grounds of 
defamation, denigration, obscenity, separatism, terrorism, subversion, 
fundamentalism, and insulting religious values. According to the TPA, 
authorities investigated or continued court cases against dozens of 
publications and publishers during the year.
    On December 13, an Istanbul penal court held the third hearing of a 
November 30 indictment of the Metis Publishing House and seven 
defendants for publishing a 2010 Illallah (I've Had Enough) calendar 
allegedly ridiculing religious values. The calendar includes quotes 
from intellectuals such as George Bernard Shaw, Umberto Eco, Fyodor 
Dostoyevski, James Joyce, Albert Einstein, Bertrand Russell, and 
Galileo Galilei. The case was ongoing at year's end.
    Human rights activists and the media reported that authors 
increasingly practiced self-censorship to avoid prosecution. Observers 
also reported that, with the consolidation of media outlets into a few 
media conglomerates with other business interests, media entities 
increasingly practiced self-censorship in order for such conglomerates 
to remain eligible for government contracts. Journalists reported media 
outlets went as far as firing some individuals for being too 
controversial or adversarial with the government over fears of 
jeopardizing other business interests.

    Libel Laws/National Security.--Observers reported that government 
officials used defamation laws to stop political opponents from voicing 
criticism, particularly during the June 12 parliamentary election 
campaign.

    Publishing Restrictions.--Media activists reported the Ministry of 
Culture sometimes denied approval of a barcode required for all 
publications as a means of censorship.

    Internet Freedom.--The government maintained extensive restrictions 
on Internet access. The Internet law allows the government to prohibit 
a Web site if there is sufficient suspicion that the site is committing 
any of eight crimes: insulting Ataturk; engaging in obscenity, 
prostitution, or gambling; or encouraging suicide, sexual abuse of 
children, drug abuse, or provision of substances dangerous to health. 
Upon receiving a complaint or as a result of personal observations, a 
prosecutor may request that a judge prohibit access to the offending 
site or, in an urgent situation, the Telecommunication Internet 
Presidency (TIB) may prohibit access while the complaint is examined. 
In either case, a judge must rule on the matter within 24 hours. 
Following a judicial decision to uphold the complaint, the Internet 
service provider (ISP) must block access within 24 hours. If the judge 
does not approve the block, the prosecutor must ensure access is 
restored. ISP administrators may face a penalty ranging from six 
months' to two years' imprisonment for failing to comply with a 
judicial order. The law also allows people who believe a Web site 
violates their personal rights to request the TIB to order the ISP to 
remove the offensive content. The antiterror law and other sections of 
the penal code were also used to block Web sites.
    There were no official figures on the number of blocked Web sites. 
However, Engelliweb, an NGO working on Internet freedom issues, 
reported that, as of December 31, authorities had blocked 15,595 Web 
sites, more than doubling the number reported in 2010. The Information 
Technologies Institute (BTK) reported 81 percent of the sites that were 
blocked contained pornography.
    On September 21 an Ankara Heavy Penal Court ruled to bar access to 
16 Kurdish-related Web sites, including welat.org and firatnews.org, as 
well as Kurdish video and radio Web sites, such as medciwan.com.
    In 2010 the TIB banned Playboy magazine's Web site without a court 
order, based on ``a legal evaluation'' of the Internet law on 
obscenity. The ban remained in force at year's end.
    The BTK reported there were 25,850 Internet cafes in the country. 
Internet cafes were primarily used by young people. Under the Internet 
law, mass use providers, including Internet cafes, can only operate if 
they are granted an official activity certificate obtained from a local 
authority representing the central administration. The providers are 
required to deploy and use filtering tools approved by TIB. Providers 
who operate without official permission face administrative fines. As 
of December Internet activists reported that more than one million Web 
sites were blocked in Internet cafes in the country. The Web sites for 
many mainstream LGBT organizations were among those blocked, including 
the Kaos GL news portal.
    Additional Internet restrictions were applied in government and 
university buildings. On September 21, parliamentarian Aylin Nazliaka 
submitted a parliamentary question to the prime minister challenging 
blocked access to the LGBT sites of Kaos GL and Lambda Istanbul from 
Internet stations at the parliament building. Both organizations were 
on the ``black list'' of forbidden sites issued by TIB.
    In August, after significant public and international protest 
against a mandatory filter, the government revised a plan to introduce 
a regulation of the principles and procedures for safe usage of the 
Internet. In November the BTK implemented a nonmandatory filter, with 
two voluntary options, for ``child'' and ``family.'' Civil society 
organizations continued to criticize the program, both for the 
government's involvement in deciding what is appropriate for family or 
child use on the Internet, and a lack of transparency into the criteria 
used to block sites. The Alternative Information Association opened a 
case at the State Council against the new regulation stating the BTK 
was not entitled to make such a decision.
    Government authorities on occasion accessed Internet user records 
to ``protect national security, public order, health, and decency'' or 
to prevent a crime. Police must obtain authorization from a judge or, 
in emergencies, the ``highest administrative authority'' before taking 
such action and generally did so in practice.

    Academic Freedom and Cultural Events.--Government restrictions on 
freedom of speech at times limited academic freedom and cultural 
events. Some academics and event organizers stated they practiced self-
censorship on sensitive topics. Human rights and students groups 
continued to criticize constraints placed on universities by law and by 
the actions of YOK that limits the autonomy of universities in 
staffing, teaching, and research policies and practice.
    In August the government issued a decree with the force of law that 
changed the process of appointment to the Turkish Academy of Sciences 
(TUBA). Previously, TUBA members reviewed and elected all new 
scientists to join as members. With the new decree, TUBA members will 
elect one-third of the members, YOK will assign one-third of the 
members, and the Cabinet of Ministers will assign one-third of the 
members. Leading academics and scientists criticized the change as a 
politicization of scientific endeavors that will eliminate scientific 
autonomy and undermine scientific standards. Half of the 138 TUBA 
members resigned in protest.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly. However, the 
government required significant prior notification for gatherings and 
in some cases restricted meetings to designated sites.
    The HRF reported that security forces killed six persons during 
demonstrations, an increase from the previous year. There were reports 
that police beat, abused, or harassed demonstrators during the year. 
The HRF reported that police detained 1,916 and arrested 293 persons 
involved in demonstrations during the year. The detentions varied in 
length from several hours to several days. HRW criticized the arbitrary 
use of terrorism laws to restrict freedom of expression and assembly 
and to punish demonstrators as though they were armed militants.
    Human rights organizations reported that arrests of students 
involved in peaceful political protests discouraged students from some 
political activities. On October 6, an Istanbul court decided to try on 
release (similar to release on their own recognizance) Ferhat Tuzer and 
Berna Yilmaz, after 17 months of pretrial detention stemming from 
charges of ``membership in an illegal organization.'' The two had 
opened a banner during a speech of Prime Minister Erdogan at a Romani 
meeting in Istanbul in March 2010 that read, ``We want free education 
and we will get it.'' The case continued at year's end.
    Public events in March celebrating the Nevruz holiday were 
generally peaceful. The European Commission's October progress report 
noted that demonstrations in the southeast of the country and in other 
provinces related to the Kurdish issue, student's rights, the 
activities of YOK, and trade union rights were marred by violence, 
including incidents of the use of excessive force by security forces.
    A number of symbolic public events took place on April 24 to 
commemorate events relating to the Armenian issue and the tragic events 
of 1915. The gatherings were peaceful and received police protection 
where necessary.

    Freedom of Association.--While the law provides for freedom of 
association, the government maintained several restrictions on this 
right in practice.
    Under the law people organizing an association do not need to 
notify authorities beforehand, but an association must provide 
notification before interacting with international organizations or 
receiving financial support from abroad and must provide detailed 
documents on such activities. Representatives of associations stated 
this placed an undue burden on their operations.
    According to the Third Sector Foundation of Turkey, an advocacy 
NGO, the criteria for NGOs to obtain public benefit status entitling 
them to certain tax exemptions were restrictive and complicated. 
Applications for public benefit status must be approved by the Council 
of Ministers. The law does not allow applicants to appeal if their 
petitions are rejected.

    c. Freedom of Religion.--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; however, at times the government limited these rights in 
practice. The government generally cooperated with the Office of the 
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations to provide protection and assistance to internally 
displaced persons, refugees, returning refugees, asylum seekers 
awaiting resettlement to third countries, stateless persons, and other 
people of concern. While the country signed the 1951 U.N. Refugee 
Convention and its 1967 protocol, the government ratified the protocol 
with a geographic limitation acknowledging refugees only from Europe. 
While most asylum seekers are thus not considered refugees under 
Turkish law, the government grants temporary asylum to UNHCR-recognized 
refugees. Refugees were assigned to satellite cities where they 
received services from and were the responsibility of provincial 
governorates. They needed permission from local authorities to travel 
to Istanbul or Ankara, including for meetings with the UNHCR or 
resettlement agencies.

    In-country Movement.--The constitution provides that only a judge 
may limit the freedom to travel, and only in connection with a criminal 
investigation or prosecution. The government maintained roadway 
checkpoints in the southeast, where it maintained a heavy security 
presence, but it reduced their number substantially compared with 2010.
    At times the terrorist PKK blocked roads, set up checkpoints, and 
kidnapped civilians and government authorities in southeastern 
provinces. In one such example in September, a group of armed PKK 
terrorists in the province of Siirt randomly stopped vehicles and 
subsequently kidnapped and killed Abdullah Ozturk.
    The government assigns asylum seekers and UNHCR-recognized refugees 
in Turkey to one of more than 50 cities and to the responsibility of 
the respective provincial authorities. Restrictions on moving from that 
city have economic as well as social consequences as local officials 
have significant discretion in working with refugees and NGOs, and 
their response varied widely.
    Asylum seekers are requested to register with Turkish authorities 
to legalize their temporary stay in the country. The UNCHR reported 
that, as there is no local integration prospect for refugees in Turkey 
and voluntary repatriation is currently not the best alternative 
solution for the present caseload, resettlement is often the only 
available solution for individuals in need of an immediate durable 
solution. A refugee accepted by a third country for resettlement needs 
to obtain exit permission before leaving Turkey. In the past, such 
permission was withheld until the individual paid a pending residence 
permit fee and any possible accumulated fines. In 2010 the Ministry of 
Interior issued a circular encouraging governorates under the relevant 
article of the legislation to favorably consider exemption from these 
fees whenever the refugee is not financially in position to pay. While 
the implementation is not yet uniform in every single location, the 
2010 circular explicitly refers to the previous difficulties in 
refugees and asylum seekers exiting Turkey. Since the circular was 
issued, the UNCHR reported that in general the previous difficulties 
some refugees had in obtaining exit permits had been almost completely 
removed. No data was available at year's end regarding the number of 
waivers granted.

    Internally Displaced Persons (IDPs).--Fighting between security 
forces and the terrorist organization PKK, which began in 1984 and 
continued during the year, resulted in hundreds of thousands of 
citizens, the vast majority of whom were Kurds, living as IDPs in the 
country. The Internal Displacement Monitoring Center reported as many 
as 1.2 million, while some human rights groups put the number 
significantly higher. Many IDPs settled permanently in cities in the 
west, especially around Izmir and Istanbul, but some faced 
discrimination and limited opportunities. According to the TNP, a total 
of 187,861 citizens had returned voluntarily to their villages in the 
Southeast as of October, although many more did not return due to 
continued insecurity and concerns about the presence of village guard 
militias, landmines, and lack of basic social services and economic 
opportunities in the region.
    The law allows persons who suffered material losses due to actions 
by the PKK or security forces during the conflict with the PKK to apply 
to the government for compensation. The EU Commission's October 
progress report stated that since 2008 the government had made progress 
on compensating for losses due to terrorism and the fight against 
terrorism, but it noted payment delays. Rejected applicants for 
compensation appealed government decisions in administrative courts, 
and several of them applied to the ECHR. Local NGOs and regional bar 
associations maintained that the law included unreasonable 
documentation requirements and awarded levels of compensation far below 
standards established by the ECHR.
    Voluntary and assisted resettlement continued. In a few cases, IDPs 
could return to their former homes, while in other cases centralized 
villages were constructed. The Jandarma reported that, as of October, 
it had provided compensation totaling 2.6 billion lira (approximately 
$1.4 billion) for losses stemming from the fight against terrorists.

    Protection of Refugees.--Access to Asylum.--An administrative 
regulation provides for the granting of asylum or refugee status. The 
country accepts its obligations under the 1967 Protocol relating to the 
Status of Refugees only with respect to refugees from Europe. During 
the year the Ministry of Interior conducted a parallel refugee status 
determination process subsequent to the UNHCR's determination and 
affirmed the latter's decisions in nearly all cases. The law does not 
have a strict time limit for asylum seekers or require them to present 
a valid identity document.
    The UNHCR reported successful interventions in most cases where 
asylum seekers arrived lawfully in the country after transiting one or 
more other countries. It also reported improved access during the year 
to persons in detention who wished to apply for asylum and persons 
seeking asylum while they were in the international areas of the 
country's airports. The UNCHR reported disembarkation of stowaways 
still presented a challenge.
    While most asylum seekers in the country cannot be considered 
refugees under Turkish law, the law requires that the government grant 
temporary asylum to persons declared refugees by the UNHCR.

    Nonrefoulement.--The UNCHR reported one Iraqi prima facie refugee 
was deported to Iraq after he was apprehended in Greece and readmitted 
to Turkey. The UNHCR sometimes had difficulty gaining access to 
interview potential refugees who had already been detained or arrested 
by security forces for illegal entry into the country.
    The government's visa policies generally facilitated easy entry.
    In general, Iraqi citizens were able to obtain a 90-day tourist 
visa upon arrival at the border gates in Turkey. Denial of entry to 
Turkey is possible if a foreigner has violated visa policy and exceeded 
visa time limits during a previous stay in the country. Apart from 
these cases, the UNCHR reported no denial of visa or entry during the 
year.

    Refugee Abuse.--The government detained refugees and asylum seekers 
who entered the country illegally, a practice that Amnesty 
International criticized during the year. Detainees could be held 
indefinitely.
    Human rights groups reported that nearly 200 LGBT refugees from 
Iran were living in the country at year's end. The groups reported that 
these refugees faced numerous problems in the country in addition to 
their refugee status due to their sexual orientation or gender 
identity.

    Access to Basic Services.--In 2010 the Ministry of Interior issued 
a circular containing provisions and administrative measures that would 
facilitate access to asylum procedures by detained irregular migrants 
from removal centers. The UNCHR reported this improved the condition of 
these centers. Provincial governments, working with local NGOs, are 
responsible for meeting the basic needs of UNHCR-recognized refugees 
and other asylum seekers who have been assigned to satellite cities in 
their jurisdictions, including by providing access to employment, 
healthcare, and education. Basic services are dependent on the goodwill 
of local officials. Governors have significant discretion in working 
with refugees and with NGOs, and the response of local officials to 
refugee presence varied widely.

    Temporary Protection.--The government provided temporary protection 
to asylum-seekers who may not qualify as refugees, including people of 
non-European origin. Syrians began fleeing into Turkey in significant 
numbers in June in response to the Syrian government's crackdown on 
protesters in border areas. The government maintained an open border to 
Syrian arrivals (and to voluntary returns) and responded robustly to 
the humanitarian needs of the displaced Syrians. As of October the 
government had provided temporary refuge and assistance to 18,957 
Syrian citizens in camps in Hatay. Refugees needed permission from 
local authorities to travel to Istanbul or Ankara, including for 
meetings with the UNHCR or resettlement agencies.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections based on universal 
suffrage. However, the government restricted the activities of some 
political parties and leaders.

    Elections and Political Participation.--Recent Elections.--The June 
12 parliamentary elections were held under election laws that the 
Organization for Security and Cooperation in Europe (OSCE) found 
established a framework for democratic elections in line with 
international standards. The law requires a party receive at least 10 
percent of the valid votes cast nationwide to enter parliament. Some 
political parties and human rights groups criticized the 10 percent 
threshold as unduly high. Three of the 15 parties eligible to run 
crossed the threshold in the 2011 elections. Candidates who ran as 
independents were able to bypass the threshold.
    In the June 12 election, 36 independent candidates endorsed by the 
BDP won seats in parliament. On June 21, the Supreme Electoral Board 
stripped Hatip Dicle, one of the successful BDP candidates, of his seat 
on procedural grounds, ruling he was ineligible to run for office to 
begin with because he had been convicted of ``supporting propaganda of 
a terrorist organization'' in the past. His seat went to an AKP member. 
Even though members of parliament are entitled to immunity from 
prosecution while they are in office, courts in Diyarbakir blocked the 
release from prison of an additional five successful BDP candidates, 
two successful Republican People's Party candidates, and one 
Nationalist Movement Party candidate previously imprisoned on KCK-, 
Ergenekon-, and Balyoz-related charges, respectively. The BDP and CHP 
boycotted the parliament to protest the courts' decision, and the BDP 
initiated a civil disobedience campaign. On July 11, the CHP ended its 
boycott. On October 1, the BDP ended its boycott and joined with 
independent lawmakers to form a parliamentary bloc. The BDP stated it 
would continue to work to change the laws to enable the release of the 
BDP members of parliament it endorsed who were in prison.
    In its observation report following the 2011 parliamentary 
elections, the OSCE noted a comprehensive legal framework for elections 
and generally assessed that the government demonstrated a broad 
commitment to holding democratic elections. The OSCE also noted the 
previous legal prohibition against using any language other than 
Turkish in political campaigning had been partially repealed but 
expressed concern that the constitution and implementing legislation 
continue to unduly limit freedom of expression, freedom of association, 
and electoral rights.

    Political Parties.--Political parties and candidates could freely 
declare their candidacy and run for election. However, the chief 
prosecutor of the Court of Appeals could seek to close political 
parties for unconstitutional activities by bringing a case before the 
Constitutional Court. During the year police raided dozens of BDP 
offices, particularly in the southeast, and detained more than 1,000 
BDP officials and members. Prosecutors also opened numerous 
investigations and trials against BDP members, mostly for alleged 
membership or support of the KCK.

    Participation of Women and Minorities.--There were 79 women in the 
550-seat parliament and one woman in the 26-member cabinet. There was 
one Christian Syriac in the parliament. He was the first Christian to 
win a seat in the parliament in approximately 50 years.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and some 
officials engaged in corrupt practices with impunity. The EU Commission 
noted in its October report that the ``scope of parliamentary 
immunities'' in cases of corruption was ``too wide'' and that there 
were incomplete measures to ensure transparency in areas such as 
political party financing and election campaigns.
    The law requires government officials to provide a full financial 
disclosure including listing physical property every five years and 
officials generally fulfilled this requirement. The Prime Ministry's 
Inspection Board, which advises the Corruption Investigations 
Committee, is responsible for investigating major corruption cases. 
Nearly every state agency has its own inspector corps responsible for 
investigating internal corruption. Parliament can establish 
investigative commissions to examine corruption allegations concerning 
cabinet ministers or the prime minister. A majority vote is needed to 
send these cases to the courts for further action.
    The law provides for public access to government information. 
However, the government occasionally rejected applications on national 
security and other grounds, and there were no opportunities to appeal.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
in many regions but faced government obstruction and restrictive laws 
regarding their operations, particularly in the southeast. Government 
officials were generally uncooperative and unresponsive to their views, 
although cooperation increased during the year. Human rights 
organizations and monitors as well as lawyers and doctors involved in 
documenting human rights violations occasionally faced detention, 
prosecution, intimidation, harassment, and closure orders for their 
activities. Human rights organizations reported that official human 
rights mechanisms did not function consistently and failed to address 
grave violations. During the year Amnesty International reported that 
some human rights defenders were prosecuted for monitoring and 
reporting human rights violations.
    In October 2010 the trial against Muharrem Erbey, president of the 
HRA in Diyarbakir and vice president of the national HRA, began along 
with the trial of other suspects in the KCK case in Diyarbakir. The HRA 
and many international human rights organizations continued to assert 
that Erbey was arrested for his work at the HRA and as a human rights 
lawyer. The trial continued at year's end. Additional HRA executives 
and employees were arrested during the year on KCK-related charges and 
remain imprisoned at year's end.

    Government Human Rights Bodies.--The Human Rights Presidency (HRP) 
was authorized to monitor the implementation of legislation relating to 
human rights and to coordinate the work of various government agencies 
in the field of human rights. There were provincial human rights 
councils under the HRP in all 81 provinces and their constituent 
subprovinces. The HRP was generally accorded little to no credibility 
by human rights organizations.
    While constitutional amendments adopted in 2010 called for the 
establishment of an ombudsman's office and an independent human rights 
commission, as of year's end, neither institution had been established.
    Through November 3, the Turkish Parliament Human Rights Committee 
received 1,512 complaints based on human rights violations. 
Approximately one-third of the complaints were related to judicial 
issues, primarily the right to a fair trial, as well as requests to 
improve the physical conditions and end poor treatment in prisons.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, religion, 
disability, language, or social status. The government did not enforce 
these prohibitions effectively. The constitution allows measures to be 
taken to advance gender equality, as well as measures to benefit 
children, seniors, persons with disabilities, widows, and veterans 
without violating the constitutional prohibition against 
discrimination. The government maintained hotlines to prevent the 
exploitation of women, children, persons with disabilities, and senior 
citizens, although some human rights groups questioned their 
effectiveness.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
including spousal rape, with prison terms of two to seven years for 
sexual assault. However, the government did not effectively enforce the 
law or protect victims. Victims often waited days or weeks to report 
incidents due to embarrassment or reprisals, hindering effective 
prosecution of assailants. Human rights organizations claimed that 
cases of abuse and rape were heavily underreported. The law prohibits 
violence against women, but the government did not effectively enforce 
it. The criminal code does not specifically forbid ``spousal abuse'' 
but provides punishment based on the underlying crime, such as assault, 
wrongful imprisonment, or threats. The civil code states that spousal 
abuse is a reason for granting divorce. Courts regularly issued 
restraining orders during the year to protect abused women, but human 
rights organizations reported that police rarely effectively enforced 
them. There are also problematic gaps in the law. Law 4320 to protect 
women against domestic violence, for example, excludes divorced and 
unmarried women from protection procedures. Some organizations reported 
that societal acceptance of domestic abuse in some cases contributed to 
underreporting.
    Domestic human rights organizations reported these laws were 
partially effective. More women called the police emergency hotline to 
report domestic violence and went to police stations to file abuse 
reports than in previous years. Women's NGOs also reported an increase 
in violence towards women who attempted to use their legal rights.
    Violence against women, including spousal abuse, was a serious and 
widespread problem both in rural and urban areas. Government statistics 
on violence against women are inadequate. The Turkish Women's 
Association Federation reported that in the first 10 months of the 
year, 208 women were killed. They reported 65 cases of suspected deaths 
or suicides and 33 attempted murders, in addition to a number of 
reports of violence and rape. Women's NGO Flying Broom reported that of 
women killed during the year, 66 percent were killed by family members. 
Through October the government's hotline received 19,377 calls from 
women. The Institution for Social Services and Orphanages operated 52 
women's shelters with a total capacity of 1,133 female victims of 
domestic violence and rape. Municipalities operated 24 women's shelters 
with a capacity of 554 persons and NGOs operated one women's shelter. 
Regulations call for women's shelters in any city with a population of 
more than 50,000. Observers noted that there were an inadequate number 
of shelters, or no shelters at all, in many such cities.
    So-called honor killings of women continued to be a serious 
problem. Individuals convicted of honor killings may receive life 
imprisonment. Most honor killings occurred in conservative families in 
the rural Southeast or among families of migrants from the Southeast 
living in large cities. Because of sentence reductions for juvenile 
offenders, observers noted that young male relatives often were 
designated to perform such killings.
    Due to penalties for honor killings, family members sometimes 
pressured girls to commit suicide to preserve the family's reputation. 
Government officials worked with advocacy groups to hold town hall 
meetings and set up rescue teams and hotlines for women and girls at 
risk of being the target of honor killings.
    In July the Federation of Women's Associations prepared a report 
showing the number of female suicides in Sanliurfa increased 
significantly during the past two years. There were five suicides 
reported in 2009, 124 in 2010, and 149 in only the first six months of 
2011. Human rights organizations suspected many of these suicides were 
actually disguised honor killings, and most involved a history of 
domestic violence.
    On May 12, the Ankara First High Criminal Court sentenced Istikbal 
Yetkin to a life sentence for the premeditated and deliberate murder of 
his former wife, Ayse Pasali. In December 2010 Yetkin stabbed Pasali 11 
times. Before her death, Pasali received dozens of death threats from 
her ex-husband. She applied to the courts for protection from him but 
was rejected because they were divorced.

    Sexual Harassment.--The law provides different penalties for the 
crimes of sexual harassment and sexual assault, requiring two to seven 
years' imprisonment for sexual assault and three months to two years' 
imprisonment plus a fine for sexual harassment. Women's rights 
activists maintained both laws were rarely enforced.

    Reproductive Rights.--Couples and individuals in most cases have 
the right to decide the number, spacing, and timing of children and 
have the information and means to do so free from discrimination. Women 
and men were given equal access to diagnostic services and treatment 
for sexually transmitted infections.
    The Ministry of Health reported the maternal mortality rate in 2010 
to be 16.4 deaths per 100,000 pregnancies. The World Economic Forum 
2011 Gender Gap report estimated skilled attendants assisted an 
estimated 91 percent of all births; while 71percent of married women 
used some method of birth control.

    Discrimination.--The constitution permits measures, including 
positive discrimination, to be taken to advance gender equality. While 
women enjoy the same rights as men under the law, societal and official 
discrimination were widespread.
    Women continued to face discrimination in employment and were 
generally underrepresented in managerial-level positions in business 
and government. According to an October EU Commission report, the level 
of women's employment and political participation were low. A large 
percentage of women were employed in agriculture and in the retail, 
restaurant, and hotel sectors as unpaid family labor in family-owned 
businesses. The World Economic Forum evaluated that during the year 
that women earned 58 percent of what their male counterparts did for 
similar work. The government reported that men and women were offered 
equal opportunities in work and received equal pay for equal work.

    Children.--The constitution permits positive discrimination for 
children and measures to protect children against exploitation, and 
commits the government to furthering children's welfare and working to 
expand opportunities in education and health.

    Birth Registration.--There is universal birth registration in the 
country and births were generally registered immediately. Citizenship 
is passed through a child's parents, not through birth on Turkish soil. 
Only one parent needs to be a Turkish citizen to pass citizenship to a 
child. In special cases where a child is born in Turkey who due to the 
status of his/her parents cannot receive citizenship from any other 
country, then Turkish citizenship is granted to the child.

    Child Abuse.--Child abuse was a problem, and comprehensive social 
services to provide medical, psychological, and legal assistance were 
limited. Through the end of the year, the government's domestic 
violence hotline received 4,071 calls from children.

    Child Marriage.--The law defines 17 as the minimum age for 
marriage, although children as young as 12 were at times married in 
unofficial religious ceremonies. Child marriage occurred, particularly 
in poor, rural regions. Women's rights activists reported there were 
fewer underage marriages but that the problem remained serious. In July 
the parliament's Committee on the Equality of Opportunity for Women and 
Men issued a report stating that many families in eastern Turkey did 
not consider underage marriage improper. A Hacettepe University 
Institute of Population Studies' report stated that 28 percent of women 
were married by the time they were 17.
    Media reports noted an underage girl who was eight months pregnant 
was hospitalized in Bolu after being brought to the hospital by her 25-
year-old husband, to whom she was wed in a religious ceremony with no 
legal standing. The hospital did not initiate any formal process for 
child or sexual abuse, despite the minor's age, and sent her back home 
with her husband.

    Sexual Exploitation of Children.--The constitution provides that 
the state shall take measures to protect children from exploitation. 
The law criminalizes sexual exploitation of children and mandates a 
minimum sentence of eight years in prison. There were reports that 
children were subject to commercial sexual exploitation. A person 
convicted of encouraging or facilitating children into prostitution can 
receive a prison sentence of between four and 10 years; if violence or 
pressure is involved, the sentence can be doubled.
    The age of consent in the country is 15. The law provides for 
imprisonment for six months to two years for statutory rape; the 
sentence is doubled if the offender is more than five years older than 
the victim. The law prohibits producing or disseminating child 
pornography and provides for a sentence of six months to two years as 
well as a fine.
    In October the Court of Appeals supported the 2010 decision by a 
court in Mardin to reduce the sentences of 26 men, charged in 2002 with 
rape and unlawful sex with a minor, after it concluded the then 13-
year-old victim had consented to have sex and on account of the ``good 
conduct'' on the part of the accused perpetrators. None of the 
defendants received a sentence of more than four years and 10 months in 
prison.
    Incest is a problem. According to the Van Women's Association, in 
the first eight months of the year, 26 percent of women who came to it 
with a complaint of violence said they were subject to incest at some 
point in their life.

    Child Soldiers.--The terrorist group PKK regularly recruited 
children. Academic research indicated that 38 percent of PKK members 
were under the age of 18.

    International Child Abductions.--The country is a party to the 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--There were some reports of anti-Semitic incidents 
against members of the Jewish community, which numbered approximately 
23,000.
    Jewish leaders in the country believed that occurrences of anti-
Semitism were directly related to events in the Middle East, although 
members of the Jewish community reported that they did not feel they 
were held responsible for these events by most of the public. After the 
``Free Gaza'' flotilla incident in May 2010, government leaders at all 
levels emphasized through public speeches that Turkish Jews were 
distinct from both Israeli citizens and the Israeli government and 
asserted that the country's Jews should be protected. Jewish community 
leaders noted that after the event they received extra police 
protection, which prevented a few acts of vandalism against community 
property.
    A variety of newspapers and television shows continued to feature 
anti-Jewish as well as anti-Christian messages, and anti-Semitic 
literature was common in bookstores.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The constitution permits positive 
discrimination for persons with disabilities and the law prohibits 
discrimination against persons with disabilities in employment, 
education, access to health care, and in the provision of other state 
services. The government did not always enforce the law effectively. 
The law requires all responsible institutions to make necessary 
arrangements for easy access for the disabled in open areas and on mass 
transportation by July 2012, but little progress had taken place by the 
end of the year. In June a new entity responsible for protecting 
disabled persons, the Disabled and Senior Citizens Directorate General, 
was formed under the Family and Social Policies Ministry. During the 
year the government's domestic violence hotline received 11,003 calls 
from individuals with disabilities and 1,401 from the elderly.
    In 2010 (with arrangements in the FY 2010 budget) the state 
employed an estimated 7,500 citizens with disabilities. On February 13, 
a law was passed introducing a central examination to facilitate 
employment of the disabled by the state. The law, which went into 
effect on October 3, also tasks employers not to give certain 
assignments, such as night shifts, to personnel with disabilities and 
to ensure them flexible working hours.
    On April 7, the Disabled and Senior Citizens Directorate General 
inaugurated a program aimed at mobilizing governors in selected 
provinces in Central Anatolia and the eastern Black Sea regions to 
implement awareness programs, include disabled citizens in social life, 
and train caretakers for the disabled.
    The law mandates access to buildings and public transportation for 
persons with disabilities, but access in most cities was extremely 
limited, and there is no clear system of fines or other punishment for 
noncompliance. On April 26, the Ministry of Interior issued a circular 
directing that municipality buses be upgraded to accommodate disabled 
citizens.
    During the June 12 parliamentary elections, for the first time, the 
Supreme Election Board automatically assigned citizens registered with 
disabilities to vote at polling sites with easy access for disabled 
persons.

    National/Racial/Ethnic Minorities.--The constitution provides a 
single nationality designation for all citizens and does not expressly 
recognize national, racial, or ethnic minorities. In October the EU 
Commission's progress report observed the country's approach to 
respecting and protecting minority and cultural rights remained 
restrictive.
    The country's law is interpreted to recognize only three religious 
and ethnic minorities: Armenian Orthodox Christians, Jews, and Greek 
Orthodox Christians. Other ethnic or religious minorities, such as 
Alevis, Assyrians, Protestants, Roman Catholics, Caferis, Yezidis, 
Kurds, Arabs, Roma, Circassians, or Laz, are prohibited from fully 
exercising their linguistic, religious, and cultural rights, and 
continued to face varying levels of pressure to assimilate.
    Citizens of Kurdish origin constituted a large ethnic and 
linguistic group. More than 15 million of the country's citizens 
identified themselves as of Kurdish origin and spoke Kurdish dialects. 
Kurds who publicly or politically asserted their Kurdish identity or 
promoted using Kurdish in the public domain risked censure, harassment, 
or prosecution. In practice children whose first language is Kurdish 
could not be taught in Kurdish in either private or public schools.
    Restrictions remain on use of languages other than Turkish in 
political and public sector spheres. On March 17, the Constitutional 
Court rejected the request of a Turkish citizen to use a Syriac 
surname, stressing that the law regulating surnames was vital for 
national unity.
    Some parents were allowed to register the birth of their children 
under names derived from the Kurdish language, although the letters W, 
X, and Q could not be used because they do not exist in the Turkish 
alphabet.
    Some progress occurred on preserving cultural rights. In July 
Mardin Artuklu University began offering Syriac language courses in 
addition to Kurdish literature and culture courses added in 2010 under 
its ``Living Languages Institute.'' In October 2010 the university 
began classes for its inaugural undergraduate Kurdish Language and 
Literature Department degree program, the country's first such 
undergraduate program.
    There is no firm estimate of the number of Roma in the country. 
Roma continued to face problems with access to education, health care, 
and housing. In January the parliament approved removing the word 
``gypsy'' from a discriminatory clause in the law on the movement and 
residence of aliens which authorized the Ministry of Interior to 
``expel stateless and non-Turkish gypsies and aliens that are not bound 
to the Turkish culture.'' The EU Commission's October progress report 
noted steps to address long-standing problems regarding the Roma but 
stated a comprehensive policy to address the needs of the Roma was 
still missing.
    In July the government employment agency (Is-Kur) started 
implementing three- to six-month vocational training programs for Roma 
in 15 provinces. The European Roma Rights Center, the Helsinki Citizens 
Assembly, and the Edirne Roma Culture Research and Solidarity 
Association conducted a program during the year to train the Romani 
community on civil society organization and activism. Literacy courses 
for Romani women offered by the Roma Culture and Solidarity Association 
of Izmir continued. Numerous associations celebrated International Roma 
Day in Ankara.
    In the Sulukule neighborhood of Istanbul, redeveloped housing 
continued to sell for four to five times the amount that the original, 
mostly Romani occupants received as compensation for leaving the area. 
Most former residents declined the government's offer of new housing on 
the outskirts of the city. In Edirne many members of the Romani 
community also declined the government's offer of new apartment-style 
housing on the grounds that it did not meet their needs.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--While the law does not 
explicitly discriminate against LGBT individuals, organizations working 
with LGBT persons stated that references in the law relating to 
``offenses against public morality,'' ``protection of the family,'' and 
``unnatural sexual behavior'' were sometimes used as a basis for abuse 
by police and discrimination by employers. The law also states that 
``no association may be founded for purposes against law and 
morality.'' Authorities applied this law in attempts to shut down or 
limit the activities of NGOs working on LGBT matters.
    In March RTUK started legal proceedings to fine Digiturk Channel 2 
for airing the film Sex and the City 2 on February 18 due to scenes in 
the film depicting gay marriage that the RTUK claimed ``violated 
national and spiritual values and Turkish family structure.''
    Police provided protection to some ``pride'' events in Istanbul and 
other cities, and no incidents of violence were reported.
    There were active LGBT organizations in at least six cities in the 
country: Istanbul, Ankara, Izmir, Adana, Eskisehir, and Diyarbakir, and 
unofficial groups in smaller cities and on university campuses. All 
groups complained of harassment by police and government authorities. 
Most had problems registering as an official organization or 
maintaining their registration once granted. Many university groups 
complained that they had tried to organize but had been denied 
permission by the rector. Local governors' offices attempted to close 
LGBT groups through civil law cases on the grounds that the 
associations violate Turkish morals.
    LGBT individuals continued to suffer discrimination, intimidation, 
and violent crimes. LGBT groups claimed police harassed and practiced 
arbitrary arrest against transgender individuals during the year. Human 
rights organizations reported many prosecutions for ``offending public 
morals.'' The law on misdemeanors was often used to impose fines on 
transgender persons when they frequented stores or walked on city 
streets. Police claimed they were acting on complaints they had 
received.
    According to the Pink Life (Pembe Hayat) LGBT organization, the 
Antalya TNP announced that, through the end of August, it had fined 
transgender individuals a total of 226,000 lira ($122,000) in 1,400 
administrative actions.
    On October 25, an Ankara court convicted three transgender persons 
(who were also human rights defenders) from the LGBT organization Pembe 
Hayat with crimes including resisting police and gave them sentences of 
between five months and one year, with two sentences postponed. The 
charges related to a June 2010 incident in which police stopped the car 
with the three inside and insisted they come to the police station. 
When asked why, they were told ``Because you are transvestites.'' The 
police then allegedly violently forced them to the station. The three 
filed complaints against the police officers for mistreatment, but 
there was no public investigation by year's end.
    During the year at least six transgender persons were killed. On 
October 6, the brother of a transgender woman shot and killed her in a 
Gaziantep hospital. The woman was in the hospital for injuries after 
she allegedly accidently fell down stairs on October 4. The brother 
allegedly went to the police in the hospital and stated, ``I killed my 
brother.he was a transvestite. I cleaned my honor.'' The case was 
ongoing at year's end.
    The Black Pink Triangle (Siyah Pembe Ucgen) LGBT NGO alleged there 
were more than 100 incidents of violence against LGBT individuals in 
Izmir alone during the year.
    In November an Antalya Heavy Penal Court sentenced Nihat Altug to 
life imprisonment for the premeditated murder of transgender woman 
Hayati Yilmaz. Altug stabbed Yilmaz 28 times in her bed in February 
2010 in Antalya.
    Openly gay men were not allowed to perform military service for 
``health reasons'' due to their sexual orientation. Gay men requesting 
military exemption for reasons of sexual orientation had to undergo an 
invasive burden of proof and many times were denied even after 
proclaiming their sexual orientation and undergoing treatment and 
examination at several military medical facilities. LGBT groups 
complained that gay men were required to show photos of themselves in 
overtly sexual positions and to undergo thorough medical evaluations to 
prove their homosexuality to military officials. The groups further 
complained that military officials ``outed'' gay men to their families 
and communities.

    Other Societal Violence or Discrimination.--The Ministry of Health 
reported 301 accounts of HIV/AIDS in the first six months of the year 
compared with 627 during 2010. The Positive Life Association (PLA) and 
other NGOs complained that the media and medical professionals often 
did not respect the privacy of individuals with HIV/AIDS and often 
reported their names in the media. Many people living with HIV/AIDS 
reported discrimination in housing, public services and benefits, and 
health care. The PLA conducted programs during the year for people 
living with HIV/AIDS but faced ongoing funding difficulties.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides most but not all workers with the right to form and 
join unions of their choice, to conduct their activities without 
interference, and to bargain collectively. Certain public employees, 
such as the military and police, cannot form unions. There are no 
restrictions on membership or participation of people or unions in 
regional, national, or international labor organizations, but such 
participation must be certified by a notary public and reported to the 
government. Unions are required to notify government officials prior to 
holding meetings or rallies (which must be held in officially 
designated areas) and to allow government representatives to attend 
their conventions and record the proceedings. Public sector employees 
are not allowed to bargain collectively. The law provides for the right 
to strike but prohibits strikes by white collar civil servants; public 
workers engaged in safeguarding life and property; and workers in the 
coal mining and petroleum industries, sanitation services, national 
defense, banking, and education. Workers in the coal mining, petroleum, 
sanitation services, national defense, banking, and education sectors 
were required to resolve disputes through binding arbitration. The law 
prohibits antiunion discrimination. The government reported that 
363,544 workers were covered by collective bargaining agreements in 
1,623 workplaces.
    The 2010 constitutional amendments provide for the recognition of 
many new labor rights, such as allowing a person to be a member of more 
than one union in the same work branch, allowing a person to 
participate in solidarity strikes, and providing public sector workers 
the right to collective bargaining. However, as of year's end, the 
government had not adopted legislation to implement these amendments.
    The government maintained a number of restrictions on the right of 
association. A minimum of seven workers are required to establish a new 
trade union without prior approval. By law, to become a bargaining 
agent, a union must represent 50 percent plus one of the employees at a 
given work site and 10 percent of all the workers in that particular 
industry. This requirement favored established unions. Labor law 
prohibits union leaders from becoming officers of or otherwise 
performing duties for political parties, from working for or being 
involved in the operation of any profit-making enterprise, and from 
displaying any political party logos or symbols in any union or 
confederation publications.
    In practice, despite restrictions, workers exercised their rights 
of association and collective bargaining. The Ministry of Labor 
reported that, through September 30, there were nine private sector 
strikes involving 26 workplaces. There were no public sector strikes. 
However, on December 21, the Public Workers Unions Confederation 
organized a strike to protest the government's economic policies and 
human rights practices. Public workers, including those from the field 
of education, participated in the strike. An Education Union lawyer 
reported that domestic laws prohibit certain civil servants, including 
educators, from striking, although the country is a signatory to ILO 
conventions and the European Human Rights Charter that allow such 
actions, while the constitution gives supremacy to international 
obligations over domestic legislation. However, the government did not 
recognize the right to strike in practice and initiated disciplinary 
investigation against those who participated in the strike. In practice 
government restrictions and interference limited the ability of unions 
to conduct their activities, including collective bargaining. Police 
were frequently present at union meetings and conventions.
    Antiunion discrimination occurred occasionally. If a court ruled 
that a worker was unfairly dismissed and should either be reinstated or 
compensated, the employer generally paid compensation to the employee 
along with a fine. Service sector union organizers reported that 
private-sector employers sometimes ignored the law and dismissed 
workers to discourage union activity.
    Threats, violence, and systemic lay-offs were common responses to 
unionized work places. In April all 110 Birlesik Metal-Is union members 
at the MAS DAF company's Makina Sanayi operations were fired without 
explanation after protracted negotiations with management after the 
illegal firing in 2010 of 22 unionized workers. In February Turkish 
workers for United Parcel Service, Inc. who were laid off were allowed 
to return to work after a year-long process filled with threats, 
shootings, firings, and general intimidation.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that adults and minors were trafficked for commercial sexual 
exploitation and labor 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.--The 
law protects children from exploitation in the workplace, and the 
government effectively implemented the law with some exceptions. The 
use of child labor was found in agriculture, carpentry, the shoemaking 
and leather goods industry, the auto repair industry, small-scale 
manufacturing, and street sales, although the incidence was thought to 
be low and difficult to detect. Some parents forced their children to 
work on the streets selling tissues or food, shining shoes, or begging.
    The law prohibits the employment of children younger than 15 and 
prohibits children under 16 from performing arduous or dangerous work. 
The government prohibits children under 18 from working in certain 
professions or under hazardous conditions, such as working at night or 
in underground mining. The Ministry of Labor and Social Security 
effectively enforced these restrictions in most workplaces.
    While all places of business are subject to labor inspections, 
resource limitations meant many workplaces that employed children did 
not receive routine inspections, including farms employing 300 or fewer 
workers, maritime and air transportation, family handicraft businesses, 
and small shops employing up to three persons. These workplaces could 
still be inspected based on complaints submitted to the Ministry of 
Labor and Social Security.
    Notwithstanding government enforcement of the law, child labor was 
moderate. In a child labor survey conducted in the fourth quarter of 
2006 and released in 2007, the State Statistical Institute reported 
there were 960,000 child laborers between the ages of six and 17. The 
study found that 84.7 percent of children between the ages of six and 
17 attended school and that the 31.5 percent of children in that age 
group who were employed also attended school at least part time.
    Employment of young boys and young girls was not uncommon. Girls 
were rarely seen working in public, but many were kept out of school to 
work in handicrafts or light assembly at home, particularly in rural 
areas. According to the 2006 child labor survey, 40.9 percent of child 
labor occurred in the agricultural sector, as52.4 percent of employed 
children worked in rural areas.
    To reduce the employment of children, the Ministry of Education 
conducted several programs from 2005-07 in cooperation with UNICEF 
designed to increase enrolment of children at school, improve the 
quality of education, and improve access to primary education for 
children, particularly at-risk girls. During the year the Ministry of 
Labor and Social Security also continued to implement a project to 
improve the work and social lives of seasonal mobile agricultural 
workers in 28 provinces.
    Children legally employed at small enterprises and registered with 
a Ministry of Education training ``Lifelong Learning Center'' were 
required to go to the center once a week for training. The centers were 
obligated by law to inspect their workplaces.
    The government identified the worst forms of child labor as working 
in the streets, in the informal urban economy, seasonal commercial 
agriculture, and domestic service workers. A credible 2010 report on 
the worst forms of child labor indicated that 8,298 children worked on 
the streets in 2009.
    The Social Services and Child Protection Institution operated 37 
centers in 29 provinces to assist such children. The Social Services 
and Child Protection Institution operated a hotline for reporting child 
exploitation and negligence, and with TNP cooperation, street children 
spotted in the streets and who were at risk were directed to child 
centers for care and reintegration into the educational system.
    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 
837 lira ($452) per month. The official poverty level is 3,063 lira 
($1,656) per month according to unions. All workers covered by the 
labor law are also covered by the law establishing a national minimum 
wage. This law was effectively enforced by the Ministry of Labor 
Inspection Board. The Organization for Economic Cooperation and 
Development indicated that the national minimum wage did not take 
sufficient account of regional variations in productivity and living 
costs.
    The law establishes a 45-hour workweek with a weekly rest day and 
limits overtime to three hours per day for up to 270 hours a year. 
Premium pay for overtime is mandated, but the law allows for employers 
and employees to agree to a flexible time schedule. The Labor 
Inspectorate of the Ministry of Labor effectively enforced wage and 
hour provisions in the unionized industrial, service, and government 
sectors. Workers in other sectors had difficulty receiving overtime pay 
to which they were entitled by law. The law prohibits excessive 
compulsory overtime.
    While the law mandates occupational health and safety regulations, 
in practice the Ministry of Labor Inspection Board did not carry out 
sufficient inspection and enforcement programs. During the year the 
number of labor inspectors increased to 851. The board began a program 
during the year to conduct preliminary observations in workplaces and 
counsel the employers on violations that would be fined later if no 
action was taken. The program resulted in an increase in awareness and 
enforcement of labor laws and a reduction in fines. In 2010, 62,903 
workplace accidents occurred, causing 1,444 deaths persons and 1,976 
injuries.

                               __________

                                UKRAINE

                           EXECUTIVE SUMMARY
    Ukraine is a republic with a presidential-parliamentary system of 
government. The constitution provides for a directly elected president, 
a prime minister who is appointed by the president and confirmed by 
parliament, and a unicameral parliament (Verkhovna Rada). Recent 
changes to the constitution strengthened the presidency at the expense 
of other branches of government. Viktor Yanukovych took office as 
president in February 2010 following two rounds of voting that met most 
international standards for democratic elections. Security forces 
generally reported to civilian authorities.
    The most serious human rights development during the year was the 
politically motivated detention, trial, and conviction of former prime 
minister Yulia Tymoshenko, along with selective prosecutions of other 
senior members of her government. The second most salient human rights 
problem was the government's measures to limit freedom of peaceful 
assembly. Under political pressure courts denied permits for the vast 
majority of protests that were critical of the government. For those 
protests that were approved an overwhelming police presence discouraged 
participation; actions by protesters were limited and tracked by the 
authorities. The third major problem was increased government pressure 
on independent media outlets, which led to conflicts between the media 
owners and journalists and to self-censorship.
    Other serious problems included police abuse and deaths in custody, 
beatings and torture of detainees and prisoners, and an inefficient, 
corrupt judicial system. In addition, the following problems were 
reported: harsh conditions in prisons and detention facilities, 
arbitrary and lengthy pretrial detention, government pressure on 
nongovernment organizations (NGOs), and pervasive corruption in all 
branches of government. Societal problems included violence against 
women, trafficking in persons, xenophobic attacks and hate crimes, and 
societal discrimination, harassment, and attacks on religious and 
ethnic minorities.
    The government generally did not prosecute security officials who 
committed abuses, especially against ethnic minorities and prisoners.
    Prosecutions for corruption, which were frequent, were often 
criticized as selective. Impunity was a problem throughout 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 any politically 
motivated killings.
    According to the Association of Ukrainian Monitors of Human Rights 
in Law Enforcement, 35 deaths were attributed to illegal actions or 
negligence by the authorities. This included persons who died either in 
police custody or shortly after being released from custody.
    On April 4, authorities arrested three police officers in 
connection with the alleged beating death of Kharkiv resident Yevhen 
Zvenyhorodskyi. According to a report in the Hazeta po-ukrainsky 
newspaper, police detained Zvenyhorodskyi on March 30. He was beaten in 
custody, left outside a police station, and later died in a hospital as 
a result of his injuries. A police sergeant was charged with the 
beating and for exceeding authority. Two senior officers were charged 
with failing to prevent the beating, failing to provide medical 
assistance, and exceeding authority. Their trial continued at year's 
end.
    On March 24, the Prosecutor General's Office charged former 
president Leonid Kuchma with abuse of office that allegedly resulted in 
the 2000 killing of investigative journalist Heorhiy Gongadze. On July 
7, the Pechersk District Court in Kyiv began the trial of Oleksiy 
Pukach, a former senior Ministry of Internal Affairs official; 
according to authorities, Pukach confessed to strangling and beheading 
Gongadze. A panel of judges ordered the trial closed to the public and 
rejected repeated motions by the prosecution to open the proceedings. 
In August the media reported that Pukach had implicated Kuchma, then 
parliament speaker Volodymyr Lytvyn, and former deputy minister of 
internal affairs Mykola Dzhyha in a plot to kill Gongadze. In December 
the court dismissed charges against Kuchma, citing a ruling by the 
Constitutional Court that the evidence against him was improperly 
obtained. The case against Pukach continued at year's end.
    On April 20, the Dniprovskiy District Court sentenced Viktor 
Lozynskiy, a former member of parliament, to 15 years in prison for his 
part in the 2009 death of Valeriy Oliynyk. According to police 
Lozynskiy and two other local officials pursued Oliynyk into a wooded 
area where they assaulted him, broke his leg, and shot him multiple 
times. Lozynskiy appealed the ruling. The court also sentenced two 
accomplices in the killing. One was serving nine years in prison; the 
second received a five-year suspended sentence.
    On December 23, a district court granted amnesty to a police 
officer who was found guilty of negligence and exceeding authority in 
the May 2010 death in custody of university student Ihor Indylo. The 
trial of a second officer charged in the case was pending at year's 
end. Indylo's family alleged that police officers beat the student and 
failed to provide medical assistance.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and the law prohibit such practices; 
however, there were reports that police continued to abuse and torture 
persons in custody. For example the Ukrainian Helsinki Human Rights 
Union (UHHRU), a coalition of human rights organizations, reported it 
received 240 complaints of torture and abuse during the year.
    On August 17, police officers allegedly detained and abused 
Cherkasy lawyer Dmytro Karpenko. According to Karpenko the officers 
handcuffed, tortured, and beat him for an hour in a police vehicle 
following an argument with the officers that his client should be 
released from detention. Karpenko reported the incident to the Cherkasy 
prosecutor's office. On August 30, the Cherkasy prosecutor charged 
Karpenko with resisting arrest and injuring the officers. On September 
13, a city court dismissed the charges, but in November the Kirovohrad 
oblast prosecutor's office charged Karpenko with the same offenses. On 
December 30, a Leninskiy district court in Kirovohrad dismissed the 
charges.
    On December 8, court officials conducted a 14-hour hearing inside 
the jail cell of former prime minister Tymoshenko. Her defense counsel 
reported that she remained bedridden throughout the proceedings and 
that authorities refused to provide her with proper medical treatment.
    According to Nina Karpachova, the human rights ombudsman, the 
proceedings in Tymoshenko's cell violated the law and were a ``flagrant 
violation'' of the European Convention on Human Rights. However, the 
State Penitentiary Service said that 270 court hearings were held in 
pretrial detention facilities between 2010 and 2011.
    The law does not prohibit introducing into evidence statements made 
under duress by defendants and witnesses, and police officers 
reportedly relied excessively on confessions to solve cases because 
they lacked training and equipment to gather evidence through proper 
investigations. An ineffective system to investigate allegations of 
abuse and the lack of access to defense lawyers and doctors hindered 
efforts to curtail police abuse.
    In a 2009 report, the U.N. Working Group on Arbitrary Detention 
cited multiple concerns based on a monitoring visit in 2008 to 21 
facilities in eight cities. Among them were ``numerous, consistent, and 
often credible allegations from various sources...of confessions 
obtained under torture'' from persons detained by the police force. The 
working group also noted that the Prosecutor General's Office indicted 
few officials even when it was presented with well-founded accusations 
that evidence was obtained by methods that violated proper procedures. 
Of some 100,000 such complaints registered in 2008, the prosecutor 
general considered 30 to be violations. According to the working group, 
``impunity for perpetrators of ill-treatment largely prevails.''
    While the government acknowledged the U.N. report, it did not 
provide a substantive response on how to correct the problems and 
abuses. In latter half of the year, the NGO Donetsk Memorial published 
a report on prison conditions. It cited the ``unjustifiably high'' use 
of pretrial detention and widespread corruption among prison staff. The 
report concluded that no substantial progress toward observing the 
rights of prisoners had been made during 2010 and the first half of 
2011.
    The media reported several cases of abuse by police. For example, 
on April 7, Hazeta po-ukrainsky reported that in March police officers 
of Mohyliv-Podilskyi district in Vinnytsia Oblast stopped Firdovsi 
Safarov, a local resident of Azerbaijani origin. According to Safarov, 
the officers made racist comments, handcuffed, and beat him. He was 
later hospitalized with a concussion. Police claimed Safarov refused to 
show vehicle documents and resisted arrest. On August 2, the Vinnytsia 
oblast prosecutor's office opened a criminal case against the officers 
for abuse of authority. The investigation continued at year's end.
    During the year authorities prosecuted 92 police officers who had 
allegedly abused persons in detention.
    In November the UHHRU reported that unknown persons attacked, beat, 
and assaulted Andriy Fedosov, a disability rights activist and 
investigator who uncovered poor living conditions and abuse in 
psychiatric hospitals in Crimea. Fedosov confirmed the attack and left 
the country with assistance from human rights organizations. In 
December he requested asylum in France. Both Human Rights Watch (HRW) 
and Amnesty International had previously expressed concern about 
Fedosov, saying the attacks appeared to be in retaliation for his 
activist work.
    Physical hazing and violence continued to be a problem in the armed 
forces. According to the State Judicial Administration, 107 hazing-
related guilty verdicts were issued in the first six months of the 
year. The Prosecutor General's Office confirmed that during the year 
239 servicemen were convicted of hazing and 132 hazing-related criminal 
cases involving servicemen were forwarded to the courts.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions remained poor. Overcrowding, abuse, inadequate 
sanitation, and the lack of adequate light, food, and medical care were 
persistent problems, although prisoners had some access to potable 
water. The government permitted monitoring visits by independent human 
rights observers, and some visits occurred during the year.
    At year's end, according to the latest available statistics from 
the State Penitentiary Service (SPS), the service held 154,029 persons 
in its facilities; of these, 37,632 were in pretrial detention 
facilities. Approximately 9,480 were women, and 2,092 were juveniles. 
During the year 1,169 individuals died in custody; the number included 
60 suicides and four homicides.
    According to the Ministry of Internal Affairs, approximately 
235,000 persons were held in police-controlled temporary holding 
facilities during the first 11 months of the year. The ministry 
confirmed 22 deaths in these facilities; 11 were reported to be by 
suicide and 11 due to illness.
    Conditions in police temporary holding facilities and SPS pretrial 
detention facilities were harsher than in low- and medium-security 
prisons. The former were often overcrowded and lacked adequate 
sanitation and medical facilities. At year's end 228 individuals 
serving life sentences were held in pretrial detention facilities, 
according to the SPS.
    Overcrowding in prisons and pretrial detention centers continued to 
be a problem. For example, as of September, there were 3,899 inmates at 
Kyiv's Lukyanivskiy detention center, which has capacity for 2,850. As 
a result 1,049 detainees were forced to sleep on the floor or rotate 
their sleeping places with cellmates.
    According to a December 2010 report by the Prosecutor General's 
Office, overcrowded conditions at pretrial detention facilities 
operated by the State Penitentiary Service in Crimea, Donetsk, Luhansk, 
Kharkiv, Kherson, and Kyiv, were especially difficult. The law sets the 
average space for detainees at 26.9 square feet. According to the State 
Penitentiary Service, at year's end 37,632 detainees were held in 
facilities with a capacity for 34,817, making the actual average space 
per detainee 24.8 square feet.
    At year's end an estimated 4,052 persons in custody had 
tuberculosis, according to the SPS. In tuberculosis hospitals under the 
responsibility of the SPS, 42 percent of patients were terminally ill 
with tuberculosis, and 44 percent of patients were terminally ill with 
HIV/AIDS, according to the most recent available statistics. The 
penitentiary service acknowledged that tuberculosis was a widespread 
problem because of poor conditions and inadequate medical resources for 
examining and treating tuberculosis-infected persons in pretrial 
detention facilities.
    The penal code prohibits racial, ethnic, religious, and other types 
of discrimination against inmates in penitentiary institutions and 
stipulates which individuals may visit prisons without special 
permission, including the justice minister, members of the Council of 
Europe's Committee for the Prevention of Torture (CPT), and members of 
civic commissions monitoring prison conditions.
    Prisoners generally were allowed to receive visitors and were 
permitted religious observance, although those who were under a 
disciplinary regime could not receive visitors. Prisoners and detainees 
were also allowed to file complaints with the ombudsman about 
conditions in custody, but human rights organizations noted that prison 
officials continued to censor or discourage complaints. By law the 
prosecutor and ombudsman were obliged to disclose the names of inmates 
who filed complaints to prison and police authorities.
    The government allowed independent monitoring of prison conditions 
and detention centers by local and international human rights groups 
during the year. According to local human rights activists, the 
monitoring was infrequent and focused primarily on providing social 
services to detainees. There was no record of the number of visits that 
were made.
    From November 29 to December 6, a CPT delegation conducted an ad 
hoc visit to review treatment of persons detained at facilities in 
Kyiv, Kharkiv, and in other police pretrial detention facilities. The 
delegation also examined the health care provided to certain prisoners 
held in Kyiv, including former acting defense minister Valeriy 
Ivashchenko, former minister of internal affairs Yuriy Lutsenko, and 
former prime minister Tymoshenko.
    Also in November the CPT released its report on its 2009 visits to 
detention facilities in Kyiv, Dnipropetrovsk and Luhansk. The report 
noted that the frequency and consistency of allegations heard by the 
delegation ``suggest that methods of severe mistreatment and torture 
continue to be used with impunity by Internal Affairs Ministry 
officers.''
    In addition, the report noted little progress in providing 
detainees with access to lawyers before questioning by authorities and 
concluded that Internal Affairs Ministry staff had pressured many 
detainees to sign statements waiving their right to a lawyer.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention; however, in practice serious 
problems remained.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs is responsible for maintaining internal security and 
order; it reports directly to the president and oversees the police and 
other law enforcement personnel. The Security Service of Ukraine (SBU) 
is responsible for all state security, nonmilitary intelligence, and 
counterintelligence. It too reports directly to the president. The 
State Tax Administration, which exercises law enforcement powers 
through the tax police, is accountable to both the president and the 
cabinet.
    The law provides for civilian control of the armed forces and law 
enforcement agencies and authorizes members of parliament to conduct 
investigations and public hearings into national security and defense 
issues. The parliament's human rights ombudsman is also authorized to 
initiate investigations into the relevant activities of security 
forces. There were reports that the Ministry of Internal Affairs and 
SBU at times acted with impunity and appeared to act to further the 
political interests of the presidential administration.
    According to the Prosecutor General's Office, during the year 72 
criminal cases of police torture or inhuman and degrading treatment 
were opened, and 91 cases involving 174 law enforcement officers were 
sent to court.
    According to the Ministry of Internal Affairs, during the year 575 
criminal cases were opened against police officers. Of these, 166 were 
linked to abuse of office or power. The other charges included 98 cases 
of exceeding authority, 17 cases of forgery, 33 cases of negligence, 
and 61 cases of bribery, as well as 200 cases linked to other offenses. 
According to the Prosecutor General's Office, 127 law enforcement 
personnel were convicted of torture or inhuman treatment during the 
year.
    In October 2010 rapporteurs from the Parliamentary Assembly of the 
Council of Europe expressed concern about credible reports that the SBU 
was monitoring civil society, noting they had received numerous 
reports, often substantiated and credible, of pressure by the SBU on 
journalists, politicians, and civil society activists or on people or 
businesses close to them.
    In July the NGO Foundation of Regional Initiatives reported that an 
SBU official contacted one of its activists in Zhytomyr and demanded a 
meeting to discuss the foundation's activities in protesting against 
the Law on Higher Education. In November more reports surfaced of SBU 
surveillance of civic groups outside of Kyiv. Some SBU personnel 
reportedly attended meetings to gather information on activities of 
specific individuals, while others called activists to ask in-depth 
questions about their political affiliation and work.

    Arrest Procedures and Treatment While in Detention.--By law, 
authorities may detain a suspect for three days without a warrant, 
after which an arrest order must be issued. The courts may extend 
detention without an arrest warrant for an additional 10 days and grant 
extensions for a maximum of 18 months. The law permits citizens to 
contest an arrest in court or appeal it to the prosecutor. The law 
requires that detained persons be informed of their rights and that 
officials notify family members immediately concerning an arrest; 
however, in practice police often did not follow the procedures 
required by law.
    The law stipulates that a defense attorney must be provided without 
charge to indigent detainees from either the time of detention or the 
date of the filing of charges. However, in practice this often did not 
occur because of an insufficient number of defense attorneys or because 
attorneys refused to take on indigent clients, citing low government 
remuneration.
    The law provides for bail, but it was rarely granted. Many 
defendants could not pay imposed bail amounts. Courts sometimes imposed 
travel restrictions as an alternative to pretrial confinement. However, 
courts generally opted to place individuals in pretrial detention.

    Arbitrary Arrest.--Authorities reportedly continued to make 
arbitrary arrests in part to extract evidence that could be used 
against detainees. There were reports of unsanctioned arrests, and 
police at times failed to keep records or register detained suspects. 
Additionally, courts often extended detention to allow police more time 
to obtain confessions.
    On August 5, during her trial on abuse of office and exceeding 
authority, former prime minister Tymoshenko was arrested for allegedly 
avoiding the investigation and disrupting court proceedings. She 
remained in detention for the duration of her trial on grounds that if 
freed she would impede the court's inquiry. According to local and 
international legal analysts, Tymoshenko's detention was not justified 
and disproportionate to the charges. Despite her deteriorating health, 
the court denied repeated requests for bail, and she remained in 
dentition until her conviction on October 11. On December 23, an 
appeals court upheld Tymoshenko's conviction and seven-year prison 
sentence.

    Pretrial Detention.--Lengthy pretrial detention remained a serious 
problem. Individuals often remain in pretrial detention for months or, 
in some cases, years.
    A 2009 report by the U.N. Working Group on Arbitrary Detention 
noted a number of problems related to the country's detention 
practices, including the continued practice of detaining until trial 
persons suspected of minor crimes, a perceived lack of independent and 
effective control by the judiciary over the detention process, and 
unlawful restrictions on pretrial detainees, such as denying them 
contact with their families and medical treatment before court trials.
    In December 2010 police detained former minister of internal 
affairs Lutsenko on charges of embezzlement and abuse of office. His 
defense team filed repeated motions to release him on bail due to his 
poor health, but the motions were dismissed. His detention was extended 
several times until his trial began on May 27.
    Former acting defense minister Valeriy Ivashchenko was detained in 
August 2010 on charges of exceeding authority and abuse of office for 
sanctioning the reorganization of Feodosiya ship repair plant in 
Crimea. His trial began in November 2010 and continued at year's end.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, in practice the judiciary remained 
subject to political pressure, corruption, and inefficiency and lacked 
public confidence. In certain cases the outcome of trials appeared 
predetermined.
    According to local and international legal experts, the following 
individuals were victims of politically motivated prosecutions and were 
denied the right to a fair public trial: former prime minister Yulia 
Tymoshenko, former minister of internal affairs Yuriy Lutsenko, former 
acting defense minister Valeriy Ivashchenko, and former head of customs 
Anatoliy Makarenko, among others.
    The right to a fair trial was impeded by lengthy court proceedings, 
particularly in administrative courts, and by political pressure on 
judges, inadequate court funding, a shortage of qualified legal 
assistance for defendants, and the inability of courts to enforce 
rulings. Judges also continued to complain about pressure from high-
ranking politicians seeking improper resolution of cases.
    All courts, except for the Supreme Court, were funded through the 
State Judicial Administration, which was also responsible for staffing. 
The ministries of justice and education were responsible for training 
judges.

    Trial Procedures.--The constitution includes provisions for a fair 
trial, including the right of suspects or witnesses to refuse to 
testify against themselves or their relatives. However, these rights 
were limited in practice by the absence of implementing legislation, 
which left a largely Soviet-era criminal justice system in place. While 
the law entitles defendants to a presumption of innocence, the tendency 
of courts to detain defendants prior to conviction and a 0.2 percent 
acquittal rate undermined that presumption.
    The constitution provides for juries, but a jury system has not 
been implemented. Most cases are decided by a single judge, although 
trials on charges carrying a maximum sentence of life imprisonment, the 
highest penalty in the criminal justice system, were heard by two 
judges and three public assessors who have some legal training.
    By law trials must start no later than three weeks after criminal 
charges are filed. However, the overburdened court system seldom met 
this requirement and months frequently passed before a defendant was 
tried, with complicated cases usually taking longer.
    The law specifies that a defendant may consult a lawyer in private. 
However, human rights groups reported that officials occasionally 
monitored meetings between attorneys and their clients. The law also 
requires legal counsel be provided without charge to all defendants, 
but such counsel was often unavailable. Defendants have the right to 
confront witnesses, present their own witnesses and evidence, and 
access government-held evidence. These rights were repeatedly violated 
in the trials of former prime minister Tymoshenko and former minister 
of internal affairs Lutsenko.
    Investigative files must contain signed documents attesting that 
defendants were informed of the charges against them, of their right to 
an attorney at public expense, and of their right not to give evidence 
against themselves or their relatives. Although the law requires trials 
to be held in public, courtroom space was often limited, and media were 
at times prohibited from observing court proceedings.
    The law provides for an appeals process. Appeals courts may dismiss 
convictions or order new trials if certain documents signed by the 
defendant are missing from the case file. However, officials sometimes 
verbally and physically abused defendants to force them to sign copies 
of the missing documents to avoid dismissal of the conviction or a new 
trial.

    Political Prisoners and Detainees.--Authorities selectively 
detained and prosecuted members of the political opposition.
    On January 14, the Czech Republic granted political asylum to the 
former minister of economy, Bohdan Danylyshyn, who was accused of 
abusing his office and misspending approximately 14 million hryvnia 
($1.75 million). Czech authorities had initially detained Danylyshyn in 
Prague in October 2010 on an extradition request from Ukraine.
    Between August and December 2010, the prosecutor general charged 
former prime minister Tymoshenko, former minister of internal affairs 
Lutsenko, and six other high-level members of Tymoshenko's government 
with abuse of power and misuse of state funds. Since President 
Yanukovych came to power, charges have been filed against 13 senior 
members of Tymoshenko's government: Tymoshenko, four ministers, five 
deputy ministers, two agency heads, and the head of the state gas 
monopoly. Many domestic and foreign observers and governments 
considered the prosecutions politically motivated.
    On August 4, the Public Committee for Defending against Political 
Prosecution, a coalition of 14 domestic human rights NGOs, issued a 
report that designated Tymoshenko and Lutsenko political prisoners 
because they were deprived of their liberty and remained in detention 
on politically motivated charges. The coalition stated that its 
conclusion was based on ``an analysis of the rulings regarding [the 
court's] choice of restraint measures and the circumstances of [the 
defendants'] arrest and remand in custody.''
    Tymoshenko's trial began June 24 at the Pechersk District Court of 
Kyiv. Her attorneys filed numerous motions to protest violations of her 
right to a fair trial, such as failure to admit certain types of 
evidence, failure to call defense witnesses, failure to provide counsel 
sufficient time to study the case, and limitations on cross-
examination. International jurists who observed the trial criticized 
the trial judge's conduct, noting that Tymoshenko's detention was 
unjustified and her right to defense likely violated because her 
attorneys did not have adequate time to prepare for trial. Tymoshenko 
was sentenced on October 11 to seven years in prison and ordered to pay 
the government approximately 1.5 billion hryvnia ($188 million) for 
losses allegedly caused by a 2009 natural gas agreement that Tymoshenko 
signed with Russia. The conviction also prohibited her from running for 
political office for three years after conclusion of her prison term.
    On August 10, Tymoshenko lodged a complaint with the European Court 
of Human Rights (ECHR) concerning her detention and trial. On December 
14, the ECHR announced it would ``give priority to the case Tymoshenko 
v. Ukraine. in view of the serious and sensitive nature of the 
allegations raised.''
    The trial of former minister for internal affairs Lutsenko on 
charges of abuse of office and embezzlement began May 27. He was 
detained in December 2010 on grounds that he was not reviewing case 
materials in a timely manner. The charges stemmed from an alleged 
overpayment of 40,000 hryvnia ($5,000) to a ministry driver. On January 
21, Lutsenko lodged a complaint with the ECHR.
    In November Tymoshenko's husband, Oleksandr, fled the country and 
applied for political asylum in the Czech Republic. His request was 
pending at year's end.

    Regional Human Rights Court Decisions.--Individuals may apply to 
the ECHR to redress alleged violations by the state of human rights as 
provided under the European Convention on Human Rights. During the year 
the ECHR handed down 105 judgments against the country. Most of the 
judgments involved violations of the right to a fair trial, unduly long 
proceedings, protection of property, the right to liberty and security, 
and inhumane or degrading treatment. In 2010 the ECHR issued 107 
decisions against the country for violations of the European Convention 
on Human Rights. At year's end 10,271 applications against Ukraine were 
pending before the ECHR.
    Independent observers noted that while the government paid damages 
to those who won ECHR cases involving financial issues, it failed to 
institute reforms to address the root causes of many of the cases 
brought before the court.

    Civil Judicial Procedures and Remedies.--The constitution and laws 
give citizens the right to challenge any decisions, actions, or 
omissions of national and local government officials that violate their 
human rights. However, the right of redress was limited by an 
inefficient and corrupt judicial system. Individuals may also file a 
collective legal challenge to legislation that they believe may violate 
basic rights and freedoms. Individuals may appeal to the human rights 
ombudsman and to the ECHR after they have exhausted all legal remedies 
in the country.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions; however, in 
practice authorities generally did not respect these prohibitions.
    By law, the Security Service of Ukraine (SBU) may not conduct 
surveillance or searches without a court-issued warrant. The Office of 
the Prosecutor General has the constitutional responsibility to ensure 
that all law enforcement agencies observe the law. Citizens have the 
legal right to examine any dossier concerning them in the possession of 
the SBU and the legal right to recover losses resulting from an 
investigation. However, authorities generally did not respect these 
rights in practice because implementing legislation was not enacted, 
and many citizens were not aware of their rights or that their privacy 
had been violated by authorities.
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. However, in practice government pressure on the media 
intimidated journalists and media owners into practicing self-
censorship in some cases. There were numerous reports that central and 
local authorities attempted to direct media content. There were also 
reports of intimidation and violence against journalists by national 
and local officials and unknown perpetrators.

    Freedom of Speech.--Individuals could criticize the government 
publicly and privately, and independent and international media were 
active and expressed a wide variety of opinions. However, there were 
reports during the year that some SBU officers attended meetings of 
civic organizations to gather information on their activities and the 
political nature of their work.

    Freedom of Press.--While private print and broadcast media outlets 
generally operated free of state control or interference, both 
independent and state-owned media demonstrated a tendency toward self-
censorship on stories that were critical of the government. Although 
private newspapers and magazines ran on a commercial basis, they 
frequently operated at a loss, depending on their owners for revenue 
and thereby giving up editorial independence.
    During the year the state of media freedom was the subject of 
increasing concern by international watchdog groups. For example, in 
February Freedom House downgraded the country's overall status from 
``free'' to ``partly free'' due in part to deteriorating media freedom. 
In a follow-up report in April, Sounding the Alarm, Freedom House noted 
the ``increasingly close relationship between media control and 
political power, and with it a growing degree of self-censorship.''
    In June the International Press Institute issued a report based on 
a fact-finding mission to the country from May 31 to June 3. The report 
found deteriorating conditions for the media due to a lack of respect 
for a divergence of views, impunity for attacks on journalists, and 
corruption at multiple levels of society. In particular the report 
noted that media freedom was perceived to have deteriorated following 
Yanukovych's election in 2010 and that the financial crisis, which 
began in 2008, ``has pushed more and more media into the hands of 
oligarchs'' who tended to support the government.
    In August Reporters without Borders and local media NGOs sharply 
criticized the National Television and Radio Council for its 
nontransparent awarding of licenses to local and national broadcasters 
for digital broadcasting starting in 2015. Some new companies with no 
history of broadcasting in the country and opaque ownership registered 
in Cyprus received multiple licenses. In addition, leading local 
broadcasters in several regional markets that were seen as unsupportive 
of local authorities were denied digital licenses.

    Violence and Harassment.--According to Reporters without Borders, 
during the first nine months of the year, at least 20 journalists were 
physically attacked. At least 18 other journalists were subjected to 
intimidation, and police arrested six in the course of their duties. 
Many of the incidents occurred at the local level and were attributed 
to individual politicians, businessmen, organized criminal groups, 
local police, or unknown assailants.
    On July 31, unknown persons in Donetsk set fire to the apartment of 
Oleksiy Matsuka, the chief editor of Novyny Donbasa Internet Edition, 
and left behind a mock wreath mourning his demise. Matsuka considered 
the attack an attempt on his life because of his work as a journalist. 
On September 7, a Zaporizhzhya official beat Alina Kotenko, a 
journalist with the Reporter newspaper.
    There were no developments during the year in the disappearance and 
likely death of Vasyl Klymentyev in August 2010. Klymentyev was editor 
in chief of the Novy Styl newspaper, which had written about corruption 
among law enforcement officers and other officials in the Kharkiv 
region. President Yanukovych took personal control of the case and 
ordered top law enforcement officials to make every effort to solve 
it..

    Censorship or Content Restrictions.--On June 20, the Kyiv-based NGO 
Institute of Mass Information (IMI) reported that local authorities in 
Donetsk had reverted to issuing ``temnyki''--written orders on news 
coverage--to local state-run television and radio stations. The 
practice was prevalent under former president Kuchma's administration 
but ceased after he left office.
    On August 16, the NGO Common Business alleged that all state oblast 
television stations were instructed to make 10 negative prime-time 
broadcasts about former prime minister Tymoshenko. According to the 
NGO, stations in Trans-Carpathia and Kherson oblasts had complied.
    According to the IMI, regional state-funded print media were under 
significant pressure to praise local officials and governors. Articles 
often had to be approved by the corresponding headquarters of the 
ruling Party of Regions. The IMI also reported that political parties 
frequently ordered placement of stories in regional print media in 
violation of the law. Some journalists maintained that low salaries 
encouraged reporters to supplement their incomes by writing politically 
slanted articles in exchange for payments from benefactors seeking to 
influence news reporting.
    On April 15, the United Kingdom-based owner of the English-language 
Kyiv Post fired chief editor Brian Bonner after a he ran a story 
critical of the agriculture minister. The firing led to a public outcry 
and a strike by the paper's staff. On April 21, the owner rehired 
Bonner, but as part of a new four-person editorial board.
    In August the Kharkiv television station ATN went off the air, 
followed on September 14 by the stations A/TVK and Fora. The immediate 
cause was the refusal of intermediary companies to relay the stations' 
signals. ATN attempted to send signals with its own radio transmitter, 
but the local sanitary office denied the required health certificate, 
citing the supposed negative health effects of the transmissions. ATN 
was owned by an opposition politician who narrowly lost the Kharkiv 
mayoral election in 2010. ATN alleged that the mayor pressured the 
intermediary companies not to transmit the station's signal and also 
ordered the sanitary office to deny the needed certificate. The 
stations remained off air at year's end.

    Libel Laws.--Libel is considered a civil offense, and the law 
limits the amount of damages that may be claimed in libel lawsuits; the 
press can publish inoffensive, nonfactual judgments, including 
criticism, without penalty, and public officials enjoy fewer legal 
protections from criticism than other citizens.
    Local media observers expressed concern over high monetary damages 
that were demanded, and sometimes awarded, for alleged libel. 
Government entities and public figures in particular continued to use 
the threat of civil suits based on alleged damage to a ``person's honor 
and integrity'' to influence or intimidate the press and investigative 
journalists.
    On November 1, a new libel law took effect that reduced the 
monetary bond required to initiate a libel case. Local media analysts 
expressed concern about the new law because the previous law protected 
media companies from potentially bankrupting libel suits by requiring 
plaintiffs to deposit 10 percent of the claimed damages. This in effect 
dramatically reduced the number of lawsuits against media companies and 
journalists. The new law reduced the bond to a set fee of 2,955 
hryvnias ($370), regardless of the amount of damages claimed.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e mail. However, law 
enforcement bodies engaged in Internet monitoring. While online media 
remained free of direct state control, there were at least two cases of 
interference by law enforcement agencies with prominent bloggers and 
online publications.
    On January 12, police searched the apartment of well known blogger 
Olena Bilozerska and seized her computer, laptop, camera, and video 
camera. The search was reportedly triggered by a video made by a 
radical group that Bilozerska reposted on her blog, showing an arson 
attack on the Party of Regions office in Kyiv. The police previously 
searched her apartment in March 2010.
    On June 25, police opened a criminal investigation against the news 
Web sites Ukrainska Pravda and Korrespondent.net after a member of 
parliament from the Party of Regions complained about threats contained 
in comments posted by readers. On June 30, police questioned journalist 
Serhiy Leshchenko of Ukrainska Pravda and demanded that the operators 
of the Web site reveal information from their servers. However, there 
was no further legal action in the case at year's end.

    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 generally provides for freedom of assembly. 
According to local NGOs, however, the government frequently infringed 
on this right by influencing members of the judiciary to side with 
local and national governments in challenging the legality of planned 
protests.
    According to the constitution, organizers must inform authorities 
in advance of a planned demonstration. After notice is given, local 
authorities have the option to challenge the legality of the protest in 
court. The courts have wide discretion either to allow or refuse 
permission on grounds of protecting the public from a possible 
disturbance or crime.
    According to the leader of the initiative ``For Peaceful Protest,'' 
Volodymyr Chemerys, during the year courts sided with local authorities 
in 94 percent of cases to deny permission to the protesters. In 2010 
the denial rate was 83 percent. Although there are no official numbers, 
according to numerous NGO sources, the denial rate for protests that 
were challenged in Kyiv was close to 100 percent.
    In cases where protests were not challenged in court, or when 
protests were conducted in violation of a court order, the government 
deployed disproportionate numbers of police, sometimes greater in 
number than protesters. This significantly discouraged public 
participation. In contrast, police generally allowed progovernment 
protests to proceed undisturbed.
    On May 9, the Kharkiv Human Rights Protection Group (KHPG) released 
a report outlining its concerns over trends in violations of basic 
human rights, including freedom of assembly. According to KHPG, there 
were ``far more'' violations of freedom of peaceful assembly during all 
of 2010 and the first five months of the year than in the period 
between 2005 and 2009.
    On August 24, an estimated 13,000 opposition activists rallied to 
mark the 20th anniversary of the country's independence from the Soviet 
Union and to protest the arrest of former prime minister Tymoshenko. 
Demonstrators attempting to march on the president's office were 
prevented by police in riot gear who outnumbered the peaceful 
protesters.
    On November 18, a court supported a petition from the Kyiv city 
council to ban mass gatherings by opposition and progovernment groups 
on the city's central square that were planned for November 22. Police 
blocked opposition protesters from setting up tents but allowed some 
400 progovernment protesters to set up and use sound amplifying 
equipment. The police presence was heavy, but no arrests were made.

    Freedom of Association.--The constitution and the law provide for 
freedom of association. While the government generally respected this 
right in practice, some restrictions remained. Although there were 
extensive registration requirements for organizations, there were no 
reports that the government used them during the year to disband 
existing organizations or to prevent new ones from being formed.

    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 
to provide protection to asylum seekers, stateless persons, and other 
persons of concern.
    Citizens who wished to travel abroad were able to do so freely. The 
government could deny passports to individuals in possession of state 
secrets, but denials were rare and could be appealed.

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide for granting of asylum or refugee status, and the government 
has established a system for providing protection to refugees. In 
practice, however, authorities failed to provide effective protection 
for refugees and asylum seekers.
    On July 8, the parliament adopted a law on refugees and persons in 
need of complementary or temporary protection. The law contains 
provisions designed to improve and streamline procedures for seeking 
asylum. In particular, it provides that asylum seekers be issued 
documents which identify them as asylum seekers lawfully present in 
Ukraine; recognizes minor children as refugees simultaneously with 
their adult parents; and grants permanent residence immediately after 
recognizing individuals as refugees, which facilitates their 
integration in Ukrainian society. The UNHCR noted that the law was not 
completely in line with international standards, in particular because 
the definition of ``persons of concern'' entitled to complementary 
protection was narrower than in the EU Qualification Directive. Under 
this law only those who actively apply for asylum are considered 
``persons of concern'' and entitled to complementary protection. Those 
who do not apply for asylum are not considered ``persons of concern,'' 
even though they may be in need of international assistance.
    In December 2010 the president abolished the State Committee for 
Nationalities and Religions (SCNR) and established the State Migration 
Service (SMS) as part of wide-ranging administrative reforms to reduce 
the size of government. Coordinated by the Ministry of Internal 
Affairs, this central executive body is responsible for migration 
management. As of October, regional offices of the SCNR were being shut 
down; however, the SMS had yet to set up its regional offices. These 
changes, together with the implementation of the new law on refugees, 
resulted in processing delays for those seeking refugee and asylee 
status.
    During the first nine months of the year, the SMS received 523 
asylum claims. At year's end 170 asylum decisions had been issued. 
Furthermore, according to the UNHCR, the reshuffling of ministerial 
positions and responsibilities led to a complete halt in all asylum 
processing for at least four months.
    Administrative courts responsible for reviewing appeals of denied 
asylum applications were overwhelmed by a backlog of cases, leading the 
Kyiv Administrative Court of Appeals to postpone its review of 
deportation appeals until 2012.
    There are no legal provisions for voluntary return. However, the 
local office of the International Organization for Migration (IOM), in 
cooperation with the State Border Guards Service (SBGS) and the 
Ministry of Internal Affairs, continued to operate a program on 
assisted voluntary return to help stranded migrants and failed asylum 
seekers to return to their countries of origin. Five local NGOs in the 
Mukachevo, Chernihiv, Odesa, Kharkiv, and Volyn oblasts participated in 
the voluntary return program.

    Nonrefoulement.--The government provided some protection against 
the expulsion or return of refugees to a country where there was reason 
to believe their lives or freedom would be threatened on account of 
their race, religion, nationality, membership in a particular social 
group or political opinion. However, there were some exceptions. During 
the year the UNHCR recorded three incidents involving the expulsion of 
13 individual asylum seekers or refugees, compared with six individuals 
in 2010. Incidents included cases in which individuals were denied 
access to the territory of Ukraine.
    In March Russian environmental activist Denis Solopov sought 
political asylum in the country. While he obtained refugee status from 
the UNHCR, Ukrainian authorities denied his asylum application. Because 
Solopov was on the international wanted list, authorities placed him 
under arrest pending review of Russia's extradition request. According 
to media reports, Solopov was released in July and went to the 
Netherlands, where he was granted political asylum.

    Refugee Abuse.--On March 16, Amnesty International reported 
mistreatment of and attempts to deport eight Afghan asylum seekers 
detained by the SBGS in Boryspil Airport. UNHCR spokesman Maksym 
Butkevych stated the situation showed that ``the asylum system in 
Ukraine does not work.''
    In December 2010 HRW reported that asylum seekers and undocumented 
migrants in the country ``risk abusive treatment and arbitrary 
detention.'' Although torture was ``not systemic,'' the testimonies of 
refugees, migrants, and asylum seekers indicated that it did 
sporadically occur. While conditions in some migration detention 
facilities had improved, detainees alleged that inhuman or degrading 
treatment, including beatings, kicking, and food deprivation occurred. 
``All of these abuses took place in a climate of impunity, with victims 
fearful of reporting the abuse and perpetrators not held to account,'' 
the report stated.
    Regulations initiated by the SBGS in 2009 require foreign nationals 
transiting the country to Western Europe and stateless persons to 
posses no less than ``70 subsistence levels,'' or 12,620 hryvnia, 
($1,580) to sustain their stay in the country. In September 2010 the 
UNHCR stated that this change ``should not affect access to the asylum 
procedure or undermine the nonrefoulement principle.''
    Human rights groups noted that the current law on refugees does not 
expressly provide protection for war refugees, victims of 
indiscriminate violence, or failed asylum seekers who could face the 
threat of torture or loss of life or freedom if deported.
    According to the UNHCR and local human rights groups, the 
complicated and burdensome registration system often left asylum 
seekers without documents during the protracted review of their cases 
and the appeal process. This left them vulnerable to frequent police 
stops, detention, and fines. Refugees and asylum seekers, mainly from 
Africa and Asia, were at times victims of violent, racially motivated 
attacks. Asylum seekers in detention centers were sometimes unable to 
apply for refugee status within prescribed time limits and had limited 
access to legal and other assistance. The problem was further 
complicated by the lack of access to qualified interpreters to complete 
registration documents. In addition, some migration service centers 
closed as part of the administrative reform, limiting the access of 
asylum seekers to services.
    During the year the UNHCR and local NGOs worked with approximately 
138 unaccompanied children seeking asylum. The majority were not 
registered with asylum authorities and were unable to access 
appropriate services and care, leaving them vulnerable to exploitation 
and abuse.
    The country remained a destination and transit country for 
migrants. According to the SBGS, 8,100 irregular migrants were 
identified during the year, 59 fewer than in 2010. Of that number, 
approximately 6,300 were not allowed into the country, and 1,800 were 
apprehended when illegally crossing the border. According to the SBGS, 
34 Chechens and 1,493 Uzbeks were also apprehended in the first nine 
months of the year.
    According to the Ministry of Internal Affairs, during the year 282 
detained irregular migrants were held in two new facilities in 
Chernihiv and Volyn oblasts, compared with 350 in 2010. The Ministry of 
Internal Affairs reported that 205 refugees were housed in two 
facilities in the Trans-Carpathia and Odesa oblasts. The combined 
capacity of these two facilities was 270.

    Durable Solutions.--Refugees who have resided in the country for 
three years may apply for citizenship.

    Stateless Persons.--According to the law, citizenship is derived by 
birth, territorial origin, naturalization, restored citizenship, and 
adoption.
    According to UNHCR estimates, there were 40,353 stateless persons 
in the country at the end of 2010.
    Stateless persons also included an unknown number of persons who 
either lived in the country for decades but failed to clarify their 
citizenship status after the collapse of the Soviet Union in 1991 or 
arrived in the country as students or visitors both before and after 
1991. Many did not obtain residency documents or take other steps to 
register according to the regulations of their country of origin.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and the law provide citizens the right to change 
their government peacefully. The law guaranteed citizens the right to 
vote in periodic, free, and fair elections based on universal suffrage. 
However, some recent elections did not meet international standards of 
transparency and fairness.

    Elections and Political Participation.--Recent Elections.--The 
first round of the presidential elections took place in January 2010. 
International and domestic observers assessed the vote as having met 
most international standards. As no candidate received 50 percent of 
the vote, the two candidates with the most votes--Viktor Yanukovych and 
Yulia Tymoshenko--competed in a runoff election three weeks later. 
Observers assessed the runoff as largely free and fair. Yanukovych won 
by a narrow margin with 48.9 percent of the vote.
    Local elections in October 2010 did not meet the standards for 
openness and fairness set by the presidential election. According to 
domestic and international observers, numerous procedural and 
organizational irregularities marred the vote. Specifically, observers 
noted shortcomings, such as insufficient training for electoral 
commission members. Other problems were attributed to a new local 
election law adopted two months prior to the vote. The law blocked 
participation of new parties, allowed for improper use of 
administrative resources during the electoral campaign, established 
unbalanced electoral commissions, and created complicated registration 
and voting procedures. Election observers also reported incidents of 
law enforcement authorities pressuring monitors and candidates and 
election officials selectively barring or removing candidates from 
ballots. The president's ruling party won clear majorities in most 
regions and big cities throughout the country.
    On November 17, the parliament approved a new law on parliamentary 
elections that will take effect ahead of parliamentary elections in 
October 2012. The law introduced a mixed electoral system in which half 
of the candidates for parliament are elected from proportional party 
lists and the other half directly elected in single-member districts. 
The law also raised from 3 percent to 5 percent the percentage of the 
total votes required for a party to hold parliamentary seats and 
disallowed party blocs from running.

    Participation of Women and Minorities.--There were 36 female 
members of the 450-seat parliament, and a woman held the post of 
secretary of the National Security and Defense Council. The 18-member 
Constitutional Court included two female justices.
    The exact number of minorities in parliament and the cabinet was 
not available due to privacy laws.
    Crimean Tatar leaders continued to call for changes in the election 
law to give them greater representation in the Crimean and national 
parliaments. The law does not allow for the creation of regional 
political parties, and Crimean Tatars had to join national political 
parties or blocs. Only one Crimean Tatar was a member of the national 
parliament.
    In October, Refat Chubarov, the deputy leader of the Crimean Tatar 
Mejlis (governing body), voiced concerns that representation of Crimean 
Tatars, who made up 13 percent of Crimea's population, in local 
government continued to decrease. According to Chubarov, Crimean Tatars 
were represented at the level of 4-5 percent in local Crimean 
government. Crimean Tatars occupied seven seats in the 100-member 
Crimean parliament. The Mejlis was not recognized by national 
authorities.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, corruption was ineffectively prosecuted, and penalties were 
rarely imposed. Corruption remained a pervasive problem and was 
widespread in the executive, legislative, and judicial branches of 
government and in society. Government officials at all levels often 
engaged in corrupt practices.
    On April 7, the parliament adopted the Law on Basic Principles of 
Prevention and Counteraction of Corruption, which entered into effect 
on July 1. The law expanded the list of persons that can be found 
liable for corruption to include (in addition to civil servants) 
persons who provide public services, such as notaries, and aides to 
parliamentarians. It introduced a requirement for public officials to 
declare their income and expenses and restricted the ability for 
officials to receive gifts, employ close relatives, or use information 
they learned in the course of their work for personal gain. The law 
tasked the Ministry of Justice with designing and maintaining a 
database of persons guilty of corruption.
    On May 27, GRECO (the Council of Europe's Group of States against 
Corruption) expressed concern that the country's anticorruption efforts 
lacked an overall, independent anticorruption body and a detailed plan 
of action for the implementation of the National Anticorruption 
Strategy.
    In April 2010 President Yanukovych announced that the Prosecutor 
General's Office had opened more than 30 criminal cases against members 
of the previous government. Opposition politicians and human rights 
groups claimed the cases were politically motivated. Domestic and 
international observers also raised concerns about the charges noting 
that while the government had a right to investigate corruption, the 
prosecution should not be selective or politically motivated. President 
Yanukovych refuted the charge of selective prosecution and stated that, 
``hundreds of criminal cases have been launched against representatives 
of current and previous administration.'' However, these officials do 
not include any high-ranking officials of the current government.
    The trials of five former government officials on corruption 
charges and abuse of authority continued at year's end. Georgiy 
Filipchuk and Anatoliy Makarenko were released from pretrial detention 
and prohibited from travel. Yevhen Korniychuk was amnestied. Two others 
remained in custody, former internal affairs minister Lutsenko and 
former acting defense minister Valeriy Ivashchenko, who has been in 
custody since August 2010.
    On January 21, the Crimean prosecutor's office started a criminal 
case against Anatoliy Hrytsenko, a member of the Party of Regions and 
former speaker of the Crimean parliament, on charges of sanctioning 
fraudulent privatization of state-owned lands between 2001 and 2005. 
Hrytsenko was arrested on January 25 and remained in custody at year's 
end.
    Police corruption remained a problem. The Prosecutor General's 
Office reported that during the year prosecutors initiated and 
forwarded to courts criminal corruption cases against 385 police 
officers, 120 tax officials, 36 customs officers, 18 prosecutors, six 
Security Service officers, five border guards, and 86 penitentiary 
service officers.
    Judges are immune from prosecution and may not be detained or 
arrested unless parliament rescinds their immunity. During the year the 
Prosecutor General's Office confirmed that it had initiated 33 
corruption cases against judges and forwarded 35 corruption cases 
against judges to court. During the year 16 judges were found guilty of 
wrongdoing, 12 were convicted of bribery, one of knowingly issuing an 
unjust decision, and three of abuse of power or office.
    On September 20, the Kyiv International Institute of Sociology 
released the results of a survey on corruption in the country: 60 
percent of respondents indicated they had been involved in corrupt 
transactions with government officials in the previous 12 months.
    The constitution and the law authorize public access to government 
information unless it pertains to national security. Government bodies 
are required to respond to requests within 10 days and to provide 
information within 30 days. Denials can be appealed to a higher level 
at the agency concerned and then to a court. However, access to 
official information remained difficult. Government officials often did 
not understand the law and at times withheld information.
    In April a new law on access to government information came into 
force that requires government officials to provide information to the 
public upon request. However, local media and NGOs reported that the 
government's implementation of the law had been uneven, and there were 
reports that officials refused to provide requested information.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. However, government 
officials were not uniformly cooperative or responsive to their views, 
and in some instances a climate of mistrust existed between the NGOs 
and officials. Despite reports of intimidation by the SBU, NGOs 
continued openly to criticize the government's human rights 
performance.
    On May 17, the parliament passed the first reading of the draft law 
on NGOs to simplify registration requirements and remove restrictions 
on their activities. Civil society groups, which took active part in 
developing the draft, welcomed the step and urged the parliament to 
adopt the law. The draft legislation did not advance further in 
parliament during the year and was not adopted by year's end.

    Government Human Rights Bodies.--The constitution provides for a 
human rights ombudsman, officially designated as the Parliamentary 
Commissioner on Human Rights. On January 14, human rights ombudsman 
Nina Karpachova presented a constitutionally mandated report to 
parliament on the human rights situation in the country in 2010. Human 
rights groups criticized the report for being too short, and the 
ombudsman for poor cooperation with human rights organizations and not 
opening regional offices. They acknowledged that the ombudsman's office 
was active but expressed concern that its efforts were not leading to 
systemic changes.
    According to the ombudsman's office, 164,146 persons filed 
complaints with the office during the year. Of that number, 
approximately 45 percent related to civil rights, in particular the 
right to a fair trial, abuse by law enforcement personnel, and timely 
implementation of court rulings. The remaining complaints involved 
violations of social rights (15 percent); economic rights (13 percent); 
individual rights (13 percent), including right to life, respect for 
personal integrity, and prohibition of torture in detention; and 
political rights (12 percent).
    A parliamentary committee on human rights, national minorities, and 
interethnic relations continued to operate during the year. The 
committee's subcommittees work on issues such as interethnic relations, 
gender policy, indigenous peoples, national minorities and ethnic 
groups, deported persons, victims of political repression, ethnic 
policy, prevention of domestic conflict, refugees, and migration.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, language, 
social status, or other circumstances. However, both governmental and 
societal discrimination persisted, and the government did not 
effectively enforce the prohibitions. The constitution and law prohibit 
discrimination based on race, skin color, and ethnic and social origin. 
The law criminalizes deliberate actions to incite hatred or 
discrimination based on nationality, race, or religion, including 
insulting the national honor or dignity of citizens in connection with 
their religious and political beliefs, race, or skin color.

    Women.--Rape and Domestic Violence.--The law prohibits rape but 
does not explicitly address spousal rape. A law against ``forced sex 
with a materially dependent person'' may allow prosecution for spousal 
rape. According to the Ministry of Internal Affairs, during the year 
police recorded 586 incidents of rape or attempted rape, a decrease of 
2.3 percent from the same period in 2010.
    Domestic violence against women remained a serious problem. Spousal 
abuse is illegal but was common. Advocacy groups asserted that the 
percentage of women subjected to physical violence or psychological 
abuse at home remained high.
    The law permits the administrative arrest of a person for up to 
five days for offenses related to domestic violence.
    During the year the Ministry of Internal Affairs recorded 162,768 
complaints of domestic violence, including 81,304 men and 5,876 women 
placed under police supervision for domestic violence. At year's end, 
according to the Ministry of Internal Affairs, 109,468 persons were 
under police supervision for domestic violence, compared with 102,133 
in 2010.
    Police issued 76,100 warnings and 3,700 protective orders related 
to domestic violence in the first nine months of the year. During the 
same period, administrative charges were brought against 98,928 
individuals for domestic violence and for disobeying protective orders.
    The law requires the government to operate a shelter in every major 
city, but in practice it did not, in part due to the lack of municipal 
funding.
    According to the Ministry of Social Policy, there were 21 centers 
for social-psychological assistance and 15 assistance centers for 
mothers and children in 18 oblasts, Crimea, and the cities of Kyiv and 
Sevastopol. During the year these centers provided assistance to 7,722 
persons, of whom at least 226 were victims of domestic violence. 
Additionally the centers provided telephone consultations to 5,526 
callers. NGOs operated additional centers for domestic violence victims 
in Vinnytsia, Donetsk, Zhytomyr, Odesa, Chernihiv, Poltava, Sumy and 
Khmelnytskiy oblasts.
    According to women's advocacy groups, privately and municipally 
funded shelters were not always accessible. Some did not function 
throughout the year, and shelters in Kyiv did not admit women who were 
not registered as Kyiv residents. Government centers offered only 
limited legal and psychological assistance to victims of domestic 
violence.

    Sexual Harassment.--The law on equal rights and opportunities puts 
sexual harassment in the same category as discrimination; however, 
women's rights groups asserted that it does not contain an effective 
mechanism to protect against sexual harassment. Women's groups reported 
that there was continuing, widespread sexual harassment and even 
coerced sex in the workplace.
    While the law prohibits coercing a ``materially dependent person,'' 
which includes workers and employees, to have sexual intercourse, legal 
experts regarded the safeguards against harassment as inadequate. La 
Strada-Ukraine, an NGO that focuses on gender issues, operated a 
national hotline for victims of violence and sexual harassment. During 
the year 12,162 persons called the hotline for assistance. Of that 
number, 4.7 percent of the calls related to sexual violence.

    Sex Tourism.--Sex tourism remained a problem; however, there were 
no official statistics on its extent. On June 29, Kateryna Levchenko, 
president of La Strada-Ukraine, stated in interview with the BBC that 
the number of visitors for sex tourism continued to grow. During the 
year a local feminist group, FEMEN, held demonstrations against the 
increase of sex tourism in the country. In 2009 then internal affairs 
minister Lutsenko stated in an interview with Segodnya that ``Ukraine 
is becoming a paradise for sex tourism.''

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children. Health clinics and local health 
NGOs were permitted to operate freely in disseminating information on 
family planning under the guidance of the Ministry of Health. There are 
no restrictions on the right to access contraceptives.
    Quality prenatal and postnatal care remained inaccessible to many 
women because state-funded clinics were underfunded and lacked quality 
equipment and services in private clinics were expensive. According to 
the Ministry of Health, the maternal mortality rate was 17.6 per 
100,000 births during the year. Some of the reproductive health 
concerns affecting the system included rapidly growing rates of 
sexually transmitted infections including HIV/AIDS, poor quality sexual 
and reproductive health services in state-funded hospitals, low 
awareness of modern contraceptives, and the expense of high-priced 
medical services in private clinics that made them inaccessible to 
large groups of local residents.
    Men and women received equal access to diagnosis and treatment for 
sexually transmitted infections, but local health NGOs and clinics 
reported that women were more likely than men to seek treatment and 
refer their partners. Romani rights groups reported that Romani women 
experienced racial discrimination in standards of medical care and 
lacked access to information on health matters.

    Discrimination.--Under the law women enjoyed the same rights as 
men, including equal pay for equal work, a principle that generally was 
observed. However, industries dominated by female workers had the 
lowest relative wages. Women received lower salaries due to limited 
opportunities for advancement and the types of industries in which 
women were employed.

    Children.--On August 11, President Yanukovych signed a decree 
creating the position of a president's ombudsman for children's rights. 
The envoy monitors compliance with the country's domestic and 
international commitments on children's rights, participates in 
developing presidential decrees and draft laws on this subject, and 
works with the public to inform about the rights and interests of 
children.

    Birth Registration.--Citizenship is determined by birthplace or 
parentage. A child born on the territory of the country in a family of 
stateless persons residing permanently in the country is a citizen. The 
law requires that parents register a child within a month of birth.

    Education.--While education was free, universal, and compulsory 
until age 15, the public education system continued to suffer from 
chronic underfunding, and children from poor families continued to drop 
out of school before turning 15.
    According to a 2009 report by a coalition of 14 children's rights 
NGOs, more than 20,000 children did not attend school in the period 
2002-08. Many children were employed in agriculture and illegal coal 
mines or, in some cases, forced by their parents to beg. NGOs reported 
that a lack of schooling remained a significant problem among the rural 
population and within the Romani community. In some cases rural schools 
were closed due to the small number of school-age children, forcing 
children to travel long distances, often at personal expense, to attend 
schools in other villages.

    Child Abuse.--Children continued to be victims of violence and 
abuse. According to the Ministry of Internal Affairs, in the first 11 
months of the year, 9,926 minors were victims of crime, including 57 of 
intentionally inflicted bodily injury. The Ministry of Internal Affairs 
also recorded 124 cases of child rape and 256 cases of corruption of 
minors during the first 11 months of the year.
    The law sets penalties of up to three years in custody for forcing 
children into begging.

    Child Marriage.--The minimum age for marriage is 17 for women and 
18 for men. The law provides that a court may grant a child as young as 
14 permission to marry if it is in the child's interest. According to 
UNICEF statistics, 10 percent of women between the ages of 20 and 24 
reported being married or in a union before they were 18. Romani rights 
groups reported that early marriages involving girls under 18 were 
common within the Romani community.

    Sexual Exploitation of Children.--Commercial sexual exploitation of 
children remained a serious problem. Domestic and foreign law 
enforcement officials reported that a significant amount of child 
pornography on the Internet continued to originate in the country. In 
her statement on June 1, human rights ombudsman Karpachova quoted 
Interpol statistics that estimated the domestic child pornography 
market to be worth $100 million per year. Karpachova also stated that 
in the past five years close to 3,000 persons were convicted of sexual 
crimes against children.
    The law uses an internationally recognized definition of child 
pornography. The courts have the authority to limit access to Web sites 
that disseminate child pornography and to impose financial penalties 
and prison sentences for those running the Web sites.
    The minimum prison sentence for child rape is 10 years. Molesting 
children under 16 is punishable by imprisonment for up to five years. 
The same offense committed against a child under 14 is punishable by 
imprisonment for a term of five to eight years.

    Displaced Children.--According the Ministry of Education, Science, 
Youth and Sports, as of November there were 117 children shelters and 
assistance centers across the country in all oblasts and the cities of 
Kyiv and Sevastopol. The shelters had a capacity for 4,243 children; 
during the first nine months of the year, 10,700 children came to these 
shelters.

    International Child Abductions.--The country is party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--According to government census data and 
international Jewish groups, an estimated 103,600 Jews lived in the 
country, or approximately 0.2 percent of the population. Local Jewish 
leaders estimated the number of persons with an ethnic Jewish heritage 
to be as high as 370,000.
    There were a number of acts of anti-Semitism, some involving 
vandalism of Jewish property. According to the Association of Jewish 
Organizations and Communities of Ukraine (VAAD), there were 11 
incidents of vandalism during the year compared with 16 incidents in 
2010 and 19 incidents in 2009. There were no reports of violent 
incidents of anti-Semitism during the year.
    In April paint was thrown on a Jewish community building in Sumy. 
Other acts of vandalism during the year targeted a Holocaust monument 
in Lviv Oblast in March, a synagogue in Yevpatoriya in March, and a 
Holocaust memorial in Feodosia in June.
    At year's end there were no reports that authorities had identified 
suspects or made arrests in cases of vandalism against Jewish property 
in 2010, which included paint splashed on the monument marking the 
birthplace of Rabbi Menachem Schneerson in Mykolayiv.
    Members of marginal populist and nationalist parties and 
organizations continued to make occasional extremist, intolerant, and 
anti-Semitic statements. Spray-painted swastikas were a common sight 
throughout Kyiv.
    According to representatives of the Jewish community in Kherson, 
the trial of Serhiy Kyrychenko--who made frequent anti-Semitic remarks 
in media appearances--continued at year's end. Kyrychenko accused Jews 
of robbing the country's people and plotting to enslave Ukrainians and 
exterminate Slavs. A judge ordered Kyrychenko to undergo a psychiatric 
evaluation, but he filed appeals and motions, which delayed the case. 
In November 2010 the National Television and Radio Broadcasting Council 
warned the Kherson Television and Radio Company about racist and anti-
Semitic remarks Kyrychenko made in 2009 on a local radio show.
    Anti-Semitic articles continued to appear in small publications, 
although their number and circulation continued to decline. According 
to VAAD, 18 anti-Semitic articles were published in major print media 
outlets during the year compared with 25 in 2010 and 46 in 2009.
    Senior government officials and politicians from various political 
parties continued efforts to combat anti-Semitism by speaking out 
against extremism and social intolerance and by criticizing anti-
Semitic acts.
    The Ministry of Foreign Affairs, Ministry of Internal Affairs, 
State Border Guard Committee, State Customs Service, State Committee 
for Tourism, and other agencies cooperated to support Jewish 
pilgrimages to the burial site in Uman of Rabbi Nakhman, founder of the 
Bratslav Hasidic movement. According to media reports, approximately 
26,000 pilgrims traveled to Uman in September. Growing numbers of 
Jewish pilgrims visited burial sites of prominent spiritual leaders in 
Medzhybizh, Berdychiv, and Hadyach.
    During the year VAAD reported a spike in anti-pilgrimage and anti-
Semitic rhetoric in Uman. In June and July a group called ``My 
Umanchany'' (We are Uman residents) organized several rallies against 
an annual Jewish pilgrimage to the city. In mid-September another group 
wrote a letter to President Yanukovych proposing to transfer Rabbi 
Nakhman's remains to Israel to prevent conflicts with pilgrims. At the 
end of September the right-wing political party Svoboda and the right-
wing group Sokil announced their plan to hold a march called ``Uman 
without Hasidim.'' The court banned this march and police dispersed the 
Svoboda protesters, briefly detained 67 people, and issued them 
citations for violating the court order.

    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 other 
state services; however, the government generally did not enforce these 
laws.
    As of January, according to the State Committee for Statistics, the 
number of persons with disabilities was 2,709,982, including 165,121 
children. NGOs complained that the government did not allocate adequate 
resources to help those with disabilities.
    According to Semen Gluzman of the Ukrainian Psychiatric Association 
(UPA), patients in mental health facilities remained at risk of abuse, 
and many psychiatric hospitals continued to use outdated methods and 
medicines. According to the UPA, insufficient funding, the absence of 
public watchdog councils at psychiatric hospitals, patients' lack of 
access to legal counsel, and poor enforcement of legal protections 
deprived patients with disabilities of their right to adequate medical 
care.
    According to the law, employers must allocate 4 percent of 
employment opportunities to persons with disabilities. NGOs noted that 
many of those employed to fill these positions received a nominal 
salary to meet the requirement but did not actually work at their 
companies. During the first nine months of the year, 7,900 persons with 
disabilities received jobs through government employment-placement 
services, according to the Ministry of Social Policy.
    The Ministry of Education confirmed there were 382 specialized 
secondary schools and boarding schools with a total of 46,327 children, 
as well as 40,371 classes with inclusive education serving 69,621 
children with special educational needs. In general secondary schools 
there were 508 classes for children with disabilities serving 4,845 
children.
    Advocacy groups maintained that despite existing legal guarantees 
most public buildings remained inaccessible to persons with 
disabilities. Access to essential services and activities such as 
employment, education, health care, transportation, and financial 
services remain difficult. NGOs expressed concern over the lack of 
programs to promote the integration of students with disabilities into 
the general student population and noted that the lack of needs 
assessment programs by state-funded employment centers led to the 
placement of graduates with disabilities in inappropriate jobs.

    National/Racial/Ethnic Minorities.--Mistreatment of minority groups 
and harassment of foreigners of non-Slavic appearance remained a 
problem, although NGO monitors reported that hate crime incidence 
continued to decrease. While incitement to ethnic or religious hatred 
is a crime, human rights organizations stated the requirement to prove 
actual intent, including proof of premeditation and intent to incite 
hatred, made its legal application difficult. Police and prosecutors 
generally prosecuted racially motivated crimes under laws against 
hooliganism or related offenses.
    The government acknowledged that racism and ethnically motivated 
attacks were a problem. However, some officials continued to minimize 
their seriousness, maintaining that xenophobia was not a problem and 
violent attacks were isolated incidents. Law enforcement authorities 
often recommended that Africans studying in the country stay at home 
after dark and generally stay away from areas where young people 
congregate.
    No official statistics were available on the number of racially 
motivated attacks. However, the Diversity Initiative monitoring group, 
a coalition of international and local NGOs headed by the IOM mission 
in Kyiv, reported 23 attacks involving 40 victims during the year. 
During the same period in 2010, seven attacks were reported. According 
to the Diversity Initiative, police initiated eight criminal cases in 
the attacks they documented during the year.
    According to the Prosecutor General's Office, courts received three 
cases involving criminal intent to incite hatred, and investigations 
into three other cases remained pending at year's end. During the year 
five persons were found guilty of violating the law against inciting 
hatred, compared with three in 2010 and four in 2009. According to the 
Prosecutor General's Office, four of the five people received amnesty 
and the fifth person was freed because of ``active repentance.'' The 
IOM noted that members of law enforcement agencies are generally poorly 
trained on the application of the law against inciting hatred, and 
police generally applied laws against hooliganism to make arrests in 
such cases.
    The criminal code provides increased penalties for hate crimes. 
Premeditated killing on grounds of racial, ethnic, or religious hatred 
carries a 10- to 15-year prison sentence. Other hate crimes can be 
punished by a fine from 3,400 to 8,500 hryvnias ($425 to $1,063) or up 
to five years in prison.
    Advocacy groups asserted that police occasionally detained dark-
skinned persons and subjected them to far more frequent and arbitrary 
document checks. At times victims of xenophobic attacks were prosecuted 
for acting in self-defense.
    Some of the most active xenophobic groups were the unregistered 
Ukrainian National-Labor Party, the Patriots of Ukraine organization, 
the Ukrainian Movement against Illegal Immigration, White Power-
Skinhead Spektrum, the country's branch of Blood and Honor, and the 
World Church of the Creator Ruthenia. Such groups appeared to be 
marginal and poorly organized.
    Roma continued to face governmental and societal discrimination. 
Romani rights groups estimated the country's Romani population to be 
between 200,000 and 400,000. Official census data placed the number at 
47,600. The discrepancy was due in part to a lack of legal 
documentation and poor record keeping in the Romani community. 
According to experts, there were 200 Romani NGOs, of which two were 
national.
    Approximately two-thirds of Roma were illiterate, 15 percent were 
infected with tuberculosis, and 60 percent of Romani children in Trans-
Carpathia were infected with tuberculosis. One-third of Roma had no 
funds to pay for medicine or doctors' services.
    Representatives of Romani and other minority groups claimed that 
police officials routinely ignored and sometimes abetted violence 
against Roma and referred to Romani ethnicity in crime reports. Romani 
rights NGOs reported several incidents in Lviv Oblast, where police 
entered Romani settlements, detained men, and brought them to police 
stations for fingerprinting and identification. According to these 
reports police did not identify the reason for detention or 
fingerprinting and mistreated the detained Roma.
    There were fewer reports of government cooperation with the Romani 
community than in 2009. The chairman of the Roma Congress of Ukraine, 
Petro Hryhorychenko, was formerly a member of the presidential council 
on ethnic-national policy and a member of the NGO advisory council with 
the SCNR.
    The constitution provides for the free development, use, and 
protection of Russian and other minority languages. According to the 
Ministry of Education, 1,149 educational facilities used Russian as the 
main language of instruction, serving 685,806 schoolchildren. According 
to ministry figures, 1,242,184 students studied Russian as a separate 
subject in secondary schools, and 13,147 secondary school students 
studied Russian as an extracurricular course.
    Ukrainian and Crimean Tatar minorities in Crimea continued to 
complain of discrimination by the ethnic Russian majority on the 
peninsula and in Sevastopol. They urged that the Ukrainian and the 
Crimean Tatar languages be given a status equal to Russian.
    As of January 1, the Crimean Republican Committee for Interethnic 
Relations reported that approximately 264,500 registered Crimean Tatars 
lived in the country, including in Crimea and in Kherson Oblast.
    According to the committee, Crimean Tatars resided in 300 
settlements on the Crimean Peninsula, and authorities allocated 24.9 
million hryvnias ($3.1 million) for their integration during the year. 
Crimean Tatars asserted that discrimination by local officials deprived 
them of equal opportunities for employment in local administrations and 
that propaganda campaigns, particularly by pro-Russian groups, promoted 
hostility against them. On October 5, during a meeting with the 
representatives of the diplomatic community of Ukraine, Mustafa 
Jemilev, the chairman of the Crimean Tatar Mejlis, warned of increasing 
discrimination against Crimean Tatars. He stated that many Crimean 
Tatars were beginning to think that the ``government considers them as 
second class people.''

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The lesbian, gay, bisexual, 
and transgender (LGBT) community continued to suffer societal stigma 
and discrimination. Those who openly declared their sexual orientation 
experienced discrimination in education, the workplace, and access to 
medical treatment and to information on the prevention of HIV/AIDS.
    According to the registered LGBT rights group Our World (Nash Mir), 
law enforcement representatives were involved in 69 identified 
instances of discrimination against gay men and lesbians during 2010-
11. The group also maintained that police mistreated and collected 
personal data on gay men and lesbians, while the Ministry of Internal 
Affairs ignored homophobic attitudes among its personnel.
    On February 20, according to the Nash Mir, there was an incident in 
Makiivka, Donetsk oblast, in which several young men broke into a room 
where a Christian LGBT organization was making a presentation, threw 
firecrackers, and shouted homophobic slogans. The head of the 
organization filed a complaint with police. As of October the police 
had not announced the results of the investigation.

    Other Societal Violence or Discrimination.--Persons with HIV/AIDS 
faced discrimination and at times lacked access to treatment. The All-
Ukrainian Network of Persons Living with HIV continued to note that 
persons with HIV/AIDS faced discrimination in the workplace, job loss 
without legal recourse, harassment by law enforcement officials and 
prosecutors, social isolation, and stigmatization.
    HIV service providers reported that police checks of substitution 
therapy clinics, which began at the end of 2010, continued throughout 
the year. On January 18, the Ministry of Internal Affairs issued an 
order for law enforcement to collect personal data of patients enrolled 
in opiate-substitution programs. According to HRW, police raided drug 
treatment facilities, demanded that patients disclose confidential 
information, ``including their HIV status and criminal records,'' and 
ordered that HIV service providers surrender their project documents, 
``effectively paralyzing essential HIV prevention and outreach programs 
for drug users.''
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 without 
previous authorization. By law all trade unions have equal status, and 
the establishment of a trade union does not require government 
permission.
    The law provides for the right of workers to strike on condition 
that a strike does not jeopardize national security, public health, or 
the rights and liberties of others. The right was generally respected 
in practice. The right to strike does not apply to personnel of the 
Prosecutor General's Office, the judiciary, armed forces, security 
services, law enforcement agencies, the transportation sector, or 
public servants. Personnel from these entities may seek redress through 
the judicial system.
    Federations and confederations of unions are not entitled to 
strike. A strike may be organized only if two-thirds of the workers of 
an enterprise vote for it, which trade unions considered to be an 
unfairly high threshold. The law permits trade unions to organize and 
participate in collective bargaining. It calls for joint worker-
management commissions to resolve differences over wages, working 
conditions, and the rights and duties of management at the enterprise 
level. The National Mediation and Reconciliation Service mediates labor 
disputes. There are no legal mechanisms to prevent antiunion 
discrimination.
    The right to form unions was generally respected in practice. To 
function, a union must be registered by the government. Unions reported 
that the registration process was extremely burdensome, entailing 
payments of multiple fees and visits to as many as 10 different 
offices. The International Trade Union Confederation (ITUC) 
characterized the registration requirement as ``a restriction 
unacceptable by international labor standards.'' Unions affiliated with 
the Federation of Trade Unions (FPU), which inherited assets from 
Soviet-era unions, have enjoyed an advantage in organizing workers.
    In addition, the recent passage and implementation of the Social 
Dialogue Law has increased the burden on smaller and independent unions 
to meet representation criteria to take part in tripartite 
negotiations, participate in social insurance programs and represent 
labor at a national and international level. While this does not 
directly impact workers' freedom of association, it affects the ability 
of smaller independent unions to effectively represent their members' 
interests by limiting which unions meet criteria. The ITUC published an 
opinion in December indicating its doubt as to the true independence 
and objectivity of the agency that determines which unions meet the 
Social Dialogue's representation criteria.
    Unions not affiliated with the FPU, including the Confederation of 
Free Trade Unions of Ukraine (CFTU), continued to be denied a share of 
the former Soviet trade unions' real estate and financial holdings. 
These included social insurance benefit funds, which gave the FPU a 
benefit that independent unions could not offer. Leaders of non-FPU 
trade unions and some government officials claimed that the FPU 
improperly sold some Soviet-era assets to thwart their future 
distribution. While a 2007 parliamentary moratorium on the FPU's sale 
of property remained in place during the year, the current government 
dissolved a commission formed during the previous administration to 
inventory union assets. On the whole, the manner in which the law was 
applied disadvantaged the bargaining process against newer and more 
independent unions and favored FPU-affiliated unions.
    The joint worker-management commissions were not always effective, 
and enforcement was uneven. The commissions were at times dominated by 
management and union representatives co-opted by management. Renouncing 
membership in an FPU-affiliated union and joining a new union was 
bureaucratically onerous and typically discouraged by management.
    In practice the right to organize and bargain collectively was not 
always respected. Members of a major CFTU-affiliated union were pushed 
out of collective bargaining negotiations and the signing of a branch 
agreement with the Ministry of Education, Science, Youth, and Sports. 
The ministry later concluded the branch agreement with the FPU-
affiliated union alone. The CFTU-affiliated union succeeded in 
postponing the branch agreement registration process and was not a 
party to it at year's end.
    Another CFTU-affiliated union was kept from joining a previously 
signed branch agreement between the FPU and the Ministry of Health. The 
ministry refused the CFTU union's accession to the agreement, 
justifying the decision based on the new Social Dialogue Law. Union 
representatives reported that an independent health care union 
attempted to join a branch collective bargaining agreement concluded 
with an FPU affiliate but was denied without justification in June.
    Members of CFTU-affiliated unions claimed that management sometimes 
forced them to carry out additional work assignments without 
compensation or threatened them with dismissal if they refused to leave 
their unions. There were continuing complaints that FPU-affiliated 
unions deducted union dues from the salaries of workers who had chosen 
to join a different union.
    There were several reports that employers pressured union members 
to leave a CFTU-affiliated union. In several instances the union member 
or local leader was demoted, fired, or threatened with dismissal. In 
one case an employee was reportedly beaten and hospitalized after 
refusing to leave the union. The employee appealed to local law 
enforcement, but the case was delayed and finally dropped.
    Another employer reportedly pressured employees to write a 
statement relinquishing their membership in the local CFTU union. 
Approximately half of the company's CFTU union members left the union.
    In a highly publicized situation in October, small ad hoc groups of 
retired Chernobyl cleanup workers that were not associated with any 
traditional unions petitioned and camped outside several government 
buildings in several cities against a possible reduction in retirement 
benefits. In one city in November, law enforcement forcefully 
disassembled a tent camp of the cleanup workers before the ad hoc group 
voluntarily dissolved. During the disassembly of the tent camp, a 69-
year-old protester had a heart attack and died later at the hospital. 
The cause of the heart attack was not fully determined; local officials 
reported that the protester had complained earlier of chest pain.
    After several months of pressure, FPU chairman Vasyl Khara resigned 
from his post late in the year. Labor experts believed his resignation 
was unrelated to any of the organization's labor activities but instead 
was due to ownership questions over the FPU's real estate assets. His 
resignation did not affect the organization's labor activities.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor; however, there were reports 
that women, men, and children were trafficked for labor.
    Trafficked women worked as housekeepers, seamstresses, dishwashers, 
or workers at small and large manufacturing plants abroad. Some women 
with small children and persons with disabilities were trafficked 
abroad for begging. Men were exploited in construction and 
manufacturing. Internal trafficking of Ukrainian citizens and 
exploitation of foreigners also occurred. The IOM assisted 568 adult 
victims (men and women) of labor exploitation as well as 12 minors.
    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, but the 
government did not always effectively enforce the law.
    The labor code sets 16 as the minimum age for most employment. 
Children 15 years of age may perform ``light work'' with a parent's 
consent, but the law does not clearly define the term. Children can 
legally do some forms of work beginning at age 14 as part of an 
apprenticeship in the context of vocational educational training.
    The Child Labor Division of the State Labor Inspectorate under the 
Ministry of Social Policy is responsible for enforcing child labor 
laws. The Department on Adoption and Children's Rights Protection in 
the Ministry of Social Policy and the Criminal Police for Children's 
Affairs in the Ministry of Internal Affairs are responsible for 
identifying children in the informal sector involved in the worst forms 
of child labor. The Internal Affairs Ministry's Department on 
Cybercrimes and Trafficking is responsible for the enforcement of laws 
against child trafficking. The office of ombudsman for children's 
rights, instituted by presidential decree in August, was given official 
responsibility for monitoring children's rights.
    The worst forms of child labor were found primarily in the informal 
sectors, including on family farms and in open-air markets.
    The criminal code criminalizes exploiting children for labor. 
According to the Ministry of Health, there were very few recent or 
official statistics about exploitation of child labor. The most recent 
research on the issue of child labor was more than a decade old. The 
1999 research study conducted by the State Statistics Committee and the 
International Labor Organization found that 350,000 children were 
employed, 46 percent in agriculture, 26 percent in commerce, and 19 
percent in the service industry. The average age at which a child began 
employment was 12.
    Enforcement remained inadequate to deter violations. The State 
Labor Inspectorate inspected 579 enterprises in September. It 
identified 1,065 working minors, 230 of whom were 14-15 years of age 
and 37 of whom were under 14. The other 798 minors were 16-18 years 
old. Almost all cases of labor involving children under age 14 were in 
the agricultural sector. The inspectorate found approximately the same 
number of children under age 14 involved in child labor as in 2010.
    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 is 
1,004 hryvnias ($126), or approximately six hryvnias ($0.75) per hour. 
The government set the monthly subsistence income at 952 hryvnias 
($119) as of December 1. Workers in the informal sector may receive 
wages below this established minimum.
    The State Labor Inspectorate employs 551 labor inspectors 
nationwide (while its staff schedule contains 754 labor inspector 
positions) and is responsible for enforcing the minimum wage. The 
organization was unable to monitor all employers because its staff 
during the year was inadequate to conduct sufficient inspections.
    Wage arrears increased slightly in the first third of the year but 
ended November below the January figures. According to the State 
Statistics Committee, arrears stood at 1.1 billion hryvnias ($138 
million) at the end of November. Most arrears accumulated in industry 
but also significantly impacted construction, transport, 
communications, and agricultural enterprises.
    The law provides for a maximum 40-hour workweek, a 24-hour period 
of rest per week, and at least 24 days of paid vacation per year. The 
law provides for double pay for overtime work and regulates the number 
of overtime hours allowed. However, regulations covering rest periods, 
maximum hours, and overtime were not always effectively enforced.
    Although the law contains occupational safety and health standards, 
the standards were frequently ignored in practice. Lax safety standards 
and aging equipment caused many injuries on the job. During the first 
half of the year, 6,835 workplace injuries were reported, as compared 
with 5,628 for the same period in 2010; these included 817 job-related 
fatalities, compared with 644 in 2010.
    During the year there were 161 mining fatalities, 23 percent more 
than in 2010. During this period 4,255 coal miners were reported 
injured. The fatality rate was two deaths per million tons of coal 
mined. The total number injured at work during the year was 10,657 
(down 9 percent from 2010), while work fatalities during the year 
increased to 685, a 6 percent increase from 2010.
    The law provides workers the right to remove themselves from 
dangerous work without jeopardizing their continued employment; 
however, the Solidarity Center stated that employers in the metal and 
mining industries often violated the rule and retaliated against 
workers by pressuring them to quit.
    Some unions reported good cooperation with government labor 
inspectors. The CFTU signed a publicized memorandum of understanding 
with the Labor Inspectorate to cooperate more closely that gives local 
union leaders and health and safety specialists the right to inspect 
places of work jointly with labor inspectors. The Solidarity Center 
reported that these joint inspections proved important in the mining 
sector.
    However, the CFTU reports that an affiliated trade union, the 
Independent Trade Union of Miners of Ukraine, was excluded from the 
special government commission that investigated the July 29 accident 
that killed 29 miners--including seven CFTU members--at the 
Sukhodilska-Skhidna coal mine. This was the highest-profile mining 
accident during the year and garnered the attention of the national 
press. The exclusion contravened the law, which includes heads of 
branch unions in investigative commissions. The union successfully 
appealed against the exclusion.

                               __________

                             UNITED KINGDOM

                           EXECUTIVE SUMMARY
    The United Kingdom of Great Britain and Northern Ireland (the UK) 
is a constitutional monarchy with a multiparty, parliamentary form of 
government. Citizens elect representatives to the House of Commons, the 
lower chamber of the bicameral Parliament. They last did so in free and 
fair elections in May 2010. Members of the upper chamber, the House of 
Lords, occupy appointed or hereditary seats. Scotland, Northern 
Ireland, and Wales each have elected legislative bodies and devolved 
administrations, with varying degrees of legislative and executive 
powers. The UK has 14 overseas territories. Each of the overseas 
territories has its own constitution while the UK government is 
responsible for issues relating to external affairs, security, and 
defense. Security forces throughout the UK and its territories reported 
to civilian authorities.
    During the year there were significant reported incidences of 
sexual crimes, including the sexual exploitation of children. Racial 
and ethnic discrimination continued to be a problem in many areas. 
Child labor was a reported problem, both in the UK and in some of its 
overseas territories.
    Other human rights problems include reported deaths in prison, 
threatened eviction of rioters' families from their public housing 
after the August riots, unequal pay for equal work between men and 
women, child abuse, anti-Semitic crimes, relations with Travellers (a 
distinct nomadic ethnic group with its own history and culture), 
trafficking in persons, homophobic crimes, and limitations on the 
freedom to strike. In Bermuda the law provides no protection against 
discrimination based on sexual orientation or age.
    The government investigated all allegations of official wrongdoing, 
and there were no reported cases of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--On August 4, police 
shot and killed Mark Duggan during an attempt to arrest him. 
Circumstances leading to the shooting were unclear. An inquiry into 
Duggan's death, conducted by the Independent Police Complaints 
Commission (IPCC), continued at the end of the year.
    Also in August police faced criticism when three suspects died 
after officers used stun guns or pepper spray while arresting them. 
Investigations by the IPCC into the exact causes of their deaths 
continued.
    Police faced criticism over the use of violence against 
demonstrators, particularly in the 2009 death of Ian Tomlinson, a 
newspaper seller who died during protests in London against the G20 
summit. A May 2011 inquest found Tomlinson was ``unlawfully killed.'' 
Simon Harwood, the police officer who allegedly hit Tomlinson with his 
baton immediately prior to Tomlinson's death, was on trial for 
manslaughter at year's end.
    In September a government-commissioned inquiry into the death of 
Iraqi civilian Baha Moussa released its report. The inquiry, led by 
retired appeal court justice Sir William Gage, examined allegations of 
abuse stemming from the death of Moussa in 2003 while in custody of the 
British military. Gage found a lack of ``proper MoD [Ministry of 
Defense] doctrine on interrogation,'' leading to widespread ignorance 
of the law by British soldiers. His report condemned the actions of the 
soldiers responsible for the detainee group that included Moussa but 
noted that the events ``did not amount to an entrenched culture of 
violence'' throughout the rest of the British military. The Crown 
Prosecution Service's decision on whether to take further action based 
on the inquiry's recommendations was pending at year's end.
    On April 3, Police Service of Northern Ireland (PSNI) Constable 
Ronan Kerr, a Catholic, was killed by a bomb placed under his car at 
his home in Omagh, Northern Ireland. Following a three-month cross-
border search, police arrested five alleged members of a dissident 
republican splinter group for the crime. Press reports suggested that 
these groups, which rejected the peace agreement in Northern Ireland 
and sought the full reunification of the island, actively targeted 
Catholic members of security forces to hinder ``normalization'' in 
Northern Ireland. At year's end the trial was pending.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, including 
access to potable water, and the government permitted visits by 
independent human rights observers. The Prisons and Probation Ombudsman 
for England and Wales is charged with investigating complaints from 
prisoners, as well as deaths that occur in custody. Separate ombudsmen 
are charged with similar duties for Scotland and for Northern Ireland. 
Nonviolent offenders can receive community sentences, which can involve 
unpaid community work, government supervision, paying compensation to 
victims, and participation in alcohol or drug rehabilitation or mental 
health treatment.
    According to the Ministry of Justice, at the end of October the 
prison population in England and Wales was 86,754, in a prison system 
with an official capacity of 76,848. Higher-than-average conviction 
rates for those charged with participating in the August riots in 
London and other UK cities boosted the prison population. According to 
the UK justice ministry, women made up 4.8 percent of the total prison 
population of England and Wales; juveniles comprised 1.8 percent. 
According to Inquest, a UK nonprofit organization, during the year 170 
deaths were reported in prisons in England and Wales, of which 52 were 
classified as self-inflicted, 98 were non-self-inflicted with an 
additional death caused by ``other non-natural causes,'' two were 
homicides, and 17 were awaiting classification. Two deaths in custody 
were reported in Northern Ireland; both were young people held in 
Hydebank Wood.
    At the end of September there were 8,167 prisoners and detainees in 
Scottish jails, which have an official total capacity of 7,294. 
Juveniles accounted for 1.6 percent of prisoners in Scottish prisons, 
and 5.7 percent were women. The prison population in Northern Ireland 
consisted of 1,673 persons of whom 3.1 percent were women, while 
juveniles comprised 1 percent. The official capacity of the Northern 
Irish penal system was 1,765 persons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government generally observed these 
prohibitions. However, critics charged that some procedures justified 
by the government as necessary to combat terrorism constituted 
detention without charge. The law allows the government to hold 
terrorism suspects in detention without charge for up to 28 days.
    On July 11, the Bermudian Parliament passed the Firearms Amendment 
Act 2011, which provides that suspects alleged to be involved in a 
crime with a firearm can be incarcerated in prison prior to being 
charged in order to ease overcrowding in police detention cells. It 
also passed the Bail Amendment Act 2011 authorizing police to arrest 
individuals if there are reasonable grounds to suspect that they are 
likely to breach the conditions of their bail. In addition, the law 
allows police to consider a suspect's safety in deciding whether to 
grant bail.

    Role of the Police and Security Apparatus.--The national police 
maintain internal security and report to the Home Office. The army, 
under the authority of the Ministry of Defense, is responsible for 
external security but may be called upon to support the Metropolitan 
Police in extreme cases. Scotland's judicial, legal, and law 
enforcement system is fully separate from that of the rest of the UK. 
Police forces that enforce the law in Scotland report cross-border 
crime and threat information to the national UK police and respond to 
UK police needs in Scotland upon request. Scottish police forces report 
to the justice minister and the Lord Advocate, which is the Crown's 
Prosecutor in Scotland, both appointed by the Scottish government.
    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. There were allegations 
that police officers received cash payments from journalists at the 
now-defunct newspaper, the News of the World, and possibly other media 
outlets in return for providing contact information on private 
citizens. The two most senior officers of the Metropolitan Police both 
resigned during the year in the context of the scandal. A series of 
police inquiries into the allegations continued.

    Arrest Procedures and Treatment While in Detention.--In most cases 
police must have a warrant to arrest a person. The police may make an 
arrest without a warrant if they have reasonable grounds for suspecting 
a person has committed or is about to commit one or more listed 
``arrestable offenses,'' or if a police officer believes an arrest is 
necessary to prevent physical injury or damage to property.
    Police may detain an ordinary criminal suspect for 96 hours without 
charges. Detention for more than 24 hours must be authorized by a 
senior police official, and detention of more than 60 hours requires 
the approval of a magistrate. Only terrorism suspects may be detained 
without charge for longer than 96 hours. All detainees are entitled to 
counsel during this period. Detainees may make telephone calls and have 
legal representation, including government-provided counsel if they are 
indigent. Defendants awaiting trial have the right to bail, except for 
those judged to be flight risks, likely to commit another offense, 
suspected terrorists, or in other limited circumstances.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the government routinely respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary routinely enforced this right. Defendants 
enjoy a presumption of innocence. Criminal proceedings must be public 
except cases in juvenile court or those involving public decency or 
security. In a trial under the Official Secrets Act, the judge may 
order the court closed, but sentencing must be public.
    The law generally allows for jury trials. In England, Wales, and 
Northern Ireland the law provides for judge-only trials when there is a 
``real and present danger that jury tampering would take place.'' 
Scotland allows jury trials in criminal and civil cases. Bermudian law 
provides for jury trials in criminal cases and for trial by judge in 
civil cases.
    Defendants have the right to be present at their trials and to 
consult with an attorney in a timely manner. Indigent defendants have 
the right to free counsel of their choice, with some exceptions. 
Defendants may question witnesses against them.
    Defendants have access to government-held evidence relevant to 
their cases, with some exceptions, such as instances in which 
information pertaining to a suspect relates to national security. 
Defendants have the right to appeal to successively higher courts.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees. However, many observers criticized 
the judicial process after the August riots, noting that sentences 
given to rioters for theft, handling stolen goods, or public order 
offenses were 25 percent to 40 percent longer than sentences for the 
same offenses committed in other contexts.

    Regional Human Rights Court Decisions.--The country is a party to 
the European Convention on Human Rights and subject to the jurisdiction 
of the European Court of Human Rights (ECHR). During the year the court 
made numerous rulings involving the United Kingdom. In July the ECHR 
ruled that Britain violated the rights of the families of four Iraqi 
men killed by British forces by not investigating the deaths. In a 
separate ruling, the ECHR declared the UK had violated the rights of a 
man it interned in Iraq for three years without trial. In practice the 
UK government in most cases complied with the court's judgments.

    Civil Judicial Procedures and Remedies.--Individuals in the UK may 
seek civil remedies for human rights violations and have the right to 
appeal decisions to the ECHR.
    Bermudian law authorizes the Human Rights Commission to investigate 
violations of the Human Rights Act. In 2010 the commission referred no 
cases to a board of inquiry for adjudication; statistics were not yet 
available for the year.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected those prohibitions in practice. After the August 
riots in London and other UK cities, the local council of Wandsworth 
served an eviction notice on a teenage rioter and his family, who lived 
in public housing. Other councils, including Southwark, sent letters to 
rioters awaiting trial, informing them that convictions might lead to 
eviction notices. According to public housing tenancy agreements, 
tenants can be evicted if they, members of their household, or visitors 
engage in criminal activity. The BBC quoted the British prime minister 
as stating that these possible evictions were a way of ``enforcing 
responsibility in our society.'' However, human rights and legal 
experts argued that such evictions amounted to a form of collective 
punishment without due process, and that any attempts by the government 
to implement such a policy would immediately put it at odds with its 
obligations under the European Convention on Human Rights. The 
Wandsworth council said it would pursue the eviction only if the 
teenager was found guilty of the riot-related charges.
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 routinely 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.
    During the year the continuing telephone-hacking scandal at the 
News of the World led to allegations of illegal practices in the media 
and corruption among politicians and police. Prime Minister David 
Cameron appointed a commission to examine these problems. At the end of 
the year the commission's work continued.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Individuals and groups could engage in the expression 
of views via the Internet, including by e mail. During and after the 
August riots, police reportedly monitored social media sites such as 
Twitter and Facebook and received cooperation from Blackberry over its 
Messenger service after rioters used these outlets to organize 
disturbances; the media reported that some British citizens who used 
Facebook to incite riots were given jail sentences. Following the 
riots, Prime Minister Cameron suggested in public comments that the 
government would consider whether it would be appropriate to curtail 
the use of social media in similar circumstances in the future to 
prevent rioting. However, the Home Office ultimately stated that the 
government ``did not seek any additional powers to close down social 
media networks.''

    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 this right, and the government 
routinely respected it in practice. In some cases human rights 
organizations criticized police for the practice of ``kettling'' 
peaceful protesters, or forcing them into tight groups by using metal 
barricades.

    Freedom of Association.--The law provides this right, and the 
government routinely respected it in practice.

    c. Freedom of Religion.--See the 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 routinely 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 UK'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 grants varying levels of assistance to refused 
asylum seekers, including return flights and financial assistance.
    An asylum seeker whose claim is upheld is granted ``refugee 
status'' and has access to the benefits enjoyed by British citizens, 
including employment opportunities, health benefits, and education.
    Bermuda's constitution and laws protect the fundamental rights and 
freedoms of the individual but do not specifically provide for the 
granting of asylum or refugee status, nor has the government 
established a system for providing protection to refugees. A refugee 
would be accorded all the protections, rights, and freedoms accorded to 
non-Bermudians and would receive benefits as a Bermudian if the 
government made special provisions for that refugee.

    Safe Country of Origin/Transit.--The government places the burden 
of proof on asylum seekers who arrive from safe countries of origin, 
who pass through a country where they are not considered to be at risk, 
or who remain in the country for a period of time before seeking 
asylum. The law permits authorities to remove an asylum applicant to 
another country that is deemed responsible for adjudicating an 
applicant's claim. The UK is subject to the EU's Dublin II regulation 
and considers all other EU member states to be countries of safe origin 
or transit.

    Nonrefoulement.--In practice the government provided protection 
against the return of persons to a country where their lives or freedom 
would be threatened on account of their race, religion, nationality, 
membership in a particular social group, or political opinion.
    However, the UNHCR objected to the government's forced return of 
asylum seekers to areas of Iraq it considered dangerous. These returns 
reportedly continued from 2010.
    Human rights groups including Human Rights Watch, Amnesty 
International, and Freedom from Torture criticized the British 
government for forcibly deporting to their country of origin failed 
Tamil asylum seekers from Sri Lanka in September. These groups alleged 
the asylum seekers risked detention and torture upon returning to Sri 
Lanka.
    In November a report published by a human rights nongovernmental 
organization (NGO), Justice First, cited a number of cases of asylum 
seekers from the Democratic Republic of the Congo, forcibly returned by 
the UK government between 2007 and 2011, who were reportedly subjected 
to repression, torture, and other rights violations upon return.

    Temporary Protection.--The government may also provide temporary 
protection to individuals who may not qualify as refugees under the 
categories of humanitarian protection and discretionary leave.

    Employment.--Asylum seekers are not allowed to work. They receive 
state support at 30 percent below the normal rate for the duration of 
their asylum claim.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic free and fair elections held on the basis of universal 
suffrage.

    Elections and Political Participation.--Recent Elections.--The most 
recent elections, for local representatives in May and for Parliament 
in May 2010 and in Bermuda in 2007, were held in accordance with 
international standards. There were no reports of abuses or 
irregularities.

    Participation of Women and Minorities.--In the 2010 national 
elections 144 women were elected as members of Parliament (MPs). Women 
comprised 22 percent of all MPs, the highest number and proportion of 
female representatives in history. In Northern Ireland 20 women were 
elected to the Northern Ireland Assembly, making up 18.5 percent of the 
total 108 seats. In Scotland 35 percent of the Scottish Parliament's 
members were women, and women made up 40 percent of the National 
Assembly for Wales. Bermuda's 36-seat House of Assembly had seven 
women, with four women in the 11-member Senate. One-third of the 
British members elected to the European Parliament were women.
    Four of the 23 UK cabinet posts (17 percent) were held by women. Of 
119 government ministers, including the cabinet, whips, lords in 
waiting, and 12 unpaid positions, 19 (16 percent) were held by women. 
Four women (38 percent) served in Bermuda's 13-member cabinet.
    There were 27 MPs, or 4 percent of the total, from ethnic minority 
backgrounds. In Scotland two ethnic minority candidates, or 1.5 percent 
of the members, were elected to the Scottish Parliament. In the 
National Assembly for Wales there were also two ethnic minority 
representatives, accounting for 3.3 percent of the total. The Northern 
Ireland Assembly had one minority member, or 1 percent of all members.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government routinely implemented these laws effectively. 
Repercussions continued from the 2009 scandal over expenses claimed by 
MPs, with more than a dozen lawmakers charged with false accounting and 
ordered to pay back thousands of pounds claimed in false expenses.
    The UK publishes the names, grades, job titles and annual pay rates 
for most civil servants with salaries over 150,000 pounds 
(approximately $234,000). Government departments publish the business 
expenses of and hospitality received by their most senior officials. 
Under the ministerial code issued by the Prime Minister's Office 
government, ministers are expected to follow standards of conduct, 
including the disclosure of gifts and travel. In October, Secretary of 
Defense Liam Fox resigned after a report by Cabinet Secretary Sir Gus 
O'Donnell concluded Fox had been in ``a clear breach of the ministerial 
code.''
    All MPs are required to disclose their financial interests. The 
Register of Members' Interests is published online and updated 
regularly. These public disclosures include paid employment, property 
ownership, shareholdings in public or private companies, and other 
interests that ``might reasonably be thought to influence'' the MP in 
any way.
    The law provides for public access to information, and authorities 
generally granted access to citizens and noncitizens, including foreign 
media. There are exceptions to the availability of government 
information, including those relating to national security and defense, 
personal privacy, and possible risks to health and safety. There are no 
fees for requesting information; however, there may be a bill for 
materials and postal fees. There is a mechanism to appeal denials.
    On June 15, the Bermuda Police Service announced that it would 
investigate whether former premier Ewart Brown committed any criminal 
offenses involving requests for commissions and board memberships. On 
August 3, the Bermudian Parliament passed the Good Governance Act 2011 
to improve transparency and accountability.
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 without government restriction, investigating and publishing 
their findings of human rights cases. Government officials were 
generally cooperative and responsive to their views.

    Government Human Rights Bodies.--Parliament has a Joint Committee 
on Human Rights composed of 12 members selected from the House of Lords 
and the House of Commons. The committee undertakes inquiries into human 
rights matters in the country and scrutinizes legislation affecting 
human rights. It can call for testimony from government officials, who 
generally comply. During the year the committee produced reports on 
education, police reform, the terrorism act, and extradition policy, 
among others.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on based on race, gender, 
disability, language, or social status, and the government routinely 
enforced the law effectively. The human rights commissions in England, 
Wales, and Scotland have mandates to combat discrimination based on 
race, sex, religion and belief, sexual orientation, and age. The 
Bermudian constitution and laws protect the human rights of inhabitants 
of Bermuda, with the exception of protection against discrimination 
based on sexual orientation and age.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
spousal rape, domestic violence, female genital mutilation, and sexual 
harassment, and the government routinely enforced the law effectively 
when cases were reported. The courts imposed punishment ranging up to 
life imprisonment, the maximum legal penalty for rape. The law also 
provides for injunctive relief, personal protection orders, and 
protective exclusion orders (similar to restraining orders) for female 
victims of violence. The government provided shelters, counseling, and 
other assistance for victims of battery or rape and offered free legal 
aid to battered women who were economically dependent on their abusers. 
The Home Office reported 14,624 cases of rape of a female during the 
year, down 1 percent from 2010; the sanction detection rate for these 
offenses was 24 percent.
    In March the UK launched an action plan to halt violence against 
women; the action plan includes 88 ``cross-government actions'' and 
commits the government to work towards changing attitudes and behaviors 
that condone violence against women.
    In December a freedom of information request by the Iranian and 
Kurdish Women's Rights Organization revealed that in 2010 UK police 
reported 2,823 ``honor attacks.'' Of the 39 police forces reporting, 12 
also provided figures from 2009, which showed that 2010 saw a 47 
percent rise in such incidents in those areas. In 2010, the last year 
for which data was available, the UK's Forced Marriage Unit gave advice 
or support related to a possible forced marriage in 1,735 instances.
    In Bermuda police reported 26 cases of sexual assault in the first 
nine months of the year. Police estimated 20-30 reported incidents of 
domestic abuse per week; of these, 10-15 resulted in a formal complaint 
of which two or three moved forward to prosecution. In February one 
person received a 25-year prison sentence for a 2009 domestic abuse 
death.

    Reproductive Rights.--Couples and individuals can decide freely and 
responsibly the number, spacing, and timing of children, and generally 
have the information and means to do so free from discrimination, 
coercion, and violence. Contraception, prenatal care, obstetric and 
postpartum care, access to family planning advice, treatment for 
sexually transmitted infections, and skilled attendance during 
childbirth were all widely available.

    Discrimination.--Women enjoy the same legal status and rights as 
men under the judicial system. According to the World Economic Forum's 
Global Gender Gap report, women in the UK during the year earned 71 
percent of men's earnings for similar work. The Home Office oversees 
implementation of the law and the Equality Strategy, which was 
published in June and commits the UK government to work with the 
private sector and civil society to promote equal treatment and equal 
opportunity for all.

    Children.--Birth Registration.--All births must be registered 
within 42 days in the district where the baby was born, and 
unregistered births were uncommon. Local authorities have procedures 
for the late registration of babies. A child born in the UK receives 
the country's citizenship at birth if one of the parents is a British 
citizen or legally settled resident. Children born in Northern Ireland 
may opt for British, Irish, or dual citizenship. A child born in an 
overseas territory is a British overseas territories citizen if at 
least one of the child's parents has citizenship. There are special 
provisions for granting citizenship for persons who might otherwise be 
stateless. Overseas territories citizens have some restrictions 
regarding their ability to live and work within the UK; similarly, 
there are some restrictions on British citizens living and working in 
the overseas territories. However, Bermudians with UK passports may 
live and work in the UK without restrictions.

    Child Abuse.--The UK government did not publish specific statistics 
on the incidence of child abuse every year, but it actively combated 
child abuse through policies to protect children from abusive adults, 
overhauling child protection services, and encouraging better reporting 
of abuse crimes.
    Child protection registers contain confidential details of children 
who are at continuing risk of physical, emotional, or sexual abuse or 
neglect, and for whom there is a child protection plan. Registers cover 
each local authority area in the UK and are managed by individual 
social services departments. The latest figures available from March 
2010 showed 46,705 children on child protection registers in the UK. Of 
these, 39,100 were in England, 2,357 in Northern Ireland, 2,518 in 
Scotland, and 2,730 in Wales.
    In Northern Ireland 663 cases of child abuse were reported between 
July 2010 and June. During this period children made up 17 percent of 
the total number of victims of violent crime and 56 percent of the 
total number of victims of sexual offenses, according to the PSNI.
    In Bermuda in 2010, the latest date for which statistics were 
available, there were 111 cases of physical abuse of children up to the 
age of 18. The Department of Child and Family Services substantiated 48 
of the physical abuse cases. Of the rest, 34 cases were 
unsubstantiated, 22 were suspected, and seven were pending.
    The National Society for the Prevention of Cruelty to Children 
(NSPCC), a leading NGO, reported that incidents of child abuse and 
mistreatment in the UK dropped significantly over the last decade. The 
NSPCC concluded that public education campaigns, heightened public 
awareness, and high levels of media coverage of child abuse have led to 
a positive attitudinal shift in how people treat children.

    Sexual Exploitation of Children.--The minimum age of consensual sex 
in the UK is 16. In Bermuda the legal minimum age for consensual sex is 
16 for heterosexuals and lesbians and 18 for gay men.
    There are strict penalties for sexual offenses against children and 
the commercial sexual exploitation of children. The law also prohibits 
child sex tourism and allows authorities to prosecute citizens or 
residents for offenses committed abroad. Some sexual offenses carry 
penalties up to life imprisonment. Anyone convicted of sexual offenses 
must register with the police. Registrants are required to notify 
police any time they change their name or address, or travel outside of 
the UK.
    As of March 2010, 34,939 individuals were registered as sexual 
offenders in England and Wales; however, this figure did not 
distinguish between offenses against adults and children. The Home 
Office reported that 32 percent of all sexual crimes (including rape, 
sexual assault, sexual activity, and sexual grooming) recorded during 
the year, or 17,727 incidents, were committed against children under 
16. In Bermuda 115 cases of sexual abuse of children up to the age of 
18 were recorded in 2010.

    International Child Abductions.--The UK including Bermuda is party 
to the 1980 Hague Convention on the Civil Aspects of International 
Child Abduction. Due to its distinct and separate legal system, 
Scotland has its own independent body for dealing with Hague Convention 
cases and communicates directly with Hague Convention authorities.

    Anti-Semitism.--The UK Jewish population numbers approximately 
280,000.
    Incidents of anti-Semitism against the UK Jewish community fell 13 
percent in the first half of the year compared with the same period in 
2010. The Community Security Trust (CST), a UK body that monitors anti-
Semitism, reported that in the first half of the year there were 41 
violent assaults, 35 incidents of damage and vandalism to Jewish 
property, and 186 incidents of abusive behavior, such as verbal abuse, 
hate mail, and anti-Semitic graffiti. In total there were 283 incidents 
in early 2011, a drop from the 325 incidents registered in the same 
period of 2010.
    According to the CST, there were 16 anti-Semitic incidents 
affecting Jewish students, academics, student unions, or other student 
bodies in the first half of the year, compared with 28 such incidents 
in the first six months of 2010, a fall of 43 percent. CST figures show 
there were five anti-Semitic incidents affecting Jewish students or 
academics off campus in the first half of the year, compared with 13 
such incidents in the first half of 2010.
    The London-based Institute for Jewish Policy Research reported that 
between October 2010 and March more than 40 percent of Jewish 
university students witnessed or experienced an incident of anti-
Semitism. Anti-Semitic language continued to be found in recent 
additions of textbooks supplied by the Saudi Arabian government and 
used to teach 5,000 pupils in private weekend schools outside of the 
UK's public school system.
    During the year there were several incidents of football fans 
chanting anti-Semitic slogans during matches. In response the Football 
Association launched an initiative to tackle faith-based 
discrimination, including anti-Semitism and Islamophobia. Kick it Out, 
an antiracism organization, sponsored a short film starring several 
soccer players to address racist abuse by fans.
    In December, Conservative MP Aidan Burley was removed from his post 
as the parliamentary private secretary to the Transport Minister after 
attending a party where one guest wore a Nazi uniform and some guests 
toasted Third Reich figures.

    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, and the government effectively 
enforced this in practice.
    The law requires that all public service providers (except in the 
transportation sector) make ``reasonable adjustments'' to ensure their 
services are available to persons with disabilities. The law forbids 
employers from harassing or discriminating against job applicants or 
employees with disabilities. In August the Bermudian Parliament enacted 
the Human Rights (Unreasonable Hardship) Amendment Act 2011 to protect 
the rights of the disabled in the workplace; the act requires employers 
to ``modify the circumstances of employment'' to accommodate persons 
with disabilities, so long as there is no ``unreasonable hardship'' on 
the employer.
    The mandate of UK's Equality and Human Rights Commission (EHRC) 
included work on behalf of persons with disabilities to stop 
discrimination and promote equality of opportunity. The EHRC provided 
legal advice and support for individuals, a hotline for persons with 
disabilities and employers, and policy advice to the government. It may 
also conduct formal investigations, arrange conciliation, require 
persons to adopt action plans to ensure compliance with the law, and 
apply for injunctions to prevent acts of unlawful discrimination.

    National/Racial/Ethnic Minorities.--The law prohibits racial 
discrimination, but Travellers, as well as persons of African, Afro-
Caribbean, South Asian, and Middle Eastern origin, at times reported 
mistreatment on racial or ethnic grounds.
    On October 19, after a legal process that began in 2005, Essex 
police began an operation to clear an illegal Travellers' encampment at 
Dale Farm in Basildon, Essex. Thirty-nine protesters were arrested. 
Amnesty International estimated that 300 to 400 persons were evicted 
from the illegal settlement. Although some claimed this action was 
anti-Traveller, the evictions were in accordance with established legal 
procedures, and the Basildon Council offered alternative housing to 
those evicted.
    In 2010/2011 the Home Office reported 2,982 racially or religiously 
motivated assaults with bodily harm or other injury; there were 4,058 
such assaults without injury. These figures represent a 15 percent and 
a 6 percent decline, respectively, from 2009/2010 figures. It was 
frequently difficult to determine whether hate crimes had ethnic, 
xenophobic, or religious motives, and abuses directed at members of 
ethnic minorities from Muslim countries were officially reported as 
being ``anti-Islamic.''
    In Scotland the August 2010 murder of a Chinese man, Simon San, 
continued to have a high profile. In August police issued a public 
apology acknowledging their failure to investigate the attack as a 
racist incident. Two men convicted in the attack on San were sentenced 
to two years in prison, while a third was sentenced to five years. The 
lawyer of the victim's family said the accused would have faced tougher 
sentences if racial bias had been considered. However, the Crown Office 
stated there would be no inquiry into how prosecutors handled the case.
    In Bermuda there were multiple instances of graffiti and one 
instance of stone throwing in July and August that were aimed at Asian 
and Indian migrant workers. In October several vehicles belonging to 
Filipinos were set ablaze. An MP and Amnesty International Bermuda 
condemned the acts. The Human Rights Commission responded by reminding 
the public that every person has equal dignity and an obligation to 
respect the rights of others.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination and harassment based on sexual orientation; however, 
sporadic incidents of homophobic violence were reported. The law 
encourages judges to impose a greater sentence in assault cases where 
the victim's sexual orientation was a motive for the hostility, and 
many local police forces demonstrated an increasing awareness of the 
problem and trained officers to identify and moderate these attacks.
    During the year the Metropolitan Police reported 122 incidents of 
homophobic crime in greater London by July, a 16-percent decrease from 
the 145 incidents registered in the same period in 2010.
    In Scotland racial, sexual, or other discriminatory motivation can 
be an ``aggravating factor'' in crimes. In May the Scottish Prosecution 
Service reported that in the year since the law came into effect, 448 
charges had been made in which homophobia was an ``aggravation.'' In 14 
cases gender identity was an ``aggravation.'' However, NGOs 
representing lesbian, gay, bisexual and transgender persons claimed the 
real rate of homophobic violence was much higher, since many victims 
did not report homophobic attacks to police.
    In Bermuda the law does not protect against discrimination based on 
sexual orientation. There is no official recognition of same-sex 
relationships. The Bermuda Bar Association updated its professional 
code of conduct in December 2010 to ban members from discriminating and 
extending its coverage to include protection from discrimination on the 
basis of sexual orientation.

    Other Societal Violence or Discrimination.--There were no reports 
of violence against persons with HIV infection during the year.
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 independent 
unions without previous authorization or excessive requirements. The 
government protected this right in practice, and the law prohibits 
blacklisting of workers for trade union membership or activity. Workers 
have the right to strike. However, according to the International Trade 
Union Confederation, the right to strike in the UK is ``limited'' due 
to prohibitions against political and solidarity strikes, lengthy 
procedures for calling strikes, and the ability of employers to seek 
injunctions against unions before a strike has begun if the union does 
not observe all proper steps in organizing the strike. The law does not 
cover workers in the armed forces, public sector security services, 
police forces, and freelance or agency work.
    Unions and management typically negotiated collective 
``agreements,'' which were less formal than collective bargaining 
contracts. Collective agreements were considered ``implied'' individual 
work contracts and were legally enforceable as such.

    b. Prohibition of Forced or Compulsory Labor.--The government 
prohibits all forms of forced and compulsory labor, including by 
children, and effectively enforced these laws. However, there were some 
reports that forced labor by men, women, and children occurred in 
practice. In September, Bedfordshire police freed 24 men who had been 
held captive and forced to work without pay. Five people were arrested 
on charges of slavery offenses.
    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.--UK 
law prohibits the employment in any capacity of children under 13. 
Those under 16 are not permitted to work in an industrial enterprise, 
including transportation or street trading; their work hours are 
strictly limited and may not interfere with school attendance. Children 
ages 13 to 16 must apply for a work permit from a local authority, and 
the local authority's education and welfare services have primary 
responsibility for oversight and enforcement. Authorities effectively 
enforced these laws. In Bermuda children under 13 may work in light 
work of an agricultural, horticultural, or domestic character if the 
parent or guardian is also the employer of the child.
    The Departments of Health, Trade, and Industry, and Education and 
Skills have regulatory responsibilities related to child labor, and 
government departments enforced these laws effectively. There were 
reports that some children in the British overseas territories of 
Anguilla and Montserrat were engaged in the worst forms of child labor, 
specifically 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.--On October 1, the government 
increased the UK's national minimum wage. The rate varied depending on 
the age of the worker, starting at 3.68 pounds ($5.78) per hour for 16-
17-year-olds; 4.98 pounds ($7.78) for 18-20-year-olds; and 6.08 pounds 
($9.50) per hour for those 21 and over. Tax authorities may issue 
compliance orders against employers who are not paying the minimum 
wage, but employment tribunals handle disputes. The government 
aggressively monitored employers' compliance with minimum wage law. 
Unions and NGOs were also actively involved in ensuring employees' 
awareness of their rights. In the UK the official poverty line is 
defined as an income of 60 percent or less of the median annual income 
for a given year. According to the Joseph Rowntree Foundation, in 2009/
2010 approximately 13.5 million persons in the UK were living in 
poverty when income was calculated after housing costs.
    The law limits the workweek to 48 hours when averaged over a 17- to 
26-week period; however, the regulations do not apply to senior 
managers and others who can exercise control over their own hours of 
work. There are also exceptions for the armed forces, emergency 
services, police, domestic workers, sea and air transportation workers, 
and fishermen. Workers can opt out of the 48-hour limit. The law 
provides for one day of rest per week, 11 hours of daily rest, and a 
20-minute rest break when the working day exceeds six hours. The law 
also mandates a minimum of four weeks of paid annual leave, including 
eight national holidays. However, the average worker received five 
weeks of paid annual leave plus eight national holidays as part of 
collective agreements. An individual employee may agree through a 
contract to work overtime for premium pay. The law does not prohibit 
compulsory overtime, but overtime is limited by the 48-hour-workweek 
restriction.
    The law stipulates that the health and safety of employees not be 
placed at risk, and it was effectively enforced by the Health and 
Safety Executive (HSE), which is an arm of the Department of Work and 
Pensions and can initiate criminal proceedings in appropriate cases. As 
of April the HSE's Field Operations Department, which conducts 
workplace inspections, employed 1,171 persons. In 2010/2011 the HSE 
reported that it had instituted legal proceedings in 551 cases; 517 of 
those resulted in convictions, with an average fine of approximately 
36,000 pounds ($56,000) per conviction. In that same period of time, 
the HSE also reported 171 fatalities in the workplace, 51 of which 
involved self-employed persons. This was an increase from the year 
before, when 147 workers suffered fatal injuries; 43 of those were 
self-employed. Sectors with the highest numbers of workplace fatalities 
were the construction and service sectors. There were 115,379 reported 
nonfatal injuries in the workplace in 2010/2011. Workers may legally 
remove themselves from dangerous work conditions without jeopardy to 
their continued employment.
    Bermuda's law does not provide for a minimum wage, but it requires 
that work in excess of 40 hours per week be paid at the overtime rate 
or with compensatory time off; employees may waive rights to overtime 
pay. The law also requires employees have a rest period of at least 24 
consecutive hours per week. It provides for paid public holidays and 
two weeks' paid annual leave. Regulations extensively cover the safety 
of the work environment and are enforced by the Department of Labor and 
Training.

                               __________



                       NEAR EAST AND NORTH AFRICA

                              ----------                              


                                ALGERIA

                           EXECUTIVE SUMMARY
    Algeria is a multiparty republic whose head of state and government 
(president) is elected by popular vote for a five-year term. The 
president has the constitutional authority to appoint and dismiss 
cabinet members and the prime minister. A 2008 constitutional amendment 
eliminated presidential term limits, and in April 2009 President 
Abdelaziz Bouteflika won reelection to his third term in office. Some 
opposition parties boycotted the election, arguing that restrictions on 
freedom of association skewed the election in favor of the incumbent. 
Security forces reported to civilian authorities.
    Riots sparked by increases in staple food prices spread across 24 
of the country's 48 provinces in January. A fledgling political 
opposition coalition failed to garner widespread public support, and 
the government prevented the group from staging weekly marches in 
Algiers. In February the government lifted the state of emergency that 
had been in effect since 1992 but continued to prohibit marches in the 
capital and restrict freedom of association throughout the country. 
Beginning in March and extending through mid-April, dozens of groups 
staged protests and sit-ins in public spaces and in front of government 
ministries in Algiers, demanding higher wages, improved benefits, and 
better working conditions. Most protests remained peaceful and ended 
after the government agreed to meet most demands. In December both 
houses of parliament passed a series of reform laws on elections, 
political parties, female representation in elected bodies, 
associations, and media.
    The three most significant continuing human rights problems were 
restrictions on freedom of assembly and association; the inability of 
citizens to change their government, notably in light of the 2008 
constitutional revisions that allow the president to run for unlimited 
terms of office; and the failure to account for disappearances, 
especially those cases from the 1990s. On February 9, the government 
repealed the state of emergency, in force for 19 years, and 
subsequently adopted two ordinances that replaced provisions related to 
the state of emergency that allow the army to intervene in terrorist 
offenses and subversive acts.
    Other human rights concerns were reports of unlawful killings, 
overuse of pretrial detention, poor prison conditions, abuse of 
prisoners, and lack of judicial independence. Additionally, widespread 
corruption accompanied reports of limited government transparency. 
Authorities used security grounds to constrain freedom of expression 
and movement. Women faced violence and discrimination, and the 
government maintained restrictions on workers' rights.
    Impunity remained a problem. The government did not always provide 
public information on actions taken against police and security service 
officials.
    The government continued to pursue terrorist groups that committed 
a significant number of attacks against government officials, members 
of security forces, and, to a lesser extent, civilians. Kidnapping for 
ransom--by taking European hostages--has become a key funding source 
for terrorist groups operating in the southern portion of the country.
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 unlawful killings.
    During rioting in the first week in January, four protesters and 
one police officer were killed, and more than 789 others were injured, 
among them 736 members of security forces and 53 protesters, according 
to government figures. On January 6, police shot and killed Azzedine 
Lebza in the M'sila region, 155 miles southeast of Algiers. On the same 
day Akriche Abdelfattah died in the town of Bou Smail, 25 miles west of 
the capital, after being struck by a can of tear gas. On January 8, a 
man died after suffering a bullet wound to the head when he was trying 
to prevent looters from entering his father's business. On January 9, a 
taxi driver died after inhaling tear gas fired by police in Annaba in 
eastern Algeria. The government maintained that only two protesters 
were killed.
    The government and the press attributed most terrorist attacks 
during the year to the terrorist group al-Qaida in the Islamic Maghreb 
(AQIM), which emerged in 2007 after the Salafist Group for Preaching 
and Combat allied itself with al-Qaida in 2006. Former minister of 
interior Noureddine Zerhouni stated in 2008 that an estimated 400 
terrorists operated in the country; the figure remained the most recent 
one available. During the year press reports indicated that security 
forces killed or captured approximately 800 suspected terrorists. 
According to press reports, terrorists killed 38 civilians and 34 
security force members.

    b. Disappearance.--Enforced disappearances, reportedly numbering in 
the thousands, were a significant problem during the 1990s. In August 
2010 the government listed the official number of disappeared cases as 
6,544, which represented a significant reduction in the official number 
reported in previous years. During a 2009 conference in Geneva, 
representatives of the government's human rights advisory office, the 
National Consultative Commission for the Promotion and Protection of 
Human Rights (CNCPPDH), stated that 8,023 persons remained missing or 
disappeared as a result of government actions between 1992 and 1999.
    The 2006 Charter for Peace and National Reconciliation granted 
amnesty to and prevented investigation into the conduct of the National 
Popular Army, the security forces, state-sponsored armed groups, and 
persons who fought on behalf of the government during episodes of civil 
strife in the 1990s. The amnesty also covered certain persons involved 
in Islamist militant and terrorist activities. Persons implicated in 
mass killings, rapes, or bomb attacks in public places were not 
eligible for amnesty. Some local NGOs, including SOS Disparus, 
Djazairouna, Somoud, and the Algerian Human Rights Defense League 
(LADDH), criticized the charter for enabling terrorists to escape 
justice and security forces for acting with impunity.
    The law provides measures for compensating victims of 
disappearances, although families of the disappeared reportedly 
experienced complications and delays in receiving compensation.
    On June 1, the U.N. Human Rights Committee asked the government to 
investigate the disappearance of Brahim Aouabdia in the province of 
Constantine. There was no information on the case at year's end.
    In January 2010 the local human rights NGO Alkarama presented to 
the government human rights commission the disappearance case of 
Lakhdar Bouzenia, who allegedly was arrested by security forces in 1993 
and tortured. The case remained unresolved at year's end.
    Armed criminals conducted abuses against civilians, including 
kidnappings, false checkpoints, and extortion, particularly in areas 
east of Algiers and in the southern portion of the country. In May 
security officials reported that 177 kidnapping cases occurred in 2010.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, but NGO and local human 
rights activists reported that government officials sometimes employed 
abusive treatment to obtain confessions. Government agents can face 
prison sentences of between 10 and 20 years for committing such acts, 
and some individuals were tried and convicted. Nonetheless, impunity 
remained a problem.
    Local human rights lawyers maintained that abusive treatment 
occurred in detention facilities, most often against those arrested on 
``security grounds.'' Amnesty International (AI) and other 
international organizations documented the mistreatment of terror 
suspects, where they have been ``at unrecognized detention centers 
where they were at risk of torture or other ill-treatment.''
    In December 2010 two senior police officers working in the main 
police station of the eastern province of Constantine received 12-month 
prison sentences, with six-month suspended sentences, on charges of 
negligence and disrespect for pretrial detention procedures for not 
removing the shoelaces of Tifouti Kamel, who hanged himself in his cell 
during pretrial detention.

    Prison and Detention Center Conditions.--Prison conditions 
generally did not meet international standards, and the government did 
not permit visits to military, high-security, or standard prison 
facilities or to detention centers by independent human rights 
observers. Overcrowding remained a problem in many prisons. Prisoners 
had access to potable water, and steps have been taken to improve 
recordkeeping and the use of alternative sentencing for nonviolent 
offenders. Conditions for female prisoners were generally better than 
those for men. According to human rights lawyers, prison overpopulation 
was explained partially by the government's excessive use of pretrial 
detention. In 2008 the CNCPPDH conducted 34 prison visits and 
highlighted concerns with overcrowding, insufficient bed space, and 
problems with lighting, ventilation, nutrition, and hygiene.
    According to the director general of the Prisons Administration, 
there were 56,000 prisoners, including 411 minors, in the country's 133 
prisons. Prisons held men and women separately. The Ministry of Justice 
has undertaken a prison building program to alleviate crowding 
problems. New prisons opened during the year provide training, 
education, and reinsertion programs for prisoners and comply with 
international standards. Prison guards are also receiving renewed 
training. Officials permitted prisoners weekly visits by their 
families, and family members have the right to bring in food and 
clothes. Prisoners also could observe religious events and had a place 
to perform prayers. All Muslim religious days were observed within 
prisons. In each prison inmates can submit complaints to the 
penitentiary administration or their lawyers. An ombudsman does not 
exist to serve on behalf of prisoners or detainees.
    The penal code permitted the substitution of community service in 
lieu of imprisonment for first-time offenders with a maximum prison 
sentence of three years.
    The government held political prisoners and suspected terrorists in 
military prisons where international observers were not allowed. In a 
2008 report, the U.N. Committee Against Torture expressed concern over 
reports that the Department of Intelligence and Security (DRS), the 
intelligence agency tasked with internal security, maintained secret 
detention centers inside military barracks that operated outside 
judicial authority. During the year AI reported significant concerns 
that torture and abuse occurred in DRS detention facilities.
    The lifting of the state of emergency in February resulted in some 
individuals formerly detained by the intelligence and security services 
being transferred to facilities under Justice Ministry jurisdiction.
    During the year the government permitted the International 
Committee of the Red Cross (ICRC) and the Red Crescent Society to visit 
regular, nonmilitary prisons. ICRC visits to persons held in places of 
detention run by the Ministry of Justice and to those detained in 
police stations and gendarmeries took place in accordance with ICRC 
standard practices. Visitors to selected prisons saw no signs of 
torture or mistreatment.

    d. Arbitrary Arrest or Detention.--Although the constitution 
prohibits arbitrary arrest and detention, overuse of pretrial detention 
occurred in practice. On July 9, the government-appointed head of the 
CNCPPDH, Farouk Ksentini, stated that pretrial detention was ``a 
significant weakness of the Algerian legal system.'' He questioned the 
official rate given by the Ministry of Justice that only 11 percent of 
detainees were under pretrial detention, stating that the rate was 
certainly higher. Ksentini noted in August 2010 that judicial error 
resulted in cases of ``unjustified'' pretrial detention due to a lack 
of incriminating evidence.

    Role of the Police and Security Apparatus.--The national police 
force, consisting of more than 140,000 members, falls under the control 
of the Ministry of Interior and has national jurisdiction. The National 
Gendarmerie, under the Ministry of Defense, also performs police-like 
functions outside urban areas. Organizationally the DRS reports to the 
Ministry of Defense and exercises internal security functions, but it 
also performs functions comparable to the police in terrorism cases.
    Impunity remained a problem. The government did not always provide 
public information on the numbers, infractions, or punishments of 
police, military, or other security force personnel.
    The criminal code provides mechanisms to investigate abuses.
    During the year police responded to 10,910 civil disturbances 
nationwide, according to Abdelghani Hamel, director general of the 
national police.

    Arrest Procedures and Treatment While in Detention.--According to 
the law, police must obtain a summons from the Prosecutor's Office to 
require a suspect to appear in a police station for preliminary 
questioning. Summonses also are used to notify and require the accused 
and the victim to attend a court proceeding or hearing.
    Police may make arrests without a warrant if they witness the 
offense. Public lawyers reported that procedures for warrants and 
summonses usually were carried out properly.
    The constitution specifies that a suspect may be held in detention 
for up to 48 hours without charge. If more time is required for 
gathering additional evidence, the police may request that the 
prosecutor extend the suspect's detention to 72 hours. Those suspected 
of terrorism or subversion may be held legally for 12 days without 
charge or access to counsel under the law. Such individuals are 
obligated to answer questions posed to them by security forces, and 
they are not authorized to contact anyone. By law the initial court 
appearance in terrorism matters is not public.
    At the end of the 12-day period, the detainee has the right to 
request a medical examination by a physician of choice within the 
jurisdiction of the court. Otherwise the judicial police appoint a 
doctor. The certificate of the medical examination is then entered into 
the detainee's file.
    Following the 12-day period, individuals involved in terrorism 
cases are placed under judicial control, which requires them to report 
weekly to a local police precinct and to reside at an agreed-upon 
address. Travel within the country is unrestricted. Travel abroad is 
not generally authorized.
    Judges rarely refused prosecutorial requests for extending 
preventive detention, which by law can be appealed. Should the 
detention be overturned, the defendant has the right to request 
compensation.
    There is no system of bail, but in nonfelony cases, suspects often 
were released on provisional liberty referred to as ``judicial 
control'' while awaiting trial. Under provisional liberty status, 
suspects are required to report weekly to the police station in their 
district and are forbidden to leave the country.
    Most detainees have prompt access to a lawyer of their choice, and 
the government provides legal counsel to indigent detainees. The penal 
code requires that detainees in pretrial detention be informed 
immediately of their rights to communicate with family members, receive 
visitors, and be examined by a doctor of their choice at the end of 
detention. In addition any suspect can request a medical examination 
once on police premises or before facing the judge. In practice there 
were continued reports during the year that these rights were not 
extended to all detainees. Typically detainees had access to a doctor 
only at the end of detention. Some detainees were held incommunicado 
without access to their families or lawyers.

    Pretrial Detention.--Prolonged pretrial detention remained a 
problem. The law does not provide a person in detention the right to a 
prompt judicial determination of the legality of the detention. Those 
charged with acts against the security of the state, including 
terrorism, may be held in pretrial detention as long as 20 months, 
according to the penal code, and the prosecutor must show cause every 
four months for continuing pretrial detention. Hundreds of rioters in 
January charged with looting or public disorder were held in pretrial 
detention, usually for 24 hours, but sometimes for several days. 
Rioters, protesters, and activists were normally released without being 
charged.

    e. Denial of Fair Public Trial.--While the constitution provides 
for an independent judiciary, the president exercises supreme judicial 
authority, and the executive branch limited judicial independence. The 
constitution provides for the right to a fair trial, but in practice 
authorities did not always respect legal provisions regarding 
defendants' rights. The High Judicial Council is responsible for 
judicial discipline and the appointment of all judges. President 
Bouteflika serves as the president of the council.

    Trial Procedures.--Defendants are presumed innocent and have the 
right to be present and to consult with an attorney, provided at public 
expense if necessary. Most trials are public and all are nonjury. 
Defendants can confront or question witnesses against them or present 
witnesses and evidence on their behalf. Courts occasionally denied 
defendants and their attorneys access to government-held evidence , but 
there were fewer reports of such incidents than in past years. 
Defendants have the right to appeal. The testimony of men and women has 
equal weight under the law.
    On July 18, a court in Tizi Ouzou sentenced Malik Madjnoun and 
Abdelhakim Chenoui to 12 years in prison for assassinating singer 
Lounes Matoub in 1998. Madjnoun and Chenoui had been held in jail 12 
years awaiting trial but had yet to be released by year's end.

    Political Prisoners and Detainees.--There were reports of dozens of 
individuals detained for political reasons, including peaceful assembly 
in Algiers. In virtually all of the instances, police detained 
activists participating in protests or marches and held them either in 
the backs of riot trucks on site or transported them to nearby police 
precincts. Police released the activists without charges once the 
protests had subsided.

    Civil Judicial Procedures and Remedies.--The judiciary was neither 
independent nor impartial in civil matters and lacked independence in 
some human rights cases. Family connections and status of the parties 
involved could influence decisions. Individuals may bring lawsuits, and 
there are administrative processes related to amnesty, which may 
provide damages to the victims or their families for human rights 
violations and compensation for alleged wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, although in 
practice government authorities infringed on citizens' privacy rights. 
According to human rights activists, the government monitored the 
communications of political opponents, journalists, human rights 
groups, and suspected terrorists. Security officials reportedly 
searched homes without a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--Although the constitution provides for freedom of speech and of 
the press, the government restricted these rights in practice through 
accusations of defamation; informal pressure on publishers, editors, 
and journalists; and the continued closure of broadcast media to 
private entities. In September, the government passed a law 
decriminalizing press offenses.

    Freedom of Speech.--Individuals generally were able to criticize 
the government privately, although there could be occasional reprisals. 
In practice citizens practiced self-restraint in voicing public 
criticism. The government attempted to impede criticism by monitoring 
political meetings and in some cases not allowing nongovernmental 
organizations (NGOs) to hold meetings. The law specifies that freedom 
of speech must respect ``individual dignity, the imperatives of foreign 
policy, and the national defense.'' A 2006 presidential decree 
continued to criminalize speech about the conduct of the security 
forces during the internal conflict of the 1990s.

    Freedom of Press.--Many political parties, including legal Islamic 
parties, had access to the independent press and used it to express 
their views. Opposition parties also disseminated information via the 
Internet and published communiques. Journalists expressed frustration 
over the near-impossibility of receiving information from public 
officials, and journalists and political cartoonists regularly 
criticized the government.
    Radio and television were government-owned and frequently 
broadcasted coverage favorable to the government. Sources maintained 
that broadcast media did not grant sufficient access to opposition 
parties and critical NGOs. During nonelection periods opposition 
parties and spokesmen regularly were denied access to public radio or 
television. Political parties and independent candidates received the 
same amount of radio access time during the three-week campaign period 
prior to the 2009 presidential election.

    Internet Freedom.--Access to the Internet generally was unimpeded, 
although the government monitored e-mail and Internet chat rooms. 
Individuals and groups could engage in the expression of views via the 
Internet, including by e-mail. Individuals posted on YouTube thousands 
of videos of the early January protests and their aftermath. In 
addition to reporting information and showing actual events, several 
videos presented political opinions and popular reactions, expressing 
in some cases support for protesters and criticism of government 
policies, while others condemned acts of violence. Some media reports 
indicated that Facebook was blocked by the government's attempt to 
stifle communication among protesters during the early months of the 
year. Other users reported no difficulty accessing Facebook throughout 
the riots. Facebook administrators reported that they were 
investigating the complaints but did not release official findings. The 
minister of information and communication denied that the government 
blocked Facebook.
    The law on cybercrime establishes procedures for using electronic 
data in prosecutions and outlines the responsibilities of service 
providers to cooperate with authorities.
    By law Internet service providers face criminal penalties for the 
material and Web sites they host, especially if subject matters are 
``incompatible with morality or public opinion.'' The ministries of 
justice, interior, and information have oversight responsibilities. The 
cybercrime law provides sentences for six months to five years in 
prison and fines between 50,000 and 500,000 dinars ($677 to $6,770) for 
users who do not comply with the law, including the obligation to 
cooperate with law enforcement authorities against cybercrime.

    Academic Freedom and Cultural Events.--Academic freedom generally 
was restricted. Academic seminars and colloquiums occurred with limited 
governmental interference, but there were delays in issuing visas to 
international participants and instances where authorities denied 
international experts entrance.
    In August government officials expelled Tunisian singer Bendir Man 
and reportedly banned him from returning to the country following 
August 11 and 12 concerts when he sang about democracy and dedicated a 
song to ``all of the dictators in the Arab world,'' including ``yours, 
Bouteflika.''

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

    Freedom of Assembly.--The constitution provides for the right of 
assembly, but government practice continued to curtail this right. A 
decree implemented in 2001 banning demonstrations in Algiers remained 
in effect and was put into practice during the year. Authorities 
required citizens and organizations to obtain permits from the 
government-appointed local governor before holding public meetings. The 
government continued to restrict licenses to political parties, NGOs, 
and other groups to hold indoor rallies and frequently granted 
permissions on the eve of the event, thereby impeding publicity and 
outreach. In December local government officials refused to authorize 
two conferences that the LADDH planned to hold in Algiers and Boumerdes 
to celebrate International Human Rights Day.
    Every Saturday from February 12 to late April, government security 
forces prevented protesters with the political opposition group 
National Coordination for Change and Democracy (CNCD) from staging a 
march in Algiers. On several occasions, CNCD organizers submitted 
paperwork to local officials requesting permission to march, but the 
requests were denied on security grounds. In some cases police arrested 
protesters and injured some of them as a result of participation in 
unsanctioned protests.
    Between 3,000 and 5,000 university students on April 12 staged the 
first successful public march in Algiers since 2001, despite police 
efforts to prevent it. Students were largely nonviolent, but there were 
approximately 100 injuries.
    The LADDH reported continuing difficulties in obtaining permission 
to hold outdoor meetings and seminars. Groups opposing the Charter on 
Peace and Reconciliation also had difficulty securing permission to 
hold public gatherings.

    Freedom of Association.--The constitution provides for the right of 
association, but the government severely restricted this right in 
practice.
    The law grants the government wide-ranging oversight of and 
influence in the day-to-day activities of civil society organizations. 
The law's extensive requirements and uneven enforcement serve as major 
impediments to the development of civil society. It requires 
organizations to register with the government and obtain a license. 
Local organizations must register at the level of the provincial 
governor, and a national organization must register with the Interior 
Ministry. The law mandates that organizations must have at least 10 
founding members on an executive board to register and provide 
professional and personal information about executive board members, 
articles of association, and minutes of the statutory meeting. Once 
registered, organizations must inform the government of their 
activities, funding sources, and personnel, including notification when 
there are personnel changes. If organizations fail to provide such 
information to the government, they are subject to fines between 2,000 
and 5,000 dinars ($27-$68). The government has the right to suspend the 
activities of any NGO it deems to be acting illegally or against public 
order or public decency, although what constitutes a violation of 
public order or decency is not defined. If organizations continue to 
operate after being suspended, members can face between three months 
and two months in prison and fines between 50,000 and 100,000 dinars 
($677-1,350).
    The Ministry of Interior must approve all political parties before 
they are considered legally established. The government restricted the 
registration of certain NGOs, associations, and political parties on 
security grounds but declined to provide evidence or legal 
justification for refusing to authorize other organizations that could 
not be disqualified on security grounds. The government frequently 
failed to grant in an expeditious fashion official recognition to NGOs, 
associations, religious groups, and political parties. The ministry may 
deny a license to or dissolve any group regarded as a threat to the 
government's authority or to public order. For example, the law 
implementing the 2006 amnesty prohibits political activities by anyone 
responsible for having used religion leading to the ``national 
tragedy,'' that is, the 1990s civil conflict, thereby theoretically 
banning Islamic political parties.
    The government issued licenses and subsidies to domestic 
associations, especially youth, medical, and neighborhood associations. 
The Interior Ministry regarded organizations unable to attain 
government licenses as illegal. Domestic NGOs encountered bureaucratic 
obstacles to receiving financial support from abroad. Although not 
illegal, financial support from abroad is conditioned by law on a 
series of authorizations from the ministries of interior and national 
solidarity. These authorizations remained difficult to obtain. 
According to the Ministry of Interior, there were 80,000 registered 
associations. Of that total, only a few hundred are functioning and 
credible independent national NGOs. SOS Disparus remained unrecognized 
and continued to operate facing government interference.

    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, but the government restricted the exercise of this right 
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, asylum seekers, 
stateless persons, and other persons of concern.

    In-Country Movement.--The government maintained restrictions for 
security reasons on travel into the southern locales of El-Oued and 
Illizi, near hydrocarbon industry installations and the Libyan border, 
respectively. The government also prevented overland tourist travel 
between the southern cities of Djanet and Tamanrasset, citing the 
threat of terrorism. The government did not permit young men eligible 
for the draft but who had not yet completed their military service to 
leave the country without special authorization, although the 
government granted such authorization to students and persons with 
special family circumstances.

    Foreign Travel.--The family code does not permit those under 18 to 
travel abroad without a guardian's permission. Married women under 18 
years of age may not travel abroad without permission from their 
husbands.

    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, 
there were no reports that the government granted refugee status and 
asylum to new refugee applicants during the year. According to the 
UNHRC, the government did not accept UNHRC-determined refugee status 
for individuals from sub-Saharan Africa fleeing conflict. Through 
August the office registered 510 cases, 570 individuals, and had 141 
recognized refugees, mostly sub-Saharan African nationals. There were 
reports that the government deported some asylum seekers after trials 
without legal counsel given to the applicant. Refugees holding valid 
UNHRC documentation were less likely to be deported, but two recognized 
refugees were arrested on the basis of illegal entry and stay and were 
deported in the course of the year.

    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 on account of their 
race, religion, nationality, membership in a particular social group, 
or political opinion, as was the case with the Sahrawi refugees. 
Authorities did not extend legal protections to asylum seekers from 
sub-Saharan Africa residing in Algiers. Nonetheless, authorities 
tolerated the presence of these asylum seekers in the country.
    After violence in neighboring Libya, Algeria established a series 
of transit centers for refugees along its 1,000km border with Libya. 
Libyans were allowed to cross the border to purchase goods. Independent 
estimates of the number of refugees crossing into the country from 
Libya during the year ranged from 18,000 to 20,000, but government 
officials claimed an estimated 5,000 refugees entered from Libya. 
Refugees who crossed the border at official checkpoints normally spent 
two to three days at the transit centers, where they could contact 
their national embassies for help with repatriation. Independent 
observers found the transit centers to be in excellent condition with 
ample beds, proper medical treatment, restroom facilities, and free 
phone and laptop usage.
    Refugees from Libya who entered Algeria illegally occasionally were 
arrested, held in detention centers for a period of one to two weeks 
for questioning, and then transported to Algeria's border with Mali and 
Niger, depending on the person's country of origin.
    The government provided protection to an estimated 90,000 Sahrawi 
refugees who departed Western Sahara after Morocco took control of the 
territory in the 1970s. The UNHRC, World Food Program, Algerian Red 
Crescent, and other organizations also assisted Sahrawi refugees. 
Neither the government nor refugee leadership allowed the UNHRC to 
conduct a registration or complete a census of the Sahrawi refugees.

    Access to Basic Services.--Sahrawi refugees lived predominantly in 
camps near the city of Tindouf, administered by the Popular Front for 
the Liberation of the Saguia el Harma and Rio de Oro (Polisario). The 
remote location of the camps and lack of government presence resulted 
in lack of access to employment, basic services, education, police, and 
courts for Sahrawis.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully through periodic elections based on universal 
suffrage. The constitutional change in 2008, allowing for the president 
to run for unlimited terms of office, greatly increased the difficulty 
for citizens to change their government peacefully. Restrictions on 
freedom of assembly and association, as well as restrictions on 
political party activities, also limit this right.

    Elections and Political Participation.--The constitution mandates 
presidential elections every five years. In 2008 President Abdelaziz 
Bouteflika announced his intention to seek parliamentary approval for a 
set of constitutional amendments that included removal of presidential 
term limits. One month later the parliament approved the proposed 
amendments by a wide margin with minimal debate.

    Recent Elections.--In 2009 the government held a contested, 
multiparty presidential election in which the incumbent was elected to 
a third term. Official election statistics indicated that President 
Bouteflika won the election with 90.2 percent of the votes and a voter 
turnout of 74.6 percent. Opposition parties and defeated candidates 
estimated voter turnout was actually in the range of 18 to 55 percent. 
Some international experts commented that observers monitored only 
election-day procedures and were not on the ground to evaluate 
preelection activities. Two opposition parties, the Rally for Culture 
and Democracy (RCD) and the Socialist Forces Front (FFS), boycotted the 
election. The LADDH pointed to a lack of critical debate in the media 
and favorable treatment of the incumbent by state-owned media.

    Political Parties.--The Ministry of Interior did not approve any 
political parties during the year. In April Interior Minister Daho Ould 
Kablia indicated that the ministry had received 42 requests to 
authorize new political parties. In November Ould Kablia indicated that 
there were only five or six political parties that would meet the 
government's conditions for approval. Opposition candidates complained 
that the ministry regularly blocked registered parties from holding 
meetings and denied them access to larger and better-equipped 
government conference rooms while facilitating the activities of the 
pro-Bouteflika National Liberation Front (FLN).
    A party must have received 4 percent of the vote, or at least 2,000 
votes, in 25 wilayas (provinces) in one of the last three legislative 
elections to participate in national elections, making it very 
difficult in practice to create new political parties.
    During the year the government banned independent groups, such as 
the March 19th Facebook group, from meeting and demonstrating. During 
the first four months of the year, police routinely prevented groups 
and individuals from staging protests or marches in Algiers by 
surrounding protesters with overwhelming numbers of police. Most 
notably, police prevented the CNCD from holding weekly marches in 
Algiers every Saturday from February until the group abandoned its 
efforts to march in April.
    Membership in the Islamic Salvation Front (FIS), a political party 
banned in 1992, remained illegal due to the party's ties to the 
violence of the 1990s, which is estimated to have claimed 200,000 
lives. The law also bans political party ties to nonpolitical 
associations and regulates party financing and reporting requirements. 
According to the law political parties cannot receive direct or 
indirect financial or material support from any foreign parties. The 
law also stipulates that resources are collected from contributions of 
the party's members, donations, and revenue from its activities, in 
addition to possible state funding.

    Participation of Women and Minorities.--In accordance with the law, 
the government promoted political rights for women by encouraging 
increased female representation within elected assemblies. In November 
both houses of parliament passed a law setting the terms for expanding 
women's representation in elected assemblies. In future elections, 
women must make up between 20 and 50 percent of candidates depending on 
the population and number of seats the wilaya holds in parliament's 
lower house.
    There were three women in the cabinet. Women also held 30 of the 
389 seats in the Popular Assembly of the Nation, the lower legislative 
chamber, and seven of the 144 seats in the Council of the Nation, the 
upper chamber. A woman led the Workers Party, and three major political 
parties--the FLN, National Rally for Democracy, and RCD--had women's 
divisions headed by women.
    The ethnic Amazigh (Berber) population of approximately 10 million 
participated freely and actively in the political process and 
represented one-third of the government.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties of two to 10 years in prison 
for official corruption, and the government implemented the law more 
effectively than in previous years to address reports of continuing 
government corruption. World Bank governance data reflected the 
existence of a corruption problem.
    Although a 2006 law established a national anticorruption program, 
it does not require elected and senior officials to declare their 
assets. The law does not provide parliamentary immunity in certain 
cases. Two presidential decrees published in 2006, however, make high-
level government officials subject to financial disclosure laws. The 
decrees also stipulate the formation of an anticorruption agency, and 
the government announced its creation in August 2010 as well as new 
policies to strengthen the role of the accounting court.
    Irregularities, including the excessive use of private agreements, 
often affected public procurement. According to the Ministry of Public 
Works, following the president's 2005 prohibition on the use of private 
agreements, including sole-source contracts, government agencies began 
implementing a public tender policy for all infrastructure and large 
government projects. For those public tenders, evaluations were not 
released to participating companies, and evaluation methods and 
techniques were not clearly defined. Some agencies, however, continued 
to use direct contracts for public works projects. In July 2010 a 
presidential decree mandated that all financial transactions involving 
more than 500,000 dinars ($6,770) be conducted by credit card, check, 
or other noncash method in an effort to increase financial 
transparency, track illegal financing of terrorism, and reduce the 
possibility of corruption. Since January customs officials suspended 
109 agents for corruption and sent 20 cases for prosecution.
    A notable corruption case in 2010 involved several private 
businessmen and senior executives at the country's national oil 
company, Sonatrach. The men apparently awarded contracts in violation 
of the public procurement code. In January 2010 police arrested several 
top company officials. Following the incident, in May 2010 then energy/
mines minister Chakib Khelil was relieved of his position during a 
broad cabinet reshuffle. On May 4, a judge in Oran sentenced former 
Sonatrach chief executive officer (CEO) Mohamed Meziane to two years in 
prison with one year suspended. Sonatrach's former deputy chairman 
Abdelhafid Faghouli and three executives received eight-month suspended 
sentences for illegal contract letting and fraud.
    In April 2010 an Algiers court ordered the arrest of the current 
and former directors of the Port of Algiers and four other port 
officials for misappropriation of public funds. On June 19, the Algiers 
Appeals Court sentenced former port CEOs Bourouai Abdelhak and Farrah 
Ali to six years in prison, while private businessmen Titache Redouane 
and Miloud Mohamed also received six years in prison for their roles. 
Four other port officials also received prison sentences of six years.
    Although permitted under the constitution, authorities restricted 
access to government information, and there is no law facilitating 
access to information. Throughout the year the Ministry of Justice, in 
cooperation with the U.N. Development Program, improved access to 
information about the country's judicial system and developed a modern 
information management system for penitentiaries. As a result citizens 
were able to request personal legal records from the courts and receive 
the documents the same day.
    In May 2010 the government created the Ministry of Prospective 
Planning and Statistics. However, lack of government transparency 
remained a serious problem. Although the government generally did not 
release many economic statistics, the new ministry released such 
figures. Most ministries had Web sites, but not all were regularly 
maintained to provide updated information. The Justice Ministry 
provided information on citizens' rights and legislation. In August the 
government launched a Web site, El Mouwatin, that contained a wide 
variety of information on municipal and national government services.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government continued to restrict and to harass some local NGOs 
and impeded the work of international NGOs. Although some human rights 
groups, including the Algerian League of Human Rights (LADH) and LADDH, 
were allowed to move about freely, the most active and visible 
organizations reported interference by government authorities, 
including surveillance, monitoring of telephone calls, difficulty in 
securing meeting spaces, and difficulty in obtaining approval for 
international speakers to address sensitive issues.
    The government was not responsive publicly to reports and 
recommendations from domestic and international human rights NGOs and 
interfered with attempts by some domestic and international human 
rights groups to investigate. Domestic NGOs must be licensed by the 
government and are prohibited from receiving funding from abroad 
without approval from the ministries of national solidarity and 
interior. However, more than 100 unlicensed NGOs, such as women's 
advocacy groups and charity organizations, operated openly. Unlicensed 
NGOs did not receive government assistance, and citizens were at times 
hesitant to associate with these organizations.
    The most active independent human rights group was the LADDH, a 
legally recognized NGO with members throughout the country. The LADDH 
was not permitted access to government officials for human rights 
advocacy or research purposes or to prisons, except for normal lawyer-
client consultations. The smaller LADH, a separate organization based 
in Constantine, was licensed, and members throughout the country 
monitored individual cases.
    By law NGOs not legally recognized by the Interior Ministry can 
conduct human rights investigations. Sometimes, however, the government 
prevented even legally recognized NGOs from conducting investigations. 
For example, the LADDH did not have access to prisons or detention 
centers.
    International NGOs continued to experience delays in obtaining 
visas, and outright refusals occurred. The government maintained that 
legislation did not allow branches of foreign NGOs to operate legally 
in the country.

    U.N. and Other International Bodies.--The government continued to 
deny requests for visits from the U.N. Working Group on Enforced or 
Involuntary Disappearances (pending since 1997), the U.N. special 
rapporteur on torture (pending since 1997), the U.N. special rapporteur 
on extrajudicial executions (pending since 1998), the U.N. special 
rapporteur on human rights and counterterrorism (pending since 2006), 
and the U.N. special rapporteur on arbitrary detention (pending since 
2009). The government accepted visits of U.N. special rapporteurs on 
violence against women in 2007 and freedom of religion or belief in 
2002.
    In April U.N. Special Rapporteur on Freedom of Opinion and 
Expression Frank La Rue visited the country and initially could not 
meet with unrecognized or unlicensed movements, political parties, or 
NGOs. He rejected this condition and held successful meetings with 
civil society representatives. In a departing press conference, La Rue 
offered numerous, critical recommendations to the government, including 
a plea to allow the U.N. Working Group on Enforced or Involuntary 
Disappearances to visit the country. Days after La Rue's departure, 
Interior Minister Dahou Ould Kablia said that the recommendations were 
``inappropriate'' and added that ``those who want to give us lessons 
must be careful not to do so.''
    Farouk Ksentini, president of the CNCPPDH, was appointed by the 
president and paid by the government. The CNCPPDH publishes an annual 
report that provides measured criticism of the government. Ksentini 
routinely criticized human rights-related reports from domestic and 
international NGOs and foreign governments.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on birth, race, 
gender, language, and social status. In general the government enforced 
the nationality and family codes, although women continued to face 
legal and social discrimination.

    Women.--Rape and Domestic Violence.--Rape, spousal and nonspousal, 
occurred. The law criminalizes nonspousal rape but does not address 
spousal rape. Prison sentences for nonspousal rape range from one to 
five years. Claims filed by women for rape and sexual abuse continued 
to face judicial obstacles, and many women did not report incidents of 
rape because of societal pressures and bureaucratic problems in 
securing convictions. During the year women's rights activists reported 
a significant increase in reports of violence against women.
    Spousal abuse occurred. The penal code states that a person must be 
incapacitated for 15 days or more and present a doctor's note 
certifying the injuries before filing charges for battery.
    Domestic NGOs reported that physical violence against women 
increased. A report during the year from the national police reported 
that within the first six months of 2010, more than 4,000 women lodged 
domestic violence complaints with police. The report emphasized that 
social status or educational background did not prevent domestic 
violence. According to the police report, four women died in the first 
months of 2010 because of domestic violence. In December the national 
police reported that approximately 7,000 women were victims of domestic 
violence during the first nine months of 2011. There were 13 call 
centers to provide legal and psychological assistance.
    During the year local women's NGOs, including SOS Femmes en 
Detresse, the Wassila Network, and Bent Fatma N'Soumer, spoke against 
violence in the family. SOS Femmes en Detresse and the Wassila Network 
provided judicial and psychological counseling to abused women. Women's 
rights groups experienced difficulty in drawing attention to spousal 
abuse as an important social problem, largely due to traditional 
societal attitudes. Several rape crisis centers run by women's groups 
operated, but they had few resources. The Working Women section of the 
General Union of Algerian Workers established a counseling center for 
women suffering from sexual harassment in the workplace. SOS Femmes en 
Detresse operated one call center in Algiers, but a second call center 
in Batna was closed. During the first eight months of the year, the 
Algiers call center received more than 1,400 calls.

    Sexual Harassment.--The punishment for sexual harassment is one to 
two years' imprisonment and a fine of 50,000 to 100,000 dinars 
(approximately $677 to $1,350). The punishment is doubled for a second 
offense. According to the final report of the U.N. rapporteur, women 
reported 99 cases of sexual harassment to the police between January 
and October 2010. The majority of reported cases of harassment occurred 
in the workplace. SOS Femmes en Detresse provided legal advice and 
counseling to 860 women; however, only 40 of the women seeking 
assistance filed formal complaints.

    Reproductive Rights.--The government did not impose restrictions on 
the right of couples and individuals to decide the number, timing, and 
spacing of their children. There were no restrictions on access to 
contraceptives, yet contraceptives were harder to obtain for single 
women or women in rural areas. In 2009 the Health Ministry's Office of 
Family Planning conducted a public health awareness campaign. According 
to the office, 62 percent of women, mainly married, regularly used 
contraceptives. Government hospitals provided skilled attendance during 
childbirth as well as obstetric and postpartum care and equally 
diagnosed and treated women for sexually transmitted infections, 
including HIV. Due to restrictions women face under the family code, 
which places women under the guardianship of men, as well as the social 
influence of the country's religious movements, women encounter 
pressure in making independent decisions about their health and 
reproductive rights.

    Discrimination.--Although the constitution provides for gender 
equality, some aspects of the law and many traditional social practices 
discriminate against women. In addition, religious extremists advocated 
practices that restrict women's behavior, including freedom of 
movement. In some rural regions, women faced extreme social pressure to 
veil as a precondition for freedom of movement and employment. The 
family code contains elements of Sharia (Islamic law). The family code 
prohibits Muslim women from marrying non-Muslims, although this 
regulation was not always enforced. A woman may marry a foreigner and 
transmit citizenship and nationality to both her children and spouse. 
Muslim men may marry non-Muslim women.
    Women can seek divorce for irreconcilable differences and violation 
of a prenuptial agreement. In a divorce the law provides for the wife 
to retain the family's home until children reach 18 years of age. 
Custody of children normally is awarded to the mother, but she may not 
make decisions on education or take the children out of the country 
without the father's authorization. In practice, more women retained 
the family's home if they had custody of the children.
    The family code affirms the Islamic practice of allowing a man to 
marry as many as four wives. According to the family code, polygamy is 
only permitted upon the permission of the first wife and the 
determination of a judge as to the husband's financial ability to 
support an additional wife. In practice, however, this occurred in 1 to 
2 percent of marriages.
    Amendments to the family code supersede the Sharia requirement that 
a male sponsor consent to the marriage of a woman. Although this 
requirement has been formally retained and the sponsor continues to 
contract the marriage, the woman may choose any man that she wishes to 
be the sponsor. The sponsor represents the woman during the religious 
or civil ceremony. Some families subject women to virginity tests 
before marriage.
    Women suffered from discrimination in inheritance claims and were 
entitled to a smaller portion of an estate than male children or a 
deceased husband's brothers. The law purports that such a distinction 
is justified because other provisions require that the husband's income 
and assets be used to support the family, while in principle the wife's 
remain her own. In practice women did not often have exclusive control 
over assets that they brought to a marriage or that they earned. 
Married women may take out business loans and use their own financial 
resources. Despite constitutional and legal provisions providing for 
gender equality, in practice women faced discrimination in employment. 
Leaders of women's organizations reported that discriminatory 
violations were common and that women were less likely to receive equal 
pay for equal work or receive promotions. In urban areas, there was 
social encouragement for women to pursue higher education and/or a 
career. Girls graduated from high school more frequently than did boys. 
According to 2010 statistics, women represented 55 percent of the 
medical profession, 60 percent of the media profession, 30 percent of 
the upper levels of the legal profession, and more than 60 percent of 
the education profession. In addition, 36 percent of judges were women. 
Women served at all levels in the judicial system, and female police 
officers were added to some precincts to assist women with abuse 
claims. Of nine million workers nationally, two million were female. 
Women may own businesses, enter into contracts, and pursue careers 
similar to those of men.

    Children.--Birth registration.--Citizenship and nationality are 
transmitted from the mother or father. Under the law, children born to 
a Muslim father are Muslim, regardless of the mother's religion.

    Child Abuse.--Child abuse is illegal but continued to be reported 
as a problem. NGOs specializing in children cited continued instances 
of domestic violence against children, which they attributed to a 
``culture of violence'' stemming from civil strife in the 1990s, 
including social dislocations caused by the movement of rural families 
to the cities to escape terrorist violence. Experts assumed that many 
cases went unreported because of familial reticence. The National 
Foundation for Health Progress and Research Development (FOREM), a 
children's rights watchdog NGO with EU funding, estimated that 
approximately 10,000 children suffered some form of abuse, and 16 died 
from physical violence. FOREM also reported that 36 children were 
kidnapped in June. The national police report released in January 
stated that 5,418 children were victims of physical abuse in 2010; 
girls made up 2,072 of the victims. The same report revealed that 20 
children died of severe physical abuse, and 177 were kidnapped in 2010.

    Sexual Exploitation of Children.--The criminal code prohibits 
solicitation for prostitution and stipulates prison sentences of 
between 10 and 20 years when the offense is committed against a minor 
under the age of 18 years. According to the law, the age for consensual 
sex is 16 years. The law stipulates a prison sentence of between 10 and 
20 years for rape when the victim is a minor, but this sentence was 
rarely carried out. The law prohibits pornography and establishes 
prison sentences of between two months and two years as well as fines 
up to 2,000 dinars (approximately $27).

    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.--The country's Jewish population numbered fewer than 
2,000 persons, and there were no functioning synagogues. The government 
did not promote antibias education, and there is no hate crime 
legislation.

    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 in employment, education, access to 
health care, or the provision of other state services, although in 
practice the government did not effectively enforce these provisions, 
and there was widespread social discrimination against persons with 
disabilities. Few government buildings were accessible to persons with 
disabilities. Public enterprises that downsized generally ignored a 
requirement that they reserve 1 percent of jobs for persons with 
disabilities. Social security provided payments for orthopedic 
equipment. The Ministry of National Solidarity provided some financial 
support to health-care-oriented NGOs, but for many NGOs such financial 
support represented approximately 2 percent of their budgets.
    The ministry maintained that there were two million individuals 
with disabilities in the country, of whom the largest percentages were 
classified as ``chronically ill'' or ``other'' (38 and 30 percent, 
respectively). However, according to the Algerian Federation of 
Wheelchair Associations, there were three million persons with 
disabilities living in the country. The government estimated that 
approximately 44 percent of disabled citizens had some form of motor 
disability, 32 percent had communication difficulties, and 24 percent 
suffered from a visual disability. The government classified 
approximately 193,000 individuals as ``fully disabled'' and claimed 
during the year to have appropriated 9.54 billion dinars (approximately 
$129 million) for their welfare.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The penal code criminalizes 
public homosexual behavior for males and females, and there is no 
specific legal protection for lesbians, gays, bisexuals, and 
transgender (LGBT) persons. The law stipulates penalties that include 
imprisonment of two months to two years and fines of 500 to 2,000 
dinars (approximately $7 to $27). If a minor is involved, the adult may 
face up to three years' imprisonment and a fine of 10,000 dinars 
(approximately $135).
    According to the NGO Heartland Alliance, during the year a woman 
engaged in grassroots LGBT activism received several death threats and 
felt compelled to flee the country. There was societal discrimination 
against homosexual conduct. While some LGBT persons lived openly, the 
vast majority did not, and most feared reprisal from their families or 
harassment from authorities

    Other Societal Violence or Discrimination.--HIV/AIDS was widely 
considered a shameful disease in the country. From 1985 to September 
2011, 6,615 Algerians were either HIV-positive or living with AIDS, 
according to Ministry of Health statistics. During the year the 
Ministry of Health identified 514 new HIV cases. However, the National 
Foundation for Health Promotion and Research Development, an NGO, 
released a study during the year that reported there are 12,000 
infected with HIV in the country. There were 61 centers offering free 
testing services to detect HIV/AIDS. Only 51 percent of women, both 
single and married, noted use of condoms to prevent infection. In 
response to societal discrimination, during the year the Ministry of 
Health and the NGO AIDS Algerie launched an HIV/AIDS prevention 
campaign, stressing the need to prevent discrimination, especially in 
the workplace, against those with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution allows workers who are citizens to join unions of 
their choice but requires workers to obtain government approval to form 
a union. The law requires that the Ministry of Labor approve or 
disapprove a union application within 30 days and allows for the 
creation of autonomous unions. However, the government may invalidate a 
union's legal status if its objectives are perceived by authorities as 
contrary to the established institutional system, public order, good 
morals, or the laws or regulations in force. The General Union of 
Algerian Workers (UGTA) was the only legally recognized labor 
confederation, representing a majority of public sector workers. The 
law allows workers to form independent unions, but the union needs 20 
percent representation and must obtain prior authority from the 
government.
    Unions have the right to form and join federations or 
confederations. Unions may also recruit members at the workplace. The 
law prohibits discrimination by employers against union members and 
organizers and provides mechanisms for resolving trade union complaints 
of antiunion practices by employers.
    The law permits unions to affiliate with international labor bodies 
and develop relations with foreign labor groups. For example, the UGTA 
is a member of the International Confederation of Free Trade Unions. 
However, the law prohibits unions from associating with political 
parties and also prohibits unions from receiving funds from foreign 
sources. The courts are empowered to dissolve unions that engaged in 
illegal activities.
    The law provides for collective bargaining for all unions, and the 
government permitted the exercise of this right, in practice, for 
authorized unions; however, the UGTA remained the only union authorized 
to negotiate collective bargaining agreements. According to the UGTA, 
nine million workers were covered by collective bargaining agreements, 
not including foreign migrant laborers.
    The law provides for the right to strike, and workers exercised 
this right in practice, subject to conditions. Striking requires a 
secret ballot of the whole workforce and the government can restrict 
strikes on a number of grounds, including economic crisis, obstruction 
of public services, or possibility of subversive actions. Furthermore, 
due to the emergency law in force, all public demonstrations, including 
protests and strikes, must receive prior government authorization. 
According to the law on industrial relations, workers may strike only 
after 14 days of mandatory conciliation or mediation. On occasion, the 
government offered to mediate disputes. The law states that decisions 
reached in mediation are binding on both parties. If no agreement is 
reached in mediation, the workers may strike legally after they vote by 
secret ballot to do so. The law requires that a minimum level of 
essential public services must be maintained during public-sector 
service strikes. The International Labor Organization (ILO) noted that 
the list of essential services is broad and includes services such as 
banking and radio/television. The ILO expressed concern regarding what 
it deemed excessive penalties ranging from eight days to two months 
imposed by the government on workers participating in peaceful strikes.
    There were no new independent unions formed during the year. Many 
trade unions were not recognized as the government interfered with 
attempts to register. For instance, since 2002 the National Union of 
Vocational Training Workers (Syndicat National des Travailleurs de la 
Formation Professionnelle), was unable to register.
    Attempts by new unions to form federations or confederations also 
were obstructed by delaying administrative maneuvers, such as delays in 
processing registration requests. Since 1996 the Autonomous Unions 
Confederation, which functions without official status, repeatedly 
attempted to organize the autonomous unions, without success. The 
government did not allow the Autonomous Union of Public Sector Workers 
(SNAPAP) to register as a national confederation. SNAPAP and other 
autonomous unions faced government interference throughout the year, 
including official obstruction of general assembly meetings and police 
harassment during sit-in protests. Furthermore, unions in multinational 
companies, specifically in oil and gas production, were nonexistent due 
to antiunion practices and threats and harassment by employers.
    On May 8, unknown persons stole two computers from the Union House 
in Algiers, a place where the CNCD was created. In June the 
International Trade Union Confederation released a report on trade 
union rights denouncing the government's ability to deem strikes 
illegal. It also reported that the flexibility of independent unions in 
the public sector is tightly controlled and that the creation of unions 
is hampered by excessive restrictions and government intervention. 
Several dozen strikes occurred throughout the country. Authorities 
rarely give permits for public gatherings. The authorities tolerated 
strikes but continued to enforce a ban on marches and demonstrations in 
Algiers that has been in effect since 2001.
    From March 7 to May 23, physicians and medical residents carried 
out a strike demanding higher pay and the cancellation of the civil 
service duty, performed in difficult conditions. On April 4, Health 
Minister Djamel Ould Abbes called this strike movement ``illegal and 
unacceptable.''

    b. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits all forms of forced or compulsory labor; however, there were 
reports from the Ministry of Labor and NGOs that such practices 
occurred. Forced labor conditions existed for migrant workers that were 
not fully protected by labor law. Construction workers and female 
domestic workers were reportedly vulnerable.
    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 participation by minors in dangerous, unhealthy, or 
harmful work or in work that is considered inappropriate because of 
social and religious considerations. The minimum legal age for 
employment is 16 years, but children that are younger may work as 
apprentices with permission from their parents or legal guardian. The 
law prohibits minors from working in dangerous or harmful work, but it 
does not establish a list of hazardous occupations prohibited to 
minors, nor does it cover work in the informal sector.
    On June 11, UNICEF representative in Algiers stated that 340,000 
children worked in various sectors in the country, adding that the 
phenomenon is taking on alarming proportions. Children faced forms of 
child labor primarily in agriculture and the construction sector, and 
in the informal sector as domestic servants. However, specific data was 
unavailable.
    The Ministry of Labor is responsible for enforcing child labor 
laws, but enforcement was limited. The ministry conducted and in some 
cases investigated companies suspected of hiring under aged workers. 
However, monitoring and enforcement practices for child labor were not 
consistent and were hampered by an insufficient number of inspectors. 
During the year the NGO FOREM implemented a public awareness campaign 
to encourage children to remain in school until 16 years of age, rather 
than participating in the workforce. Approximately 100,000 students 
dropped out of school annually to join the workforce, according to 
FOREM.

    d. Acceptable Conditions of Work.--The national minimum wage of 
15,000 dinars (approximately $203) per month was established in 2009 
following a tripartite social pact between business, government and the 
official union. This did not provide a decent standard of living for a 
worker and family. In September the tripartite agreed to increase the 
monthly minimum wage to 18,000 dinars (approximately $244). Autonomous 
unions, which were not included in tripartite talks, reported the 
increase was inadequate and would not affect the majority of workers 
who already earn more than the minimum wage. Families making only 8,000 
dinars (approximately $108) per month are considered to be living in 
poverty.
    The standard workweek was 40 hours, including one hour for lunch 
per day. Employees who worked longer than the standard workweek 
received premium pay on a sliding scale from time-and-a-half to double-
time, depending on whether the overtime was worked on a normal workday, 
a weekend, or a holiday.
    The law contains occupational health and safety standards, which 
were not fully enforced. There were no known reports of workers being 
dismissed for removing themselves from hazardous working conditions. If 
workers face such conditions, they reserve the right to renegotiate 
their contract or, failing that, resort to the courts. While this legal 
mechanism exists, the high demand for employment in the country gave an 
advantage to employers seeking to exploit employees. Economic migrants 
from sub-Saharan Africa and elsewhere working in the country without 
legal immigration status were not protected by the country's labor 
standards, making them vulnerable to exploitation. Labor law does not 
adequately cover migrant workers, who primarily are employed in the 
construction and domestic help sectors.
    In general the Ministry of Labor enforced labor standards, 
including ensuring compliance with the minimum wage regulation and 
safety standards. However, broad enforcement remained ineffective and 
insufficient.

                               __________

                                BAHRAIN

                           EXECUTIVE SUMMARY

    Bahrain is a monarchy. Noncitizens make up slightly more than half 
of the population. King Hamad Bin Isa Al-Khalifa, the head of state, 
appoints the cabinet of ministers; approximately half are members of 
the Sunni Al-Khalifa ruling family. The parliament consists of an 
appointed upper house (the Shura Council) and the elected Council of 
Representatives. Approximately 17 percent of eligible voters 
participated in parliamentary by-elections on September 24. Independent 
human rights organizations did not consider these elections to be free 
and fair; a boycott by opposition political societies affected the 
outcome in the already extensively gerrymandered districts. Security 
forces reported to civilian authorities during most of the year.
    Beginning in February the country experienced a sustained period of 
unrest, including mass protests calling for political reform. Gulf 
Cooperation Council (GCC) Peninsula Shield Forces (PSF) troops were 
stationed in the country as a result of the unrest. Royal Decree Number 
18 implemented an emergency State of National Safety (SNS) from March 
15 to June 1 in accordance with the constitution. Military and civilian 
security forces carried out extensive security operations, including 
attacks on peaceful protesters at the former GCC Roundabout (commonly 
referred to as the Pearl Roundabout and subsequently renamed Al Farooq 
Junction) in Manama on February 17. Fifty-two confirmed deaths during 
the year may be linked to the unrest. There were 35 deaths between 
February 14 and April 15 alone, according to the Bahrain Independent 
Commission of Inquiry (BICI), and there were reports of an additional 
17 related deaths throughout the rest of the year. Five of the 35 
persons died as a result of torture inflicted by elements of security 
services during the SNS. During the year rioters attacked South Asian 
residents, killing at least two.
    The most egregious human rights problems reported in 2011 included 
the inability of citizens to peacefully change their government; the 
dismissal and expulsion of workers and students for engaging in 
political activities; the arbitrary arrest and detention of thousands, 
including medical personnel, human rights activists, and political 
figures, sometimes leading to their torture and/or death in detention; 
and lack of due process.
    Other significant human rights concerns included arbitrary 
deprivation of life; detention of prisoners of conscience; reported 
violations of privacy and restrictions on civil liberties, including 
freedoms of speech, press, assembly, association, and some religious 
practices. In some instances the government imposed and enforced travel 
bans on political activists. Discrimination on the basis of gender, 
religion, nationality, and sect persisted, especially against the Shia 
population. The government demolished multiple Shia religious sites and 
structures during the year. There were reports of domestic violence 
against women and children. Trafficking in persons and restrictions on 
the rights of foreign workers continued to be significant problems.
    The king established the BICI on June 29 and granted it authority 
to investigate and report on the events in February and March and their 
aftermath. The BICI report, released on November 23, identified a 
``culture of impunity'' in the security services and expressed concern 
about the lack of accountability for human rights violations, among 
other findings.
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 government security forces committed arbitrary or 
unlawful killings. The BICI report attributed 19 civilian deaths in the 
spring to security forces; of these it attributed 14 to the Ministry of 
Interior (MOI), three to the Bahrain Defense Force (BDF), one to the 
Bahrain National Security Agency (BNSA), and one to an unnamed security 
agency. Thirteen of these deaths were due to the use of firearms, five 
to torture in custody, and one to physical injuries as the result of 
beating. Of the 14 deaths attributable to the MOI, the BICI concluded 
that nine resulted from excessive use of force and three from 
mistreatment in custody; there was not enough evidence to determine 
cause of death in the other two cases. Of the five persons whose deaths 
resulted from torture, three died in MOI custody, one four days after 
being released from MOI custody, and one at the BDF Hospital after 
being transferred from BNSA custody (see section 1.c., Prison and 
Detention Center Conditions). The BICI report also discussed 11 deaths 
that took place beyond the February-March period covered by its report, 
for which it did not assign responsibility. It noted, however, that the 
deaths may have been the result of incidents related to protest 
activity or excessive use of force by security forces (see also section 
2.b., Freedom of Assembly). Local human rights organizations maintained 
that six additional deaths were linked indirectly to clashes between 
protesters and security forces, particularly due to exposure to tear 
gas.
    On March 16, Isa Radhi Abdali Ahmed Alradhi died in Sitra from 
injuries that included a fractured skull and internal bleeding in the 
brain caused by head trauma. The BICI report noted that clashes between 
residents and police broke out in Sitra on March 15, when a large 
operation by plainclothes police and military personnel took place. A 
witness stated he saw 15 police officers beat Alradhi for approximately 
20 minutes. The BICI concluded that his death was the result of 
excessive use of force. A forensic report confirmed that the deceased 
sustained multiple injuries consistent with beatings. The MOI initiated 
an investigation into this incident but gave no further details.
    On March 19, Hani Abdulaziz Abdulla Jumaa, who was seen being 
chased by approximately 15 riot police in the predominantly Shia 
village of Al Khamis, died of gunshot injuries to the right leg, left 
leg, and left arm. It was unclear why police were pursuing Jumaa. He 
was reportedly beaten, shot, and abandoned. He was taken to 
International Hospital and then BDF Hospital where he died later that 
day. A forensic report showed that the wounds were caused by three or 
more shots at a distance of three feet or less and that the deceased 
also sustained many bruises on his head, face, chest, and shoulders. 
The MOI stated that it was investigating Jumaa's death and identified 
the officer responsible, who was subsequently suspended from duty.

    b. Disappearance.--The BICI stated it was not able to identify 
instances of enforced disappearance. Nevertheless, there were cases in 
which the government concealed or withheld information about detainees' 
whereabouts for days or weeks from detainees and/or their families (see 
section 1.c.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits ``harm[ing] an accused person 
physically or mentally.'' Nevertheless, domestic and international 
human rights nongovernmental organizations (NGOs) and the BICI 
documented numerous instances of torture and other cruel, inhuman, or 
degrading treatment or punishment during the SNS. Detainees asserted 
that security officials beat them, sometimes while they were 
blindfolded and often with clubs, whips, or rubber hoses. Officials 
reportedly used electric shocks on their victims; suspended them upside 
down; placed them in solitary confinement, sometimes in extreme 
temperatures; and burned body parts with lighters. Many reports 
followed a similar pattern of abuse: arbitrary arrest, beating without 
interrogation, beating with interrogation, harassment and intimidation 
without further physical abuse, and then release of the detainee after 
any visible wounds or signs of mistreatment had healed. Most victims 
were Shia.
    On April 27, the Office of the Inspector General at the MOI 
announced in a press statement that it had received more than 1,200 
calls on its hotline for reporting abuse. During the period following 
the establishment of the SNS, the quasigovernmental National Human 
Rights Institute also established a hotline to report abuses.
    The BICI investigated 559 complaints concerning the treatment of 
detainees, of which all but nine were Shia. Fifty-nine of those who 
submitted complaints underwent forensic examination. A general pattern 
of mistreatment emerged from the investigations. Three government 
agencies--the MOI, BNSA, and BDF--were involved in interrogating 
detainees in relation to the unrest in February and March. The primary 
interrogation facilities in which detainees reported mistreatment 
included the Al Adliya MOI Criminal Investigation Division (CID), 
BNSA's Al Qalaa, and police stations in Al Rifaa, Al Qudaibiya, 
Samaheej, Al Nuaim, Nabih Saleh, Al Budaiya, and Sitra. There were also 
some complaints of mistreatment in Al Qurain (BDF), Dry Dock Detention 
Center (MOI), Jow Prison (MOI), and Isa Town Detention Center for Women 
(MOI), the locations where most detainees were held. Detainees at Al 
Qurain reported that their mistreatment ceased after June 10, when the 
military attorney general took control of the facility. Reports of 
detainee mistreatment continued at other facilities. A large number of 
the 179 detainees held by the BNSA reported mistreatment, including 
torture and other forms of cruel, inhuman, or degrading treatment. The 
most common techniques included blindfolding detainees; forcing them to 
stand for prolonged periods; beating, punching, and hitting them with 
rubber hoses, cables, whips, metal, wooden planks or other objects; 
electrocution; sleep-deprivation; exposure to extreme temperatures; 
verbal abuse; threats to rape the detainee or family members; and 
insulting the detainee's religious sect (Shia).
    The physical and psychological mistreatment by the BNSA and MOI was 
aimed in some cases at extracting confessions and statements under 
duress, while in other cases was intended for the purposes of 
retribution and punishment. The BICI concluded that the two 
institutions engaged in the systematic physical and psychological 
mistreatment of a large number of detainees that, in many cases, 
amounted to torture. The ``culture of impunity'' that the BICI report 
identified meant that security officials had few incentives not to 
mistreat prisoners or to take action to prevent mistreatment by other 
officials.
    Subsequent to the commencement of BICI investigation, the MOI 
reported to the BICI that it had received 132 claims of mistreatment. 
The MOI investigated 84 of these and prosecuted 10. The BNSA reportedly 
commenced a general investigation, but no further details were 
available. On December 24, the public prosecutor announced he would 
assume responsibility for all cases related to allegations of torture 
or mistreatment of detainees by MOI personnel.
    In one case, 14 prominent political activists--Ibrahim Sharif 
Abdulraheem Mossa, Hassan Ali Mushaima, Abdulwahab Hussain Ali, 
Abdulhadi Al Khawaja, Abduljalil Abdullah Al Singace, Mohammed Habib Al 
Safaf (aka Mohammed Habib Miqdad), Saeed Mirza Ahmed, Abduljalil 
Mansoor Makki (aka Abdul Jalil Miqdad), Al Hurra Yousif Mohammed, 
Abdullah Isa Al Mahroos, Salah Hubail Al Khawaja, Mohammed Hassan 
Jowad, Mohammed Ali Ismael, and Abdulhadi Abdullah Mahdi Hassan--
reported mistreatment while in the custody of BNSA between mid-March 
and April 13, during which time they were transferred to BDF custody at 
Al Qurain Prison. The BDF reported that a medical doctor examined the 
detainees when they arrived at that facility and that some showed signs 
of physical abuse. According to the BICI, detainees at Al Qurain Prison 
reported that abuse ceased and conditions improved dramatically after 
June 10.
    During the SNS court trial of medical personnel charged with felony 
crimes at Salmaniya Medical Complex in Manama, the defendants filed a 
motion alleging torture while in CID custody beginning in mid-March. 
They stated that confessions had been extracted from them under 
torture. In interviews with the international press, at least 20 
medical personnel reported that unidentified security officials used 
electric shocks; kicked and beat them with sticks, plastic hoses, and 
shoes; and threatened them with rape and/or injury to family members. 
The SNS Court rejected the defendants' motion and ruled that the 
confessions were admissible in the trial. All of the defendants were 
convicted and received prison sentences ranging from five to 15 years. 
Defendants appealed the judgment to the civilian appellate court, and 
the attorney general amended the charges and disallowed the 
confessions. The appeal was ongoing at year's end.
    At times children were also subjected to torture and other cruel, 
inhumane, or degrading treatment or punishment. The BICI report found 
that authorities detained children, sometimes under the age of 15, and 
subjected them to various forms of mistreatment, including beating, 
slapping, kicking, lashing with rubber hoses, and verbal abuse that was 
sectarian in nature. In one incident, on August 1, BICI investigators 
visited the Budaiya police station and witnessed several detained 
teenage boys standing blindfolded and handcuffed. All had been beaten, 
and one 14-year-old boy had cigarette burns on his chest. The BICI 
report also concluded that security forces caused psychological trauma 
to young children during forced-entry raids of private homes, 
frequently forcing them from their beds and separating them from their 
parents.
    On February 21, the king suspended the high-profile trial and 
ordered the release from prison of 23 Shia activists arrested in August 
and September 2010 and charged with attempting to ``overthrow the 
government,'' among other offenses. The defendants reportedly were 
tortured in detention. Some of the 23 were rearrested following the 
imposition of the SNS and were part of the trial of the 14 prominent 
political activists who reported abuse while in the custody of the BNSA 
and the BDF. On June 22, those who were rearrested were convicted in 
the SNS court on separate charges, including attempting to ``overthrow 
the government,'' and sentenced to terms ranging from 15 years to life 
in prison. They remained in Jow Prison at year's end.

    Prison and Detention Center Conditions.--Conditions in detention 
centers were often harsh and sometimes life-threatening. It was unclear 
whether prison conditions changed following the lifting of the SNS and 
the establishment of the BICI. In addition to alleged torture and abuse 
of detainees at police stations and detention centers across the 
country during the SNS, the BICI report identified cases of four 
detainee deaths during pretrial detention. For example, Ali Isa Ibrahim 
Saqer, who was accused of running over a police officer with a car, 
reportedly turned himself over to police on April 5 after his house was 
raided several times. He died in MOI custody on April 9. In May the 
interior minister announced the arrest of five prison guards in 
connection with Saqer's death. Two of the accused were charged in the 
MOI military court with manslaughter while the other three were charged 
with failing to report a crime. All were charged with engaging in 
action contrary to military dignity. On December 30, the public 
prosecutor announced that a new trial would begin in early January 2012 
in the civilian courts. According to the prosecutor, the two 
individuals accused of manslaughter would face charges of torture and 
the three others would face negligence charges for not reporting the 
incident.
    The BICI reported numerous allegations of poor detention 
conditions. Several detainees were refused access to toilet facilities 
for prolonged periods, most often at the CID and Al Asri detention 
centers. There were reports of lack of access to water for drinking and 
the washing necessary during the preparation for prayer, the lack of 
shower facilities and soap, and the unhygienic state of toilet 
facilities. Detainees were sometimes subjected to extreme temperatures.
    The MOI reported that Jow prison housed more than 1,100 prisoners. 
During the SNS, detainees were held at detention centers across the 
country as well as at the BDF facility, Qurain Prison. There was no 
information as to whether the conditions of female prisoners were 
different than those of male prisoners. Juveniles above the age of 15 
were held together with adults. Pretrial detainees were not typically 
held with convicted detainees, although this practice did occur at some 
facilities, including Qurain Prison, during the SNS period. Political 
and security prisoners faced significantly harsher treatment than other 
prisoners during the SNS period. Following the establishment of the 
BICI, their treatment reportedly improved. No known steps were taken 
during the year to improve recordkeeping or to use alternatives to 
sentencing for nonviolent offenders.
    Detainees were generally permitted visits, but access was severely 
restricted during the SNS. Some detainees during the SNS period said 
they were prevented from praying, generally during their first or 
second day after arrest, but this was not a common complaint. During 
the SNS period, prisoners reported that complaints of inhumane 
conditions, especially those addressed to the military prosecutor, went 
unacknowledged. It was unknown if there were prison ombudsmen.
    On December 8, the MOI announced that the interior minister had 
signed a memorandum of understanding with the International Committee 
of the Red Cross (ICRC) allowing the ICRC to visit inmates at its 
reformation and rehabilitation centers and detention centers in 
accordance with ICRC standards. The last time the government permitted 
the ICRC to monitor prison conditions was in 2001. By year's end no 
visit had taken place.
    According to the BICI, on April 20, the MOI established an internal 
committee to supervise and review both its long-term and police-station 
detention centers. The committee is required to conduct spontaneous 
inspections to ensure that appropriate safety and security safeguards 
are in place and that detainees' rights are respected. The committee 
was tasked with reporting any problems approximately twice monthly to 
the inspector general. These reports were not made public, and it was 
unknown whether they were submitted as planned. In August the MOI 
finalized posters aimed at prison officers detailing the rights of 
detainees under domestic and international law. The BICI was informed 
that these were on display in all prisons and detention centers.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention. However, local and international human 
rights organizations reported that during and subsequent to the SNS 
there were many cases of arbitrary arrest.

    Role of the Police and Security Apparatus.--The MOI is responsible 
for public security and controls the public security force and 
specialized security units that are responsible for maintaining 
internal order. The BDF is responsible for defending against external 
threats and provides internal security. It was deployed within the 
country on February 17-19 and again on March 15-June 1 during the SNS. 
During the SNS, four security agencies, following directives issued by 
the BDF commander in chief, had primary responsibility for internal 
security: the BDF, MOI, BNSA, and National Guard.
    The BICI found that a ``culture of impunity'' pervaded the security 
apparatus during the SNS. Security forces were not wholly effective in 
maintaining order prior to the SNS and were often accused of using 
excessive force during and after the SNS. The MOI maintained a hotline 
for citizens to report police abuses, but most in the Shia community 
believed the government condoned police misconduct and therefore did 
not report allegations of abuse. Although internal mechanisms for 
investigating abuses existed under the MOI Office of the Inspector 
General, the BICI found that MOI personnel committed abuses without 
significant consequences. The internal and external mechanisms for 
investigating allegations of abuses by BNSA officials were unclear. On 
December 8, the MOI announced that the ICRC would begin training 
courses on human rights and international humanitarian law for MOI 
personnel. The MOI commenced ICRC training courses before year's end.
    There were instances during the first half of March in which 
security forces inadequately responded to violence, and a sense of 
insecurity and lawlessness grew during this period. Popular committees 
to protect neighborhoods were created in both Shia and Sunni areas, 
culminating in sectarian confrontations, the worst of which took place 
at the University of Bahrain on March 13. Police did not respond in 
time to prevent sectarian clashes between hundreds of students and 
vigilantes.

    Arrest Procedures and Treatment While in Detention.--Under the law, 
in order to apprehend a felony suspect, police must under most 
circumstances present evidence to a judge, who decides whether to issue 
an arrest warrant. This process was not always enforced. However, 
during the SNS there was no requirement for a warrant. According to the 
law, an individual who is arrested must be interrogated immediately by 
the arresting authority and cannot be detained for more than 48 hours, 
after which the detainee must either be released or transferred to the 
Public Prosecution for further questioning. The Public Prosecution is 
required to question the detainee within 24 hours and the detainee has 
the right to legal counsel during questioning. In order to hold the 
detainee longer, the Public Prosecution must issue a formal detention 
order based on the charges against the detainee. Detention may be 
extended for a period of up to seven days for further questioning. If 
any further extension is required, the detainee must be brought before 
a judge, who may authorize a further extension not exceeding 45 days. 
Any extensions beyond that must be authorized by the Higher Criminal 
Court and renewed in 45-day intervals. In the case of alleged acts of 
terror, law enforcement officials may detain individuals for five days, 
with a 10-day extension granted by the Public Prosecution, and the 
initial detention authorized by the Public Prosecution can be 60 days. 
In most cases, attorneys must seek a court order to confer with 
clients. The state provided counsel to indigent detainees. There was a 
functioning system of bail that provided maximum and minimum bail 
amounts based on the charges. The bail law allows the presiding judge 
to determine the amount within these parameters on a case-by-case 
basis.
    According to the BICI, during the SNS, many detainees were held for 
weeks or months with limited, if any, access to the outside world. 
There was no access to the courts to challenge the lawfulness of 
detention. Detainees were denied access to lawyers, sometimes for long 
periods and sometimes until the day of their trials. In addition the 
government withheld information from detainees and/or their families 
about the detainees' whereabouts for days or weeks. In a few cases, the 
government failed to acknowledge it was holding individuals in 
detention for up to two weeks. There were multiple reports of detainees 
held incommunicado for weeks or months.

    Arbitrary Arrest.--During the period of the SNS, the BNSA, BDF, 
National Guard, and MOI (in particular the CID and the Public Security 
Forces, which include the riot police) arbitrarily arrested numerous 
individuals. The SNS decree authorized the military prosecutor to issue 
arrest warrants for an indefinite period of time without having to 
state the evidentiary basis or to secure judicial authorization. During 
the SNS, police and other authorities were not required to produce an 
arrest warrant before arrest. There were numerous reports that 
detainees were not allowed access to relatives or lawyers for weeks 
following arrest.
    On May 2, a group of armed masked men wearing civilian clothes and 
using civilian cars reportedly ambushed Matar Ibrahim Matar, a former 
member of parliament and member of the Shia opposition political 
society Al-Wifaq, in the street without an arrest warrant. They forced 
him from his car at gunpoint, then drove him away for what family 
members were told would be an investigation. According to media sources 
and human rights organizations, Matar was held incommunicado for three 
weeks before he was allowed to contact his family. Matar's attorney 
requested the government to allow him to attend his client's 
interrogation and trial, but his request was denied. The attorney and 
Matar's family received information on an informal basis about his 
trial at the SNS courts and were granted permission to attend just in 
time for the trial. Matar was released on August 7, but his trial was 
transferred to civilian courts and was ongoing at year's end. He faced 
charges of ``participating in illegal gatherings'' for the purpose of 
``disrupting public security,'' ``calling for illegal gatherings,'' and 
``inciting the overthrow of the regime.''

    e. Denial of Fair Public Trial.--Although the constitution provides 
for an independent judiciary, the king controls the judicial system. 
According to the constitution, the king appoints all judges by royal 
decree. He also serves as chairperson of the Supreme Judicial Council, 
the body responsible for supervising the work of the courts, and the 
public prosecutor. During the year the government used a hybrid 
military-civilian court to try civilians, including opposition leaders, 
political activists, rights activists, and others who supported or were 
perceived as supporting the protest movement.

    Trial Procedures.--According to the constitution, defendants are 
presumed innocent until proven guilty. Civil and criminal trial 
procedures provide for a public trial. There are no jury trials. By law 
and in practice, defendants have the right to prompt consultation with 
an attorney of their choice within 48 hours (unless they are charged 
pursuant to counterterrorism legislation). The government provided 
counsel to indigent defendants. Defendants have the right to present 
witnesses and evidence on their behalf and question witnesses against 
them. No law governs defendants' access to government-held evidence and 
such evidence is available at the discretion of the court. Defendants 
have the right to appeal. Women's legal rights varied according to Shia 
or Sunni interpretations of Islamic law (see section 6).
    The SNS court system, created by Royal Decree Number 18 on August 
18, was composed of a lower court and a higher appellate chamber. Each 
chamber was composed of a presiding military judge appointed by the BDF 
commander in chief and two civilian judges. The military prosecutor 
handled all SNS cases. The SNS courts had jurisdiction over crimes 
deemed related to the SNS law, such as protest activities, violence 
against public officials, weapons violations, acts of terror, and those 
that relate to foreign or local security threats to the state. Although 
the trials were not public, family members and members of the 
international community and the human rights community were allowed to 
attend sessions of trials if granted permission by the military 
judiciary. The courts were conducted in military fashion, and the 
presiding judge often dismissed claims of torture by defendants, 
according to the BICI. According to activists and human rights 
organizations, SNS trials were unfair, and violations of due process 
occurred during proceedings. Common allegations were that detainees 
were not informed of charges against them, provided adequate access to 
legal counsel, given full access to evidence presented against them, or 
permitted to testify on their behalf in court. There were also 
allegations that statements made under torture or threat of torture 
were admitted by courts.
    Following the issuance of Royal Decree Number 18, a series of royal 
decrees allowed appeals of SNS convictions in, and later the transfer 
of SNS cases to, the civilian court system. Royal Decree Number 48 
requires the Court of Cassation to review death sentences issued by the 
SNS courts. On June 29, Royal Decree Number 62 announced the transfer 
of all cases and appeals not yet adjudicated by the SNS courts to 
civilian courts. This was partially reversed on August 18, when Law-by-
Decree Number 28 was issued stating that ongoing felony cases would 
take place in the SNS courts whereas ongoing misdemeanor cases would be 
subject to civilian court review. In addition, the law-by-decree 
expanded convicted persons' right to appeal SNS appellate court 
judgments to the Public Prosecution and in the Court of Cassation 
(including those who had not received death sentences). The SNS courts 
officially closed on October 7. Some of the cases transferred to the 
civilian courts were suspended while others were ongoing at year's end.

    Political Prisoners and Detainees.--Human rights organizations and 
the BICI reported that many of those arrested during the SNS period 
were targeted because of their political activism. Some detainees were 
leaders of, or affiliated with, political groups, including Ibrahim 
Sharif, secretary general of the secular, pansectarian, Wa'ad political 
society, and Shaikh Mohammed Ali Al Mahfoodh, secretary general of the 
registered Shia opposition political society Amal. On June 22, a SNS 
court sentenced Sharif to five years' imprisonment on various dubious 
charges that included ``attempting to overthrow the regime.'' On 
October 4, a SNS court convicted Al Mahfoodh on charges that included 
seeking to overthrow the regime by force, inciting public hatred, and 
spreading false news. At year's end both cases were under appeal in the 
civilian system, and both men remained in prison.
    According to the NGO Bahrain Human Rights Society (BHRS), during 
the SNS period more than 1,800 citizens were detained for activities 
related to the unrest. Many were arrested for their alleged involvement 
in protests or political activities, but it is unclear how many could 
be classified as political prisoners.
    Political prisoners during the SNS were not given the same 
protections as other prisoners, according to the BICI, and were not 
given access to international humanitarian organizations.

    Civil Judicial Procedures and Remedies.--Citizens may bring civil 
suits before a court seeking cessation of or damages for some types of 
human rights violations. However, in many such situations, the law 
prevents citizens from filing civil suits against security agencies. On 
August 28, the king announced a compensation fund for individuals who 
were ``materially, morally, or physically harmed'' by security forces 
or public officials during protests during the year.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the constitution prohibits such actions, the 
government violated these prohibitions during the SNS, and there were 
reports by human rights organizations that such violations may have 
continued after the end of the SNS. Human rights organizations reported 
that security forces entered homes without authorization. The BICI 
reported that ``in many cases, the arresting units forcibly entered 
.homes., destroyed personal property, including cars, failed ..to 
identify themselves or . inform the arrested individual of the reasons 
for arrest or to show arrest warrants, and acted in an aggressive and, 
at times, terrorizing manner towards members of the household, 
including women and children.''
    The government is required to obtain a court order before 
monitoring telephone calls, e-mail, and personal correspondence.
    Many Shia citizens and human rights organizations believed there 
were extensive police informer networks, but they were unable to 
provide concrete evidence.
    According to the BICI report, the BNSA monitored the activities of 
individuals and groups inside the country thought to constitute a 
threat to national security during the events of February and March.
    According to the BICI report, detainees often received threats from 
security officials that their family members would face reprisals for 
the detainees' activities.
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, 
``provided that the fundamental beliefs of Islamic doctrine are not 
infringed, the unity of the people is not prejudiced, and discord or 
sectarianism are not aroused.'' In practice the government limited 
freedom of speech and press through a variety of means, including the 
active prosecution of individuals in both civilian and SNS courts under 
the press law, libel and slander laws, and national security-related 
laws.

    Freedom of Speech.--The law forbids any speech that infringes on 
public order or morals. While individuals openly expressed critical 
opinions regarding domestic political and social issues in private 
settings, those who publicly expressed such opinions faced 
repercussions. There were multiple reports that government and 
parastatal employers dismissed or suspended workers for statements made 
either in person or through social media. During the year the 
government also prosecuted individuals in SNS and civilian courts for 
incitement against the government and insulting public officials.
    On March 27, police arrested Fadhila Mubarak Ahmed at a security 
checkpoint for ``playing music calling for the overthrow of the 
regime.'' Security forces claimed she refused to turn down the music 
and physically and verbally insulted a police officer. She was taken to 
a police station in Riffa and was later transferred to a police station 
in Isa Town. Security forces allegedly beat her while she was in 
custody. On May 18, the lower SNS court sentenced Ahmed, along with 
eight others, to four years' imprisonment for insulting a public 
official, calling openly for hatred of the regime, and taking part in 
illegal protests. On June 8, an appeals court reduced her sentence to 
18 months. She remained in prison at year's end.
    On March 30, Ayat Al Qurmozi, a university student, turned herself 
in to authorities following multiple raids on her family home. Al 
Qurmozi had risen to prominence following her recitation of original 
poems critical of the government at two demonstrations at the GCC/Pearl 
Roundabout in February and March. On two earlier occasions, masked 
members of the security forces raided her parents' house and threatened 
to kill her brothers unless she came forward, according to Amnesty 
International. She was held incommunicado for the first 15 days of her 
detention, during which time she was reportedly tortured. On June 13, a 
SNS court convicted Al Qurmozi of inciting hatred against the regime 
and taking part in an illegal gathering. On July 13, she was released 
from prison. On November 21, Al Qurmozi's defense attorney announced 
that the court of appeal had suspended the case upon the request of the 
public prosecutor.

    Freedom of Press.--The government did not own any print media, but 
the Information Affairs Authority (IAA) and other government entities 
exercised considerable control over privately owned domestic print 
media. The government refused visas to many international media 
representatives.
    On March 15, unknown vandals attacked the offices and printing 
presses of the independent Al Wasat newspaper, forcing it to stop 
publishing and to relocate its offices. On April 2, the IAA briefly 
suspended Al Wasat and blocked its Web site after a program called Al 
Rasid (The Observer) on state-run Bahrain Television alleged that the 
newspaper had published false news and photographs. On April 3, 
security officials detained Al Wasat's cofounder and board member, 
Abdul Kareem Fakhrawi, after he responded to a Sanabis police station 
summons. He died as a result of torture while in BNSA custody, 
according to the BICI. The IAA stated that Al Wasat was suspended for 
``unprofessional and unethical'' reporting and ordered an inquiry into 
the newspaper's activities. The government published a 30-page report 
alleging that Al Wasat intended to ``target'' the country's security 
and stability by misleading readers through ``lies, falsification, and 
plagiarism.'' The newspaper resumed publication on April 4, following 
the resignation of another founder and editor in chief, Mansoor Al-
Jamri, and other senior staff members. Al-Jamri was rehired as editor 
in chief in August.
    The government owned and operated all domestic radio and television 
stations. Radio and television broadcasts in Arabic, Farsi, and English 
from countries in the region, including by satellite, were generally 
received without interference. The IAA reviewed all books and 
publications prior to issuing printing licenses. The Ministry of 
Justice and Islamic Affairs reviewed books that discussed religion.

    Violence and Harassment.--According to Reporters without Borders, 
there were many reports of journalists being harassed, arrested, or 
attacked due to their reporting during the year. The Committee to 
Protect Journalists and Reporters without Borders documented the 
detention of and physical assaults on journalists, including the deaths 
of two in custody, as well as government-sponsored billboards and 
advertisements smearing journalists and activists. The government also 
denied entry to, deported, and harassed foreign journalists during the 
year. For example, on March 16, the IAA required CNN reporter Mohammed 
Jamjoom to leave the country. The authorities did not provide a reason 
for his expulsion, but observers believed it was likely due to his 
critical reporting.
    On May 22, police summoned and interrogated Nazeeha Saeed, a 
journalist for France 24 and Monte Carlo Radio. Authorities accused her 
of participating in protests and calling for the downfall of the 
regime, charges that she denied. She claimed that interrogators 
insulted her and questioned her about journalistic reports she had 
written for international media outlets. She reported that police 
officers repeatedly kicked and beat her with a rubber hose, applied 
electric shocks to her arm, poured urine on her face, forced a shoe 
into her mouth, and plunged her head into a toilet to simulate 
drowning. At the end of the interrogation, officials forced her to sign 
a document that she was not permitted to read. The journalist later 
filed a report of the incident with the MOI. On May 24, physicians from 
Doctors without Borders examined her, following which she traveled to 
Paris for medical treatment. On May 25, the interior minister announced 
an investigation into the reported abuse; there was no update at year's 
end.

    Censorship and Content Restrictions.--Government censorship 
occurred. IAA personnel actively monitored and blocked stories on 
matters deemed sensitive, especially those related to sectarianism, 
national security, or criticism of the royal family, the Saudi royal 
family, or the judiciary. Journalists widely practiced self-censorship. 
According to some members of the media, government officials contacted 
editors directly and told them to stop writing about certain subjects 
or told them not to publish a press release or a story.

    Libel Laws/National Security.--The government enforced libel and 
national security-related laws restricting freedom of press. The law 
provides for fines of as much as 10,000 dinars ($26,500) and prison 
sentences of at least six months for criticizing the king or inciting 
actions that undermine state security, as well as fines of up to 2,000 
dinars ($5,300) for 14 related offenses. Punishable activities include 
publicizing statements issued by a foreign state or organization before 
obtaining the consent of the IAA president, publishing any reports that 
may adversely affect the dinar's value, reporting any offense against a 
head of a state that maintains diplomatic relations with the country, 
and publishing offensive remarks about an accredited representative of 
a foreign country because of acts connected with the person's position.
    On June 14, the government announced it would sue British newspaper 
The Independent for libel over an article written by correspondent 
Robert Fisk. The government accused the newspaper of deliberately 
``orchestrating a defamatory and premeditated media campaign'' and 
``failing to abide by professional impartiality and credibility in its 
one-sided news-coverage and reports.'' The status of the libel case 
remained unknown at year's end.

    Internet Freedom.--The government restricted Internet freedom and 
monitored individuals' online activities, including via social media, 
punishing many during the year.
    The governmental Telecommunications Regulatory Authority (TRA) 
ordered service providers to block Internet users' access to certain 
Web sites, including sites those officials considered antigovernment, 
anti-Islamic, or likely to incite sectarian tensions. During the year 
the government blocked the Web site of at least one human rights NGO, 
the Bahrain Center for Human Rights (BCHR). The government also blocked 
the Web sites of a number of opposition groups, including the Wifaq and 
Wa'ad political societies, for extended periods. Public discussion of 
blocked Web sites was widespread, and many users were able to access 
blocked sites through alternate servers.
    On March 30, security forces arrested Mahmood Al Yousif, one of the 
country's most prominent bloggers, in a 3 a.m. raid on his home. After 
questioning, he was released from custody on March 31.
    The BICI reported that detainees complained that security forces 
monitored or demanded access to their e-mail.
    On April 9, the management of Al-Watan newspaper asked a journalist 
to resign without giving her a reason for her dismissal. A former 
colleague later informed her that she had been dismissed because a 
member of parliament had complained to her editor about the content of 
news articles she had been posting on her personal Facebook page, 
according to the BICI.

    Academic Freedom and Cultural Events.--During the year the 
government dismissed professors and suspended or expelled hundreds of 
university students for their participation in demonstrations and 
political activities. Some academics censored themselves, avoiding 
discussion of contentious political issues.
    The University of Bahrain suspended and subsequently dismissed 19 
academics on charges ranging from participation in demonstrations to 
spreading false news. As of year's end, eight of the 19 academics had 
been reinstated with ``final warnings,'' allowing the university to 
legally dismiss them in the future without further warnings.
    On April 17, Abdulla Al Derazi was suspended from his position at 
the University of Bahrain for participating in demonstrations, talking 
to foreign media, and spreading false information. On August 11, he was 
dismissed after the university's investigative committee found him 
guilty of those charges. He was reinstated on December 4 after being 
issued a final warning.
    According to a Human Rights Watch report, beginning in April, 
university authorities suspended or expelled at least 500 students for 
their alleged participation in antigovernment protests. Most of the 
students were enrolled at the University of Bahrain or Bahrain 
Polytechnic. Students reported that university committees did not 
permit them to defend their actions but made their decisions 
perfunctorily after 20 minutes to an hour of questioning. Official 
university statements prior to the expulsions indicated that students 
would be punished for violent actions only, but this did not appear to 
be the case. One student was reportedly expelled for planned absences 
from class and participation in rallies without prior permission from 
university authorities. University of Bahrain administrators reportedly 
advised professors not to write recommendations for expelled students. 
When it reopened in May, the University of Bahrain reportedly forced 
all students to sign ``loyalty pledges'' swearing their ``complete 
loyalty to the leadership of the Kingdom of Bahrain represented by His 
Majesty King Hamad bin Isa Al Khalifa.'' The pledge included a promise 
``not to organize or participate in any activity within the campus or 
outside that is irrelevant to student and academic affairs and 
authorized research.'' On August 25, the Ministry of Education reversed 
the majority of disciplinary decisions taken against students and 
reinstated their scholarships.
    There were reports of cultural institutions declining to offer 
programs considered too politically sensitive during the year.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of free assembly, 
but the law restricts the exercise of this right, and security forces 
intervened against many demonstrations during the year. Organizers must 
submit requests for permission to hold public gatherings or 
demonstrations to the MOI at least 72 hours in advance. The law states 
that funeral processions may not be turned into political rallies and 
security officials may be present at any public gathering. Organizers 
of an unauthorized gathering face prison sentences of three to six 
months.
    The government limited and controlled political gatherings. The law 
regulates election campaigning and prohibits political activities at 
worship centers, universities, other schools, government buildings, and 
public institutions. The government did not allow mosques, ma'tams 
(Shia religious community centers), or other religious sites to be used 
for political gatherings unless permission was first obtained.
    While the government tolerated some spontaneous gatherings, 
authorities severely restricted freedom of assembly at various times. 
On several occasions government forces used unnecessary and 
disproportionate force to disperse protesters. The BICI found that the 
government used excessive force on February 17 when it used tear gas, 
shotguns, batons, sound bombs, and rubber bullets to disperse 
protesters from the GCC/Pearl Roundabout. Approximately 1,000 MOI 
personnel entered the GCC/Pearl Roundabout at 3 a.m. to disperse 
camping protesters. Personnel from the BNSA, CID, and BDF Intelligence 
were also on site. Security forces fired numerous rounds of tear gas to 
disperse protesters and engaged protesters directly. The MOI indicated 
that a number of protesters assaulted police officers with rocks, 
sticks, metal rods, swords, knives, and other sharp objects. As a 
result, more than 40 officers sustained injuries, including severe cuts 
to limbs. The clearing operation and subsequent clashes between 
security personnel and protesters led to the deaths of four individuals 
from shotgun wounds and injuries to 50 protesters. Soon after the 
police crackdown, BDF tanks occupied the GCC/Pearl Roundabout to stop 
demonstrators from occupying the area. On February 19, security forces 
withdrew from the GCC/Pearl Roundabout, allowing demonstrators to 
retake control of the area.
    On February 17, Isa Abdulhasan Ali Hussain died from a shotgun 
injury to the head inflicted near the GCC/Pearl Roundabout. According 
to an eyewitness account, Hussain was part of a group of protesters 
clashing with police when an officer fired his weapon at Hussain at 
close range. On August 8, police officer Ameen Ahmed Musid, a Yemeni 
citizen, went on trial in a military court for manslaughter in 
connection to Hussain's death. At year's end the case and similar cases 
were referred to the Public Prosecution.
    While the SNS was in effect, gatherings were not permitted, and the 
government detained and prosecuted many individuals on charges of 
participating in ``illegal gatherings.'' On March 16, authorities again 
cleared the GCC/Pearl Roundabout of protesters and, on March 18, 
demolished the Pearl Monument. State-run Bahrain Television announced 
later that the ``vile'' antigovernment protests had ``violated'' and 
``desecrated'' the monument and it had to be ``cleansed.''
    Following the lifting of the SNS on June 1, opposition political 
societies regularly applied for, and in most cases received, permission 
to conduct rallies. However, the ``February 14 Youth Movement'' 
conducted numerous unregistered political protests, at times blocking 
roads with debris and throwing Molotov cocktails and iron bars. 
Security forces often responded and sometimes used excessive force.

    Freedom of Association.--The constitution provides for the right to 
freedom of association. In practice the government limited this right. 
Although the government does not allow the formation of political 
parties, it authorized registered political societies to run candidates 
for office and participate in other political activities.
    The government required all groups to register: civil society 
groups with the Ministry of Human Rights and Social Development, 
political societies with the Ministry of Justice and Islamic Affairs, 
and labor unions with the Ministry of Labor. The government decided 
whether a group was social or political in nature, based on its 
proposed bylaws. The law prohibits any activity by an unlicensed 
society as well as any political activity by a licensed civil society 
group.
    To apply for registration, a political society must submit its 
bylaws signed by all founding members, a list of all members and copies 
of their residency cards, and a financial statement identifying the 
society's sources of funding and bank information. The society's 
principles, goals, and programs must not run counter to Sharia or 
national interest, as interpreted by the judiciary, nor may the society 
be based on sectarian, geographic, or class identity.
    A civil society group applying for registration must submit its 
bylaws signed by all founding members, together with minutes of the 
founding committee's meetings containing the names, professions, places 
of residence and signatures of all founding members. The law grants the 
Ministry of Human Rights and Social Development the right to reject the 
registration of any civil society group if it finds the society's 
services unnecessary, already provided by another society, contrary to 
state security, or aimed at reviving a previously dissolved society. 
Associations whose applications are rejected or ignored may appeal to 
the High Civil Court, which may annul the ministry's decision or refuse 
the appeal.
    Many NGOs and civil society activists asserted that the Ministry of 
Human Rights and Social Development routinely exploited its oversight 
role to stymie the activities of NGOs and other civil society 
organizations. While some local NGOs asserted that bureaucratic 
incompetence characterized the ministry's dealings with NGOs, numerous 
others stated that officials actively sought to undermine some groups' 
activities and impose burdensome bureaucratic procedures on NGO board 
members and volunteers.
    On April 7, the Ministry of Justice suspended the secular, moderate 
Wa'ad political society, allegedly for statements ``defaming the 
military and security forces.'' Officials shut Wa'ad headquarters and 
blocked its Web site. On June 18, the Ministry of Justice, declaring 
that the political society had issued a retraction, lifted the 
suspension; the political society was operating at year's end.

    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. However, the government did not always respect 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 
(IDPs), refugees, returning refugees, asylum seekers, stateless 
persons, and other persons of concern.

    Foreign Travel.--The law provides that the government may reject 
for ``reasonable cause'' applications to obtain or renew passports, but 
the applicant has the right to appeal such decisions before the High 
Civil Court. In practice authorities relied on determinations of 
``national security'' when adjudicating passport applications. 
Authorities prevented several activists from leaving the country, and 
it was reported that defense lawyers were subject to travel bans during 
the SNS.

    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. 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. Such individuals generally had access to certain social 
services, education, and employment.

    Stateless Persons.--Citizenship is generally derived from the 
father. Noncitizen men who marry citizen women are not entitled to 
citizenship, and as a result children from such marriages may be 
stateless. In December the king granted citizenship to 335 persons born 
to citizen mothers and foreign fathers. It was unknown how many 
stateless persons resided in the country.
    Stateless persons had access to limited social services, education, 
and employment. They were eligible to receive housing and other 
government services but were excluded from receiving scholarships.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government or their 
political system. However, the constitution provides for a 
democratically elected Council of Representatives, the lower house of 
parliament. The king may dissolve the Council of Representatives at his 
discretion. He also has the power to amend the constitution and to 
propose, ratify, and promulgate laws.

    Elections and Political Participation.--Recent Elections.--The 
September 24 Council of Representatives by-elections were marred by 
irregularities. Several registered political societies declined to 
participate. The by-elections which were organized to replace 18 
members from the largest Shia political society, Wifaq, who resigned in 
February to protest government actions against demonstrators. The 
opposition political societies asserted that the government 
gerrymandered electoral districts in 2002 to provide for a 
progovernment, mostly Sunni, majority in the Council of 
Representatives. Progovernment political societies declined to run 
candidates in the election, primarily because the 18 districts in 
contention were majority Shia districts and progovernment Sunni 
candidates faced likely defeat, although those societies encouraged 
their members to vote. Approximately 17 percent of eligible voters 
participated in the two rounds of voting on September 24 and October 1. 
The majority of the winning candidates were self-declared independents, 
with only two candidates claiming ties to official political societies.
    Many alleged that the government engineered the victory of some 
female and Shia candidates by encouraging their competitors to withdraw 
from the race, and there were accusations that some opposition 
political societies attempted to intimidate voters. Despite 
instructions to their members by the main opposition groups to refrain 
from harassing those citizens who chose to vote, MOI officials reported 
that members of an unnamed opposition group attempted to disrupt voting 
at a predominantly Shia precinct in A'ali by throwing rocks to 
intimidate candidates and voters. Some candidates alleged there was a 
concerted effort by Shia election boycotters to force them to withdraw 
from the race. One newly elected candidate reported that a homemade 
explosive hit his house the evening that his victory was announced.

    Political Parties.--The government did not allow the formation of 
political parties, but more than a dozen ``political societies'' 
developed political platforms, held internal elections, and hosted 
political gatherings. Individuals active with these societies and other 
opposition political society groups faced repercussions during the 
year. The government arrested and detained individual members of some 
political societies, including Wifaq and Wa'ad, for their political 
activities. They were charged with various crimes, including inciting 
hatred of the regime and attending an illegal gathering. Six members of 
the General Secretariat of the Amal political society were detained, 
tried, and convicted in as SNS court; the defendants remained 
imprisoned and their cases were under appeal at year's end.
    During the year a number of elected municipal councils suspended 
several Wifaq political society municipal councilors because of their 
participation in antigovernment protests. In municipal councils where 
Wifaq members constituted a minority, Sunni members voted for their 
expulsion, sometimes in contradiction to the councils' bylaws. The 
minister of municipal affairs and urban planning petitioned the king's 
cabinet to dissolve municipal councils in which Wifaq members 
constituted the majority, but the cabinet did not address the petition 
during the year, and those councils continued to function without 
hindrance.
    A new, predominantly Sunni, political society, the National Unity 
Gathering, received legal recognition in June.
    Political societies were highly critical of provisions in the law 
requiring them to notify the government before contacting political 
groups abroad.

    Participation of Women and Minorities.--The newly elected 
parliamentarians included three women, one of whom won by default when 
her opponents withdrew and two of whom won contested races, a first in 
the country's history. The elections brought the number of female 
members of the elected chamber to four. The Shura Council, the 
appointed 40-member upper house, included 11 women. Two women served as 
cabinet members, five women sat as judges on the criminal courts, and 
one was a judge on the Constitutional Court.
    Although Shia and Sunni citizens have equal rights before the law, 
Sunnis dominated political life even though the majority of citizens 
were Shia. The Shura Council included 19 Shia members, including the 
speaker, as well as one Jewish member and one Christian member. Four of 
the 26 cabinet ministers were Shia, including one of the four deputy 
prime ministers.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption. 
However, the government did not implement the law effectively, and some 
officials reportedly engaged in corrupt practices with impunity. In 
September, in response to multiple corruption cases in 2009 and 2010, 
parliament passed a law making government employees at all levels 
subject to prosecution if they used their positions to engage in 
embezzlement or bribery, either directly or indirectly.
    Penalties can be up to 10 years' imprisonment. In interviews with 
local press, the Bahrain Transparency Society (BTS) stated that, while 
progress had been made, there were ongoing concerns about corruption in 
parastatal companies, including Gulf Air and Aluminum Bahrain (Alba), 
and in the privatization of public land, which was a major concern of 
protesters. Significant areas of government activity, including the 
security services, lack transparency. The press reported that, in a 
number of cases, authorities jailed or fined law enforcement officials 
for misconduct, most often for accepting bribes. While an 
anticorruption unit was established in the MOI, the government did not 
announce any investigations. The law does not require government 
officials to make financial disclosure statements.
    At year's end an appeal of the November 2010 verdict against two 
former managers of Alba continued. Activists alleged that the two 
employees of the aluminum firm, in which the government's sovereign 
wealth fund was the majority shareholder, were scapegoats for more 
senior Alba and government officials who engaged in illegal and corrupt 
activity.
    The law does not provide citizens access to government-held 
information. Most companies and ministries have public Web sites, but 
specific budgetary information, such as individual expenditures and 
income, was not available. There was an ongoing internal push within 
some parts of the government to improve transparency, which has been 
resisted by other officials.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Restrictions on freedom of association and expression and increased 
government scrutiny and harassment during the year hindered 
investigation and public criticism of the government's human rights 
policies. Nevertheless, local and international NGOs continued to 
publish reports on human rights.
    The BHRS is the main independent, licensed human rights 
organization in the country. After having been effectively shuttered in 
September 2010, it filed a lawsuit later that year appealing the 
ministerial decree dissolving its board of directors. On February 9, 
the case was resolved in the NGO's favor, and a new board of directors 
was elected on July 17, with the former secretary general reelected to 
his post.
    The BCHR, which the government officially dissolved in 2004, 
continued to issue reports and had strong ties to international human 
rights NGOs. The BCHR regularly coordinated its activities with leaders 
of unregistered political groups. The government detained and 
questioned BCHR personnel several times during the year. An associate 
organization, the Bahrain Youth Human Rights Society, also continued to 
operate as an unregistered NGO.
    Other local human rights organizations included the independent 
Migrant Workers Protection Society and several women's rights NGOs, 
notably the Bahrain Women's Association, the Bahrain Women's Union, and 
the Young Ladies Society. The Bahrain Human Rights Watch Society was 
generally supportive of government policies but issued critical reports 
at times during the year.
    In response to the general state of fear that pervaded society 
during the SNS period, Wifaq created an ad hoc human rights group to 
record violations. Information provided by Wifaq's human rights 
committee was cited throughout the BICI report.
    The government refused to allow representatives of multiple 
international human rights organizations to enter the country beginning 
in mid-February. The government also barred entry to representatives of 
foreign NGOs working on strengthening institutions and civil society 
and labor organizations.

    Government Human Rights Bodies.--Several members of the 
quasigovernmental National Human Rights Institute (NHRI) resigned in 
protest following the imposition of the SNS. The NHRI is a royally 
appointed body outside the control of the government ministries.
    On June 29, the government convened the BICI, whose staff included 
respected international human rights experts, and tasked it with 
investigating allegations of human rights violations in February and 
March and making recommendations for reform. The government generally 
cooperated with the BICI. The government allocated the commission its 
own funds, which it used to employ local and international staff. The 
public generally accepted the report's findings. The BICI report, 
released on November 23 and accepted by the government, described a 
``culture of impunity'' in the security services and documented 
excessive use of force, including torture, and a range of other human 
rights violations by security forces during the unrest. The report also 
criticized the conduct of some protesters and made a number of 
recommendations to the government. By year's end the government had 
begun to implement some of the recommendations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equality, equal opportunity, and the 
right to medical care, welfare, education, property, capital, and work 
for all citizens. These rights were protected unevenly, depending on an 
individual's social status, sect, or gender. The law does not 
specifically prohibit discrimination based on race, gender, disability, 
language, religion, sect, or social status. The law deprives foreign 
workers, who make up approximately half the population, of many 
fundamental legal, social, and economic rights.

    Women.--Rape and Domestic Violence.--Rape is illegal. The law does 
not address spousal rape. Penalties for rape include life imprisonment 
and execution in cases where the victim is a minor younger than 16 or 
in cases where the rape leads to the victim's death. The government 
reported 425 cases of sexual harassment and rape during the year but 
did not provide further details. During the year, 222 defendants were 
put on trial and 132 were convicted. The press reported cases of men 
arrested for rape, including a few in which fathers of rape victims 
sought lighter sentences for perpetrators. There were numerous reports 
of employers raping female domestic workers, but most victims did not 
seek legal redress since guilt cannot be proven in court without the 
testimony of witnesses to the crime.
    No government policies or laws explicitly addressed domestic 
violence. Human rights organizations alleged that spousal abuse of 
women was widespread. Women rarely sought legal redress for violence 
due to fear of social reprisal or stigma. Little public attention was 
devoted to the problem.

    Sexual Harassment.--The law prohibits sexual harassment with 
penalties of imprisonment of up to one year or a fine of 100 dinars 
($265) if the victim was 14-21 years old and up to three months in 
prison and a fine of 20 dinars ($53) if the suspect is convicted of 
insulting or committing an indecent act towards a female in public. The 
government enforced the law in practice. Sexual harassment remained a 
widespread problem for women, especially foreigners employed as 
domestic workers and in other low-level service jobs. The press 
reported a number of cases of men arrested for sexually harassing 
women. The government reported 425 cases of sexual harassment and rape 
during the year but did not provide further details. In those cases, 
222 suspects were put on trial and 132 were convicted.

    Reproductive Rights.--Reproductive health services, including birth 
control and maternity care, were available without charge to all women. 
Health centers required women to obtain spousal consent in order to 
undergo sterilization; this consent requirement did not apply to 
provision of other family planning services. There was no information 
as to whether women received equal diagnosis and treatment for sexually 
transmitted infections.

    Discrimination.--Women faced discrimination under the law. A woman 
cannot transmit nationality to her spouse or children (see section 
2.d., Stateless Persons). Women have the right to initiate divorce 
proceedings, but religious courts may refuse the request. In divorce 
cases the courts routinely granted mothers custody of daughters younger 
than age nine and sons younger than age seven. Custody usually reverted 
to the father once the children reached nine and seven, respectively. 
Regardless of custody decisions, the father retains guardianship, or 
the right to make all legal decisions for the child, until a child 
reaches the age of 21. A noncitizen woman automatically loses custody 
of her children if she divorces their citizen father ``without just 
cause.''
    Women may own and inherit property and represent themselves in all 
public and legal matters. In the absence of a direct male heir, Shia 
women may inherit all their husband's property, while Sunni women 
inherit only a portion, as governed by Sharia, and the brothers or 
other male relatives of the deceased divide the balance. In practice 
better-educated families used wills and other legal tools to mitigate 
the negative effects of these rules.
    Labor laws prohibit discrimination against women. However, 
discrimination against women was systemic in the country, especially in 
the workplace, as evident from the high official figures for sexual 
harassment. The influence of cultural barriers and religious 
traditionalists sometimes hampered women's rights.

    Children.--Birth Registration.--Citizenship is derived from one's 
father. Women cannot transmit their nationality to their children; 
therefore, children of some citizen mothers and noncitizen fathers are 
born stateless (see section 2.d., Stateless Persons). Births are not 
registered immediately. From birth to the age of three months, children 
are registered with the mother's primary health-care provider. Upon 
reaching three months, the birth is registered with the Ministry of 
Health Birth Registration Unit, which then issues the official birth 
certificate. Children not registered by one year of birth must obtain a 
registration by court order. The government will not provide public 
services to a child without a birth certificate.

    Education.--Government-run primary schools are segregated by 
gender, although girls and boys are educated with the same curricula 
and textbooks. Schooling is compulsory for children only through the 
age of 14, but it is provided free of charge to citizens and legal 
residents through grade 12.

    Child Abuse.--NGOs reported an increase in the number of child 
abuse cases in recent years but were unsure whether it was due to an 
actual increase in abuse or a greater willingness to report it. Sharia 
courts, not civil courts, address crimes involving child abuse, 
including violence against children. NGOs expressed concern over the 
lack of consistent, written guidelines for prosecuting and punishing 
offenders and the leniency of penalties involving child abuse cases. 
The Be Free Center, an associate of the Bahrain Women's Association 
that focuses on child abuse awareness and prevention, dealt with 
approximately 400 child abuse victims during the year. The government 
reported 848 cases of child abuse during the year.

    Sexual Exploitation of Children.--The law prohibits exploitation of 
a child for various crimes, including prostitution. Penalties include 
imprisonment of no less than three months if the accused used 
exploitation and force to commit the crime and up to six years if more 
than one child was exploited, as well as penalties of at least 2,000 
dinars ($5,340) for individuals and at least 10,000 dinars ($26,600) 
for organizations. Penalties vary depending on the specific law 
involved. The law also prohibits child pornography. There is no minimum 
age of consensual sex as the law assumes there is no consensual sex 
outside of marriage. The minimum age of marriage is 15 for females and 
18 for males, but special circumstances allow marriage below these ages 
with approval from a Sharia court. Cases of commercial sexual 
exploitation of children were rare.

    International Child Abductions.--The country is not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction. For country-specific information see travel.state.gov/
abduction/country/country--3781.html.

    Anti-Semitism.--According to the Ministry of Human Rights and 
Social Development, there were 37 Jews 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.--The law protects the rights of persons 
with disabilities, and a variety of governmental, quasigovernmental and 
religious institutions are mandated to support and protect persons with 
disabilities. The government respected these rights in practice. New 
public buildings in the central municipality must include facilities 
for persons with disabilities. The law does not mandate access to other 
nonresidential buildings for persons with disabilities.
    There were no official reports of discrimination against persons 
with disabilities in employment, education, or access to health care. 
According to anecdotal evidence, however, disabled persons routinely 
suffered lack of access to education and employment. The one government 
school for children with hearing disabilities did not operate past the 
10th grade. Some public schools had specialized education programs for 
children with learning disabilities, physical handicaps, speech 
impediments, and Down syndrome, but the government did not fund private 
programs for children who could not find appropriate programs in public 
schools.
    The law requires the government to provide vocational training for 
persons with disabilities who wish to work. The law also requires any 
employer of more than 100 persons to hire at least 2 percent of its 
employees from the government's list of workers with disabilities. 
However, the government did not monitor compliance. The government 
placed persons with disabilities in some public sector jobs.

    National/Racial/Ethnic Minorities.--The law grants citizenship to 
Arab applicants who have resided in the country for 15 years and non-
Arab applicants who have resided in the country for 25 years. There was 
a lack of transparency in the naturalization process, and there were 
numerous reports that the citizenship law was not applied uniformly. 
There were allegations that the government allowed foreign Sunni 
employees of the security services that had lived in the country for 
fewer than 15 years to apply for citizenship. There were also reports 
of Arab Shia who had resided in the country for more than 15 years and 
non-Arab foreign residents who had resided more than 25 years, who had 
not been granted citizenship.
    Although the government asserted that the labor code for the 
private sector applies to all workers, the International Labor 
Organization (ILO) and international NGOs noted that, in practice, 
foreign workers faced discrimination in the workplace (see section 7).
    According to the BICI, in mid-March rioters beat to death two South 
Asians and attacked 87 others. According to testimony provided to the 
BICI, the attackers targeted the individuals due to their ethnicity.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law does not criminalize 
consensual same-sex sexual activity between consenting persons who are 
at least 21 years of age. However, lesbian, gay, bisexual, and 
transgender (LGBT) activities were not socially accepted, and 
discrimination based on sexual orientation or gender identity was 
common. The Lower Criminal Court convicted 49 male Gulf nationals for 
allegedly practicing prostitution and other illicit acts while 
attending a ``gay wedding,'' according to local press reports. The High 
Criminal Court upheld the charges in December, and the men were 
sentenced to six months' imprisonment.

    Other Societal Violence or Discrimination.--The media reported few 
cases of HIV/AIDS. There were no known reports of societal violence or 
discrimination against persons based on HIV/AIDS status, but medical 
experts acknowledged publicly that discrimination existed. The 
government mandated screening of newly arrived migrant workers for 
infectious diseases, including HIV/AIDS. Migrant workers found to be 
HIV-positive faced deportation.

    Promotion of Acts of Discrimination.--According to the BICI, during 
the disturbances that began in February, the government used official 
media outlets, especially state-owned Bahrain Television, to produce 
biased and sensationalist coverage of the unfolding events and to 
promote sectarianism. During the year Bahrain Television ran a series 
of programs in which citizens were identified as having participated in 
demonstrations and it broadcast confessions by detainees and video 
footage of criminal acts prior to trials. One sports program 
interrogated national athletes, such as former national soccer team 
players Alaa Hubail and Sayed Mohammed Adnan, on air about their 
involvement in protests during the February and March period. Days 
after the program aired, the two men were arrested.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and labor code recognize the right to form trade 
unions independent of government and political parties and the right to 
strike, but both rights were restricted and the law was not 
consistently applied. Unions are independent of government and 
political parties. The right to collective bargaining is not protected 
by the law. Public sector trade unions are prohibited, but public 
sector workers may join private sector trade unions and professional 
associations. Members of the military services are also prohibited from 
joining unions. With the exception of domestic servants, foreign 
workers, who made up approximately 60 percent of the workforce, are 
allowed to join unions. The law prohibits unions from engaging in 
political activities and states that all trade unions are required to 
join the General Federation of Bahrain Trade Unions (GFBTU).
    The law prohibits strikes in 10 ``vital'' sectors, the scope of 
which exceed international standards, including the oil, gas, 
education, telecommunications, transportation, and health sectors, as 
well as in pharmacies and bakeries. The law imposes excessive 
requirements for strikes to be legal and specifies that only a trade 
union can organize and declare strikes. Workers must approve a strike 
with a simple majority by secret ballot and provide 15 days' 
notification to the employer before conducting a strike.
    The government and employers violated labor laws and international 
standards and practiced antiunion discrimination in the aftermath of 
the unrest. The BICI found the government and employers unfairly 
dismissed workers for union activities, violated workers' right to 
conduct legal strikes, targeted union leaders and union members, 
dismissed or suspended employees without due process, and discriminated 
against workers (specifically Shia workers) for their political 
opinions or religious beliefs, in contravention of the constitution and 
domestic law.
    On February 19, after security forces raided the GCC/Pearl 
Roundabout, the GFBTU, which represented more than 70 trade unions 
cumulatively representing more than 20,000 workers, called for a 
general strike demanding the government withdraw security forces and 
allow peaceful demonstrations. On February 21, the GFBTU suspended the 
strike.
    On March 13, the GFBTU called for a second general strike to 
protest excessive use of force by security forces and to voice general 
socioeconomic grievances affecting the workforce. The March 15 
imposition of the SNS restricted union activities, including the right 
to assemble. On March 22, the GFBTU called off the second strike after 
the minister of labor promised that workers would not face punitive 
measures for participating in strikes. Nevertheless, from March through 
May, employers dismissed 2,462 workers from the private (parastatal) 
sector and 1,945 from the public sector, including 57 union leaders (26 
percent of the country's union leadership), and suspended hundreds 
more, according to the BICI report, citing statistics from the Ministry 
of Labor and Civil Service Bureau. The GFBTU reported 2,010 private and 
372 public sector dismissals, according to November statistics.
    The most common reason employers cited for dismissal was absence 
from work, which coincided with the dates of the general union strikes. 
However, the BICI report concluded that the majority of dismissals were 
motivated by a desire to retaliate against employees suspected of being 
involved in demonstrations. In some cases employers dismissed workers 
without any reason or due process, according to the BICI report and an 
international labor organization. Some workers and union members 
reported they had never been absent from work. Others reported that 
they were forced to tender their resignations under duress or were 
physically and verbally abused at their workplaces. In many cases 
employers threatened to refer employees for criminal investigations. 
Employers and the government targeted union leaders. In March the 
management of the Arab Shipbuilding and Repair Yard dismissed all the 
leaders of its trade union, effectively dissolving the union and 
stopped the transfer to union coffers of dues deducted from members' 
salaries.
    According to the BICI report and other reports, on March 28 and 31, 
security forces arrested, interrogated, and in some cases physically 
assaulted workers, especially Shia employees of Gulf Air. Gulf Air 
officials later admitted the company did not follow proper procedures 
when it dismissed 219 workers. It cited general insecurity as a reason 
it could not send the legally required written dismissal notices, while 
simultaneously rejecting absentee workers' claims that the security 
situation prevented them from reaching their workplaces.
    On April 29, the prime minister established a committee to examine 
all dismissals in the private/parastatal sector, with the goal of 
reinstating workers who were illegally terminated, based on 
recommendations from the ILO. In July the committee, chaired by the 
minister of labor, determined that 1,371 employees were illegally 
terminated and recommended their reinstatement. On August 28, the king 
ordered all concerned organizations to reinstate dismissed workers. By 
year's end a number of reinstatements had occurred and many others were 
underway. The process of reinstatement was characterized by lengthy 
delays, a complicated appeals processes, and inaction or outright 
refusal to act on the part of some companies and government 
organizations.
    Throughout the year the number of dismissals and reinstatements was 
a source of disagreement between the government and GFBTU, which 
sharply disagreed over the methodology for measuring both. At times the 
Ministry of Labor claimed that dismissals regarded by the GBFTU as 
unlawful were justified by national security interests. In its report 
the BICI listed 820 private-sector reinstatements. On October 27, the 
Ministry of Labor reported 1,623 dismissals and 1,136 reinstatements in 
the private/parastatal sector. On November 17, the GFBTU reported 1,673 
total dismissals but could confirm only 336 reinstatements in the 
private/parastatal sector. Some reinstated workers were given unfair 
conditions for reinstatement, including demotion, reduction in 
responsibility, docking of wages and/or annual leave, reinstatement 
under ``final-warning'' status, or compulsory signing of ``loyalty 
pledges'' to the government. The issues remained unresolved at year's 
end.
    On December 13, the minister of labor announced the formation of a 
tripartite committee to reinvestigate all dismissal cases from the 
unrest period. The committee consisted of representatives from the 
Ministry of Labor, the Bahrain Chamber of Commerce and Industry, and 
the GFBTU.

    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, particularly among domestic workers and 
others working in the informal sector, none of whom are fully protected 
by the legal code.
    Unskilled foreign workers, with the exception of domestic workers, 
are covered by labor laws, but enforcement was lax, and cases of debt 
bondage were common (see section 7.d.).
    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 child labor and establishes protections for children from 
workplace exploitation, and in general the government effectively 
enforced these laws. Some children were believed to work in family-run 
businesses, but the practice was not widespread. There were reports of 
children trafficked into the country for domestic service.
    The minimum age for employment is 16. The Ministry of Labor made 
rare exceptions on a case-by-case basis for juveniles between the ages 
of 14 and 16 who have an urgent need to assist in providing financial 
support for their families. Minors may not work in industries that the 
Ministry of Health deems hazardous or unhealthy, including 
construction, mining, and oil refining. Minors may work no more than 
six hours a day and may be present on the employment premises no more 
than seven hours a day. These regulations do not apply to family-
operated businesses in which the only other employees are family 
members.
    According to NGOs, government labor inspectors monitored and 
enforced child labor laws effectively in the industrial sector. The 
government did not report any child labor violations during the year.
    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. Public sector workers are covered by a standardized government 
pay scale, with a set minimum of 300 dinars ($798) pay per month. 
Citizens who earned less received a government stipend to offset the 
difference. There was no official poverty level.
    The standard workweek is 48 hours. Workers are entitled to paid 
annual holidays and premium pay for overtime. Excessive compulsory 
overtime in excess of 60 hours per week requires permission from the 
Ministry of Labor.
    The Ministry of Labor enforced the labor law and mandated 
acceptable conditions of work for all adult workers except domestic 
workers. According to NGOs, workplace safety standards were generally 
adequate, but inspection and compliance were substandard. During the 
year the Ministry of Labor employed 43 labor inspectors. The ministry 
set occupational safety and health standards and sporadically enforced 
them with a team of six engineers from multiple specialties. Inspectors 
had the authority to levy fines and close worksites if employers did 
not improve conditions by specified deadlines. There were reports of 
employers being fined for violations. Penalties include fines of at 
least 50 dinars ($133) and up to 300 dinars ($798).
    A ministerial decree prohibits outdoor work between noon and 4 p.m. 
during July and August. The ban is not strictly enforced and violations 
were common. The Ministry of Labor reported that 24 companies were 
cited for violating the summer work restriction. Penalties include 
fines of at least 50 dinars ($133) and up to 300 dinars ($798).
    During the year the media reported several workplace deaths owing 
to a combination of inadequate safety procedures, worker ignorance of 
those procedures, and inadequate safety standards for equipment. Exact 
figures were not available. Particularly hazardous sectors included 
construction and automotive repair.
    Unskilled foreign workers, mostly from South and Southeast Asia, 
made up approximately 60 percent of the workforce (76 percent of the 
private-sector workforce). They were particularly vulnerable to forced 
labor and in some cases were subject to withholding of passports, 
restrictions on movement, contract substitution, nonpayment of wages, 
threats, and physical and sexual abuse. A 2009 study by the country's 
Labor Market Regulatory Authority (LMRA) found that 65 percent of 
foreign workers had not seen their employment contract and that 89 
percent were unaware of their terms of employment. Some foreign workers 
arrived in the country under the sponsorship of an employer and then 
switched jobs while continuing to pay a fee to their original sponsor, 
which made it difficult to monitor and control their employment. Some 
employers illegally charged workers exorbitant fees to remain in the 
country and work for other employers. Estimates of the proportion of 
migrant workers in the country under illegal ``free visa'' 
arrangements--a practice that can contribute to debt bondage--ranged 
from 10 to 25 percent. In numerous cases employers withheld salaries 
from foreign workers for months or years and refused to grant them 
permission to leave the country. The fear of deportation or employer 
retaliation prevented many foreign workers from complaining to 
authorities.
    The government and the courts generally worked to rectify abuses 
brought to their attention. Workers may lodge complaints with the 
Ministry of Labor. The ministry reported that it received 2,820 
complaints, including joint complaints, brought during the year by a 
total of 4,398 female and 861 male workers. During the year inspectors 
visited 354 labor camps to verify that workers' accommodations met 
required safety and hygiene standards. Violations were found in 348 
camps; 230 were issued orders to rectify the violations, nine cases 
were transferred to the public prosecution for legal action, and the 
other cases remained under investigation as of year's end. Inspectors 
are authorized to inspect only premises that have a commercial 
registration and could not inspect private homes where most domestic 
workers lived or unregistered ``private'' camps where many unskilled 
laborers lived.
    The labor law does not protect domestic workers, and this group was 
particularly vulnerable to exploitation. There were credible reports 
that many of the country's 70,000 domestic workers, most of them women, 
were forced to work 12- to 16-hour days, had to give their identity 
documents to employers, had little time off, were malnourished, and 
were subject to verbal and physical abuse, including sexual molestation 
and rape. On average the Ministry of Labor received three complaints 
from domestic workers per month. Reports of employers and recruitment 
agents beating or sexually abusing foreign women working in domestic 
positions were common. Numerous instances were reported to embassies, 
the press, and police. Most victims were too intimidated to sue their 
employers, although they had the right to do so. If a victim brings 
suit against her employer, she cannot leave the country for the 
duration of the case. Ministry of Labor officials stated that they were 
able to resolve most of these cases through mediation. The public 
prosecutor took the remaining cases for investigation. Complaints that 
cannot be settled though arbitration must be referred to the court 
within 15 days. However, the vast majority of cases involving abused 
domestic workers did not reach the Ministry of Labor or the public 
prosecutor.
    During the year the Migrant Workers Protection Society shelter 
assisted 128 female domestic workers. The Migrant Workers Protection 
Society continued to support victims who took their cases to court, but 
compensation to victims was reportedly meager.
    The government continued to conduct workers' rights awareness 
campaigns, publish pamphlets on foreign resident workers' rights in 
several languages, provide manuals on these rights to local diplomatic 
missions, and operate a telephone hotline for victims.

                               __________

                                 EGYPT

                           EXECUTIVE SUMMARY
    Egypt is a republic governed at year's end by the Supreme Council 
of the Armed Forces (SCAF), a transitional authority of senior military 
officers that rules by decree. The appointed civilian Cabinet of 
Ministers carries out the SCAF's executive responsibilities. 
Legislative elections began on November 28 and were scheduled to end in 
February 2012. Nongovernmental (NGO) observers reported the first two 
rounds of elections that took place during the calendar year to be 
generally free from state interference. There were instances in which 
elements of the security forces acted independently of civilian 
control.
    On February 11, then president Muhammad Hosni Mubarak transferred 
executive authority to the SCAF following antigovernment demonstrations 
that began on January 25. On February 13, the SCAF suspended the 1971 
constitution and dissolved the popularly elected People's Assembly and 
the partially elected Shura (Consultative) Council. On March 19, voters 
approved a constitutional referendum that mandated new legislative 
elections and the drafting of a new constitution. The referendum 
balloting was considered free and fair. On March 30, the SCAF issued a 
provisional constitution. Presidential elections were scheduled to be 
held in May 2012.
    The most significant human rights problems during the year were 
attacks on demonstrators, violence against religious minorities, the 
use of military courts in civilian cases, and arbitrary arrest, 
especially as permitted under the Emergency Law. Authorities harassed 
and pursued a broad-based investigation of nongovernmental 
organizations (NGOs) and their staff; state media and government 
figures branded many civil society activists ``traitors'' in a campaign 
against foreign funding of civil society groups. Security forces and 
civilian thugs attacked demonstrators during the year; these attacks, 
along with clashes among opposing groups of demonstrators, killed at 
least 930 persons. Beginning on January 28, authorities arrested and 
tried approximately 12,000 civilians in military courts that lacked 
fundamental due process procedures for offenses ranging from 
``thuggery'' to ``insulting the military.'' The SCAF expanded the 
Emergency Law, in place almost continuously since 1967, to include 
broad offenses such as ``causing internal tensions.'' Under the 
Emergency Law, citizens were subject to arbitrary arrest and detention 
and unfair judicial procedures, although the transitional authorities 
primarily applied the code of military justice, rather than the 
Emergency Law, against demonstrators during the year.
    Other human rights problems included physical abuse and torture by 
security forces, poor prison conditions, and governmental restrictions 
on freedom of expression, assembly, and association. Authorities 
detained journalists and bloggers for criticizing the military. The 
previous government severely restricted Internet freedom when it cut 
connections to telecommunication networks during the peak of 
antigovernment demonstrations. After the revolution security forces, 
including military police, used excessive force to disperse protesters 
and specifically harassed female protesters. Authorities continued to 
enforce onerous restrictions on non-Muslims establishing and repairing 
places of worship, and non-Muslims were targets of government and 
societal violence. The government continued to shoot African migrants 
attempting to cross the Sinai Desert en route to Israel. Domestic 
violence and societal discrimination against women was widespread.
    Official impunity was a problem. In rare instances, such as the 
high-profile June 2010 killing of Khaled Saeed, the government took 
steps to prosecute security forces.
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 National Security Sector (NSS) and the national 
police were the units most often involved in alleged deaths in custody. 
The Ministry of Interior's Central Security Forces and military police 
were accused in casualties related to excessive use of force during 
demonstrations.
    On January 4 or 5, NSS officers reportedly tortured Salafist 
preacher Sayed Bilal to death. Bilal's death came within 24 hours of 
his arrest on January 4 for alleged involvement in the January 1 
bombing of the Two Saints Church in Alexandria. Security officials 
claimed that the 31-year-old died of a heart attack while being 
questioned, but photographs of his body reportedly showed signs of 
torture. Members of Bilal's family said authorities threatened that 
they would be arrested if they did not stop talking to the media and 
human rights organizations. On October 26, a judge in Alexandria 
ordered five NSS officers to stand trial for Bilal's death; however, at 
year's end, the trial had not started, and only one of the five accused 
officers was in custody.
    According to Ministry of Health statistics, clashes between 
security forces, thugs, and demonstrators killed more than 930 
protesters during major incidents in January, February, October, 
November, and December. Deaths occurred when security forces used 
disproportionate force to clear demonstrators from public squares, 
including the use of large amounts of tear gas, ammunition, and/or 
rubber-coated steel bullets. NGOs, activists, and doctors treating the 
wounded reported deaths by live ammunition, although the government 
consistently denied using live ammunition, instead blaming unknown 
``infiltrators.'' In some cases demonstrators threw rocks or Molotov 
cocktails at security forces.
    Video evidence from an October 9 protest by Coptic Christians 
clearly depicted armored personnel carriers running over unarmed 
civilians. In that case the military blamed ``distraught'' soldiers who 
feared for their lives due to the large, violent crowds and announced 
it had begun to try three soldiers for involuntary manslaughter related 
to their actions on October 9. On December 27, the military court 
handling the case temporarily adjourned the trial to allow time to 
gather more evidence and to question additional witnesses.
    Trials beginning on August 1 continued at year's end to determine 
the culpability of then president Mubarak, then minister of interior 
Habib Al Adly, and six Interior Ministry codefendants for deaths during 
the January and February demonstrations.
    There were developments in one notable case from 2010. On December 
26, the Public Prosecutor's Office appealed an October 26 decision in 
which an Alexandria criminal court sentenced police officers Mahmoud 
Saleh and Awad Ismail to seven years in prison for killing Khaled Saeed 
in June 2010, on the grounds that the seven-year sentence was too 
lenient. A government autopsy concluded that Saeed died from choking on 
a bag of cannabis. However, on August 28, the Alexandria court ordered 
the government's Forensics Investigations Committee to reexamine the 
official autopsy results after independent autopsy results submitted by 
Saeed's family indicated he had been tortured and the bag of cannabis 
placed in his mouth after he died.

    b. Disappearance.--According to the 2011 U.N. Human Rights Council 
Report of the Working Group on Enforced or Involuntary Disappearances, 
there were 41 outstanding disappearance cases. The government made no 
efforts to prevent or investigate these incidents. Domestic and 
international human rights organizations claimed there were hundreds 
and perhaps thousands of unreported cases of citizens who disappeared 
into military detention during and after the revolution. The government 
insisted that all those detained during the revolution were released. 
Some of those released said the military accused them of being foreign 
spies and tortured them.
    On October 13, for example, persons belonging to ``a security 
agency'' allegedly kidnapped the physician Ahmed Atef, leader of a 
doctors' syndicate strike, and interrogated him for three days in an 
unknown location before releasing him.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The 1971 constitution and the provisional constitution 
prohibit the infliction of ``physical or moral harm'' upon persons who 
have been arrested or detained; however, the law fails to account for 
mental or psychological abuse, abuse against persons who have not been 
formally accused, or abuse occurring for reasons other than securing a 
confession. Police, military and security personnel, and prison guards 
often tortured and abused prisoners and detainees.
    Domestic and international human rights organizations reported that 
the NSS, police, and military used torture to extract information from 
detainees. In numerous trials defendants alleged that police tortured 
them during questioning. Before and after the revolution, police and 
NSS officers reportedly employed methods such as stripping and 
blindfolding victims; suspending them by the wrists and ankles in 
contorted positions or from a ceiling or door frame with feet just 
touching the floor; beating them with fists, whips, metal rods, or 
other objects; using electric shocks; dousing them with cold water; 
sleep deprivation; and sexual abuse, including sodomy. There were 
reports that security officials sexually assaulted some detainees or 
threatened to rape them or their family members. The absence of legally 
required written police records effectively stymied investigations.
    On March 9, according to Amnesty International and other sources, 
military police reportedly detained 17 women protesting in Tahrir 
Square, beat and used electric shocks on them, then strip-searched and 
sexually assaulted seven of them through forced ``virginity tests.'' On 
March 11, a military court tried the women for disorderly conduct, 
destroying property, and obstructing traffic and issued suspended 
sentences to some. While the government denied the ``virginity test'' 
allegations, in May a senior Egyptian general confirmed them in an 
interview, stating they performed the tests to protect the military 
from rape allegations. Samira Ibrahim, who pursued charges against the 
military for the alleged abuse, reported receiving telephone calls 
threatening rape or death. On December 27, the military stated that it 
was investigating an army doctor in connection with the tests.
    On October 27, after they found him in possession of a mobile phone 
SIM card, security forces allegedly tortured to death Essam Ali Atta, 
who was serving a two-year sentence in Cairo's Tora prison for 
``illegally occupying an apartment.'' Atta's mother, who said in an 
interview with a local media outlet that she witnessed the torture 
while visiting her son, told police that prison guards turned a water 
hose on and inserted it alternately into Atta's mouth and anus. The 
police did not investigate the claim and stated that Atta died as a 
result of ingesting drugs.
    One media report indicated an effort by the government to 
intentionally commit a sane person to an institution for the mentally 
ill. On October 23, media reports confirmed by family members alleged 
that a military court referred detained blogger Maikel Nabil Sanad to 
an institution for the mentally ill in Cairo. The facility reportedly 
refused to admit him and released a statement suggesting the referral 
was made for political purposes.
    On June 21, the public prosecutor formed a committee of three 
judges to review and investigate torture complaints submitted after the 
revolution. At year's end it was unclear whether this committee was 
functioning.

    Prison and Detention Center Conditions.--Conditions in the 
country's prisons and detention centers remained harsh. According to 
international NGO observers, prison cells were overcrowded, with a lack 
of medical care, proper sanitation, food, clean water, and proper 
ventilation. Tuberculosis remained widespread. Provisions for 
temperature control and lighting generally were inadequate. Abuse was 
common, especially of juveniles in adult facilities, and guards 
brutalized prisoners. Ministry of Interior officials claimed that the 
ministry began renovating prisons after the revolution.
    Prison unrest during the revolution resulted in the release or 
escape of approximately 23,000 inmates and the deaths of at least 189. 
According to NGO observers, guards killed more than 100 prisoners and 
injured hundreds of others between January 29 and February 20.
    There were approximately 66,000 prisoners. Juveniles were not 
always separated from adults. Pretrial detainees sometimes were held 
with convicted prisoners. Prison conditions for women were marginally 
better than those for men. There was no information as to whether the 
government had taken steps to improve recordkeeping or use alternatives 
for sentencing nonviolent offenders.
    The penal code provides for reasonable access to visitors. However, 
according to NGO observers and relatives of inmates, the government 
sometimes prevented visitors' access to detainees. Prisoners were 
permitted religious observance. Authorities permitted prisoners to 
submit complaints to judicial authorities without censorship and to 
request investigation of alleged inhumane conditions. However, NGO 
observers claimed that prisoners sometimes were reluctant to do so out 
of fear of retribution from prison officials. In addition authorities 
rarely investigated such allegations.
    The government permitted a small number of independent human rights 
observers to visit some prisons and detention centers during the year, 
but most remained completely closed to the public. As required by law, 
the public prosecutor continued to inspect regular prisons. NSS 
detention centers were excluded from inspections. On August 16, a 
delegation from the quasi-governmental National Council for Human 
Rights (NCHR) visited Cairo's Tora Prison, where authorities were 
holding former president Mubarak's sons and some of his associates. The 
delegation reported that the high-profile prisoners did not enjoy 
special privileges and that the hospital provided only basic services. 
They also noted that inmates requested longer recreation hours, 
permission to pray at the prison mosque, and more telephone calls. The 
NCHR considered itself an ombudsman serving on behalf of prisoners, but 
there was no official government ombudsman.

    d. Arbitrary Arrest or Detention.--The 1971 constitution and the 
provisional constitution prohibit arbitrary arrest and detention. 
However, police, NSS, and military forces engaged in such practices 
before, during, and after the January and February demonstrations, 
including large-scale detentions of hundreds of individuals without 
charge.

    Role of the Police and Security Apparatus.--The Ministry of 
Interior controls the national police, which operate in large cities 
and governorates; the NSS, established on March 15 after the government 
announced the dissolution of the State Security Investigative Services, 
which conducts investigations; and the Central Security Forces (CSF), 
which maintain public order. NSS and CSF officers are responsible for 
law enforcement at the national level and for providing security for 
infrastructure and key domestic and foreign officials. Single-mission 
law enforcement agencies, such as the Tourist and Antiquities Police 
and the Antinarcotics General Administration, also work at the national 
level.
    Before January 25, the security forces operated under a central 
chain of command. Working in concert with a large network of formal and 
informal informants, they were considered generally effective in 
combating crime and terrorism and maintaining public order. During the 
revolution the Ministry of Interior lost significant organizational 
capacity. The postrevolution police, NSS, and CSF were not generally 
considered effective at preventing and investigating crime or 
maintaining public order. The Egyptian Armed Forces, previously 
responsible only for external security, became primarily responsible 
for internal security in urban areas. During the year the national 
police slowly began to take back authority for basic tasks such as 
directing traffic, and the NSS regained some investigative capacity, 
but the incidence of petty and violent crimes increased. During 
demonstrations, which occurred frequently throughout the year, CSF and 
military police were generally responsible for maintaining order.
    Impunity was a significant problem. Security forces were accused of 
using excessive force and intimidation in numerous incidents. For 
example, on October 9, military police and civilian thugs killed 
approximately 25 persons and wounded an estimated 330 during a 
demonstration in Cairo by Coptic Christians. Security forces also 
failed to effectively prevent or respond to incidents of societal 
violence, including the September 9 mob attacks on the Israeli embassy 
and other diplomatic facilities. There were no systematic or effective 
internal or external mechanisms to investigate security force abuses, 
although the government occasionally investigated and prosecuted 
instances of abuse. For example, on May 23, a Cairo criminal court 
sentenced police officer Mohammed Mahmoud Abdel Monem to death, in 
absentia, for killing 20 protesters on January 28. However, at year's 
end authorities had not apprehended Abdel Monem. Throughout the year 
the interior minister reassigned some personnel and accepted the 
resignations of others in an effort to respond to popular demands to 
reform the ministry.

    Arrest Procedures and Treatment While in Detention.--The government 
arrested and detained individuals under the Emergency Law, code of 
military justice, and penal code, each of which gives the government 
broad powers. All three legal regimes operated simultaneously. Before 
the revolution most cases were prosecuted under the penal code.
    In September the SCAF announced that the Emergency Law would 
continue to be applied until June 2012 and amended the law to include 
new violations such as ``attacks on freedom of work,'' ``blocking 
traffic or closing roads,'' and ``intentionally publishing or 
broadcasting false news and rumors.'' The Emergency Law allows arrest 
without a warrant and detention of an individual without charge for as 
long as 30 days, after which a detainee may demand a court hearing to 
challenge the legality of the detention order. A detainee may resubmit 
a motion for a hearing at one-month intervals thereafter; however, 
there is no limit to the detention period if a judge continues to 
uphold the order or if the detainee fails to exercise the right to a 
hearing, and there is no possibility of bail. Although the Emergency 
Law stipulates access to an attorney and, if indigent, an attorney 
provided by the state, many detainees remained incommunicado in state 
security detention facilities without access to family members or to 
lawyers before their cases were transferred to trial, and some faced 
torture in detention.
    Beginning January 28, the government enforced the code of military 
justice, initially in lieu of and subsequently in addition to the penal 
code. It allows the arrest of military personnel and civilians accused 
of ordinary crimes as well as offenses against the armed forces and 
those that ``harm national security.'' Military judges issue warrants, 
and detainees may be held for up to 60 days without charge pending 
investigations. There is no bail in the military justice system. The 
law provides for access to an attorney and, if indigent, an attorney 
provided by the state, but these regulations were not always observed 
in practice. Detainees frequently were not informed of the charges 
against them until their trials, which generally occurred within days 
of arrests.
    Arrests under the penal code occurred openly and with warrants 
issued by a public prosecutor or judge. A prosecutor must bring charges 
within 48 hours of arrest or release the suspect. Detainees sometimes 
were not informed promptly of the charges against them. Authorities may 
hold a suspect for a maximum of six months while they investigate the 
case. There was a functioning system of bail for persons detained under 
the penal code. Criminal defendants have the right to counsel promptly 
after arrest and access to family members at the court's discretion. 
The court is obliged to provide a lawyer to indigent defendants. In 
practice, however, defendants often faced administrative obstacles and 
were unable to secure regular access to lawyers or family visits.

    Arbitrary Arrest.--Arbitrary arrests occurred regularly during the 
year, frequently in the environs of large demonstrations. For example, 
on January 28, state security personnel arrested Google Middle East 
executive and political activist Wael Ghoneim, who in the summer of 
2010 set up a Facebook page that activists used to coordinate 
demonstrations. Security personnel handcuffed and blindfolded him and 
held him incommunicado for 12 days before releasing him without 
charges. Ghoneim became an emblem of the revolution when he spoke 
publicly about his experience.
    During demonstrations throughout the year, authorities sometimes 
detained and questioned local and international journalists covering 
demonstrations. For example, on February 6, soldiers detained, 
handcuffed, and questioned Al Jazeera English reporter Ayman Mohyeldin 
for nine hours.

    Pretrial Detention.--Pretrial detention was a problem during the 
year. Pretrial detainees sometimes were held with convicted prisoners, 
and the Emergency Law and code of military justice allowed for extended 
periods of pretrial detention with no bail system and without 
systematic application of provisions requiring access to an attorney. 
Backlogs in the criminal courts were a problem before and after the 
revolution, also contributing to protracted periods of pretrial 
detention.

    e. Denial of Fair Public Trial.--The 1971 constitution and the 
provisional constitution provide for an independent judiciary, but in 
practice both before and after the revolution the judiciary was subject 
to executive influence and corruption. Both documents provide for the 
independence and immunity of judges and forbid interference by other 
authorities in the exercise of their judicial functions. The government 
generally respected court orders in nonpolitical cases.
    After the revolution military courts at first superseded and then 
operated in conjunction with civilian criminal courts. On September 10, 
the SCAF expanded the Emergency Law, and the Supreme State Security 
Court supplanted the military courts in cases not involving violations 
of the military code of justice. It operated in conjunction with the 
civilian criminal courts and was used to try ordinary crimes and 
security-related offenses.

    Trial Procedures.--In all three court systems defendants legally 
are presumed innocent, although in practice military court procedures 
called this presumption of innocence into question. There are no 
juries. Civilian criminal trials usually are public, although observers 
must obtain government permission to attend. Military and state 
security courts are not open to the public. Defendants have the right 
to consult an attorney in civilian courts, and the government provides 
counsel if the defendant cannot afford a lawyer. Defendants in military 
courts have the right to consult an attorney but frequently were denied 
timely access to counsel and sometimes were denied access to counsel 
altogether. Defendants in the Supreme State Security Court also have 
the right to consult an attorney. In all three systems, the law allows 
defendants to question witnesses against them and to present witnesses 
and evidence on their own behalf, and it provides defendants and their 
attorneys the right to access government-held evidence.
    In civilian and military courts, defendants have the right of 
appeal up to the Court of Cassation. Sentences by military courts are 
subject to certification by the president. All death sentences must be 
confirmed by the president and the Grand Mufti. Supreme State Security 
Court decisions are not subject to appeal; however, the president may 
alter or annul such decisions. The SCAF did not certify verdicts after 
the president resigned, but it annulled verdicts and issued pardons.
    Lawyers and NGOs argued that military court trials did not meet 
basic standards of due process, as defendants were often tried in a 
matter of hours, often in groups, and sometimes without access to an 
attorney. On September 5, the SCAF announced that between January 28 
and August 29, military courts tried 11,879 civilians, convicting 
8,071, with 1,225 convictions awaiting ratification. On November 3, the 
SCAF pardoned 334 of those convicted. In one case, on March 2, a 
military court sentenced demonstrator Amr al-Beheiry to five years in 
prison following a trial that lasted less than five minutes, with no 
defense lawyer present, according to NGO reports. He remained in prison 
at year's end.

    Political Prisoners and Detainees.--The Human Rights Association 
for the Assistance of Prisoners estimated that before the revolution, 
the government held as many as 4,000 persons in administrative 
detention without charge or trial under the Emergency Law. Most of 
those detained were allegedly members of Islamic extremist groups 
arrested in the 1990s. The government did not permit regular access to 
the detainees by international humanitarian organizations. After the 
revolution the government claimed it released thousands of political 
detainees by year's end, including individuals arrested prior to and 
during the revolution (see section 1.d.). NGOs argued that hundreds of 
political prisoners remained incarcerated.

    Civil Judicial Procedures and Remedies.--Individuals had access to 
civil courts for lawsuits relating to human rights violations and filed 
such lawsuits during the year. However, the courts were not entirely 
independent and displayed bias in some politically high-profile cases.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The 1971 constitution and the provisional constitution 
provide for the privacy of the home, correspondence, telephone calls, 
and other means of communication. However, the Emergency Law, which 
remained in place after the revolution, suspends the constitutional 
provisions regarding the right to privacy, and the government used it 
to limit these rights. Under the Emergency Law, the government is 
permitted to disregard constitutional protections of privacy of 
communications and personal residences. The Emergency Law empowers the 
government to place wiretaps, intercept mail, and search persons or 
places without warrants. Before and after the revolution, security 
agencies placed political activists, suspected subversives, 
journalists, foreigners, and writers under surveillance, screened their 
correspondence, examined their bank records, searched their persons and 
their homes, and confiscated personal property. Security services also 
employed extensive informer systems.
    On the evening of February 14, according to a human rights lawyer 
representing families of individuals killed during the revolution, 
security services personnel broke into his office. He was sleeping 
there and heard the building's doorman reveal the location of his 
office. When security forces attempted to enter, the lawyer confronted 
the men, who fled afterward saying they were looking for a different 
office.
    On September 26, another human rights lawyer claimed that security 
services personnel broke into his office that day and searched his 
computer and paper files for incriminating tax information.
    Before and after the revolution, there were reports of government 
agents threatening family members of activists, including threatening 
sexual assault of female relatives. On September 20, Mark Nabil, the 
brother of imprisoned blogger Maikel Nabil Sanad, alleged that police 
threatened him that day with imprisonment as a result of his public 
activism on behalf of his brother.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The 1971 constitution and the provisional constitution provide 
for freedom of speech and press. However, the government partially 
restricted these rights through harassment, censorship, and arrests and 
detentions, sometimes under the Emergency Law and in other instances 
under provisions of the penal code that prohibit incitement or 
discrimination.

    Freedom of Speech.--Citizens generally expressed their views openly 
on a wide range of political and social topics, including the 
revolution and the resulting political transition. After the revolution 
citizens primarily faced harassment if they directly criticized the 
SCAF or military, and many reported self-censorship on this issue. 
Before and after the revolution, citizens vigorously criticized senior 
government officials and policies in the independent press, on 
satellite television, and on social media. On May 30, a military 
prosecutor summoned blogger and activist Hossam Hamalawy and television 
show host Reem Maged for questioning regarding critical statements that 
Hamalawy made on Maged's show on the subject of military police 
torturing detained activists. The prosecutor did not file formal 
charges against Hamalawy or Maged. On May 10, Cairo University referred 
13 students for prosecution on charges of defamation after they 
organized sit-ins demanding the removal of the university president. A 
court suspended and subsequently dismissed these charges late in the 
year.

    Freedom of Press.--The independent print and broadcast media were 
active and expressed a wide range of views on political and social 
issues, with the exception of direct criticism of the SCAF or the 
military. The penal code and the press and publications law govern 
press issues. After the revolution the government licensed many new 
independent television stations and newspapers. Most of the same state-
owned media outlets continued to operate.
    The government controlled the licensing, printing, and distribution 
of newspapers, including independent papers and those of opposition 
political parties. The constitution restricts ownership of newspapers 
to public or private legal entities, corporate bodies, and political 
parties.
    The government took some formal steps to censor satellite 
television stations. On September 7, the Ministry of Information 
directed the General Investment Authority (GIA), which issues satellite 
television broadcast licenses, to stop issuing licenses and announced 
that it would close unlicensed satellite television channels and take 
legal action against those that threatened national security. On 
October 4, the GIA advised domestic satellite television stations in 
writing that they must not criticize the SCAF.
    On September 11, following coverage of the mob attack on the 
Israeli embassy, authorities forced Al Jazeera Live--which had 
broadcast in the country since February--off the air and detained one 
of the station's staff members for refusing to hand over documents. The 
authorities said that the company providing Al Jazeera Live's satellite 
uplink capability was not licensed. The head of the channel claimed the 
channel had requested authorization on March 20 and that the Ministry 
of Information assured that it could continue to operate until the 
ministry issued the license. On September 29, plainclothes police again 
raided Al Jazeera Live, confiscating a camera, a laptop computer, and 
other equipment. The station continued to broadcast at year's end.

    Violence and Harassment.--The Committee to Protect Journalists 
reported two journalists killed while covering demonstrations during 
the year. During demonstrations throughout the year, security forces 
and civilian thugs physically attacked, harassed, detained, and 
intimidated international and local journalists. During major 
demonstrations celebrating the resignation of former president Mubarak 
on February 11, a group of men beat and sexually assaulted a female CBS 
News correspondent. On November 23, security forces allegedly detained 
an Egyptian-American journalist for 12 hours, blindfolded her, and 
sexually assaulted her. On December 17, according to Human Rights 
Watch, military forces beat Hassan Shahin, an editor with the 
independent Al Badil newspaper, after he came to the aid of a woman 
stripped, beaten, and stomped on by uniformed men. Shahin reported that 
the uniformed men then attacked him with clubs, fists, and boots, 
causing bruises and abrasions to the body and face. There were no 
investigations into these incidents.
    Journalists also reported harassment outside of demonstrations. For 
example, on December 11, the media reported that television host Amr 
al-Leithi filed a complaint with the public prosecutor after he 
received death threats following reports on his show covering 
radicalism in the country.

    Censorship or Content Restrictions.--The Emergency Law authorizes 
censorship for reasons of public safety and national security. In 
September the SCAF expanded the Emergency Law to include 
``intentionally spreading false information.'' The Ministry of 
Information monitored and censored the media during the year. At 
various times during the year the SCAF or the military banned reporting 
on specific topics. For example, on March 17, the military released a 
statement calling on all media not to publish ``opinions, suggestions, 
or analysis'' during the constitutional referendum. Domestic media also 
practiced self-censorship on issues such as the military and the 
intelligence service due to fear of government reprisal.
    On September 24, the Ministry of Information halted the printing of 
independent daily newspaper Sawt Al Umma, reportedly due to either an 
article on alleged corruption within the General Intelligence Service 
or an article that violated a gag order imposed by the judge in the 
trial of former president Mubarak.
    On September 27, the editor in chief of state-owned daily newspaper 
Rose El Yousef reported that ``a sovereign body'' (a reference to the 
General Intelligence Service) objected to an article in that day's 
issue. The entire edition was withdrawn from distribution.

    Libel Laws/National Security.--Under the law an editor in chief can 
be considered criminally responsible for libel contained in any portion 
of a newspaper. According to Human Rights Watch (HRW), as of late 
November military prosecutors had summoned at least nine activists and 
journalists on charges of criminal defamation after they criticized, or 
discussed alleged abuses by, the military or SCAF. For example, on 
August 13, activist Asmaa Mahfouz received a summons to appear before 
the military prosecutor for questioning. The military prosecutor 
questioned her for more than three hours about her comments on Twitter 
and media interviews during protests on July 23 in which she criticized 
the military for failing to intervene to protect protesters. On August 
16, the state news agency reported that the prosecutor decided to refer 
Mahfouz's case to court on charges of insulting the military. The SCAF 
pardoned Mahfouz on August 18.

    Nongovernmental Impact.--Civilian thugs also attacked journalists 
and inhibited freedom of expression during the year. For example, on 
December 17, unidentified men entered the offices of independent 
outlets CBC and CBC+2, which were broadcasting images of demonstrations 
and violence by security forces against demonstrators. According to 
witness accounts obtained by HRW, the men destroyed equipment and 
threatened the staff.

    Internet Freedom.--Outside of a six-day period during late January, 
Internet communications were largely open and unrestricted, but the 
government monitored them. When protesters entered the NSS building 
after the revolution, many reportedly found copies of their own 
electronic communications and documents. Local service providers 
blocked access to Web sites if they contained material, such as child 
pornography, that is illegal under the law. The government blocked 
access to Twitter and Facebook beginning on January 25. On January 27, 
the government ordered local service providers to suspend Internet and 
cellular telephone services. The government restored all services and 
access to social networking sites on February 2. During the year the 
government prosecuted some bloggers and other individuals for the 
expression of their views online.
    On October 22, a Cairo criminal court sentenced Ayman Yousef 
Mansour to three years in prison for insulting Islam and the Prophet 
Muhammed on a Facebook page he created. Responding to alleged citizen 
complaints, the Ministry of Interior's Department for Combating 
Electronic Crimes identified Mansour as the creator of the page. He 
remained in prison at year's end.
    On December 14, a military court sentenced blogger Maikel Nabil 
Sanad to two years in prison after an appeal of his original three-year 
conviction for ``insulting the military institution and distributing 
false news that disturbs public security,'' based on his documentation 
of human rights abuses and in part on his writing against forced 
conscription. He remained in prison at year's end.

    Academic Freedom and Cultural Events.--Academic freedom increased 
after the revolution, with increased levels of discourse on subjects 
such as the role of religion in society, but self-censorship remained 
on the role of the military. Professors reported a decrease in self-
censorship and published frank assessments of the country's political 
and socioeconomic issues. When the SCAF did not ratify a cabinet 
decision to remove all incumbent university heads appointed under 
Mubarak and to hold elections to replace them, faculty at universities 
across the country organized strikes beginning October 1, the first day 
of the academic year.
    On May 18, Cairo University suspended nine students who called for 
the removal of the dean of the Faculty of Mass Communications.
    The Ministry of Culture must approve all scripts and final 
productions of plays and films. It censored foreign films to be shown 
in theaters but generally did not censor the same films sold as DVDs. 
During the year domestic plays and films addressed political and 
socioeconomic issues in a critical manner and were shown without 
interference.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The 1971 constitution and the provisional constitution 
provide for freedom of assembly, but the government restricted this 
right. During major demonstrations between January 25 and February 11, 
security forces, plainclothes police, and civilian thugs killed 
approximately 850 persons, predominantly demonstrators. In several 
cases during this period, security forces failed to prevent attacks on 
peaceful demonstrators and clashes precipitated by ``progovernment'' 
civilians. The government attempted to thwart demonstrations by 
interfering with Internet and cellular communications from January 25 
to February 2.
    Throughout the remainder of the year, security forces allowed many 
large demonstrations to proceed without interference, although 
periodically military police and CSF forces forcibly ended 
demonstrations and sit-ins, often precipitating clashes with 
demonstrators. In most such events, security forces first used large 
amounts of tear gas to attempt to disperse demonstrators, accompanied 
by rubber-coated steel bullets and firing blank rounds into the air. 
Security forces also frequently punched and kicked demonstrators, threw 
stones, and beat them with batons. Some female demonstrators reported 
being sexually assaulted or raped. On some occasions protesters 
responded by throwing stones and Molotov cocktails. Doctors, human 
rights groups, and autopsy reports indicated that many fatalities among 
demonstrators in these instances were caused by gunshots fired by 
security forces, although the government blamed ``outside elements'' 
and insisted that security forces were not equipped with live 
ammunition. On March 23, the government approved a SCAF decree 
criminalizing strikes, protests, demonstrations, and sit-ins that 
disrupt private or state-owned businesses or impede the economy; 
however, the government rarely invoked this law when explaining its 
actions to disperse demonstrations or sit-ins.
    On October 9, military police and thugs in plain clothes killed 
approximately 25 persons and wounded an estimated 330 during a 
demonstration by Coptic Christians in Cairo (see section 1.a.).
    Following a large demonstration on November 18, security forces 
attempted to forcibly disperse a small number of demonstrators camping 
overnight in Tahrir Square. According to Ministry of Health statistics, 
security forces and thugs killed approximately 45 persons and wounded 
more than 2,000 in clashes that took place over the ensuing several 
days.
    On December 16, security forces forcibly dispersed a sit-in at the 
cabinet building, leading to multiday clashes in which security forces 
and thugs killed 17 persons and injured more than 900.

    Freedom of Association.--The 1971 constitution and the provisional 
constitution provide for freedom of association, but the government 
restricted this right. The government enforced a law passed by the 
Mubarak government requiring NGOs to register with the Ministry of 
Social Solidarity (MOSS) in order to receive foreign funding but 
refused to register some organizations and delayed registering others. 
The law provides the minister of social solidarity the authority to 
dissolve NGOs by decree.
    On August 4, the Central Bank ordered banks operating in the 
country to inform it and the MOSS of any foreign transactions made by 
NGOs and charity groups and to ensure that the NGOs possessed valid 
MOSS licenses allowing them to receive funds from abroad.
    On August 8, the Ministry of Justice began an investigation into 
NGOs accused of violating the law, and on September 27, Minister of 
Justice Mohamed Abdel Aziz Al Guindy ordered the formation of a 
committee to investigate bringing criminal charges against 39 
unregistered NGOs for receiving foreign funding without a MOSS license.
    In December investigating judges summoned and questioned domestic 
and international NGO representatives and presented at least two with 
charges of working for an unregistered or illegal organization and 
accepting foreign funding without government approval.
    On December 29, officials representing the public prosecutor, 
accompanied by armed CSF personnel, raided the offices of at least 
seven local and international NGOs, temporarily detaining local and 
international staff; confiscating files, equipment, and cash; and 
sealing access to most of the offices. Upon arrival officials did not 
provide warrants, explain the reason for the search, or provide an 
inventory of the confiscated items (see section 5).

    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, albeit with some notable exceptions, including the handling 
of refugees and asylum seekers. The government provided protection for 
some recognized refugees but did not cooperate fully with the Office of 
the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in providing protection and assistance to asylum seekers 
and other persons of concern.

    In-Country Movement.--Citizens and foreigners may not travel in 
areas of the country designated as military zones.

    Foreign Travel.--Men who have not completed compulsory military 
service may not travel abroad or emigrate. Completion of military 
service is indicated on national identification cards. Married Baha'i 
and their children faced difficulties obtaining national identification 
cards because the government does not recognize Baha'i marriages as 
legitimate. As a result some Baha'i men of draft age were unable to 
establish that they had fulfilled or were exempt from military service 
and therefore were unable to obtain passports. Police officials 
reportedly forced unmarried women younger than 21 to present their 
father's written permission to obtain a passport and to travel, 
although this is not required by law.

    Exile.--The 1971 constitution and the provisional constitution 
prohibit forced exile, and the government did not use it during the 
year. A number of citizens living outside the country in self-imposed 
exile returned after the resignation of former president Mubarak.

    Protection of Refugees.--Access to Asylum.--The 1971 constitution 
and the provisional constitution provide for the protection of 
political refugees, but the country's laws do not provide for the 
granting of asylum or refugee status, and the government has not 
established a system for providing protection to refugees. The UNHRC 
has the authority to make refugee status determinations based on a 1954 
memorandum of understanding with the government. However, the 
government frequently denied UNHRC representatives access to detention 
facilities. Detained refugees, asylum seekers, and migrants were 
subject to criminal penalties and administrative detention for 
unauthorized entry or residence. They were often held in jails, 
military camps, and regular prisons with convicted criminals (see 
section 1.c.).

    Nonrefoulement.--In October authorities forcibly returned at least 
10 Eritreans to Eritrea; 62 others returned voluntarily, although human 
rights advocates reported that many voluntary returns of Eritreans were 
in fact coerced since detained Eritreans were given only two options: 
volunteer to return to Eritrea or remain indefinitely in detention. The 
government provided few with access to the UNHRC and the option of 
seeking refugee status. The circumstances surrounding another return in 
October of approximately 115-120 Eritreans were not known, because they 
were denied access to appeal mechanisms and to the UNHRC for asylum 
protection.

    Refugee Abuse.--Police shot and killed at least 13 migrants during 
the year to prevent them from entering Israel through the Sinai 
Peninsula. NGOs alleged that authorities held as many as 500 Africans 
in detention centers in Sinai at year's end. NGOs and victims reaching 
Israel alleged that Bedouin smugglers subjected migrants to extortion, 
long-term detention, rape, and torture, sometimes resulting in death. 
Smugglers demanded ransoms of up to LE 239,000 ($40,000) per person. 
Prison guards subjected African detainees to race-related beatings, and 
African refugees faced societal discrimination based on race.

    Employment.--Most refugees were not granted legal authority to work 
in the country. Those seeking unauthorized employment faced challenges 
due to both lack of jobs and discrimination against sub-Saharan 
Africans. Refugees that found work generally took low-paying jobs, and 
employers often exploited them.

    Access to Basic Services.--Refugees, in particular those from sub-
Saharan African countries, continued to face limited access to 
education, health services, and housing. Refugees did not have a legal 
right to education, health, or other social services. The UNHRC 
provided the most vulnerable refugees with modest support for refugee 
education and health care through NGOs. Some schools enrolled children 
of refugees, but most did not, citing overcrowding and lack of 
resources. Government hospitals were required by law to provide free 
medical care to refugees, but many of the hospitals refused to provide 
care on the grounds that they did not have adequate resources.

    Stateless Persons.--Citizenship is derived through a combination of 
the principles of birth within the country's territory and from one's 
parents. Stateless persons, who account for less than 1 percent of all 
registered refugees and asylum seekers (approximately 44,570 persons), 
frequently did not qualify for protection under the local refugee 
apparatus. Many stateless persons faced indefinite detention. There 
were approximately 70,000 Palestinians living in the country, an 
unknown number of whom were stateless, detained in prison, and not 
registered with the UNHRC.
    Following an announcement in May by then interior minister Eissawy, 
the government began to grant citizenship to children born of citizen 
mothers and Palestinian fathers. At year's end more than 500 persons 
had been issued passports that enabled them to legally live and work in 
the country without being detained or deported.
    Other stateless persons included the children of Eritrean fathers 
and Ethiopian mothers who lacked refugee status and were not considered 
citizens by either of their parents' countries. They received no 
monetary assistance, lacked the ability to work, and were isolated from 
other members of refugee communities.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    There continued to be limitations on citizens' rights to change 
their government peacefully during the year. Major demonstrations 
between January 25 and February 11 forced a change of government on 
February 11. On February 13, the SCAF dissolved the parliament, 
suspended the 1971 constitution, and ruled as an executive authority 
not subject to electoral approval for the remainder of the year. On 
March 30, following a March 19 referendum on amendments to eight 
articles of the 1971 constitution, the SCAF issued a provisional 
constitution. The provisional constitution provides for citizens to 
elect the 508-seat People's Assembly every five years, with 10 of the 
seats filled by presidential appointment. The provisional constitution 
also provides for two-thirds of the 180-member Shura Council--the upper 
house of parliament--to be elected and one-third to be appointed by the 
president, every six years. Under the provisional constitution, 
citizens directly elect the president, who is limited to two four-year 
terms.

    Elections and Political Participation.--Recent Elections.--On March 
19, voters participated in a constitutional referendum to approve or 
reject eight amendments to the 1971 constitution. The process generally 
was considered fair, but there were scattered reports of voter 
intimidation.
    Parliamentary elections began on November 28 and were expected to 
conclude in February 2012. On October 1, the SCAF announced that it 
would permit local and international NGOs to ``witness'' the elections 
under guidelines determined by the Higher Elections Commission. The 
SCAF's previous position as articulated on July 20 was that it would 
not allow international organizations to observe the elections, terming 
it an affront to national sovereignty. The segment of the electoral 
process completed by year's end generally was considered free from 
state interference, but local and international NGOs monitoring the 
elections noted administrative issues including delays in opening 
polling stations and inadequate supplies of indelible ink, ballot 
boxes, and ballots. There were also reports that some parties violated 
electoral regulations stipulating that no campaigning could occur 
within 48 hours of the elections or in close proximity to polling 
stations. In addition, during the electoral period (although not 
targeting election participants or locations), security forces used 
excessive force to disperse demonstrations, the government censored and 
harassed media outlets, and Ministry of Justice investigators raided 
the offices of NGOs involved in electoral monitoring and administration 
activities.

    Political Parties.--The freedom to form, legally register, and 
operate political parties improved significantly during the year. 
Before the revolution the law stipulated that party ``principles, 
targets, programs, policies, or means of practicing activities'' had to 
conform to national security and other requirements (as interpreted by 
the government). On March 28, the SCAF passed a new law that eased most 
restrictions on the legal establishment of new political parties. 
However, the law prohibits parties formed on the basis of religion, 
class, sect, profession, geography, language, or gender, and new 
parties are required to have a minimum of 5,000 members from at least 
10 provinces. Previously, new parties were required to have 1,000 
members.
    Authorities rejected one party application during the year, from 
the reportedly Shia-oriented Tahrir Party, on the grounds that the 
party was based on religious principles. The committee asked several 
parties to provide further documentation to ensure they were in 
compliance with the law. Some parties, such as Al-Wasat, had 
unsuccessfully sought to register for more than a decade under the 
previous government. Approximately 40 new parties successfully 
registered after the revolution.
    On April 16, an administrative court dissolved the former ruling 
National Democratic Party and transferred its assets to the state.

    Participation of Women and Minorities.--Religious and cultural 
barriers strongly inhibited women's political participation and 
leadership. The SCAF and political parties, among other groups, 
excluded women from the political process during the year. On July 21, 
the SCAF announced that it abolished the quota established in 2009 that 
reserved 64 People's Assembly seats for women. In late September the 
SCAF amended the election law to require at least one female candidate 
on each party list competing in the legislative elections.
    Media and NGO observer groups reported high voter turnout among 
women and Coptic Christians for the first two rounds of parliamentary 
elections that took place in November and December. Since the elections 
continued at year's end, it was unclear how many women or minorities 
would serve in parliament. At year's end the cabinet included one woman 
and two Coptic Christians. There were no women or members of religious 
minorities serving on the SCAF; women were excluded from military 
service, and non-Muslims were generally selected for retirement before 
reaching senior active-duty ranks. No women or members of religious 
minorities were among the appointed governors of the country's 27 
governorates.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, but 
the government did not consistently and effectively implement the law, 
and impunity was a problem. The Central Agency for Auditing and 
Accounting is the government's anticorruption body and submits biennial 
reports to the People's Assembly that are not available to the public. 
The auditing and accounting agency stations monitors at state-owned 
companies to report corrupt practices. Observers did not judge the 
agency to be effective.
    On September 26, the Administrative Audit Apparatus announced that 
65,855 cases of official corruption from the last several years were 
pending. Investigations had begun in 39,545 cases.
    Authorities brought many corruption cases against former senior 
government and National Democratic Party officials during the year. The 
Supreme Court trial of former president Mubarak and his sons, Alaa and 
Gamal Mubarak, began on August 1. The three were charged with 
corruption involving a land deal and the illegal sale of underpriced 
natural gas to Israel. The trial continued at year's end.
    On September 18, a court sentenced former minister of tourism 
Zoheir Garana to three years in prison for violating government decrees 
and granting illegal licenses to tourism companies.
    There are no financial disclosure laws for public officials, nor is 
there a legal framework stipulating how citizens could access 
government information. In practice the government was not generally 
responsive to requests for documents regarding government activities 
and did not provide reasons for its lack of responsiveness.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Government restrictions on local and international NGO activities, 
including raiding of some NGO offices, confiscating supplies equipment 
and money, and interference with domestic organizations' ability to 
accept foreign funding, continued to limit the ability of NGOs to carry 
out their work (see section 2.b.).
    There were many well-established, independent, domestic human 
rights NGOs operating in the country, including the Egyptian 
Organization for Human Rights, Human Rights Association for the 
Assistance of Prisoners, Arab Penal Reform Organization, Association 
for Human Rights and Legal Aid, Cairo Institute for Human Rights 
Studies, Egyptian Initiative for Personal Rights, Ibn Khaldun Center, 
Arab Center for the Independence of the Judiciary and the Legal 
Profession, Arab Network for Human Rights Information, Nadim Center for 
the Rehabilitation of Victims of Torture and Violence, Association for 
Freedom of Thought and Expression, and Egyptian Center for Women's 
Rights. Internet activists and bloggers continued to play a significant 
role in publicizing information about human rights abuses. Unregistered 
organizations generally were allowed to operate, but they did so in 
violation of the law and faced harassment along with the prospect of 
government interference or closure.
    The government exhibited an inconsistent approach to cooperating 
with human rights NGOs that generally hardened over the course of the 
year. Security services periodically harassed them but until near the 
end of the year generally did not interfere with their activities. 
Government officials, including members of the SCAF, were selectively 
cooperative and responsive to some NGOs' views. Immediately after the 
revolution, the government consulted with human rights organizations 
and attorneys, but NGOs reported that this cooperation became less 
frequent and more perfunctory as the year progressed. At year's end 
there were reports that the government was investigating hundreds of 
NGOs for conducting programs and receiving foreign funding without 
government approval. NGOs asserted that the government's process for 
approving programs they sought to implement was intentionally 
protracted and often resulted in arbitrary refusals to allow 
organizations to conduct some programs, often on subjects the 
government deemed ``political,'' such as the performance of security 
forces.
    Until raids on the offices of five international NGOs on December 
29, the government generally allowed international human rights NGOs to 
operate. Human Rights Watch maintained an office in Cairo. Other 
organizations, such as Amnesty International, made periodic visits as 
part of their regional research program and were able to work with 
domestic human rights groups. The Higher Elections Commission worked 
closely with the International Foundation for Electoral Systems to 
prepare for the elections. The government continued to categorize the 
registration of the National Democratic Institute and the International 
Republican Institute as ``pending'' but allowed them to provide 
technical assistance in support of political and civil rights. The 
government also granted them permission and badges to monitor 
parliamentary elections.

    U.N. and Other International Bodies.--The government cooperated 
with the U.N. Development Program (UNDP) and permitted visits by 
representatives examining ways to help youth in poverty. The government 
was less open to UNDP election assistance, limiting its role to 
providing technical support and training monitors. The Ministry of 
Interior cooperated with the U.N. Office on Drugs and Crime (UNODC) in 
identifying 10 greater Cairo communities for a pilot community policing 
program. It received but did not respond to UNODC proposals on prison 
reform, modernization of the criminal justice system, and enhancement 
of police oversight and accountability.

    Government Human Rights Bodies.--The NCHR monitored government 
abuses of human rights and submitted citizen complaints to the 
government. It gained credibility after the revolution by operating 
independently of the suspended Shura Council, to which it formally is 
attached, and replacing its government-appointed board of directors 
with prominent human rights activists and attorneys. However, it 
struggled with logistical challenges throughout the year. Its offices 
were damaged twice by demonstrations targeting other nearby facilities. 
The NCHR issued a fact-finding report detailing the government's 
failure to prevent and respond adequately to the September 9 attack on 
the Israeli embassy, and it also issued a fact-finding report on the 
events of October 9, when security forces violently dispersed a 
demonstration in Cairo by primarily Coptic Christians.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The provisional constitution prohibits discrimination against 
citizens on the basis of race, origin, language, religion, creed, 
disability, or social status. Equality of the sexes was included in the 
1971 constitution but not in the provisional constitution. Many aspects 
of the law discriminate against women and religious minorities, and the 
government did not effectively enforce prohibitions against such 
discrimination. On October 16, the SCAF issued a decree making it a 
crime under the penal code to discriminate on the basis of gender, 
origin, religion, language, religion, or creed.

    Women.--Rape and Domestic Violence.--The law prohibits rape, 
prescribing penalties of 15 to 25 years' imprisonment or life 
imprisonment for cases involving armed abduction. The government did 
not effectively enforce the law. Police and fear of societal reprisal 
actively discouraged women from coming to police stations to report 
crimes, resulting in a very small number of cases being investigated or 
effectively prosecuted. Spousal rape is not illegal. According to the 
Ministry of Interior, approximately 20,000 cases of rape were reported 
each year.
    Domestic violence continued to be a significant problem. An 
academic survey conducted on a random sample of 1,503 households in 
Minya, Sohag, Cairo, and Alexandria found that 81 percent of men 
believed they have the right to beat their wives and daughters. The law 
does not prohibit domestic violence or spousal abuse, but provisions 
relating to assault may be applied with accompanying penalties. 
However, the law requires that an assault victim produce multiple 
eyewitnesses, a difficult condition for domestic abuse victims, making 
prosecutions extremely rare.
    Several NGOs offered counseling, legal aid, and other services to 
women who were victims of domestic violence.

    Harmful Traditional Practices.--The law does not specifically 
address honor crimes. There were no reliable statistics regarding the 
incidence of honor crimes, but observers said such killings occurred 
during the year, particularly in rural areas. According to a report by 
the Women News Network on September 27, some women felt forced to 
terminate their pregnancy to avoid becoming an honor-crime victim.

    Sexual Harassment.--Sexual harassment remained a serious problem. 
There is no specific law criminalizing sexual harassment, but the 
government occasionally prosecuted sexual harassment under existing 
law. NGOs stated that sexual harassment was used as a tool of political 
repression by government and civilian actors and that women often felt 
unsafe peacefully protesting without male protection (see section 
2.b.). Harassmap.org, a domestic nonprofit initiative launched in 2010, 
enabled women to report where and how they had been harassed so that 
other women could avoid those areas.

    Sex Tourism.--Sex tourism existed in Cairo, Alexandria, Luxor, and 
at resort areas such as Sharm El-Sheikh and Hurghada. Most sex tourists 
came from the Persian Gulf region.

    Reproductive Rights.--The government did not restrict citizens' 
family-planning decisions, although men and women did not always have 
the information and means to make decisions free from discrimination, 
coercion, and violence. Social, cultural, and religious barriers 
restricted individuals' rights to make reproductive decisions. The 
Ministry of Family and Population was dissolved in February and became 
part of the Ministry of Health. The Ministry of Health distributed 
contraception and provided personnel to attend births, postpartum care 
to mothers and children, and treatment for sexually transmitted 
diseases at no cost. According to U.N. estimates, 79 percent of births 
were attended by skilled health personnel and 58 percent of women ages 
15-49 used a modern method of contraception. NGOs reported that 
government family planning information and services were not adequate 
to meet the needs of the entire population, particularly outside of 
large urban areas. For example, NGOs expressed concern over lack of 
access to reproductive information and services for adolescent girls in 
rural areas.

    Discrimination.--NGOs reported an increasingly challenging 
environment for women during the year. The National Council for Women 
was inactive, and the Suzanne Mubarak Center disbanded following the 
revolution. On September 11, a representative of the Association of 
Egyptian Female Lawyers said, ``There is no women's agenda now,'' 
adding, ``Women take no part in decisions of national importance.''
    Aspects of the law and traditional practices continued to 
discriminate against women. Laws affecting marriage and personal status 
generally corresponded to an individual's religion. For example, a 
female Muslim citizen may not marry a non-Muslim man without risking 
arrest and conviction for apostasy; under the government's 
interpretation of Sharia, any children from such a marriage could be 
placed in the custody of a male Muslim guardian. ``Khula'' divorce 
allows a Muslim woman to obtain a divorce without her husband's 
consent, provided she is willing to forego all her financial rights, 
including alimony, dowry, and other benefits. The Coptic Orthodox 
Church permits divorce only in specific circumstances, such as adultery 
or conversion of one spouse to another religion. A Muslim female heir 
receives half the amount of a male heir's inheritance, and Christian 
widows of Muslims have no inheritance rights. A sole Muslim female heir 
receives half her parents' estate, with the balance going to the 
siblings of the parents or to the children of the siblings if the 
siblings are deceased. A sole male heir--because he is expected to 
provide for his female relatives--inherits his parents' entire estate. 
A woman's testimony is equal to that of a man in courts dealing with 
all matters except for personal status, such as marriage and divorce, 
where an adult male relative or representative often will testify on a 
woman's behalf. In marriage and divorce cases, a woman's testimony must 
be judged credible to be admissible. Usually this is accomplished by 
having her convey her testimony through an adult male relative or 
representative. A man's testimony is assumed credible unless proven 
otherwise.
    The law made it difficult for women to access formal credit. While 
women were allowed to own property, social and religious barriers 
strongly discouraged women's ownership of land.
    Women faced extensive discrimination in the labor force. Labor laws 
provided for equal rates of pay for equal work for men and women in the 
public sector, although pay was not always equal in practice. NGOs 
reported that working women earned approximately 77 percent less than 
men. Educated women had employment opportunities, but social pressure 
against women pursuing a career was strong. Women's rights advocates 
claimed that Islamist influence and other traditional and cultural 
attitudes and practices inhibited further gains. Women were excluded 
from high-level positions in large sectors of the economy controlled by 
the military, since women did not serve in the military and thus were 
not given access to these jobs. The government reported in May that 
women were five times more likely to be unemployed than men. More than 
half of female university graduates were unemployed. The Ministry of 
Social Solidarity operated more than 150 family counseling bureaus 
nationwide to provide legal and medical services to unemployed women 
who are unmarried or do not reside with their husband or family.

    Children.--Birth Registration.--Citizenship is derived through a 
combination of the principles of birth within the country's territory 
and from one's parents. The government attempted to register all births 
but faced resistance from citizens in remote and tribal areas, such as 
the Sinai. The government cooperated with NGOs in addressing this 
problem. In some cases failure to register resulted in denial of public 
services, particularly in urban areas where most services required 
presentation of a national identification card.

    Education.--Education is compulsory, free, and universal until the 
ninth grade. The law provides this benefit to stateless persons and 
refugees, but in practice they were often excluded from public 
education.

    Child Abuse.--An academic survey conducted on a random sample of 
1,503 households in Minya, Sohag, Cairo, and Alexandria found that 50 
percent of women reported having been physically abused at a young age, 
with 93 percent of them suffering abuse from their parents. The survey 
also found that 81 percent of men believed they have the right to beat 
their daughters. After the revolution there were no effective 
government institutions dedicated to addressing these subjects.

    Female Genital Mutilation (FGM).--FGM is illegal, but it remained a 
problem. The law criminalizes FGM, except in cases of medical 
necessity, with penalties of three months to two years in prison or a 
fine of approximately LE 5,000 ($829). Enforcement generally declined 
during the year because some organizations working on the issue were no 
longer active after the revolution. On September 28, two girls in 
Fayoum were hospitalized after experiencing massive blood loss 
following FGM procedures performed on them by a traditional birth 
attendant (daya). According to the most recent government statistics, 
the government received approximately 5,000 reports of FGM cases from 
citizens between 2005 and 2009. In 2008 the minister of population and 
families stated publicly that FGM rates in Upper Egypt were 65 percent 
but did not exceed 9 percent in northern governorates.

    Child Marriage.--The legal age of marriage is 18. According to 
UNICEF, 17 percent of children were or had been married. As a result of 
postrevolution economic hardships, the incidence of child marriage 
increased slightly. Enforcement declined slightly due to a general 
decline in law enforcement capacity after the revolution. The media 
reported that some child marriages were temporary marriages intended to 
mask prostitution. Victims sometimes were encouraged by their families 
to marry wealthy men from the Persian Gulf region in what are known 
locally as transactional or ``summer'' marriages.

    Sexual Exploitation of Children.--The law provides specific 
penalties for commercial sexual exploitation of children and child 
pornography. The minimum age of consensual sex is 18. According to NGO 
and media reports, the number of street children in Cairo increased 
after the January revolution, and these children were at risk of being 
sexually exploited.

    Displaced Children.--According to the National Center for Social 
and Criminological Studies, there were three million street children 
across the country. The Ministry of Social Solidarity offered shelters 
for street children, but many chose not to seek refuge in them because 
they closed at night, forcing the children back onto the streets. 
Religious institutions and NGOs like the Nour al-Hayat Child Welfare 
Association provided services for street children, including meals, 
clothing, and literacy classes. The Ministry of Health offered mobile 
health clinics staffed by nurses and social workers.

    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.--Anti-Israel sentiment was widespread. In the state-
owned and private media, it sometimes included anti-Semitic rhetoric 
and Holocaust denial or glorification. Editorial cartoons and articles 
depicting demonic images of Jews and Israeli leaders, stereotypical 
images of Jews along with Jewish symbols, and comparisons of Israeli 
leaders with Hitler and the Nazis were published throughout the year, 
particularly after the August 18 deaths of five Egyptian soldiers in 
Sinai during an Israeli operation against terrorist attackers. The SCAF 
advised journalists and cartoonists to avoid anti-Semitism but claimed 
that some inflammatory statements in the media were a ``legitimate'' 
reaction to alleged Israeli efforts to destabilize Egypt as well as to 
Israeli government actions against Palestinians. There were reports of 
imams using anti-Semitic rhetoric in their sermons. There were no 
reports of anti-Semitic violence directed toward Jews living in Egypt.
    The Israeli embassy was the scene of several demonstrations 
featuring anti-Semitic slogans. A wall erected around it by the 
government in early September was quickly covered in anti-Semitic 
graffiti, including swastikas.
    In September squatters occupied part of Cairo's 800-year-old 
Bassatine Jewish cemetery and destroyed some headstones and monuments. 
The government evicted them after complaints.

    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 that all businesses 
must designate 5 percent of their positions for persons with physical 
or mental disabilities, but activist groups reported that this 
provision was not enforced. There are no laws prohibiting 
discrimination against persons with disabilities in education, access 
to health care, or the provision of other state services, nor are there 
laws mandating access to buildings or transportation. Widespread 
societal discrimination continued against persons with disabilities, 
particularly mental disabilities, resulting in a lack of acceptance 
into mainstream society. Government-operated treatment centers for 
persons with disabilities, especially children, were poor.
    On March 3, approximately 200 persons with disabilities protested 
in Cairo, calling for better protection of their rights. On October 31, 
12 persons with disabilities threatened to set themselves on fire near 
the cabinet building in order to draw attention to the lack of 
employment opportunities available to them.
    The Ministries of Education and Social Solidarity shared 
responsibility for protecting the rights of persons with disabilities. 
There was a Supreme Council for Disabilities within the Ministry of 
Social Solidarity, but activists reported it was inactive. Persons with 
disabilities rode government-owned mass transit buses free of charge 
and received special subsidies to purchase household products, 
wheelchairs, and prosthetic devices. Persons with disabilities also 
received expeditious approval for the installation of new telephone 
lines and received reductions on customs duties for specially equipped 
private vehicles. The government also worked closely with U.N. agencies 
and other international aid donors to design job-training programs for 
persons with disabilities.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law does not explicitly 
criminalize consensual same-sex sexual activity, but it allows police 
to arrest lesbian, gay, bisexual, and transgender (LGBT) persons on 
charges of ``debauchery.'' Gay men and lesbians faced significant 
social stigma in society and in the workplace, impeding their ability 
to organize or publicly advocate on behalf of the LGBT community.

    Other Societal Violence or Discrimination.--HIV-positive 
individuals faced significant social stigma in society and the 
workplace. The National AIDS Program in the Ministry of Health 
conducted public awareness campaigns to educate people on HIV 
prevention and transmission.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for the right to freedom of association, 
although the legal status of independent labor remained unsettled. The 
Mubarak-era Trade Union Act of 1976 remains on the books but is neither 
legally recognized nor actively applied by the government. The Ministry 
of Manpower and Migration issued a decree on March 12 recognizing 
complete freedom of association and stating that the Trade Union Act is 
illegal because it conflicts with the country's International Labor 
Organization (ILO) commitments.
    Some employers claimed the Trade Union Act still applied despite 
the ministerial decree. It placed significant restrictions on the right 
to organize (including a requirement that all unions affiliate with the 
government-dominated Egyptian Trade Union Federation--ETUF), legal 
strikes, and collective bargaining.
    The Unified Labor Law of 2003 (the labor code) permits peaceful 
strikes but imposes significant restrictions, including prior approval 
by a general trade union affiliated with the ETUF. The labor code also 
does not extend protections to domestic servants or some agricultural 
laborers. In addition, on March 23, the SCAF approved a cabinet decree 
criminalizing strikes, protests, demonstrations, and sit-ins that 
disrupt private or state-owned businesses or impede the economy.
    The law provides for collective bargaining but imposes significant 
restrictions. The scope of collective bargaining is substantially 
limited by the fact that the government sets wages and benefits for all 
public sector and government employees. The Ministry of Manpower and 
Migration also legally oversees and monitors collective negotiations 
and agreements in the private sector.
    Although the Trade Union Act remains formally in place, on March 
12, the Minister of Manpower and Migration issued a declaration 
recognizing complete freedom of association. The minister held that the 
country's ratification of ILO and U.N. Human Rights Council conventions 
superseded existing domestic laws that limited freedom of association. 
According to the decree, unions were no longer required to join one of 
the 23 officially recognized industrial federations that were part of 
ETUF.
    In practice workers' ability to exercise freedom of association and 
the right to collective bargaining improved over previous years. 
Following the March 12 declaration, the Ministry of Manpower and 
Migration removed most administrative and practical restrictions placed 
on worker organizations under the former regime.
    As of October 23, according to the ministry, 211 new trade unions 
had registered without interference. NGOs reported that hundreds more 
worker organizations formed but had not sought to register by year's 
end. On January 30, the Egyptian Federation of Independent Trade Unions 
(EFITU) declared itself the country's first independent labor 
federation. A second independent federation, the Egyptian Democratic 
Labor Congress, was launched in October. The two independent 
federations each represented hundreds of thousands of workers by year's 
end.
    While new worker organizations were generally independent of 
government and political parties, ETUF, previously the country's only 
trade union federation, was not. The government halted direct financial 
support for ETUF by midyear but continued to permit ETUF to 
automatically deduct dues from workers' salaries. However, it remained 
difficult or impossible for workers to disassociate themselves from the 
formerly state-affiliated ETUF unions, which continued to control 
worker certifications and retirement and social security funds for as 
many as five million workers.
    On August 4, the cabinet approved a recommendation by the Manpower 
Ministry to dissolve the board of ETUF. The minister designated a 
provisional board to serve until general elections, initially scheduled 
for late 2011 but then delayed by the government until summer 2012. 
However, in December the old ETUF board and the heads of ETUF's 
subsidiary unions unilaterally decided to extend their own mandates and 
governance of ETUF, effectively sidelining the caretaker board.
    Beginning in late January and continuing throughout the year, the 
country witnessed the highest number of worker strikes and other worker 
actions in its modern history. Thousands of worker actions (strikes, 
protests, sit-ins) took place, the majority in the government and 
public sectors. The government invoked the March 23 antistrike decree 
to end strikes and arrest labor organizers in the petroleum, maritime, 
postal service, and other sectors. NGOs claimed that hired thugs and 
security forces dispersed some strikes.
    There were NGO and media reports that employers practiced antiunion 
discrimination, particularly against organizers of new independent 
unions, and that enforcement efforts were ineffective. Government 
enforcement of violations was minimal in part because of a confusing 
legal environment: the March 12 declaration recognized freedom of 
association and stated that the Trade Union Act is illegal; however, 
the previous law remained on the books, and ETUF and some employers 
still treated it as applicable. Some employers asserted they were not 
legally obligated to recognize new unions as the March decree on 
freedom of association was not codified into law.
    Labor organizers remained subject to harassment, arrest, and 
arbitrary dismissal. A number of striking workers were tried in 
military courts, following a broad pattern that applied to other 
``crimes'' following the revolution, where they received prison 
sentences and fines. Unidentified armed men kidnapped a leading 
organizer of doctors' strikes and held him for three days in October 
during doctors' syndicate elections for which he was a candidate. The 
kidnappers questioned him extensively about efforts to organize strikes 
and protests before releasing him unharmed. The EFITU and labor NGOs 
reported cases of worker organizers being fired from their jobs for 
starting new unions. Reinstatements for workers fired for union 
activity were uncommon.
    In practice the requirement for tripartite negotiations seldom was 
followed, and workers negotiated directly with employers. When the 
government did become involved, it most often was for dispute 
resolution rather than for genuine collective bargaining. The Manpower 
Ministry reported receiving 4,460 individual and group complaints from 
workers during the year, and it claimed it assisted in resolving 94 
group disputes through collective negotiations between workers and 
management.

    b. Prohibition of Forced or Compulsory Labor.--The 1971 
constitution, the provisional constitution, and the law prohibit forced 
or compulsory labor. Reports of forced labor were relatively rare and 
tended to involve migrant workers and children. There were reports of 
cases of foreign female workers in domestic service held in conditions 
of forced labor.
    See also 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 Law sets the minimum age for regular employment at 15, and at age 
12 for seasonal employment. The labor code bars children under age 18 
from 44 specific hazardous occupations, while the Child Law prohibits 
employment of children (all under 18) from any work that ``puts the 
health, safety, or morals of the child into danger.'' Provincial 
governors, with the approval of the minister of education, may 
authorize seasonal work (often agricultural) for children who are 12 or 
older, provided that duties are not hazardous and do not interfere with 
schooling. The labor code and Child Law limit working children's hours 
and mandate breaks. However, the labor code explicitly excludes 
domestic work, work in family businesses, and children working in 
agriculture from minimum age and other restrictions.
    The Ministry of Manpower and Migration, in coordination with the 
National Council for Childhood and Motherhood (NCCM) and the Ministry 
of Interior, enforced child labor laws in state-owned enterprises and 
private sector establishments through inspections and supervision of 
factory management. The government did not inspect for child labor in 
noncommercial farms, and there were no monitoring or enforcement 
mechanisms for children in domestic service. The government did not 
effectively enforce child labor laws in the informal sector, and child 
labor in the informal sector remained prevalent. As a result of limited 
and inconsistent funding for training and enforcement, labor inspectors 
generally operated without specific training on child labor issues and 
performed these inspections as part of their other duties. Training 
programs varied in quality by governorate. When offenders were 
prosecuted, the fines imposed were often as low as LE 500 ($83) and 
thus had questionable deterrent effect.
    During the year the Manpower Ministry institutionalized a child 
labor monitoring system database at the national level, and provided 
training for both the technology support staff and the child labor unit 
staff. In July the government estimated that 1.6 million children, just 
under 10 percent of the total population of children, were engaged in 
labor. The majority of child labor occurred in agriculture and domestic 
work, although children also worked in light industry, on construction 
sites, and in service businesses such as auto repair shops. According 
to government, NGO, and media reports, the number of street children in 
Cairo increased after the revolution; such children were at greater 
risk of sexual exploitation or forced begging. In some cases employers 
abused, overworked, and generally endangered working children.
    The government continued to implement a number of social, 
educational, and poverty reduction programs to reduce children's 
vulnerability to exploitive labor. The NCCM sought to provide working 
children with social security safeguards and to reduce school dropout 
rates by providing families with alternative sources of income.
    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 Council of Wages 
established an LE 700 ($120) monthly minimum wage for public sector 
workers. At least initially, the minimum wage applied only to direct 
government employees and used existing benefits and bonuses to 
calculate the total salary. Most government workers, therefore, already 
earned a total above the minimum wage. The government initiated a 15 
percent wage hike designed to lift those below the threshold above the 
LE 700 level.
    According to Central Agency for Public Mobilization and Statistics 
figures, from July 2010 to June 2011, the poverty line was LE 256 ($41) 
per person, per month. The agency defined ``extreme poverty'' as less 
than LE 171.50 ($28) per month.
    Although the wage council determined working hours for government 
and public sector employees, there were no standards for the private 
sector. The law stipulates that the maximum workweek is 48 hours. The 
law provides for premium pay for overtime and work on rest days and 
national holidays. Most private sector employees worked five days per 
week, usually Sunday through Thursday.
    The law prohibits excessive compulsory overtime, but the government 
enforced these prohibitions only in the public sector, and it did so 
selectively.
    The Ministry of Manpower and Migration sets and enforces worker 
health and safety standards; however, enforcement and inspections were 
uneven. The law prohibits employers from maintaining hazardous working 
conditions, and workers have the right to remove themselves from 
hazardous conditions without risking loss of employment. Agricultural 
and fisheries workers were not covered by working conditions standards, 
and there was no attempt to apply these standards to the informal 
sector.
    Many private and informal sector workers throughout the country, 
including in special economic zones, faced poor working conditions. 
Domestic workers were not covered by labor laws, making them vulnerable 
to abuse and forced labor. There were reports of employer abuse of 
citizen and undocumented foreign workers, especially domestic workers.

                               __________

                                  IRAN

                           EXECUTIVE SUMMARY
    The Islamic Republic of Iran\1\ is a constitutional, theocratic 
republic in which Shia Muslim clergy and political leaders vetted by 
the clergy dominate the key power structures. Government legitimacy is 
based on the twin pillars of popular sovereignty--albeit restricted--
and the rule of the supreme leader of the Islamic Revolution. The 
current supreme leader, Ayatollah Ali Khamenei, was chosen by a 
directly elected body of religious leaders, the Assembly of Experts, in 
1989. Khamenei's writ dominates the legislative, executive, and 
judicial branches of government. He directly controls the armed forces 
and indirectly controls internal security forces, the judiciary, and 
other key institutions. The legislative branch is the popularly elected 
290-seat Islamic Consultative Assembly, or Majlis. The unelected 12-
member Guardian Council reviews all legislation the Majlis passes to 
ensure adherence to Islamic and constitutional principles; it also 
screens presidential and Majlis candidates for eligibility. Mahmoud 
Ahmadinejad was reelected president in June 2009 in a multiparty 
election that was generally considered neither free nor fair. There 
were numerous instances in which elements of the security forces acted 
independently of civilian control.
---------------------------------------------------------------------------
    \1\ Note: The United States does not have an embassy in Iran. This 
report draws heavily on non-U.S. government sources.
---------------------------------------------------------------------------
    Demonstrations by opposition groups, university students, and 
others increased during the first few months of the year, inspired in 
part by events of the Arab Spring. In February hundreds of protesters 
throughout the country staged rallies to show solidarity with 
protesters in Tunisia and Egypt. The government responded harshly to 
protesters and critics, arresting, torturing, and prosecuting them for 
their dissent. As part of its crackdown, the government increased its 
oppression of media and the arts, arresting and imprisoning dozens of 
journalists, bloggers, poets, actors, filmmakers, and artists 
throughout the year. The government's suppression and intimidation of 
voices of opposition continued at a rapid pace at year's end.
    The most egregious human rights problems were the government's 
severe limitations on citizens' right to peacefully change their 
government through free and fair elections, restrictions on civil 
liberties, and disregard for the sanctity of life through the 
government's use of arbitrary detention, torture, and deprivation of 
life without due process. The government severely restricted freedoms 
of speech and the press (including via the Internet), assembly, 
association, movement, and religion. The government committed 
extrajudicial killings and executed persons for criminal convictions as 
juveniles, on minor offenses, and after unfair trials, sometimes in 
public or group executions. Security forces under the government's 
control committed acts of politically motivated violence and 
repression, including torture, beatings, and rape. The government 
administered severe officially sanctioned punishments, including 
amputation and flogging. Security forces arbitrarily arrested and 
detained individuals, often holding them incommunicado.
    Other human rights abuses included acts of violence by vigilante 
groups with ties to the government, such as the Basij militia. Prison 
conditions remained poor, and several prisoners died during the year as 
a result. There were few examples of judicial independence or fair 
public trials. Authorities held numerous political prisoners and 
continued to crack down on women's rights activists, ethnic minority 
rights activists, student activists, religious minorities, and 
environmental activists. The government severely restricted the right 
to privacy. Authorities denied admission to or expelled hundreds of 
university students whose views were deemed unacceptable by the regime; 
professors faced expulsion on similar grounds. Official corruption and 
a lack of government transparency persisted. Violence and legal and 
societal discrimination against women, children, ethnic and religious 
minorities, and lesbian, gay, bisexual, and transgender (LGBT) persons 
were extant. Incitement to anti-Semitism and trafficking in persons 
remained problems. The government severely restricted workers' rights 
and arrested numerous union leaders as the number of protests increased 
during the year. Child labor remained a serious problem.
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 multiple acts of arbitrary 
or unlawful killings, including those caused by torture, denial of 
medical treatment, and beatings (see also section 1.e., Political 
Prisoners and Detainees). The government made only limited attempts to 
investigate cases, if at all. There were several extrajudicial killings 
by government Basij forces surrounding the February protests in support 
of the Arab Spring uprisings. Basij forces reportedly killed protesters 
during rallies and while pursuing protesters after they had dispersed.
    On February 14, security forces killed two university students, 
Saneh Jaleh and Mohammad Mokhtari, during a rally in Tehran to 
demonstrate solidarity with antigovernment protesters in Tunisia and 
Egypt. According to press reports, both were shot by men on 
motorcycles, which friends indicated was a hallmark of the Basij. 
Progovernment news sources contended that Jaleh and Mokhtari were both 
members of the Basij and were killed by the terrorist group Mujahedin-e 
Khalq (MEK). Friends and relatives of Jaleh and Mokhtari denied the 
accusations.
    On March 15, Basij forces in Tehran shot and killed university 
student Behnoud Ramezani. According to news reports and nongovernmental 
organizations (NGOs), two initial forensic reports described the cause 
of death as ``multiple blows to the head by a hard object.'' The final 
cause of death was announced as a result of the ``explosion of a hand 
grenade.'' An eyewitness who provided his account to the opposition 
news site Daneshjoo stated that Basij forces hit Ramezani with an 
``electric shocker.'' The witness reported that Ramezani's neck and 
hand were broken and his right thigh was crushed.
    On August 25, the opposition Web site Roozonline published an 
interview with Behrang Soudbakhsh, the son of Abdolreza Soudbakhsh, a 
doctor killed in 2009 after examining rape victims at Kahrizak Prison. 
This was the first time that the family came forward about the killing 
due to fear of reprisals from authorities. According to the son, the 
elder Soudbakhsh was under pressure to remain silent about those who 
died under torture and was shot by men on a motorcycle as he left his 
office. The son stated that authorities told his father to report that 
the victims of Kahrizak had meningitis, even though he had concluded 
they died as a result of torture. Behrang claimed his father was 
planning to leave the country the night of his death and suggested he 
was killed to prevent him from revealing more information. The elder 
Soudbakhsh had given an interview to Deutsche Welle's Persian network a 
few weeks before his death in which he mentioned the rapes. At the time 
of his death, officials denied Soudbakhsh's killing had anything to do 
with his knowledge of events at Kahrizak.
    There were developments in one case from a previous year. On 
February 6, according to the online legal news site The Jurist, the 
government executed two unidentified men convicted of torturing and 
killing three university students and protesters--Amir Javadifar, 
Mohammed Kamrani, and Mohsen Rouhalamini--at Kahrizak Prison in 2009. A 
criminal case against former Tehran prosecutor general Saeed Mortazavi 
for his involvement was reportedly continuing at year's end, although 
Mortazavi announced on July 18 that he had effectively been acquitted 
of all charges, explaining that the Civil Servants Court had decided 
not to prosecute him. Legal claims filed against Mortazavi by the 
families of those killed also remained pending. During the year 
Mortazavi continued to serve as the head of the governmental 
antismuggling task force.
    According to the Iran Human Rights Documentation Center (IHRDC), 
the government executed 659 persons during the year, many after trials 
that were conducted in secret or did not adhere to basic principles of 
due process. Some observers noted a figure as low as 277, while other 
credible NGOs reported the number of executions, including those 
conducted in secret, was more than 700. The U.N. special rapporteur for 
human rights in Iran noted in his October report that at least 83 
persons, including three political prisoners, were known to have been 
executed in January alone. Human rights activists reported that the 
government executed an average of two persons a day during the first 
six months of the year. Authorities did not release statistics on the 
implementation of death sentences, the names of those executed, or the 
crimes for which they were found guilty. Exiles and human rights 
monitors alleged that many persons supposedly executed for criminal 
offenses such as narcotics trafficking were actually political 
dissidents. Executions for drug convictions constituted the majority of 
capital punishment cases in the country. The law criminalizes dissent 
and also applies the death penalty to offenses such as ``attempts 
against the security of the state,'' ``outrage against high-ranking 
officials,'' ``enmity towards god'' (moharebeh), and ``insults against 
the memory of Imam Khomeini and against the supreme leader of the 
Islamic Republic.''
    While the law does not explicitly stipulate the death penalty for 
the offense of apostasy, courts have administered such punishment based 
on their interpretation of religious fatwas. In September 2010 a lower 
court convicted Christian pastor Youcef Nadarkhani of ``apostasy'' and 
issued a death sentence. The case was under Supreme Court review at 
year's end. According to Philip Alston, the U.N. special rapporteur on 
extrajudicial, summary, or arbitrary executions, moharebeh is ``imposed 
for a wide range of crimes, often fairly ill defined and generally 
having some sort of political nature.'' The October report of the U.N. 
secretary-general on the human rights situation in the country stated 
that more than 20 persons charged with moharebeh were executed during 
the year. In a June 22 interview with the semiofficial Iranian Student 
News Agency (ISNA), Mashad prosecutor Mahmoud Zoghi confirmed the 
``high number of unannounced executions'' carried out in Vakilabad 
between March and May.
    On January 24, the government executed Kurdish political prisoners 
Jafar Kazemi, an editor and publisher of academic books at Amir Kabir 
University and 2009 election protester, and Mohammad Ali Haj Aghaie, 
also an election protester, after they reportedly refused to give 
televised confessions on January 17 in Evin Prison. The two were 
convicted of moharebeh for participating in the 2009 protests as well 
as chanting slogans and distributing banners for the MEK. Authorities 
reportedly did not inform Kazemi's wife or lawyer prior to the 
execution. Authorities reportedly tortured the prisoners physically and 
psychologically. Their interrogators allegedly threatened to arrest his 
wife and children if they did not confess. According to their lawyer, 
the government failed to provide access to the case files during the 
trial. Aghaie was a long-standing political activist who had been 
previously convicted for his participation in the 1980s government 
opposition.
    On January 29, authorities executed Zahra Bahrami, an Iranian-Dutch 
citizen. Bahrami was hanged on reportedly trumped-up charges of drug 
smuggling after being arrested during the 2009 Ashura protests. Bahrami 
was also charged with moharebeh, ``acting against national security,'' 
and ``propaganda against the establishment,'' but she was not tried on 
these charges. The government denied Bahrami access to Dutch consular 
officials. According to the International Campaign for Human Rights in 
Iran (ICHRI), her lawyer was not informed of the execution until after 
it had occurred.
    During the year the government practiced public executions and 
group executions.
    Public hangings using cranes or off of overpasses in the presence 
of onlooking crowds were common practice throughout the year. Amnesty 
International (AI) reported that authorities acknowledged public 
executions of at least 28 persons during the first six months of the 
year. The U.N. special rapporteur on human rights in Iran noted the 
release of video footage of the public executions of three persons 
convicted of kidnapping and rape in Azadi Square of Kermanshah on July 
19. Footage showed a large crowd in attendance, including children.
    According to the ICHRI, authorities conducted group executions at 
several prisons throughout the country, including Vakilabad, Birjand, 
Taybad, Karoon, Ghezel Hessar, Urmiya, and Qom, among others. The ICHRI 
reported that officials at Vakilabad Prison carried out group 
executions on at least 10 occasions, putting to death at least 118 
persons. All those executed had been charged with drug-related crimes. 
According to ICHRI sources, group executions inside Vakilabad were 
carried out by hanging in a roofless hallway leading to the prison's 
visitation hall. The executions were secret, without the knowledge or 
presence of the prisoners' lawyers or families. Sources also stated 
that group death sentences of this nature were usually issued at the 
end of unfair trials that often lasted only minutes.
    The government reportedly executed at least four persons for crimes 
committed when they were minors. For example, on May 5, according to 
AI, the government executed 16-year-old Hashem Hamidi, a member of the 
Ahvazi Arab minority, along with four men in Karoun Prison in Ahvaz. 
Ahvazi Arab sources said the men were arrested after participating in 
demonstrations on April 15, but the charges against them were not 
known. Hamidi's trial, in the absence of his lawyer, reportedly took 
only 10 minutes. The U.N. secretary-general noted in his September 
report that more than 100 juveniles were on death row in the country.
    Adultery remained punishable by death by stoning, but there were no 
reported executions by stoning during the year. The law provides that a 
victim of stoning is allowed to go free if he or she escapes. It is 
much more difficult for women to escape as they are buried to their 
necks whereas men are buried only to their waists. According to AI, 
death sentences by stoning continued to be passed, but no stonings were 
known to be carried out. AI reported that at least 15 prisoners, mostly 
women, remained at risk of stoning.
    Iranian forces regularly bombarded areas along the Iran-Iraq 
Kurdish border, targeting purported terrorist activities. The Iranian 
shelling resulted in civilian casualties. For example, on July 28, 
shelling near the town of Sidakan killed a 13-year-old boy. State media 
rarely provided reporting or figures on the number killed or injured.

    b. Disappearance.--There were reports of politically motivated 
abductions during the year. Plainclothes officers or security officials 
often seized journalists and activists without warning, and government 
officials refused to acknowledge the disappearance or provide any 
information as to the fate or whereabouts of those taken. In other 
cases authorities detained individuals incommunicado for several days 
or longer before permitting them to contact family members (see section 
1.d.). Families of executed prisoners did not always receive 
notification of their deaths (see section 1.a.).
    On June 29, according to a Human Rights Activists News Agency 
(HRANA) report, Green Movement activist Mohsen Kashefzadeh Saraie 
disappeared. Intelligence Ministry officials reportedly summoned 
Kashefzadeh over the phone for questioning two days prior to his 
disappearance. He did not turn himself in as requested and disappeared 
two days later. Authorities refused to disclose any information on 
Kashefzadeh's whereabouts, despite requests from his family, and at 
year's end his fate was unknown.
    On July 31, according to Human Rights Watch (HRW), plainclothes 
security forces arrested prominent rights activist and blogger Kouhyar 
Goudarzi, along with his friends Behnam Ganji and Nahal Sahabi, at 
Ganji's home. Authorities reportedly took Goudarzi to an undisclosed 
location and later transferred him to Evin Prison, where his friends 
were being held, but refused to acknowledge his arrest or detention. 
Friends and family requested information from the Tehran Prosecutor's 
Office but were told there was no file regarding Goudarzi's case. Ganji 
and Sahabi were released four weeks after their arrest and shared the 
details of their arrest and detention with their families and in an 
interview with the ICHRI. Both committed suicide shortly after their 
release, reportedly due to the trauma they suffered in detention. 
Security forces had arrested Goudarzi several times since 2006. In June 
2010 Branch 26 of the Revolutionary Court convicted him of ``propaganda 
against the regime'' and other security-related offenses, sentencing 
him to one year in prison, which he completed. Despite this, Goudarzi 
remained in prison at year's end.
    There were a few developments in cases from previous years.
    On September 5, according to AI, authorities reportedly released 
Sourena Hashemi, who had been arrested with Alireza Firouzi for their 
role in exposing the sexual abuse of a fellow student at Zanjan 
University in 2008. Their January 2010 arrest was not officially 
acknowledged for more than six weeks. Firouzi reportedly remained in 
prison at year's end.
    On September 13, authorities reportedly released Fayzolah 
Arabsorki, a former deputy minister of commerce, from prison. According 
to the opposition Web site Kaleme.com, prison authorities presented him 
with release papers and then summoned him back to prison four days 
later to complete his sentence.
    In 2009 unidentified persons arrested Arabsorki, a member of the 
central body of the reformist Islamic Revolution Mujahedin 
Organization, without presenting a warrant or identifying themselves as 
police. Arabsorki reappeared in 2010 at Evin Prison. On May 26, he and 
25 other prominent political prisoners wrote a letter to the chairman 
of the governmental Central Board for the Sound Implementation of the 
Law Regarding the Respect for Contingent Freedoms and Protecting 
Citizen Rights. The letter called for an investigation into the human 
rights abuses they and other prisoners had endured in prison. The 
government initiated no known investigation.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit torture, but there were 
numerous credible reports that security forces and prison personnel 
tortured and abused detainees and prisoners. There were no credible 
reports of government investigations into reports of torture or cruel, 
inhuman, or degrading treatment or punishment. The government 
repeatedly defended its use of flogging and amputation as 
``punishment,'' not torture. On March 1, the U.N. special rapporteur on 
torture and other cruel, inhuman, or degrading treatment or punishment 
noted with concern the various commonly applied methods of 
mistreatment, including beatings, stress positions, the denial of 
medical attention, and prolonged solitary confinement. He noted that 
such mistreatment affected mainly human rights defenders, journalists, 
social activists, political activists, religious groups, and 
individuals associated with various minority groups, including members 
of the LGBT community. On October 18, members of the U.N. Human Rights 
Council (UNHRC) criticized the government for the use of inhuman 
punishments such as flogging.
    Common methods of torture and abuse in prisons included prolonged 
solitary confinement with extreme sensory deprivation (sometimes called 
``white torture"), beatings, rape and sexual humiliation, long 
confinement in contorted positions, kicking detainees with military 
boots, hanging detainees by the arms and legs, threats of execution, 
burning with cigarettes, being forced to eat feces, pulling out 
toenails, sleep deprivation, and severe and repeated beatings with 
cables or other instruments on the back and on the soles of the feet. 
To intensify abuse perpetrators reportedly soaked prisoners before 
beating them with electric cables, and there were some reports of 
electric shocks to sexual organs. Prisoners also reported beatings on 
the ears, inducing partial or complete deafness; blows in the area 
around the eyes, leading to partial or complete blindness; and the use 
of poison to induce illness. There were increasing reports of severe 
overcrowding in many prisons and repeated denials of medical care for 
prisoners.
    Some prison facilities, including Evin Prison in Tehran, were 
notorious for cruel and prolonged torture of political opponents of the 
government. Authorities also maintained unofficial secret prisons and 
detention centers outside the national prison system where abuse 
reportedly occurred. The government reportedly used ``white torture'' 
especially on political prisoners, often in detention centers outside 
the control of prison authorities, including Section 209 of Evin 
Prison, which was reportedly under the control of the intelligence 
services, according to news sources.
    On September 3, according to AI and the U.N. special rapporteur for 
human rights in Iran, plainclothes officers arrested activist, 
journalist, and member of the Azeri minority, Faranak Farid, while she 
was shopping in the northwestern city of Tabriz, beating her so 
severely that she temporarily lost hearing in one ear and lost the 
ability to move one of her arms. Farid, a member of the One Million 
Signatures campaign (see section 6, Women), had most recently been 
involved in environmental protests. After beating and interrogating 
her, authorities allegedly forced her to sign a confession that she 
could not read because they had taken away her glasses. At year's end 
she remained detained in the Tabriz Central Prison, facing charges of 
``insulting the supreme leader,'' ``propaganda against the regime,'' 
and ``acting against national security.'' As of September 15, according 
to AI and the special rapporteur, Farid's requests to see a physician 
had not been met, and she had been allowed to meet only once with a 
visitor, her sister, for 45 minutes.
    During the year there were several reports of government agents 
facilitating or encouraging the rape of prisoners and detainees. On 
June 24, based on letters smuggled from prison and information on 
Kaleme.com, The Guardian published an article detailing the extent of 
sexual abuse in the prison system. According to the letters, prison 
guards distributed condoms to incarcerated criminals to encourage 
systematic rape of opposition prisoners. Mehdi Mahmoudian, an outspoken 
member of Iran's Participation Front, a reformist political party, 
wrote, ``[R]ape has become a common act and acceptable.'' An unnamed 
family member reportedly stated, ``Criminals are repeatedly seen with 
condoms in hand, hunting for their victims.''
    On June 10, the IHRDC released a report entitled Surviving Rape in 
Iran's Prisons, which provided witness statements from five former 
prisoners, two women and three men, who suffered rape and other sexual 
abuse during incarceration in previous years. At least three of the 
rape victims were politically active, and four were raped by prison 
guards. In a May 30 interview with IHRDC, a man named ``Sorrour'' 
discussed his arrest and rape by prison guards, allegedly in 
retaliation for fighting with his father, a member of the Basij. 
Sorrour left the country in 2009.
    There were a few developments in cases from previous years.
    On May 8, authorities released Kayhan columnist, blogger, and 
documentary filmmaker Mohammad Nourizad, who had been detained in 2009 
and reportedly beaten in May 2010, causing what the prison physician 
classified as a serious head injury that affected his eyesight.
    On July 26, Evin Prison authorities added a year to Mohammed 
Davari's five-year sentence. In 2010, according to various sources, 
authorities tortured and abused Davari, who served as presidential 
candidate Mehdi Karroubi's chief of staff and editor in chief of the 
Saham News Web site, to force him to cast doubt publicly on Karroubi's 
2009 claim that postelection prisoners had been raped. Davari won the 
International Press Freedom award from the Committee to Protect 
Journalists (CPJ) for his work exposing abuse and rape in the now-
closed Kahrizak Prison. Relatives told the ICHRI that Davari's health 
was deteriorating in prison and that he was suffering from severe 
depression.
    On March 18, Ebrahim Mehtari reported that two men, one of whom was 
Iranian, accosted him outside his home in Paris, tying a rope around 
his neck and stabbing him several times. Exactly one year prior, 
Mehtari participated in a U.N. panel to relate the abuse and torture, 
including sodomy, he endured during his 2009 detention in Iran.
    Some judicially sanctioned corporal punishment constituted cruel 
and inhuman punishment, including amputation for multiple-theft 
offenses, and lashings/floggings. On March 16, in connection with an 
amputation case in the province of Khurasan, the deputy judiciary head 
stressed that the amputation of limbs is part of the punishment to be 
meted out to particular offenders. On June 1, Mohammad Javad Larijani, 
secretary general of the governmental High Council for Human Rights, 
was quoted by the ISNA as stating that flogging was not torture but 
rather a punishment and penalty.
    On December 11, the Fars Province public relations office reported 
that the Fars Province Courthouse carried out a foot amputation ruling 
(Hadd) on Mohammadhossein Q., convicted of armed robbery. His hand had 
been amputated for the same crime in 2007; however, the foot amputation 
was delayed for unknown reasons.
    On October 9, according to online opposition news outlet Rah-e 
Sabz, a masked prison guard reportedly carried out a sentence of 74 
lashes against journalist and student activist Peyman Aref for writing 
an ``insulting'' letter to President Ahmadinejad. The lashing was 
conducted as a Hadd flogging, which is the harsher type of flogging 
reserved for the most serious crimes, and it produced serious injuries. 
In the letter Aref protested the ``penalty point'' system for 
politically active university students (see section 2.a., Academic 
Freedom and Cultural Events), under which his education was curtailed. 
Aref's March 2010 sentence for ``propaganda against the regime'' also 
included one year in prison, which he completed, and a lifetime ban on 
journalism and political party membership.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and life threatening. Prisoners committed suicide as a result of 
the harsh conditions, solitary confinement, and torture to which they 
were subjected. Prison authorities often refused medical treatment for 
injuries prisoners suffered at the hands of their torturers and from 
the poor sanitary conditions of prison life. Hunger strikes in protest 
of their treatment were common. Prisoners and their families often 
wrote letters to authorities, and in some cases to U.N. bodies, to 
highlight and protest their treatment. As a result of the letters, 
prison officials often beat prisoners and revoked their visitation and 
telephone privileges.
    In a July 13 letter, imprisoned journalist Issa Saharkhiz accused 
authorities of using harsh prison conditions to slowly kill political 
prisoners (see section 1.e., Political Prisoners). There were reports 
of prison guards and other inmates brutalizing and raping prisoners, 
especially political prisoners, with impunity (see also section 1.c., 
Torture and Other Cruel, Inhuman, or Degrading Tratment or Punishment). 
In a May 9 letter, Mehdi Mahmoudian, convicted for ``collusion against 
the government'' after participation in the 2009 protests, wrote that 
rape of young men in Rejai Shahr Prison was ``an accepted and common 
everyday matter'' completely ignored by prison officials. Authorities 
transferred Mahmoudian to solitary confinement without explanation on 
June 8. Prisoners were frequently subjected to harassment and 
discrimination. Many prisoners were held in solitary confinement or 
were denied adequate food or medical care as a way to force 
confessions.
    Overcrowding was a significant problem, forcing many prisoners to 
sleep on the floor, in the hallways, and even outside in the prison 
yard. There were reports of food being tampered with to create stomach 
illness among the prisoners. There were frequent water shortages and 
sanitation problems. Prisoners were severely restricted in their access 
to fresh air and often were granted permission to go outside only 
during the hottest or coldest times of the day. There were reports of 
officials sending prisoners outside without clothes for prolonged 
periods of time. Ventilation in the prison was lacking, with the stench 
of poor sanitation and water facilities permeating the cells. Prisoners 
were often subjected to sensory deprivation, with either 24-hour light 
or complete darkness.
    On March 15, according to various NGOs, at least nine and as many 
as 150 prisoners were killed in clashes between prisoners and prison 
guards at the overcrowded Qezel Heser Prison outside Tehran. At the 
same time, the head of the prison system, Gholamhossein Esmaili, said a 
judicial investigation had been opened; however, no reports had been 
released by year's end. Prison authorities stated that the riot began 
when death row inmates and drug traffickers committed arson and 
attacked guards in an attempt to escape. However, human rights 
advocates told AI that the prisoners were protesting poor conditions 
and attempts to transfer some inmates for execution. On March 16, state 
media reported that 14 persons had died, including at least nine 
prisoners, and 33 had been injured. On March 19, HRANA reported that 
telephone privileges for prisoners had been cut off until further 
notice.
    On July 15, according to human rights and democracy advocacy 
groups, Sahar Hadadi committed suicide to protest conditions and brutal 
mistreatment of women in Gohardasht Prison in the city of Ray. Prison 
guards reportedly regularly used electric batons and chokers to abuse 
female prisoners. Hadadi was incarcerated for unknown reasons.
    In a July 10 interview on Radio Farda, Ali Tabarzadi, son of 
prominent political activist Heshmatollah Tabarzadi, stated that Rejai 
Shahr prison authorities were not providing adequate medical care for 
his father. The senior Tabarzadi had been transferred to the prison 
infirmary because of his heart disease but needed to seek treatment 
outside prison. Heshmatollah Tabarzadi, head of the banned opposition 
party Iran Democratic Front, was detained by Intelligence Ministry 
officials in Tehran after the 2009 Ashura protests and sentenced to 
eight years' imprisonment. He had not been allowed to leave prison 
since his arrest.
    On March 3, reformist news outlet Radio Zamaneh reported that 
prisons head Esmaili told a gathering of prosecutors that the total 
prison population was 220,000 inmates, which included 70,000 prisoners 
awaiting sentencing. The official capacity of the prison system is 
approximately 85,000. Esmaili also reportedly stated that the number of 
prisoners in the country had risen by 55,000 since he became head of 
prisons 18 months earlier. In September he stated that the escalating 
number of prisoners was causing a crisis, with regular two-month budget 
shortfalls being common. On April 30, Younes Mousavi, a member of the 
parliament's judicial commission, stated that prisons were so 
overcrowded that some prisoners were obliged to sleep in stairways. 
Mousavi also stated that the annual budget of the Prisons Organization 
did not cover the cost of food and clothing for prisoners.
    On April 8, the ICHRI published an open letter from Seyed Hashem 
Khastar, a retired teacher and prisoner of conscience, to the judiciary 
head and the intelligence minister, detailing conditions inside 
Mashad's Vakilabad Prison. Khastar wrote that his ward held more than 
700 prisoners, four times its capacity, and there were as many as 60 
individuals in the room where he slept although its official capacity 
was 15. Khastar was released September 11 on 1.1 million toman ($1,100) 
bail.
    During the year many prisoners, especially political prisoners, 
went on hunger strikes to protest prison conditions. The health of some 
prisoners on hunger strikes deteriorated quickly, but authorities did 
not respond quickly with medical help.
    On June 20, the ICHRI reported that prison authorities allowed 
Hangameh Shahidi medical leave for the first time in eight months (see 
section 2.a.).
    There were reports of juvenile offenders detained with adult 
offenders. Pretrial detainees occasionally were held with convicted 
prisoners. Political prisoners were often held in separate prisons or 
wards--such as Evin Prison, especially wards 2A, 209, 240, and 350, and 
ward eight of Gohardasht Prison, known as the Islamic Republic Guard 
Corps (IRGC) ward--or in isolation for long periods of time. Human 
rights activists and international media also reported cases of 
political prisoners confined with violent felons and drug dealers.
    On July 21, the opposition news site Jaras reported that a new 
system for obtaining furloughs had been posted on the walls of all the 
country's prisons. According to the system, prison authorities would 
allocate points based on good conduct. For example, ``cooperating in 
establishing order or preventing violations'' merited 20 points every 
month and ``participating in Friday prayers and other religious 
ceremonies'' earned a prisoner 30 points per month. Most prisoners 
required 1,000 points to obtain a furlough, but male prisoners over age 
60, women over age 55, women who head households, women who have 
children under 10, and all veterans required only 150 points. Jaras 
noted that a number of political prisoners had yet to enjoy even one 
furlough, even though they belonged to the group that required only 150 
points.
    Prison conditions for women were generally at least as poor as 
those for men. On May 10, Radio Farda reported that the families of 
female prisoners transferred to Gharchak Prison south of Tehran had 
written to the head of the Islamic Human Rights Commission, Mohammad 
Hassan Ziaeefar, asking him to immediately address the prison's 
``intolerable conditions.'' In a letter published on the Kaleme Web 
site, the families stated the lives of 600 female prisoners were at 
risk. The prisoners reportedly lived in a hall without beds or access 
to basic washing facilities and sanitation, and prison authorities beat 
them when they protested their conditions.
    The government did not permit independent monitoring of prison 
conditions by any outside groups, including U.N. groups or special 
rapporteurs. Prisoners generally had access to weekly visitors, but 
this privilege was often revoked, along with telephone and other 
correspondence privileges. According to former prisoner accounts, 
prison officials often returned unsent letters to prisoners months 
after they thought they were sent to their families. Prisoners were 
able to submit complaints to judicial authorities, but often with 
censorship and retribution for doing so. Authorities did not initiate 
credible investigations into allegations of inhuman conditions. There 
was no information on whether the penal system employed prison 
ombudspersons and no indication that any steps were taken to improve 
recordkeeping or use alternative sentencing for nonviolent offenders. 
To the contrary, the authorities utilized secret detention facilities, 
frequently held prisoners incommunicado, and mixed violent and 
nonviolent offender populations.

    d. Arbitrary Arrest or Detention.--Although the constitution 
prohibits arbitrary arrest and detention, these practices continued 
during the year.

    Role of the Police and Security Apparatus.--Several agencies share 
responsibility for law enforcement and maintaining order, including the 
Ministry of Intelligence and Security, Law Enforcement Forces under the 
Interior Ministry, and IRGC. The Basij and informal groups known as the 
Ansar-e Hizballah (Helpers of the Party of God) were aligned with 
extreme conservative members of the leadership and acted as vigilantes. 
However, the Basij also served in the IRGC ground forces. While some 
Basij units received formal training, many units were disorganized and 
undisciplined. During government-led crackdowns on demonstrations, the 
Basij were primarily responsible for the violence against the 
protesters.
    The security forces were not considered fully effective in 
combating crime, and corruption and impunity were problems. Regular and 
paramilitary security forces such as the Basij committed numerous 
serious human rights abuses, but there were no transparent mechanisms 
to investigate security force abuses and no reports of government 
actions to reform the abusers.

    Arrest Procedures and Treatment While in Detention.--The 
constitution and penal code require a warrant or subpoena for an arrest 
and state that an arrested person must be informed of charges within 24 
hours. Authorities rarely followed these procedures in practice. 
Authorities held detainees, at times incommunicado, often for weeks or 
months without charge or trial, frequently denying them prompt contact 
with family or timely access to legal representation. In practice there 
was neither a time limit for detention nor judicial means to determine 
the legality of the detention. According to the law, the state is 
obligated to provide indigent defendants with attorneys only for 
certain types of crimes. The courts set prohibitively high bail, even 
for lesser crimes, and in many cases courts did not set bail. 
Authorities often compelled detainees and their families to submit 
property deeds to post bail. Prisoners released on bail did not always 
know how long their property would be retained or when their trials 
would be held, which effectively silenced them for fear of losing their 
families' property.
    The intelligence arm of the IRGC reportedly conducted arrests 
during the year, sometimes without a warrant. In addition, security 
forces executed general warrants to arrest protesters or those 
perceived as opponents of the government. The use of these general 
warrants precluded the need for individual warrants.
    Incommunicado arrest and detention was a common practice. For 
example, Farzad Madadzadeh was reportedly held incommunicado during the 
year, and Kouhyar Goudarzi has been held incommunicado since July 31 
(see sections 1.a. and 1.e.).
    In an October 11 interview with the ICHRI, the wife of imprisoned 
journalist and member of the Iran Freedom Movement Ali Akrami stated 
she had no information on his whereabouts since his October 6 arrest 
(see section 2.a.). According to press reports, Akrami was later 
released on bail on October 29, although he had been incommunicado 
during his entire three-week detention.
    The government reportedly put individuals under house arrest 
without due process to restrict their movement and communication. In 
mid-February authorities suddenly moved former presidential candidates 
Mehdi Karroubi and Mir Hossein Mousavi and their wives, Fatemeh 
Karroubi and Zahra Rahnavard, respectively, to an undisclosed location 
and held them incommunicado for several weeks. They had been under de 
facto house arrest since 2010, and all but Fatemeh Karroubi remained so 
at year's end, apparently in response to their calls for protests in 
solidarity with prodemocracy activists. According to the September 
report by the U.N. special rapporteur on human rights in Iran, the 
Mousavis were unable to communicate freely with family or friends, as 
authorities had destroyed or removed all communication devices from the 
Mousavis' home. The Karroubis reportedly faced similar conditions, and 
authorities also had removed the Karroubis' television and books. Mehdi 
Karroubi was reportedly allowed to go outside of his home only once, 
for 10 minutes. Radio Zamaneh reported November 10 that Karroubi had 
been moved to ``a more appropriate location.'' Karroubi's son said 
Intelligence Ministry officials were also living in Karroubi's new 
apartment and that authorities were refusing to allow Karroubi's wife 
to stay with her husband. Domestic media reported that security 
officials raided Mousavi's office twice during the week of November 6, 
confiscating books, computers, and personal items. The special 
rapporteur also noted that members of both families had been harassed, 
intimidated, and/or briefly detained.

    Arbitrary Arrest.--Arbitrary arrest was a common practice and was 
used by authorities to spread fear and deter activities deemed against 
the regime. Often plainclothes officers arrived unannounced at homes or 
offices and conducted raids without warrants or other assurances of due 
process, confiscating private documents, passports, computers, 
electronic media, and other personal items and arresting individuals. 
Once in detention centers, individuals languished for extended periods 
without charges or trials and in many circumstances were delayed in 
communicating their whereabouts to their families. Denial of legal 
access during this time was common, as was the imposition of travel 
bans if and when the individuals were released. The September 15 U.N. 
secretary-general's report on the situation of human rights in the 
country noted with concern the use of solitary confinement, lack of 
access to lawyers, and use in court of confessions made under duress in 
pretrial detention.
    On January 30, authorities at Tehran Airport detained Omid Kokabi, 
a postdoctoral student studying nuclear physics in the United States. 
Kokabi, a Sunni and member of the Turkmen ethnic minority, was accused 
of acting against national security through contacts with a ``hostile 
country'' and illegitimate earnings based on his scholarship. On July 
10, according to media sources, he wrote a letter to the head of the 
judiciary protesting his arrest, the 36 days he spent in solitary 
confinement, and having been forced to make false confessions. Kokabi 
reportedly was not granted access to his lawyer at any time during his 
imprisonment. According to Reuters, his lawyer said the trial began on 
October 4. There was no further information at year's end.
    On February 9, plainclothes police arrested Taghi Rahmani, a 
writer, journalist, human rights defender, and husband of imprisoned 
human rights activist Narges Mohammadi (see section 5), five days ahead 
of a planned antiregime demonstration. According to the Observatory for 
the Protection of Human Rights Defenders, individuals entered Rahmani's 
apartment without showing identification cards or an arrest warrant, 
searched his residence, and confiscated documents. Rahmani was released 
on May 15 after posting bail of 150 million toman (approximately 
$150,000). On September 21, authorities imposed a travel ban on 
Rahmani, preventing him from leaving the country.
    There were a few developments in cases from previous years. On 
April 17, Branch 26 of Tehran's Revolutionary Court sentenced 
journalist Nazanin Khosravani to six years in prison for ``assembly and 
colluding to act against national security'' and ``propaganda against 
the regime.'' Khosravani was arrested in November 2010. In mid-March, 
according to Kaleme.com, she had secured bail of 6.5 million toman 
($6,500). According to the Web site, her lawyer stated that they would 
appeal the sentencing; there was no update on the appeal at year's end.
    In December 2010, in return for bail of 800 million toman 
($800,000), authorities released former government spokesman Abdollah 
Ramezanzadeh early from his six-year sentence for ``acting against 
national security.'' In 2009 police arrested and seriously beat 
Ramezanzadeh following a letter he cowrote to the head of the judiciary 
calling for the prosecution of IRGC officials for their role in the 
2009 election and its aftermath. However, on February 26, the Green 
Voice of Freedom Web site reported that Ramezandadeh was rearrested 
following a scuffle with security forces, and at year's end he 
reportedly remained in ward 350 of Evin Prison.
    On August 20, a revolutionary court sentenced two of the three U.S. 
citizen hikers arrested by border guards on the Iran-Iraq border in 
2009 to eight years in prison for espionage and entering the country 
illegally. However, on September 21, authorities released the two on 
500 million toman ($500,000) bail each, the same as the third hiker who 
was released in September 2010. On September 27, authorities detained 
the hikers' lawyer, Masoud Shafii, at the airport, confiscated his 
passport, and prevented him from travel. Judiciary officials questioned 
him for several hours about the American hikers and released him the 
following day without filing any charges. The government banned Shafii 
from travelling abroad.
    At year's end Arash and Kamiar Alaei, physicians specializing in 
the prevention and treatment of HIV/AIDS who were found guilty in 2009 
of ``cooperating with an enemy government'' and sentenced to five 
years' imprisonment, had left the country. Kamiar was conditionally 
released after spending two and one-half years in prison, while Arash 
was granted final release after more than three years in prison. 
Officials delayed the release of both.

    Pretrial Detention.--Pretrial detention was often arbitrarily 
lengthy, particularly in cases involving alleged violations of national 
security laws. Approximately 25 percent of prisoners held in state 
prison facilities were reportedly pretrial detainees. According to HRW, 
a judge may prolong detention at his discretion, and pretrial detention 
often lasted for months. Often pretrial detainees were held in custody 
with the general prison population.
    On November 4, the UNHRC expressed concern at the length of 
pretrial detentions and the absence in the law of a pretrial detention 
time limit. The UNHRC also expressed concern that pretrial detainees 
are often held incommunicado in unacknowledged detention centers.

    Amnesty.--While the government at times released prisoners early or 
suspended their sentences, there were no known amnesties granted during 
the year to any prisoners, including political prisoners.

    e. Denial of Fair Public Trial.--The constitution provides that the 
judiciary be ``an independent power;'' but in practice the court system 
was corrupt and subject to political influence. According to the 
constitution, the head of the judiciary is a cleric chosen by the 
supreme leader. The head of the Supreme Court and prosecutor general 
also must be clerics. The head of the judiciary chose revolutionary 
court judges in part due to their ideological commitment to the system. 
On November 4, the UNHRC expressed concern about the lack of judicial 
independence, stating that the judiciary was compromised by undue 
pressure from the executive branch, including the Office for 
Supervision and Evaluation of Judges as well as senior clerics and 
high-ranking government officials. Authorities generally respected 
court orders, although they also acted extrajudicially at times, 
especially concerning arrests, searches, and seizures.

    Trial Procedures.--According to the constitution and criminal 
procedure code, a defendant has the right to a public trial, 
presumption of innocence, a lawyer of his or her choice, and the right 
of appeal in most cases that involve major penalties. These rights were 
not respected in practice. Panels of judges adjudicate trials; there is 
no jury system in the civil and criminal courts. In the Media Court, a 
council of 11 persons selected by the court adjudicates cases. No 
defendants in any court had the right to confront their accusers, nor 
were they granted access to government-held evidence.
    The UNHRC and various human rights groups, including AI, HRW, and 
Reporters without Borders (RSF) continued to condemn trials in the 
revolutionary courts for disregarding international standards of 
fairness. On November 4, the UNHRC expressed deep concern about the 
frequent violations of fair trial guarantees.
    The government often charged individuals with vague crimes such as 
``anti-revolutionary behavior,'' ``moral corruption,'' ``siding with 
global arrogance,'' moharebeh, and ``crimes against Islam.'' 
Prosecutors imposed strict penalties on government critics for minor 
violations. When postrevolutionary statutes did not address a 
situation, the government advised judges to give precedence to their 
knowledge and interpretation of Islamic law (Sharia). Under the law 
judges may find a person guilty based on their own ``divine knowledge'' 
(elm-e ghazi), or they may issue more lenient sentences for individuals 
who kill others considered ``deserving of death'' (mahdoor-ol-dam), 
meaning that the victim had done something contrary to Sharia. Secret 
or summary trials of only five minutes duration frequently occurred. 
Other trials were deliberately designed to publicize a coerced 
confession.
    During the year human rights groups noted the absence of procedural 
safeguards in criminal trials. There were many examples of the 
prosecution providing fabricated evidence, forced confessions, trials 
closed to the public, and trials without juries. Courts often used 
confessions made under duress or torture. In one instance the court 
used private e-mails written while the prisoner was in solitary 
confinement as a confession for the purposes of his sentencing.
    On June 16, AI reported that three mothers faced execution after 
being convicted of drug-trafficking crimes in an unfair trial. 
Authorities denied them access to a lawyer to prepare for the trial, 
and they had no right to appeal their death sentences, which were 
merely confirmed by the prosecutor general as required by the law. 
Authorities arrested the three women in 2009 and interrogated them 
without the presence of their lawyers. On August 10, AI stated that the 
women's cases had likely been sent for review by the Amnesty and 
Clemency Commission, but there was no further information at year's 
end.
    On October 19, Branch 28 of the Revolutionary Court reportedly 
upheld a death sentence--preceded by seven-and-a-half years in prison--
for Saeed Malekpour, who was arrested in 2008 by the IRGC's ``cyber 
army,'' a branch of the IRGC used to monitor online activities for 
unlawful behavior. While it was established to monitor and prevent 
activities including criminal and terrorist behavior, the unit was also 
used to monitor opposition to the regime (see section 2.a.). Malekpour 
was charged with managing pornographic Web sites. Malekpour maintained 
that the Web sites used programs he wrote but that he was not aware of 
the nature of the sites. According to the Human Rights House of Iran 
(RAHANA), Malekpour's family and attorney made numerous requests for 
neutral third-party information technology experts to study and 
investigate Malekpour's case and share their findings in court, but the 
judge denied their repeated requests. The court handed down its verdict 
after only two weeks. At year's end he remained in prison.
    On December 18, state media broadcast an interview with a dual 
U.S.-Iranian national who ``confessed'' to being a spy against Iran. 
The individual was reportedly detained August 29 and held in Evin 
Prison without access to an attorney. An espionage trial began on 
December 27, with a court-appointed lawyer representing the dual 
national. The government refused consular access by the Swiss, who 
represent U.S. interests in Iran.
    There were developments in a high-profile case from 2006. On 
January 17, Zohre Elahian, a Majlis member, stated that judiciary 
authorities commuted Sakineh Mohammadi-Ashtiani's sentence from death 
by hanging to 10 years in prison. In 2006, after having been convicted 
and punished with 99 lashes for involvement in her husband's murder, a 
court sentenced Ashtiani to death by stoning for adultery, suspended in 
September 2010. On June 22, the chief of the East Azerbaijan Justice 
Administration stated that Ashtiani had begun serving her prison term. 
However, he further announced that another sentence had not yet been 
determined. According to a July 8 report received by the International 
Committee against Stoning (ICAS), Ashtiani remained in Tabriz Central 
Prison, where she had attempted suicide as a result of psychological 
pressure from her incarceration, impending sentence, and deprivation of 
family visits. On May 16, a revolutionary court sentenced one of 
Ashtiani's lawyers, Houtan Kian, to 11 years in prison for allegedly 
having two identity cards and for antiregime activities. According to 
reports, Kian had not been allowed to meet with his lawyer or family 
and was subjected to significant physical torture and solitary 
confinement since his arrest in May. On October 28, HRANA reported Kian 
had been moved to the methadone section of Tabriz Prison. Ashtiani's 
son, who had also been arrested, was released.
    Opposition groups continued to question the legitimacy of the 
special clerical court system. The court is headed by a scholar in 
Islamic law and is capable of ruling on legal matters through 
independent interpretation of Islamic legal sources. Clerical courts, 
which investigate alleged offenses and crimes by clerics and which the 
supreme leader directly oversees, are not provided for in the 
constitution, and they operated outside the domain of the judiciary. 
Critics alleged that clerical courts were used to prosecute clerics for 
expressing controversial ideas and for participating in activities 
outside the sphere of religion, such as journalism or reformist 
political activities.

    Political Prisoners and Detainees.--Statistics regarding the number 
of citizens imprisoned for their political beliefs were not available, 
but human rights activists estimated the number in the hundreds, 
perhaps as high as 900. According to the ICHRI, an estimated 500 
persons were arbitrarily detained for peaceful activities or the 
exercise of free expression, and another 500 prisoners of conscience 
had been sentenced to lengthy prison terms following unfair trials. On 
June 28, the ICHRI reported there were more than 200 political 
prisoners inside Ward 350 of Evin Prison, at least 120 of whom were 
imprisoned in the aftermath of the 2009 elections or as Green Movement 
supporters.
    During the year the government rounded up students, journalists, 
lawyers, political activists, artists, and members of religious 
minorities (see sections 1.a. through 1.e., 6, and 7.a.). The 
government charged many with crimes such as ``propaganda against the 
regime,'' ``insulting the regime,'' and apostasy, and treated such 
cases as national security trials. According to opposition press 
reports, the government also arrested, convicted, and executed persons 
on questionable criminal charges, including drug trafficking, when 
their actual offenses were reportedly political. The government also 
reportedly held some persons in prison for years under charges of 
sympathizing with terrorist groups such as the MEK, which were often 
baseless charges. Authorities routinely held political prisoners in 
solitary confinement for extended periods and denied them due process 
and access to legal representation. Political prisoners were also at 
greater risk of torture and abuse in detention. The government 
generally placed political prisoners in prisons far from their homes 
and families. The government did not permit international humanitarian 
organizations or U.N. special rapporteurs access to political 
prisoners.
    In a July 13 letter to U.N. special rapporteur Ahmed Shaheed, 
imprisoned journalist Issa Saharkhiz accused authorities of using harsh 
prison conditions to slowly kill political prisoners. Saharkhiz stated: 
``What is happening now in the prisons is a crime against humanity; it 
is just as bad as Stalin's inhumane mandatory labor camps in Siberia.'' 
Saharkhiz warned that the government's objective was ``to kill the 
protesting prisoners silently and gradually.'' Referring to the death 
of two political prisoners, Hoda Saber and Mohsen Dokmehchi, he wrote: 
``They are deliberately trying to destroy us and have prepared a silent 
death for us because they fear our survival even behind bars.'' 
Saharkhiz, one of the founders of the Society for the Defense of Press 
Freedom in Iran, was arrested in 2009 and sentenced to three years in 
prison for ``insulting the leader and the regime.'' He was banned from 
political and media activities for five years and prohibited from 
leaving the country for a year. At year's end he was at Rejai Shahr 
Prison and had not been permitted temporary medical leave despite 
severe health problems. Opposition Web site Saham News reported on 
August 29 that prison officials beat Saharkhiz on his way to the prison 
infirmary.
    Authorities occasionally gave political prisoners suspended 
sentences or released them for short or extended furloughs prior to 
completion of their sentences, but they could order them to return to 
prison at any time. Suspended sentences often were used to silence 
individuals. The government also controlled political activists by 
temporarily suspending baseless court proceedings against them and 
allowing authorities to rearrest them at any time, and it attempted to 
intimidate activists by calling them in repeatedly for questioning. The 
government issued travel bans on former political prisoners (see 
section 2.d.).
    On April 3, according to opposition media, police arrested Ghassem 
Sholeh Saadi, a Tehran University professor and former parliamentarian, 
based on a two-and-a-half-year sentence allegedly revoked several years 
ago. He was convicted of ``insulting the authorities,'' ``acting 
against national security,'' and ``spreading propaganda to agitate 
public opinion,'' based on a letter he wrote in 2002 criticizing some 
of Ayatollah Khamenei's policies and for giving media interviews on the 
same. At year's end he was in prison. His repeated requests to 
authorities for medical attention were denied despite his worsening 
medical condition, a spinal injury resulting from alleged torture in 
prison.
    On April 29, journalist Siamak Pourzand, age 80, who was held under 
house arrest in recent years due to his advanced age and health 
problems, committed suicide by jumping from the sixth-story balcony of 
his apartment in Tehran. In 2002 authorities sentenced Pourzand to 11 
years in prison for ``spying and undermining state security'' and 
``links with monarchists and counterrevolutionaries,'' after torturing 
and holding him in solitary confinement for months.
    On May 3, the government arrested human rights activist Ashkan 
Zahabian so that he could fulfill a six-month prison term for 
disturbing public order and for organizing protests at his university. 
From December 2010 until his arrest, his family faced harassment from 
Intelligence Ministry representatives, including death threats. On June 
13, the ICHRI reported that Zahabian remained in solitary confinement 
and on August 31, he had begun a hunger strike in Matikola Prison. 
Zahabian's father told the ICHRI that prison staff had moved his son to 
solitary confinement after he began his strike, even though he was in a 
coma, according to other prisoners. His father added that Zahabian had 
experienced stomach bleeding for two weeks and authorities refused his 
requests for outside treatment. According to the ICHRI, he was 
subjected to torture during his incarceration and was housed with 
violent criminals. On September 22, Zahabian was released and at year's 
end remained out of prison, suffering from stomach bleeding, liver 
damage, and other health issues resulting from his reported torture.
    On May 4, a court banned Hassan Younesi, a reformist attorney and 
the son of a former minister of intelligence, from practicing law for 
five years and sentenced him to one year in prison. The sentence was 
upheld on appeal on July 4. He was summoned by Evin Prison authorities 
to serve his sentence. He went to prison and was released on September 
29 on furlough. Forces arrested Younesi during the 2009 postelection 
events and detained him for a lengthy period of time in ward 209 of 
Evin Prison. At year's end he reportedly was out of prison on furlough.
    On May 15, a court presided over by Judge Pir Abbasi sentenced 
student activist Mostafa Eskandari to 31 years in prison. Authorities 
arrested Eskandari in 2009 while he was participating in a memorial 
service at the grave of Neda Agha Soltani, who was killed during the 
2009 postelection protests. He was accused of various offenses, 
including diversion of public opinion, being interviewed by foreign 
media, and harming national security. During his interrogation he was 
reportedly violently beaten and tortured; reports stated that 
interrogators broke his nose and ribs. According to human rights 
activists, Eskandari was arrested with his wife, Kobra Zaghe Doust. She 
was imprisoned for two years, during which time she was also violently 
interrogated and forced to file for divorce against her husband after 
being threatened with a prolonged sentence of imprisonment. Prison 
officials prevented Eskandari from seeing his mother on December 16 and 
beat him when he tried to give her medicine for her failing health. At 
year's end he remained in Gohardasht prison.
    On June 1, according to eyewitness accounts, plainclothes police 
beat reform activist and women's rights campaigner Haleh Sahabi, 
leading to her death from cardiac arrest. Sahabi had been serving a 
two-year sentence after being arrested outside the parliament in 2009, 
following Ahmadinejad's inauguration. She had been released from prison 
to attend the funeral of her father, prominent political activist 
Ezzatollah Sahabi. According to eyewitness accounts reported by 
international NGOs, including a journalist and member of the Iran 
Freedom Movement, police interrupted the funeral procession and beat 
mourners, including Sahabi. During a June 14 press conference, Tehran 
prosecutor Abbas Jafari Dolatabadi denied authorities had any role in 
Sahabi's death. In mid-December Majlis member Ali Motahari publicly 
admitted that the authorities ``did not want her to die, and what 
happened was a result of a lack of attention [by the agents].'' At 
year's end there had been no investigation.
    On June 3, the family of imprisoned journalist Masoud Bastani 
reported that a prison guard beat him in front of them after Bastani 
asked for more time to say goodbye at the end of visiting hours in 
Rejai Shahr prison. According to the family, hospital staff later told 
them he arrived unconscious and was treated for minor head injuries. On 
June 9, prison officials reportedly transferred him to solitary 
confinement, where he later went on a hunger strike to protest the 
deaths of Hoda Saber and Haleh Sahabi in prison. Security forces 
arrested Bastani in 2009; he was sentenced to six years' imprisonment 
for propaganda against the government, creating unrest, and disturbing 
public order. At year's end he was in prison. His wife, Mahsa Amrabadi, 
also a journalist, was arrested during March 1 protests in Tehran. She 
was detained in Evin Prison and released on bail on March 16. On June 
16, Branch 28 of the Revolutionary Court presided over by Judge 
Moghiseh sentenced Amrabadi to one year in prison for her antiregime 
interviews and reporting.
    On June 12, according to opposition Web sites, journalist and 
rights activist Reza Hoda Saber died of a heart attack reportedly 
brought on by a 10-day hunger strike and beatings by prison authorities 
without proper medical attention. On June 13, 64 political prisoners in 
Evin Prison's ward 350 released a statement blaming Hoda Saber's death 
on abuse by prison authorities. Kaleme reported that Hoda Saber began 
the strike after Haleh Sahabi died at the funeral of her father on June 
1. Prosecutor General Gholam-Hossein Mohseni-Ejei immediately refuted 
allegations that Hoda Saber died as a result of the hunger strike or 
beatings. On June 14, he announced an investigation and stated that his 
office was awaiting statements from the prison authorities. The Tehran 
Prosecutor's Office gave a press conference at the same time stating 
that the prison officials may not have reacted quickly enough to 
Saber's health complaints. At year's end no further information on the 
investigation was available. Saber had been serving a 10-year sentence. 
He was initially arrested in 2000, then released, but detained again 
during the 2009 postelection crackdown.
    From June 12 to July 9, the government detained Mansoureh Behkish, 
a member of the Mourning Mothers, an organization against execution of 
prisoners, in Evin Prison. She was previously detained in January 2010, 
as well as in 2008 and 2009. She is prohibited from leaving the 
country. Several other members of Mourning Mothers were imprisoned 
during the year. Parvin Mohktare, mother of Kouhyar Goudarzi, was 
sentenced to 23 months following her August 6 arrest for protesting her 
son's imprisonment. She remained in prison at year's end. Zhila 
Mahdavian was sentenced to five years' imprisonment for protesting her 
son's imprisonment for his involvement in post-2009 election protests. 
She was later released on bail and remained out of prison at year's 
end. Zhila Karamzableh, a poet, was sentenced to five years' 
imprisonment for writing a poem for Mourning Mothers. She began serving 
her sentence on December 27 and was in prison at year's end. March 
media reports indicated that Mourning Mothers member Hakimeh Shokri 
remained in prison with deteriorating health. In December 2010 
authorities arrested Shokri at Behesht Zahara Cemetery along with 
several other mothers celebrating the birthday anniversary of one of 
the protesters killed during the 2009 Ashura protests.
    On June 15, Mehdi Tajik began his two-year prison sentence in Evin 
Prison. Tajik, a graduate student at University of Tehran and an 
outspoken student activist and journalist, was also banned from 
political activity and journalism for 15 years. He was arrested in his 
home following the mass Ashura protests in 2009 for founding a student 
activist organization. He was released in March 2010 on bail. However, 
on June 15, he was summoned by the Evin Prison enforcement authorities 
to serve his sentence and remained in prison at year's end.
    On June 21, according to the ICHRI, Intelligence Ministry officers 
forcibly entered journalist and photographer Maryam Majd's home, 
confiscated personal items, and arrested her a day before a planned 
trip to Germany to photograph the Women's World Cup. On the same trip 
she was supposed to complete work on a book about female soccer 
players. On July 12, a source close to the family told the ICHRI that 
Majd had spent more than 20 days in solitary confinement and that she 
had developed digestive and kidney problems. She was released in late 
July on bail (see section 2.a.).
    On July 8, according to HRANA, Branch 3 of the Revolutionary Court 
in Khuzestan Province sentenced blogger Payman Roshan Zamir to 17 
months in prison for ``propaganda against the regime'' and ``insulting 
the supreme leader.'' According to the ICHRI, during his May 14 closed 
trial Zamir did not present a defense to protest the unjust 
proceedings, including the closed nature of the trial, the lack of jury 
or representative of the Prosecutor's Office, and fabricated evidence 
presented against him. He served one month in Karoon Prison, where he 
recounted the harsh conditions there to the ICHRI in an interview. He 
was released on bail, and at year's end he likely remained out of 
prison.
    On July 10, security officials arrested actress and Green Movement 
supporter Pegah Ahangarani before she could leave the country to go to 
the Women's World Cup, where she was scheduled to participate in 
related television programming. She was also released in late July.
    In mid-September, according to several opposition Web sites, 
authorities arrested three state media journalists--Mehrdad Sarjouei, a 
writer for the international sections of the English language daily 
newspapers; Amir Ali Alamehzadeh, a journalist at the Iranian Labor 
News Agency; and Hadi Ahmadi, a journalist in the economics section of 
the ISNA--and detained them in Evin Prison. At year's end they 
reportedly remained in prison pending charges and trial.
    On October 11, the ICHRI reported that Ali Tari, a former IRGC 
member during the Iran-Iraq war and former Mousavi campaign director, 
returned to prison to serve his remaining six-month prison sentence for 
``publishing falsehoods.'' He had been on medical furlough for his 
heart condition. The ICHRI reported that Tari's situation in Mati Kola 
Prison was dire and that prison officials were preventing the delivery 
of medication for his heart condition. At year's end he remained in 
prison.
    In mid-October human rights organizations reported that security 
forces had arrested disabled war veteran and Mousavi campaign member 
Hossein Fayezi at his home and confiscated his personal belongings. At 
year's end he remained incommunicado.
    On December 17, blogger Hossein Ronaghi Maleki submitted a letter 
to the Tehran Prosecutor's Office protesting his treatment in prison 
and at the same time began a hunger strike. Maleki was arrested in 2009 
for blogging about the postelection protests. In October 2010 Branch 26 
of the Revolutionary Court sentenced him to 15 years in prison. 
According to interviews by family with the ICHRI, prison officials 
usually beat him after each letter he sent to the Prosecutor's Office.
    There were developments in several cases from previous years.
    On February 8, a revolutionary court sentenced Mehdi Mo'tamedi 
Mehr, a member of the Committee to Defend Free, Healthy, and Fair 
Elections and the banned political organization, the Freedom Movement 
of Iran, to five years in prison for his political activities during 
the 2009 election. Authorities detained him after the committee 
published a statement about civil society institutions as election 
observers.
    On January 10, an appeals court upheld a 10-year prison sentence 
and ban on political activities for Emad Bahavar, also a member of the 
Iran Freedom Movement. In 2009 authorities detained Bahavar for 
``spreading propaganda against the regime'' by campaigning for 
presidential candidate Mousavi. At year's end he remained in Evin 
Prison.
    At year's end student activists Mohsen Barzegar and Iman Sadighi 
were likely in prison. Their colleague Nima Nahvi was released on 
January 12 after serving a 10-month sentence. In February 2010 an 
appeals court upheld prison sentences for Barzegar, Sadighi, and Nahvi, 
and one-year suspended sentences for Hamid Reza Jahantigh, Hessam 
Bagheri, Siavash Salimi Nejad, and Ali Taghipour. The students, most of 
whom were also prohibited from attending educational institutions for 
one to five years, were convicted of ``actions against national 
security'' and ``propaganda against the regime,'' based on their 
alleged planning of and participation in protests and contacts with 
antigovernment entities. Authorities conditionally released Barzegar 
and Sadighi in July 2010, but in November 2010 police rearrested 
Barzegar at his home prior to National Students Day, allegedly without 
a warrant (see section 2.b.), and again during February 14 protests in 
Babol. According to the ICHRI, Barzegar informed his family of his poor 
health in solitary confinement at the Sari Intelligence Office Prison, 
but authorities reportedly refused to allow his family to bring him 
medication. On June 24, multiple news sources reported that Barzegar 
had been sentenced to two years in prison for acting against national 
security and insulting the supreme leader due to his participation in 
the February 14 protests. He was tried in absentia. In February various 
news sources reported that security forces had arrested Sadighi during 
student demonstrations in Shiraz and taken him to an unknown location. 
On August 29, HRANA reported that Sadighi had been sentenced to one 
year in prison for ``propaganda against the regime.'' Authorities 
reportedly held him in solitary confinement for 20 days and tortured 
him into making a televised confession.
    At year's end Bahareh Hedayat remained in Evin Prison. She was 
convicted in May 2010 of ``insulting the supreme leader'' and sentenced 
to six months for ``insulting the president,'' and five years for 
``actions against national security, propagation of falsehoods, and 
mutiny for congregation.'' News reports on November 3 indicated that 
six months were added to her sentence, which was up to 10 years because 
of earlier suspended sentences. On June 1, Hedayat's husband was 
arrested during reform activist Haleh Sahabi's funeral (see section 
1.a.).
    On January 24, authorities executed Jafar Kazemi (see section 
1.a.).
    On January 9, a revolutionary court convicted Nasrin Sotoudeh, a 
prominent human rights lawyer and women's rights activist, of ``acting 
against the national security,'' ``propaganda against the regime,'' and 
``membership in a banned organization,'' namely Nobel Peace Prize 
laureate Shirin Ebadi's Defenders of Human Rights Center (DHRC), and 
sentenced her to 11 years in prison and a 20-year travel ban. Following 
her sentencing, authorities arrested her husband, Reza Khandan, and 
detained him for a week. He was released without charge. However, in 
early October he was summoned again to the Evin Prison court for a 
letter he wrote to the Tehran prosecutor in 2010 regarding the 
conditions of his wife's arrest. On June 8, the ICHRI reported that 
Evin Prison authorities had forbidden visits to Sotoudeh from her 
children in an effort to pressure her into a false confession. In early 
August a prison guard harassed Sotoudeh's husband and tried to take 
away his notebook, which he had used to write down a list of items 
Sotoudeh needed in prison. According to the ICHRI, officials detained 
the family for five hours, during which time a female officer 
physically abused Sotoudeh's sister. On September 14, Branch 54 of the 
Tehran Appeals Court reduced Sotoudeh's sentence to six years. On 
October 24, Khandan told the ICHRI that prison officials had banned 
visits because Sotoudeh had refused to wear a headscarf inside the 
prison, even though there are no laws requiring it. She remained in 
prison at year's end, but it was unknown whether she remained in 
solitary confinement.
    On March 31, RAHANA reported that authorities had banned family 
visits at Evin Prison for Mahdieh Golrou, a student activist and member 
of the Advocacy Council for the Right to Education who was convicted in 
April 2010 for interviewing with foreign media in a tribue to Students 
Day, acting against national security, and purported association with 
the MEK. She reportedly told the ICHRI that the MEK charge was 
``ridiculous.'' On April 9, according to media reports, authorities 
moved Golrou to solitary confinement at Evin. On July 16, they 
reportedly released her on a short furlough. Golrou suffered from 
intestinal problems during her imprisonment.
    During the year Shabnam Madadzadeh, a member of the Islamic 
Association and deputy general secretary of the student organization 
Tahkim Vahdat, and her brother Farzad Madadzadeh wrote separate letters 
to the U.N. special rapporteur for Iran criticizing the government's 
treatment of prisoners, especially members of the opposition. Shabnam 
wrote that prison officials abused her and her brother during 
interrogations and held them in solitary confinement in Evin Prison. 
Human rights advocates reported that Farzad and three other political 
prisoners were subjected to ``severe mental and physical pressure'' 
from Intelligence Ministry officials after writing the letter. In 
January 2010 a revolutionary court sentenced the Madadzadehs to five 
years' imprisonment for moharebeh and propaganda against the state. In 
late October Shabnam said she was being held in Evin, after having been 
transferred to Qarchak Prison from Rejai Shahr Prison earlier in the 
year, while Farzad had reportedly been transferred back to Rejai Shahr, 
where he was being held incommunicado.
    On September 10, security forces arrested Abdolfattah Soltani (see 
section 1.f.).
    On November 2, the trial began of ailing former foreign minister 
and secretary general of the Freedom Movement of Iran Ebrahim Yazdi on 
charges of ``assembly and collusion against national security,'' 
``propaganda against the regime,'' and ``establishing and leading the 
Iran Freedom Movement'' after being delayed several times during the 
year. At the trial opening, the 80-year-old Yazdi did not offer any 
defense; Yazdi's son-in-law told the ICHRI Yazdi chose to remain silent 
because he found the Revolutionary Court unqualified to review the 
charges against him. According to his son-in-law, Yazdi remained 
imprisoned under house arrest, where poor living conditions were 
reportedly contributing to his deteriorating health. Authorities 
detained Yazdi at least three times after the 2009 elections, most 
recently on October 1 for allegedly participating in ``illegal prayer'' 
while he attended the memorial service for the daughter of a friend in 
a private home. During one of his imprisonments, Yazdi spent 50 days in 
solitary confinement. Yazdi was recovering from bladder cancer surgery 
as well as heart surgery, and his family believed his life was in 
danger because of the physical and psychological strains of 
imprisonment, lack of medical care, and unsanitary conditions. At 
year's end he was out on bail for medical treatment.
    On July 19, Branch 4 of Evin Prison Court summoned imprisoned 
student activist Abdollah Momeni to face new charges of ``propagating 
lies'' and ``creating public anxiety'' for a letter he wrote to the 
supreme leader in August 2010 asking him to investigate the use of 
torture during interrogations. On July 10, Momeni's wife, Adinehvand, 
told Radio Farda that her husband was suffering from intestinal 
problems as a result of his recent hunger strike to protest the death 
of Hoda Saber. On November 4, she told the ICHRI that she was no longer 
permitted to visit him. Momeni, a spokesman for the country's largest 
reformist student organization, the Office to Foster Unity, was 
arrested during the 2009 postelection crackdown and was sentenced to 
four years and 11 months in prison. At year's end he was in ward 350 of 
Evin Prison.
    During the year authorities continued to prevent an Iranian-
American academic from leaving the country. He was initially arrested 
in 2009 on charges of espionage based on his association with the Open 
Society Institute and sentenced to 15 years in prison, later reduced to 
five years by an appelate court. At year's end he remained under house 
arrest and under a travel ban.
    On September 1, HRANA reported that judicial and prison authorities 
at Rejai Shahr Prison continued to deny medical care to former 
university student Misagh Yazdan-Nejad, sentenced in 2009 to 13 years' 
imprisonment for participating in a 2007 demonstration. He was 
reportedly in critical condition with a respiratory illness. At year's 
end he remained in prison in critical condition.
    On January 26, Iran Human Rights Voice reported that authorities 
had released from detention Mohammad Ozlati-Moghaddam, head of 
opposition leader Mousavi's veterans' affairs committee. He was 
reportedly arrested in November 2010 for his connections to the Mousavi 
campaign.
    November 3 media reports indicated that an appeals court upheld a 
six-year prison sentence against economist and journalist Saeed Leylaz 
for allegedly maintaining ties with foreigners, working to overthrow 
the government, and critizing the economic performance of the regime 
during 2009 postelection protests. He was released on bail in 2010, and 
at year's end it was believed that he remained out on bail.
    On June 20, IRGC-linked Jahan News reported that the seven-year 
sentence for Emaddedin Baghi, founder of the Committee for the Defense 
of Prisoners' Rights, had been reduced to one year on appeal. On June 
21, international media reported that the government had released 
Baghi, according to his lawyer. In 2010 Baghi was convicted of 
``propaganda against the regime'' and ``colluding against the security 
of the regime'' in connection with an interview with the late grand 
ayatollah Hossein Ali Montazeri and his work advocating for prisoners' 
rights. A revolutionary court also prohibited him from participating in 
political activity for five years. Authorities imprisoned Baghi on 
previous occasions since 2000 for his activities as a journalist and 
his campaigns against the government's execution of juvenile offenders.
    On July 27, the ICHRI reported that Atieh Tehari, the wife of 
Azerbaijani journalist and ethnic minority rights activist Saeed 
Matinpour, said her husband was suffering from untreated back problems 
in Evin Prison. He had also had several heart attacks. Authorities 
arrested Matinpour in 2007 for participating in a seminar in defense of 
Turkish-speaking citizens in Turkey. The court sentenced him to eight 
years in prison for ``contact with foreigners'' and ``propaganda 
against the regime.''
    On February 27, Evin Prison officials reportedly attacked and beat 
dissident cleric and regime critic Ayatollah Mohammad Kazemeini 
Boroujerdi and forcibly shaved his beard. Some reports suggested 
Boroujerdi may have lost vision in one eye and that authorities did not 
allow him to leave prison to receive medical treatment. On October 1, 
human rights groups reported Boroujerdi suffered a severe heart attack, 
which led to pulmonary edema. Intelligence authorities reportedly 
rejected demands by prison officials for him to be treated at a 
properly equipped medical facility. In addition, sources told the ICHRI 
in April that Boroujerdi's relatives and followers reported abuse and 
arrests by security forces. Forces in civilian dress allegedly attacked 
Boroujerdi's sister Sa'adat and broke her leg, and authorities placed 
their brother, Seyed Mohsen Boroujerdi, under house arrest. The 
government also arrested supporters of Boroujerdi, including Iman 
Khodadai, who reported he and others had been beaten and abused while 
in detention. The followers also reported that security forces put 
their homes under surveillance and harassed them with threatening phone 
calls. Boroujerdi is a cleric who advocated the separation of religion 
and government; he was arrested in 2006. At year's end there were 
continued concerns over his health and lack of access to medical care.
    On June 28, human rights advocates reported that authorities moved 
Berouz Javid-Tehrani and three other political prisoners to solitary 
confinement at the IRGC prison and later transferred them to ward 209 
of Evin Prison. Family members reportedly were not permitted to visit, 
and he was reportedly severely tortured throughout the duration of his 
imprisonment. He was retried in mid-October and was finally released on 
his birthday, December 26. Javid-Tehrani was imprisoned for his 
activities during the 1999 student uprising.
    All of the following individuals were believed to be in prison at 
year's end: writer and student leader, Amin Ghazain Tehran; reformist 
cleric and member of the reformist political group Islamic Iran 
Participation Front, Hadi Qabel; Office for Consolidating Unity 
spokesman, Ali Nikunesbati; former vice president, Muhammad Ali Abtahi; 
former interior ministry official Muhammad Atrianfar; intellectual and 
prodemocracy activist, Saeed Hajjarian; Kurdish and women's rights 
activist, Zeinab Bayazidi; political activist and founder of the Iran 
Democratic Party, Abbas Khorsandi; and leader of the reformist party 
the Islamic Iran Participation Front, Mohsen Mirdamadi.

    Civil Judicial Procedures and Remedies.--According to the 
constitution, the Court of Administrative Justice--under the 
supervision of the head of the judiciary--investigates the grievances 
of citizens with regard to government officials, organs, and statutes. 
In practice citizens had limited ability to sue the government. 
Citizens were not able to bring lawsuits against the government for 
civil or human rights violations. Dispute resolution councils are 
available to settle minor civil and criminal cases through mediation 
before referral to courts.

    Property Restitution.--The constitution allows the government to 
confiscate property acquired illicitly or in a manner not in conformity 
with Islamic law, and the government particularly targeted religious 
minorities, especially members of the Baha'i faith. On November 9, the 
Baha'i International Community reported a wave of attacks on Baha'is 
and their property, including incidents in Rasht, Semnan, and Sanandaj. 
There were also reports during the year of authorities seizing the 
property of members of the Sunni religious minority.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution states that ``reputation, life, 
property, [and] dwelling[s]'' are protected from trespass except as 
``provided by law,'' but the government routinely infringed on this 
right. Security forces monitored the social activities of citizens, 
entered homes and offices, monitored telephone conversations and 
Internet communications, and opened mail without court authorization. 
There were widespread reports that government agents entered, searched, 
and ransacked the homes and offices of reformist leaders, activists, 
and journalists--including relatives of BBC staff members (see section 
2.a.) and political opposition leaders Mir Hossein Mousavi and Mehdi 
Karroubi (see section 1.d., Arrest Procedures and Treatment While in 
Detention)--in an attempt to intimidate them.
    On September 10, after his arrest on charges of waging propaganda 
against the regime, establishing the DHRC, assembly and collusion 
against national security, and accepting an unlawful prize (the 
Nuremberg International Human Rights Award), security forces entered 
the offices of prominent human rights lawyer Abdolfattah Soltani and 
confiscated several of his personal and family documents. According to 
Soltani's wife, Massoumeh Dehghan, authorities later ransacked their 
house without showing a warrant, and took CDs, papers, and other 
documents. On November 17, Dehghan told the ICHRI that Soltani would 
file a lawsuit against the head of the governmental High Council for 
Human Rights, Mohammad Javad Larijani, for making false accusations 
against him. On November 16, Larijani accused Soltani of being 
connected to terrorist groups. Soltani was believed to be in solitary 
confinement in Evin Prison at year's end.
    On December 10, authorities released a film of journalist Mohammad 
Nourizad on YouTube consisting of private video footage made by 
Nourizad in his home, which included praise for the supreme leader as 
well as criticism of Nourizad's time in solitary confinement for 60 
days. He also wrote weekly letters to the supreme leader criticizing 
the conditions of solitary confinement in prisons. For his criticism 
IRGC officials confiscated the footage along with his camera and other 
personal items during a raid on his home. Following the raid the video 
was released without his knowledge or consent. According to an 
interview with the ICHRI on December 17, Nourizad was concerned that 
the government would use the video against him.
    There were numerous reports throughout the year of women arrested 
for wearing improper hijab or tight-fitting clothing. Authorities also 
warned men against wearing necklaces and having ``glamorous'' 
hairstyles. There were several reports of morality police shutting down 
hair salons for dispensing ``inappropriate'' styles for men. Vigilantes 
continued their attacks on young persons considered ``un-Islamic'' in 
their dress or activities during the year, with no reports of criminal 
sanction for their violence. On May 9, the head of the morality police, 
Commander Ahmad Rouzbehani, announced that 70,000 officers would be 
dispatched to enforce the stringent moral codes, particularly 
concerning ``un-Islamic'' dress, among the population. The media 
reported several arrests, some with violence, over the summer as these 
officers stopped vehicles to arrest women without proper head coverings 
and stopped people on the street for ``appearing in public like 
models.'' YouTube featured several videos of women being harassed by 
uniformed and plainclothes officers for inappropriate dress.
    There were reports during the year that the MOIS arrested and 
harassed family members of political prisoners and human rights 
activists, especially the in-country family members of activists living 
outside of the country, prohibiting them from speaking to foreign media 
or traveling abroad, blocking their telephone conversations, making 
false criminal charges against them, and blocking their access to 
higher education.
    On January 30, authorities summoned one of opposition politician 
Mehdi Karroubi's sons, Mohammad Hussein, to the Evin Prison Court. 
According to the Karroubi-affiliated Web site Saham News, authorities 
questioned Mohammad Hussein in relation to his father's stance that 
prisoners were being abused at the Kazhirak detention facility. On 
February 22, authorities arrested another son, Ali Karroubi, and 
Mehdi's daughter-in-law, Nafiseh Panahi, at his parents' house. Panahi 
was released a few hours later, but Ali Karroubi was reportedly 
detained until March 17 and paid a bail of 100 million toman 
($100,000). Ali Karroubi alleged he was tortured and beaten throughout 
his detention in solitary confinement in Evin Prison.
    On October 5, the BBC reported that police and government officials 
had been arresting, questioning, and intimidating relatives of BBC 
staff members of Iranian origin but who no longer lived in the country. 
According to the report, authorities confiscated passports, searched 
homes, and urged relatives to tell BBC staff members to stop appearing 
on air, return to the country, and secretly provide information about 
the BBC.
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 expression and of the 
press, except when the words are deemed ``detrimental to the 
fundamental principles of Islam or the rights of the public.'' The law 
states that ``anyone who undertakes any form of propaganda against the 
state'' can be imprisoned for as long as one year; the law does not 
define ``propaganda.'' The law also provides for prosecution of writers 
for instigating crimes against the state ornational security, or for 
``insulting'' Islam; the latter offense is punishable by death. The 
government severely restricted freedom of speech and of the press, and 
it used the law to intimidate or prosecute not just individuals 
directly criticizing the government, but also those raising topics such 
as women's or minorities' rights. The CPJ stated that the government 
maintained a campaign of press intimidation throughout the year.

    Freedom of Speech.--Individuals could not criticize the government 
publicly or privately without reprisal, and the government actively 
sought to impede criticism. The government monitored meetings, 
movements, and communications of opposition members, reformists, 
activists, and human rights defenders. The government accessed private 
e-mail accounts during the year and used the information obtained to 
harass, intimidate, and arrest account owners. The government often 
charged individuals with crimes against national security and insulting 
the regime based upon letters, e-mails, and other public and private 
communications. During the year there were several cases of the 
government increasing prison sentences for prisoners who wrote open 
letters criticizing their treatment or other government practices (see 
section 1.e.).
    On February 3, Branch 28 of Tehran's Revolutionary Court sentenced 
Khalil Bahramian to 18 months in prison and prohibited him from 
practicing law for 10 years. Bahramian, an attorney who defended many 
of the 2009 protesters and other Kurdish prisoners, was found guilty on 
charges of ``spreading propaganda against the regime'' and ``insulting 
the head of the judiciary.'' The charges were based on interviews he 
conducted with foreign and domestic media following the May 2010 
execution of five political activists he defended. Bahrami had 
discussed in the interview various judicial irregularities that led to 
the hangings. At year's end he remained in prison.
    On February 20, according to state television, Faezah Hashemi 
Rafsanjani, the daughter of former president Akbar Hashemi Rafsanjani 
and an outspoken political and women's rights activist, was briefly 
detained for ``making blunt statements'' and ``chanting provocative 
slogans'' at a banned opposition rally in Tehran. Rafsanjani was later 
harassed by plainclothes officers at a rally in mid-April for an 
interview that she gave opposition news outlet Roozonline, in which she 
said that the regime was run by ``thugs and hooligans.'' In mid-
December she had a closed-door trial on charges of insulting the 
regime. At year's end she had not been sentenced.
    According to Daneshjoo News, during the year the government adopted 
a harsher stance and imposed security restrictions against poets deemed 
critics of the regime. On March 10, according to various sources, 
plainclothes policemen arrested Mostafa Badkoobehi in his home. He was 
detained in solitary confinement in ward 209 of Evin Prison before 
being released on bail. After the elections Mostafa's poems focused on 
criticism of Ahmadinejad's government.
    There were developments in one case from 2010. On June 11, a court 
sentenced economist Fariborz Rais-Dana to one year in prison. According 
to local media, he was charged with membership in a writers' 
association, preparing press releases for ``seditionists'' (i.e., 
reformists), and issuing announcements against the regime, all stemming 
from his criticism of government-subsidy cuts in a BBC interview in 
December 2010. Rais-Dana was arrested in December 2010 and held for 
approximately one month. On January 17, he was released on 30 million 
toman ($30,000) bail.

    Freedom of Press.--There were private print media companies in the 
country, but the government held significant influence over all media. 
The Islamic Republic of Iran Broadcasting (IRIB) directs state-owned 
media. According to the constitution, the supreme leader appoints the 
head of IRIB, and a council composed of representatives of the 
president, judiciary, and the Majlis oversees IRIB's activities. The 
government's Press Supervisory Board (PSB) is responsible for issuing 
press licenses (which it sometimes revoked in response to articles 
critical of the government) and for examining complaints filed against 
publications or individual journalists, editors, or publishers. During 
the year the government banned, blocked, closed, and/or censored 
publications that were critical of the government. The government did 
not permit members of foreign media outlets to film or take photographs 
in the country, required foreign correspondents to provide detailed 
travel plans and topics of proposed stories before it granted visas, 
and attempted to influence them through pressure to garner more 
favorable coverage. Freedom House considered the country ``not free'' 
in terms of media freedom.
    The government severely limited the operation of independent print 
media by shutting down or prohibiting opposition and reformist 
newspapers, intimidating journalists, and censoring news. Government-
controlled print media were also subject to censorship, restrictions, 
and even temporary closures for reportedly insulting the regime. 
International NGOs reported that authorities had temporarily shut down 
at least 40 publications since 2009. The Media Court ordered 
permanently closed more than 10 national publications during the year.
    On September 5, according to ISNA, the Tehran Prosecutor's Office 
banned Rouzgar, a daily reformist publication, and Shahrvand-e Emrouz, 
a weekly reformist magazine, for publishing unacceptable material. 
According to ICHRI reports, the charge stemmed from a cover photo of 
President Ahmadinejad in traditional garb.
    On November 19, the Tehran Prosecutor's Office ordered a two-month 
closure of Etemad, a reformist newspaper, for ``disseminating lies and 
insults regarding government officials.'' The order cited several 
articles, including an interview with Ali-Akbar Javanfekr, President 
Ahmadinejad's media adviser, head of the Islamic Republic News Agency 
(IRNA), and manager of Iran, in which he criticized the inner circle of 
the president. On November 20, a Tehran criminal court sentenced 
Javanfekr to one year in prison and banned him from journalism for 
three years for ``publishing materials contrary to Islamic norms'' 
based on an August Iran article questioning the country's dress code 
for women. On November 21, security forces raided Iran's offices, 
reportedly using tear gas to disrupt a press conference where Javanfekr 
was speaking, and detained 30 staff members, including Javanfekr. The 
government released Javanfekr and the staff members later in the day. 
At year's end he remained free on bail.
    The following papers banned in 2009 remained so: Kalameh Sabz, 
Etemad-e Melli, the business newspaper Sarmayeh, and Hayat-e no.
    According to the constitution, private broadcasting is illegal. The 
government controlled and maintained a monopoly over all television and 
radio broadcasting facilities through a state-controlled entity, the 
Voice and Vision Organization. Radio and television programming--the 
principal source of news for many citizens, especially in rural areas--
reflected the government's political and socioreligious ideology. 
Although satellite companies broadcast on private networks based in 
third countries, the government pressured advertising companies to work 
only with state-owned media. In November the police chief publicly 
warned companies advertising on satellite television that they might 
face criminal charges. In doing so, many independent stations and 
programs were forced to close. Foreign programs, such as BBC Persian 
and Voice of America (VOA), were subjected to government jamming.
    Satellite dishes that received foreign television broadcasts were 
forbidden, and the government often confiscated them from homes. 
According to opposition Web sites, police confiscated satellite dishes 
from rooftops in Tehran ahead of the February 11 anniversary of the 
Islamic revolution. In late May authorities launched a new campaign to 
remove dishes, and Tehran police confiscated more than 2,000 satellite 
dishes in a single day. In mid-August Tehran Special Operations forces 
along with plainclothes police used ropes to climb on to balconies and 
enter private homes. On October 1, the country's police chief promised 
to intensify efforts to confiscate dishes, having earlier claimed that 
such efforts had become ``three times more effective'' over the 
previous months. On October 20, the assistant commander of state 
security forces in Mazandaran claimed to have confiscated more than 
6,000 dishes. However, most satellite dishes in individual homes 
reportedly continued to operate at year's end.
    On December 1, the government banned all foreign media from filming 
or reporting on the scene of protests in front of the United Kingdom 
embassy, following its storming by students in the previous days. This 
banning was notable because although the government has previously 
prohibited foreign media from covering opposition rallies, the ones 
held in front of the embassy were progovernment.
    Book printers were still required to receive prepublication 
permission from the Ministry of Culture and Islamic Guidance, which 
reviewed and censored all manuscripts. The ministry also inspected 
foreign printed materials prior to their domestic release. In January 
the government banned all publications and sales of popular author 
Paulo Coelho's books due to his support for a journalist who spoke out 
after the 2009 post-election violence.

    Violence and Harassment.--The government and its agents harassed, 
detained, tortured, and prosecuted publishers, editors, and journalists 
for their reporting (see also section 1.e., Political Prisoners and 
Detainees). The government also harassed many journalists' families, 
and journalists were often subjected to solitary confinement in prison. 
During the year the government detained, jailed, tortured, or fined 
numerous publishers, editors, and journalists (including Internet 
media) for their reporting. The RSF reported that 42 journalists 
remained in detention at year's end. International NGOs reported that 
more than 60 journalists were forced into exile during the year alone, 
and authorities had shut down at least 40 publications since 2009. 
Eighteen journalists, along with their families, were in exile.
    On September 5, police arrested reporter and photojournalist Reza 
Entessari during protests to protect the rights of Gonabadi dervishes, 
a minority group that is a Sufi sect. In December he was transferred 
from ward 209 to ward 350 of Evin Prison, and at year's end he remained 
in prison awaiting sentencing.
    On September 17, authorities arrested six citizens making a 
documentary for the BBC's Persian news service, reportedly without 
authorization from the foreign press department of the Ministry of 
Culture. Hadi Afarideh, Shahnam Bazdar, Mojtaba Mirtahmasb, Naser 
Saffarian, Katayoun Shahabi, Mohsen Shahrnazdar, and Mehran Zinatbaksh 
were charged with providing the BBC material deemed damaging to the 
regime. Bazdar was released soon after his detention. Authorities 
released Afarideh, Saffarian, and Shahrnazdar on October 10 on bail of 
two million toman ($2,000) each; Shahabi and Zinatbaksh were released 
on November 10. Mirtahmasb was reportedly released on December 11 on 
bail of two million toman ($2,000).
    There were developments in two cases from previous years.
    On May 31, a court added another year onto Bahar Ahvaz reporter 
Abolfazl Abedini Nasr's 11-year prison sentence for crimes of 
``propaganda against the regime.'' The reasons for this additional 
sentence were not disclosed. In February 2010 security officials beat 
and arrested Abedini and transferred him to Evin Prison, where he 
reportedly underwent harsh torture during interrogation, resulting in 
severe heart damage. In April 2010 Branch One of the Revolutionary 
Court sentenced him to 11 years in Karoun Prison in Ahvaz for 
association with foreign governments, membership in the NGO Human 
Rights Activists of Iran (HRAI), and ``propaganda against the regime'' 
based on his interviews with foreign media. During the year authorities 
denied him medical furlough and family visits.
    On June 20, the ICHRI reported that prison authorities allowed 
Hangameh Shahidi, an imprisoned journalist, women's rights activist, 
and single mother, medical leave for the first time in eight months. A 
women's issues adviser to then presidential candidate Mehdi Karroubi 
during the 2009 elections, Shahidi was imprisoned in 2009 on a six-year 
sentence for ``gathering and colluding with the intent to harm state 
security'' and ``propaganda against the regime.''

    Censorship or Content Restrictions.--The law forbids government 
censorship, but it also forbids disseminating information that the 
government considers ``damaging,'' and during the year the government 
censored publications--both reformist and conservative--that were 
critical of government actions or contradicted the official version of 
a story. ``Damaging'' information included discussions of women's 
rights, the situation of minorities, and certain economic affairs. 
Government officials also routinely intimidated journalists into 
practicing self-censorship. Public officials often lodged criminal 
complaints against reformist newspapers, and the PSB referred such 
complaints to the Media Court for further action, including closure and 
fines. The court conducted its hearings in public with a jury of 
appointed clerics, government officials, and editors of government-
controlled newspapers. Some human rights groups asserted that the 
increasingly conservative Media Court assumed responsibility for cases 
before PSB consideration.
    The government banned coverage of the April crackdown on the Arab 
minority protests in Khuzestan (see section 6, National/Racial/Ethnic 
Minorities) and denied both international and local media access to the 
scene of the protests.
    The August 2010 ruling by the Ministry of Culture and Islamic 
Guidance, which bans the publication of any news or information related 
to opposition figures Mehdi Karroubi and Mir-Hossein Mousavi and former 
president Mohamad Khatami, reportedly continued in force.

    Libel Laws/National Security.--The government commonly used libel 
laws or cited national security to suppress criticism. According to the 
law, if any publication publishes articles containing insult, libel, 
false statements, or criticism of an individual, the individual has the 
right to respond in the publication within one month. However, if the 
libel, insults, or criticism involves Islam or national security, the 
individual can be charged with apostasy and crimes against national 
security, respectively. The government liberally applied the press law 
throughout the year, often citing statements made in various media 
outlets or Internet platforms that criticized the government in any way 
to arrest, charge, and sentence individuals for crimes against national 
security. During the year the government used national security laws to 
prosecute journalists and individuals who gave interviews to Western 
media, including journalist Hassan Fathi, arrested after an interview 
with BBC Persian.
    At the end of January a court sentenced Mostafa Daneshjoo, Farshid 
Yadollahi, and Amir Eslami, lawyers and members of the Human Rights 
Commission of the Bar Association, to six months in prison for 
disturbing public opinion and libel based on their legal work with the 
Gonabadi dervishes. The charges were based on their dissemination of 
information regarding violations that security and intelligence 
officials committed against their clients. Despite their defense and no 
proof of malintent in their case, the government found them guilty of 
libel and creating public anxiety. In September security forces 
arrested the three, along with at least one other colleague. At year's 
end they were in the security ward of Evin Prison.
    On October 5, according to the CPJ, authorities arrested four 
reformist newspaper journalists--Medhi Afsharnik, Ali Akrami, Mohamed 
Heydari, and Mohsen Hakim--in their homes and took them to Evin Prison. 
All were charged with ``propaganda against the regime'' and ``acting 
against national security.'' All had their homes ransacked and personal 
items confiscated. They were reportedly released on bail on October 29. 
At year's end their cases were pending.
    There were developments in three cases from the previous year. On 
July 20, prison authorities summoned Mashallah Shamsolvaezin, head of 
the journalists' association and a prominent reform journalist, to 
serve out his 16-month sentence. In December 2010 Branch 28 of the 
Tehran Revolutionary Court sentenced Shamsolvaezin to 16 months in 
prison for ``insulting the president'' and ``weakening'' the 
government, based on interviews he gave to international media. 
Shamsolvaezin's attorney, Mohammad Seifzadeh, was serving a nine-year 
sentence in prison and banned for life from practicing law for his role 
in founding the DHRC (see section 5) and was therefore unable to defend 
his client.
    On May 5, Ali Malihi, a journalist for reformist outlets Etemad, 
Irandokht, Shahrvand-e-Emruz, and Mehrnameh, was released on bail. 
Malihi was arrested in February 2010. According to the CPJ, a 
revolutionary court tried and sentenced him to four years in prison for 
``congregation and mutiny against the regime,'' ``propagation against 
the regime,'' ``participation in illegal gatherings,'' ``publication of 
falsehoods,'' and ``insulting the president.'' The CPJ reported he was 
held in solitary confinement for 14 months in Evin Prison and went on 
at least one hunger strike to protest his treatment.
    On March 2, authorities rearrested journalist and activist 
Mahboubeh Karami, her fifth arrest in three years (see section 6, 
Women).

    Internet Freedom.--All Internet service providers (ISPs) must be 
approved by the Ministry of Culture and Islamic Guidance. The 
government also requires all owners of Web sites and blogs in the 
country to register with the Ministry of Culture and Islamic Guidance, 
which along with the Ministry of Communications and Information 
Technology, Ministry of National Security, and Tehran Public 
Prosecutor's Office, were represented on the Committee in Charge of 
Determining Unauthorized Web Sites, the governmental organization that 
determines blocking criteria. The same laws that apply to traditional 
press also apply to electronic media, and the PSB and judiciary used 
the law to close Web sites during the year. NGOs reported that the 
government continued to increase its control over the Internet during 
the year as more citizens used it as a source for news and political 
debate. In March the government announced plans to create a national 
Intranet to replace the Internet. At year's end this had not occurred, 
but there was increasing government rhetoric publicizing the system's 
imminent release.
    On November 1, the government established the ``Cyber Command'' 
under the IRGC, replacing and strengthening the ``Cyber Army.'' Like 
its predecessor, the Cyber Command was officially charged with 
monitoring, identifying, and countering cyberthreats against national 
security, and it had recruited and trained at least 2,000 members at 
year's end. In practice the organization harassed individuals who spoke 
out against human rights violations committed by the government or 
criticized the government in any way, including raising sensitive 
social issues. On August 28, the Cyber Army created a fake e-mail 
certificate authority, exposing the personal details of more than 
400,000 Gmail account holders and putting the lives of many political 
opposition, human rights activists, and defenders in jeopardy.
    Through the Cyber Army and Cyber Command, the government monitored 
Internet communications, especially social networking Web sites, such 
as Facebook, Twitter, and YouTube, and collected individuals' 
personally identifiable information in connection with peaceful 
expression of views. Freedom House and other human rights organizations 
reported that authorities sometimes stopped citizens at Tehran 
International Airport as they arrived in the country, asked them to log 
into their YouTube and Facebook accounts, and in some cases forced them 
to delete information.
    According to the RSF, the government blocked access to thousands of 
Web sites during the year, and in some cases ISPs redirected computer 
users to progovernment news sites. The government also intentionally 
reduced Internet speed to discourage residents from downloading 
material. By order of the Ministry of Communications and Internet 
Technology, households and cybercafes are prohibited from having high-
speed access. During the year and especially during periods prior to 
the anniversaries of the Islamic Revolution (February 11), the 2009 
presidential election (June 12), and Students' Day (December 7), and in 
anticipation of the February 14 and 15 protests, authorities slowed 
Internet speed, further reduced access to Facebook, Twitter, and Gmail, 
and blocked opposition Web sites, including that of former president 
Rafsanjani. The Cyber Army and Cyber Command used sophisticated 
filtering technology to rapidly respond to newly published Web content. 
On February 22, the Cyber Army hacked into the VOA and 95 affiliated 
Web sites to protest their ``immoral'' messages. On each of the sites 
that it hacked into, an Iranian flag and gun were displayed. The 
Reuters and Yahoo! Web sites were allegedly censored and periodically 
blocked since the early spring. Google was reportedly partially blocked 
and Gmail periodically interrupted. According to reports from early 
July, the government had banned more than five million sites, including 
social media sites and foreign news sites such as BBC and CNN. Internet 
NGOs reported that the government was attempting to block Internet 
users' access to circumvention technology. The government also censored 
Web site content to control citizens' access to information. According 
to Freedom House, content from opposition leaders' Web sites was 
deleted during the year.
    During the year the government prosecuted and punished several 
bloggers and webmasters for peaceful expression of dissenting views 
through the Internet.
    On January 24, a revolutionary court sentenced journalist, blogger, 
and IRNA reporter Siamak Ghaderi to four years in prison on charges of 
participating in and reporting on public gatherings and ``propaganda 
against the regime'' for calling the government ``illegitimate.'' 
According to RAHANA, authorities detained Ghaderi in August 2010. 
Authorities reportedly stated that he would be released only if he 
guaranteed he would publish articles in support of the government and 
the supreme leader on his blog, Our IRNA, a critique of the government-
run news agency. On November 24, he published an open letter from 
prison regarding harsh and inhumane conditions, as well as the poor 
treatment he and other journalists had received from presidential media 
adviser and IRNA chief Ali Javanfekr. At year's end Ghaderi remained in 
prison.
    According to HRANA, on June 15, Branch 15 of the Revolutionary 
Court sentenced Mostafa Akhavan, a student at Tehran's aerospace 
university and member of the National Trust Party, to one year in 
prison for ``action against national security'' and ``propaganda 
against the system'' for his postings on Facebook, including news about 
the Green Movement and a call for an illegal gathering, an interview he 
conducted with foreign media, and for the antiregime content of his e-
mails. Since Akhavan did not have a record, the prison sentence was 
suspended for five years.
    There were developments in several cases from previous years. On 
June 15, Branch 28 of the Revolutionary Court in Tabriz sentenced 
Hanieh Farshi, arrested in her home in July 2010 in eastern Azerbaijan 
Province, to seven years in prison for blasphemy and ``propaganda 
against the regime,'' based on Internet activities, including private 
e-mails. Her conviction was based upon a confession reportedly made 
while in solitary confinement and under physical and psychological 
torture. Authorities did not permit her lawyer to be present in court. 
At year's end she was thought to be in Evin Prison.
    In December 2010 authorities released student blogger Navid Mohebbi 
from Sari Prison after a Revolutionary Court sentenced him to a three-
year suspended sentence for membership in and support for the One 
Million Signatures campaign (see section 6, Women), ``acting against 
national security,'' ``propaganda against the state'' through 
connection with foreign media, insulting the founder of the Islamic 
Republic, and insulting the supreme leader. Mohebbi's trial took place 
behind closed doors; not even his lawyer attended.
    On June 9, an appeals court confirmed a 19-year prison term against 
blogger and dual Iranian-Canadian citizen Hossein Derakhshan; he was 
also banned from political or journalistic activities for five years. 
At year's end he reportedly remained in Evin Prison. Authorities 
arrested Derakhshan in 2008 while he was visiting the country and 
allegedly subjected him to psychological and physical abuse in 
detention, according to the HRAI.

    Academic Freedom and Cultural Events.--The government significantly 
restricted academic freedom and the independence of higher education 
institutions. In March 2010 Minister of Science, Research, and 
Technology Kamran Daneshjoo stated that only those who have proven 
commitment to Islam and the ``rule of the jurisprudent'' (velayat-e-
faqih) can teach or study at universities. To be admitted to 
university, applicants had to pass ``character tests'' in which 
officials eliminated applicants critical of the government's ideology 
and gave advantages to Basij members. Authorities systematically 
targeted university campuses to suppress social and political activism, 
including banning independent student organizations, imprisoning 
student activists, purging faculty, depriving targeted students from 
enrolling or continuing their higher education based on political or 
religious affiliation or activism, and restricting social sciences and 
humanities curricula.
    The 2010 restrictions placed on humanities programs in universities 
increased throughout the year, including the severe restrictions on 
social sciences education, and the barring of universities from opening 
new departments of law, philosophy, management, psychology, political 
science, women's studies, or human rights.
    Authorities relied on university disciplinary committees to 
suspend, transfer, or expel enrolled students based on social and 
political activism, involvement in student publications, or 
participation in student associations. Student groups reported that a 
``star'' system inaugurated by the government in 2005 to rank 
politically active students was still in use. Students deemed 
antigovernment through this system reportedly were prevented from 
registering for future terms. Repeated suspensions through this 
mechanism resulted in effectively denying the rights of targeted 
students to complete or continue their studies. Numerous student 
activists were expelled from their respective schools during the year 
for political activities, including nonviolent protest. Student 
activists reported increased crackdowns at universities, on both 
students and teachers, by security authorities in the wake of the 
February protests. During the year Ministry of Intelligence agents used 
threats, intimidation, and arrests to silence students who attempted to 
seek accountability and legal justification for their deprivation from 
higher education. For example, on March 2, the Shiraz University 
disciplinary committee suspended more than 200 students for a minimum 
of two semesters for participating in a commemoration of a classmate 
killed during the February protests.
    Authorities continued to dismiss university professors in 
accordance with a 2006 presidential call for the removal of secular and 
liberal professors. To obtain tenure professors had to refrain from 
criticizing authorities. According to the ICHRI, university officials 
dismissed or forced the retirement of more than 50 university faculty 
members in 2010 for their affiliation with or support of the Green 
Movement. Universities across the country dismissed faculty throughout 
the year for their roles in the 2009 postelection protests and ties to 
political opposition. As a result university research was severely 
constrained. Professors must approach topics such as the situation of 
women, feminism, minority history, and societal ills--such as drug 
abuse or domestic violence--from the government-sanctioned ``Islamic'' 
perspective or risk punitive action, such as dismissal.
    On May 29, according to IRNA, Minister of Science for Higher 
Education Kamran Daneshjoo stated, ``[T]he dignity of humans is not an 
absolute freedom, but it is what one must do and must not do and if 
this is taken away, it will reach the absolute freedom that animals 
have. [I]f universities do not move in the right path, they will 
present scientists to society, but anti-Islamic scientists are 
definitely not needed in society.''
    According to the ICHRI, on January 21, the classes of Mohamed 
Sharif, a lawyer and legal professor for 25 years at Allameh Tabatabaee 
University, were cancelled unexpectedly. Sharif was formally dismissed 
in early April from his faculty position by the head of the university 
administration due to his representation of human rights activists, 
including other previously dimissed university professors, following 
the 2009 election protests.
    In mid-March the Tehran University administration suspended Sajjad 
Rezaie, head of its Islamic Association and a member of its art 
faculty, from his teaching duties pending a ruling by the school's 
disciplinary committee. Rezaie had told the media that student Saneh 
Jaleh, who was shot and killed during the February 14 protests, was a 
member of Mousavi's presidential campaign, not a Basij member as had 
been reported (see section 1.a.).
    The government strictly enforced laws relating to cultural events, 
and there was a significant increase in the number of artists, actors, 
and filmmakers detained during the year. The government banned some 
forms of music, including heavy metal, and maintained stringent 
controls on cinema and theater. In June 2010 the government announced a 
ban on music education in private schools, already banned in public 
schools, and in August 2010 the media reported that the supreme leader 
advised against the practice and teaching of music in general, although 
music continued in the media at year's end. The government continued to 
ban broadcasting of certain music genres and continued to crack down on 
concerts and underground music groups, such as heavy metal or similar 
foreign music, considered religiously illegitimate.
    On May 31, the regime censored the work of singer and composer 
Hossein Zaman, whose latest album, Prison, included political and 
social themes deemed unfit for distribution. The Ministry of Culture 
and Islamic Guidance also banned Zaman from holding concerts in the 
country.
    As the main source of production funding, the government 
effectively censored domestic filmmaking. Producers were required to 
submit scripts and film proposals to government officials in advance of 
funding approval. Movies promoting secularism, feminism, unethical 
behavior, drug abuse, violence, or alcoholism were illegal, and some 
domestic directors were blacklisted (restricted and sanctioned). On 
December 11, the Ministry of Culture filed a lawsuit against the House 
of Cinema (IHC), the motion picture guild for the country, claiming 
that the IHC had made amendments to their charter that had not been 
approved by the government. On December 28, the Council of Public 
Culture declared the organization illegal. The IHC said that these were 
false charges; at year's end the trial had not begun.
    On June 26, security agents arrested women's rights activist and 
documentary filmmaker Mahnaz Mohammadi in her home. Mohammadi directed 
the film Women without Shadows and other banned films and contributed 
to commentaries about the country's disputed 2009 presidential 
election. She was released on July 27 on one million toman ($1,000) 
bail.
    On October 10, after being imprisoned for more than two months, 
actress Marzeih Vafamehr was sentenced to an additional year in prison 
and 90 lashes for her role in the now-banned movie My Tehran for Sale, 
which was critical of the regime and in which she was not wearing a 
headscarf. Shargh newspaper reported that she was released on October 
26.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution permits assemblies and marches ``provided 
they do not violate the principles of Islam.'' In practice the 
government restricted freedom of assembly and closely monitored 
gatherings to prevent antigovernment protests. Such gatherings included 
public entertainment and lectures, student and women's meetings and 
protests, labor protests, online gatherings and networking, funeral 
processions, and Friday prayer gatherings. According to activists, the 
government arbitrarily applied rules governing permits to assemble, 
with conservative groups rarely experiencing difficulty and groups 
viewed as critical of the government experiencing harassment regardless 
of whether a permit was issued.
    The government continued to prohibit and forcibly disperse peaceful 
demonstrations during the year. Paramilitary organizations such as 
Ansar-e Hizballah also harassed, beat, and intimidated those who 
demonstrated publicly for reform. They particularly targeted university 
students.
    Beginning February 8, security forces arrested more than 30 
opposition activists in anticipation of planned demonstrations in 
solidarity with protesters in Egypt and Tunisia. Among those arrested 
according to opposition news outlets were Mohammed-Hossein 
Sharifzadegan, an official in former president Khatami's administration 
and Mousavi's brother-in-law; Taghi Rahmani, a member of the reformist 
Nationalist-Religious Movement; Yadollah Eslami, a former reformist 
Majlis member; Korough Ziam, a member of the proreform National Front; 
and Abdollah Naseri, a Khatami ally and member of the reformist 
Mojahedin of the Islamic Revolution. Authorities released 
Sharifzadegan, Eslami, and Zaim after more than a month in detention. 
Rahmani was freed on 150 million toman ($150,000) bail on September 21 
but faced a ban on foreign travel. Authorities also released Naseri, 
but on October 27, he was sentenced to five years in prison on charges 
of ``collusion'' and ``assembly'' against the state.
    Despite the arrests, nonviolent demonstrators protested in the 
streets of Tehran and other cities in February and March to show 
support for prodemocracy movements in neighboring countries and to 
protest the arrests and detention of opposition leaders. The Basij 
forces reacted violently and forcibly cracked down on the 
demonstrations, leading to hundreds of arrests and at least three 
deaths. In June security forces again intimidated and suppressed 
demonstrators, this time marking the two-year anniversary of the 
disputed 2009 presidential election. Multiple press accounts reported 
scenes of police chasing protesters with clubs, deploying tear gas, and 
making numerous arrests at a silent rally in Tehran.
    In August and September authorities conducted mass arrests in the 
Azerbaijan region following demonstrations by environmental activists 
protesting the government's poor management of Lake Urmiya, the world's 
third-largest saltwater lake. Sources told HRW that authorities 
arrested approximately 300 demonstrators in Tabriz on August 27, 
following protests and clashes with police. On September 3, dozens of 
others were arrested in the region after local activists called for 
additional demonstrations. At year's end there was no information 
regarding how many protesters had been released.

    Freedom of Association.--The constitution provides for the 
establishment of political parties, professional associations, Islamic 
religious groups, and organizations for recognized religious 
minorities, as long as such groups do not violate the principles of 
``freedom, sovereignty, and national unity'' or question Islam as the 
basis of the Islamic Republic. The government limited freedom of 
association in practice through threats, intimidation, imposing 
arbitrary requirements on organizations, and arresting group leaders 
and members.
    On April 14, the Khabar Web site, affiliated with Majlis speaker 
Ali Larijani, reported that the Majlis Committee for Political Parties 
Affairs had requested that the prosecutor general of Tehran ban two 
reformist organizations, Mosharekat Front and Revolutionary Mojahedin, 
due to their involvement in the 2009 election protests. The heads of 
both organizations had been in custody since 2009.
    At year's end Mohsen Barzegar remained in Evin Prison (see section 
1.e., Political Prisoners and Detainees).
    The government continued to exert significant pressure on members 
of the DHRC (see section 5).
    The journalists' union and other labor-related groups also 
continued to face problems during the year (see section 7.a.).

    c. Freedom of Religion.--See the Department of State's 
International Religious Freedom Report at www.state.gov/j/drl/irf/
rpt.www.state.gov/g/drl/irf/rpt

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation. The government placed some restrictions on these rights. 
The government cooperated with the Office of the U.N. High Commissioner 
for Refugees (UNHCR) with regard to refugees from Afghanistan and Iraq.

    In-Country Movement.--Women faced difficulties traveling 
independently, especially in rural areas, where they faced significant 
official and unofficial harassment for traveling alone. Rural women's 
freedom of movement outside the home or village was particularly 
restricted, often requiring a male guardian's permission or a male 
chaperone.

    Foreign Travel.--The government required exit permits for foreign 
travel for all citizens. Some citizens, particularly those whose skills 
were in demand and who were educated at government expense, had to post 
bond to obtain an exit permit. The government also restricted foreign 
travel of some religious leaders and members of religious minorities 
and scientists in sensitive fields. It also increasingly targeted 
journalists, academics, opposition politicians, and activists--
including women's rights activists--for travel bans and passport 
confiscation during the year.
    In January, for example, authorities banned Mohammad Baqer Qalibaf, 
the mayor of Tehran, from traveling to the United States to receive an 
award for advancing sustainable transportation. In March authorities 
banned former president Mohammad Khatami from traveling to Ireland to 
attend a political seminar.
    A woman must have the permission of her husband, father, or other 
male relative to obtain a passport. A married woman must receive 
written permission from her husband before she leaves the country.

    Exile.--The government did not use forced external exile, but many 
dissidents practiced self-imposed exile to be able to express their 
beliefs freely. In additon the government often placed prisoners in 
facilities far from their homes to prevent family visits; they called 
this placement ``exile.''

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide means for granting asylum or refugee status to qualified 
applicants. While the government reportedly had a system for providing 
protection to refugees, the UNHRC did not have any information as to 
how the country made asylum determinations.

    Refugee Abuse.--According to reports, 30 provinces were partially 
or fully closed to refugees. Authorities generally required registered 
Afghan refugees in these ``no-go areas'' to choose either to relocate 
to refugee settlements, sometimes in other parts of the country, or to 
repatriate. In 2010-11 approximately 24,000 Afghans voluntarily 
repatriated; however, the vast majority said they were under pressure 
to return due to the government's no-go areas policy as well as from 
fear of the government. During the year the government executed dozens 
of undocumented Afghans, predominantly on drug-related charges and 
often without due process.

    Employment.--Registered refugees were able to obtain permits to 
work in the country. According to the UNHRC, in June the authorities 
extended the validity of Amayesh residency permits to one year and 
linked them to the issuance of work permits for Afghan refugees.

    Access to Basic Services.--Registered refugees received free 
primary health care from the Ministry of Health with UNHRC support. In 
May the UNHRC launched a health insurance plan to help refugees 
maintain access to secondary and tertiary medical care as costs rise. 
Some asylum seekers did not have identification cards and were unable 
to benefit from basic government subsidies for food, health care, 
insurance, and housing. According to the UNHRC, in June authorities 
began reregistering Afghan refugees, extending the validity of their 
identification cards to one year. The government also identified 
vulnerable refugees to be granted exemptions from payment of 
municipality taxes and school tuition fees, which are normally 
obligatory without exceptions.

    Stateless Persons.--Women cannot directly transmit citizenship to 
their children or to a noncitizen spouse. According to media reports, 
there were officially 30,000 female citizens married to Afghan men, 
although the unofficial number was likely much higher. As a result 
there were more than 32,000 children not recognized by the government 
and without identification cards, making them effectively stateless and 
barred from receiving government support, education, health care, or 
travel documents (see section 6, Children).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to peacefully change 
the president and the Majlis through free and fair elections, but the 
authority of unelected representatives over the election process 
severely abridged this right in practice. The Assembly of Experts 
elects the supreme leader, the recognized head of state, who may be 
removed only by a vote of the assembly. The supreme leader exercises 
influence over the government appointments of the 12 clerics and 
religious jurists who make up the Guardian Council. The Guardian 
Council then approves the list of candidates for the Assembly of 
Experts, whose 86 members must also be clerics, who serve eight-year 
terms and are chosen by popular vote. There was no separation of state 
and religion, and clerics had significant influence in the government. 
The supreme leader also approved presidential candidates.

    Elections and Political Participation.--Recent Elections.--In 2009 
the country held a presidential election, which outside observers 
regarded as neither free nor fair. International observers were not 
allowed entry to monitor the election results. The Guardian Council 
approved only four of more than 450 prospective candidates, including 
42 women and former officials. No women were approved to run as 
candidates. Authorities increased censorship and surveillance during 
the campaign, blocking cellular telephone signals and access to social 
networking and opposition Web sites. The government also harassed and 
arbitrarily arrested political activists, members of the country's 
religious and ethnic minority communities, students, trade unionists, 
and women's rights activists during the preelection period (see section 
1.e., Political Prisoners and Detainees). Anecdotal evidence suggested 
that authorities forced some election observers representing opposition 
candidates to leave polling stations and that millions of unused paper 
ballots disappeared. Before all polls closed and ballot counting had 
commenced, government-controlled media announced that President 
Ahmadinejad had been reelected in the first round of elections, 
obtaining a majority of the votes. Contrary to the election law, 
Khamenei approved the election results before the Guardian Council 
certified the election and before the Interior Ministry announced the 
final results. Independent analysts studied election data and concluded 
there were a number of irregularities, including at least two provinces 
showing a turnout of more than 100 percent in some districts and the 
absence of longstanding regional variations in turnout, which appeared 
abnormal despite regulations that allow voters to use any polling 
station. On November 20, Ali Saeedi, the supreme leader's 
representative to the IRGC, reportedly stated that those who challenged 
the 2009 election results were ``worthy of death'' and that the IRGC 
and the Basij should not have ``any hesitations'' about crushing them.
    Majlis elections were scheduled for March 2012. In preparation for 
the elections, the government increased actions and rhetoric against 
the opposition. In a January 5 press statement, the chief of the 
Guardian Council, Ayatollah Ahmad Jannati, stated that it was better 
for the opposition to ``stay out of the political arena.'' He further 
stated on February 11 in a public address on the anniversary of the 
1979 Islamic Revolution that the council ``will not allow any unsavory 
individuals to obtain the smallest position in the country, regardless 
of their popularity.''

    Political Parties.--The constitution allows for the formation of 
political parties; however, the Interior Ministry granted licenses only 
to parties with ideological and practical adherence to the system of 
government embodied in the constitution. There were more than 230 
registered political organizations that generally operated without 
restriction or outside interference, but most were small entities, 
often focused around an individual, and did not have nationwide 
membership. Members of political parties and individuals with any 
political affiliation that the government deemed unacceptable faced 
harassment, violence, and sometimes imprisonment. Reformist university 
students and professors faced dismissal (see section 2.a., Academic 
Freedom and Cultural Events).
    The government banned several opposition organizations and 
political parties during the year. For example, in March authorities 
banned the Assembly of Lecturers and Scholars of Qom Seminary, a 
clerical organization formed by supporters of former reformist 
president Mohammad Khatami. Also, on November 4, the election office 
banned three reformist political parties from participating in the 
March 2012 legislative elections. The Islamic Participation Front, 
Islamic Revolution Mujaheddin Organization, and Freedom Movement of 
Iran allegedly did not have the licenses required to run for the 
Majlis. The Islamic Participation Front and the Islamic Revolution 
Mujaheddin Organization were banned in September 2010 after they 
protested the controversial results from the 2009 presidential 
elections.
    Security officials continued a campaign of harassment, 
intimidation, and arrests against members of the political opposition 
(see also section 1.e., Political Prisoners and Detainees). Many 
analysts indicated such tactics were carried out in an effort to 
further stifle dissent in advance of the anticipated March 2012 Majlis 
elections.
    For example, on November 3, authorities arrested Mohammad 
Tavassoli, head of the political bureau of the Freedom Movement in 
connection with an October 15 letter to Mohammad Khatami, signed by 143 
political activists, warning Khatami about their lack of hope for free 
or fair elections. Tavassoli, a former mayor of Tehran, was previously 
arrested after the disputed 2009 elections. Relatives told the ICHRI 
that authorities were pressuring Tavassoli's relatives not to talk to 
the media about him. At year's end he was being held incommunicado.
    Former presidential candidates Mehdi Karroubi and Mir Hossein 
Mousavi were being held under de facto house arrest since 2009 (see 
section 1.d., Arbitrary Arrest and Detention).

    Participation of Women and Minorities.--According to the Guardian 
Council's interpretation, the constitution barred women and persons of 
non-Iranian origin or religions other than Shia Islam from becoming 
president or from running in parliament. Women were also barred from 
serving as supreme leader; as members of the Assembly of Experts, 
Guardian Council, or Expediency Council (a body responsible for 
mediating between the Majlis and the Guardian Council and serving as a 
consultative council for the supreme leader); and as certain types of 
judges (see section 6, Women). On November 20, ISNA reported that Minou 
Kianirad was appointed the first female deputy governor of the central 
bank since the 1979 revolution. Four women served in the cabinet: the 
vice presidents for legal affairs and science and technology, the 
minister of health, and the head of the National Youth Organization. 
Eight women, in a total of 290 seats, served in the Majlis during the 
year.
    Five Majlis seats were reserved for recognized religious 
minorities. Other ethnic minorities in the Majlis included Arabs and 
Kurds. There were no non-Muslims in the cabinet or on the Supreme 
Court.
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 official 
corruption and impunity remained a serious and ubiquitous problem in 
all three branches of government. Many officials expected bribes for 
providing even routine service. Individuals routinely bribed officials 
to obtain permits for illegal construction.
    According to Freedom House, the hardline clerical establishment 
grew wealthier through its control of ``bonyads,'' tax-exempt 
foundations that monopolize many sectors of the economy, such as cement 
and sugar production. Bonyads receive benefits from the government but 
are not required to have their budgets publicly approved.
    All government officials, including cabinet ministers and members 
of the Guardian Council, Expediency Council, and Assembly of Experts, 
were required to submit annual financial statements to the state 
inspectorate. There was no information available regarding whether 
these officials obeyed the law.
    Numerous government agencies existed to fight corruption, including 
the Anticorruption Headquarters, Anticorruption Task Force, Committee 
to Fight Economic Corruption, and General Inspection Organization.
    The IRGC operated numerous front companies that were engaged in 
illicit trade and business activities. The IRGC includes a construction 
arm (Khatam ol-Anbiya) that had extensive economic operations and ties 
to the oil sector and benefited from corruption within that sector. The 
IRGC also had economic interests in the telecommunications, 
construction, and mining sectors and direct access to the country's 
foreign exchange reserves.
    On July 31, Ahmad Ghaleh Bani, director of the National Iranian Oil 
Company and deputy oil minister, stated that Khatam ol-Anbiya had been 
awarded approximately 2.5 trillion toman ($2.5 billion) in contracts to 
develop the country's oil and gas sector since 2009 and that most of 
these contracts were awarded without bidding, according to numerous 
press accounts. On August 3, the Majlis approved President 
Ahmadinejad's choice, Rostam Qassemi, to be the new oil minister; he 
previously served as the head of Khatam ol-Anbiya. This appointment 
resulted in additional no-bid contract awards for Khatam ol-Anbiya.
    The oil sector was embroiled in financial scandal throughout the 
year. In May opposition Web sites reported that on March 10, Khamenei 
decreed that all oil and gas contracts would be awarded by Petro Nahad, 
a new entity established within his office and not subject to 
parliamentary or regulatory oversight. All revenues would be deposited 
into an account belonging to that organization. Further, according to 
these reports, all administrative and financial decisions of Petro 
Nahad were to be controlled by a three-person board of directors, whose 
members included Khamenei's son, Mojtaba Khamenei, and Gholamali Haddad 
Adel, a member of the Expediency Council and Mojtaba's father-in-law.
    On March 18, reformist publications reported the alleged 
disappearance of 124 billion toman ($124 million) in oil revenues from 
government foreign exchange reserves. According to reports, Majlis 
members formed a commission to investigate what had become of some 48 
billion toman ($48 million) in missing oil revenues from the state-
owned petroleum sector. Another 68 billion toman ($68 million) in 
receivables from foreign oil purchasers had disappeared as well, 
according to a member of the Majlis Energy Committee. There were no 
updates on the status of this investigation or any reports stemming 
from it by year's end.
    The banking sector was also plagued by scandal and corruption 
during the year. In September the media uncovered the embezzlement of 
2.6 trillion toman ($2.6 billion) during a two-year period by the 
financial conglomerate Amir Mansour Arya Investment Development 
Company, established in 2004 with $50,000 in capital. The owners of the 
organization obtained allegedly falsified letters of credit to obtain 
additional financing. The Arya Group was accused of using the loans to 
purchase assets of privatized state-owned enterprises.
    On October 30, a member of the Majlis investigative commission read 
its report on the banking scandal in open session and sent it to the 
judiciary for prosecution of those found guilty of crimes. Although the 
report did not shed new light on the investigation, it suggested the 
deputy minister of economic affairs and the deputy head of the Central 
Bank were the two highest-level officials responsible for the affair 
and should either be fired or resign. On November 28, the chief 
prosecutor stated that more than 50 suspects had been indicted and that 
40 companies had been found to harbor unreported debts and 
irregularities connected with the fraud. By year's end at least 48 
people had been arrested in connection with the case, including the son 
of President Ahmadinejad's chief of staff and the deputy head of the 
Central Bank, Hamid Pourmohammadi. In addition, a deputy minister of 
finance and economy, Asghar Abolhassani Hastiani, was forced to resign; 
the chief executive officer of Bank Melli, Mahmoud Reza Khavari, 
resigned and fled to Canada; and the head of Bank Saderat, Mohammad 
Jahromi, resigned. Minister of Economy Shamsoddin Hosseini survived a 
Majlis impeachment vote on November 1.
    On October 31, the Majlis Social Security Investigative Committee 
reported further financial violations. Chairman Soleiman Jafarzadeh 
said his committee had unearthed financial violations totaling one 
trillion toman ($1 billion) at 150 subsidiaries of the Social Security 
Investment Company, which managed the Social Security Investment Fund 
and the Civil Servants Pension Fund. At year's end no action had been 
taken on this report.
    First Vice President Mohammad Reza Rahimi remained in his position, 
although an investigation into his alleged corruption continued.
    There were no laws providing for public access to government 
information.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government restricted the work of human rights groups and 
activists and often responded to their inquiries and reports with 
harassment, arrests, monitoring, unlawful raids, and closures (see also 
sections 1.d., 1.e., 2.a., 6, and 7). The government continued to deny 
the universality of human rights and stated that human rights issues 
should be viewed in the context of a country's ``culture and beliefs.''
    Hundreds of domestic NGOs focused on issues such as health and 
population, women's rights, development, disability, youth, 
environmental protection, human rights, minority rights, and 
sustainable development, despite the restrictive environment, including 
pressure not to accept foreign grants. Professional groups representing 
writers, journalists, photographers, and others attempted to monitor 
government restrictions in their respective fields, as well as 
harassment and intimidation against individual members of their 
professions. Under the law NGOs must register with the Interior 
Ministry and apply for permission to receive foreign grants. According 
to various sources, independent human rights groups and other NGOs 
faced intensifying harassment and threat of closure from government 
officials as a result of prolonged and often arbitrary delays in 
obtaining official registration.
    During the year the government prevented human rights defenders, 
civil society activists, journalists, and scholars from traveling 
abroad (see section 2.d.). Human rights activists reported receiving 
intimidating phone calls and threats of blackmail from unidentified law 
enforcement and government officials. Government officials routinely 
harassed and sometimes arrested family members of human rights 
activists (see section 1.f.). Courts routinely applied suspended 
sentences to human rights activists; this form of sentencing acted as 
de facto probation, leaving open the option for authorities to suddenly 
and arbitrarily arrest or imprison individuals. This threat was 
sometimes enough to silence activists or pressure them into providing 
information about other activists.
    The government continued to exert significant pressure on the DHRC, 
an NGO headed by Nobel Peace Prize laureate Shirin Ebadi, and 
systematically harassed, arrested, and prosecuted lawyers and others 
affiliated with the organization. According to media reports in 
November, at least 40 lawyers had been arrested and imprisoned since 
the 2009 postelection protests. For example, on March 14, according to 
an interview with the BBC Persian service, Branch 26 of the 
Revolutionary Court sentenced Abdolreza Tajik, a journalist who 
prepared reports for the DHRC, to five years in prison for his 
membership in the organization and an additional one-year prison term 
for ``propaganda against the regime.'' At year's end he remained in 
prison. On July 3, according to various human rights groups, Branch 15 
of the Revolutionary Court sentenced Mohammad-Ali Dadkhah, a DHRC 
member and an attorney for several political activists, to nine years 
in prison, a 10-year ban from practicing as an attorney or teaching at 
a university, and five lashes. The charges against him included 
``propaganda against the regime'' and ``distortion of members of the 
regime,'' as well as owning an illegal satellite dish. However, at 
year's end Dadkhah reportedly continued to practice law. On September 
10, security forces arrested DHRC founding member Abdolfattah Soltani, 
and at year's end he remained in prison (see section 1.f.). On 
September 28, Branch 26 of the Revolutionary Court in Tehran sentenced 
Narges Mohammadi, the DHRC's executive chairperson, to 11 years in 
prison for ``propaganda against the regime.'' At year's end she 
remained in prison.
    Despite numerous appeals, including from the U.N., the government 
denied requests from all international human rights NGOs to establish 
offices in, or conduct regular investigative visits to, the country. 
The last visit by an international human rights NGO was AI's 2004 visit 
as part of the EU's human rights dialogue with the country.

    U.N. and Other International Bodies.--The International Committee 
of the Red Cross and the UNHRC both operated in the country with some 
restrictions. The last visit by a U.N. human rights agency was in 2005. 
The government generally ignored recommendations these bodies made and 
failed to submit required reports to the UNHRC or the U.N. Committee on 
Economic, Social, and Cultural Rights. The government ignored repeated 
requests for visits by U.N. special rapporteurs.
    In March the UNHRC adopted a resolution establishing a new special 
procedure country mandate, which established a human rights rapporteur 
for the country. On June 17, the UNHRC appointed Ahmed Shaheed as the 
special rapporteur to fulfill the mandate; he officially commenced on 
August 1. The government repeatedly denied Shaheed's requests to visit 
the country, preventing him from traveling to the country during the 
year. Iranian officials denounced his report as ``one-sided,'' 
outdated, and speculative, and they ignored his repeated calls for 
cooperation and access. The government undertook a media campaign 
during the year to undermine the mandate of the special rapporteur, 
including a Web site mimicking the women's rights-focused One Million 
Signatures campaign but actually advocating opposition to the special 
rapporteur. The government also publicly criticized the report and the 
special rapporteur in the media frequently, along with the September 
report of the U.N. secretary-general condemning the depth and breadth 
of human rights abuses in the country.
    On December 19, for the ninth consecutive year, the U.N. General 
Assembly adopted a resolution expressing concern about the country's 
``serious ongoing and recurring human rights violations.''

    Government Human Rights Bodies.--The governmental High Council for 
Human Rights was headed by Mohammad Javad Larijani, the brother of Ali 
Larijani, speaker of the parliament, and Sadeq Larijani, head of the 
judiciary. The High Council is not an independent body; it is part of 
the judiciary. Larijani, a former Majlis member, was also an adviser to 
the supreme leader. The High Council in practice defended court rulings 
regarding imprisoned human rights activists, defenders, and opposition 
leaders throughout the year, despite domestic and international 
pressure. It did not establish any independent inquiries into 2009 
postelection protest violence, and there was no instance of it 
challenging any laws or court rulings during the year. During the year 
Larijani defended the arrest and imprisonment of several high-profile 
human rights defenders, including Abdolfattah Soltani, and the house 
arrest of opposition leaders Mousavi and Karroubi at the U.N. and in 
media interviews on numerous occasions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the constitution formally prohibits discrimination based 
on race, gender, disability, language, and social status ``in 
conformity with Islamic criteria,'' the government did not effectively 
enforce these prohibitions. The government increased gender segregation 
and discrimination against women throughout the year.

    Women.--Rape and Domestic Violence.--Rape is illegal and subject to 
strict penalties including execution, but it remained a problem, and 
the government did not enforce the law effectively. There were reports 
of government forces raping individuals in custody (see sections 1.a. 
and 1.c.). Sex within marriage is considered to be consensual by 
definition, and therefore spousal rape is not illegal. Cases of rape 
were difficult to document due to social stigma against the victims. 
Most rape victims did not report the crime to authorities because they 
feared punishment for having been raped, as they could be charged with 
adultery for being in the presence of an unrelated male while 
unaccompanied, indecency, or immoral behavior. They also feared 
societal reprisal such as ostracism. According to the penal code, rape 
is a capital offense, and four Muslim male witnesses or a combination 
of three male and two female witnesses to the rape itself are required 
for conviction. The stringent witness requirement was also a possible 
reason for low reporting of rape to authorities. A woman or man found 
making a false accusation of rape is subject to 80 lashes.
    According to the BBC, during the year there were several high-
profile gang rapes. In one case, near the city of Isfahan, more than a 
dozen armed men reportedly entered a small private party, locked the 
men in a room, and took the women to an adjacent property and raped 
them at knifepoint. Four attackers were later arrested, but the town's 
police commander reportedly stated, ``I believe the raped women's 
families are to blame, because if they had proper clothing and if the 
sound of their music was not so loud, the rapists would not have 
imagined it as a depraved get-together.'' Reports indicated the victims 
may have faced legal action. At year's end there was no public 
information on whether charges had been filed against the alleged 
attackers.
    The law does not specifically prohibit domestic violence. Spousal 
abuse and violence against women was common. On November 4, the UNHRC 
issued a statement condemning the lack of laws protecting women from 
domestic violence as well as the lack of investigation, prosecution, 
and punishment of perpetrators of domestic violence. The Census Bureau, 
an official government agency, has precluded international 
organizations from performing studies of domestic violence in the 
country and has never conducted its own study of violence against 
women.
    The director of the Iranian National Social Emergency Unit, 
physician Majid Arjomandi, told Pupils Association News Agency on 
November 1 that there were approximately 8,000 domestic violence cases 
reported to his organization. According to a University of Tehran study 
published on June 15, a woman is physically abused every nine seconds 
in the country, and an estimated three to four million women are 
battered each year by their husbands. One of every two marriages had at 
least one instance of domestic violence. Abuse in the family was 
considered a private matter and seldom discussed publicly, although 
there were some efforts to change this attitude, particularly by the 
One Million Signatures campaign. Some nongovernmental shelters and 
hotlines assisted victims during the year.

    Harmful Traditional Practices.--According to the law, if a father 
or paternal grandfather kills his child or grandchild, he will not be 
convicted and punished for murder. The law also permits a man to kill 
his adulterous wife and her consorts if he is certain she consented. 
Women convicted of adultery may also be sentenced to death, including 
by stoning. There were no official reports of honor killings during the 
year, although human rights activists stated that they often occurred 
out of the public eye. There were also no reports of women being stoned 
for adultery, although there were women imprisoned for adultery during 
the year.

    Sexual Harassment.--There are laws addressing sexual harassment in 
the context of physical contact between men and women; however, these 
laws are not victim-oriented and are biased against women. Physical 
contact between unrelated men and women is strictly prohibited and is 
punishable by lashing. There was a lack of reliable data on the 
prevalence of sexual harassment in the country. Media reports indicated 
that unwanted physical contact and verbal harassment occurred. 
Government officials, however, often blamed women's sexuality for 
problems in society. For example, in April 2010 cleric Kazem Sadighi 
stated, ``Many of the ladies who do not have a proper appearance cause 
the hearts of the youth to be swayed and they become defiled by sin, 
and this leads to the spread of adultery in society, which increases 
earthquakes.''

    Reproductive Rights.--The law recognizes the basic right of married 
couples to decide freely and responsibly the spacing and timing of 
their first three children and have the information and means to do so 
free from discrimination, coercion, and violence. According to the law, 
health and maternity benefits are cut for the family after three 
children. There were no restrictions on the right of married persons to 
access contraceptives. It is illegal for a single woman to access 
contraception, although in practice women had access, particularly in 
urban areas. Couples who plan to marry must take a class in family 
planning. Men and women received equal access to diagnosis and 
treatment of sexually transmitted infections, including HIV. However, 
women requested testing less regularly than men, likely because of 
social stigma attached to doing so.

    Discrimination.--The constitution nominally provides women with 
equal protection under the law and all human, political, economic, 
social, and cultural rights in conformity with Islam; however, 
provisions in the Islamic civil and penal codes--based on Sharia--
particularly sections dealing with family and property law, 
discriminate against women. Societal discrimination also restricted 
women's economic, social, and cultural rights. The governmental Center 
for Women and Family continued to publish reports on feminism with a 
very religious conservative slant and limited the debate on women's 
issues to matters related to the home. Ideas contrary to the government 
or to its interpretation of Islam were not raised by the center.
    Women cannot directly transmit citizenship to their children or to 
a noncitizen spouse (see section 6, Children). According to media 
reports, there were officially 30,000 female citizens married to Afghan 
men, although the unofficial number was likely much higher (see section 
2.d., Stateless Persons).
    The government does not recognize marriages between Muslim women 
and non-Muslim men, irrespective of their citizenship.
    The law states that a virgin woman or girl wishing to wed needs the 
consent of her father or grandfather or the court's permission, even if 
she is older than 18.
    The law permits a man to have as many as four wives and an 
unlimited number of ``sigheh,'' based on a Shia custom in which a woman 
may become the wife of a Muslim man after a simple religious ceremony 
and a civil contract outlining the union's conditions. Sigheh wives and 
any resulting children are not granted rights associated with 
traditional marriage.
    A woman has the right to divorce only if her husband signs a 
contract granting that right, cannot provide for his family, or is a 
drug addict, insane, or impotent. A husband is not required to cite a 
reason for divorcing his wife. Traditional interpretations of Islamic 
law recognize a divorced woman's right to part of shared property and 
to alimony. These laws were not enforced. On June 21, the Supreme Court 
voted in favor of a law allowing women to withhold sex from their 
husbands if the husbands refuse to pay alimony. (Under the law alimony 
can be requested during the marriage as well as after a divorce.) 
According to ISNA, if the alimony is not paid, the wife can ``reject 
all legal and religious obligations'' to her husband. If the alimony is 
not paid after the divorce, the woman can sue her ex-husband in court. 
Despite this new ruling, the ability of a woman to seek divorce was 
still extremely limited in practice.
    The law provides divorced women preference in custody for children 
up to age seven; divorced women who remarry must give the child's 
father custody. After the child reaches age seven, the father is 
entitled to custody (unless the father has been proven unfit to care 
for the child). The court determines custody in disputed cases.
    Women sometimes received disproportionate punishment for crimes 
such as adultery, including death sentences (see sections 1.a. and 
1.e., Trial Procedures). The testimony of two women is equal to that of 
one man. The blood money paid to the family of a female crime victim is 
half the sum paid for a man.
    Women had access to primary and advanced education, and 
approximately 65 percent of university students were women. Government 
officials acknowledged the use of quotas to limit women's university 
admissions in certain fields such as medicine and engineering.
    Social and legal constraints limited women's professional 
opportunities. Women were represented in many fields, including the 
legislature, municipal councils, police, and firefighters, but a woman 
must seek her husband's consent before working outside the home. 
Despite the high prevalence of women in universities, the unemployment 
rate for women was nearly triple that of their male counterparts. 
According to the World Economic Forum's 2011 report on the global 
gender gap, women in the country earned on average two-thirds of a 
man's salary for the same job. One Majlis member suggested that banning 
women from the workplace could solve the country's unemployment 
problems. Women cannot serve in many high-level political positions or 
as judges except as consultant or research judges without the power to 
impose sentences.
    Women faced discrimination in home and property ownership, as well 
as access to financing. On September 14, a major contruction 
development company, Mehr Housing, began refusing to allow women to buy 
property, requiring their husbands' name to be on the deed and 
mortgage.
    The government enforced gender segregation in most public spaces, 
including for patients during medical care, and prohibited women from 
mixing openly with unmarried men or men not related to them. Women must 
ride in a reserved section on public buses and enter public buildings, 
universities, and airports through separate entrances. In a sermon 
honoring Fatemeh Zahra, daughter of the Prophet Mohammad, on May 5, 
grand ayatollah and Shiite legal authority Safi Golpaygani stated, ``In 
the optimal situation, a woman will not see any other man except her 
husband.'' He added that such contact is ``most unfortunate'' and that 
the mingling of women and men is so prevalent that it leads to mental 
illness and moral corruption.
    On July 3, Greater Tehran Law Enforcement Forces commander Hossein 
Sajedinia announced that, from July 11, women would not be allowed into 
coffee houses that provide water pipes. He stated the new measure had 
been decided ``after repeated requests from the people, particularly 
families.'' Enforcement of morality laws became stricter after new 
``morality patrols'' were deployed on June 15. Sajedinia threatened 
coffee house owners with prosecution if they did not adhere to the new 
code. On October 26, the Skating Federation announced that the 
country's roller skating tracks would be gender segregated and that 
female skaters who disregarded Islamic dress codes would be disciplined 
by authorities. On November 1, according to Shahrzad News, the Health 
Ministry relaunched an initiative to gender-segregate hospitals. 
According to the deputy health minister for patient care, Hasan Emami 
Razavi, ``Every province will have a major general hospital for women 
only . . . [T]he one problem we have is that there are not enough women 
to drive the emergency ambulances.'' On November 14, police issued a 
directive banning women from skiing unaccompanied. Under the new 
measure, girls under 18 must be on the ski slopes with a parent, and 
those over 18 must be accompanied by their husbands.
    For the first time, boys and girls had to sit in separate 
classrooms at universities when the new school year began in October. 
Majlis member Ali Karimi-Firouzjai, a member of the Majlis Education 
and Research Committee, stated: ``The higher education minister has 
announced that some universities will hold separate courses for males 
and females in the new academic year. The grand ayatollahs and the 
families have warned against any contact between students of opposite 
sexes.''
    The penal code provides that a woman who appears in public without 
an appropriate hijab can be sentenced to lashings and fined. However, 
absent a clear legal definition of ``appropriate hijab'' or the 
punishment, women were subject to the opinions of disciplinary forces 
or judges. Pictures of uncovered or ``immodestly'' dressed women in the 
media or in films were often digitally altered.
    According to the U.N. secretary-general's report on the situation 
of human rights in the country, on May 9, the commander of the morality 
police forces disclosed that thousands of morality personnel had been 
deployed across the country to implement the moral security plan. On 
June 10, Ahmadreza Radan, deputy commander of the police force, 
announced that June 15 would usher in a new drive against un-Islamic 
female dress. Radan's plan was expected to crack down harder on 
inappropriate public dress and dole out harder punishments for women 
that did not comply. According to the new rules, women who fail to 
comply with the harsher dress code standards will be imprisoned between 
10 days to two months. Under these rules female students are banned 
from wearing bright clothes, having long nails or tattoos, wearing caps 
or hats without scarves, and wearing tight jeans or shorts.
    The government continued its intense crackdown against members of 
the OMSC, which activists launched in 2006 to promote women's rights, 
particularly by advocating reform of discriminatory laws. Several OMSC 
members remained under suspended prison sentences and travel bans, were 
in prison, or were in self-imposed exile at year's end. For example, on 
May 11, security forces from the Intelligence Ministry arrested Mayram 
Bahreman, a civil society activist involved in the defense of women's 
rights. Bahreman had been active in the OMSC in Shiraz. She was 
arrested along with Mahoubeh Karami (see below).
    There were developments in several cases from previous years. In 
February, according to the Observatory for the Protection of Human 
Rights Defenders, Branch 54 of the Appeal Court of Tehran sentenced 
Mahoubeh Karami to three years' imprisonment on charges of ``membership 
in a human rights activists association'' and ``propaganda against the 
regime.'' On May 15, after being rearrested, she entered Evin Prison, 
where she remained at year's end.
    In March 2010, according to the RAHANA, Branch 15 of the 
Revolutionary Court acquitted Khadijeh Moghaddam on two counts of 
``propaganda activity against the regime'' and disobeying police orders 
but sentenced her to a one-year suspended prison term for assembly and 
conspiracy with intent to act against national security. On December 
18, she received a human rights award from the city of Bochum, Germany, 
for her work as a women's rights activist and member of Mothers of 
Laleh Park, Mothers for Peace, and the OMSC. At year's end Moghaddam 
was living in exile in Germany. In 2009 security forces detained 
Moghaddam for approximately one month with 11 other members from the 
OMSC and the NGO Mothers for Peace, including Mahboubeh Karami and 
Maryam Bahreman, as the group met to make traditional Nowruz (New Year) 
visits to families of several political prisoners. The ICHRI suggested 
that security and intelligence forces eavesdropped on the activists' 
private communications to apprehend them. Bahreman was arrested May 11 
and released on 250 million toman ($250,000) bail September 15. Karami 
was arrested in March 2010 and detained for 170 days. On February 11, 
Karami was sentenced to three years in prison by Branch 54 of the 
appellate court of the Revolutionary Courts by Judge Movahed. Karami 
was charged with membership in a human rights organization, spreading 
of ``propaganda against the regime,'' and gathering and colluding with 
the ``intent of harming national security.'' She was arrested on May 15 
to begin serving her three-year sentence. She was reportedly in poor 
health in Evin Prison and at risk of falling into a coma from her 
untreated anemia.

    Children.--Birth Registration.--Citizenship is derived from a 
child's father, regardless of the child's country of birth. In general, 
birth within the country's borders does not confer citizenship except 
when a child is born to unknown parents; when both parents are 
noncitizens, but at least one parent was born in the country; or when a 
child born to noncitizens continues to reside in the country for at 
least one year after age 18. The birth registration law requires that 
all births be registered within 15 days. According to UNICEF, 13 
percent of births were not reported in 2005; more recent statistics 
available were not available.

    Education.--Although primary schooling up to age 11 is free and 
compulsory for all, the media and other sources reported lower 
enrollment in rural areas for girls than for boys. This gender 
disparity is largely due to cultural differences from the urban 
centers, lower education among the parents, and stronger religious 
influence. More than 25 percent of refugee children of primary school 
age were not enrolled in school either due to the lack of 
identification cards or available places in schools (see section 2.d., 
Protection of Refugees and Stateless Persons).

    Child Abuse.--There was little information available to reflect how 
the government dealt with child abuse. Abuse was largely regarded as a 
private family matter. According to ISNA, more than 7,000 cases of 
child abuse were officially reported during the year. On December 13, 
the managing director of the Office for Protection of Vulnerable 
Citizens stated that his office received calls from more than 215,000 
persons during the year, of which approximately 93,000 were calls 
directly from victims and an additional 47,000 were by medical 
professionals who treated emergency cases. In May 2010 the government 
announced that approximately 150,000 cases of child abuse had been 
recorded in the six months prior. A prominent attorney noted that the 
government did little to address the problem.

    Child Marriage.--The law requires court approval for the marriage 
of girls younger than 13 and boys younger than 15, but it was 
reportedly not unusual in rural areas for parents to have their 
children marry before they became teenagers, often for economic 
reasons. The age of criminal responsibility for girls is nine years, 
while the law does not consider boys criminally responsible until age 
15. For example, if a 12-year-old girl accused a 14-year-old boy of 
rape, the 12-year-old girl would face any criminal penalties alone. Sex 
outside of marriage is illegal and is punishable by death, although the 
media reported that the common punishment was imprisonment and lashing. 
In December the director general of the Census Bureau in Hormozgan 
announced that there had been five marriages of girls under age 10 in 
his province. The government did not investigate these cases or begin 
any prevention campaigns, as these marriages were not considered 
illegal.

    Sexual Exploitation of Children.--Sex is considered consensual if 
it is within the confines of marriage. As such, the age requirements 
for marriage apply to consensual sex. The law prohibits all forms of 
pornography, including child pornography.
    Children were trafficked within the country for commercial sexual 
exploitation, sometimes through forced marriages in which girls' new 
``husbands'' forced them into prostitution and involuntary servitude as 
beggars or laborers to pay debts, provide income, or support drug 
addiction of their families. The government did not report any law 
enforcement efforts during the year to punish trafficking offenders and 
continued to lack any victim protection measures. Foreign victims of 
trafficking are, by government policy, detained and deported; citizens 
are either jailed or turned away by the police when they attempt to 
seek protection. The government made no discernible efforts to address 
the widespread government corruption that facilitated trafficking.

    Child Soldiers.--According to a March 12 article in The Guardian, 
human rights activists including the ICHRI reported that the government 
deployed child soldiers between the ages of 12 and 16 to attack 
opposition demonstrators beginning on March 1. The youths, whose 
accents led witnesses to say they had been shipped into Tehran from 
rural areas, were armed with clubs, batons, and air guns.

    Displaced Children.--There were reportedly significant numbers of 
children working as street vendors in Tehran and other cities and not 
attending school. International media sources reported there were as 
many as 250,000 street children in the country.

    International Child Abduction.--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 travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html, as well as country-specific information at 
travel.state.gov/abduction/country/country--3781.html.

    Anti-Semitism.--The government's anti-Israel stance, in particular 
the president's repeated speeches decrying the existence of Israel and 
calling for the destruction of its ``Zionist regime,'' created a 
threatening atmosphere for the 25,000-person Jewish community. For 
instance, during the fifth annual ``Conference in Support of the 
Palestinian Intifada,'' the president echoed his previous comment that 
Israel was a ``cancerous tumor'' that was impacting the entire world. 
On October 1, alongside the start of this conference, Khamenei 
announced the publication of his new book in which he states, ``Israel 
is a country with no origin or provenance--a fake country, a false 
nation.Wherever evil Jews existed, they were gathered together [and 
sent] there to [Palestine].'' Government officials continued to make 
anti-Semitic statements, organize events designed to deny the 
Holocaust, and sanction anti-Semitic propaganda. The government also 
limited distribution of nonreligious Hebrew texts and required Jewish 
schools to remain open on the Jewish Sabbath.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The law generally prohibits 
discrimination against persons with disabilities by government actors, 
with some notable exceptions. For example, the laws did not apply to 
private actors, and the electoral laws prohibit blind and deaf 
individuals from running for parliament. While the law provides for 
state-funded vocational education for persons with disabilities, 
according to domestic news reports, vocational centers were confined to 
urban areas and unable to meet the needs of the entire population. 
There are laws ensuring public accessibility concerning government-
funded buildings, and new structures appeared to have high-level access 
for physically disabled individuals. There also were efforts to 
increase accessibility of historical sites. However, government 
buildings themselves remained largely inaccessible, and general 
building accessibility for persons with disabilities remained a 
widespread problem. There was limited access to information, education, 
and community activities by persons with disabilities in the country.
    With respect to the prohibition of blind and deaf individuals 
running for the Majlis, the Shahrzad News reported on November 14 that 
67 Majlis members requested permission to bring a floor debate on the 
issue, but their motion was denied.
    The Welfare Organization of Iran is the principle governmental 
agency charged with protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The constitution grants equal 
rights to all ethnic minorities and allows for minority languages to be 
used in the media and in schools. In practice minorities did not enjoy 
equal rights, and the government consistently denied their right to use 
their language in school. The government disproportionately targeted 
minority groups, including Kurds, Arabs, Azeris, and Baluchis, for 
arbitrary arrest, prolonged detention, and physical abuse (see also 
section 1.e., Political Prisoners and Detainees). These groups reported 
political and economic discrimination, particularly in their access to 
economic aid, business licenses, university admissions, permission to 
publish books, and housing and land rights. The government blamed 
foreign entities, including a number of governments, for instigating 
some of the ethnic unrest.
    There are between five and 11 million ethnic Kurds in the country, 
who have frequently campaigned for greater regional autonomy. There 
were two terrorist organizations inside the Kurdish province; however, 
they did not represent the majority of the Kurdish population. 
Nevertheless, the government persecuted the entire minority for 
criminal acts sponsored by the two organizations. According to a 2009 
HRW report, the government used security laws, media laws, and other 
legislation to arrest and persecute Kurds solely for exercising their 
right to freedom of expression and association. The government 
reportedly banned Kurdish-language newspapers, journals, and books and 
punished publishers, journalists, and writers for opposing and 
criticizing government policies. Although the Kurdish language is not 
banned, schools did not teach it. Authorities suppressed legitimate 
activities of Kurdish NGOs by denying them registration permits or 
bringing spurious charges of security offenses against individuals 
working with such organizations. Kurds were not allowed to register 
certain names for their children in official registries.
    There were several instances of Kurdish activists sentenced for 
political crimes during the year. For example, on January 31, the 
Revolutionary Court in Kermanshah sentenced Kaveh Ghassemi Kermanshahi, 
a journalist and human rights activist, to five years in prison. 
Kermanshahi was an executive member of the Kurdistan Human Rights 
Organization and the OMSC. He was also a member of the student 
organization Daftar Tahkim Vahdat. The court charged Kermanshahi with 
``acting against national security'' and ``propaganda against the 
regime.'' His lawyer described his long sentence as ``unprecedented.''
    In mid-June the Saqqez Revolutionary Court, in Kurdistan Province, 
found Mohammad Moniri, a Kurdish teacher, guilty on charges of 
cooperating with opposition groups and propaganda against the regime. 
The court originally sentenced Moniri to five years in prison, but his 
sentence was reduced to six months. Moniri entered prison on June 19.
    Foreign representatives of the Ahvazi Arabs of Khuzestan claimed 
their community of two to four million in the country's southwest 
encountered oppression and discrimination, including torture and 
mistreatment of Ahvazi Arab activists and the lack of freedom to study 
and speak Arabic.
    On April 15, authorities violently oppressed a protest organized by 
ethnic Arabs in the Khuzestan region. Security forces reportedly fired 
live rounds into the crowd. It was estimated that a dozen demonstrators 
were killed and scores more injured. The RSF reported that authorities 
arrested up to 97 protesters. The demonstrators were commemorating the 
sixth anniversary of a 2005 demonstration that security forces 
violently suppressed. The government insisted that the report was 
fabricated. On the same day, a representative from the Ahvazi 
Organization for the Defense of Human Rights, based in London, told HRW 
that, since April 15, security forces had ``killed 48 innocent 
protesters, injured tens, and arrested hundreds of Ahvazis.'' On April 
18, Nobel Peace Prize laureate Shirin Ebadi wrote a letter about the 
incident to the U.N. high commissioner for human rights. According to 
Ebadi, hundreds of people in the city of Ahvaz had gathered for a 
peaceful demonstration against the government's discrimination towards 
its Sunni minority. The country's semiofficial news agency Fars 
reported that only one person had been killed during the protests.
    On May 11, according to an official report from the Khuzestan 
district attorney, seven young Arabs had been executed in the 
preceeding days in the town of Ahvaz. However, posts on Facebook 
reported that nine young Arab activists from Ahvaz had been executed. 
Official sources claimed that those executed were criminals dealing in 
drugs, although such claims often were leveled as justification to 
execute political activists from the Arab minority. The Arab minority 
in Ahvaz asked for the intervention of global human rights 
organizations.
    Ethnic Azeris comprised approximately one-quarter of the country's 
population, were well integrated into government and society, and 
included the supreme leader among their numbers. Nonetheless, Azeris 
complained that the government discriminated against them, banning the 
Azeri language in schools, harassing Azeri activists or organizers, and 
changing Azeri geographic names. Azeri groups also claimed a number of 
Azeri political prisoners had been jailed for advocating cultural and 
language rights for Azeris. The government charged several of them with 
``revolting against the Islamic state.''
    According to the ICHRI, during the six-month period from March 21 
to September 21, more than 320 cultural, political, women's rights, and 
human rights activists were arrested in the Azeri provinces. Most of 
these arrests concerned the protests about the drying out of Lake 
Urmiya, one of the largest saltwater lakes in the world. According to 
international media reports, protesters, who claimed that the 
government did not act to save the lake partly due to its location in 
the minority Azeri province, chanted, ``Long live Azerbaijan,'' and 
``Urmiya is thirsty / Azerbaijan must rise up, otherwise it will 
lose.'' As a result of these arrests, Azeri activists were beaten, 
flogged, tortured, fined, and expelled from university.
    Iran Green Voice announced that in late May that a Revolutionary 
Court sentenced seven Azeri activists--Yunes Soleymani, Mahmmud Fazli, 
Naim Ahmmadi, Aydin Khajehei, Sharam Radmehr, Yashar Karimi, and 
Hamideh Frajazade--to six months in prison for membership in the Azeri 
Party's Central Committee. A six-month suspended sentence was given to 
activists Alireza Abdollahi, Behbud Gholizade, and Akbar Azad, for a 
five-year probation period. Another activist, Hassan Rahimi, was 
cleared on all counts after being held in solitary confinement for four 
months.
    Local and international human rights groups alleged serious 
economic, legal, and cultural discrimination against the Baluch 
minority during the year. Baluch journalists and human rights activists 
faced arbitrary arrest, physical abuse, and unfair trials, often ending 
in execution.
    On June 6, a revolutionary court in Baluchistan Province sentenced 
Sakhi Rigi to 20 years in prison on charges of ``acting against 
national security'' and ``propaganda against the regime,'' based on his 
blogging and other Internet activities relating to the government's 
discriminatory treatment of the Baluch community.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law criminalizes 
consensual same-sex sexual activity. A man can be put to death for 
same-sex sexual acts if he is of legal age, of sound mind, and engaged 
of his own free will. The Special Protection Division, a volunteer unit 
of the judiciary, monitored and reported on ``moral crimes,'' including 
same-sex sexual acts. According to a December 2010 HRW report, security 
forces used discriminatory laws to harass, arrest, and detain 
individuals they suspected of being gay. In some cases security forces 
raided houses and monitored Internet sites for information on LGBT 
individuals. Those accused of sodomy often faced summary trials, and 
evidentiary standards were not always met. The punishment of a non-
Muslim gay man or lesbian was harsher if the gay man or lesbian's 
partner was Muslim. Punishment for same-sex sexual activity between men 
was more severe than for such conduct between women.
    During the year there was an increase in the frequency of charges 
of homosexuality against individuals on death row or those executed. 
However, because such persons were generally convicted on a number of 
different charges and because of the lack of due process, it was 
unclear in most cases whether such charges of homosexuality were the 
basis for the executions.
    On September 4, authorities at Karoun prison in Ahvaz Province 
executed by hanging three individuals convicted of sodomy. While the 
circumstances of the case remained unclear at year's end, the fact that 
they were executed on sodomy charges alone, and not sodomy by coercion 
or rape, which was normally how sodomy was charged, was significant. It 
was also the first case in many years in which the only declared charge 
was sodomy and not combined with other criminal acts, such as rape and 
armed robbery or national security crimes.
    ICAS reported that two young men, Ayub and Mosleh, ages 20 and 21, 
were in danger of execution by stoning in the city of Piranshahr in the 
province of Kurdistan. The group said the men filmed themselves 
engaging in same-sex sexual activity in a video that included pictures 
of President Ahmadinejad and that government officials discovered that 
video. Their whereabouts at the end of the year remained unknown.
    According to a June 10 IHRDC report, in 2007 authorities in Isfahan 
arrested Matin Yar (a pseudonym) at age 19, along with several of his 
friends, for homosexual activity. Yar described officials repeatedly 
beating and torturing him during his detention, including hanging him 
upside down on a metal rod and using batons, whips, and electric shock. 
Yar stated his nose and ribs were broken as a result of the beatings. 
During a second period of detention, Yar said he was subjected to mock 
executions at Isfahan on three or four different occasions. After 
sentencing, Yar was sent to Dastgerd Prison, where he claimed prison 
authorities raped him several times.
    The government censored all materials related to LGBT issues. In 
September President Ahmadinejad called same-sex sexual activity a 
``despicable act.that is dirty and harmful to humanity.'' In January he 
was quoted as stating, ``Homosexuality means the divorce of humanity 
from its integrity.'' During his official response to the UNHRC, 
President Ahmadinejad categorically refused to answer all six questions 
regarding the LGBT situation in his country, stating only that the LGBT 
issue is ``beyond the mandate of the International Covenant on Civil 
and Political Rights.'' The supreme leader referred to same-sex sexual 
conduct as a ``shameful act.''
    The law defines transgender persons as mentally ill, encouraging 
them to seek medical help in the form of gender-reassignment surgery. 
The government provided grants of as much as 4.5 million toman ($4,500) 
and loans of as much as 5.5 million toman ($5,500) for transgender 
persons willing to undergo gender reassignment surgery. Human rights 
activists and NGOs reported that some members of the gay and bisexual 
community were pressured to undergo gender reassignment surgery to 
avoid legal and social consequences in the country.
    The size of the LGBT community was unknown, as many individuals 
feared identifying themselves. There were active LGBT NGOs in the 
country, but most activities to support the LGBT community took place 
outside the country. According to a HRW report, family members 
threatened and abused many young gay men, who also faced harassment 
from religious scholars, schools, and community elders. Some persons 
were expelled from university for allegations of same-sex sexual 
activity. The HRW report also alleged that Basij forces attempted to 
entrap or arrest persons engaged in same-sex sexual conduct.

    Other Societal Violence or Discrimination.--Persons with HIV/AIDS 
reportedly faced discrimination in schools and workplaces.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for freedom of association, but neither the 
constitution nor the labor code guarantee trade union rights. The labor 
code states workers may establish an Islamic labor council or a guild 
at any workplace, but the rights and responsibilities of these 
organizations fall significantly short of international standards for 
trade unions. In workplaces where an Islamic labor council has been 
established, no other form of worker representation is permitted. The 
law requires prior authorization for organizing and concluding 
collective agreements, and it does not provide for the right to strike. 
Strikes are prohibited in the public sector. Private sector workers may 
conduct ``peaceful'' campaigns within the workplace. The labor code 
does not apply to establishments with fewer than five employees.
    Freedom of association and the right to collective bargaining were 
not respected in practice. The government severely restricted freedom 
of association and interfered in worker attempts to organize. The 
government and the judiciary imprisoned and aimed to silence labor 
activists.
    The Interior Ministry, Ministry of Labor, and Islamic Information 
Organization determined labor councils' constitutions, operational 
rules, and election procedures. Workers' House remained the only 
officially authorized national labor organization; it served primarily 
as a conduit for government control over workers. The leadership of 
Workers' House oversaw and coordinated activities with Islamic labor 
councils in industrial, agricultural, and service organizations 
comprising more than 35 employees. During the year the government 
pressured workers to join the government-sponsored councils. According 
to the ICHRI, the labor councils, which consisted of representatives of 
workers and a representative of management, were essentially 
management-run unions that undermined workers' efforts to maintain 
independent unions. However, the councils were able to block layoffs 
and dismissals. Human rights organizations reported employers routinely 
fired labor activists for trade union activities. There was no 
representative workers' organization for workers who are noncitizens.
    According to international media reports, security forces continued 
to respond with arbitrary arrests and violence to workers' attempts to 
organize or conduct strikes. Strikes and worker protests often prompted 
a heavy police response, and security forces routinely monitored major 
worksites. On February 7, taxi drivers in the northern city of Babol 
went on strike to protest low fares set by the government. Although 
security and intelligence forces appeared at the protest site, the 
workers persisted with their strike. At the end of the four-hour 
protest, the ICHRI reported that police temporarily detained and 
interrogated a number of workers.
    On June 10, AI released a detailed report that underscored the 
harsh treatment of independent trade union activists speaking out 
against the oppression of trade unions in the country. On October 17, 
the Iranian Independent Workers Union announced that security forces 
arrested Ayat Niafar, the spokesperson for the Follow-up Committee to 
Form Workers Organizations, also known as the Committee to Pursue the 
Establishment of Trade Unions, at a metro stop in Tehran and took him 
to Evin Prison, where he remained at year's end.
    There were developments in several cases from previous years. 
According to Education International, of which the Iranian Teachers 
Trade Association (ITTA) is an affiliate, and other sources, government 
authorities prevented the ITTA from holding meetings and continued to 
harass and detain its members. On January 12, a court confirmed the 
six-year sentence of ITTA board member Rasoul Bodaghi for ``assembly 
and conspiracy with the intent of committing national security crimes 
and antiregime propaganda.'' On May 22, Bodaghi and several other 
political prisoners began a hunger strike to protest their treatment. 
Five days after he began the hunger strike, he was transferred to 
solitary confinement. At year's end he remained in prison.
    In April a revolutionary court summoned several members of the ITTA 
for questioning. The head of the Mashad branch, Hashem Khastar, was not 
released at the end of his two-year prison term for union activities. 
Instead, as his family and friends waited for him at the prison gates 
on July 26, they learned that authorities had brought him back to court 
and tried him on the new charge of ``creating public anxiety,'' 
according to the ICHRI. Many of the association's leaders and prominent 
members--including secretaries general Alireza Hashemi and Ali Akbar 
Baghani, Tehran spokesperson Mahmoud Beheshti-Langaroudi, Tehran branch 
member Mahmoud Bagheri, and Kurdistan branch member Mokhtar Asadi--
remained in prison during the year on charges of ``propaganda against 
the regime'' for activities they had planned on International Workers' 
Day in May 2010. All of the imprisoned spent time in solitary 
confinement. They were awaiting a court hearing at year's end.
    On June 2, authorities released bus-driver syndicate leader Mansour 
Ossanloo on a prison furlough, which was extended. At year's end he 
remained out on furlough and could be called back to jail at any time. 
He was originally sentenced in 2007 for trade union activities. 
According to international media, several other transportation 
unionists remained in prison for trade union activities, including 
Mansour Ossanloo's brother, Afshin Ossanloo, who was arrested by 
plainclothes officers in January at Tehran's southern bus terminal, and 
Reza Shahabi. Shahabi went on hunger strike several times during the 
year and was hospitalized more than once. Another bus syndicate leader, 
Ebrahim Mahadi, had been imprisoned since 2008 but was freed December 1 
only to be rearrested and sent back to prison on December 7.
    On November 12, Ali Nejati, a board member of the Haft Tapeh Sugar 
Cane Workers' Syndicate, began a one-year sentence in Dezful prison for 
his trade union activities. He had already served six months in 2010 on 
the same charges and had been dismissed from work.

    b. Prohibition of Forced or Compulsory Labor.--The labor code 
prohibits all forms of forced or compulsory labor. However, such 
practices occurred in the construction and agricultural sectors, 
primarily among Afghan adult males. Family members and others forced 
children to work.
    See also 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 minors younger than 15 and places 
restrictions on employment of minors younger than 18, such as 
prohibitions on hard labor or night work; however, the law permits 
children to work in agriculture, domestic service, and some small 
businesses from the age of 12. The government did not adequately 
monitor or enforce laws pertaining to child labor, and child labor was 
a serious problem.
    According to government sources, 600,000 children worked in the 
country during the year. Approximately 360,000 children between the 
ages of 10 and 14 worked full time and another 380,000 children worked 
in seasonal employment. Family poverty, insufficient economic growth, 
and uneven distribution of wealth were the sources of the problem, 
according to government news reports. There were reportedly significant 
numbers of children--primarily Afghan, but also Iranian--working as 
street vendors in major urban areas. Traffickers also exploited 
children for involuntary servitude as beggars and laborers.
    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 March the government 
increased the minimum wage to 303,048 toman (approximately $303) per 
month. According to a May report, the nationwide average income level 
below which a family with 3.7 members was considered to be living in 
poverty was 653,000 toman ($653) a month. In Tehran the poverty income 
level was 813,000 toman ($813) a month.
    The law establishes a maximum six-day, 48-hour workweek with a 
weekly rest day (normally Friday), at least 12 days of paid annual 
leave, and several paid public holidays. Any hours worked above this 
entitles a worker to overtime. The law mandates a payment of 40 percent 
above the hourly wage to employees for any accrued overtime. Employees 
must consent to work the overtime; it is not compulsory under the law. 
However, the law does not fully cover workers in workplaces with fewer 
than 10 workers, nor does it apply at all to those in workplaces with 
fewer than five workers, to noncitizens, or to any workers in export 
processing zones. Afghan workers, especially those working illegally, 
were subject to abusive working conditions, including below minimum 
wage remuneration, nonpayment of wages, and compulsory overtime. Such 
informal employment was common in construction, agriculture, 
transportation, retail, and the textile industry.
    According to the International Alliance in Support of Workers in 
Iran, approximately 80 percent of workers employed by public and 
private companies were on temporary contracts, including teachers. 
Workers on temporary contracts can be dismissed at any time without 
reason. Low wages and the lack of job security due to contracting 
practices continued to be major drivers of worker strikes and protests, 
notably in the oil and petrochemical industry.
    Information about labor inspection and labor law enforcement was 
difficult to obtain. While the law provides for occupational health and 
safety standards, these did not appear to be effectively enforced, and 
workers were excluded from the process. Industrial accidents were 
commonplace, and the government did not appear to conduct 
investigations into them. On November 15, the Iranian Workers' 
Solidarity Network, citing ISNA official figures, reported 778 
workplace deaths during the first six months of the year. Labor 
organizations inside and outside the country alleged that hazardous 
work environments resulted in thousands of worker deaths annually. It 
was unknown whether workers could remove themselves from hazardous 
situations without risking the loss of employment.
    On December 11, an explosion at the Ghadir steel smelter in the 
city of Yazd killed 16 workers, including foreign nationals, and 
injured at least three others. The blast reportedly was caused by 
ammunition in a delivery of scrap metal. On May 24, a massive explosion 
and fire at a new oil refinery in Abadan killed and injured an unknown 
number of workers.

                               __________

                                  IRAQ

                           EXECUTIVE SUMMARY
    Iraq is a constitutional parliamentary republic. Prime Minister 
Nouri Kamal al-Maliki was sworn in following free and fair elections in 
March 2010, once the major political parties reached a power-sharing 
agreement that allowed the government to be seated in December 2010. 
While the government is inclusive of all major political parties, 
significant unresolved issues continued to hamper its operation as 
permanent ministers of defense and interior had yet to be appointed at 
year's end. However, during the year, the role of the Council of 
Representatives (COR) and provincial governments increased. Iraqi 
Security Forces (ISF) reported to civilian authorities, but continuing 
violence, corruption, and organizational dysfunction undermined the 
government's protection of human rights.
    During the year the most significant human rights developments were 
continuing abuses by sectarian and ethnic armed groups and violations 
by government-affiliated forces. Divisions between Shia and Sunni and 
between Arab and Kurd empowered sectarian militant organizations. These 
militants, purporting to defend one group through acts of intimidation 
and revenge against another, influenced political outcomes. Terrorist 
attacks designed to weaken the government and deepen societal divisions 
occurred during the year.
    The three most important human rights problems in the country were 
governmental and societal violence reflecting a precarious security 
situation, a fractionalized population mirroring deep divisions 
exacerbated by Saddam Hussein's legacy, and rampant corruption at all 
levels of government and society.
    During the year the following significant human rights problems 
were also reported: arbitrary or unlawful deprivation of life; 
extremist and terrorist bombings and executions; disappearances; 
torture and other cruel, inhuman, or degrading treatment or punishment; 
poor conditions in pretrial detention and prison facilities; arbitrary 
arrest and detention; denial of fair public trials; delays in resolving 
property restitution claims; insufficient judicial institutional 
capacity; arbitrary interference with privacy and home; limits on 
freedoms of speech, press, and assembly; extremist threats and 
violence; limits on religious freedom due to extremist threats and 
violence; restrictions on freedom of movement; large numbers of 
internally displaced persons (IDPs) and refugees; lack of transparency 
and significant constraints on international organizations and 
nongovernmental organizations' (NGOs) investigations of alleged 
violations of human rights; discrimination against and societal abuses 
of women and ethnic, religious, and racial minorities; trafficking in 
persons; societal discrimination and violence against individuals based 
on sexual orientation and gender identity; and limited exercise of 
labor rights.
    A culture of impunity has largely protected members of the security 
services, as well as those elsewhere in the government, from 
investigation and successful prosecution of human rights violations.
    Terrorist groups such as al-Qaida in Iraq committed attacks against 
a wide swath of society, including Sunnis, Shia, and members of other 
sects or ethnicities, security forces, places of worship, religious 
pilgrims, economic infrastructure, and government officials. Their 
means were suicide bombings, attacks with improvised explosive devices, 
drive-by shootings, and other acts of violence aimed at weakening the 
government and deepening ethnosectarian divisions. Certain militant 
organizations, such as those influenced by Iran, also committed 
numerous terrorist attacks, primarily against foreign embassies and 
foreign military forces.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--Violence against the 
civilian population perpetrated by terrorist groups remained a problem 
during the year, and bombings, executions, and killings were regular 
occurrences throughout all regions and sectors of society. During the 
year there were press reports and personal accounts that government 
employees committed arbitrary or unlawful killings connected to 
security operations, as well as of protesters and persons in custody. 
The outcomes of infrequent official investigations were often 
unpublished, unknown, or incomplete, and rarely credible in high-
profile cases.
    Confirmed government involvement in extrajudicial killings remained 
low but nevertheless occurred. For example, there were credible reports 
that soldiers arrested, tortured, and killed 35-year-old Waleed Khalid 
in Nineveh Province in February. His body was delivered to his family 
on February 23. Atheel al-Nujaifi, the Nineveh provincial governor, 
called for an investigation, but there were no known developments in 
the case at year's end.
    On April 8, the army entered the facility known as Camp Ashraf, 
also known as Camp New Iraq. Camp Ashraf is home to approximately 3,300 
Iranian exiles and serves as the Iraq base of the Mujahedin-e Khalq 
(MEK), a terrorist organization that had worked for Saddam Hussein's 
regime. The camp's residents violently opposed the army incursion, and 
some fought the army with sticks, batons, and other improvised weapons. 
Thirty-six camp residents died as a result of the ensuing violence and 
more than 300 were injured. Many of the dead were shot; army vehicles 
crushed others. At year's end the government had not conducted a 
credible investigation into the incident despite assurances that it 
would do so (see section 2.d.).
    There were accounts of attacks by persons falsely presenting 
themselves as ISF personnel. For example, on August 15, persons wearing 
military uniforms pulled seven men from a Sunni mosque during evening 
prayers in Youssifiyah, a town about 12 miles south of Baghdad, and 
shot them.
    In Erbil, Suleimaniya, and Dohuk, the three provinces referred to 
as the Iraqi Kurdistan Region (IKR), under the authority of the 
Kurdistan Regional Government (KRG), there were press reports and 
credible accounts of KRG security forces committing arbitrary or 
unlawful killings.
    On February 26, the day after violent demonstrations in Kirkuk, the 
bodies of four young men were found near the city; all had been 
blindfolded, handcuffed, and shot. Four men in military uniforms had 
taken one of them from a local hospital the previous day. There was 
suspicion among Arab residents of Kirkuk that Kurdish security services 
killed them as a warning to the Arab community to refrain from further 
protests. Kurdish authorities strongly denied the accusations.
    Violence against the government and civilian population perpetrated 
by terrorists and extremist groups, including religiously affiliated 
militias, remained a problem during the year, and bombings, executions, 
and killings were regular occurrences. Casualty estimates varied. For 
example, Agence France-Presse (AFP) reported figures compiled by the 
ministries of health, interior, and defense that indicated that 1,578 
civilians, 609 police officers, and 458 soldiers were killed during the 
year in comparison to 2,505 civilians, 671 police officers, and 429 
soldiers in 2010. Direct monitoring by the U.N. Assistance Mission for 
Iraq (UNAMI) indicated that a minimum of 2,771 civilians were killed in 
2011. In 2010 UNAMI recorded 2,953 civilian deaths.
    From January through December, AFP estimated that 458 ISF personnel 
were killed in terrorist attacks and 1,093 were wounded. AFP also 
estimated that 609 Ministry of Interior personnel were killed and 1,302 
were injured during the year. Police officers, in particular, were 
targets. For example, on January 18, a suicide bomber blew himself up 
in the midst of police recruits in Tikrit, killing 60 and wounding 150 
others.
    There were reports of al-Qaida in Iraq attacks against Sunnis 
cooperating with the government--the Sons of Iraq, also known as the 
Sahwa (Awakening) Movement--and against Sunni tribal leaders. For 
example, on January 8 in Al-Hashamiyat, an improvised explosive device 
targeting a member of the Sons of Iraq killed the target's two young 
children instead of their father.
    In the area under the authority of the KRG, there were 
significantly fewer reports of extremist violence than elsewhere in the 
country. On several occasions throughout the year, the Turkish 
government used military aircraft to attack areas where the Kurdistan 
Workers' Party (PKK), a terrorist organization, was active in the 
north; these attacks harmed civilians. For example, on August 21, local 
officials claimed that seven Iraqis were killed near the village of Kur 
Taka by a missile fired from a Turkish warplane. Turkey denied 
responsibility for the deaths.
    Iranian forces regularly bombarded Kurdish areas along the Iran-
Iraq border, targeting purported terrorist activities. The Iranian 
shelling resulted in civilian casualties. For example, on July 28, 
Iranian shelling near the town of Sidakan killed a 13-year-old boy.
    There were no known developments in killings reported in 2010.

    b. Disappearance.--The majority of reported cases of disappearances 
appeared to be financially motivated, and some kidnappers who did not 
receive a ransom killed their victims. On September 21, three 
Christians and one Turkmen were kidnapped while hunting approximately 
20 miles south of Kirkuk. The kidnappers demanded a ransom of $200,000 
for each victim but released the victims 10 days later after payment of 
a $150,000 ransom. Police believed that the majority of kidnappings 
went unreported.
    Kidnappings also took place in the IKR. On September 24, three 
Yezidi men were kidnapped between the villages of Al-Jazeer and 
Sikiniya. Three million dollars was demanded for their release; no 
ransom was paid, and the victims were not released. The kidnapping 
remained unresolved at year's end.
    New mass graves of persons who disappeared under Saddam Hussein's 
regime were found during the year. On April 13, the minister of human 
rights announced the discovery of a mass grave containing 812 victims, 
many killed with a gunshot to the back of the head between 1980 and 
1989. More recent mass graves have also been discovered.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution expressly prohibits torture in all its 
forms under all circumstances, as well as cruel, inhuman, or degrading 
treatment. Nonetheless, there were documented instances of torture and 
other abuses by government agents and similar abuses by illegal armed 
groups. Police across the country continued to use abuse and coerced 
confessions as methods of investigation.
    In the IKR the Antiterrorist Law allows abusive interrogation under 
certain conditions, and such practices reportedly occurred in some 
detention facilities run by the internal security forces known as the 
Asayish (affiliated with the Kurdistan Democratic Party (KDP) and the 
Patriotic Union of Kurdistan (PUK)) and the party-affiliated 
intelligence services, the KDP's Parastin and the PUK's Zanyari.
    Local and international human rights organizations continued to 
report allegations of torture and abuse in several Ministry of Interior 
(MOI) and Ministry of Defense (MOD) detention facilities, as well as in 
KRG security forces' detention facilities. The international NGO Human 
Rights Watch reported that torture continued in detention facilities 
under the control of the army's 56th and 54th brigades.
    As in previous years, reports of abuse during arrest and 
investigation, particularly by the police and army, continued to be 
common. Allegations of abuse included use of stress positions, 
beatings, broken fingers, electric shocks, sexual assault, denial of 
medical treatment, death threats, and death in custody.
    In April 2010 the local and international media reported the 
discovery of a secret prison operated by security forces under control 
of the Prime Minister's Office containing more than 400 Sunni 
detainees, of whom more than 100 were reportedly tortured. According to 
officials, the prison was closed shortly after its existence became 
known publicly, but human rights organizations reported that parts of 
the prison remained open during the year.
    On February 1, Human Rights Watch announced that it had uncovered 
another secret prison at an Iraqi military base in northwest Baghdad 
holding 80 to 280 detainees, but the government denied the assertion. 
There have been reports that there are 10 secret prisons located in the 
International Zone.
    There were indications that authorities took some disciplinary 
action against security forces accused of having committed human rights 
abuses as well as judicial action in some torture cases. Investigative 
teams from the Ministry of Human Rights uncovered 460 suspected cases 
of torture and took steps to transfer them to the Judicial Council. The 
internal court at the MOI disciplined several of its employees. For 
example, the court recommended firing a brigadier general for sexually 
harassing a subordinate and imprisoned a major for torturing a fellow 
employee.

    Prison and Detention Center Conditions.--Four separate ministries--
justice, interior, defense, and labor and social affairs--operated 
prisons, detention centers, and holding facilities. The country's 
fractured penal structure, in which the Ministry of Justice (MOJ) holds 
sentenced and unsentenced prisoners and the other ministries hold 
detainees, complicated detention and prison operations. By law the MOJ 
has full authority over all detention facilities, including two prisons 
in the IKR, except for MOD military justice facilities and those 
facilities in the IKR run by the KRG's Ministry of Labor and Social 
Affairs (KMOLSA). The law has not been fully implemented, although 
there was progress in transferring MOD detainees to MOJ detention 
facilities.
    In the IKR, KMOLSA authorities operated prisons and pretrial 
detention facilities, security authorities operated prisons and 
pretrial detention facilities, and internal security forces and 
intelligence services operated separate detention facilities as well. 
Each of the three provinces has two prisons, one for men and another 
for women and juveniles. The KRG's Ministry of Interior, and not 
KMOLSA, supervises all pretrial male adults in the IKR.
    The total capacity of MOJ's Iraqi Corrections Service (ICS) 
facilities--the only government entity with the legal authority to hold 
persons after conviction--was 34,124 beds for men and 553 beds for 
women. As of December the total number of prisoners in and detainees 
held by the ICS was 25,926. In the IKR there were approximately 2,200 
posttrial prisoners (70 women) held in KRG facilities. There was no 
available information on those in Asayish and KRG intelligence service 
facilities.
    Authorities at MOI and MOD detention facilities reported that 
conditions and treatment of detainees were generally poor. Many inmates 
lacked adequate food, exercise facilities, medical care, and family 
visitation. Limited infrastructure or aging physical plants in some 
facilities resulted in marginal sanitation, limited access to potable 
water and electricity, and poor quality food. Medical care in MOI and 
MOD detention facilities was inconsistent, and there were allegations 
of abuse and torture in some facilities.
    The Ministry of Justice's (MOJ) detention facilities provided 
detainees with better treatment and living conditions. Medical care in 
the MOJ's ICS prisons in some locations exceeded the care generally 
available in the surrounding area.
    The ICS internal affairs department monitored abuse or violations 
of prisoners' human rights. In past years allegations of abuse have 
resulted in the disciplining of ICS officers in some cases. The ICS 
stated the there were no allegations that their staff abused detainees 
during the year.
    ICS prisons maintained visitation programs that allowed for regular 
visits by family members and others. Facility administrators dealt with 
prisoner complaints. An internal audit program ensured that detention 
conditions were compatible with international standards, such as 
separate housing for men, women, juveniles, and pretrial detainees; 
access to potable water; access to medical care; appropriate living 
space; and available programming, such as recreation, religious 
observation, and vocational rehabilitation.
    The conditions in MOI facilities were much poorer. For example, 
UNAMI received reports of a counterterrorism facility in Diyala that 
held 500 detainees in three rooms measuring 6 by 4 meters each; the 
detainees shared two bathrooms without running water. Ministry 
officials rarely granted prison access to outside monitoring groups, 
which made it difficult to assess the prison conditions in the 
facilities.
    The end-of-year total juvenile population in holding facilities and 
detention centers outside the IKR was approximately 1,345. Most 
juvenile pretrial detainees and posttrial prisoners were held in 
facilities run by the Ministry of Labor and Social Affairs, as required 
by law. Small numbers of juveniles were also held at some MOJ prisons 
and police stations; for example, 146 juveniles were held at MOJ 
facilities at year's end. In the IKR the juvenile prisons held 235 
pretrial detainees and posttrial prisoners.
    Juveniles were sometimes held in the same cells as adults and 
rarely afforded access to education or vocational training. Access to 
medical care was limited. Often the detention facilities did not have 
an on-site pharmacy or infirmary.
    In the IKR, domestic and international human rights NGOs and 
intergovernmental organizations generally had access to pretrial and 
posttrial facilities. Access by independent organizations to the 
facilities of the KRG internal security and intelligence services was 
limited to the International Committee of the Red Cross (ICRC) and the 
U.N.
    Until April 2010--when media reports of an extrajudicial detention 
facility were released--the national detention facilities occasionally 
permitted visits by MOHR representatives of the MOHR and COR members. 
After the press coverage, ministry officials and COR members reported 
encountering resistance at some detention facilities to the visits. KRG 
detention facilities permitted visits by the national Ministry of Human 
Rights (MOHR), and KRG human rights authorities.
    Domestic and international human rights NGOs and intergovernmental 
organizations generally did not have access to national MOI detention 
and pretrial facilities. UNAMI suspended inspections of several MOI and 
MOD facilities in December 2010 after finding evidence that authorities 
beat or mistreated prisoners and detainees because they raised concerns 
to UNAMI staff or in order to compel inmates to reveal to prison 
authorities what they reported to UNAMI inspectors. UNAMI did not plan 
to resume prison inspections until it received credible assurances that 
prisoners and detainees would not be compelled to reveal the nature of 
their conversations with inspectors. Credible assurances were not 
received by year's end.
    The ICRC had access in accordance with its standard modalities to 
MOJ prisons and detention facilities, together with access to places of 
detention under other ministries, although at times with difficulty. 
During the year the ICRC carried out 105 visits to 50 central 
government detention facilities. In the last quarter of the year, 
however, the ICRC was suddenly denied access to a MOJ prison after the 
government transferred several hundred alleged Ba'athists there.
    The ICRC had a separate agreement with the KRG for access with some 
restrictions to its detention facilities. The ICRC conducted 36 visits 
to 25 places of detention under the authority of the KRG.

    d. Arbitrary Arrest or Detention.--The constitution provides for 
protection against arbitrary arrest and detention without a warrant, 
except in extreme exigent circumstances as provided for in a state of 
emergency. In practice there were many instances of arbitrary arrest 
and detention. Security forces reportedly arrested civilians without 
arrest warrants, and police detained individuals with judicial release 
orders and held them for ransom. For example, reports indicated that 
the Shia-dominated police force in Diyala province made arrests based 
on religious sect or political party; the judiciary dismissed cases 
based on religious sect, political party, and bribes; and corrections 
officers released defendants only after receiving payment for the 
defendants' release.

    Role of the Police and Security Apparatus.--The Iraqi Security 
Forces (ISF) consist of internal security forces in the Ministry of 
Interior (MOI) responsible for domestic law enforcement and maintenance 
of order and conventional military forces in the Ministry of Defense 
responsible for external defense but cooperating regularly in internal 
security missions with the MOI. Human rights violations committed by 
ISF personnel were rarely investigated and perpetrators were seldom 
punished.
    The MOI disciplinary and criminal court system for internal 
security forces heard more than 11,100 cases with 3,800 convictions 
between January and September; the remaining cases resulted in 
acquittals or were ongoing.
    Impunity for security forces continued. A significant number of 
abuses were reported during the year. For example, elements of the 46th 
and 47th Brigades used live fire against antigovernment protesters and 
police in Kirkuk and Hawija on February 25, killing six persons and 
injuring more than 10. Despite photographic evidence of the events, no 
action was taken against the army units. There were continued reports 
of torture and abuse throughout the country in many MOI police stations 
and MOD facilities; the incidents generally occurred during 
interrogation. The MOI Internal Affairs Division did not release the 
number of officers punished during the year, and there were no known 
court convictions for abuse.
    Security force officials were rarely pursued for suspected crimes 
because ministers can legally block an arrest warrant. Article 136(b) 
of the criminal procedure code gives ministers the opportunity to 
review and prevent the execution of arrest warrants issued by judges 
presiding over criminal investigations of employees in their ministry 
(see sections 1.e. and 4).
    Although oversight by MOI and MOD internal affairs increased, 
problems persisted with the Iraqi Police regarding sectarian divisions, 
corruption, ties to tribes, and unwillingness to serve outside the 
areas in which they were recruited. The army and Federal Police 
recruited nationwide and deployed their soldiers and police to various 
areas, reducing the likelihood of corruption because of personal ties 
to tribes or militants.
    The KDP and PUK parties maintained their own security apparatus, 
organized along military lines, dating from the struggle against the 
regime of Saddam Hussein and earlier. There were approximately 22 
Peshmerga (Kurdish militia) brigades, all originally under the control 
of the two main Kurdish parties. Under the constitution, the KRG has 
the right to maintain Regional Guard Brigades, supported financially by 
the central government but under KRG control. Accordingly, the KRG 
established a Ministry of Peshmerga Affairs. By the end of the year, 
eight of these Peshmerga brigades moved from party control to the 
control of the ministry, but the central government had not provided 
financial support for any of the Peshmerga.
    KRG security forces and intelligence services detained suspects in 
KRG-controlled areas. The poorly defined administrative boundaries 
between the IKR and the rest of the country led to confusion about the 
jurisdiction of security and courts. The KDP maintained its own 
internal security unit, the Asayish, and its own intelligence service, 
the Parastin. The PUK maintained its own internal security unit, also 
known as the Asayish, and its own intelligence service, the Zanyari. 
The PUK and KDP security organizations remained separate and 
effectively controlled by political leaders through political party 
channels.

    Arrest Procedures and Treatment While in Detention.--The 
constitution prohibits ``unlawful detention'' and mandates that 
authorities submit preliminary documents to an investigative judge 
within 24 hours of arrest, a period that can be extended by one day. 
For offenses punishable by death, authorities can detain the defendant 
for as long as necessary to complete the judicial process.
    The government periodically released detainees, usually after 
concluding that it had insufficient evidence for the courts to convict 
them. The law allows release on bond, and in practice criminal (but not 
security) detainees were considered for release on bail. There were 
reports that KRG internal security units detained some suspects 
incommunicado without an arrest warrant and that they transported 
detainees to undisclosed detention facilities.
    The law provides for judges to appoint paid counsel for the 
indigent, and they did so in practice. Attorneys appointed to represent 
detainees frequently complained that poor access to their clients after 
their appointment hampered adequate attorney-client consultation.

    Arbitrary Arrest.--Police and army personnel frequently arrested 
and detained individuals without judicial approval, although there were 
no reliable statistics available. Authorities often failed to notify 
family members of the arrest or location of detention, resulting in 
incommunicado detention.

    Pretrial Detention.--Pretrial detainees in the MOJ's ICS facilities 
amounted to 35 percent of the total population of those incarcerated. 
In Iraq, including in the IKR, only the ICS is authorized to hold 
persons after conviction. In theory, other ministries' facilities 
should only hold detainees. At the end of the year there were 9,197 ICS 
pretrial detainees. The MOI held 7,727, the MOD held approximately 250, 
and the Ministry of Labor and Social Affairs (MOLSA) held approximately 
600. Although there were no independently verified statistics, the 
majority of individuals in MOI and MOD facilities were pretrial 
detainees. In the IKR there were approximately 900 pretrial detainees 
(46 women) held in KRG facilities. Facilities operated by the KRG hold 
both pretrial and postconviction detainees.
    Lengthy detentions without judicial action were a systemic problem. 
The lack of judicial review resulted from a number of factors that 
included a large numbers of detainees, undocumented detentions, slow 
processing of criminal investigations, an insufficient number of 
judges, authorities' inability or reluctance to utilize bail or other 
conditions of release, lack of information sharing, and corruption. 
Overcrowding of pretrial detainees remained a problem in many detention 
facilities. There were allegations of detention beyond judicial release 
dates as well as unlawful releases.
    In practice many detainees were held for months or years after 
arrest and detention, sometimes incommunicado, without access to 
defense counsel or without being formally charged or brought before a 
judge within the legally mandated time period.

    Amnesty.--During the year, the central government granted amnesty 
to at least 108 persons. The KRG did not grant amnesty to anyone during 
the year.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary in all regions, but certain articles restricted 
independence in practice. Although the judicial system was credited 
with efforts to maintain independence, the security situation in the 
country rendered the judiciary weak and dependent on other parts of the 
government. Authorities generally respected court orders, although some 
politically sensitive decisions such as court-issued detainee release 
orders were reportedly not consistently enforced.
    Threats and killings by sectarian, tribal, extremist, and criminal 
elements impaired judicial independence in many places. Judges and 
their family members frequently faced death threats and attacks. During 
the year seven judges were killed and at least five wounded. For 
example, on September 26, gunmen using silenced weapons shot and 
wounded Judge Mounir Hadad, former deputy director of the Iraqi High 
Tribunal, while he was traveling to Baghdad International Airport.
    Judges were generally vulnerable to intimidation and violence. Some 
judges presiding over criminal cases at the trial level or on appeal to 
the Court of Cassation reportedly were influenced by corruption or 
intimidation.
    As referenced above, article 136(b) of the criminal procedure code 
made the judiciary subservient to the executive in the investigation of 
wrongdoing in the executive branch. The article gives ministers the 
opportunity to review and prevent the execution of arrest warrants 
issued by judges in criminal investigations against employees of their 
ministry. This provision provided immunity to selected government 
employees and enabled a component of the executive branch to terminate 
proceedings initiated by the judicial branch.
    During the year protection from arrest was generally extended to 
all but lower-level ministry employees in nonsensitive cases. The 
threat of invoking the article or failure to provide information 
effectively stopped investigations. On June 13, the COR repealed 
article 136(b), but the prime minister challenged the repeal as 
unconstitutional because the legislation did not originate in the 
Council of Ministers, and ministers continued to block arrest warrants 
and stymie investigations. The case was under judicial review at year's 
end (see sections 1.d. and 4).
    The Kurdish Judicial Council was legally independent from the MOJ, 
but the KRG executive continued to influence cases in politically 
sensitive areas, such as freedom of speech and press (see section 
2.a.).
    The Iraqi High Tribunal, formerly the Iraqi Special Tribunal, tried 
persons accused of committing war crimes, genocide, crimes against 
humanity, and specified offenses from July 1968 through May 2003. At 
the end of July, both the Investigative Chamber and trial chambers 
three and four of the tribunal were dissolved. Trial Chamber One and 
Trial Chamber Two concluded all pending cases. The cases tried by the 
high tribunal resulted in approximately 175 individual convictions and 
133 acquittals (some defendants were involved in multiple cases with 
multiple counts). There were no pending appeals. The death sentences of 
Sultan Hashem Ahmed and Tariq Aziz were not carried out by the end of 
the year.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and judges--investigative, trial, and appellate--generally 
sought to enforce that right, which extends to all citizens. An accused 
person is considered innocent until proven guilty and has the right to 
a privately retained or court-appointed counsel at public expense if 
needed. One of the significant challenges facing the criminal trial 
courts was defendants' insufficient access to defense attorneys. Many 
defendants met their lawyers for the first time during the initial 
hearing. Trials, except in some national security cases, were public. 
Judges assembled evidence and they, not juries, adjudicated guilt or 
innocence. Defendants and their attorneys had access to government-held 
evidence relevant to their cases before trial and have the right to 
confront witnesses against them and present witnesses and evidence. 
Criminal judgments of conviction and acquittal may be appealed to the 
Court of Cassation. The right of appeal also exists in civil cases.

    Political Prisoners and Detainees.--Legislation does not define or 
recognize the concept of a political prisoner. The government did not 
consider any of its prisoners to be political prisoners and stated that 
all individuals in prison were convicted, charged under criminal law, 
and awaiting trial or detained while under investigation.
    Some detainees asserted that the government imprisoned or sought to 
imprison persons for political activities or beliefs under cover of 
criminal charges. Authorities countered with criminal charges ranging 
from corruption to facilitating terrorism and murder. The prevalence of 
corruption, slow case processing, and inaccessibility to detainees, 
especially those held by counterterrorism, intelligence, and military 
authorities, made most claims difficult to assess.
    On October 24, the army began arresting alleged former members of 
the Ba'ath Party said to be involved in a coup plot. More than 900 
people were arrested in the following weeks. Formal charges were often 
made only after the arrests and many were held without access to family 
members or legal representation. Media reported that at least one 
detainee, Kadhim Munshed Rashed, died from torture, but the MOI claimed 
that he committed suicide. The government did not present evidence to 
support the existence of a plot at year's end. Many Sunnis contended 
that the arrests were intended to weaken the government's political 
opponents.
    On December 18, an arrest warrant was issued for Vice President 
Tariq Al-Hashemi on terrorism charges. Local television stations 
broadcast alleged confessions of Hashemi's bodyguards who had been 
arrested and detained. Hashemi insisted that the charges were 
politically motivated and that the evidence had been fabricated. Human 
rights groups have complained that broadcasting the confessions 
violated the principle of a fair trial for Hashemi and his guards; some 
of the bodyguards have stated that they were tortured.
    A two-year sectarian political campaign by some Shia political 
parties and militias targeting Sunni politicians from Diyala continued, 
but less intensely than in previous years. On September 28, the 
president of al-Iraqiyya in Diyala, Muhammad Taha al-Hadlosh (a Sunni), 
was released three months after his arrest. He was cleared of charges 
of terrorism. This was the second time in one year that al-Hadlosh was 
arrested and released with charges dismissed. In 2010 four Sunni 
political leaders in Diyala were charged with murder, terrorism, and 
terrorist financing. Three of the four leaders remained in prison 
awaiting trial during the year, while the fourth was convicted and 
received a life sentence.
    There was no reliable information available concerning possible 
political prisoners and detainees in the IKR. However, following riots 
in Dohuk Province in early December, authorities arrested approximately 
25 Kurdish Islamic Union (KIU) party members and journalists and 
detained them for up to a week without charges.

    Civil Judicial Procedures and Remedies.--A legal framework exists 
to deal with civil issues in lawsuits seeking damages for or cessation 
of human rights violations. Administrative remedies also exist. 
However, the priorities of the executive branch and of an understaffed 
judiciary dependent on the executive focused on issues more directly 
related to security, and these procedures as well as administrative 
remedies for human rights violations were not effectively implemented.
    A November 2010 law in the IKR provided for compensation to persons 
unlawfully arrested and/or detained. There were two instances of 
compensation paid by the end of the year.

    Property Restitution.--There was a problem with serious delays and 
corruption in adjudicating claims for property restitution. The 
Property Claims Commission is an independent governmental commission 
whose purpose is to resolve claims for property unjustly seized by the 
former regime between 1968 and 2003. The commission process was 
intended primarily to benefit those whose land was confiscated for 
ethnic or political reasons as part of the former regime's 
``Arabization'' program and other policies of sectarian displacement.
    The claims commission has received more than 178,000 claims 
nationwide since its founding. Approximately 124,000 claims have 
reportedly been reviewed, of which approximately 25,921 were approved, 
35,824 rejected, and 54,907 were accepted for consideration but 
ultimately found not valid. Of the total claims filed, more than 55,000 
were from Kirkuk; of the claims approved, more than 5,990 were from 
Kirkuk.
    Since 2003, more than 28,000 ``wafadin"--Arabs previously settled 
in the Kirkuk region under Saddam Hussein's anti-Kurdish policies--
returned to their previous homes in the center and south of the country 
and applied for compensation. Since the wafadin were compensated to 
leave occupied lands, their claims were reviewed and paid primarily by 
the Article 140 Commission. By the end of 2010, approval had been given 
to 20,212 wafadin, and 11,078 had received compensation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution mandates that authorities not enter 
or search homes except with a judicial order. The constitution also 
prohibits arbitrary interference with privacy. In practice, security 
forces often entered homes without search warrants and took other 
measures interfering with privacy, family, and correspondence. On July 
28, authorities searched the house of a prominent online journalist 
without a warrant after he posted blog entries critical of the 
government. He had previously been detained at an antigovernment 
protest.
    In the IKR there was pressure on citizens to join the PUK party in 
the province of Suleimaniya and the KDP party in the provinces of Erbil 
and Dohuk. Party membership often remained a prerequisite for 
employment.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The constitution broadly provides for the right of free 
expression, provided it does not violate public order and morality or 
express support for the banned Ba'ath Party or for altering the borders 
by violent means. In an atmosphere of rising uncertainty about the 
country's political future, and amid the Arab Spring, the government 
increasingly interpreted the law restrictively and acted in practice to 
limit these rights. In practice the main limitation on individual and 
media exercise of these rights was self-censorship due to the real fear 
of reprisals by the government, political parties, criminal gangs, 
insurgent and sectarian forces, or tribes.
    On August 9, the COR passed legislation (the Journalist Rights Law) 
that offers some additional legal protection for journalists but 
qualifies many protections by the phrase ``in accordance with existing 
law,'' which permits ambiguity about the actual scope of protection 
offered. The new law fails to address the continuation of restrictive 
practices, including the criminalization of libel and defamation under 
the 1969 penal code and the 1968 Publications Law's ability to impose 
up to seven years' imprisonment for publicly insulting the government. 
According to international and local NGOs, the new law also enhances 
the power of the progovernment Journalists Syndicate. Many journalists 
were concerned that the law's requirement to provide a copy of their 
employment contract to the syndicate might disclose sensitive personal 
information that could jeopardize their and their families' lives.
    In the IKR the Journalist Rights Law did not apply, and journalists 
continued to be tried, convicted, and imprisoned under the 1969 penal 
code, despite the 2008 media freedom law that decriminalized 
publication-related offenses. The Kurdistan Journalists Syndicate 
documented 37 lawsuits against journalists during the year in the 
region. According to syndicate officials, the 2008 law is the sole 
basis for prosecution of journalists for publication offenses, but the 
penal code allows prosecution for offenses to public morals and other 
crimes despite the implementation new Journalism Protection Law. Public 
officials regularly resorted to punitive fines through legal actions 
against individual media outlets and editors, often for publishing 
articles on alleged corruption.

    Freedom of Speech.--Despite the constitutional protection for 
freedom of expression, the 1968 Publications Law provides, if 
authorized by the prime minister, for fines or the imposition of a term 
of imprisonment not to exceed seven years for any person who publicly 
insults the COR, the government, or public authorities. On September 
22, the prime minister ordered the issuance of an arrest warrant for 
COR member Sheikh Sabah al-Saadi, a prominent critic of the government, 
for insulting the prime minister by publicly stating that he was 
corrupt. Under the law, however, COR members cannot be arrested.
    Individuals could criticize the government publicly or privately, 
but not without concern of reprisal by the government or by criminal 
gangs allegedly associated with the government if the criticism was 
seen as challenging an important person's sense of honor.
    Potential critics self-censored accordingly. On September 8, two 
months after he stopped hosting his popular radio talk show because of 
fears for his safety, Hadi al-Mahdi, a frequent critic of government 
corruption, bribery, and sectarianism, was shot and killed in his home 
in Baghdad. Via his Facebook page, al-Mahdi organized regular 
prodemocracy demonstrations and publicized death threats he said he had 
received. A Shia, al-Mahdi had defended the rights of Sunnis, according 
to the international NGO Committee to Protect Journalists.

    Freedom of Press.--Political parties strongly influenced most of 
the several hundred daily and weekly publications, as well as dozens of 
radio and television stations. The active media expressed a variety of 
views largely reflecting political party positions, which included 
self-censorship and the government's interpretation of lawful 
restrictions on violations of public order and morality.

    Violence and Harassment.--Eight journalists and media workers were 
killed during the year. Journalists were targets of government security 
forces, corrupt officials, terrorists, religious groups that were 
unwilling to accept media independence, and unknown actors who wished 
to affect the flow of news. For example, on February 17, Hilal al-
Ahmadi, a journalist who wrote about corruption and lack of government 
services, was shot and killed in front of his home on the outskirts of 
Mosul.
    The NGO Journalistic Freedoms Observatory recorded more than 160 
attacks on journalists during the two-week period ending on March 9, 
when antigovernment demonstrations stimulated by the Arab Spring were 
at their peak. On February 23, security forces raided the observatory's 
office, confiscating and destroying computers and other media 
equipment.
    Media workers often reported that politicians, government 
officials, security services, tribal elements, and business leaders 
pressured them to not publish or broadcast stories perceived as 
critical. They offered accounts of violence, intimidation, death 
threats, and harassment by government or partisan officials. For 
example, on February 25, four journalists, including Hadi al-Mahdi, 
were arrested, beaten, and taken to a building that houses the military 
intelligence unit of the army's 11th Division. While detained, the 
journalists were reportedly tortured and threatened with summary 
execution. The journalists saw 300 other protesters in the same 
facility, many with black hoods over their heads and bloodied shirts.
    Throughout the IKR there were numerous credible reports of 
attempted murder, beatings, imprisonment, and property destruction 
carried out against media. The Kurdistan Journalists Syndicate 
documented more than 100 acts of harassment, including threats, 
lawsuits, and attacks, from January to October in the region. In many 
of these reports, the aggressors wore military or police uniforms. With 
one exception, these attacks were directed at the independent and 
opposition media, mainly Goran (Change) and the KIU, rather than at 
media controlled by the ruling parties.
    Despite multiple killings of journalists during the year, there 
were no prosecutions or convictions for these or those that occurred in 
2010, including the May 2010 abduction and killing of Sardasht Osman, 
who was known for his articles alleging nepotism and corruption among 
the leadership of the Kurdistan region, including President Massoud 
Barzani.
    In another high profile case in the IKR, Asos Hardi, founder and 
editor of the independent newspaper Awene, was severely beaten in 
Suleimaniyah in August. The Suleimaniyah criminal court released two 
persons charged with the crime--who had links to the PUK--on grounds of 
insufficient evidence in December, a decision that Hardi's lawyers 
appealed. Hardi fully recovered and continued to publish Awene at 
year's end.

    Censorship or Content Restrictions.--Producing, importing, 
publishing, or possessing written material, drawings, photographs, or 
films that violate public integrity or decency is prohibited. The 
penalties for violating public integrity or decency include fines and 
imprisonment.
    On February 25, shortly after it broadcast scenes from the protests 
in Baghdad's Tahrir Square, security forces raided the offices of 
satellite channel al-Diyar, arrested and beat the employees, and then 
forced the station off the air.
    On March 3, a group of Asayish operatives reportedly kidnapped 
Speda TV journalists Sangar Hamid and Asad Muhamamad in front of the 
Speda TV office in Garmiyan. According to the journalists, they were 
beaten and insulted at the Garmiyan Directorate of Asayish and 
threatened with death if either of them was seen with a camera at a 
demonstration.
    The government used its authority to suppress potentially 
unfavorable media coverage. For example, in August the authorities 
banned journalists in Kirkuk from filming at schools and from writing 
about schools after the release of a critical documentary that 
embarrassed the Ministry of Education.
    All books were subject to censorship. Books published within the 
country required the Ministry of Culture's approval before publication. 
All book imports were subject to the ministry's censorship. According 
to the ministry, the purpose of the vetting was to suppress literature 
promoting sectarianism.

    Libel Laws/National Security.--The law prohibits reporters from 
publishing stories that defame public officials. Many in the media 
complained that these provisions prevented them from freely practicing 
their profession by creating strong fears of prosecution, although 
widespread self-censorship impeded journalistic performance as well.
    Libel remains a criminal offense in the IKR, and judges may issue 
arrest warrants for journalists on this basis. When named in a lawsuit, 
journalists were typically detained at police stations until they 
posted bail. Police often kept journalists in custody during 
investigations.
    The government frequently used the threat of legal action against 
media workers as a tool to discourage media from investigating 
allegations of bad governance, often seeking disproportionate fines or 
damages. For example, on January 10, the independent newspaper Hawlati 
reported that Erbil's First Instance Court fined the independent 
magazine Lvin 35 million dinars (approximately $30,000) after KDP 
politburo secretary Fazil Mirani filed a lawsuit against the magazine 
for publishing reports implying a connection between the KDP's 
intelligence service Parastin and the murder of journalist Sardasht 
Osman in May 2010. Lvin editor Ahmed Mira stated that the magazine was 
not notified of the court proceedings in Erbil and that the verdict was 
issued in its absence. Following another article critical of the KDP in 
Lvin in May, the KDP filed a lawsuit on May 18 demanding Lvin's 
closure, a fine of one billion dinars ($858,000), and banning Mira from 
leaving the country. In September, according to press reports, Mira was 
arrested, beaten, and released after three hours in custody without 
being charged. At year's end Lvin continued to be published.

    Internet Freedom.--There were no overt government restrictions on 
access to the Internet or official acknowledgement that the government 
monitored e-mail or Internet chat rooms. However, there were reports 
that individuals and groups were not assured of their freedom to engage 
in the peaceful expression of views via the Internet, including e-mail. 
For example, a documentary filmmaker and author of a prominent blog 
organized the video coverage of peaceful protests over the Internet via 
a short, nonsubscription messaging service. He was beaten on April 22 
and again on July 22 allegedly by individuals in civilian clothing 
linked to the security forces and by army officers as he attempted to 
videotape demonstrations in Tahrir Square for his blog. He went into 
hiding, and a few days after the second attack police searched his 
house. He later resumed blogging.

    Academic Freedom and Cultural Events.--Social, religious, and 
political pressures restricted the exercise of freedom of choice in 
academic and cultural matters. In all regions, various groups 
reportedly sought to control the pursuit of formal education and 
granting of academic positions. During the year extremists and 
terrorists targeted cultural figures. In the central and southern parts 
of the country, there were a number of reports of threats by extremists 
and sectarian militants against schools and universities, urging them 
to modify activities, favor certain students, or face violence. 
Academics self-censored and educational institutions at times modified 
their activities accordingly. For example, the government banned 
theater and music classes in Baghdad's Fine Arts Institute closed for 
several months in 2010, but activities resumed on January 4 with the 
arrival of a new minister of education.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly and 
peaceful demonstration. The government's response to the wave of 
protests that swept the country during the first half of the year 
demonstrated a lack of respect for the free exercise of these rights.
    In the first six months of the year, protesters demonstrated in 
several major cities, demanding an end to corruption and better 
government services. Many were peaceful, with the government providing 
an appropriate level of security. On other occasions, the government 
suppressed demonstrations, arrested organizers, used excessive force 
against protesters, and harassed protesters after the event.
    Protests began in January and intensified in early February. On 
February 21, the lights in Baghdad's Tahrir Square were turned off 
during the early morning hours while approximately 50 protesters were 
staging a sit-in. At that time police withdrew, according to 
eyewitnesses quoted by Human Rights Watch, allowing gangs of armed men 
to beat and stab at least 20 protesters.
    On February 25, large demonstrations countrywide occurred in 
response to calls for a day of national protest. On the eve of these 
demonstrations, Prime Minister Maliki urged citizens to stay home and 
asserted, without evidence, that protests were being supported by 
Ba'athists and terrorists. On February 25, authorities banned vehicular 
traffic in Baghdad, imposed a citywide curfew, and closed many streets 
providing access to protest sites for ``renovation.'' Vehicles, 
including television transmission vans, were banned from Tahrir Square, 
the main protest site, limiting video coverage. Similar restrictions, 
ostensibly for protecting the demonstrators, were imposed in other 
cities. On some occasions, police used live fire when demonstrations 
became violent, such as in Hawija. In other instances, such as in 
Tikrit and Mosul where seven people were killed, the force used was 
disproportionate. Twenty-four protesters were killed nationwide and 
more than 150 were injured. There were no reported investigations into 
these incidents.
    In the weeks after the February 25 demonstrations, the government 
restricted the right of citizens to assemble peacefully and express 
themselves freely. For example, on April 13, Baghdad's mayor restricted 
demonstrations in the city to several soccer stadiums, and on May 27, 
authorities arrested four student organizers of protests near Tahrir 
Square and eventually charged them with carrying forged identity 
documents. The protesters were released on June 7.
    There were similar occurrences in the IKR. On February 17 in 
Suleimaniya, demonstrations against corruption and lack of jobs and 
services turned violent when a group of protesters tried to storm the 
headquarters of the KDP and threw rocks at the building. Security 
guards responded by shooting into the crowd; two persons died and 47 
were wounded. Goran took responsibility for the demonstrations but said 
it had nothing to do with the storming of the building and condemned 
the attack on the headquarters. In the following weeks, the 
demonstration expanded and reached a height of 7,000 protesters. A sit-
in occupied Freedom Square in the city of Suleimaniya. Religious 
leaders and other opposition parties joined the protesters. Several 
subsequent clashes between security forces and protesters resulted in 
10 deaths.
    Shortly after the February 17 incidents, discussions between KRG 
officials and opposition leaders were reportedly underway to find 
mechanisms to compensate victims, including detainees, of the 
demonstrations in Suleimaniya and elsewhere. There were no results by 
year's end. A presidential decree issued in August called for 
``bringing to justice those who had a role in the shootings'' in 
Suleimaniya, but at year's end no arrests had taken place.

    Freedom of Association.--The constitution provides for the right to 
form and join associations and political parties and specifically 
mandates that this right be regulated by law. The government generally 
respected this right in practice, except for the legal prohibition on 
expressing support for the Ba'ath Party. Because of a requirement in 
the 2010 law on NGOs that directors of NGOs have to be checked for 
prohibited past affiliation or membership in the Ba'ath party by the 
Accountability and Justice Commission, the newly instituted 
registration process was significantly delayed. According to the 
government, the law was designed to facilitate NGO registration and 
operations while providing extra protections from onerous and arbitrary 
government actions. The Council of Ministers Secretariat NGO Assistance 
Office accepted registrations for NGOs.
    On March 6, on orders from the prime minister, the Baghdad 
Operations Command directed closure of the offices of the Iraqi 
National Party and the Iraqi Communist Party. Both parties, supporters 
of ongoing antigovernment demonstrations, were informed that they had 
been evicted because the Ministry of Defense needed their buildings.

    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 government generally respected 
the constitutional provisions for freedom of movement in all parts of 
the country as well as the right to travel abroad and return freely. 
There were some limitations due to security concerns, as well as 
limitations on travel into and residence within the IKR, although 
internally displaced families were generally allowed to reside there.
    The government generally cooperated with the Office of the United 
Nations High Commissioner for Refugees (UNHCR), the International 
Organization for Migration (IOM), and other humanitarian organizations 
in providing protection and assistance to IDPs, refugees, returning 
refugees, asylum seekers, stateless persons, and other persons of 
concern, although effective systems to assist these individuals were 
not fully established by year's end.

    In-Country Movement.--Security forces can restrict movement 
pursuant to a warrant, impose a curfew, cordon off and search an area, 
and take other necessary security and military measures in response to 
security threats and attacks. There are no KRG laws that restrict 
movement across the areas administered by the KRG, but movement was 
restricted due to security procedures. Citizens (of any ethnicity, 
including Kurds) crossing into the region from the south were obligated 
to stop at checkpoints and undergo personal and vehicle inspections. 
Officials prevented individuals from entering into the region if they 
were deemed a security threat. Entry for male Arabs was reportedly more 
difficult than for others. The officer in charge at the checkpoint was 
empowered to decline entry into the region.
    To accommodate increasing numbers of summer and holiday visitors, 
the KRG security authorities have worked out agreements with other 
provinces whereby tourist agencies submitted names of visitors in 
advance for preclearance. Visitors must show where they are lodging and 
how long they intend to stay.

    Foreign Travel.--Exit permits were required for citizens leaving 
the country, but the requirement was not enforced. The MOI Passport 
Office previously maintained a policy of requiring women to obtain the 
approval of a close male relative before receiving a passport, but the 
COR amended this law on December 20, allowing women 18 and older to 
receive passports without consent from male relatives. In the KRG women 
over the age of 18 obtained passports without such approval.

    Exile.--The constitution permits forced exile only of naturalized 
citizens and only if a judicial decision establishes that the 
citizenship was granted on the basis of material falsifications. There 
were no reported cases of forced exile.

    Internally Displaced Persons (IDPs).--The government estimated that 
there were approximately 2.5 million IDPs and that about 40 percent of 
them were in Baghdad. Sectarian violence that began in 2006 displaced 
Shia, Sunni, and Christian families. According to the UNHRC, in 
December approximately 1.3 million people remained internally displaced 
due to sectarian violence that occurred from 2006 to 2008. 
Approximately 200,000 remained displaced due to violence that occurred 
between 2003 and 2005, and approximately one million remained displaced 
due to policies implemented by the former regime prior to 2003 (see 
section 2.c.).
    The UNHRC reported 67,080 Iraqi refugees and 193,610 IDPs 
registered returns during the year; these refugees and displaced 
persons returned to their places of origin or integrated into new 
communities in the country. While the year's return figures were higher 
than the 26,410 refugee returns and 92,480 IDP returns recorded in 
2010, the number of registered IDPs remained largely the same, likely 
due to the government reopening the IDP registration process. The 
UNHRC's August Iraq Returnee Monitoring Report noted that 64 percent of 
the estimated 37,000 registered and unregistered refugee returnee 
families monitored by the UNHRC between August 2010 and July 2011 
permanently returned to the country because of improved security and 
political conditions in Baghdad. Almost all received the Ministry of 
Migration and Displacement's (MODM) four million dinar (approximately 
$3,434) returnee grant. While security gains and access to assistance 
attracted Iraqi refugees to return, high unemployment and an unstable 
political environment created significant challenges. Many displaced 
Iraqis reported that they remained unwilling or unable to return to 
their homes because they feared their religious affiliation would make 
them an unsafe minority in neighborhoods segregated along lines of 
religious identity.
    Social and geographic integration of communities displaced prior to 
2003 made it difficult to distinguish between those who remained 
displaced and those who chose to remain where they were. Most 
international organizations focused on the 1.3 million people displaced 
since 2006.
    The majority of those displaced pre-2003 were moved under the prior 
regime's policy of Arabization. Many of them have returned to their 
areas of origin but were included in the displaced population because 
they were unable to regain their original property and residences, 
generally in central and southern Iraq. Both Arabs and Kurds displaced 
in this way have a right to compensation and a process exists, but the 
government has been slow to implement it.
    The government engaged in efforts to promote the safe, voluntary 
return or resettlement of IDPs. The government had laws and policies in 
place to protect IDPs in accordance with the U.N. Guiding Principles on 
Internal Displacement. In September the government appointed Dr. Farhat 
Na'emat Ullah Hussain as the national coordinator for displacement 
issues to implement the MODM's proposed comprehensive strategy, a draft 
national policy on displacement that recognizes local integration as a 
legal option for IDPs. While local integration was incorporated into 
government efforts, the government also continued to encourage families 
to return to their original homes.
    Although the government promised to provide essential services to 
support returnees in Baghdad and Diyala provinces upon their return 
home, these promises remained largely unfulfilled. The government, 
through the MODM, allowed IDPs access to domestic and international 
humanitarian organizations, collected information about IDPs, and 
provided some protection and assistance in the form of humanitarian 
supplies.
    The ICRC provided food rations, water and sanitation projects, and 
health care to many IDPs unable to access the public food distribution 
system or public schools in the governorate to which they were 
displaced. In other instances, the IOM and World Food Program organized 
income generation projects and quick impact projects, providing adults 
with cash-earning public work and training opportunities in order for 
them to have money for food and other basic needs. A growing number of 
international and local NGOs also assisted IDPs and returning refugees. 
Lack of registration limited IDPs' access to basic services and legal 
documentation to receive food rations from the public distribution 
system.
    The government provided protection and assistance to IDPs, but 
approximately 467,000 lived in 382 ad hoc ``clusters'' or settlements 
with limited water, sanitation, and electricity.
    The government evicted IDPs from government buildings on a case-by-
case basis. According to the International Rescue Committee, 29 IDP 
settlements received eviction notices during the year, potentially 
affecting over 6,510 internally displaced families. The threat of 
eviction was more acute in Baghdad where an estimated 148,000 IDPs, 
refugee returnees, and squatters lived in 121 illegal settlements on 
land or in buildings belonging to the government. Provincial councils 
and NGOs sought, with limited success, to halt the evictions, 
compensate the families with several months' rent, or provide land 
grants in alternate locations.
    Continued bombing and shelling by the Iranian and Turkish military 
forces that began in June led to the displacement of more than 1,600 
Kurdish families, according to the MODM. The families, from villages 
along the border with Turkey, fled to more centrally located villages 
within Dohuk and Suleimaniya provinces. Because most families fled 
during the initial border bombings, the MODM noted few families fleeing 
following the Turkish military incursions in mid-October. The 
government provided a two million dinar (approximately $1,710) grant to 
each family while the KRG provided some emergency assistance to 
families.
    Security concerns displaced many Kurdish, as well as some Arab and 
Turkmen, families in Diyala Province. Local officials estimated that 
more than 1,300 families left al-Sa'adya, Jalawla, Qaratapa, and 
Jabara, with many moving to Khanaqin or outside the province. Some 
local officials blamed the continuing displacement in Diyala Province 
on the lack of implementation of article 140 of the constitution, which 
seeks to reverse Saddam Hussein's Arabization policy. Article 140 
describes a process to repatriate families displaced by the Arabization 
policy and relocate or compensate those Arab families brought to the 
area under the policy.

    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. The government generally cooperated with the UNHRC and other 
humanitarian organizations to provide protection and assistance to the 
approximately 40,000 refugees living in the country.

    Refugee Abuse.--Reports of attacks and arrests of refugees such as 
Palestinians, Ahwazis in the south, and Syrian Arabs in Baghdad and 
Mosul declined during the year, although they continued to be targeted 
periodically in attacks by sectarian groups, extremists, and criminals.
    In September an estimated 3,300 residents of Camp Ashraf in Diyala 
Province applied to the UNHRC for individual status as asylum seekers. 
The government pressured the residents of Ashraf to relocate and depart 
from the country, and periodically withheld or delayed medical 
treatment for patients suffering from critical and chronic conditions. 
The government on several occasions placed loudspeakers on the 
perimeter of the camp to broadcast anti-MEK propaganda. The government 
also refused entry for some fuels, nonessential consumer items, 
construction materials, and industrial goods. Ashraf residents 
conducted protests during the year (see section 1.a.).
    Some former members alleged that Ashraf leaders attempted to 
prevent disgruntled residents from leaving the camp by threats of 
reprisal. MEK leaders denied such allegations.
    A December 25 memorandum of understanding between the government 
and the U.N. provided for the orderly and rapid closure of Camp Ashraf, 
with the UNHRC providing refugee status determinations with the goal of 
facilitating resettlement of the camp's population outside the country. 
At year's end the U.N. and the government were still negotiating 
procedures for closing the camp.

    Employment.--Economic challenges placed Palestinian refugees in the 
lowest socioeconomic rankings; their declining economic situation was 
in part attributable to a loss of employment opportunities as a result 
of discrimination.

    Durable Solutions.--Refugee groups of Turkish and Iranian Kurds in 
the IKR generally achieved a high level of integration. For the 
majority of Iranian Kurds whom the UNHRC registered as refugees in the 
north, local integration remained the best and most likely option.

    Stateless Persons.--In the north an estimated 560 stateless Syrian 
Kurds were registered as asylum seekers. Additionally, the UNHRC 
estimated that there were 120,000 stateless, nonrefugee Faily Kurds and 
Bidouns (literally meaning ``without"). Many of these nonrefugee 
stateless individuals had already commenced the process of reacquiring 
Iraqi nationality. The Ministry of Interior's Nationality Department 
anticipated resolving all such cases over the course of the next two 
years. Since 2003 more than 25,000 persons have regained their 
nationality, some in accordance with articles 17 and 18 of the 2006 
nationality law. However, approximately 54,500 Bidoun individuals 
living as nomads in the desert near the southern provinces of Basra, 
Dhi-Qar, and al-Qadisiyah remained stateless at year's end. A 2006 law 
prevents Palestinians from obtaining citizenship and Jews who emigrated 
to other countries from reclaiming citizenship.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides for the right of citizens to change their 
government peacefully, and citizens exercised this right through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--Recent Elections.--In the 
March 2010 parliamentary elections, nearly 12 million persons voted, 
from a pool of more than 18.9 million registered voters. International 
observer missions and indigenous observers declared the elections free 
from widespread or systemic fraud.
    The Independent High Electoral Commission announced preliminary 
election results based on the tabulation of 100 percent of the vote and 
resolution of approximately 200 complaints. Despite the controversy 
surrounding the electoral commission decision to ban approximately 500 
candidates for alleged ties to the banned Ba'ath Party and violence 
before and on election day, the elections were considered free and 
fair.
    Provincial elections in the IKR scheduled during the year were 
postponed pending passage in the Iraqi Kurdistan Parliament (IKP) of a 
package of laws related to provincial council elections, provincial 
powers, and the establishment of a Kurdish electoral commission. 
However, the IKP passed the Provincial Council Elections Law in 
November and signed it into law in December. On December 28, the KRG 
set September 27, 2012, as the date for Provincial Council elections.

    Political Parties.--While political parties did not formally 
restrict membership to certain societal groups, they tended to be 
organized along either religious or ethnic lines. Shia Islamist 
parties, such as the Islamic Supreme Council of Iraq, al-Dawa al-
Islamiyya Party, and Sadrist Trend, as well as Kurdish nationalist 
parties such as the KDP and PUK, were the predominant political forces. 
Other political players included the secular Iraqiyya, Sunni Iraqi 
Islamic Party, the Goran (Change) Party in the IKR, and ethnic minority 
parties, such as the Assyrian Democratic Movement, the Kurdish Islamic 
Union, and the Kurdish Islamic Group. Membership in some political 
parties conferred special privileges and advantages in employment and 
education. The KDP and PUK gave preference in KRG government employment 
to their respective members. In total, 160 regular parties, 36 
independents, and 10 minority parties and candidates participated in 
the elections.

    Participation of Women and Minorities.--The constitution mandates 
that female members of parliament constitute 25 percent of the COR. 
There were 81 women elected to the COR, including candidates elected 
through the open list system. However, female parliamentarians were 
often marginalized. There was one female minister out of 29 in the 
cabinet (minister of state for women's affairs), and four cabinet 
members from religious and ethnic minority groups: the ministers of 
agriculture, environment, youth and sports, and provincial affairs. In 
the COR there were five women chairing standing committees: services 
and construction; woman, family, and childhood; members affairs and 
parliamentary development; health and environment; and deportees, 
immigrants, and expatriates.
    Of the 325 seats in the parliament, the law reserves eight 
compensatory seats for minorities: five for Christian candidates from 
Baghdad, Ninewa, Kirkuk, Erbil, and Dohuk; one Yezidi representing 
Ninewa; one Sabean-Mandaean representing Baghdad; and, one Shabak 
representing Ninewa. The law also opened the process to out-of-country 
voting for refugees and citizens abroad.
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 frequently engaged in corrupt practices with impunity.
    Intimidation and political influence were factors in some 
allegations of corruption, and officials sometimes used the ``de-
Ba'athification'' process to pursue political and personal agendas. The 
government did not enforce the law requiring certain government 
officials, such as ministers, governors, and parliamentarians, to file 
financial disclosure reports. The Commission of Integrity (COI) is the 
government body charged with preventing and investigating governmental 
corruption nationwide (except for in the KRG, which has an Office of 
Governance and Integrity in the KRG's Council of Ministers). In an act 
of intimidation, the offices of the COI were bombed on December 22, 
killing 32 people.
    The Joint Anticorruption Council, led by the COI, has 
responsibility for supervising compliance with the government's 
Anticorruption Strategy for 2010-14, which also seeks participation 
from religious and community leaders, civil society representatives, 
and journalists. The work of the council was generally regarded as 
having little appreciable impact, due to the scale of official 
corruption.
    There was a reluctance to aggressively prosecute cases in which 
political militias are involved or in cases where the suspects are 
supported by the major political parties. Both former commissioner 
Raheem Uqaili and the deputy commissioner of integrity have repeatedly 
complained of political interference in investigations, as have most of 
the inspectors general (IGs). On September 9, Uqaili abruptly retired, 
blaming a lack of support from the prime minister. In public 
statements, the former commissioner implied that he was being asked to 
prosecute individuals on a political basis.
    Effective joint action by anticorruption institutions did not take 
place. Their interaction was uncoordinated because of a lack of 
agreement about their role, ineffective legislation, and insufficient 
political will. The absence of accountability continued, reinforced by 
several statutory provisions, unclear regulatory processes, and limited 
transparency. Many IGs claimed that their ministers resented and 
stifled their efforts at oversight and that some openly thwarted IG 
staff with threats of dismissal for the basic functions of oversight. 
Ministers ordered major corruption investigations dropped. As in 
previous years, ministries effectively stalled investigations by 
failing to comply with requests for information or officials to appear 
in court.
    The prime minister's approval is required before corruption cases 
can proceed against members of the Presidency or the Council of 
Ministers. Information on specific instances of the prime minister and 
ministers withholding approval during the year was not available, 
although judicial authorities reported that the practice constituted a 
significant obstacle to the prosecution of corruption cases.
    Under article 136(b) of the criminal procedure code, ministers 
halted approximately 200 investigations during the first three months 
of the year, including a corruption case against a senior Northern Oil 
Company official for taking bribes. No information was available about 
the number of times article 136(b) was invoked later in the year. The 
threat of invoking article 136(b) or failing to provide information was 
usually effective in stopping investigations until the repeal of 
article 136(b) went into effect in June (see sections 1.d. and 1.e.).
    Political parties attempted to influence the COI on a number of 
prosecutions. Members of the legislature also reportedly attempted to 
pressure the COI on numerous occasions.
    There were reports of security personnel using their positions for 
personal profit. According to press reports, Rahif al-Essawi, an 
assistant dean at Baghdad University, was arrested, beaten, and 
threatened with execution if he did not fraudulently certify that a 
police officer had graduated from his university.
    There were reports that large amounts of money were fraudulently 
transferred abroad.
    The law does not provide public access to government information 
for citizens or noncitizens, including foreign media.
    Corruption and government transparency were major issues in the 
IKR. On April 26, the IKR passed legislation to establish a KRG 
Commission of Integrity to prosecute corruption. The commission was 
established on August 1 under the management of a temporary 
commissioner and several inspectors who lacked full authority because 
their names had not been submitted for parliamentary confirmation, as 
required by law.
    On September 27, the head of the KRG's presidential anticorruption 
committee, Azad Malafandi, told an Internet news site that 
approximately 700 government-funded projects had been canceled or were 
being investigated as part of the KRG's reform campaign following the 
establishment of the Commission of Integrity. A spokesman for the 
commission said they had also received more than 130 cases submitted by 
the public and investigated half of them but had yet to disclose the 
results of those investigations.
    The constitution provides COR members immunity from arrest unless 
caught in a criminal act or charged with a felony, in which case the 
COR may revoke immunity by a majority vote.
    The media and NGOs continued to expose corruption, although their 
capacity to do so was limited. Anticorruption, law enforcement, and 
judicial officials, along with members of civil society and the media, 
continued to face threats and intimidation for pursuit of uncovering 
corrupt practices.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government had a mixed record of cooperating with NGOs, and 
although the government expressed a willingness to cooperate with the 
U.N. and its agencies on human rights, it limited cooperation in 
practice, citing security restrictions. During the year the 
government's attitude toward international human rights and 
humanitarian NGOs was less accommodating than in the previous year. 
International NGOs reported greater forced evictions, difficulty in 
obtaining visas and government passes, repeated and intrusive 
inspections, and arrest and torture of locally engaged staff members. 
The government continued to restrict all nongovernmental investigations 
of alleged human rights violations, a policy that it attributed to the 
requirements of the security situation. Direct attacks specifically 
aimed at NGOs, however, remained rare.
    Many domestic human rights NGOs were affiliated with and influenced 
by the agendas of a political party or with a particular sect, although 
some independent NGOs were able to operate with little or no 
interference. Overall, NGOs faced numerous challenges, did not meet 
regularly with government officials, and did not systematically serve 
as bulwarks against failures in governance and human rights abuses.
    There were reports that the police conducted unannounced and 
intimidating visits to some NGOs despite the 2010 law on NGOs, which 
aimed to remedy this situation (see section 2.b., Freedom of 
Association). Tactics used to suppress NGO criticism included office 
raids, confiscation of equipment, and arbitrary arrests. Military 
intelligence arrested a representative of an international NGO at 
Baghdad's Tahrir Square on October 21. Authorities released him four 
days later without his being charged.
    The Kurdish areas had an active NGO community, although most local 
Kurdish NGOs were closely linked to and funded by the PUK and KDP 
political parties. The KRG and Kurdish political parties generally 
supported humanitarian NGO activities and programs.

    U.N. and Other International Bodies.--Although the government 
expressed a willingness to cooperate with the U.N. and its agencies on 
human rights, it limited cooperation in practice.
    In 2008 the government signed a headquarters agreement with the 
ICRC, granting it legal status and permanent representation in the 
country. The COR had not ratified the agreement by year's end, but the 
ICRC benefited nonetheless from its provisions.

    Government Human Rights Bodies.--The Ministry of Human Rights is 
mandated to monitor human rights abuses and to advocate for and assist 
victims. It issued public reports on prisons and detention centers, 
minorities, and victims of terrorism. Limited resources, lack of 
political independence, and poor cooperation from other ministries 
limited the ministry's effectiveness. A lack of trained personnel and 
effective follow-up throughout the government limited the effectiveness 
of KRG human rights authorities.
    A 2008 law established an Independent High Commission on Human 
Rights. In 2009 a Committee of Experts was formed to select the 
commissioners, and it began accepting nominations. After a month, its 
activities were suspended and did not restart until a new government 
was formed in December 2010. On March 29, a new committee was formed 
and the nomination period was reopened. At year's end the committee was 
reviewing the 3,068 nominations it received. The selection process, 
overseen by UNAMI, was considered transparent and fair.
    The COR Committee on Human Rights advocated publicly for raising 
standards in government detention facilities and prisons, strengthening 
the oversight of the security ministries, and developing a set of laws 
that protect the rights of citizens. The KRG's legislature formed a 
special committee to deal with human rights and detainee issues but did 
not issue any public reports.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides that all citizens are equal before the 
law without regard to gender, sect, opinion, belief, nationality, 
religion, or origin. The law prohibits discrimination on the basis of 
race, disability, or social status. The government was ineffective in 
enforcing these provisions in practice.

    Women.--Rape and Domestic Violence.--The penal code criminalizes 
rape but allows the case to be dropped if the offender marries the 
victim, permits a maximum sentence of life imprisonment if the victim 
dies, and does not address spousal rape. There was no reliable 
estimates of the incidence of rape or the effectiveness of government 
enforcement of the law. Due to social conventions and retribution 
against both the victim and perpetrator, victims of sexual crimes did 
not usually pursue legal remedies.
    In the IKR there are no laws specifically addressing domestic 
violence. Under the penal code, a husband is legally entitled to punish 
his wife ``within certain limits prescribed by law or custom.'' 
Existing laws on sexual crimes were widely unenforced, and police often 
viewed domestic violence as a case for family mediation instead of as a 
crime. On June 21, the KRG adopted the Family Violence Law 
criminalizing domestic violence and spousal rape, but there were no 
reliable estimates of its impact by the end of the year.
    The new Kurdish law contains other provisions aimed at the 
eradication of other forms of gender-based violence. The law 
criminalizes and provides for imprisonment and fines for forced 
marriage, exchange marriage, marriage of minors, marriage in exchange 
for ransom, forced divorce, cutting off kinship relationships and 
disowning members of family, forced prostitution, forcing family 
members to work or quit their jobs, suicide due to domestic violence, 
abortion arising from domestic violence, battering children and family 
members, and assaulting, insulting, or cursing family members. It also 
criminalizes showing perception of inferiority to, hurting, putting 
psychological pressure on, and violating the rights of family members. 
By law those found guilty of domestic violence generally face a fine of 
between one and five million dinars ($858 to $4,292) or between six 
months and three years in jail.
    NGOs reported that domestic violence against women remained a 
serious problem. Local NGO and media reporting indicated that domestic 
violence often went unreported and unpunished with abuses customarily 
addressed within the family and tribal structure. Harassment of legal 
personnel working on domestic violence cases, as well as a lack of 
trained police and judicial personnel, further hampered efforts to 
bring perpetrators to justice.
    The Ministry of Interior maintained two Family Protection Units in 
Baghdad, which focused more on family reconciliation than victim 
protection. Hotlines were routed directly to the male commander of the 
unit, and the units did not follow a regular referral system to provide 
victims with services such as legal aid or safe shelter. The units did 
refer women with physical injuries to hospitals as an investigation 
component.
    In the IKR both public and private shelters for women existed, but 
space was limited and service delivery was poor, with private shelters 
providing a slightly higher level of service. In areas outside the IKR, 
NGOs ran shelters without official approval. Some NGOs provided 
assistance to victims through community mental health workers. Other 
NGOs provided legal assistance to victims. NGOs played a key role in 
providing services to victims of domestic violence who received no 
assistance from the central government. Authorities frequently 
attempted to mediate between women and their families--instead of 
utilizing legal remedies--so that the women could return to their 
homes. Other than marrying or returning to their families (which often 
resulted in the family or community victimizing the shelter resident 
again), there were few options for women who were housed at shelters.

    Sex Tourism.--The IKR Family Violence Law, passed by the IKP on 
June 21, with entry into force on July 1, bans FGM in the IKR, but the 
central government did not have a similar law. The KRG has done little 
to enforce the new FGM law, and FGM occurred at a rate of up to 80 
percent in some parts of the IKR. According to the German NGO Wadi 
(Development Now), the practice also occurs in other parts of the 
country, such as Basrah.

    Other Harmful Traditional Practices.--Honor killings remained a 
serious problem throughout all parts of the country. The penal code of 
1969 permits honor considerations to mitigate sentences.
    Statistics published by the KRG Ministry of Interior in 2010 stated 
that there were 102 incidents of women burned in and around Erbil 
Province alone. Sixty-five percent of these cases were still under 
investigation during the year. Women who committed self-immolation had 
been previously victimized, but police investigated only a small number 
of women's burn cases. The KRG reported that during the year 76 women 
were killed or committed suicide, while 330 were burned or self-
immolated, but a number of NGOs, including the Organization for Women's 
Freedom in Iraq, stated that such estimates were low.

    Sexual Harassment.--The law prohibits sexual relations outside of 
marriage, including rape or sexual solicitation that may occur during 
sexual harassment. The penalties include fines and imprisonment. The 
criminal code provides relief from penalties if unmarried participants 
marry. No information was available regarding the effectiveness of 
government enforcement. Due to social conventions and retribution 
against both the victim and perpetrator of sexual harassment, victims 
of sexual harassment did not usually pursue legal remedies. Because of 
the unequal social status of women and their fear of telling close 
relatives, victims rarely filed police complaints against the 
offenders.

    Reproductive Rights.--The government generally respected the basic 
rights of couples and individuals to decide the number, timing, and 
spacing of children free from discrimination, coercion, and violence. 
There were no legal impediments to access to information on family 
planning, contraception, and maternal health services, including 
skilled attendance during childbirth, prenatal care, and essential 
obstetric and postpartum care. However, due to general insecurity in 
the country and attendant economic difficulties, many women received 
inadequate medical care due to a lack of essential drugs, lack of 
transport to referral institutions, and medical personnel lacking 
training in emergency obstetric care. Women were at increased risk of 
early marriage, early pregnancy, poor birth outcomes with high rates of 
anemia, and short birth intervals.

    Discrimination.--Although the constitution forbids discrimination 
on the basis of gender, in practice conservative societal standards 
impeded women's abilities to enjoy the same legal status and rights as 
men. Throughout the country, women reported increasing pressure to wear 
headscarves, usually in conservative and rural areas. There were 
reports of female students questioned at the gates of Baghdad 
University when they were not wearing a headscarf. Female government 
employees were often pressured to wear, or questioned about not 
wearing, headscarves. Conservative citizens publicly harassed or 
intimidated women for undertaking activities such as driving a car, 
walking with friends, and wearing trousers or jewelry, in an effort to 
force them to remain at home, wear headscarves, and adhere to a 
conservative interpretation of Islam.
    Women experienced economic discrimination in access to, and in 
terms of, employment, occupation, credit, and pay equity for performing 
similar work or managing similar businesses as men. The security 
situation disproportionately affected women's ability to work outside 
the home. Weak labor laws and the lack of an equal opportunity 
employment law left women vulnerable to arbitrary dismissal. Government 
efforts to combat economic discrimination against women were minimal 
and unsystematic. Despite the existence of a widow stipend program 
through the Ministry of Labor and Social Affairs, excessive and 
confusing bureaucratic procedures and significant processing delays 
impeded an estimated one to three million war widows from accessing 
social support.
    The Ministry of State for Women's Affairs, with an approximately 
20-person professional staff, functioned primarily as an advisory 
office without an independent budget or the ability to hire more 
employees.

    Children.--Birth Registration.--The constitution states that anyone 
born with at least one citizen parent is a citizen. Failure to register 
births resulted in the denial of public services such as education, 
food, and health care. To register a birth, authorities require a 
marriage certificate and identification from both parents or a death 
certificate if a parent is deceased. Single women and widows often have 
problems registering their children. The government was generally 
committed to children's rights and welfare, although it denied benefits 
to noncitizen children. Their families had to pay for services that 
were otherwise free, such as public schools and health services. Except 
for several hundred Palestinian families displaced during the 1948 or 
1967 wars, noncitizens were not eligible for the national food 
rationing program.

    Education.--Primary education is compulsory for citizen children 
for six years and free for them at all levels. The net enrollment rate 
for children aged six to 11 was 91 percent for boys and 82 percent for 
girls. Ninety-six percent of the boys and 94 percent of the girls who 
entered the first grade eventually reached fifth grade. Female 
education remained a challenge, particularly in rural areas and areas 
facing high levels of insecurity.

    Child Abuse.--A June 21 IKR law (see section 6, Women) banned child 
marriage and the forcing of children to drop out of school, often to 
work or beg. The impact of the ban was unknown at year's end. The 
central government did not have similar laws in place to criminalize 
child abuse (see section 7.c.).

    Harmful Traditional Practices.--Despite being banned, FGM among 
children remained a common practice particularly in rural areas of the 
IKR and other areas of the country where Kurdish communities lived.

    Child Marriage.--Although no statistics were available, a tradition 
of marrying young girls (as young as 14 years old) reportedly 
continued, particularly in rural areas. The minimum marriage age is 14 
with parental permission and 18 without.

    Sexual Exploitation of Children.--Sexual relations outside of 
marriage for any reason are prohibited. Because sex outside marriage is 
always illegal, the age of consensual sex is de facto the minimum 
marriage age. Pornography of any kind, including child pornography, is 
prohibited. Girls were sexually exploited through the use of temporary 
marriages, by which the family of the girl receives money in the form 
of a dowry in exchange for permission to marry the girl for a limited 
period of time. Child prostitution is a significant problem. Because 
the age of legal responsibility is nine in the central region and 11 in 
the IKR, children are liable to be treated as criminals instead of 
victims.

    Displaced Children.--Within the IDP population, there were children 
living on the streets (see section 2.d.).

    International Child Abductions.--The country is not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--Fewer than 10 Iraqi Jews remained in Baghdad, and 
none were known to live in other parts of the country.
    The criminal code stipulates that any person who promotes Zionist 
principles, associates himself with Zionist organizations, assists such 
organizations by giving material or moral support, or works in any way 
towards the realization of Zionist objectives is subject to punishment 
by death. There were no examples of application of this law since the 
fall of the regime of Saddam Hussein.
    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 states that the 
government, through laws and regulations, should care for and 
rehabilitate persons with disabilities and special needs in order to 
reintegrate them into society. There are no laws, however, prohibiting 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, or the provision of other state services. Access for persons with 
disabilities to buildings and in educational and work settings remained 
inconsistent.
    The government has programs to help persons with disabilities. 
However, numerous media reports documented the challenges these 
programs faced, including large special needs populations and the lack 
of qualified, trained personnel. Amputees, persons with other major 
physical injuries, and persons with mental/psychological trauma were 
the focus of most media reports. The Ministry of Health provided 
medical care, benefits, and rehabilitation, when available, and persons 
with disabilities could qualify for benefits from other agencies, 
including the Prime Minister's Office. The Ministry of Labor and Social 
Affairs operated several institutions for children and young adults 
with disabilities, although the quality of care was unknown. The 
Ministry of Health's most recent estimate of the number of persons with 
physical and mental disabilities was two to three million, 
approximately 10 percent of the population.

    National/Racial/Ethnic Minorities.--The country's population 
includes Arabs, Kurds, Turkmen, as well as religious minorities 
including Chaldeans, Assyrians, Armenians, Yezidis, Sabean-Mandaeans, 
Baha'i, Shabak, Kakai, and a small number of Jews. Many consider the 
Assyrians and Chaldeans to be a distinct ethnic group. These 
communities speak a different language, preserve Christian traditions, 
and do not define themselves as Arabs. The country also has citizens of 
African descent, ``Black Iraqis,'' a population that community 
representatives estimated to number more than one million.
    The constitution identifies Arabic and Kurdish as the two official 
languages of the state. It also provides the right of citizens to 
educate their children in their mother tongue, such as Turkmen, Syriac, 
or Armenian, in government educational institutions in accordance with 
educational guidelines or in any other language in private educational 
institutions.
    During the year discrimination against ethnic minorities was a 
problem. There were numerous reports of Kurdish authorities 
discriminating against minorities, including Turkmen, Arabs, Yezidis, 
and Assyrians, in the disputed territories under the de facto control 
of the KRG. According to these reports, authorities denied services to 
some villages, arrested minorities without due process, took them to 
undisclosed locations for detention, and pressured minority schools to 
teach in the Kurdish language. Ethnic and religious minorities in 
Tameem frequently charged that Kurdish security forces targeted Arabs 
and Turkmen.
    Within the three provinces of the IKR, there was little evidence of 
sanctioned government discrimination against religious and ethnic 
minorities, although there have been complaints that KRG authorities 
have been slow to return land confiscated by the previous regime that 
had belonged to Christian churches and Christian farmers. Minority 
communities operated their own schools and were represented both in the 
parliament and executive branch of the KRG.
    However, incidents of societal violence against minorities in the 
IKR did occur. On December 2, between 300 and 1,000 rioters attacked 
legally operating businesses owned by Christians and Yezidis in Dohuk 
Province. The rioters burned or destroyed 26 liquor stores, a massage 
parlor, four hotels, and a casino. The riot followed midday prayers at 
the Rasheed Mosque in Zakho where the imam had allegedly denounced the 
businesses as anti-Islamic and had incited followers to attack them. In 
addition to promising compensation for those who suffered damages to 
property and businesses, President Barzani ordered the formation of an 
investigation committee, which concluded that some followers of the KIU 
``emboldened the violence'' against Christian businesses, that some 
leaders of the KDP ``failed to control their members from attacking KIU 
organization centers,'' and that Dohuk Province security and 
administrative officials were ``negligent'' in their control of the 
situation. As of year's end, no one had been compensated for property 
lost or destroyed.
    According to press reports, Palestinians continued to experience 
arrest, detention, harassment, and abuse by authorities. A 2006 
citizenship law prevents Palestinians from obtaining citizenship and 
Jews who emigrated to other countries from reclaiming citizenship.
    Black Iraqis reported widespread economic and social 
discrimination. Black Iraqi leaders estimate that more than 20 percent 
of the Black Iraqi population was unemployed, compared to an overall 
unemployment rate of 15 percent. Minority Rights Group International 
reported that many were laborers or worked as domestic workers.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--There was no law specifically 
prohibiting consensual same-sex sexual activity, although the penal 
code prohibits sodomy, irrespective of gender. There were no data on 
prosecutions for sodomy. Due to social conventions and retribution 
against both victim and perpetrator of nonconsensual same-sex sexual 
conduct and persecution against participants in consensual same-sex 
sexual conduct, this activity was generally unreported.
    In light of the law, the authorities relied on public indecency 
charges or confessions of monetary exchange, (i.e., prostitution, which 
is illegal) to prosecute same-sex sexual activity. Lesbian, gay, 
bisexual, and transgender (LGBT) persons often faced abuse and violence 
from family and nongovernmental actors. UNAMI reported that at least 
six individuals were killed because of their perceived sexual 
orientation and that an NGO relocated a 17-year-old boy after his 
family attempted to kill him because they thought he was gay. The 
procedures used to arrest LGBT persons also were used to arrest 
heterosexual persons involved in sexual relations with persons other 
than their spouses.
    Due to social conventions and potential persecution, including 
violent attacks, LGBT organizations did not operate openly, nor were 
gay pride marches or gay rights advocacy events held. Societal 
discrimination based on sexual orientation and gender identity in 
employment, occupation, and housing was common. Information was not 
available regarding discrimination in access to education or health 
care due to sexual orientation or gender identity. There were no 
government efforts to address this discrimination.
    At year's end authorities had not announced any arrests or 
prosecutions of any persons for violence against LGBT individuals.

    Other Societal Violence or Discrimination.--There were no reports 
of physical violence against persons with HIV/AIDS, but the topic was 
socially sensitive and not discussed publicly. Militias harassed and 
threatened persons with HIV/AIDS on the grounds that being infected was 
``evidence of sin.'' The government worked to decrease discrimination 
through public education campaigns and provided medical care to persons 
with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The 2005 constitution states that citizens have the right to form and 
join unions and professional associations, as well as to demonstrate 
and strike peacefully in accordance with the law; however, the1987 
labor code and later decrees place severe limitations and conditions on 
freedom of association, the right to strike, and collective bargaining, 
particularly in the public sector. Under the labor code, the right to 
organize is extremely limited, and there is no provision for the right 
to strike.
    Though the labor code provides for public sector unions, Resolution 
150 of the 1987 code eliminates unions and the right of association 
from the public sector and state-owned enterprises and also bars all 
public sector strikes. Workers in essential services are expressly 
prohibited from striking as well. The law allows private sector 
employees to form workers' committees, with limited rights, in 
worksites employing more than 50 workers. The large majority of private 
sector businesses in the country employed fewer than 50 workers. 
Private sector unions have the right to seek government arbitration for 
labor disputes but not the right to strike.
    The law does not protect the right to collective bargaining. 
Additionally, the law does not specifically prohibit antiunion 
discrimination by employers or others, nor does it provide 
reinstatement for workers fired for union activity.
    The labor law states that Arab workers should be treated like 
citizens but does not provide for the rights of other migrant workers. 
Domestic servants and agricultural workers are excluded from certain 
provisions of the labor law.
    By law the establishment of unions or federations outside the 
General Federation of Iraqi Workers (GFIW) is prohibited. However, in 
practice there were five major unions and federations in the country: 
GFIW, the Federation of Workers' Councils and Unions in Iraq, the 
General Federation of Trade Unions and Workers Council in Iraq, the 
Kurdistan United Workers Union, and the Iraq Federation of Oil Unions. 
Although unions other than the GFIW were not ``official'' unions, the 
government tolerated their existence, according to a union leader.
    Decree 8750 of 2005, which cancelled unions' leadership boards and 
froze their assets, further restricted union activity by prohibiting 
unions from holding funds, collecting dues, and maintaining assets.
    The 1987 labor code effectively ruled out the existence of labor 
unions able to carry out free and independent union activity and 
prevented independent organizing and collective bargaining in the 
public and private sectors.
    Freedom of association and the right to collective bargaining were 
not respected in practice. The government did not effectively enforce 
the law and frequently interfered in union activities, especially in 
the public and oil sectors. Antiunion discrimination occurred in the 
private sector as well, and employers interfered in union functions and 
threatened or punished workers for union activity.
    In April the government derecognized and attempted to take over the 
structures and assets of the GFIW in order to interfere with its 
elections. Created in 2005, the GFIW is comprised of 12 national unions 
and was previously the only trade union officially recognized by the 
government. According to a senior leader of a labor union, the 
government also created a committee to oversee and monitor labor union 
elections.
    Strikers were harassed and threatened for striking during the year. 
Ministries and state-owned enterprises used fines and forced transfers 
to punish labor activists and discourage union activity. For example, 
when oil workers struck in Basrah, several union leaders were forced to 
relocate to the north as a tactic to prevent future striking activity. 
Elsewhere in the oil sector, workers faced outsize fines for 
participating in peaceful demonstrations. Labor unions reported being 
charged under the antiterrorism law by the Ministry of Interior if they 
attempted to organize a strike. Furthermore, unions made serious 
allegations that the government attempted to assassinate union leaders 
during the year.
    Firas `Ali, a union activist, was detained by members of the armed 
forces while he was at the Baghdad office of the Federation of Workers' 
Councils and Unions in Iraq on April 13. He was released on April 27.
    Because unions had no legal power to negotiate with employers, 
proactive protection of workers' rights through collective bargaining 
was not possible. The absence of collective bargaining and collective 
contracts at national and local levels significantly diminished unions' 
power to defend workers' rights pertaining to their access to social 
protection. Some unions were able to play a supportive role in labor 
disputes, and they had the right to demand government arbitration, a 
process the government only recently began to address in its commercial 
courts and judicial training. Government labor courts were empowered to 
rule on labor code violations and disagreements.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, but the government did not 
effectively monitor or enforce the law. Migrant workers occasionally 
were subjected 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 
constitution and law prohibit the worst forms of child labor. However, 
the government did not monitor or enforce these laws effectively, and 
child labor remained a problem. Despite laws against child labor, 
children often worked illegally on farms or in street commerce. In 
accordance with the labor law, MOLSA established an inspection service 
to ensure compliance with the law as it relates to prohibitions on 
child labor in the private and public sector.
    The law limits working hours for persons younger than 18 and 
prohibits their employment in dangerous occupations. The minimum age 
for employment is 15. The law prohibits employment of anyone younger 
than 16 in work that is detrimental to health, safety, or morals. 
Article 34 of the constitution guarantees the right of free education 
and citizen children are required to attend school until age 11. This 
left children ages 12 to 15 vulnerable to child labor, as they were not 
required to be in school but were not permitted to work. Children 
employed in family enterprises were exempt from some protections with 
regard to employment conditions (see section 6).
    A 2010 survey by the Kurdistan Safe Children Organization (KSC) put 
the number of children engaged in illegal labor activities in all three 
IKR provinces at 12,479 and developed a program to minimize this 
practice. In cooperation with local authorities in the IKR, KSC 
supplemented the income of families with children vulnerable to child 
labor. The KMOLSA assumed management of this program during the year.
    Data on child labor was limited. Poor families routinely used child 
labor to augment their incomes. This work often took the form of 
seasonal labor in rural areas, or begging or peddling in urban 
settings. There were anecdotal reports of children performing hazardous 
work in family-owned automobile shops or on construction sites. 
Unconfirmed reports alleged the sale of children for indentured 
servitude. Sunni and Shia militias, as well as al-Qaida in Iraq, 
recruited and used children for spying, working as couriers, scouting, 
and planting improvised explosive devices.
    Also see the Department of Labor's Findings on the Worst Forms of 
Child Labor www.dol.gov/ilab/programs/ocft/tda.htm.

    d. Acceptable Conditions of Work.--The national minimum wage for a 
skilled worker was less than 12,000 dinars (approximately $10) per day 
and for an unskilled worker less than 5,250 dinars ($4.50) per day. 
Wages were set by contract in the private sector and by the government 
in the public sector. The Central Organization of Statistics and 
Information Technology reported that the average salary in 2009--the 
latest year for which information was available--was approximately 2.4 
million dinars ($2,060) per year, an increase over the previous year's 
figure of 1.78 million dinars ($1,528). These earnings remained two to 
three times poverty level, defined in the 2009 Central Organization of 
Statistics and Information Technology report as 923,000 dinars ($792) 
per person per year.
    The standard workday is eight hours with one or more rest periods. 
Up to four hours of overtime work per day is permitted, and premium pay 
for overtime is required. Regulations on working conditions existed but 
were almost entirely unenforced.
    The legal and regulatory framework, combined with the country's 
high level of violence and insecurity, high unemployment, a large 
informal sector, and lack of decent work standards, resulted in 
unacceptable conditions for many workers. The MOLSA Labor Directorate 
had jurisdiction over the labor code, child labor, wages, occupational 
safety and health issues, and labor relations. The ministry's 
occupational safety and health component staff were located throughout 
the country. Labor union leaders urged more training in occupational 
health and safety due to the large number of on-the-job injuries, 
especially for manual laborers. There were no significant government 
efforts to address violations or improve wages and working conditions 
during the year.
    There was little information available on the number of foreign 
workers in the country. Migrant workers have no legal protections. Some 
foreign workers in the country were subjected to abusive treatment and 
conditions associated with forced labor, including confiscation of 
travel and identity documents, restrictions on movement and 
communication, physical abuse, sexual harassment and rape, withholding 
of wages, forced overtime, and hazardous working conditions. The 
Ministry of Interior, in coordination with MOLSA, reviewed applications 
for special worker status. According to MOLSA, most migrant 
applications were denied to protect domestic workers and industry.
    A lack of oversight and monitoring of employment contracts left 
foreign and migrant workers vulnerable to exploitative working 
conditions. From December 2010 through October 2011, 35 Ukrainian and 
Bulgarian construction workers lived on an abandoned construction site 
in the International Zone. Their employer had promised to pay them 
$2,500 per month, but then reneged on the contract and left the workers 
stranded, without back pay or proper documentation to return to their 
home countries. The IOM eventually aided the workers and provided 
humanitarian assistance until they were able to repatriate in October.
    The law provides that workers have the right to remove themselves 
from a situation endangering health and safety without prejudice to 
their employment; however, this right was not afforded to civil 
servants or migrant workers, who made up the majority of the country's 
workforce.

                               __________

                  ISRAEL AND THE OCCUPIED TERRITORIES

                           EXECUTIVE SUMMARY
    Israel is a multiparty parliamentary democracy. Although it has no 
constitution, Israel's parliament, the unicameral 120-member Knesset, 
has enacted a series of ``Basic Laws'' that enumerate fundamental 
rights. Certain fundamental laws, orders, and regulations legally 
depend on the existence of a ``State of Emergency,'' which has been in 
effect since 1948. The Knesset has the power to dissolve the government 
and mandate elections. The 2009 nationwide Knesset elections, 
considered free and fair, resulted in a coalition government led by 
Prime Minister Benjamin Netanyahu. Israeli security forces reported to 
civilian authorities. (An annex to this report covers human rights in 
the occupied territories. This report deals with human rights in Israel 
and the Israeli-occupied Golan Heights.)
    The most significant human rights issues during the year were 
terrorist attacks against civilians; institutional and societal 
discrimination against Arab citizens--in particular issues of access to 
housing and employment opportunities; and societal discrimination and 
domestic violence against women.
    The government generally protected religious freedom, although 
there was institutional and societal discrimination against non-
Orthodox Jews and some minority religious groups. The government ceased 
the practice of immediately returning African asylum seekers who 
reached the country through Egypt but continued to deny many asylum 
seekers individual refugee status determinations, which impacted their 
ability to work or receive basic social services, including health 
care. Societal discrimination and lack of accessibility persisted for 
persons with disabilities. Serious labor rights abuses against foreign 
workers were common, and there were reported cases of trafficking for 
labor purposes.
    The government took steps to prosecute and punish officials who 
committed abuses in the country regardless of rank or seniority.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings during the year.
    Terrorist groups routinely fired rockets and mortars into Israel 
during the year. There were 924 terrorist attacks against citizens, 
both from the West Bank and the Gaza Strip, which included the firing 
of 388 rockets and 247 mortar shells from the Gaza Strip into Israel 
(compared with a total of 235 in 2010). In total 25 persons were killed 
and 119 were injured in these attacks. For example, on April 7, an 
antitank missile fired from the Gaza Strip hit a school bus in southern 
Israel, killing one student. On August 18, a Sinai-based group of 
gunmen crossed the Egyptian border into the country and killed eight 
citizens near the city of Eilat.
    The IDF continued to investigate allegations relating to the 2008-
09 Operation Cast Lead military incursion into the Gaza Strip. Since 
2009 the military advocate general launched 52 military police criminal 
investigations into IDF conduct during the incursion. The military 
advocate general filed three indictments in previous years, two of 
which resulted in convictions. One case continued at year's end. The 
military advocate general also internally disciplined at least six 
officers in connection with actions during Operation Cast Lead.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not refer to a specific crime of torture but 
prohibits acts such as assault and pressure by a public official. A 
1999 High Court of Justice ruling held that, although torture and the 
application of physical or psychological pain are illegal, Israel 
Security Agency (ISA) interrogators may be exempt from criminal 
prosecution if they use such methods in extraordinary cases determined 
to involve an imminent threat or ``ticking bomb'' scenario. Human 
rights organizations alleged that these methods in practice included 
beatings, forcing an individual to hold a stress position for long 
periods, and painful pressure from shackles or restraints applied to 
the forearms. NGOs continued to criticize these and other detention 
practices they termed abusive, including isolation, sleep deprivation, 
and psychological abuse, such as threats to interrogate family members 
or demolish family homes.

    Prison and Detention Center Conditions.--The law provides prisoners 
and detainees the right to conditions that do not harm their health or 
dignity. Conditions in Israel Prison Service (IPS) facilities generally 
met international standards according to international and domestic 
NGOs. All prisoners had access to potable water. (Conditions in four 
facilities for detainees are covered in the annex.)
    According to a December 2010 Haaretz article, there were on average 
13 deaths per year from suicide, murder, or neglect in prisons over the 
past decade. The IPS increased staff training and monitoring of cells 
to combat this phenomenon. Two cases of deaths from suicide were 
recorded during the year. At year's end the police and prison service 
were conducting separate investigations into the causes of the deaths.
    As of December 14, there were 17,755 prisoners in IPS facilities. 
According to IPS figures reported by the nongovernmental organization 
(NGO) B'Tselem, at year's end there were 307 administrative detainees 
in IPS detention centers. Seventeen had been detained for between two 
and four and a half years. One had been detained for more than five 
years (see section 1.d., Arrest Procedures and Treatment While in 
Detention). None of them were minors. Prison conditions were equal for 
male and female prisoners.
    Prisoners and detainees had reasonable access to visitors, 
including through a program of the International Committee of the Red 
Cross (ICRC) that brought relatives from the West Bank into the country 
for prison visits. The government stopped a similar program for 
visitors from the Gaza Strip following the 2007 Hamas takeover of the 
Gaza Strip, maintaining that such visits did not constitute a 
humanitarian need. Travel restrictions into the country affected some 
Palestinian prisoners' access to visitors and lawyers. Prisoners were 
permitted religious observance.
    The law allows prisoners to submit a petition to judicial 
authorities in response to substandard prison conditions, and the 
authorities investigated credible allegations of inhumane conditions 
and documented results of such investigations publicly. In addition, 
the state comptroller investigates public complaints against government 
institutions, including the prison service. The law allows for 
alternatives to sentencing for nonviolent offenders, including 
community service.
    The ICRC regularly monitored IPS facilities, interrogation 
facilities, and the two IDF provisional detention centers in accordance 
with standard modalities but did not monitor security detainees in 
military detention centers. The government also permitted the Israel 
Bar Association and Public Defenders' Office to inspect IPS facilities, 
and they did so during the year.

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

    Role of the Police and Security Apparatus.--Under the authority of 
the prime minister, the ISA combats terrorism and espionage in the 
country and the occupied territories (see annex). The National Police, 
including the Border Police and the Immigration Police, are under the 
authority of the Ministry of Internal Security. Civilian authorities 
maintained effective control over the ISA and 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. The military is responsible for external 
security and has no jurisdiction over citizens.

    Arrest Procedures and Treatment While in Detention.--Criminal 
suspects are apprehended with warrants based on sufficient evidence and 
issued by an authorized official. Authorities generally informed such 
persons promptly of charges against them. The law allows authorities to 
detain suspects without charge for 24 hours before bringing them before 
a judge, with limited exceptions allowing for up to 48 hours. 
Authorities respected these rights in practice. Authorities allowed 
detainees to consult with an attorney in a timely manner, including one 
provided by the state for the indigent, and to contact family members 
promptly. A functioning bail system exists, and a decision denying bail 
can be appealed.
    As a general practice, noncitizens of Palestinian origin detained 
for security violations were either granted or denied bail according to 
the circumstances of each case, severity of the offenses, status as a 
minor if relevant, risk of escape, and other factors. Persons detained 
on security grounds fall under one of three legal regimes.
    First, under a temporary law on criminal procedures that has been 
repeatedly renewed, the IPS may hold individuals suspected of a 
security offense for 48 hours before being brought to a judge, with 
limited exceptions allowing up to 96 hours before being brought to the 
senior judge of a district court. The law allows the court to authorize 
holding a detainee for up to 20 days without an indictment in 
exceptional cases for interrogation.
    Second, the 1979 Emergency Powers Law allows the Defense Ministry 
to detain persons administratively without charge for up to six months, 
renewable indefinitely. Administrative detention was used as an 
exception when intelligence sources could not be presented as evidence 
in regular criminal proceedings. An administrative detainee has the 
right to appeal any decision to lengthen detention to a military court 
of appeals and ultimately to the Supreme Court. According to the 
government, many cases were appealed to the Supreme Court. The military 
courts may rely on classified evidence denied to detainees and their 
lawyers when determining whether to prolong administrative detention.
    Third, the 2002 Illegal Combatant Law permits holding a detainee 
for 14 days before review by a district court judge, denying access to 
counsel for up to 21 days with the attorney general's approval, and 
allowing indefinite detention subject to twice-yearly district court 
reviews and appeals to the Supreme Court. As of November authorities 
held only one Palestinian resident of the Gaza Strip in detention under 
the Illegal Combatant Law.
    The law provides that foreign nationals suspected of immigration 
violations be afforded a hearing within four days of detention. They 
have the right to, but no assurance of, legal representation. According 
to the NGO Hotline for Migrant Workers (Hotline), interpreters in 
Ketziot, where most asylum seekers were detained, were rarely present 
during hearings.
    The president pardoned and the government released from prison 
1,021 Palestinians, five Israeli Arabs, and one Syrian prisoner through 
transfers on October 18 and December 18. They were released in exchange 
for Hamas' release of IDF soldier Gilad Shalit, whom terrorists 
kidnapped during a 2006 cross-border attack from the Gaza Strip.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the government respected this provision in 
practice.

    Trial Procedures.--Defendants enjoy the right to presumption of 
innocence and the right to consult with an attorney, or if indigent, to 
have one provided at public expense. Trials are public except when the 
court determines that a closed trial is required to protect state 
security, foreign relations, a party or witness's right to privacy, or 
a sexual offense victim. There are no trials by jury. Defendants have 
the right to confront witnesses against them and present witnesses and 
evidence on their behalf, access evidence held against them (except 
when the court determines such access would compromise national 
security), and appeal to the Supreme Court. Although the government may 
withhold evidence from defense lawyers on security grounds, the 
evidence must be made available to the court. The annex covers military 
court trials of Palestinians and others in the occupied territories.
    At the discretion of the court, security or military trials may be 
open to independent observers but not to the general public.
    Military courts provide some, but not all, of the procedural rights 
granted in civil criminal courts. The 1970 evidentiary rules governing 
trials of Palestinians and others applicable in the occupied 
territories under military law are the same as evidentiary rules in 
criminal cases. According to the Ministry of Justice, the law does not 
permit convictions to be based solely on confessions. In military 
trials prosecutors often present secret evidence that is not available 
to the defendant or counsel. Counsel may assist the accused in such 
trials, and a judge may assign counsel to defendants. Indigent 
detainees do not automatically receive free legal counsel for military 
trials, but in practice almost all detainees had counsel even in minor 
cases. The defendant and public are read the indictment orally in 
Hebrew and, unless the defendant waives this right, in Arabic. In past 
years many written indictments were translated into Arabic, but, since 
according to the government no requests for translations were made, the 
practice during the year was to provide written translations of 
indictments into Arabic only upon request. At least one interpreter is 
present for simultaneous interpretation in every military court 
hearing, unless the defendant waives that right. Defendants can appeal 
through the Military Court of Appeals and petition the High Court of 
Justice.

    Political Prisoners and Detainees.--There were no reports of 
citizen political prisoners or detainees. NGOs alleged there were 
noncitizen political detainees, but the government maintained that it 
only held prisoners on criminal and security grounds (see annex).

    Civil Judicial Procedures and Remedies.--An independent and 
impartial judiciary adjudicates lawsuits seeking damages for, or 
cessation of, human rights violations. Administrative remedies exist, 
and court orders were usually enforced. By year's end the attorney 
general had yet to enforce the 11 contempt of court ordinances and 
Supreme Court rulings that the former deputy attorney general had noted 
in February 2010 were unimplemented.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the government 
generally respected those prohibitions in practice. Separate religious 
court systems adjudicate matters such as marriage and divorce for the 
Jewish, Muslim, Christian, and Druze communities. Civil marriages, 
marriages of some non-Orthodox Jews, marriages in non-Orthodox 
ceremonies, marriage of a Jew to a non-Jew, or marriage of a Muslim 
woman to a non-Muslim must take place outside the country to be 
considered legal. Many Jewish citizens objected to exclusive Orthodox 
control over aspects of their personal lives. Approximately 322,000 
citizens, who immigrated either as Jews or as family members of Jews, 
are not considered Jewish by the Orthodox Rabbinate and cannot be 
married, divorced, or buried in Jewish cemeteries within the country. A 
law requiring the government to establish civil cemeteries has not been 
fully implemented, although eight civil cemeteries exist.
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 these rights in 
practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and press.

    Freedom of Speech.--Individuals may criticize the government 
publicly and privately without reprisal. The law prohibits hate speech 
and incitement to violence, and the 1948 Prevention of Terrorism 
Ordinance prohibits expressing support for illegal or terrorist 
organizations. On July 11, the Knesset passed legislation that permits 
civil cases for damages against citizens who publicly and knowingly 
advocate for anti-Israel boycotts. Israeli NGOs challenged the 
constitutionality of this law in a petition to the High Court, and the 
law was not being implemented pending the court's ruling.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views without restriction, although the prohibitions 
on airing content liable to incite to discrimination on ground of race, 
origin, religion, nationality, and gender also applied to media.

    Censorship or Content Restrictions.--All media organizations must 
submit to military censors any material relating to specific military 
issues or strategic infrastructure issues, such as oil and water 
supplies. The censor's decisions may be appealed to the High Court of 
Justice, and the censor cannot appeal a court judgment. The Interior 
Ministry has no authority over the military censor.
    News printed or broadcast abroad is subject to security censorship. 
The government did not fine newspapers or other mass media for 
violating censorship regulations during the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. The government monitored e-mail and Internet chat 
rooms for security purposes.

    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 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 respected these rights in practice for 
citizens (see annex). 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 some refugees, 
asylum seekers, and other persons of concern. At year's end 175 asylum 
seekers with disputed nationalities remained in detention pending 
formal decisions on whether to grant conditional release visas or to 
deport them, according to the UNHRC.

    Foreign Travel.--Citizens generally were free to travel abroad 
provided they had no outstanding military obligations and no 
administrative restrictions. The government may bar citizens from 
leaving the country based on security considerations. No citizen is 
permitted to travel to any state officially at war with the country 
without government permission. All citizens required a special permit 
to enter ``Area A'' (the area, according to the Interim Agreement, in 
which the Palestinian Authority exercises civil and security 
responsibility), although the government allowed Arab citizens access 
without permits. On March 7, the High Court responded to a 2007 
petition by the Association for Civil Rights in Israel and Adalah 
regarding alleged ethnic profiling by asking the government to explain 
why security officials discriminated against Israeli Arabs during 
airport screenings. On May 26, the government rejected the claim of 
discrimination and stated that the security examination procedures were 
effective in achieving the goal of foiling terrorism.

    Protection of Refugees.--Access to Asylum.--The country's laws 
provide for the granting of temporary asylum, and the government has 
established a system for providing temporary protection for most asylum 
seekers; however, there were complaints about the system's 
accessibility and reports of discrimination. The UNHRC and NGOs 
criticized new asylum regulations released on January 2 that require 
applicants to submit claims within one year of arriving in the country, 
allow the Ministry of Interior to reject applications without appeal 
even at the registration stage, and exclude ``enemy nationals'' from 
receiving asylum. The regulations fail to establish an independent 
appeal process.
    Sudanese and Eritrean asylum seekers, who constituted approximately 
85 percent of all asylum seekers in the country, were not allowed 
access to asylum procedures but were given renewable ``conditional 
release'' documents that deferred deportation and had to be renewed 
every few months. According to the UNHRC, during the year there were 
4,603 new asylum applications; the government rejected 3,692 and 
approved one. There were 6,412 previous cases that remained pending at 
year's end.
    Persons held in immigration detention rarely were released prior to 
judicial determination of their status. Moreover, if the detainee's 
country of origin had no diplomatic or consular representation, the 
individual could remain in detention for months.
    Government officials often negatively referred to asylum seekers as 
``infiltrators.'' According to NGOs, officials periodically 
characterized asylum seekers as directly associated with rises in 
crime, disease, and terrorism. On December 8, in an interview with Army 
Radio, Minister of Interior Eli Yishai said, ``I will safeguard the 
Jewish majority of the state, and I ensure that the last of the 
Sudanese, and the Eritreans, and all of the infiltrators, to the last 
of them, will return to their countries.''

    Nonrefoulement.--The government provided some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom could be threatened. In March the government declared the 
suspension of the ``hot returns'' procedure of immediately returning 
African asylum seekers across the border to Egypt. According to an IDF 
affidavit to the Supreme Court, there were 119 cases of ``hot returns'' 
through the first week of March. On July 7, the Supreme Court rejected 
a petition filed by several NGOs against the ``hot return'' procedure. 
It stated that the government's decision to suspend the practice 
rendered the petition moot but emphasized that the ruling was not a 
decision on the legality of the practice, nor did it preclude future 
petitions should the government resume the practice. In August the 
Refugee Rights Clinic and Hotline for Migrant Workers filed a complaint 
to the IDF legal advisor regarding several credible reports of 
instances of return of asylum seekers to Egypt in violation of the 
government's declaration. The IDF opened an investigation of the 
allegations, which was pending at year's end. No credible reports of 
``hot returns'' were received after August.

    Employment.--Recognized refugees were given renewable work visas, 
but renewable documents given to most asylum seekers explicitly stated, 
``This is not a work visa.'' In practice, however, the government 
informally allowed asylum seekers to work. On December 4, Prime 
Minister Netanyahu announced that the government would begin to enforce 
the prohibition on asylum seekers working. On December 11, the cabinet 
passed a series of measures that included a request that authorities 
pursue cases against employers of asylum seekers.

    Access to Basic Services.--Recognized refugees received social 
services, including access to the national healthcare system, but the 
government did not provide asylum seekers with public social benefits 
such as health insurance. NGOs were critical of the process of victim 
identification and the lack of medical treatment upon arrival for 
asylum seekers who had been abused, raped, and tortured in Egypt. The 
UNHRC and NGOs advocated for greater access to health and social 
services for asylum seekers, particularly victims of abuse. In July the 
Refugee Rights Clinic and Hotline for Migrant Workers filed a petition 
in the Be'er Sheva District Court regarding the segregation of children 
of asylum seekers in the city of Eilat, who were not accepted into the 
school system but forced to study in a makeshift school outside of 
Eilat's municipal boundary. The case was pending at year's end.

    Temporary Protection.--The government provided temporary protection 
primarily to Eritrean and Sudanese asylum seekers, and at times to 
asylum seekers from the Democratic Republic of Congo, Ivory Coast, and 
Somalia.
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.--
Parliamentary elections held in 2009 were considered free and fair.

    Political Parties.--The Basic Law prohibits the candidacy of any 
party or individual that denies the existence of the State of Israel as 
the state of the Jewish people or the democratic character of the 
state, or that incites racism. Otherwise, political parties operated 
without restriction or interference.

    Participation of Women and Minorities.--Women and minorities were 
participants in political life on the same legal basis as men or 
nonminority citizens. Although the senior leaders have traditionally 
come from the predominantly male IDF, women generally do not face 
cultural barriers in politics, including in leadership positions up to 
prime minister. Women face significant cultural barriers in political 
parties representing conservative religious movements and the Arab 
minority. At year's end the 120-member Knesset had 24 female and 14 
Arab members. The 30-member cabinet included three women but no Arabs; 
two women and one Arab were deputy ministers. Five members of the 15-
member Supreme Court, including its president, were women. One Arab was 
a justice of the Supreme Court.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government implemented these laws effectively. There were reports 
of government corruption during the year, although impunity was not a 
problem. The media routinely reported on corruption. The National 
Police, the state comptroller, the attorney general, and the accountant 
general are responsible for combating official corruption. Senior 
officials are subject to comprehensive financial disclosure laws.
    During the year the government investigated and prosecuted several 
senior political figures for alleged misconduct. NGOs focused on 
anticorruption efforts operated freely without government interference. 
On September 5, an unknown assailant stabbed in the face and leg a 
Bedouin lawyer for the Movement for Quality Government in Israel as an 
apparent reprisal for his investigating local corruption in Israeli 
Arab municipalities in the Negev.
    On August 4, police interrogated a Supreme Court justice as a 
suspect in a criminal case. Justice Yoram Danziger took a leave of 
absence from the court before questioning that centered on his former 
activities and fees as a private lawyer in connection with Bat Yam 
mayor Shlomo Lahiani, whom police were investigating for bribery, 
fraud, and breach of trust.
    The law requires governmental agencies to make their internal 
regulations, administrative procedures, and directives available to the 
public.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Numerous domestic and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Human rights NGOs have standing to 
petition the High Court directly regarding governmental policies and 
can appeal individual cases to the Supreme Court. Government officials 
were cooperative to widely varying degrees, and some routinely invited 
domestic NGOs, including those critical of the government, to 
participate in Knesset hearings on proposed legislation. A unit in the 
foreign ministry maintained relations with certain international and 
domestic NGOs.
    During the year the Ministry of Interior barred entry into the 
country to foreign nationals affiliated with certain pro-Palestinian 
human rights NGOs and solidarity organizations. The government stated 
this was done on an individual basis, not according to the activities 
or platform of the NGOs with which these persons were affiliated.

    U.N. and Other International Bodies.--The government cooperated 
with U.N. and other international bodies. In December the government 
hosted the Human Rights Council's Special Rapporteur on Freedom of 
Expression.

    Government Human Rights Bodies.--The state comptroller also served 
as ombudsman for human rights issues. The ombudsman investigates 
complaints against statutory bodies that are subject to audit by the 
state comptroller, including government ministries, local authorities, 
state enterprises and institutions, government corporations, and their 
employees. The ombudsman is entitled to use any relevant means of 
inquiry and has the capacity to order any person or body to assist in 
the inquiry.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, gender, 
disability, language, or social status, and the government was 
generally effective in enforcing these prohibitions.

    Women.--Rape and Domestic Violence.--Rape, including spousal rape, 
is a felony, punishable by 16 years in prison. The law doubles the 
penalty if the perpetrator assaults or rapes a relative. The government 
reported 727 cases opened due to rape complaints through October. The 
government effectively enforced rape laws during the year. As of 
September women filed 11,886 domestic violence complaints with police, 
of which at year's end 556 were still being investigated, 2,758 were 
transferred to the State Attorney's Office, 1,291 were heard by courts, 
and 7,281 were closed. According to the Association of Rape Crisis 
Centers in Israel, the majority of rape victims do not report the crime 
to the authorities due to social and cultural pressure. Women from 
certain Orthodox Jewish, Muslim, and Druze communities face significant 
social pressure against reporting rape or domestic abuse.
    On November 10, the Supreme Court rejected former president Moshe 
Katsav's appeal of his 2010 rape conviction, and he began serving his 
seven-year prison sentence on December 7. In January, the month 
following his conviction, a record number of women sought services at 
rape crisis centers, according to the Association of Rape Crisis 
Centers in Israel. The association reported that 42 percent of calls 
dealt with rape or attempted rape, 23 percent with incest, 10 percent 
reported indecent acts, and 8 percent reported sexual harassment at 
work.
    The Ministry of Social Affairs operated a battered women's shelter 
and an abuse reporting hotline. The police operated a call center to 
inform victims about their cases. Women's organizations provided 
counseling, crisis intervention, legal assistance, and shelters.

    Harmful Traditional Practices.--Several ``honor'' killings occurred 
within the Arab community. Police continued investigating Ramadan and 
Khaled Musrati, arrested in October 2010 on suspicion of involvement in 
four murders in Lod, where the victims were killed for allegedly being 
in relationships that members of their families viewed as 
inappropriate.

    Sexual Harassment.--Sexual harassment is illegal but remained 
widespread. According to a survey directed by the Tel Aviv Municipality 
Committee for Advancing the Status of Women, 83 percent of Tel Aviv 
women reported being sexually harassed at least once in their lifetime. 
The law requires that suspected victims be informed of their right to 
assistance. Penalties for sexual harassment depend on the severity of 
the act and whether blackmail is involved, and range from two to nine 
years' imprisonment. Police investigated 327 cases of sexual harassment 
during the year and by year's end transferred 66 cases for prosecution 
while continuing to investigate 108 cases. Three cases were heard by 
the courts, and the rest were closed for lack of evidence. Police 
notify all victims of their right to be assisted by the Association of 
Rape Crisis Centers in Israel, and the law ensures victims can be 
informed of the progress on their cases through a computerized system 
and information call center.
    ``Modesty patrols'' continued to harass women in some ``haredi'' 
(also known as ultra-Orthodox) neighborhoods, according to NGOs and 
local media. There were reports of segregation of women and men in 
public spaces, including at public health clinics in haredi 
neighborhoods. On January 7, the Supreme Court ruled that gender 
segregation on public buses could not be imposed or ordered but could 
occur only on a voluntary basis. Despite the ruling there were 
continued reports of forced segregation on public buses. On December 
16, both a bus driver and police officer requested that Ashdod resident 
Tanya Rosenblit move to the back of a public bus from Ashdod to 
Jerusalem due to haredi protests, but she was allowed to refuse and 
stay at the front of the bus. There were also reports of increased 
segregation at the Western Wall compound, including maintaining the 
country's only men-only walkway. In December harassment of an eight-
year-old girl attending a Modern Orthodox school in Beit Shemesh by 
haredi men sparked large protests against haredi attempts to segregate 
genders in public spaces, with hundreds of haredim responding by 
rioting, lighting fires, and throwing stones when police took down 
haredi signs calling for separation of the sexes. According to the 
Ministry of Education, gender segregation was in effect at 65 percent 
of the state-funded religious elementary schools in the country, 
compared with 25 percent in 2001.

    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, although women 
in haredi communities often had to seek approval from a rabbi to use 
contraception.

    Discrimination.--In the secular criminal and civil courts, women 
and men enjoyed the same rights, but religious courts responsible for 
adjudication of family law limit the rights of Jewish and Muslim women. 
A Jewish woman is allowed to initiate divorce proceedings, but her 
husband must give his consent to make the divorce final. Because some 
men refuse to grant the divorce, thousands of ``agunot'' (chained 
women) may not remarry or give birth to legitimate children. Rabbinical 
tribunals may, and sometimes did, sanction a husband who refused 
divorce but still did not grant a divorce without his consent. A Muslim 
woman may petition for and receive a divorce through the Sharia courts 
without her husband's consent under certain conditions, and a marriage 
contract may provide for other circumstances in which she may obtain a 
divorce without her husband's consent. A Muslim man may divorce his 
wife without her consent and without petitioning the court. Christians 
may seek official separations or divorces, depending on the 
denomination, through ecclesiastical courts.
    Although the law prohibits discrimination based on gender in 
employment and wages and provides for class action suits, women across 
most ethnic and religious groups faced labor discrimination. According 
to international surveys, women earned on average 53 percent of the 
amount earned by men in comparable positions.
    The government enacted a number of programs to improve the status 
of women in the workplace and society. The Authority for the 
Advancement of the Status of Women in the Prime Minister's Office works 
to mainstream women's participation in the government and private 
sector, along with combating sexual harassment and domestic violence. 
Every city, local council, and government ministry in the country is 
required to have an adviser working to advance women's issues. The 
authority works with these advisers to develop action plans, submits 
regular opinions on Knesset legislation, and conducts 40 ``empowerment 
courses'' annually for women in cities across the country, particularly 
in the periphery and among Arab citizens. It also regularly provides 
materials on sexual harassment and ensures that job advertisements use 
gender-neutral language.

    Children.--Birth registration.--Citizenship at birth is derived 
within or outside of the country to at least one citizen parent. Births 
are registered within 10 days of the delivery.

    Education.--Education is free, universal, and compulsory through 
age 17, which usually coincides with the 12th grade. Compulsory 
education was not enforced, however, in unrecognized Bedouin villages 
in the Negev, and many Bedouin families prevented Bedouin girls from 
travelling to school. Bedouin children continued to have the highest 
illiteracy rate in the country. The government operated separate school 
systems for Hebrew-speaking children and Arabic-speaking children. For 
Jewish children there were separate school systems for religious and 
secular families. Individuals could choose to attend a school 
regardless of ethnicity. Haredi political parties continued to oppose 
government regulation of their government-funded school systems.

    Child Abuse.--The National Council of the Child received numerous 
complaints during the year covering issues of health, welfare services, 
education, physical and sexual abuse of children, child pornography, 
and poor educational environments. The government provided specialized 
training to psychologists, offered a free psychological treatment 
program to treat child victims of sexual offenses, and operated a 24-
hour emergency hotline.

    Sexual Exploitation of Children.--The law prohibits sexual 
exploitation of a minor and sets a penalty of at least seven to 20 
years' imprisonment for violators, depending on the circumstances. The 
minimum age of consensual sex is 16 years; consensual sexual relations 
with a minor between the ages of 14-16 is not necessarily considered 
rape but is punishable by five years' imprisonment. According to the 
government, an estimated 100-150 girls and dozens of boys were 
exploited for prostitution annually. The government supported a number 
of programs to combat sexual exploitation of children, including 
establishing an interministerial research team, preparation of 
educational materials, and numerous training sessions for government 
and police officials. According to the Ministry of Welfare, there were 
many cases of children with disabilities who were sexually assaulted 
that awaited investigation during the year.

    International Child Abductions.--The country is 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 numerous reports of anti-Semitic acts 
perpetrated by members of minority groups, including desecration of 
Jewish tombstones on the Mount of Olives. In October unknown persons 
desecrated a number of synagogues in the city of Safed with 
inscriptions on the walls including one that read ``death to the 
Jews.'' The Safed police launched an investigation into the incident. 
The government operated a special department in the State Attorney's 
Office for prosecution of incitement-related crimes.

    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 provides a framework to 
prohibit discrimination against persons with disabilities in access to 
employment, education, health care, and selected other state services. 
The legislation mandates access to buildings, transportation, and 
physical accommodations and services in the workplace. According to 
NGOs the government made limited progress in enforcing these laws.
    Societal discrimination and lack of accessibility persisted in 
employment, transportation, housing, and education. The unemployment 
rate for hard-of-hearing persons was 14 percent, compared to 7 percent 
of the broader population, although NGOs said the figure was 
underreported. The average monthly income of people with disabilities 
was 64 percent lower than monthly income for other workers, according 
to NGOs. Most train stations maintained access for persons with 
disabilities, but interurban buses did not. As of September 2010 
approximately 70 percent of buses did not have such access. In housing, 
few community-based independent living options were available for 
persons with mental or intellectual disabilities. The government and 
NGOs cooperated and built infrastructure and materials for students 
with disabilities during the year. NGOs noted that hard-of-hearing 
students sometimes were channeled into inappropriate tracks such as 
schools for mentally disabled persons. Such problems were generally 
more acute in the Israeli Arab population.
    The Commission for Equal Rights of People with Disabilities within 
the Ministry of Justice is responsible for protecting the rights of 
persons with disabilities but relies on government ministries to enact 
regulations. The commission took legal action in the areas of 
accessibility and employment and issued regulations to provide access 
to services and public sites. According to three NGOs (Bekol, Bizchut, 
and Al Manarah), however, implementation of these regulations was slow 
overall, especially for Israeli Arab communities. The Division for 
Integrating Persons with Disabilities in the Labor Market within the 
Ministry of Industry examines and promotes employment for persons with 
disabilities. The Ministry of Social Affairs and Social Services 
provides out-of-home placement and sheltered employment for persons 
with cognitive, physical, and communication disabilities. It also 
handles criminal investigations involving persons with certain 
disabilities, either victims or offenders, when police request 
assistance. The National Insurance Agency provides financial benefits 
and stipends, the Ministry of Health provides mental health and 
rehabilitation services, and the Ministry of Education provides special 
education services. A report during the year by the Commission for 
Equal Rights of Persons with Disabilities found that the socioeconomic 
status of people with disabilities was worse than that of the general 
population.

    National/Racial/Ethnic Minorities.--Arab citizens of the country 
faced institutional and societal discrimination. Tensions between Arabs 
and Jews were sometimes high in areas where the two communities 
overlap, such as Jerusalem, the Galilee, and Negev, and in some cities 
with historically separate Jewish and Arab neighborhoods.
    On March 23, the Knesset codified into law the longtime practice of 
community admissions committees determining someone's suitability for 
moving into small communities of fewer than 400 families in the Negev 
and Galilee. The law prohibits any discrimination based on ``race, 
religion, gender, nationality, disability, age, parentage, sexual 
orientation, country of origin, or political affiliation,'' but NGOs 
petitioned the High Court to overturn it, alleging that in practice the 
admissions committees restricted Arabs from living in small Jewish 
communities and could use criteria such as military service to exclude 
Arab citizens from admission into communities.
    According to NGOs, new ``kosher certificates'' indicating that no 
Arabs were employed by a business were found in several businesses 
during the reporting period. Numerous ``death to Arabs'' slogans were 
spray-painted along highways during the reporting period, including 
across a pedestrian bridge in Herzeliya.
    In June the mayor of Nazaret-Illit, Shimon Gafso, said that his 
city would never be a ``mixed city,'' despite its high percentage of 
Arab residents, and that he would never house a mosque or permit 
Christian residents to light Christmas trees in public places. 
Referring to clashes between Arab citizens and police in October 2000, 
Gafso added, ``If I had participated in the events, then there would 
have been more Arabs killed.''
    Immediately following an October 3 arson attack on a mosque in 
Tuba-Zangariyye, the government strongly condemned the incident, and 
President Peres, the chief rabbis, and many religious leaders visited 
the mosque the next day.
    On November 23, Attorney General Yehuda Weinstein ordered an 
investigation into Safed Rabbi Shmuel Eliyahu's statements concerning 
the Arab minority. Eliyahu, who is a government employee, reportedly 
called on citizens not to rent apartments to Arabs in Safed and to 
expel the city's Arab residents.
    The law exempts Arab citizens, except for Druze, from mandatory 
military service, but some serve voluntarily. Citizens who do not 
perform military service enjoy fewer societal and economic benefits and 
are sometimes discriminated against in hiring practices. Citizens 
generally were ineligible to work in companies with defense contracts 
or in security-related fields if they had not served in the military. 
The government managed a National Civil Service program for citizens 
not drafted for military service, giving Arabs, haredi Jews, Orthodox 
Jewish women, and others the opportunity to provide public service in 
their own communities and thus be eligible for the same financial 
benefits accorded military veterans.
    The government began implementing a new economic development fund 
for Arab and other minority populations. The 800 million NIS 
(approximately $210 million) ``Arab plan'' focused on 12 Arab-majority 
towns and villages, investing in housing, transport, community-based 
law enforcement, and job training (particularly for Arab women). A 
majority of the funding for housing and transport projects was made 
available through a combination of private sector investments, public 
tenders, and government matching funds.
    Resources devoted to Arabic education were inferior to those 
devoted to Hebrew education in the public education system and some 
Arabs in ethnically mixed cities chose to study in Hebrew instead. The 
separate school systems produce a large variance in education quality, 
with just 31 percent of Arabs qualifying for university acceptance on 
the matriculation exam, compared to 76 percent of Jews, according to 
Central Bureau of Statistics findings in 2009.
    Approximately 93 percent of land was in the public domain, 
including approximately 12.5 percent owned by the NGO Jewish National 
Fund (JNF), whose statutes prohibit sale or lease of land to non-Jews. 
According to a 2005 attorney general ruling, the government cannot 
discriminate against Arab citizens in marketing and allocating lands it 
manages, including those of the JNF. As an interim measure, the 
government agreed to compensate the JNF for any land it leased to an 
Arab by transferring an equal amount of land from the Israel Lands 
Administration to the JNF. Legal petitions against the JNF policy of 
leasing public land only to Jews continued at year's end. The NGO 
Israel Land Fund continued its program to purchase Arab land throughout 
the country and market it to Jewish buyers, including in the diaspora; 
the organization claimed that all the land belonged to Jewish people 
and described as a ``danger'' the purchase of Jewish-owned lands by 
non-Jews. Various Arab NGOs similarly bought land and built exclusively 
for Arabs.
    New construction is illegal in towns that do not have an authorized 
outline plan for development, which is the legal responsibility of 
local authorities. At year's end according to the government, 47 of the 
country's 128 Arab communities had fully approved planning schemes, 29 
had outline plans in the final stages of the localities' approval 
process, seven were still developing their outline plans, and 45 were 
promoting detailed plans for their updated outline plans. Localities 
are also responsible for initiating and submitting urban outline plans 
to the district committees, which are responsible for approving any 
expansion of the municipalities.
    While Arab communities in the country generally faced economic 
difficulties, the Bedouin segment of the Arab population continued to 
be the most disadvantaged. More than half of the population of an 
estimated 160,000 Bedouin lived in seven state-planned communities and 
the Abu Basma Regional Council. Approximately 60,000 Bedouin lived in 
at least 46 unrecognized tent or shack villages that did not have water 
and electricity and lacked educational, health, and welfare services. 
Bedouins living in established towns enjoyed the same services provided 
to all citizens. The government-sponsored Committee for the Arab, 
Druze, and Circassian Populations' Affairs built six centers to provide 
water to areas that included unrecognized villages. Some direct water 
connections were also made to families residing in unrecognized 
villages. The government reported that there were numerous pirated 
connections to water pipelines absent authorization of the Israel 
National Water Corporation.
    On June 6, the Supreme Court ruled on Adalah's 2006 appeal, stating 
that the Water Tribunal should provide basic access to water for 
persons living in unrecognized villages but was not obligated to 
provide additional water access to half of the petitioners who already 
possessed legal places of residence in recognized towns.
    In the unrecognized ``villages'' constructed without official 
authorization on state land in the Negev claimed by various Bedouin 
tribes, all buildings were illegal and subject to demolition. In July 
the state commenced legal proceedings against 34 residents of the 
unrecognized ``village'' of Al-Arakib to recover 1.8 million NIS 
($471,500), the cost of demolishing their homes approximately two dozen 
times since 2010. Al-Arakib had been repeatedly rebuilt illegally on 
state land since 1998, despite multiple eviction orders and a 2007 
Supreme Court decision.
    The government maintained a program to encourage Bedouins to 
relocate from unrecognized villages to established towns by providing 
low-cost land and compensation for demolition of illegal structures for 
those willing to move to designated permanent locations. Many Bedouin 
complained that moving to government-planned towns required giving up 
claims to land they had lived on for several generations, while the 
government claimed it was difficult to provide services to clusters of 
buildings throughout the Negev that ignored planning procedures.
    The law bars family reunification in cases where one spouse is a 
non-Jewish citizen of Iran, Iraq, Syria, or Lebanon. Palestinian male 
spouses who are 35 or older and female spouses who are 25 or older may 
apply for temporary visit permits but may not receive residency based 
on their marriage and have no path to citizenship. The government 
originally enacted the law following 23 terrorist attacks involving 
suicide bombers from the occupied territories who had gained access to 
Israeli identification through family unification. During the year 
human rights NGOs and international organizations continued to 
criticize this ban, which primarily affected Palestinian spouses of 
Arab citizens. In 2009 in response to an NGO petition, the Supreme 
Court demanded an explanation within six months from the government for 
its refusal to grant social and health insurance to an estimated 5,000 
Palestinian spouses of citizens who were granted ``staying permits'' to 
reside legally in Israel. In January 2010 the court recommended the 
government provide a temporary solution that would be in place until an 
official policy could be formulated. In July 2010 the government 
requested an additional five months to formulate a response regarding 
the provision of social benefits to nonresidents. The committee was 
deliberating recommendations at year's end.
    The government prohibits Druze citizens, like all citizens, from 
visiting Syria. The government allowed noncitizen Druze from the Golan 
Heights to visit holy sites in Syria through the ICRC-managed 
pilgrimage program, but it has prevented family visitations since 1982.
    A estimated population of 130,000 Ethiopian Jews faced persistent 
societal discrimination, although officials and the majority of 
citizens quickly and publicly condemned discriminatory acts against 
them. In May 2010 approximately 200 parents and children protested 
racial segregation in Beer Sheva's Otzar Haim kindergarten, where they 
claimed Ethiopian Jewish children were educated in a room separate from 
the rest of the children. An official from the Industry, Trade, and 
Labor Ministry then visited the site and forced the school to cease the 
segregation. There were reports of discrimination in admissions 
targeting Ethiopian Jews in the school system of Petah Tikva during the 
year.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits 
discrimination based on sexual orientation, and the government 
generally enforced these laws, although discrimination based on sexual 
orientation or gender identity persisted in some parts of society. The 
Jerusalem Open House for Pride and Tolerance activities received public 
financing after a 2010 Supreme Court ruling mandated that the Jerusalem 
Municipality must allocate financial support after previous refusals. 
There were no reports of violence against the lesbian, gay, bisexual, 
and transgender community during the year.

    Other Societal Violence or Discrimination.--There were some reports 
of societal violation or discrimination against persons with HIV/AIDS, 
including doctors denying medical consultation and care to HIV-positive 
individuals and a case of an HIV-positive individual excluded from his 
congregation after the head of the congregation discovered he was HIV-
positive. According to NGOs, several hundred HIV-positive asylum 
seekers did not receive antiretroviral medication since they lacked 
access to the public health system. There were also reports of deaths 
of HIV-positive asylum seekers during the year, whose situations 
deteriorated due to lack of treatment.
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, strike, earn minimum wage and overtime, and bargain 
collectively. These laws also applied to foreign workers, but they 
faced difficulty in practice.
    The law specifically prohibits antiunion discrimination, and none 
was reported.
    Rights to association and collective bargaining were generally 
respected for citizens; however, foreign workers often faced 
difficulties exercising these rights. Worker organizations were 
independent of the government and political interference.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor and criminalizes labor exploitation; 
however, laws concerning minimum employment conditions and foreign 
workers were not effectively enforced.
    The Ministry of Interior revoked the license of a manpower 
recruitment agency for not fulfilling contract obligations to monitor 
labor rights abuses.
    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 
provide for protection of children from exploitation in the workplace 
and prohibit forced or compulsory labor; the government generally 
enforced these laws.
    Children at least 14 years old may be employed during official 
school holidays in light work that will not harm their health. Children 
at least 15 years old who have completed education through grade nine 
may be employed as apprentices. Working hours for those children 
between16 and 18 years old are restricted in all sectors.
    During the year the Labor Laws Enforcement Division in the Ministry 
of Industry, Trade, and Labor initiated 250 investigations, 
investigated more than 1,000 employers for allegedly violating the law, 
filed 55 indictments against employers, and imposed 822 administrative 
fines totaling approximately NIS 10.5 million ($2.8 million). There 
were reports of Palestinian children working illegally in Jerusalem's 
central market.
    The Labor Law Enforcement Division conducted national campaigns 
regarding employment terms of youth to promote the implementation of 
youth labor laws, especially during summer vacation.

    d. Acceptable Conditions of Work.--The national minimum wage was 21 
NIS ($5.50) per hour; many foreign workers received less. The official 
poverty line was 2,413 NIS ($632) for one person per month and 5,116 
NIS ($1,340) for a family of three. Persons with disabilities whose 
working capacity was reduced due to their disability earned between 19 
and 50 percent of minimum wage. Youth below the age of 18 earned 
between 60 and 83 percent of the minimum wage. The law allows a maximum 
43-hour workweek at regular pay and paid annual holidays. Premium pay 
for overtime was 125 percent for the first two hours and 150 percent 
for any additional hours, with a limit of 15 hours of overtime per 
week. Some workers, such as migrant workers in the homecare sector, 
were not covered by the law.
    The Labor Inspection Service, along with union representatives, 
enforced labor, health, and safety standards in the workplace. Fifty-
six labor inspectors operated throughout the country, but only six were 
dedicated to foreign worker violations. Resource constraints affected 
overall enforcement, and according to NGOs the country failed to fully 
enforce its labor laws. Existing penalties were not sufficient to deter 
violations.
    In 2010 there were 49 fatal working accidents that resulted in 53 
workers killed and 12,152 notices on working accidents that resulted in 
workers' injuries, according to the government. According to the 
National Insurance Institution, there were 67,633 claims for work-
related injury payments in 2010. During the first half the year, 32 
workers died as a result of work-related accidents, more than half in 
the construction sector. Female migrant workers in the homecare sector 
remained particularly vulnerable to abuse and forced labor. On May 16, 
the Knesset passed amendments to the Law of Entry that grant the 
Interior Ministry the discretion to bind foreign workers to narrowly 
defined subcategories within the homecare sector and geographic 
regions. NGOs asserted that the binding of migrant workers created 
vulnerability to human trafficking. NGOs also reported receiving 
increased complaints of labor violations in the homecare sector 
following the amendments to the Law of Entry.
    In the homecare sector, the live-in arrangements and lack of labor 
law protections and inspections led to many cases of exploitative 
working conditions among women migrant workers. During the year the NGO 
Kav LaOved filed 830 complaints on behalf of foreign caregivers, 
including allegations of underpayment of wages, physical violence, 
sexual harassment, and unsuitable employment conditions.
    Some foreign workers reported unlawful withholding of passports, 
restrictions on movement, the inability to change or otherwise choose 
one's employer, nonpayment of wages, threats, and physical 
intimidation. There were numerous documented cases, but few employer 
prosecutions, concerning foreign laborers' living in harsh conditions 
and subject to debt bondage. Foreign agricultural workers, construction 
workers, and nursing care workers--particularly women--were at greatest 
risk for abuse, including trafficking, forced labor, nonpayment, and 
withholding of wages.
    The first foreign worker strike, involving hundreds of Thai 
agricultural workers, occurred on July 11 in response to alleged 
underpayment of wages, excessive hours of work, and employer coercion 
at the Moshav Achituv (privately owned farm cooperative). Following the 
strike the Ministry of Industry, Trade, and Labor issued administrative 
orders to improve working conditions, while inspectors continued to 
investigate the extent of the violations.
    In December the Ministry of Interior revoked the license of one 
manpower recruitment agency for not fulfilling contract obligations to 
monitor labor rights abuses.
    On April 13, the Supreme Court overturned a government regulation 
requiring female foreign workers to leave the country within three 
months of giving birth. The court ruled that the previous ``procedure 
for the handling of a pregnant migrant worker'' was unconstitutional 
due to its violation of a migrant woman's basic right to family and 
parenthood. NGOs charged that the Ministry of Interior failed to abide 
by the court ruling through year's end.
    The NGO Kav LaOved also filed hundreds of complaints with police 
regarding labor rights abuses and legal violations at moshavim 
(privately owned farms) and kibbutzim (private communities) throughout 
the country. Allegations included health and safety violations, such as 
prolonged exposure to pesticides, nonpayment for overtime, excessive 
working hours, and poor living conditions.
    Brokers and employers collected hiring fees from migrant workers. 
The government limited such fees to NIS 3,135 (approximately $820) per 
worker. However, Kav LaOved asserted that foreign workers paid 
brokerage fees of NIS 10,000-13,000 (approximately $2,620-$3,405) in 
the agriculture sector and from NIS 6,000-13,000 (approximately $1,570-
$3,405) in the homecare sector. The Ministry of Foreign Affairs 
initiated a pilot program to recruit foreign agricultural workers 
directly from Thailand and other countries as a means of eliminating 
brokerage fees.

                                 ______
                                 

                        The Occupied Territories

                           EXECUTIVE SUMMARY
    The Palestinian Authority (PA) had a democratically elected 
president and legislative council. The PA exercised varying degrees of 
authority over the Palestinian population in the West Bank and none 
over Arab residents of East Jerusalem due to the Israel Defense Forces' 
(IDF) continuing presence in the West Bank and Israel's extension of 
Israeli law and authority to East Jerusalem in 1967. The PA had little 
authority in the Gaza Strip and none over Israeli residents of the West 
Bank. In the 2006 Palestinian Legislative Council (PLC) elections, 
candidates backed by Hamas, a terrorist organization, won 74 of 132 
seats in elections that generally met democratic standards. In 2007 
President Mahmoud Abbas dismissed the national unity government after 
Hamas staged a violent takeover of PA government installations in the 
Gaza Strip and killed hundreds in the Fatah movement--the largest 
faction of the Palestine Liberation Organization (PLO)--and PA security 
forces. President Abbas appointed a cabinet of independents led by 
Prime Minister Salam Fayyad that continued to govern the West Bank 
during the year. Both PA and Israeli security forces reported to 
civilian authorities. Hamas maintained control of security forces in 
the Gaza Strip. Various terrorist organizations, including Hamas in a 
number of cases, launched rocket and mortar attacks against Israeli 
targets from inside the Gaza Strip.
    The three most egregious human rights violations across the 
occupied territories were arbitrary arrest and associated torture and 
abuse, often with impunity and particularly against security or 
political prisoners, by multiple actors in the region; restrictions on 
civil liberties; and the inability of residents of the Gaza Strip under 
Hamas to choose or hold to account their own government.
    Other human rights problems under the PA in the West Bank included 
at least one reported unlawful killing. Some detainees faced abuse and 
mistreatment, overcrowded detention facilities, arbitrary arrest, and 
in some cases prolonged detention. Corruption, although reduced from 
previous years, remained a problem. Societal discrimination and abuse 
against women, discrimination against persons with disabilities, and 
child labor remained serious problems.
    In addition to the lack of political freedom for residents of the 
Gaza Strip, human rights violations under Hamas reportedly included 
security forces killing, torturing, arbitrarily detaining, and 
harassing opponents, Fatah members, and other Palestinians with 
impunity. Hamas and other Palestinian militant factions in the Gaza 
Strip also launched rockets and mortars against civilian targets in 
Israel, killing and injuring civilians. Gaza-based civil rights 
organizations reported that prisoners were held in poor conditions in 
Gaza Strip detention facilities. Authorities reportedly failed to 
provide fair trials to a number of accused prisoners, including 
political prisoners. Hamas also significantly restricted the freedoms 
of speech, religion, and movement of Gaza Strip residents. Corruption 
was reportedly a problem. Hamas promoted gender discrimination against 
women, and domestic violence was a problem.
    Human rights problems related to Israeli authorities included 
reports of excessive use of force against civilians, including 
killings; abuse of Palestinian detainees, including minors and 
political prisoners, particularly during arrest and interrogation; 
austere and overcrowded detention facilities; improper use of security 
detention procedures and incommunicado detention; demolition and 
confiscation of Palestinian property; limitations on freedom of 
expression and assembly; and severe restrictions on Palestinians' 
internal and external freedom of movement. The IDF maintained 
restrictions on the trade of goods into and out of the Gaza Strip and 
largely limited the travel of Palestinians out of Gaza to humanitarian 
cases, in addition to some business travelers.
    The PA, Israeli, and Hamas authorities took minimal steps to 
address impunity or reduce abuses. There were reports that the IDF and 
Hamas did not adequately pursue investigations and disciplinary actions 
related to violations.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were reports 
that the PA committed at least one unlawful killing during the year. On 
April 24, a PA security forces officer shot at a vehicle exiting 
Nablus, killing Ben Yosef Livnat, an Israeli citizen, and wounding four 
others who had attended prayer services at Joseph's Tomb. The 
worshippers reportedly had failed to coordinate their visit with 
Israeli and PA authorities as required. PA security forces investigated 
the incident and found four officers at fault. The officer who killed 
Livnat was removed from duty.
    Palestinian terrorist groups, including Hamas, committed unlawful 
killings in Israel, the West Bank, and the Gaza Strip.
    For example, on March 11, 17-year-old Hakim and 19-year-old Amjad 
Awad, cousins affiliated with the Popular Front for the Liberation of 
Palestine (PFLP), stabbed and killed five members of the Israeli Fogel 
family, including two young children and an infant, in their home in 
the settlement of Itamar, near Nablus, in the West Bank. On September 
13, Israel's Samaria Military Court sentenced Hakim to 130 years in 
prison, which he began serving immediately. Amjad was convicted of five 
counts of murder on November 28 but had not been sentenced by year's 
end.
    On April 15, Salafist militants reportedly killed Vittorio 
Arrigoni, an Italian pro-Palestinian activist living in the Gaza Strip. 
After claiming to have captured two Salafist suspects shortly after the 
killing, the Hamas ministry of interior announced the capture of two 
additional suspects on April 19 following a raid by Hamas security 
forces in which another two Salafists were killed. During the first 
hearing in a military court in Gaza City in late September, the four 
suspects claimed their videotaped confessions had been extracted under 
torture. The trial was ongoing at year's end.
    Hamas and Palestinian armed groups in Gaza, including the armed 
wings of the Popular Resistance Committees, Palestinian Islamic Jihad 
(PIJ), PFLP, and al-Aqsa Martyrs Brigade, launched indiscriminate 
rocket attacks into Israel. According to Israeli government statistics, 
Palestinian terrorist acts emanating from the West Bank killed seven 
Israeli civilians and one foreign tourist. Eight Israeli civilians died 
in violence emanating from the Gaza Strip. Four of those who died were 
minors. During the year approximately 700 rockets, mortars, and Grad 
missiles were fired at southern Israel from the Gaza Strip, according 
to data compiled by the IDF's Home Front Command.
    According to local media and the Independent Commission for Human 
Rights (ICHR), a PA human rights institution, Hamas unlawfully executed 
at least five persons by hanging and gunfire in the Gaza Strip during 
the year. By law the PA president must ratify the death penalty, but 
Hamas did not contact the PA regarding the executions. For instance, on 
July 26, Hamas hanged Mahmoud and Rami Abu Qenas, reportedly convicted 
in 2004 of murder and collaborating with Israel.
    The Israeli government killed Palestinian civilians as well as 
militants, mostly in the Gaza Strip, but also in the West Bank. Israeli 
security forces killed 105 Palestinians in Gaza and 10 in the West Bank 
during the year. Some of these killings were unlawful. Eighteen of 
those killed in the Gaza Strip were minors. The Israeli government 
launched missile, unmanned aerial vehicle, and fighter aircraft strikes 
in the Gaza Strip, killing 49 Palestinians whom the Israeli Information 
Center for Human Rights in the Occupied Territories (B'Tselem) 
described as participating in hostilities through their membership in 
Hamas's military wing or the PIJ (a terrorist organization) and at 
least 40 of whom B'Tselem described as not participating in 
hostilities. The IDF used tanks and remote-controlled weapons stations 
to fire on Palestinians inside the Gaza Strip. IDF personnel maintained 
secure stations every several hundred yards along the border fence; 
each station contained machine guns with a nearly one-mile firing 
range. The IDF's tanks also sometimes fired ammunition with 
``flechette'' projectiles, which explode in midair, releasing thousands 
of 1.5-inch metal darts that disperse in an arc 328 yards wide.
    On January 7, IDF troops from the Duvdevan elite counterterrorism 
unit entered the house of 66-year-old Omar Salim Suliman al-Qawasmeh in 
Hebron, in the West Bank, and shot and killed him in his bed during a 
nighttime raid. The IDF spokesman later stated that troops had entered 
the wrong house. On January 19, the IDF issued a statement saying that, 
while the initial shots were fired as a result of suspicious movement, 
a second soldier also fired at al-Qawasmeh in response to the first 
soldier's shots. The IDF ended the second soldier's military service.
    The IDF killed a Palestinian demonstrator during the year. On 
December 9, during a weekly demonstration in Nabi Saleh, an IDF soldier 
fired a tear gas canister at close range toward a stone-throwing 
protester, Mustafa Tamimi, who died as a result of wounds after the 
canister directly struck his face. The IDF spokesperson stated that the 
incident was ``exceptional'' and was a result of the soldier's 
inability to see the protester clearly. Nongovernmental organizations 
(NGOs) disputed this claim, pointing to photos and video coverage that 
showed the IDF soldier aiming directly at the protester's face. The IDF 
launched an investigation into the incident.
    There were also continued reports of Israeli forces killing 
Palestinians in restricted areas in the Gaza Strip. In September the 
U.N. Office for Coordination of Humanitarian Affairs (UNOCHA) reported 
that Israel aerially distributed leaflets across the Gaza Strip warning 
residents that their lives would be at risk if they approached within 
300 meters of the ``buffer zone'' separating Gaza from Israeli 
territory. In practice Israel regularly enforced the buffer zone by 
firing toward Palestinians approaching at distances well beyond 330 
yards, and UNOCHA reported several cases of civilians being shot at 
distances beyond 365 yards during the year.
    The IDF also fired at minors working inside or near the Gaza Strip 
buffer zone. For example, on August 16, IDF fire killed 17-year-old 
Mahmoud al-Majdalawi, who reportedly suffered from a mental disability, 
at a distance of approximately 440 feet from the perimeter fence. 
Defense for Children International-Palestine Section (DCI-Palestine) 
reported six children shot by IDF fire during the year as far as 660 
yards out from the Gaza buffer zone, noting that most of the children 
were shot in the leg while collecting gravel, without apparent intent 
to kill.
    The IDF announced it opened investigations into some civilian 
deaths in Gaza and the West Bank. However, various human rights groups 
claimed that the Israeli government failed to investigate violence 
thoroughly, including that which resulted in Palestinian deaths, 
whether by the IDF or by Israeli settlers (for the latter, see section 
6, National/Racial/Ethnic Minorities). According to B'Tselem, the 
Israeli government did not order criminal investigations into cases in 
which soldiers killed Palestinians who were not taking part in 
hostilities. In addition Israeli law restricts the ability of 
Palestinians who have been harmed by illegal acts by Israeli security 
forces to seek compensation in Israeli courts.
    On September 25, the Jerusalem District Court ruled that the 
Israeli government pay NIS 1.6 million (approximately $420,000) to the 
family of Abir Aramin, a 10-year-old who was shot in the back of the 
head with an IDF rubber bullet in Jerusalem in 2007, according to press 
reports. A 2010 ruling from the same court determined that the state of 
Israel was responsible for her death, noting that the bullet was fired 
in violation of orders. Previously, on July 10, the Israeli High Court 
of Justice rejected a petition by Aramin's family to indict the border 
police officers responsible for her death. However, the court's 
decision was based on the fact that it was difficult to investigate the 
death four years later. The judges criticized the border police for not 
opening an investigation immediately, stating that an immediate 
investigation should follow any violent incident that causes severe 
injury or the death of a civilian.
    The PA set up a commission that looked into the PA violations 
during the Operation Cast Lead conflict in 2008-09 and published a 
report on its findings. Since the principal Palestinian violations 
during Cast Lead were committed by Hamas in the Gaza Strip, the PA was 
unable to effectively hold perpetrators accountable. In previous years 
NGOs criticized Hamas for not pursuing investigations into violations 
during Operation Cast Lead.
    During the year there were no new Israeli indictments related to 
violations by Israeli forces during Operation Cast Lead. Various human 
rights organizations stated that many of their requests for information 
about investigations went unanswered, but the military advocate general 
(MAG) responded to B'Tselem's inquiries about specific cases, reporting 
that four out of nine cited cases did not lead to investigations. In 
other cases where investigations were completed, the MAG's reporting to 
B'Tselem documented that legal proceedings did not result for every 
case cited by the organization. NGOs such as B'Tselem pointed to such 
findings to protest what they considered a lack of serious 
investigation into alleged human rights violations and opined that 
insufficient attention was paid to responsibility related to the chain 
of command.

    b. Disappearance.--In the West Bank there were no reports of 
politically motivated disappearances in connection with internal 
Palestinian conflict, largely due to improved security conditions in 
recent years.
    In the Gaza Strip, Hamas security operatives carried out 
extrajudicial detentions based on political affiliation during the 
year. Information concerning the whereabouts and welfare of those 
detained was not consistently or reliably available, and many of those 
detained were denied due process or access to family and legal counsel.
    On October 18, Hamas released Gilad Shalit, an Israeli soldier 
abducted in 2006 in a cross-border attack from the Gaza Strip, as part 
of a prisoner exchange between Israel and Hamas.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The PA Basic Law prohibits torture or use of force against 
detainees; however, international human rights groups reported that 
abuse and torture remained a problem across the occupied territories.
    Palestinian detainees held by PA security forces registered more 
than 816 complaints of abuse and torture with the ICHR during the year. 
Reported abuse by PA authorities in the West Bank included forcing 
prisoners to sit in a painful position for long periods, beating, 
punching, flogging, intimidation, and psychological pressure. 
Independent observers noted that abuse was not systematic or routinely 
practiced in PA prisons, although some prisoners experienced abuse 
during arrest or interrogation. The PA Corrections and Rehabilitation 
Centers Department (CRCD) reported no cases of inmate abuse by its 
staff. However, Human Rights Watch (HRW) reported that credible reports 
of torture by PA security services continued during the year. The PA 
General Administration for Reform and Rehabilitation Center, under the 
authority of the PA Ministry of Interior, operated a mechanism for 
reviewing complaints of prisoner abuse in civil prisons.
    Detainees held by Hamas filed at least 304 claims of abuse and 
torture with the ICHR during the year. In the Gaza Strip, security 
elements under the Hamas ministry of interior tortured and abused 
purported security detainees, persons associated with the PA or the 
Fatah political party, those held on suspicion of ``collaboration'' 
with Israel, civil society activists, journalists, and those who had 
reportedly engaged in ``immoral'' activity. Hamas also reportedly 
deployed undercover officers to assault such persons. The Office of the 
U.N. High Commissioner on Refugees (UNHCR) reported three deaths in 
detention as a result of Hamas torture between December 2010 and 
November 2011. The ICHR reported that complaints of abuse included 
being forced to stand in uncomfortable stress positions, flogging, hand 
binding, suspension, blindfolding, punching, and beatings with clubs or 
hoses. For example HRW reported that on February 28-29, Hamas police 
and plainclothes security officers detained, beat, and tortured Ahmad 
Arar, who had organized a demonstration in Gaza City calling for 
Palestinian unity. According to HRW, Hamas police beat Arar, forced him 
into stress positions, denied him medical care, threatened him with 
electrocution, and coerced him into confessing affiliation with the PA.
    Hamas reportedly took little or no action to investigate reports of 
torture, and documentation of abuses was limited, due to victims' fear 
of retribution and to lack of access to Gaza Strip prisoners by NGOs or 
PA officials.
    Human rights organizations reported that ``physical interrogation 
methods'' permitted by Israeli law and used by Israeli security 
personnel could amount in practice to torture; these included beatings, 
forcing an individual to hold a stress position for long periods, and 
painful pressure from shackles or restraints applied to the forearms. 
Israeli and Palestinian NGOs continued to criticize these and other 
Israeli detention practices they termed abusive, including isolation, 
sleep deprivation, and psychological abuse, such as threats to 
interrogate spouses, siblings, or elderly parents, or demolish family 
homes.
    Israeli authorities reportedly used similar tactics on Palestinian 
minors. DCI-Palestine claimed Israeli security services continued to 
abuse and in some cases torture minors who were frequently arrested on 
suspicion of stone throwing to coerce confessions. Tactics included 
beatings, long-term handcuffing, threats, and solitary confinement. 
DCI-Palestine reported in December that it had documented 34 cases of 
minors held in solitary confinement at al-Jalame facility between 2008 
and 2011. For example, according to DCI-Palestine, on November 4, the 
IDF arrested 16-year-old R.S.J. in the West Bank settlement of Tzufin, 
interrogated him using threats, and held him for 13 days in a small 
cell with a light on 24 hours a day.
    During the year the Public Committee Against Torture (PCATI), five 
other NGOs, and nine other complainants submitted a petition to the 
Israeli High Court of Justice demanding effective accountability 
mechanisms in complaints of torture; this petition was still pending at 
the end of the year. The PCATI also reported more than 700 complaints 
that had yet to lead to a criminal investigation at year's end.

    Prison and Detention Center Conditions.--PA prison conditions 
improved in recent years, yet despite some improvements, the PA prison 
system remained seriously inadequate and overcrowded for the prison 
population it served. The PA Ministry of Health reported that prisoners 
in PA facilities, including in both the West Bank and Gaza Strip, 
suffered from ``extremely bad detention conditions.'' In the West Bank 
some facilities did not have enough beds for all inmates, forcing some 
to sleep on mattresses on the floor. Most prisons continued to lack 
ventilation, heating, cooling, and lighting that conformed to 
international standards. Inmates had sufficient access to potable 
water. Space and capacity issues also reduced the availability of 
medical care and vocational or other programs for inmates in civil 
police prisons. There were no deaths reported in PA prisons from 
adverse conditions. PA civil police prisons held 967 prisoners at the 
end of the year, approximately 30 percent more than capacity. Male 
juveniles were at times housed with adult male prisoners. Security 
services used separate detention facilities. Conditions for women were 
virtually identical to those for men; however, some detention centers 
for women had limited outdoor recreation space.
    All PA civil police prisons allowed visitors on a weekly basis, 
religious observance, a procedure for submitting complaints through a 
prison officer or directly to the warden, and an investigation process 
for complaints. Recordkeeping was adequate, with the CRCD storing 
information on computers, but access to records was not publicly 
available. The PA investigated allegations of mistreatment. Although 
ombudsmen cannot serve on behalf of prisoners, the ICHR played an 
ombudsman role.
    The PA generally permitted the International Committee of the Red 
Cross (ICRC) access to detainees and allowed regular inspections of 
prison conditions in accordance with the ICRC's standard modalities. 
Preliminary, unpublished accounts by human rights groups, humanitarian 
organizations, and lawyers indicated that, as in previous years, there 
were some difficulties in gaining access to specific detainees, 
depending on which security organization managed the facility.
    PA authorities undertook prison improvement efforts at various 
facilities, such as at the Dhahiriya Prison in Hebron District, where 
authorities took steps to address overcrowding and moved prisoners from 
outdoor recreation facilities and the kitchen to indoor, more 
appropriate facilities. The PA Ministry of Interior also approved land 
for a new prison and continued to build a 312-bed facility in Nablus in 
line with international standards.
    Prison conditions in the Gaza Strip were reportedly poor although 
little information was available. Detention facilities were reportedly 
below international legal or humanitarian standards. The ICRC conducted 
monitoring visits to some prisoners in the Gaza Strip, but Hamas 
authorities denied representatives permission to visit captured IDF 
soldier Gilad Shalit prior to his October release.
    IDF detention centers were less likely than Israeli civilian 
prisons to meet international standards, with some, such as the Ofer 
detention center, providing living space as small as 15 square feet per 
detainee. The PCATI reported that, after it petitioned the Israeli High 
Court in March to improve poor conditions in pretrial holding cells at 
Ofer and Salem detention centers, these facilities improved. In 
November 2010 B'Tselem and another Israeli human rights organization, 
HaMoked, reported unsatisfactory conditions, including poor hygienic 
conditions, in the Petah Tikva detention center under the Israel 
Security Agency (ISA or Shin Bet). ISA facilities were exempt from 
regular independent inspections, and NGOs stated that poor conditions 
appeared to be used as an interrogation or intimidation method. 
Prisoners also continued to claim inadequate medical care.
    According to sources in NGOs, approximately 4,500 Palestinians were 
held in Israeli prisons at the end of the year. DCI-Palestine reported 
that at year's end 135 minors were held in Israeli detention. Following 
a change in the law in September (see section 1.d.), unlike in previous 
years, Palestinian minors between 16 and 18 years of age were not held 
in pre- or posttrial detention with adults, unless it ``benefited the 
minor.'' DCI-Palestine reported that the law was open to wide 
interpretation; aside from being used to allow children to be detained 
with family members, it can also be used to provide some adult 
Palestinian supervision over children's detention facilities.
    The PCATI and DCI-Palestine reported that most reports of abuse or 
poor conditions occurred during arrest and interrogation.
    In June, according to the Palestinian NGO Addameer, the ISA 
initiated a policy reportedly aimed at collectively punishing 
Palestinian prisoners in response to the incarceration of Israeli 
soldier Gilad Shalit. Israeli authorities reportedly began shackling 
prisoners' hands and legs more regularly; shortened family visits; 
increased the frequency of night raids and searches; increased the 
punitive use of isolation; banned prisoners' access to university 
education, newspapers, and outside books; and limited television use 
and channel availability. NGOs reported there was no information as to 
whether this treatment ended once Gilad Shalit was released, but 
confirmed that the ban on university education remained in force.
    Detainees under Israeli control had access to potable water and 
were allowed visitors and religious observance. There were no reports 
of improvements in recordkeeping. NGOs claimed systematic failures to 
investigate abuse claims. The PCATI reported that despite more than 600 
complaints it filed since 1999, not one torture complaint resulted in a 
criminal investigation, let alone a prosecution or conviction. This 
remained a pattern during the year. The PCATI reported that the Israeli 
government regularly dismissed complaints of abuse following a primary 
examination by an ISA employee. NGOs reported that investigations into 
IDF and police abuse were slow and ineffective but at times did lead to 
prosecution. There was an ombudsman.
    The government permitted visits by independent human rights 
observers. The Israeli government permitted the ICRC to monitor prison 
conditions in accordance with standard modalities. NGOs sent 
representatives to meet with prisoners and inspect conditions in 
prisons, detention centers, and IDF facilities, except ISA detention 
and interrogation facilities, since security prisoners and facilities 
remained inaccessible to independent monitors. Human rights groups 
reported delays and difficulties in gaining access to specific 
detainees, frequent transfers of detainees without notice, and the 
limited ability of families of imprisoned Palestinians, particularly 
Gazans, to visit.

    d. Arbitrary Arrest or Detention.--Palestinian law prohibits 
arbitrary arrest and detention; however, in practice the PA failed to 
charge detainees promptly. Hamas also charged that the PA detained 
individuals during the year solely on the basis of their Hamas 
affiliation.
    Hamas reportedly practiced widespread arbitrary detention in the 
Gaza Strip, particularly against Fatah members, civil society 
activists, and others accused of publicly criticizing Hamas.
    Israeli law provides safeguards against arbitrary arrest and 
detention, but key safeguards do not apply to security detainees. 
Palestinian security detainees are subject to the jurisdiction of 
Israeli military law, which permits eight days' detention before 
appearing before a military court. There is no requirement that a 
detainee have access to a lawyer until after interrogation, a process 
that may last weeks. The maximum period for such a prevention order, 
according to military law, is 90 days; however, detention can be 
renewed if deemed necessary. Denial of family visits, outside medical 
professionals, or others outside of the ISA, the IDF, or the prison 
service occurred. NGOs reported that persons undergoing interrogations 
were often held incommunicado for several weeks.

    Role of the Police and Security Apparatus.--In West Bank 
Palestinian population centers, mostly ``Area A'' as defined by the 
Oslo-era agreements, the PA has formal responsibility for security and 
civil control; however, since 2002 Israeli security forces have 
regularly conducted security operations in Area A cities without 
coordinating with PA security forces. In ``Area B'' territory in the 
West Bank, composed mostly of small Palestinian villages and farmland, 
the PA has civil control--including civil policing--but Israel retains 
responsibility for security control. In ``Area C,'' which contains 
Israeli settlements, military installations, some small Palestinian 
villages and farmland, and open countryside, Israel retains full civil 
and security control.
    Six PA security forces operated in the West Bank. Many of the 
security forces are under the PA Ministry of Interior's operational 
control and follow the prime minister's guidance. The Palestinian Civil 
Police (PCP) have primary responsibility for civil and community 
policing. The National Security Force (NSF) conducts gendarmerie-style 
security operations in circumstances that exceed the capabilities of 
the civil police. The Military Intelligence (MI) agency, which is part 
of the NSF, handles intelligence and criminal matters involving PA 
security force personnel, including accusations of abuse. The MI is 
responsible for investigations into allegations of abuse and corruption 
involving PA security forces and can refer cases to court. The General 
Intelligence (GI) service is responsible for external intelligence 
gathering and operations; the Preventive Security Organization (PSO) is 
responsible for these matters internally. The Presidential Guard (PG) 
protects facilities and provides dignitary protection. Both the GI and 
PG report to the president, while the other services report to the PA 
Ministry of Interior. The Civil Defense service provides emergency 
humanitarian response services including firefighting. Palestinian 
security forces continued to show improvement during the year. The ICHR 
continued to report complaints of abuse and torture at the hands of the 
security forces to the PA, although it noted that most complaints were 
filed against the PSO and GI agencies. The NSF, PG, PCP, and 
corrections officers received basic training in human rights, and some 
received more advanced training. The rate of reported complaints of 
abuse and torture by the PA security forces decreased significantly in 
recent years.
    During the year the military judiciary claimed it would no longer 
exercise jurisdiction over civilians, but NGOs reported that it was 
unclear at year's end whether security agencies, rather than the civil 
police, continued detaining civilians, including journalists.
    In the Gaza Strip, forces under Hamas control maintained security. 
Press and NGO reports suggested Hamas enforced strict control across 
all sectors of society. Hamas police reportedly facilitated and 
benefited from illegal activity, such as the operation of smuggling 
tunnels. Impunity remained a problem in the Gaza Strip. The ICHR noted 
that the internal security services in the Gaza Strip prohibited field 
researchers from visiting detention centers and that authorities failed 
to respond to ICHR letters. There were no reports of human rights 
training or efforts to improve security services. There were numerous 
instances in which Hamas either failed to deter violence, as in the 
case of the murder of Vittorio Arrigoni (see section 1.a.), or was 
complicit in organizing violence, such as rocket attacks into Israel 
during the year.
    Israeli authorities maintained their West Bank security presence 
through the IDF, ISA, national police, and border police. Israeli 
authorities in some instances investigated and punished abuse and 
corruption, but there were several reports of failure to take 
disciplinary action in cases of abuse. The IDF instituted a policy 
during the year of conducting automatic investigations of claims of 
abuse in military police custody; previously investigations were 
initiated at the discretion of military personnel. However, NGOs stated 
that automatic investigations only applied to military activity in the 
West Bank. The policy did not apply to individuals reporting abuse in 
custody. Israeli security forces remained effective; however, NGOs 
reported that impunity remained a problem, in part because mechanisms 
for investigating allegations were not effective. Reports of abuse go 
to the attorney general's office; however, the PCATI reported that 
allegations were systematically disregarded.
    According to Israeli and Palestinian NGO and press reports, the IDF 
was insufficiently responsive to violence perpetrated by Israeli 
settlers in the West Bank against Palestinians, although the IDF 
reportedly took proactive steps in October to protect Palestinians 
harvesting olives from settler attacks, a common form of violence and 
vandalism against Palestinian properties that the IDF did not 
adequately address in previous years. In addition to attacks during the 
olive harvest, there was an increase in settler violence, including 
mosque burnings. UNOCHA reported that settler violence increased by 40 
percent during the year. Settlers killed three Palestinians, and 
settler violence injured 167 by the end of November. UNOCHA reported 
that 90 percent of Palestinian complaints of settler violence in recent 
years were closed without indictment.
    The Association for Civil Rights in Israel (ACRI) stated that 
Israeli security and justice officials operating in predominantly Arab 
East Jerusalem displayed bias against Arab residents in investigating 
incidents involving Arab and Israeli actors. Palestinian residents in 
the West Bank in several cases sought to press charges against Israeli 
settlers or their security guards, but many complaints went 
uninvestigated despite the availability of evidence.

    Arrest Procedures and Treatment While in Detention.--PA law 
requires a warrant for arrest and provides for prompt judicial 
determination of the legality of detention, and these provisions were 
largely--but not uniformly--observed in practice. PA law allows police 
to hold detainees without charge for 24 hours and with court approval 
for up to 45 days; it requires that a trial must start within six 
months, or the detainee must be released. PA security forces detained 
persons outside of appropriate legal procedures, including without 
warrants and without bringing them before judicial authorities within 
the required timeframe, although there were no known detentions 
extending beyond the time limit without trial. Bail and conditional 
release were available at the discretion of judicial authorities. 
Authorities generally informed detainees of the charges against them, 
albeit sometimes not until interrogation. Detainees were granted access 
to a lawyer. The indigent had the right to counsel; however, they were 
generally provided lawyers through NGOs, not the PA.
    In a number of cases, PA military intelligence reportedly exceeded 
its legal authority to investigate other security services' officers 
and detained civilians suspected of ``security offenses,'' such as 
terrorist activities. Hamas continued to charge that the PA detained 
individuals during the year solely on the basis of their Hamas 
affiliation, but the PA presented evidence that many of these 
individuals had been charged with criminal offenses under civil or 
military codes. In several cases the PA disregarded civilian court 
orders requiring the release of civilians suspected of terrorist 
activity, citing countervailing military court orders.
    In the Gaza Strip, Hamas reportedly detained a large but 
unverifiable number of persons during the year, largely without 
recourse to legal counsel, judicial review, or bail. PA laws concerning 
arrest apply in Gaza, but there was no indication Hamas enforced them.
    Israeli authorities operated under military and legal codes in the 
occupied territories. Israeli military law applied to Palestinians in 
the West Bank. Israeli settlers were under the jurisdiction of Israeli 
civil law. Under Israeli military law detainees can be held for up to 
90 days without access to a lawyer and are frequently transferred from 
the West Bank to Israel for detention or interrogation. Detainees were 
informed of the charges against them during detention, but DCI-
Palestine reported that minors and their families were often not 
informed during arrest. Israeli authorities stated that their policy is 
to post notification of arrests within 48 hours, but senior officers 
may delay notification for up to 12 days, effectively holding detainees 
incommunicado, during the interrogation process. A military commander 
may request that a judge extend this period indefinitely. In accordance 
with the law, Israeli authorities generally provided Palestinians held 
in Israeli military custody inside Israel access to a lawyer of their 
choice (and lawyers were provided for the indigent), but impediments to 
movement on West Bank roads or at crossings often made consultation 
difficult and postponed trials and hearings. The government frequently 
delayed notification to foreign government officials after detaining 
their citizens in the occupied territories.
    On September 27, Israel issued Military Order 1676, which was yet 
to be published in Arabic at year's end, recategorizing Palestinians 
between the ages of 16 and 18 as minors; previously Israel defined 
minors in the occupied territories as under 16. The law requires 
authorities to inform a minor of his right to legal counsel and 
immediately notify parents of the arrest.
    NGOs claimed that despite this law Israeli authorities reportedly 
failed to inform parents where minor children would be taken when 
arrested. The IDF also entered Palestinian homes at night to either 
arrest or take pictures of children. DCI-Palestine reported that 
authorities tortured and abused minors to coerce confessions (see 
section 1.c.), and B'Tselem reported lack of parental presence at 
interrogation, contrary to the law.
    Israeli authorities ``administratively detained'' some persons on 
security grounds. Several NGOs, including the PCATI, claimed that the 
administrative detention process was abusive, arbitrary, and often 
employed as a punitive deterrent measure. It reportedly relied on 
evidence withheld from the detainees and their lawyers and allowed 
authorities to bypass standard prosecutions. Administrative detainees, 
according to B'Tselem, were not granted bail, were not guaranteed 
access to counsel, and received insufficient information on the reasons 
for their detention or the charges against them. In February, according 
to B'Tselem, Israel held 309 Palestinians under ``administrative 
detention'' without having charged them with an offense. A military 
commander can issue administrative detention orders for up to six 
months, renewable indefinitely, subject to review by a military judge.
    During the year the ISA continued its practice of incommunicado 
detention, including isolation from monitors, legal counsel, and family 
throughout the duration of interrogation. A 2010 PCATI report found 
that 90 percent of Palestinian prisoners interrogated by the ISA were 
denied access to a lawyer. the Palestinian NGO Addameer reported that 
isolation was used to punish detainees or silence politically prominent 
Palestinian detainees; however, according to the Israeli government, 
the Israel Prison Service (IPS) does not hold detainees in separate 
detention punitively or to induce confessions, but rather only when a 
detainee threatens himself or others and other options have been 
exhausted, or in some cases during interrogation to prevent disclosing 
information. In such cases the Israeli government maintained that the 
detainee had the right to meet with ICRC representatives, IPS 
personnel, and medical personnel if necessary.

    Arbitrary Arrest.--The ICHR reported that arbitrary arrest by the 
PA in the West Bank was a common practice, particularly arrests based 
on political affiliation with Hamas. The organization received more 
than 1,270 complaints of arbitrary arrests in the West Bank during the 
year. HRW reported in April that PA security forces improperly detained 
Palestinian journalists.
    On July 2, according to an ICHR report, the Palestinian special 
police and personnel from the NSF arrested and later released 
protesters participating in a march organized by ``Hizb al-Tahrir'' in 
Hebron on the anniversary of the ``Islamic Caliphate Collapse.'' The 
ICHR reported that security forces beat protesters with batons and gun 
butts.
    The ICHR received more than 460 complaints of arbitrary arrests by 
Hamas in the Gaza Strip. Many of these arrests and detentions appeared 
to be politically motivated, targeting former PA officials, Fatah party 
members, and those suspected of ties to Israel.
    Throughout the year there were reports that Israeli security forces 
in East Jerusalem and in the West Bank arbitrarily arrested and 
detained Palestinian protesters and activists, particularly those 
participating in demonstrations against the separation barrier.

    Pretrial Detention.--The ICHR reported on at least 100 complaints 
of Palestinians who were detained by PA security services and not 
immediately released, even after courts ordered their release after 
determining their detentions were illegal.
    It was unclear how long detainees in Hamas custody stayed in 
pretrial detention or what legal means, if any, Hamas used to detain 
individuals.
    There were reports that detention by Israeli authorities could 
exceed the length of time that individuals would be sentenced for some 
convictions. For example, on March 24, the IDF arrested Bassem Tamimi, 
a Palestinian activist from the West Bank village of Nabi Saleh, for 
organizing youth to throw stones at IDF soldiers. Popular Struggle 
Coordination Committee contacts reported that in the six months 
following his arrest, there were nearly 20 hearings related to his 
case. The Committee reported that it expected the trial to last a least 
a year, which would leave him in prison awaiting trial for a longer 
duration than a typical sentence for related behavior.

    e. Denial of Fair Public Trial.--The Palestinian Basic Law provides 
for an independent judiciary. In practice the PA generally respected 
judicial independence and the autonomy of the High Judicial Council and 
maintained authority over most court operations in the West Bank. PA-
affiliated prosecutors and judges stated that IDF prohibitions on 
movement in the West Bank, including restrictions on the ability to 
transport detainees and collect witnesses, hampered their ability to 
dispense justice. In some cases involving investigations by PA 
intelligence services in the West Bank, civilian defendants appeared 
before the PA's military court system, which until 2011 had 
jurisdiction over security personnel and crimes by civilians against 
security forces. After Palestinian NGOs criticized this practice, 
however, the PA mandated that civilians appear before civilian courts.
    Hamas-appointed prosecutors and judges operated courts in the Gaza 
Strip, although the PA considered them illegal.
    Israeli law provides for an independent judiciary, and the 
government generally respected civil court independence in practice. 
The IDF tried Palestinians accused of security offenses (ranging from 
rock throwing to membership in a terrorist organization to incitement) 
in military courts, which some NGOs claimed were inadequate and unfair. 
Israeli law defines security offenses to include a variety of different 
charges.

    Trial Procedures.--PA law 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. Trials are 
public, except when the court determines privacy is required by PA 
security, foreign relations, a party or witness's right to privacy, or 
protection of a victim of a sexual offense or an ``honor'' crime. 
Defendants have the right to be present and to consult with an attorney 
in a timely matter during the trial, although during the investigation 
phase, the defendant only has the right to observe. The law provides 
for legal representation, at public expense if needed, in felony cases, 
but only during the trial phase. Defendants can confront or question 
witnesses against them or present witnesses and evidence during the 
trial, but not during the investigation phase; defendants may also 
review government-held evidence and have the right to appeal. 
Authorities generally observed these rights in practice.
    As in previous years, the PA sought military judicial review and 
court orders for detaining civilians suspected of terrorist activity. 
In most of these incidents, the PA was unwilling to provide evidence 
required by the civilian court system, and the military courts provided 
a more efficient system to deal with any shortcomings in providing 
evidence.
    Hamas authorities in the Gaza Strip follow the same criminal 
procedure law as the PA in the West Bank but implemented these 
procedures unevenly in practice.
    Israelis living in settlements in the West Bank and in East 
Jerusalem were tried under Israeli civil law in the nearest Israeli 
district court. Israeli civil law applied to Palestinian residents of 
East Jerusalem. Palestinians held by Israeli authorities in the West 
Bank or in Israel were subject to trial in Israeli military courts. 
Military court trials of Palestinians and others in the occupied 
territories provide some, but not all, of the procedural rights granted 
in criminal courts. The same evidentiary rules used in Israeli criminal 
cases apply; for instance, convictions cannot be based solely on 
confessions. In military trials, however, prosecutors often present 
secret evidence that is not available to the defendant or counsel. 
Indigent detainees do not automatically receive free legal counsel for 
military trials, but in practice almost all detainees had counsel, in 
part because NGOs would represent them. The military courts use Hebrew, 
but the defendant has the right to simultaneous interpretation in every 
hearing. Various human rights organizations claimed that Arabic 
interpretation was insufficient, especially since most interpreters 
were not professionals, but were instead bilingual Israelis performing 
mandatory military service. Defendants can appeal through the Military 
Court of Appeals and petition the High Court of Justice. Israeli 
military courts rarely acquitted Palestinians charged with security 
offenses; sentences occasionally were reduced on appeal. The military 
courts' annual report revealed that 99.74 percent of cases heard 
resulted in the defendant being found guilty.
    Several NGOs claimed that Israeli military courts, which processed 
approximately 7,000 Palestinians in the West Bank during the year, were 
not equipped to adjudicate each case properly. NGOs and lawyers 
reported that it was better to plead guilty and receive a reduced 
sentence than to maintain innocence and go through a trial that could 
last months, if not more than a year. Human rights lawyers also 
reported that the structure of military trials, which take place in 
military facilities with military officers as judges, prosecutors, and 
court officials and have tight security restrictions, limited 
defendants' rights to public trial and access to counsel.
    Signed confessions by Palestinian minors, which were written in 
Hebrew, a language most cannot read, continued to be used as a source 
of evidence against minors prosecuted in Israeli military courts. NGOs 
reported these confessions were often coerced during interrogations. 
B'Tselem reported that Israeli military courts acquitted only one out 
of 835 children accused of throwing stones between 2005 and 2010. Human 
rights lawyers reported unfair circumstances in one of the rare cases 
in which a child, Islam Dar Ayyoub, did not plead guilty. Dar Ayyoub 
was picked up in the middle of the night for throwing stones in the 
West Bank village of Nabi Saleh in October 2010 and signed a confession 
in Hebrew, a language he could not read, that stated that he had been 
informed of his right to remain silent. Video presented at Dar Ayyoub's 
trial, which continued at year's end, demonstrated that he was not 
informed of this right.

    Political Prisoners and Detainees.--NGOs reported that arrests on 
political grounds occurred in the West Bank and Gaza; however, there 
was no estimate of the number of political prisoners the PA held during 
the year.
    Hamas detained several hundred persons, allegedly because of their 
political affiliation or public criticism of Hamas and held them for 
varying periods of time. Numerous allegations of denial of due process 
and some executions were associated with these detentions. The ICRC had 
limited access to these prisoners.
    Addameer reported that there were 23 PLC members detained by Israel 
in December, some of whom were not known to be members of Hamas, 
including two associated with the militant wing of Fatah. Palestinian 
media and NGOs posited that Israel's string of arrests of PLC members 
and other party leaders was in response to the PA's application for 
membership in the U.N.
    Administrative detainees held by Israeli entities were not afforded 
an opportunity to refute the suspicions or access the evidentiary 
material presented against them in court. The ICRC was permitted access 
to administrative detainees.

    Civil Judicial Procedures and Remedies.--The PA civil and 
magistrate courts handled civil suits and were able to provide an 
independent and impartial judiciary in most matters. However, there 
were unconfirmed reports of various factions trying to influence 
judicial decisions. A citizen can file a suit against the government, 
including on matters related to alleged abuses of human rights, but 
this was uncommon. There are administrative remedies available in 
addition to judicial remedies, but they were seldom used. The execution 
of court orders was not systematic.
    Gaza Strip residents may file civil suits, including those related 
to human rights violations. Unofficial anecdotal reports claimed that 
Gaza Strip courts operated independently of the Hamas government and 
were at times impartial. There were reports that enforcement of court 
orders improved.
    Israeli law denies Palestinians the possibility of obtaining 
compensation in most cases for human rights abuses or injuries 
resulting from illegal acts by Israeli security forces.

    Property Restitution.--When the IDF offered opportunities for 
compensation for demolished or seized homes (see section 1.f.), subject 
to an appraisal, verification, and appeals process, Palestinians 
generally refused, citing a desire not to legalize the confiscation. 
Palestinians had difficulty verifying land ownership in Israeli courts 
according to Israeli definitions of land ownership.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The PA required the attorney general to issue warrants 
for entry and searches of private property; however, Palestinian 
security services often ignored these requirements and entered homes 
without judicial authorization.
    There was at least one example during the year of the PA harassing 
family members for an alleged offense by an individual. NGOs and the 
press reported that PA security forces arrested the brothers of 
Palestinian journalist Majdoleen Hassouneh reportedly in an attempt to 
pressure Hassouneh to turn herself into police after she covered a sit-
in strike.
    Hamas authorities in the Gaza Strip frequently interfered 
arbitrarily with personal privacy, family, and home, according to 
reporting from local media and NGO sources. NGOs reported numerous 
cases of home searches and property seizure without warrants targeting 
journalists, Fatah loyalists, civil society and youth activists, and 
those whom Hamas security forces accused of criminal activity. Hamas 
forces monitored private communications systems, including telephones, 
e-mail traffic, and social media sites by demanding passwords, access 
to personal information, and seizure of personal electronic equipment 
of detainees. While Hamas membership did not appear to be a 
prerequisite for obtaining housing, education, or government services, 
employment in some government positions in Gaza, such as the security 
services, was commonly reserved for Hamas members only. In several 
instances, Hamas detained individuals for interrogation and harassment 
based on the purported actions of their family members, particularly 
prodemocracy youth activists.
    Hamas enforced a policy of curbing activities that it deemed 
contrary to Islam or ``immoral.'' For example, during the week of 
February 21, Hamas police summoned five male hairdressers whose clients 
were primarily women and compelled them to sign pledges to ``avoid 
sinful acts'' and not to reenter their salons on penalty of a 20,000 
NIS fine (approximately $5,500) or incarceration. In late December 
Hamas police officials reportedly demanded that 142 self-described 
fortune-tellers sign documents promising to discontinue their business 
operations, and Hamas also inspected several clothing vendors, warning 
against displays of nude mannequins, lingerie, or ``indecent 
advertisements.''
    There were no reports that Israeli security monitored private 
communications or movement of individuals without legal process. Under 
occupation orders only IDF officers of lieutenant colonel rank and 
above could authorize entry into Palestinian private homes and 
institutions in the West Bank without a warrant, based upon military 
necessity. There were no reported cases of IDF soldiers punished for 
acting contrary to this requirement. The PCATI reported that Israeli 
authorities threatened an East Jerusalem man arrested on November 2 at 
his home in Wadi Joz in East Jerusalem on unknown charges; they 
reportedly told him they would detain his wife if he did not confess. 
On November 15, Israeli officials summoned, arrested, and detained her 
until November 27, when she was released without indictment.
    In the West Bank and East Jerusalem, the Israeli Civil 
Administration, part of Israel's Ministry of Defense, continued to 
demolish homes, cisterns, and other buildings and property constructed 
by Palestinians in areas under Israeli civil control on the basis that 
these buildings lacked Israeli planning licenses. Compensation was 
generally not offered in these cases. Properties approximately 328 
yards from the separation barrier or IDF military installations also 
remained subject to demolition or confiscation. NGOs expressed great 
concern over demolitions in Area C of the West Bank. For example, 
B'Tselem and UNOCHA reported that the Israeli Civil Administration 
informed approximately 250 Bedouin families in the Khan al-Ahmar area 
east of Jerusalem that they would be relocated. The rate of demolitions 
increased: UNOCHA reported that 222 residential structures and 400 
other structures were demolished during the year, representing a 96 
percent increase in residential demolition between 2009 and 2011 and a 
153 percent increase in other (nonresidential) demolitions. Between 
2010 and 2011 alone, there was a 62 percent increase in residential 
demolitions and a 36 percent increase in other demolitions. UNOCHA 
counted that demolitions displaced more than 1,000 individuals in East 
Jerusalem and ``Area C'' of the West Bank during the year.
    Affected Palestinians and human rights NGOs reported that the IDF 
was largely unresponsive to Israeli settlers' actions against 
Palestinians in the West Bank, including demolition of property (see 
section 6, National/Racial/Ethnic Minorities).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The PA Basic Law provides every person the right to freedom of 
thought, conscience, and expression, orally, in writing, or through any 
other form. The PA does not have laws specifically providing for 
freedom of press; however, PA institutions applied aspects of an 
unratified 1995 press law as de facto law. In practice, PA security 
forces in the West Bank and members of the Hamas security apparatus in 
the Gaza Strip continued to restrict freedom of speech and press. HRW 
reported that since 2007 most abuses against journalists in both the 
West Bank and Gaza were related to tensions between the PA and Hamas. 
The PA military judiciary detained civilian journalists, according to 
human rights organizations.
    Israeli authorities placed limits on certain forms of expression in 
the occupied territories.

    Freedom of Speech.--Although there is no PA law prohibiting 
criticism of the government, there were reports that the government was 
not fully tolerant of criticism. HRW reported in February that the PA 
repeatedly responded to peaceful demonstrations with violent attacks 
(see section 2.b., Freedom of Assembly).
    In the Gaza Strip, individuals publicly criticizing authorities 
risked reprisal by Hamas, including arrest, interrogation, seizure of 
property, and harassment. Civil society and youth activists, social 
media advocates, and individuals associated with political factions 
accused of criticizing Hamas in public fora such as the Internet faced 
punitive measures including raids on their facilities and residences, 
arbitrary detentions, and denial of permission to travel outside of 
Gaza. The ICHR reported numerous detentions of protesters in the Gaza 
Strip. For example, the ICHR reported at least 16 arrests of protesters 
in March alone and numerous instances in which Hamas quelled rallies 
and protests with violence.
    In East Jerusalem, under Israeli authority, displays of Palestinian 
political symbols were punishable by fines or imprisonment, as were 
public expressions of anti-Israeli sentiment and support for terrorist 
groups. Israeli security officials regularly shut down meetings or 
conferences held in East Jerusalem affiliated with the PA or with PA 
officials in attendance. For example, the ISA warned organizers of a 
Palestinian agricultural trade show in East Jerusalem in September that 
they would face closure if they invited PA officials or displayed a 
Palestinian flag. In September Israeli police ordered shut a meeting in 
East Jerusalem on Israeli changes to Palestinian school curricula, and 
Israeli security officers questioned the organizers about their 
involvement in the meeting.

    Freedom of Press.--Across the occupied territories, independent 
media operated with some restrictions.
    In the West Bank, the PA placed some restrictions on independent 
media as well as official media. The PA maintained a distribution ban 
in the West Bank on the twice-weekly pro-Hamas al-Risala and the 
Filistin daily newspapers, both Gaza-based publications. Hamas's al-
Aqsa TV reportedly enjoyed some degree of access to work in the West 
Bank without harassment.
    In the Gaza Strip, Hamas restricted independent media, especially 
for non-Hamas-affiliated press and media outlets. Israel restricted the 
mainstream pro-PA dailies, independent al-Quds (based in Jerusalem), 
independent pro-Fatah al-Ayyam, and PA official daily al-Hayat al-
Jadida (the latter two based in the West Bank), from importation into 
the Gaza Strip. Hamas authorities tolerated reporting and interviews 
featuring officials from the PA to be locally broadcast. Hamas allowed, 
with some restrictions, the operation of non-Hamas-affiliated broadcast 
media in the Gaza Strip. The PA-supported Palestine TV reportedly 
enjoyed access to operate in the Gaza Strip.
    In East Jerusalem independent media were able to operate. As a 
general rule, Israeli media were able to cover the occupied 
territories, except for combat zones where the IDF temporarily 
restricted access, but closures, curfews, and checkpoints limited the 
ability of Palestinian and foreign journalists to do their jobs (see 
section 2.d.). Israel revoked the press credentials of the majority of 
Palestinian journalists during the Second Intifada in 2000, with the 
exception of a few Palestinian journalists who worked as stringers for 
prominent international media outlets. As a result most Palestinian 
journalists were unable to cover stories outside the Palestinian-
controlled areas of the West Bank.

    Violence and Harassment.--PA security forces reportedly harassed, 
detained occasionally with violence, and fined journalists several 
times during the year due to their reporting. HRW reported in April 
that the PA Preventative Security and General Intelligence services 
intimidated, detained, and assaulted journalists with impunity, 
including through detentions of civilian journalists by the military 
judiciary.
    According to the Palestinian Center for Development and Media 
Freedoms (MADA), PA police officers prevented Ibtihal Mansour, a 
reporter for al-Sharq al-Awsat Studies Center, from covering a sit-in 
against PA political arrests in Nablus on June 13. Mansour stated that, 
although she adhered to orders, two female officers in civilian clothes 
beat her up and tried to confiscate her camera and cell phone. She was 
released after the intervention of members of the public and other 
journalists.
    PA security services summoned and questioned several journalists in 
the West Bank. For example, on September 10, the Palestinian 
intelligence services in Bethlehem summoned al-Aqsa TV cameraman Osayd 
Amarneh, whom they questioned about filming a protest and later 
released.
    In the Gaza Strip, journalists faced arrest, harassment, and other 
pressure from Hamas due to their reporting. There were reports that 
Hamas also summoned journalists for questioning in an attempt to 
intimidate them. Hamas also constrained journalists' freedom of 
movement during the year, attempting to ban access to some official 
buildings, as well as several prodemocracy protests.
    During coverage of popular intra-Palestinian reconciliation 
protests on March 19 in Gaza City, Hamas internal security forces 
forcibly entered the Gaza City offices of CNN, NHK (Japan's public 
broadcasting service), and Reuters, assaulted several journalists, 
seized equipment, and demanded that the journalists stop filming the 
protests.
    According to MADA, on August 17, Hamas security personnel prevented 
Wisam Zu'bur, a photographer for al-Hurriya Media Center, from taking 
pictures near al-Rimal neighborhood in Gaza City.
    There were reports during the year of Israeli authorities detaining 
or assaulting journalists due to their reporting or coverage. In 
various incidents Israeli forces subsequently raided those journalists' 
homes.
    For example, on August 19, Israeli forces reportedly assaulted Al 
Jazeera cameraman Nabeel Mizawi and correspondent Shireen Abu Akleh 
while the two were covering Friday prayers at al-Aqsa mosque in 
Jerusalem's Old City. In a live report on Al Jazeera, Abu Akleh claimed 
that IDF personnel beat Mizawi and ordered them to stop filming. 
According to the report, IDF personnel also cut a voice cable to mute 
the broadcast.
    Local media reported that on November 22, Israeli authorities 
arrested Israa Salhab, a reporter for al-Quds satellite station, after 
she anchored a program on Palestinian prisoners. She was released on 
November 28 and never faced official charges.

    Censorship or Content Restrictions.--The PA prohibits calls for 
violence, displays of arms, and racist slogans in PA-funded and 
controlled official media. Media throughout the occupied territories 
practiced self-censorship. There were no confirmed reports of any legal 
actions or prosecutions against any person publishing items counter to 
these PA guidelines.
    Civil society organizations reported that Hamas censored television 
programs and written content, such as newspapers and books. On January 
23, according to HRW, Hamas police officers entered three bookstores in 
Gaza and confiscated copies of two novels--Haidar Haidar's A Banquet 
for Seaweed and Alaa' al-Aswany's Chicago--and searched for copies of a 
third book, Forbidden Pleasure, telling the store owners that the books 
were seized because the Hamas ministry of interior ``deemed them 
``against sharia'' (Islamic law).
    There were no reports that the Israeli government monitored the 
media in the occupied territories. Israeli authorities retain the right 
to review and approve in advance of printing all Jerusalem-based Arabic 
publications for material perceived as a security threat. In practice 
anecdotal evidence suggested the Israeli authorities did not actively 
review the Jerusalem-based al-Quds newspaper or other Jerusalem-based 
Arabic publications. Jerusalem-based publications reported that, based 
on previous experiences with Israeli censorship, over time they came to 
know what is acceptable and self-censored publications accordingly.

    Libel Laws/National Security.--There were instances in which 
slander and libel laws were used to suppress criticism. For example, on 
August 16, the PA attorney general banned the annual Palestinian 
Broadcasting Corporation's Palestine TV Ramadan comedy program series, 
Watan ala Watar, in its third season, after PA security forces, 
representatives of the PA Ministry of Health, and the union of PA 
employees filed complaints claiming the program slandered members of 
their respective professions. On August 18, the PA attorney general 
issued final orders sanctioning the forcible suspension of the program.
    There were no known reports that Hamas used security justifications 
or slander or libel laws to censure public critique.

    Internet Freedom.--There were no PA restrictions on access to the 
Internet; however, there were reports that the PA, Hamas, and Israel 
monitored e-mail and Internet chat rooms. Individuals and groups could 
generally engage in the peaceful expression of views via the Internet, 
including by e-mail.
    On August 11, the Palestinian Telecommunication Company (PTC) 
suspended the Web site of electronic newspaper Alshu'la for one week, 
according to MADA. Alshu'la filed a complaint against the PTC with the 
PA attorney general. Alshu'la was reportedly forced offline because of 
a dispute between the PA and former Fatah member Mohammed Dahlan, who 
financially sponsored the site.
    On November 15, PA intelligence services arrested George Qanawati, 
station manager of Bethlehem 2000 Radio, after he published a comment 
on his Facebook page on September 8 about tensions within Fatah. He was 
released five days later without charges.
    Hamas did not restrict Internet access; however, based on anecdotal 
reports from Palestinian civil society organizations and social media 
practitioners, Hamas authorities monitored Internet activities and 
postings of Gaza Strip residents. Individuals posting negative reports 
or commentary about Hamas, its policies, or affiliated organizations 
faced questioning, and authorities at times required them to remove or 
modify online postings. No information was available regarding 
punishment for not complying with such demands.
    Israeli authorities did not restrict access to the Internet; 
however, they monitored some Internet activity.

    Academic Freedom and Cultural Events.--In the West Bank the PA did 
not place restrictions on academic freedom, and there were no known 
reports of PA censorship of school curricula or plays, films, or 
exhibits in the West Bank. During the year the PA did not interfere 
with education; however, restrictions on movement adversely affected 
academic institutions and access to education in the West Bank, as the 
existence of Israeli checkpoints, although they decreased in number, 
created difficulties for students and faculty commuting to university 
campuses (see section 2.d). While there was no overt threat to academic 
freedom, faculty were aware of security elements' presence on 
university campuses among the student body and faculty, which may have 
led to self-censorship.
    In the Gaza Strip, Hamas authorities sought to disrupt some 
educational, cultural, and international exchange programs. Hamas 
prevented high school students from the Gaza Strip from participating 
in select cultural and educational exchange programs including programs 
sponsored by foreign governments and international organizations, 
including a selected a delegation of 30 eighth-grade students selected 
by the U.N. Refugee and Works Agency (UNRWA) who were traveling to 
Jerusalem to obtain visas for onward travel to the United States in the 
spring. In some cases Hamas maintained that permits would be granted if 
accompanied by Hamas officials for the duration of the trip.
    Public and UNRWA schools in Gaza followed the same curriculum as 
West Bank schools, and there was limited interference by Hamas at the 
primary and secondary level. At the university level there were no 
known reports of significant interference in teaching or studying.
    The Hamas ministry of culture censored films shown at public venues 
in Gaza, including cutting scenes depicting women deemed to be against 
``traditional values'' from several movies shown during a film festival 
held from July 13-15 at the Gaza Women's Affairs Center.
    Hamas authorities also interfered in local cultural programs. For 
example, the Gaza-based Society for Culture and Arts reported that the 
Hamas ministry of culture reviewed the scripts of all plays performed 
by the society to ensure that they met their approval and did not 
offend local religious and cultural values. On September 23, Hamas 
canceled the public broadcast at Gallery Gaza (a cultural venue) of PA 
President Mahmoud Abbas' speech at the U.N.
    Israeli authorities generally did not permit students from the Gaza 
Strip to attend West Bank universities; only three students were 
granted permission during the year. The three students all faced delays 
in processing their permits. In general Gazan students did not apply to 
West Bank universities because they understood that Israel would deny 
permit requests.
    In East Jerusalem, Israeli security shut down an event at the 
Palestinian National Theater (al-Hakawati) in April, on the suspicion 
that the event was organized by the PA. Also in April, Israeli 
authorities canceled a soccer-related celebration planned by the East 
Jerusalem-based Palestinian youth NGO, The Workers' Club, under 
suspicion that it had been organized by the PA.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--Palestinian law permits public meetings, processions, and 
assemblies within legal limits. It requires permits for rallies, 
demonstrations, and large cultural events, and authorities rarely 
denied them. However, both PA and Hamas forces attempted to break up 
selected protests and demonstrations during the year, including 
demonstrations in solidarity with the Egyptian revolution in February. 
Palestinian NGOs stated that checkpoints and police arrests were used 
in some cases to restrict protests.
    NGOs reported that the PA in the West Bank restricted freedom of 
assembly and movement based on political leanings of the demonstrators. 
On February 5, PA security forces arrested and physically abused at 
least five peaceful protesters in Ramallah who were chanting slogans in 
support of demonstrators in Egypt and publicly criticizing the PA, 
according to HRW.
    According to a Hamas decree, any public assembly or celebration in 
the Gaza Strip requires prior permission, in contradiction of the PA 
Basic Law. During the year Hamas specifically banned public 
celebrations regarding the Palestinian U.N. bid for statehood. On March 
15, Hamas police and security officers, some in plain clothes, 
violently broke up youth-led demonstrations calling for Palestinian 
unity. HRW reported that Hamas intimidated and in some cases arrested 
youth activists calling online for Palestinian reconciliation 
demonstrations. Hamas detained, harassed, seized personal property 
from, and prevented access to legal counsel for youth activists 
publicly participating in reconciliation demonstrations in Gaza. In 
addition Hamas did not permit Fatah members to hold rallies, including 
preventing a rally celebrating the 47th anniversary of the founding of 
Fatah.
    Hamas officials also attempted to impede potential criticism of 
Hamas policies by imposing arbitrary demands for the approval of 
meetings on political or social topics. On December 1, Hamas security 
forces shut down a videoconference on women's rights and forced the 
departure of attendees from the Gaza Red Crescent Society for 
reportedly not including Hamas ``prime minister'' Isma'il Haniyeh in 
the program. On December 4, Hamas security forces forcibly terminated a 
Gaza videoconference of a social media event based in the West Bank 
after threatening to storm the building and arrest attendees. Although 
the coordinator maintained he had secured the relevant permits, Hamas 
refuted the claim.
    The IDF continued its use of a 1967 military order that effectively 
prohibited Palestinian demonstrations and limited freedom of speech in 
the West Bank. The order stipulates that a ``political'' gathering of 
10 or more persons requires a permit from the regional commander of 
military forces. The penalty for a breach of the order is 10 years' 
imprisonment or a heavy fine.
    Various NGOs noted the IDF demonstrated a lack for respect for the 
freedom of assembly and often met demonstrators with an aggressive 
response. Israeli security forces used force against Palestinians and 
others involved in demonstrations in the West Bank and East Jerusalem, 
killing one protester during the year (see section 1.a.). The IDF used 
force particularly against protests by the Popular Resistance Committee 
against the construction of the separation barrier. IDF forces 
responded to protests with military crowd-control techniques or 
weapons, such as tear gas, stun grenades, and force to push back 
protesters. On November 23, during weekly protests in Nabi Saleh, IDF 
forces used .22-caliber live fire, which wounded one protester. Israeli 
military regulations specifically forbid the use of this form of 
ammunition as a crowd control mechanism.
    The IDF Central Command maintained its designation of areas 
adjacent to the separation barrier in the villages of Bil'in and Ni'lin 
as ``closed military areas'' every Friday during the hours in which 
Palestinian, Israeli, and international activists regularly 
demonstrated. There were frequent skirmishes between the antibarrier 
protesters and IDF personnel. IDF and Israeli police personnel 
stationed on the far side of the barrier during weekly protests in 
Bil'in and Ni'lin, for instance, responded to rock throwing with tear 
gas, stun grenades, sound bombs, and rubber-coated bullets. Some 
citizen journalists claimed that the IDF's launching of tear gas 
canisters into crowds at high speeds effectively made the canister a 
weapon itself.
    Abdallah Abu Rahmah, the coordinator for Bil'in Popular Committee 
Against the Wall protests who was arrested in 2009 and found guilty of 
incitement and organizing illegal demonstrations in August 2010, was 
scheduled for release in November 2010; however, the prosecution won an 
appeal to lengthen the sentence to create ``a deterrence not only to 
[Abu Rahmah], but also to others who may follow in his footsteps.'' In 
January the military court of appeals sentenced Rahmah to an additional 
three months. He was released on March 14.
    The ACRI continued to report arbitrary restrictions on the freedom 
of assembly in East Jerusalem, including the use of unlawful arrests to 
intimidate demonstrators. In one example, municipal authorities 
required antisettlement demonstrators in Sheikh Jarrah to apply for 
permits to hold demonstrations.

    Freedom of Association.--In the West Bank the PA law allowed for 
freedom of association, but it was sometimes limited in practice.
    In the Gaza Strip, Hamas attempted to prevent various organizations 
from operating, including some it accused of being Fatah-affiliated, as 
well as private businesses it deemed to be in violation of Islamic 
social norms. In July Hamas began requiring NGOs to undergo audits and 
suspended the operations of some when they did not allow on-site 
audits.
    Israel maintained prohibitions on at least six prominent East 
Jerusalem-based Palestinian institutions--the Orient House, the de 
facto PLO office in Jerusalem, the East Jerusalem Chamber of Commerce, 
the Higher Arab Council for Tourism, the Palestine Research Center, the 
Palestinian Prisoners Club, and the Social Research Office--claiming 
that the groups violated the Oslo Accords by operating on behalf of the 
PA in Jerusalem. According to press reports, Israeli authorities closed 
as many as 10 organizations in East Jerusalem on suspicion that they 
were linked with terrorist organizations, particularly Hamas.

    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 PA Basic Law provides for freedom 
of movement, and the PA generally did not restrict freedom of movement. 
The Basic Law does not specify regulations regarding foreign travel, 
emigration, or repatriation.
    Hamas authorities in the Gaza Strip restricted some foreign travel. 
Hamas decisions in June and August increased restrictions on the entry, 
exit, and stay of foreigners, including aid workers. Hamas also 
prevented the exit of some Palestinians from Gaza as a means to protest 
the purpose of their travel or coerce a behavior change, such as the 
payment of taxes and fines.
    The IDF restricted Palestinians' movement within the occupied 
territories and for foreign travel, and, citing military necessity, it 
increased these restrictions at times. Barriers to movement included 
checkpoints, a separation barrier between the West Bank and Israel, 
internal road closures, and restrictions on the entry of persons and 
goods into and out of the Gaza Strip. Restrictions on movement affected 
virtually all aspects of life, including access to places of worship, 
employment, agricultural lands, schools, and hospitals, as well as the 
conduct of journalistic, humanitarian, and NGO activities.
    The PA, Hamas, and Israeli governments generally cooperated with 
the UNHRC and other humanitarian organizations in providing protection 
and assistance to internally displaced persons and refugees; however, 
both Hamas and Israeli officials constrained the UNRWA's ability to 
operate freely in Gaza.

    In-Country Movement.--Hamas authorities did not appear to enforce 
routine restrictions on internal movement within the Gaza Strip, 
although there were some ``no go'' areas to which Hamas prohibited 
access.
    According to UNOCHA, as of August, the Israeli government 
maintained more than 519 obstacles to movement inside the West Bank. 
For example, three roadblocks south of Hebron impeded movement for tens 
of thousands of residents of Palestinian villages, cutting direct 
access for businesses to the city's commercial center. While there was 
some lifting of permanent checkpoints in recent years, Israeli 
authorities frequently prohibited travel between some or all West Bank 
towns and deployed ``flying'' (temporary) checkpoints. Palestinians who 
lived in affected villages stated that such ``internal closures'' 
continued to have negative economic effects. During periods of 
potential unrest and major Israeli, Jewish, and Muslim holidays, 
Israeli authorities enacted ``comprehensive external closures,'' which 
precluded Palestinians from leaving the West Bank. The IDF also imposed 
temporary curfews confining Palestinians to their homes during arrest 
operations.
    The Israeli government resumed construction of a separation 
barrier, which ran along parts of the Green Line (the 1949 Armistice 
line) and inside the West Bank. If completed, the barrier would 
separate approximately 9.5 percent of the West Bank (135,000 acres 
inhabited by up to 50,000 Palestinians), including parts of Jerusalem, 
from the rest of the West Bank territory. By use of special permits, 
Israel continued to restrict movement and development within this area, 
including access by some international organizations. NGOs reported 
that many Palestinians who were separated from their land were only 
allowed access to their property a few days a year. There were reports 
that permits were not issued in the Bethlehem area, which resulted in 
Palestinian farmers' being completely unable to access their lands for 
harvest season. Private security companies employed by the Israeli 
government controlled points of access through the barrier, and 
international organizations and local human rights groups claimed these 
companies did not respond to requests to move goods and officials 
through the barrier. The barrier affected the commute of children to 
school in Jerusalem and some farmers' access to land and water 
resources. Operating hours of the accessible gates were limited and 
erratic, although usually announced. In April the Israeli High Court 
ruled against a 2003 petition by the NGO HaMoked that contested the 
legality of the permit system. A 2004 advisory opinion of the 
International Court of Justice advisory body deemed the barrier 
contrary to international law.
    Israel continued to enforce restrictions on access to farmland in 
the Gaza Strip near the boundary with Israel and to fishing areas along 
the coast, with the stated intention of preventing attacks by 
Palestinian armed factions. Israel continued to enforce the ``buffer 
zone'' beyond the declared 300 yards from the separation fence, 
including directing live fire at Gazans at distances of more than 1,000 
yards, according to UNOCHA (see also section 1.a.). The ``buffer zone'' 
encompassed approximately 24 square miles, representing 17 percent of 
the Gaza Strip's total land mass. UNOCHA estimated that nearly 35 
percent of the Gaza Strip's cultivable land was located within the 
restricted area.
    Eighty-five percent of Gaza's fishing waters were completely or 
partially inaccessible to Palestinians due to Israeli restrictions. 
Israeli naval patrol boats strictly enforced a fishing limit at three 
nautical miles from the shore of the Gaza Strip, reduced from twenty 
nautical miles as designated under the 1994 Agreement on the Gaza Strip 
and Jericho Area (later incorporated into the 1995 ``Interim 
Agreement"). In the northern Gaza Strip, Israel restricted Palestinians 
from accessing a 1.5-nautical-mile-wide strip along the maritime 
boundary with Israel, as well as a one-nautical-mile-wide strip in the 
South, which was poorly enforced, along the maritime boundary with 
Egypt, as established in the 1994 agreement. Israeli naval forces 
regularly fired warning shots at Palestinian fishermen entering the 
restricted sea areas, in some cases directly targeting the fishermen, 
according to UNOCHA. The Israeli military often confiscated fishing 
boats intercepted in these areas and detained the fishermen.
    There were reports that Israeli authorities attempted to reduce the 
Palestinian population and limit its movement in areas under Israeli 
control. Military authorities severely restricted Palestinian vehicular 
and foot traffic in the commercial center of Hebron, citing a need to 
protect several hundred Israeli settler residents. Palestinians were 
prohibited from driving on most roads in downtown Hebron and from 
walking on Shuhada Street and other roads in the Old City; however, 
Israeli settlers were permitted free access to these roads. The 
prohibition, which began in 2000, had resulted in the closure of 1,829 
businesses and 1,014 Palestinian housing units, according to B'Tselem; 
the IDF closed most shops on the street and sealed entrances to 
Palestinian houses. Demolition orders in and around Hebron also 
threatened single buildings, family homes, and other civilian 
structures; in some cases, entire villages such as Dkaika, southeast of 
Hebron, were subject to ongoing demolition orders.

    Foreign Travel.--Hamas authorities in the Gaza Strip enforced 
movement restrictions on Palestinians attempting to exit Gaza to Israel 
via the Erez Crossing and to Egypt via the Rafah Crossing, although 
they occasionally prevented Fatah members and youth activists from 
exiting through either crossing.
    In June 2010 Israel partially eased the severe restrictions on 
movement and access for the Gaza Strip, imposed following Hamas' rise 
to power in 2007, and imported goods increased during the year. 
Categories of individuals permitted to enter or exit the Gaza Strip at 
the Erez crossing point with Israel were largely limited to 
humanitarian cases; however, the Israeli government also permitted an 
increased number of businesspersons and some students to cross during 
the year. The approval rate for exit requests based on medical need 
during the year was 89.3 percent from January through November, a 
significant improvement from 2009 and 2010, when approval rates were 
68.3 percent and 78.1 percent, respectively. The total numbers of 
medical patients crossing at Erez also increased, averaging 938 per 
month during the year, in comparison with 428 and 757 per month in 2009 
and 2010, respectively. Israel allowed for increased movement through 
Erez for business purposes by increasing the validity (often three 
months) and number of permits issued for business travelers from the 
Gaza Strip, with approximately 500 permits valid by year's end. 
Beginning in May the government of Egypt eased its restrictions on 
travelers allowed to cross through the Rafah crossing, allowing 
approximately 500-600 to travel each way.
    Restricted access to East Jerusalem had a negative impact on 
patients and medical staff trying to reach the six Palestinian 
hospitals there that offered specialized care unavailable in the West 
Bank. IDF soldiers at checkpoints subjected Palestine Red Crescent 
Society (PRCS) ambulances from the West Bank to violence and delays, or 
refused entry into Jerusalem even in emergency cases. When ambulances 
lacked access, patients were moved across checkpoints from an ambulance 
on one side to a second ambulance (usually one of five East Jerusalem-
based ambulances) or private vehicle on the other side. The PRCS 
reported hundreds of violations against its teams and humanitarian 
services during the year. Most incidents included blocking access to 
those in need, preventing their transport to specialized medical 
centers, or maintaining delays on checkpoints for periods sometimes 
lasting up to two hours. Most incidents took place at the Qalandiyah 
and Az-'Za'ayyem checkpoints leading to East Jerusalem, while the 
remainder took place at other checkpoints circling the West Bank. The 
PCRS reported that on June 30, Israeli forces at the Wadi al-Ghroos 
checkpoint in Hebron's Old City stopped an ambulance en route to assist 
an unconscious Palestinian. After an hour, the PCRS team left their 
vehicle and began heading to the patient's house on foot. The patient 
later went to the hospital in a private vehicle.
    The IDF restricted Gazan students from studying in the West Bank or 
Israel and limited West Bank Palestinians from university study in East 
Jerusalem and Israel (see section 2.a.). Palestinians possessing 
Jerusalem identity cards issued by the Israeli government needed 
special documents to travel abroad. Upon the individual request of 
Palestinians, the Jordanian government issued them passports.
    Residency restrictions affected family reunification, which did not 
qualify as a reason to enter the West Bank. For a child in the Gaza 
Strip, for example, access to a parent in the West Bank was permitted 
only if no other relative was resident in the Gaza Strip. Israeli 
authorities did not permit Palestinians who were abroad during the 1967 
War, or whose residence permits the Israeli government subsequently 
withdrew, to reside permanently in the occupied territories. It was 
difficult for foreign-born spouses and children of Palestinians to 
obtain residency. Palestinian spouses of Jerusalem residents were 
required to obtain a residency permit and reported delays of several 
years in obtaining them.

    Exile.--Continued Israeli revocations of Jerusalem identity cards 
amounted to forced exile to the occupied territories or abroad. 
According to HaMoked, the Israeli Ministry of Interior renewed 
``temporary'' orders authorizing the revocation of Jerusalem residency 
rights from legal residents. The Ministry of Interior revoked 191 
permits in 2010. Reasons for revocation included having acquired 
residency or citizenship in a third country, living ``abroad'' 
(including in the West Bank or the Gaza Strip) for more than seven 
years, or, most commonly, being unable to prove a ``center of life,'' 
interpreted as full-time residency, in Jerusalem. Some Palestinians 
born in Jerusalem but who studied abroad reported losing their 
Jerusalem residency status.
    On December 7, an Israeli court ordered Hamas-affiliated PLC member 
Ahmad Atoun expelled from Jerusalem to the West Bank. Atoun was one of 
three Hamas-affiliated politicians who took refuge in the ICRC mission 
in Jerusalem in July 2010 after the Israeli Ministry of Interior 
revoked their Jerusalem residency permits. Atoun stayed at the ICRC 
building until September 2011, when Israeli police arrested him at the 
compound's gate.

    Internally Displaced Persons (IDPs).--Although IDP were not 
centrally or systematically registered, the Unified Shelter Sector 
Database estimated there were approximately 15,700 IDPs in the Gaza 
Strip who remained displaced as a result of Operation Cast Lead. UNOCHA 
estimated that more than 1,000 individuals were displaced in the West 
Bank and East Jerusalem as a result of house demolitions during the 
year.
    Although there is no specific legislation to protect IDPs along 
U.N. principles and guidelines, West Bank and Gaza Strip authorities 
are bound by international human rights laws underlying these 
obligations on displacement. Through rental subsidies and financial 
assistance to reconstruct demolished houses, the PA provided some 
assistance to those displaced. The UNRWA and humanitarian organizations 
provided services to aid IDPs in the Gaza Strip and West Bank, with 
some limitations due to movement and border access as a result of 
Israeli restrictions. In the Gaza Strip, Hamas authorities pressed 
international and local aid organizations providing emergency 
assistance to coordinate relief efforts with the Hamas ministry of 
social affairs. Several Gaza-based NGOs reported that Hamas prevented 
aid groups from distributing assistance after they refused to comply 
with Hamas regulations.

    Protection of Refugees.--Access to Asylum.--There were no reports 
of persons seeking asylum in the occupied territories, although the 
UNHRC reported that several African migrants were detained in PA jails. 
At year's end the UNHRC was working to determine whether those persons 
were bona fide refugees in need of protection. According to a UNRWA 
estimate in January, there were 848,494 Palestinian refugees in the 
West Bank and 1,167,361 in Gaza, many living in 27 UNRWA-affiliated 
refugee camps, 19 in the West Bank and eight in Gaza. The refugees 
included those displaced as result of the 1948 conflict in Israel and 
their descendents.

    Refugee Abuse.--In December IDF airstrikes in Gaza damaged a UNRWA 
school, and in August an IDF sniper shot and killed a refugee student.
    On April 19, 52-year-old Adel Saleh Riziq of the Jabalia Refugee 
Camp died while in detention in Gaza City; he was arrested at his home 
on April 14, and family members claimed via an affidavit filed with the 
ICHR that they were informed several days later that his severely 
bruised body had arrived at al-Shifa Hospital. The Hamas ministry of 
interior formed an investigative committee following the incident, but 
no findings were released by year's end.
    The Israeli government obstructed refugee access to UNRWA-provided 
humanitarian assistance in the West Bank and the Gaza Strip. The U.N. 
estimated that 75 percent of the population of the Gaza Strip were 
recipients of international aid and that 54 percent were food insecure. 
Essential infrastructure in the Gaza Strip, including water and 
sanitation services, was in a state of severe disrepair due in part to 
an inability to bring in spare parts and components under Israeli 
import restrictions. During the year, however, the Israeli government 
approved several donor-funded water and sanitation projects, and two 
large-scale wastewater treatment facilities were under construction.

    Access to Basic Services.--While many planned UNRWA projects in the 
Gaza Strip remained pending approval with Israeli authorities, the 
Israeli coordinator for government activities in the territories 
approved 73 UNRWA projects during the year, including 1,200 new housing 
units in June and other international assistance projects. The UNRWA 
reported that it did not receive approval to date for three rehousing 
projects for the provision of 1,700 shelters to refugees in Rafah and 
Khan Younis refugee camps, pending since 2007 and resubmitted the 
requests to the Israeli authorities in March.
    The UNRWA operated 243 schools with more than 219,000 refugee 
students in the Gaza Strip, but it claimed its capacity was severely 
overstretched by Israeli restrictions and that restrictions on movement 
and access in particular undermined its ability to provide education. 
UNRWA schools in the Gaza Strip ran on a double shift in ``compressed 
learning periods'' and had as many as 50 students per classroom. 
Thousands of students were schooled in makeshift classrooms.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Elections and Political Participation.--Recent Elections.--In 2006 
the 132-member PLC was elected in a process under the Basic Law that 
international observers concluded generally met democratic standards in 
providing citizens the right to change their government peacefully. 
Hamas-backed candidates participated in the 2006 PLC elections as the 
``Reform and Change Movement'' and won 74 of 132 seats. Fatah won 45 
seats, and independents and candidates from third parties won the 
remaining seats. The PLC lacked a quorum and did not meet during the 
year. Although the Israeli government and the PA followed mutually 
agreed guidelines for Palestinians residing in Jerusalem to vote in 
2005 and 2006, not all Palestinians were allowed to vote in East 
Jerusalem, and those who could vote were required to do so via post 
offices (of which there were few), thereby complicating their ability 
to vote. At the end of the year, municipal elections were put on hold 
indefinitely, and no date has been set for national elections.

    Political Parties.--Civil society organizations in the Gaza Strip 
claimed Hamas authorities and other conservative Islamist groups did 
not tolerate public dissent, opponents, civil activism, or the 
promotion of values that ran contrary to their political and religious 
ideology.

    Participation of Women and Minorities.--There were 17 women in the 
132-member PLC and three women in the 16-member cabinet. There were 
seven Christians in the PLC and two in the cabinet.
Section 4. Official Corruption and Government Transparency
    Palestinian law provides criminal penalties for official 
corruption, and the government respected this in practice, making 
progress during the year. The PA's anticorruption commission, 
consisting of special prosecutors, and an anticorruption court 
consisting of a panel of three judges, was investigating more than 140 
cases and had indicted two PA ministers. PA ministers are subject to 
financial disclosure laws. The PA attorney general has official 
responsibility for combating government corruption. There were 
allegations of past corrupt practices among Fatah officials, 
particularly in the theft of public funds and international assistance 
money. The World Bank reported that the PA made significant progress in 
combating corruption, particularly in public financial management 
reforms, but that additional reforms in land and business registration 
were needed. World Bank polling found that public perception of 
corruption remains high.
    In the Gaza Strip local observers and NGOs alleged instances of 
Hamas complicity in corrupt practices, including preferential 
purchasing terms for real estate and financial gains from involvement 
in the illegal tunnel trade by the Hamas security forces, but access to 
information and reporting were severely inhibited.
    PA law requires official PA institutions to ``facilitate'' 
acquisition of requested documents or information by any Palestinian, 
but it does not require agencies to provide such information. Reasons 
for denial generally referred to privacy rights and security necessity.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Palestinian human rights groups and several international 
organizations generally operated without PA restriction, and officials 
cooperated with their efforts to monitor the PA's human rights 
practices. Several PA security agencies, including the GI and PCP, 
appointed official liaisons that worked with human rights groups. The 
PA was open to human rights observers, and there were no reports of 
harassment of NGOs.
    In the Gaza Strip, Hamas routinely harassed civil society, breaking 
up Internet forums, and peaceful organizations. Gaza-based NGOs 
reported that Hamas representatives appeared at their offices to assure 
compliance and summoned NGO representatives to police stations for 
questioning.
    Israeli, Palestinian, and international NGOs monitored the Israeli 
government's practices in the occupied territories and published their 
findings, although ongoing fighting, movement restrictions in the West 
Bank, and access restrictions in the Gaza Strip made it difficult to 
carry out their work. The Israeli government permitted some human 
rights groups to publish and hold press conferences, and it provided 
the ICRC with access to most detainees.

    U.N. and Other International Bodies.--PA and Israeli officials 
generally cooperated with and permitted visits by U.N. representatives 
or other organizations, such as the ICRC. There were numerous reports 
that Hamas harassed members of NGOs and international organizations.
    The U.N. and international NGOs reported continued difficulty 
accessing ``seam zone'' communities in the northwestern West Bank, 
particularly Barta'a al-Sharqiya in the Jenin Governorate, due to 
Israeli authorities' excessive demands for searches of personnel, 
including U.N. employees, based on their nationality.

    Government Human Rights Bodies.--The quasigovernmental ICHR 
continued serving as the PA's ombudsman and human rights commission. 
The ICHR issued monthly and annual reports on human rights violations 
within Palestinian-controlled areas; the ICHR also issued formal 
recommendations to the PA.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    PA law prohibits discrimination based on race, gender, disability, 
language, or social status. PA authorities worked to enforce these 
laws; however, failures continued in practice.
    Hamas, despite remaining under the authority of Palestinian laws 
prohibiting discrimination, continued to implement discriminatory 
policies based on race, political affiliation, gender, and sexual 
orientation.
    Many NGOs reported that Israeli actions in the West Bank and Gaza 
amounted to racial and cultural discrimination, and they cited legal 
differences between Palestinians in the West Bank and Jewish settlers 
in the West Bank as a clear policy of racial discrimination.

    Women.--Rape and Domestic Violence.--Rape is illegal under PA law, 
but the legal definition does not address spousal rape; laws that apply 
in both the West Bank and the Gaza Strip relieve rapists who marry 
their victim of any criminal responsibility. Punishment for rape is 
five to 15 years in prison; however, societal norms limited the 
frequency of reporting. In addition there were reports that some 
accused rapists were released from custody after apologizing to 
victims. A 2011 survey by the Palestinian Authority's Central Bureau of 
Statistics found that 37 percent of women (29.9 percent in the West 
Bank and 51.1 percent in Gaza) who were married reported exposure to 
violence.
    PA law does not explicitly prohibit domestic violence, but assault 
and battery are crimes. NGOs reported that women were frequently 
unwilling to report cases of violence or abuse to the police because of 
fear of retribution, and HRW stated that few domestic violence cases 
were successfully prosecuted in recent years. Many women and girls 
stated they believed the legal system discriminated against women. 
According to the Palestinian Central Bureau of Statistics, violence 
against wives, especially psychological violence, was common in the 
West Bank and the Gaza Strip. Specifically, a 2009 survey by the 
Palestinian Women's Information and Media Center found that 52 percent 
of Gazan women faced regular physical violence. According to a 2009 
survey conducted by the U.N. Gender Task Force, 37 percent of women in 
the Gaza Strip cited domestic violence as the primary safety problem 
facing women and girls in their communities. The results also showed 
increases in domestic violence against women among households displaced 
by conflict.

    Harmful Traditional Practices.--The media reported on only one 
``honor'' killing in the Palestinian territories during the year, but 
the Women's Center for Legal Aid and Counseling reported three honor 
killings in the West Bank and one in Gaza. For a portion of the year, 
the Jordanian penal code, as applied in the West Bank by the PA, 
mitigated penalties for ``honor'' crimes. In the honor killing case of 
20-year-old Aya Baradiya from the West Bank town of Surif, whose body 
was found in a well in May but who was reportedly killed in 2010, 
authorities arrested and charged four men in June, including her uncle 
Okab Baradiya, for her death. In response to Baradiya's killing, on May 
14, President Abbas issued a presidential decree changing the law so 
that ``honor'' no longer would be considered a mitigating circumstance.

    Sexual Harassment.--No law specifically relates to sexual 
harassment. The Geneva Centre for the Democratic Control of Armed 
Forces and other NGOs reported that for some women, cultural taboos and 
fear of stigma compelled them to remain silent about sexual harassment. 
Some young women claimed that they were held responsible for 
``provoking'' men's harassing behavior.

    Reproductive Rights.--Couples and individuals in the Gaza Strip, 
the West Bank, and East Jerusalem had access to contraception. 
Information regarding family planning was lacking, although the UNRWA 
continued holding workshops for Palestinian men underscoring their role 
in family planning. There were at least 147 family planning centers in 
the West Bank and at least 20 in the Gaza Strip, according to the PA 
Ministry of Health. High workload, poor compensation, and resource 
shortages across the occupied territories continued to affect skilled 
attendance during labor and postpartum care, much of which midwives 
provided. There were more deaths among mothers and newborns in the Gaza 
Strip; the PA Ministry of Health attributed continued increases in the 
number of home births to difficulties in reaching hospitals (see 
section 2.d.). While governmental authorities and community and 
international NGOs operated HIV/AIDS education, prevention, and 
screening programs, limited information was available about the 
equality of services provided for women.

    Discrimination.--The law provides for equality of the sexes, but 
personal status law and traditional practices discriminate against 
women. For Muslims in the West Bank and the Gaza Strip, personal status 
law is derived from sharia, which includes inheritance and marriage 
laws. Women can inherit, but not as much as men. Men may take more than 
one wife, although they rarely did in urban areas (the practice was 
more common in small villages). Women may add conditions to marriage 
contracts to protect their interests in divorce and child custody but 
rarely did so. Societal pressure generally discouraged women from 
including divorce arrangements in a marriage contract. Cultural 
restrictions associated with marriage occasionally prevented women from 
completing mandatory schooling or attending college. Families sometimes 
disowned Muslim and Christian women who married outside their faith. 
Local officials sometimes advised such women to leave their communities 
to prevent harassment.
    Hamas maintained control of the Gaza Strip and enforced a 
conservative interpretation of Islam on the Gaza Strip's Muslim 
population that particularly discriminated against women. Authorities 
generally prohibited public mixing of the sexes. Plainclothes officers 
routinely stopped, separated, and questioned couples to determine if 
they were married; premarital sex is a crime punishable by 
imprisonment. Hamas's ``morality police'' also punished women for 
riding motorcycles, smoking cigarettes or water pipes, leaving their 
hair uncovered, and dressing ``inappropriately'' (i.e., Western-style 
or close-fitting clothing, such as jeans or T-shirts). Women living in 
refugee camps in the Gaza Strip said they felt unsafe using a bathing 
or latrine facility and cited a lack of reliable sanitary materials.
    Palestinian labor law states that work is the right of every 
capable citizen; however, it regulates the work of women, preventing 
them from taking employment in dangerous occupations. Women endured 
prejudice and, in some cases, repressive conditions at work. 
Additionally some employers reportedly provided preferential treatment 
to their male counterparts. According to Freedom House, women earned 65 
percent of men's wages in the West Bank and 77 percent in the Gaza 
Strip.
    Female education rates were high, particularly in the West Bank, 
and women's attendance at universities exceeded men's, but female 
university students reported discrimination by university 
administrators, professors, and their male peers, according to the 
Geneva Centre for the Democratic Control of Armed Forces. According to 
press and NGO reports, in some instances teachers sent home girls not 
wearing conservative attire in Hamas-run schools, although enforcement 
was not systematic.
    The PA Ministry of Women's Affairs existed to promote women's 
rights. During the year, the ministry worked closely with the U.N. to 
develop a nine-year plan released in January to combat violence against 
women.

    Children.--Birth Registration.--The PA registers Palestinians born 
in the West Bank and the Gaza Strip, and Israel requires that the PA 
transmit this information to the Israeli Civil Administration. As the 
PA does not constitute a state, it does not determine ``citizenship'' 
alone. Children of Palestinian parents can receive a Palestinian 
identity card (issued by the Civil Administration) if they are born in 
the occupied territories to a parent who holds a Palestinian identity 
card. The PA Ministry of Interior and the Israeli Civil Administration 
both play a role in determining a person's eligibility.
    Israel registers the births of Palestinians in Jerusalem, although 
Arab residents of Jerusalem reported delays in the process.

    Education.--Education in PA-controlled areas is compulsory from age 
six through the ninth grade. Education is available to all Palestinians 
without cost through high school.
    In the Gaza Strip, primary education was not universal. The UNRWA 
and Hamas provided educational instruction.
    From January through November, UNICEF reported 34 attacks on 
schools in the West Bank (30) and Gaza (four), amounting to a denial of 
access to education. Twenty-two instances were perpetrated by Israeli 
authorities, eleven by Israeli settlers, and four by Palestinian armed 
groups.
    In Israeli-administered East Jerusalem, Palestinian children did 
not have access to the same educational resources as Israeli children 
(see section 6, Minorities).

    Child Abuse.--Child abuse was reportedly a widespread problem. The 
law prohibits violence against children; however, PA authorities rarely 
punished perpetrators of familial violence. In a 2009 study by the U.N. 
Gender Task Force in the southern Gaza Strip, survey participants 
reported a high level of perceived domestic violence against children.
    Israeli security forces also participated in violence against 
children in custody, during arrest (see section 1.c.), or working 
inside or near the Gaza Strip buffer zone, according to NGO and U.N. 
reports.
    Doctors Without Borders (MSF) reported that the number of children 
with post-traumatic stress disorder and other anxiety disorders 
including depression increased in recent years. MSF attributed a 
majority of the cases to trauma experienced during Israeli military 
incursions or as a result of settler violence.

    Child Marriage.--Palestinian law defines the minimum age for 
marriage as 18; however, religious law allows for marriage as young as 
15. Underage marriage did not appear to be widespread.

    Sexual Exploitation of Children.--The PA considers statutory rape a 
felony based on the Jordanian penal code of 1960, which also outlaws 
all forms of pornography. The minimum age for consensual sex is 18. 
Punishment for rape of a victim under the age of 15 includes a minimum 
sentence of seven years.

    Displaced Children.--Conflict and demolition orders (see also 
section 2.d.) displaced children in the occupied territories. UNOCHA 
reported that 618 children were displaced due to home demolitions in 
the West Bank and East Jerusalem during the year.

    Child Soldiers.--There were reports that Hamas trained children as 
combatants.

    Anti-Semitism.--The size of the Jewish community in the West Bank 
was approximately 300,000. The Jewish population in Gaza, aside from 
foreign nationals, was nonexistent. There were an estimated 200,000 
Jewish residents of East Jerusalem.
    Rhetoric by several Palestinian groups included expressions of 
anti-Semitism, as did sermons by some Muslim religious leaders. In the 
Gaza Strip and the West Bank there were a few documented instances in 
which media outlets, particularly outlets controlled by Hamas, 
published and broadcast material that included anti-Semitic content, 
sometimes amounting to incitement. For example, in December Hamas's al-
Aqsa TV aired a sermon by a preacher who called for the killing of 
Jews. Unofficial Palestinian television broadcast content that 
sometimes advocated for holy war to expel the Jewish presence in the 
region. Some children's programs shown on Hamas television legitimized 
the killing of Israelis and Jews via terrorist attacks. In February 
Zayzafouna, a Palestinian youth magazine, featured a story in which 
Hitler appeared as a teenage girl's role model, making remarks about 
the killing of Jews on the grounds that they spread destruction.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at http://www.state.gov/j/tip.

    Persons With Disabilities.--There is no reference in PA law to 
disability. Access to buildings, information, or communications was not 
mandated. Palestinians with disabilities continued to receive uneven 
and poor-quality services and care. The PA depended on U.N. agencies 
and NGOs to care for persons with physical disabilities and offered 
substandard care for persons with mental disabilities. There were 
reports that Israeli authorities placed detainees deemed mentally ill 
or a threat to themselves or others in isolation without full medical 
evaluation. According to Physicians for Human Rights-Israel, isolation 
of prisoners with mental disabilities was common.
    Familial and societal discrimination against persons with 
disabilities existed. Press reports indicated that some parents in the 
West Bank performed hysterectomies on mentally ill girls to prevent 
them from becoming pregnant; most of these parents stated they intended 
to protect their daughters from rape.
    In August international media reported that an impoverished 
Palestinian family, unable to provide necessary care for two mentally 
ill daughters, Mohedeye Dawabsha, 25, and Nedaa Dawabsha, 21, had 
chained both in a room in the family house in Duma, citing concern 
about their vulnerability to sexual violence should either wander away.

    National/Racial/Ethnic Minorities.--Although not a numerical 
minority, Palestinians faced targeted violence and discrimination from 
Israeli actors in the occupied territories (see also sections 1.a., 
1.c., 1.f., and 2.d.).
    The Jerusalem Legal Aid Society and Human Rights Center and other 
NGOs reported an increase in attacks by Israeli settlers on 
Palestinians and their property in the West Bank. The attacks included 
direct violence against Palestinian residents. Unnamed settlers killed 
at least two Palestinians during the year, including 17-year-old Fakhri 
Yousef Akhlaiel, a resident of Khirbat Safa, on January 18. Akhlaiel 
was reportedly harvesting grapes on his family's land at the time of 
the shooting. News reported that police investigated the incident, but 
there were no reports of arrests or indictments.
    Some Israeli settlers reportedly used violence against Palestinians 
as a means of harassment and to keep them away from land that settlers 
sought to expropriate. In the Palestinian village of al-Baqa'a, NGOs 
reported that settler violence drove out significant portions of the 
Palestinian population, with no intervention from the IDF or the 
Israeli national police. On December 5, Israeli settlers from the 
Yitzhar settlement kidnapped and subsequently released Salim Jamil 
Shehadeh, a 60-year-old shepherd, from Orif village. The settlers also 
stole 50 of Shehadeh's sheep. There was no information about an 
investigation at year's end.
    Other violence was in retaliation for killings of Israelis. On 
March 12 and 13, for example, following the killing of five Israeli 
settlers in Itamar (see section 1.a), settlers conducted widespread 
retaliatory attacks against Palestinians in the West Bank governorates 
of Nablus, Salfit, Qalqilya, Hebron, and Ramallah. Settlers threw 
stones at Palestinian vehicles at 16 separate locations in the West 
Bank, and there were multiple reports of settlers kidnapping and 
beating Palestinians before releasing them. Settlers also attacked PA 
emergency medical responders.
    Various human rights groups continued to claim that settler 
violence was insufficiently investigated and rarely prosecuted. Some 
groups in part attributed this to the Israeli Ministry of Defense's 
Civil Administration's neglect of Palestinian complaints and also to 
Palestinian residents who were often reluctant to report incidents, 
fearing settler retaliation. The Israeli NGO Yesh Din reported in 2010 
that more than 90 percent of investigations into offenses against 
Palestinians carried out by Israeli in the West Bank were unsuccessful.
    Settlers also exploited religious tensions to harass Palestinian 
villages by vandalizing, breaking into, or burning 10 mosques. UNOCHA 
reported a 150 percent increase in attacks on mosques during the year.
    Access to social and commercial services, including housing, 
education, and health care, in Israeli settlements in the West Bank was 
available only to Israelis. Israeli officials discriminated against 
Palestinians in the West Bank and Jerusalem regarding access to 
employment and legal housing by denying Palestinians access to 
registration paperwork. In both the West Bank and Jerusalem, Israeli 
authorities placed often insurmountable hurdles on Palestinian 
applicants for construction permits, including the requirement that 
they document land ownership in the absence of a uniform post-1967 land 
registration process, high application fees, and requirements that new 
housing be connected to often unavailable municipal works. According to 
B'Tselem, since 2000 Israel has curtailed the Palestinian population 
registry, denying paperwork to Palestinians and effectively declaring 
Palestinians illegal residents. Some Palestinians defined as illegal 
residents faced harassment, arrest, or deportation to the Gaza Strip.
    The World Bank reported that Palestinians suffered water shortages, 
noting that approximately half of the domestic water supply for 
Palestinians was purchased from Israel. The Palestinian Water Authority 
claimed that Israel controls 90 percent of the shared water resources 
of the Mountain Aquifer, which underlies the West Bank and Israel. 
According to Amnesty International (AI), Palestinians received on 
average of 18.5 gallons of water per person per day, falling short of 
the World Health Organization's standard of 26.5 gallons per person per 
day, the minimum daily amount required to maintain basic hygiene 
standards and food security. The PA's ability to improve water network 
management and efficiency was limited by political constraints, 
including the requirement for Israeli approval to implement water-
related projects and the PA's lack of authority in Area C to prevent 
theft from the network, as well as by the PA's own management 
challenges. Between January and July, according to the U.N., the 
Israeli military destroyed 20 water cisterns, some of which were funded 
by donor countries for humanitarian purposes. The Israeli military also 
destroyed unlicensed Palestinian agricultural wells, claiming they 
depleted aquifer resources. During the year the two sides partially 
resolved a long-standing dispute on the rehabilitation of licensed 
Palestinian wells, with Israel allowing Palestinian farmers to 
rehabilitate 57 licensed wells in the Eastern Basin of the Mountain 
Aquifer, increasing water supply in the largely agricultural Jordan 
Valley of the West Bank.
    In the West Bank, some NGOs reported an increase in settler 
expropriation of natural water springs located on privately owned 
Palestinian land. Yesh Din documented settler expropriation of 26 
springs and their conversion into recreational ``nature parks.'' 
Palestinian residents reported that water supplies were intermittent, 
and settlers and their security guards denied Palestinians, including 
shepherds and farmers, access to the springs. AI estimated that the 
settler population in the West Bank used as much water as the entire 
Palestinian population.
    NGOs claimed that Jerusalem municipal and Israeli national policies 
aimed at decreasing the number of Palestinian residents of East 
Jerusalem. Government-sponsored construction of new Israeli housing 
units continued, while building permits were difficult to obtain for 
Arab residents of East Jerusalem, and homes built by Arab residents 
without legal permit were subject to demolition. The Israeli NGOs 
Bimkom and Ir Amim claimed that Palestinians in East Jerusalem 
continued to face barriers to purchasing property or obtaining building 
permits. Land owned or populated by Arabs (including Palestinians and 
Israeli Arabs) was generally zoned for low residential growth. 
Approximately 30 percent of East Jerusalem was designated for Israeli 
residents. Palestinians were able in some cases to rent Israeli-owned 
property, but were generally unable to purchase property in an Israeli 
neighborhood. Israeli NGOs claimed that of all land designated for 
housing in West Jerusalem and in the Israeli neighborhoods of East 
Jerusalem, at least 79 percent was unavailable for Arab construction.
    The Jerusalem Municipality and Jewish organizations in Jerusalem 
made efforts to increase Israeli property ownership or underscore 
Jewish history in predominately Arab neighborhoods of East Jerusalem. 
The Jerusalem Municipality advocated increased Israeli influence and 
property ownership in East Jerusalem's Kidron Valley.
    Although Israeli law entitles Arab residents of East Jerusalem to 
full and equal services provided by the municipality and other Israeli 
authorities, in practice the Jerusalem Municipality failed to provide 
sufficient social services, infrastructure, emergency planning, and 
postal service for Arab neighborhoods in East Jerusalem. Palestinian 
residents constituted 35 percent of Jerusalem's population but received 
only 10-15 percent of municipal spending. The ACRI reported that this 
resulted in Palestinian residents' lack of access to running water, 
crowded classrooms in substandard buildings, and poor sewage 
infrastructure, among other problems. Many Jerusalem municipal forms 
were not available in Arabic. Bus services in Jerusalem were largely 
segregated in practice.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Palestinian law, based on the 
1960 Jordanian penal code, prohibits homosexual activity, although in 
practice the PA did not prosecute individuals suspected of such 
activity. Societal discrimination based on cultural and religious 
traditions was commonplace. Some Palestinians claimed that PA security 
officers and neighbors harassed, abused, and sometimes arrested 
lesbian, gay, bisexual, and transgender persons because of their sexual 
orientation. NGOs reported that Hamas also harassed and detained people 
due to sexual orientation.

    Other Societal Violence or Discrimination.--While the PA Ministry 
of Health provided treatment and privacy protections for patients with 
HIV/AIDS, societal discrimination against affected individuals was 
common.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
PA law permits workers to form and join independent unions and conduct 
legal strikes. The law requires collective bargaining to be conducted 
``without any pressure or influence'' but does not explicitly state a 
right to collective bargaining. The PA labor code does not apply to 
civil or domestic servants, although the law allows civil servants to 
form their own unions.
    The requirements for legal strikes are cumbersome, and strikers had 
little protection from retribution. Prospective strikers must provide 
written warning two weeks in advance of the strike (four weeks in the 
case of public utilities). The PA Ministry of Labor can impose 
arbitration; workers or their trade unions face disciplinary action if 
they reject the result. If the ministry cannot resolve a dispute, it 
can be referred to a committee chaired by a delegate from the ministry 
and composed of an equal number of members designated by the workers 
and employer, and finally to a specialized labor court.
    Antiunion discrimination and employer interference in union 
functions are illegal; however, although the law gives workers the 
right to unionize, it does not specifically prohibit termination due to 
union activity.
    In practice the PA generally respected freedom of association and 
the right to collective bargaining, with some exceptions. Labor unions 
reported that the PA's 2000 labor law had not been fully implemented at 
year's end and asserted that the current system benefitted employers. 
For example, the labor court provided for in the law had not been 
established. During the year the waiting time for court hearings was 
five to six years. The PA enforced the prohibitions on antiunion 
discrimination and employer interference in union functions; however, 
it inconsistently enforced laws regarding freedom of association, and 
there were reports that PA enforcement of collective bargaining rights 
for unions serving other than PA employees was limited. The right to 
strike remained weak in practice.
    Two main labor unions in the West Bank competed for membership and 
political recognition. A leader of one of the unions is also the PA 
deputy labor minister. Otherwise, the unions were independent from the 
government, and there were no reports of politically motivated sackings 
of union leaders.
    In 2007 Hamas replaced Fatah-affiliated union leaders with Hamas 
members or sympathizers in the Gaza Strip, and during the year it 
maintained restrictions on union membership.
    Israeli law applies to Israeli settlements in the West Bank and 
Jerusalem but was not uniformly enforced. Most settlements apply to 
Palestinian workers Jordanian labor law as it existed prior to 1967, 
which provides for lower wages and fewer protections than Israeli law. 
Workers in Jerusalem often joined West Bank unions or the Israeli 
General Federation of Labor (Histadrut); however, they cannot vote in 
Histadrut elections.

    b. Prohibition of Forced or Compulsory Labor.--PA law does not 
expressly forbid forced or compulsory labor. Children and women were 
vulnerable to forced labor conditions.

    c. Prohibition of Child Labor and Minimum Age for Employment.--
According to PA law, the minimum age for employment in the occupied 
territories is 15 years. The law classifies children as those under 18 
years of age, and it restricts employment for those between 15 and 18. 
However, the law allows children younger than 15 to work for immediate 
family members under close supervision. Hiring of children ages 15-18 
for certain types of employment is permitted under set conditions. The 
law prohibits children from working more than 40 hours per week, 
operating certain types of machines and equipment, performing work that 
might be unsafe or damage their health or education, and working at 
night, in hard labor, or in remote locations far from urban centers.
    Due to inadequate resources and logistical difficulties, PA 
authorities did not effectively enforce the law. The PA estimated that 
2.3 percent of children between the ages of 10 and 14 and 6.1 percent 
of children between the ages of 15 and 17 worked in the West Bank and 
Gaza during the year. According to the PA, more than 90 percent of 
child laborers lived in the West Bank; the smaller proportion for Gaza 
was due to the unavailability of jobs and high unemployment among 
adults in Gaza, according to the PA. Palestinian child laborers 
generally worked on family farms, in shops, as street vendors, in car 
washes, in factories, or in small manufacturing enterprises. They were 
vulnerable to forced labor. Conditions were especially poor for 
Palestinian children working as street vendors, many of whom worked all 
day without food or water and were subject to abuse, according to the 
PA Ministry of Labor. According to the ministry, children also 
continued to work smuggling goods--from food products to chemicals--
through the tunnels between Egypt and the Gaza Strip. Children 
reportedly worked in the tunnels for 10-hour shifts, with one hour's 
rest. From 2007 to 2010, at least 32 children died while working in the 
tunnels; common causes of death included tunnel collapse, electric 
shock, and Israeli shelling
    During the year the PA Ministry of Labor employed six officers 
tasked with monitoring child labor conditions, a number it recognized 
as insufficient. Many reported cases of child labor violations took 
place in home environments, for example, on family farms, which were 
not open to labor ministry inspection. Child protection officers with 
the PA Ministry of Social Affairs were overburdened and also lacked the 
resources to follow up on such cases. The PA Ministry of Labor reported 
that only employers who hire children under 15 to work in dangerous 
conditions or hazardous jobs are referred to the attorney general for 
prosecution; between 2007 and 2011, the ministry referred 10 such 
cases. PA officials reported fining ``numerous'' people after it 
conducted successful investigations conducted by the PA Ministry of 
Labor in recent years. The ministry was unable to conduct 
investigations in the Gaza Strip, nor did it have access to Israeli-
controlled Area C of the West Bank (nearly 60 percent of the West Bank) 
where child economic exploitation and labor were most likely to occur, 
according to PA officials.
    The Israeli government stated that it did not issue permits for 
Palestinian West Bank residents younger than 18 years old to work in 
Israeli settlements, except in the Jordan Valley, where the law allows 
work permits for persons from the age of 16 and older; however, 
according to the PA, children entered the settlements or crossed into 
Israel to seek work. The PA reported that Palestinian children working 
in Israeli settlements in the West Bank without legal protection or 
labor inspectors faced security problems, exploitation, and harassment.
    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 was no minimum wage in 
Palestinian-controlled areas.
    Palestinians working in Israeli settlements reported that they 
continued to receive wages lower than the Israeli minimum wage, despite 
a 2008 high court ruling that Israeli labor laws apply to relations 
between Palestinian workers and Israeli employers in settlements in the 
occupied territories. In November, the Ma'ale Adumim municipality 
became the first Israeli settlement to apply Israeli labor law to 
Palestinian workers, in response to a successful lawsuit filed by the 
workers who demanded Israeli minimum wage and labor protections. A 
three-month-long strike that began in July caused an Israeli quarry in 
the West Bank in Mishor Adumim to close. The strike was in response to 
the employer's refusal to recognize the workers' collective agreement. 
In December a court in Jerusalem approved the creditors' disposition of 
the company, along with compensation to the workers.
    According to PA law, the maximum official Sunday to Thursday 
workweek was 48 hours. The law also allows for paid official and 
religious holidays, which may not be deducted from annual leave. 
Workers must be paid time and a half for each hour worked beyond 45 
hours per week and may not perform more than 12 hours of overtime work 
per week.
    The PA Ministry of Labor was responsible for setting occupational 
health and safety standards, but its enforcement ability was limited, 
in part due to lack of staff. The ministry employed 45 labor inspectors 
during the year, but ministry contacts reported that they would need at 
least 150 inspectors to adequately enforce the labor law. Unions also 
stated that the PA did not effectively monitor smaller worksites, which 
were at times below legal standards for safety.
    The PA was unable to monitor labor conditions in the Gaza Strip and 
has no authority to monitor labor safety in the 60 percent of the West 
Bank that is designated Area C, under the terms of Oslo-era agreements 
with Israel. The ministry cannot enforce Palestinian labor law in seam 
zones, Israel (where Palestinians were employed on permits or 
illegally), or in Israeli settlements in the West Bank. At the same 
time Israeli authorities did not conduct labor inspections in Israeli 
settlements, where, according to the International Labor Organization, 
the number of Palestinian workers constituted a significant part of the 
workforce. The lack of a competent labor authority in the settlements 
increased workers' vulnerability to exploitation. NGOs like Kav LaOved 
asserted exploitative practices in the Israeli settlements were 
widespread. Israeli NGOs brought some cases in Israeli labor courts on 
behalf of Palestinian workers employed by enterprises in the 
settlements.
    Informal sector work, especially in illegal smuggling tunnels 
between the Gaza Strip and Egypt and rubble and garbage collection, was 
often dangerous. In 2010, according to the Gaza-bases al-Mezan Centre 
for Human Rights, 46 workers died in the tunnels.

                               __________

                                 JORDAN

                           EXECUTIVE SUMMARY
    The Hashemite Kingdom of Jordan is a constitutional monarchy ruled 
by King Abdullah II bin Hussein. The constitution concentrates 
executive and legislative authority in the king. The multiparty 
parliament consists of the 60-member House of Notables (Majlis al-Ayan) 
appointed by the king and a 120-member elected lower house, the Chamber 
of Deputies (Majlis al-Nuwwab). Parliamentary elections, which 
international observers deemed credible, took place in November 2010. 
Security forces reported to civilian authorities.
    Throughout the year citizens staged weekly demonstrations calling 
for various political and economic reforms. The demonstrations were 
mostly peaceful; however, there were incidents of violence by 
counterprotesters and security forces against protesters. The 
government did not investigate or prosecute individuals and security 
officials accused of inciting violence during the demonstrations.
    The three most significant continuing human rights problems were 
citizens' inability to peacefully change their government, abuses 
committed with impunity by security services, and violence against 
women.
    Other human rights problems were arbitrary deprivation of life, 
torture or mistreatment, poor prison conditions, arbitrary arrest and 
denial of due process through administrative detention, prolonged 
detention, and external interference in judicial decisions. Citizens 
continued to report infringements on their privacy rights, and legal 
and societal discrimination against persons of Palestinian origin 
remained widespread. Restrictive legislation and regulations limited 
freedoms of speech and press, while government interference in the 
media and threats of fines and detention further encouraged self-
censorship. The government amended the law restricting freedom of 
assembly and more frequently allowed protesters to gather without 
interference, although counterdemonstrators and at times security 
forces used violence against them. The government continued to restrict 
freedom of association. Local human rights organizations reported 
widespread violence against women and children. Legal and societal 
discrimination and harassment remained a problem for women, religious 
minorities, converts from Islam, and members of the lesbian, gay, 
bisexual, and transgender (LGBT) community. The government restricted 
labor rights, and local and international human rights organizations 
reported high levels of abuse of foreign domestic workers.
    Impunity remained problematic. The government did not take steps to 
investigate, prosecute, or punish officials who committed 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 government agents committed an arbitrary or unlawful killing 
during the year. On March 25, Khairy Jamil Said died as police were 
dispersing protesters near Gamal Abdul Nasser Square in Amman. While 
the government coroner reported Saad died of heart failure, protesters 
accused the police of beating Saad to death.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, international 
NGOs continued to report incidents of torture and widespread 
mistreatment in police and security detention centers. The law 
prohibits torture, including psychological harm, by public officials 
and provides penalties of as long as three years' imprisonment for the 
use of torture, with an increased penalty of up to 15 years if serious 
injury occurs. Human rights lawyers found the law ambiguous and 
supported amendments to better define ``torture'' and strengthen 
sentencing guidelines. The judicial system has never charged an 
individual with torture.
    International and domestic organizations stated that security 
forces continued to practice torture, particularly in police stations. 
According to a May 11 Human Rights Watch (HRW) report chronicling the 
April 15 demonstrations in Zarka, officers from ``Teams 62 and 71'' 
reportedly detained more than 100 Islamist protesters in a security 
station in the nearby town of Rusaifa and beat some on the head, back, 
and other body areas while their hands and feet were shackled. 
According to HRW, the detainee who reported the torture was among a 
large group released on May 5 after an initial investigation.
    Some individuals reported that government agents sexually abused 
them during arrest or detention by making them remove their clothing 
and perform sexual acts.
    Human rights activists reported that some persons with disabilities 
were subjected to cruel and inhumane treatment at institutions and 
rehabilitation centers. In September the Family Protection Department 
(FPD) investigated a case in which a management official abused a 12-
year-old child with cerebral palsy at a private rehabilitation center 
accredited by the Ministry of Social Development.

    Prison and Detention Center Conditions.--Significant problems 
remained in prisons, including inadequate food and health care, poor 
sanitation standards, poor ventilation, extreme temperatures, 
inadequate access to potable water, and insufficient basic and 
emergency medical care. Some detainees reported abuse and mistreatment 
by guards during the year. The National Center for Human Rights (NCHR) 
reported 85 complaints from juvenile detention centers from March 2010 
to August 2011, including those related to lack of personal safety, 
lack of education, and allegations of torture and mistreatment.
    According to government statistics, there were approximately 16,444 
inmates, 3 percent of whom were female, in 15 correctional and 
rehabilitation center (CRC) facilities, up from 14 in 2010. According 
to the Ministry of Social Development, there were 170 juveniles in 
custody. Conditions for women were generally better than those for men. 
Pretrial detainees were often held in the same detention facilities as 
convicted prisoners. The General Intelligence Directorate (GID) held 
some persons detained on national security charges in separate 
detention facilities. According to the NCHR, GID detainees are 
generally held in solitary confinement and are prevented from meeting 
unsupervised with visitors, including their lawyers. Islamist prisoners 
in Jweidah were held in a separate wing and kept in small-group semi-
isolation. International and domestic NGOs reported that in some 
instances Islamist prisoners faced harsher prison conditions than other 
inmates.
    Prisoners and detainees had restricted access to visitors and were 
permitted religious observance. Authorities permitted prisoners and 
detainees to submit complaints to judicial authorities without 
censorship; however, authorities did not investigate allegations of 
inhumane conditions. The Ombudsman's Bureau within the Public Security 
Directorate (PSD) investigates allegations of police abuse; however, 
due to impunity complaints rarely resulted in any disciplinary 
measures. During the year no steps were taken to improve recordkeeping 
or use alternatives to sentencing for nonviolent offenders or 
juveniles.
    The government permitted local and international human rights 
observers to visit prisons and conduct private interviews. The 
International Committee of the Red Cross (ICRC) visited prisoners and 
detainees in all prisons, including those controlled by the GID, 
according to standard ICRC modalities.
    During the year the government inaugurated two new CRCs with cells 
that meet international standards and shut down an older prison.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention. According to local and international human rights 
groups, the government did not always observe these prohibitions in 
practice. In particular, the governors of the country's 12 governorates 
continued to use the law to detain individuals administratively without 
due process or detain individuals found not guilty in legal 
proceedings.

    Role of the Police and Security Apparatus.--The PSD controls 
general police functions. The PSD, GID, gendarmerie, Civil Defense 
Directorate, and military share responsibility for maintaining internal 
security. The PSD, Civil Defense Directorate, and gendarmerie report to 
the minister of interior with direct access to the king when necessary, 
and the GID in practice reports directly to the king. Civilian 
authorities maintained control over security forces.
    According to local and international NGOs, the government rarely 
investigated allegations of abuse or corruption, and there were 
widespread allegations of impunity. Citizens may file complaints of 
police abuse or corruption with the PSD's human rights office or one of 
50 police prosecutors stationed throughout the country. Complaints of 
abuse and corruption by the gendarmerie may be filed directly with the 
gendarmerie. A GID liaison officer receives complaints against the GID 
and refers them to GID personnel for investigation. Complaints against 
the PSD, gendarmerie, and GID may also be filed with the NCHR or 
several other NGOs, such as the Arab Organization for Human Rights 
(AOHR). The PSD's preventive security office is tasked with 
investigating allegations of police corruption. The PSD and gendarmerie 
try their personnel internally with their own courts, judges, and 
prosecutors; reports about the proceedings are not published.
    During the year there were several reported instances of security 
forces using excessive force with impunity or failing to protect 
demonstrators from societal violence. On July 15, during a proreform 
demonstration in Al-Nakeel Square in Amman, several members of the riot 
police wielding wooden bats and other instruments, such as a barbeque 
rack, attacked protesters and journalists covering the demonstrations. 
On July 19, the minister of interior announced that the committee 
tasked with investigating the incident found the PSD responsible for 
the attacks; however, by year's end no security official had been 
prosecuted.

    Arrest Procedures and Treatment While in Detention.--The law allows 
suspects to be detained for up to 24 hours without a warrant in all 
cases. The criminal code requires that police notify authorities within 
24 hours of an arrest and that authorities file formal charges within 
15 days of an arrest. The period to file formal charges can be extended 
for as long as six months for a felony and two months for a 
misdemeanor. According to local NGOs, prosecutors routinely requested 
extensions and judges granted them. Human rights observers claimed that 
police made arrests before obtaining warrants and that prosecutors did 
not file charges or seek extensions in a timely manner. They alleged 
that authorities transferred suspects to the security court in order to 
extend the legal time from 24 hours to 10 days for investigation. Bail 
is allowed under the penal code and was used in some cases. Some 
detainees reported not being allowed timely access to a lawyer, but 
authorities generally permitted family member visits. Authorities 
appointed lawyers to represent indigent defendants charged with 
felonies, although legal aid services remained minimal.
    The U.N. Committee Against Torture's May 2010 report expressed 
serious concern about the government's failure in practice to afford 
all detainees, including detainees held in GID and PSD facilities, with 
``all fundamental legal safeguards from the very outset of their 
detention,'' including the right to notify a relative and to be 
informed of their rights and charges against them at the time of 
detention.

    Arbitrary Arrest.--The State Security Court gives judicial police 
the authority to arrest and keep persons in custody for 10 days while 
conducting criminal investigations. This authority includes arrests for 
alleged misdemeanors. In cases purportedly involving state security, 
the security forces at times arrested and detained citizens without 
warrants or judicial review, held defendants in pretrial detention 
without informing them of the charges against them, and either did not 
allow defendants to meet with their lawyers or did not permit meetings 
until shortly before trial. Several inmates were in detention without 
charge at year's end.
    Under the Crime Prevention Law, provincial governors may detain 
individuals suspected of planning to commit a crime or those who 
allegedly shelter thieves, habitually steal, or constitute a danger to 
the public, and in practice they used this provision widely. Those 
accused are subject to imprisonment or house arrest for as long as one 
year under ``administrative detention'' without formal charges, and 
governors can prolong detentions. During the year governors 
administratively detained 11,345 individuals. Several international and 
national NGOs noted that governors routinely abused the law, 
imprisoning individuals when there was not enough evidence to convict 
them and prolonging detentions of prisoners whose sentences had 
expired. The law was also used to incarcerate women, allegedly to 
protect them, as they are at risk of being honor crime victims.

    Pretrial Detention.--The common practice of judges granting 
extensions to prosecutors prior to filing formal charges unnecessarily 
lengthened pretrial detention. During the year there were 23,118 
pretrial detainees. Lengthy legal procedures, a large number of 
detainees, judicial inefficiency, and the judicial backlog added to the 
problem of pretrial detention. The length of the detention at times 
equaled or exceeded the sentence for the alleged crime.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary. Allegations of nepotism and the influence of 
special interests raised concerns about the judiciary's independence in 
practice. Authorities did not always respect court orders.

    Trial Procedures.--The law presumes that defendants are innocent. 
All civilian court trials, including state security court trials, are 
open to the public unless the court determines otherwise. Juries are 
not used. Defendants are entitled to legal counsel, provided at public 
expense for the indigent in cases involving the death penalty or life 
imprisonment. In many cases not involving the death penalty, those 
whose punishment would be hard or temporary labor have no legal 
representation. Defendants can present witnesses and evidence and can 
question witnesses presented against them. Authorities generally 
granted defendants access to government-held evidence relevant to a 
case. Defendants can appeal verdicts; appeals are automatic for cases 
involving the death penalty.
    Defendants before the State Security Court frequently met with 
their attorneys at the start of a trial or only one or two days before. 
A case may be postponed for more than 48 hours only under exceptional 
circumstances determined by the court. In practice, cases routinely 
involved postponements of more than 10 days between sessions with 
proceedings lasting for several months. In many cases the accused 
remained in detention without bail during the proceedings. In the State 
Security Court, defendants convicted of felonies or misdemeanors have 
the right to appeal their sentences to the Court of Cassation, which is 
authorized to review issues of both fact and law.
    All citizens are accorded these rights. Civil, criminal, and 
commercial courts accord equal weight to the testimony of men and 
women; however, in sharia courts, which have jurisdiction over Muslim 
marriage, divorce, and inheritance cases, the testimony of two women 
was equal to that of a man in most circumstances.

    Political Prisoners and Detainees.--Citizens and NGOs alleged that 
the government continued to detain individuals, including political 
opposition members, for political reasons during the year and that 
governors continued to use administrative detentions for what appeared 
to be political reasons.

    Civil Judicial Procedures and Remedies.--Individuals may bring 
civil lawsuits related to human rights violations and did so during the 
year.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary interference in private 
matters, but the government did not respect this prohibition in 
practice. Citizens widely believed that security officers monitored 
telephone conversations and Internet communication, read private 
correspondence, and engaged in surveillance without court orders.
    Unlike in the previous year, there were no reports that police 
forcibly entered the homes of foreign migrant workers without warrants.
    Some religious activists reported that the GID withheld their 
certificates of good behavior, which confirm that the applicant does 
not have a criminal record and are required for job applications or to 
open a business. The GID usually withholds a certificate of good 
behavior if there is a criminal record; however, there is no public 
information outlining the GID's policies for issuing the certificates. 
Some activists also said GID officials threatened to bar their children 
from entering or graduating from university.
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; 
however, the government did not respect these rights in practice.

    Freedom of Speech.--The law permits punishment of up to three 
years' imprisonment for insulting the king, slandering the government 
or foreign leaders, offending religious beliefs, or stirring sectarian 
strife and sedition. In practice citizens were generally able to 
criticize the government, although they reportedly exercised caution in 
regard to the king, royal family, GID, and other sensitive topics such 
as religion.
    On May 22, the Amman Criminal Court found journalist Muwaffaq 
Mahadin and environmentalist Sufian al-Tal not guilty of slander and 
other charges based on separate public interviews the two men gave 
criticizing the army's security role in Afghanistan. State security 
forces detained the men in February 2010 for two weeks.

    Freedom of Press.--Independent print media existed, including 
several major daily newspapers; however, such publications must obtain 
licenses from the state to operate. The independent print and broadcast 
media largely operated without restriction, but media observers 
reported governmental pressure to refrain from criticizing the royal 
family, discussing the GID, or using language deemed offensive to 
religion, including the threat of large fines and prison sentences for 
slander of government officials and other topics listed above. Media 
organizations and journalists reported that the government influenced 
the appointment of editors in chief at some major publications, whether 
by virtue of officials' positions on the boards of directors of 
government-affiliated publications or through undisclosed contacts. The 
government has a majority of seats on the board for the leading 
semiofficial daily newspaper, Al-Rai, and a share of board seats in 
another daily newspaper.
    On March 7, approximately 200 journalists staged a demonstration to 
demand that Al-Rai editor in chief Abdul Wahab Zgheilat resign due to 
his censorship of their articles, and on July 12 he resigned.
    The law states that the Prime Ministry has the authority to reject 
a broadcast license without a stated reason based on the recommendation 
of the director of the governmental Audiovisual Commission. Media 
observers noted that when covering controversial subjects, government-
owned Jordan Television, Jordan News Agency, and Radio Jordan reported 
only the government's position.
    By law any book can be published and or distributed freely; 
however, if the Press and Publications Directorate deems that passages 
are religiously offensive or ``insult'' the king, it can request a 
court order to prohibit the distribution of the book. During the year 
an estimated 20 books were banned due to language that was deemed 
religiously offensive.

    Violence and Harassment.--During the year journalists were 
subjected to harassment and intimidation due to their reporting. For 
example, after a June 13 Agence France-Presse (AFP) story reporting 
that residents of Tafileh had stoned the king's motorcade, member of 
parliament Yahy'a Sa'ud led protests demanding that AFP Amman bureau 
chief Randa Habib be referred to the State Security Court and that the 
AFP offices be closed. On June 15, a group of men attacked the AFP 
offices as police reportedly looked on. During a June 16 press 
conference, Habib stated she had also received death threats. The 
government provided her security in response.

    Censorship and Content Restrictions.--The government directly and 
indirectly censored the media. Unlike in previous years, authorities 
did not censor printing presses or edit articles deemed offensive 
before they could be printed. However, journalists claimed that the 
government used informants in newsrooms and exercised influence over 
reporting and that GID officials censored reporting. Editors reportedly 
received telephone calls from security officials instructing them how 
to cover events or to refrain from covering certain topics or events. 
Government officials also reportedly bribed journalists to influence 
their reporting. Journalists reported that the threat of detention and 
imprisonment under the penal code for a variety of offenses, along with 
stringent fines of as much as 20,000 dinars ($28,250) for defamation 
under the press and publications law, led to self-censorship. The 
government's use of ``soft containment'' of journalists, including the 
withholding of financial support, scholarships for relatives, and 
special invitations, led to significant control of media content.
    On May 19, the government reportedly prevented Roya TV from hosting 
opposition figure Laith Shbeilat on its weekly program, Pulse of the 
City. The channel's management cancelled the interview after they 
received a telephone call from a government security agency.
    The government continued to enforce bans on the publication of 
selected books for religious, moral, and political reasons.

    Libel Laws/National Security.--The government threatened to use 
libel and slander laws to suppress criticism. On September 17, Amer 
Fayez, chief of protocol for the Royal Court, sued Abdel Hadi Raji 
Majali for libel and defamation for an article criticizing Royal Court 
employees for ``putting barriers between the king and the people.'' 
Fayez later dropped the case.

    Internet Freedom.--There were government restrictions on access to 
the Internet. The government monitored electronic correspondence and 
Internet chat sites. Individuals and groups were unable to express 
their views freely via the Internet, including by e-mail. After 
implementation of the Information System Crime Law in 2010, making Web 
site owners responsible for all content on their sites, groups began 
shifting to social media to express their views and opinions and to 
organize demonstrations. During the year the Ministry of Interior 
continued to monitor Internet cafes via video cameras. The ministry 
also required cafe owners to register users' personal data, submit 
records of visited Web sites, and prevent access to ``targeted'' Web 
sites, as determined by the ministry.
    On June 1, the State Security Court issued an arrest warrant for 
Ala' Al Fazza', publisher of online news site KhabarJo, in response to 
a complaint filed by Mohammed Taleb Obediat, minister of state media 
affairs, and Nabil Sharif, former minister of media affairs and 
communications, over an article that listed them as members of the 
Facebook page demanding the crown prince be replaced. He was charged 
with ``working to unlawfully change the constitution.'' On June 2, the 
king ordered his release, and he was released on June 5.

    Academic Freedom and Cultural Events.--The government placed some 
limits on academic freedom. Some members of the academic community 
claimed there was an continuing intelligence presence in academic 
institutions, including monitoring of academic conferences and 
lectures.
    On September 27, the National Campaign for Students Rights 
(Dhabahtuna) criticized the government for forcing scholarship students 
from underprivileged areas to sign pledges not to engage in political 
activities.
    Some foreign films were edited prior to release due to sexual 
content or religiously offensive language.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, but in 
practice the government limited this right. On May 3, the government 
amended the Public Gatherings Law to remove the requirement that groups 
request permission from the governor to gather. According to the 
amended law, organizers must notify the government of a proposed 
meeting or demonstration at least 48 hours in advance so that the 
government may provide security for the event. The notification must 
include the names and addresses of the organizers and the reason for 
the meeting or demonstration. Prior to the amendment, governors could 
deny organizers permission to hold an event and were not required to 
provide a legal reason for denial, which occurred regularly. If an 
organization failed to apply for permission for an event, its members 
faced imprisonment from one to six months and a fine of as much as 
3,000 dinars ($4,200). Despite the amendment human rights activists 
reported that the government did not always respect freedom of assembly 
and sometimes used tactics such as the renovation of public spaces to 
prevent planned sit-ins.
    During the year an international NGO reported that GID agents urged 
it to cancel a regional training program about social and political 
activism for young Arab activists. The NGO stated that several regional 
participants were denied entry into the country upon arrival and the 
chosen hotel was forbidden to host the conference. The NGO had 
previously held several regional conferences in the country without 
incident.
    During the year there were several reported instances of security 
forces using excessive force with impunity or failing to protect 
demonstrators from societal violence. For example, on March 24 and 25, 
at Jamal Abdel Nasser Square in Amman, clashes erupted between 
demonstrators and counterdemonstrators at a sit-in calling for 
political reforms. The gendarmerie dispersed the protesters, leading to 
tens of injuries and reportedly one death (see section 1.a.). During 
its investigation the NCHR found that security forces failed to protect 
demonstrators from violence; however, the government did not open an 
official investigation into the events.

    Freedom of Association.--The constitution provides for the right of 
association, but the government limited this freedom in practice. The 
law gives the Ministry of Social Development the right to reject 
applications to register an organization or receive foreign funding for 
any reason, and it prohibits the use of associations for the benefit of 
any political organization. The law also gives the ministry significant 
control over the internal management of associations, including the 
ability to dissolve associations, appoint new boards of directors, send 
government representatives to any board meeting, prevent associations 
from merging their operations, and appoint an auditor to examine an 
association's finances for any reason. The law requires associations to 
inform the ministry of board meetings, submit all board decisions for 
approval, disclose members' names, and obtain Interior Ministry 
security clearances for board members. The law includes severe 
penalties, including fines up to 10,000 dinars ($14,100).
    Local and international NGOs claimed that the law severely 
restricted the work of independent organizations. During the year the 
government did not deny any organizations permission to register or 
receive foreign funding; however, NGOs reported that while the 
government did not formally reject foreign funding requests or 
proposals, it at times refused to accept such requests.

    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; however, there were some restrictions. The U.N. reported 
that the government cooperated with the Office of the U.N. High 
Commissioner for Refugees (UNHCR), the U.N. Relief and Works Agency for 
Palestine Refugees in the Near East (UNRWA), and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons, refugees, returning refugees, asylum seekers, 
stateless persons, and other persons of concern.

    Foreign Travel.--The law stipulates that women need a custodian to 
renew a passport. The GID sometimes withheld passports from citizens 
for alleged security reasons.

    Citizenship.--There were cases of government officials arbitrarily 
and without court order withdrawing citizenship from Jordanians of 
Palestinian descent.

    Protection of Refugees.--Access to Asylum.--The country's laws do 
not provide for the granting of asylum or refugee status, and the 
government lacks a formal system of providing protection to refugees. 
The government respected the UNHRC's eligibility determinations 
regarding asylum seekers, including those who entered the country 
clandestinely. A 1998 memorandum of understanding between the 
government and the UNHRC contains the definition of a refugee, confirms 
adherence to the principle of nonrefoulement, and allows recognized 
refugees a maximum stay of six months, during which period the UNHRC 
must find a durable solution. However, refugees often stayed beyond the 
time limit.

    Access to Basic Services.--Palestinian refugees from Gaza who 
entered the country following the 1967 war are excluded from services 
otherwise available to Palestinian refugees, such as access to public 
assistance, public higher education, or public medical services. 
However, they were eligible to receive UNRWA services.

    Temporary Protection.--The government generally recognized the 
UNHRC's requests to grant temporary protection for all Iraqi asylum 
seekers, including new arrivals, and recognized refugees whose cases 
had been suspended by resettlement countries. The UNHRC rejected asylum 
or resettlement cases. By year's end approximately 34,000 Iraqi 
refugees in the country had registered with the UNHRC. The government 
provided education and health care to Iraqis and tolerated the 
prolonged stay of many Iraqis beyond the expiration of the visit 
permits under which they entered the country. Few Iraqi refugees 
received work permits due to bureaucratic hurdles and a desire to avoid 
significant overstay fines they would have to pay when applying for 
such permits.

    Stateless Persons.--: Citizenship is derived only through the 
father. Children of female citizens married to noncitizen husbands 
receive the nationality of the father and lose the right to attend 
public school or seek other government services if they do not hold 
legal residency, which must be applied for every year and is not 
guaranteed. Married women do not have the legal right to transmit 
citizenship to their children. In practice this affects thousands of 
families in which the father is of Palestinian origin. According to the 
law, the cabinet may approve citizenship for such children; however, 
this rarely occurred. The public was not widely aware of this 
mechanism. Women may not petition for citizenship for noncitizen 
husbands, who may apply for citizenship only after fulfilling a 
requirement of 15 years' continuous residency. Once a husband has 
obtained citizenship, he may apply to transmit citizenship to his 
children. However, in practice such an application may take years, and 
the government may deny the application.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens the right to change their monarch 
or government. The king appoints and dismisses the prime minister, 
cabinet, and the House of Notables, dissolves parliament, and directs 
major public policy initiatives. Citizens may participate in the 
political system through their elected representatives in the Chamber 
of Deputies. The cabinet, based on the prime minister's recommendation, 
appoints the mayors of Amman, Wadi Musa (Petra), and Aqaba, a special 
economic zone. The mayors of the other 93 municipalities are elected.

    Elections and Political Participation.--Recent Elections.--In 
November 2010 the country held parliamentary elections, which 
international observers considered ``a clear improvement over the 
nation's 2007 polls.'' However, observers recommended future reforms 
such as establishing an independent electoral management body, 
preprinting ballots to mitigate concerns over voting procedures for the 
illiterate, strengthening representation for all citizens, and 
introducing regulations to allow for systematic appeals of the election 
results. Gerrymandering districts to minimize the impact of votes by 
citizens of Palestinian origin in favor of tribal interests was a 
significant problem. The law allows voters to choose one candidate in 
their district, which in the largely tribal society meant citizens 
tended to cast their vote for members of their own tribe.
    On September 30, the government amended the constitution to 
establish an independent electoral commission.

    Political Parties.--The government licensed political parties and 
other associations but prohibited membership in unlicensed political 
parties. The High Court of Justice may dissolve a party if it concludes 
that the party violated the constitution or the law. Political parties, 
NGOs, and independent candidates found the registration process both 
onerous and costly and criticized the GID's annual screening process of 
founding party members.

    Participation of Women and Minorities.--Many human rights activists 
cited cultural bias against women as an impediment to women 
participating in political life on the same scale as men. On September 
14, the government increased the quota for women in municipal council 
seats to 25 percent. The law provides a 10 percent quota for women in 
the lower house of parliament. In the November 2010 elections, voters 
elected 13 women to parliament, exceeding the quota by one. Unlike in 
the previous year, there were no female governors; however, two women 
served in the appointed 27-member cabinet.
    Citizens of Palestinian origin were underrepresented at all levels 
of government and the military. The law reserves nine seats in the 
lower house of parliament for Christians and three seats for the 
Circassian and Chechen ethnic minorities combined, constituting an 
overrepresentation for these minorities. No seats were reserved for the 
relatively small Druze population, but they were permitted to hold 
office under their government classification as Muslims. The law also 
stipulates that Muslims must hold all seats not reserved for specified 
minority religions. Christians served as cabinet ministers and 
ambassadors. The government traditionally reserves some positions in 
the upper levels of the military for Christians (4 percent); however, 
Muslims held all senior command positions.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively. 
Officials often engaged in corrupt practices with impunity. During the 
year the government investigated allegations of corruption; however, 
there were very few convictions. The use of family, business, and other 
personal connections to advance personal business interests was 
widespread. There were allegations of lack of transparency in 
government procurement, government appointments, and dispute 
settlement.
    The Anti-Corruption Commission (ACC) is the main body responsible 
for combating corruption. Despite increased investigations some local 
observers questioned the commission's effectiveness due to insufficient 
staff and the small number of investigations involving senior officials 
or large government projects. There were credible allegations that the 
ACC failed to investigate high-profile cases involving high-level 
government officials.
    There were no high-profile convictions for corruption during the 
year.
    On February 25, officials permitted business tycoon Khalid Shahin 
to leave prison to receive medical treatment abroad because of an 
obesity-related health condition that his physician claimed could not 
be treated in Amman. The State Security Court had sentenced Shahin and 
two other former officials to three years in prison for bribery related 
to the Jordan Petroleum Refinery Company in July 2010. The release 
triggered public anger after pictures were published of Shahin eating 
at a restaurant with his family in London. On August 18, Shahin was 
brought back to the country to complete his sentence.
    The law requires certain government officials to declare their 
assets privately. In the event of a complaint, the chief justice may 
review the disclosures. Under the law failure to disclose assets could 
result in a prison sentence of one week to three years or a fine of 
five to 200 dinars ($7 to $280). As of year's end, no officials had 
been punished for failing to submit a disclosure.
    The law provides for public access to government information that 
is a matter of legal record but allows requests to be denied for 
reasons of ``national security, public health, and personal freedoms.'' 
Journalists criticized the law, claiming it permits the government to 
deny requests without justification.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
in the country with some restrictions. The law gives the government the 
ability to control NGOs' internal affairs, including acceptance of 
foreign funding. NGOs were generally able to investigate and report 
publicly on human rights abuses throughout the year, although 
government officials were not always cooperative.

    Government Human Rights Bodies.--The government-funded NCHR's 
reporting was regarded as fairly objective and critical, albeit 
noncontroversial. The government seldom complied with its 
recommendations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution states that all citizens are equal under the law 
and prohibits discrimination based on race, language, and religion; 
however, discrimination on the basis of gender, disability, and social 
status is not specifically prohibited. The penal code does not address 
discrimination, thereby severely limiting judicial remedies.

    Women.--Rape and Domestic Violence.--The law stipulates a sentence 
of at least 10 years' imprisonment with hard labor for rape of a girl 
or woman age 15 years or older. Spousal rape is not illegal. The law 
does not explicitly ban domestic violence. The government did not 
enforce these laws effectively, and violence and abuse against women 
was widespread. Violence against women was reported more frequently in 
rural areas than in major cities, but women's rights activists 
speculated that many incidents in cities went unreported as violence 
against women remained a taboo issue, due to societal and familial 
pressures. There were no statistics available regarding the number of 
abusers prosecuted, convicted, or punished. Human rights activists 
stated that girls and women with disabilities were particularly at risk 
from gender-based violence.
    Women may file complaints of rape or physical abuse with certain 
NGOs or directly with judicial authorities. During the year the PSD 
Family Protection Department (FPD) treated and investigated 1,026 cases 
of rape or sexual assault against women. The FPD actively investigated 
cases; however, there were some reports of pressure on families to 
settle disputes via mediation instead of the courts. Spousal abuse is 
technically grounds for divorce, but husbands can claim religious 
authority to strike their wives. Observers noted that judges generally 
supported a woman's claim of abuse in court; however, due to societal 
and familial pressure, few women sought legal remedies.
    The FPD continued to operate a domestic violence hotline during the 
year and received inquiries and complaints via the Internet and e-mail. 
The government-run shelter, Dar al-Wafaq, assisted approximately 505 
female victims of domestic violence during the year. It provided 
reconciliation services to victims and their families and worked with 
NGOs to provide services, such as legal and medical assistance. 
However, observers noted the lack of a comprehensive approach for 
victims, as well as a need to increase the number of psychosocial 
counselors.

    Harmful Traditional Practices.--It was estimated that more than 10 
honor crimes were reported during the year. However, activists reported 
that many such crimes went unreported. The Supreme Criminal Court's 
panel of judges dedicated to cases involving honor crimes routinely 
issued sentences of up to 15 years to honor crime perpetrators. 
However, the Cassation Court, which reviews the Supreme Criminal Court 
rulings, generally decreased the sentences by half. There were several 
cases during the year in which family members dropped the charges 
against perpetrators of honor crimes, which also resulted in sentences 
being cut in half for the perpetrator, who was often a relative of the 
victim. Instances of forced marriage as an alternative to a potential 
honor killing were reported in rural areas during the year. Observers 
noted that if a woman marries her rapist, according to customary 
belief, her family members would not need to kill her to ``preserve the 
family's honor.''
    Numerous ``honor'' crime cases were reported during the year. For 
example, on February 7, a 26-year-old man stabbed his 30-year-old 
widowed sister to death in Amman after discovering that she was eight 
months' pregnant. The brother, who turned himself in to the police, 
said that he stabbed his sister to cleanse the family's honor. On April 
10, the prosecutor general pressed charges of premeditated murder. At 
year's end the case was pending.
    Through their administrative detention authority, governors 
continued to place potential victims of honor crimes in involuntary 
protective custody in the Women's Correctional and Rehabilitation 
Center in Jweideh detention facility, where some women had remained for 
more than one year. The government estimated that approximately 82 
women were placed in protective custody during the year. A number of 
women detained for more than one year were released during the year. A 
woman detained in protective custody can be released only after her 
family signs a statement guaranteeing her safety and both the local 
governor and the woman agree to the release. During the year there was 
at least one case of a woman being killed after release from protective 
custody. On June 28, a 17-year-old shot his unmarried sister in Tafileh 
after she had a miscarriage and was released by the governor from 
protective custody to her family, who pledged not to harm her. The case 
never went to court, and the boy was not prosecuted. One NGO continued 
to work for the release of these women through mediation with their 
families. The NGO also provided a temporary but unofficial shelter for 
such women as an alternative to protective custody.

    Sexual Harassment.--According to the law, sexual harassment is 
strictly prohibited. The law does not make a distinction between sexual 
assault and sexual harassment; both carry a minimum prison sentence of 
four years with hard labor. Women's groups stated that harassment was 
common, but many victims were hesitant to file a complaint and rarely 
did so because they feared blame for inciting the harassment or 
consequences such as losing their job or because they faced other 
pressure to keep silent. One NGO report stated that foreign migrant 
workers in the garment sector may be especially vulnerable to sexual 
harassment in the workplace (see section 7).

    Reproductive Rights.--Couples have the basic right to decide freely 
and responsibly the number, spacing, and timing of their children, and 
individuals were able to make such decisions free from discrimination 
and coercion. Contraceptives were generally accessible to all men and 
women, both married and single, and provided free of charge in public 
clinics. Comprehensive essential obstetric, prenatal, and postnatal 
care is provided throughout the country in the public and private 
sectors. The Higher Council for the Affairs of Persons with 
Disabilities and civil society activists reported that forced 
sterilization of women and girls with intellectual disabilities was a 
common practice. The Higher Council reported that annually 
approximately 64 hysterectomies were performed on women with 
intellectual disabilities. A hospital official confirmed that three to 
four such operations were conducted annually, often at the behest of 
the victims' families.

    Discrimination.--Women experienced discrimination in inheritance, 
divorce, ability to travel (see also section 2.d.), child custody, 
citizenship (see section 2.d., Stateless Persons), pension and social 
security benefits, in certain circumstances in the value of their 
sharia court testimony (see section 1.e., Trial Procedures) ,and in the 
workplace.
    Under sharia (Islamic law) as applied in the country, female heirs 
receive half the amount that male heirs receive. Even a sole female 
heir receives only half of her parents' estate, with the balance going 
to designated male relatives, whereas a sole male heir inherits all of 
his parents' property. Women may seek divorce only in return for 
waiving alimony or other financial rights. The law allows retention of 
financial rights under specific circumstances, such as spousal abuse. 
Special courts for each Christian denomination adjudicate marriage and 
divorce.
    The law allows fathers to prevent their children from leaving the 
country through a court order; however, this same court order is not 
available to mothers. Some mothers claimed that they were prevented 
from departing the country with their children because authorities 
enforced requests from fathers to prevent their children from leaving. 
However, authorities did not stop fathers from exiting the country with 
their children when the mother objected.
    The government provided men with more generous social security 
benefits than it gave women. The government continued pension payments 
of deceased male civil servants to their heirs, but it discontinued 
payments to heirs of deceased female civil servants. Laws and 
regulations governing health insurance for civil servants do not permit 
married women to extend their health insurance coverage to dependents 
or spouses. However, divorced and widowed women may extend coverage to 
their children.
    Women.--'s rights activists complained that the law granting women 
equal pay for equal work was not enforced. Many women said traditional 
social pressures discouraged them from pursuing professional careers, 
especially after marriage.

    Children.--Birth Registration.--Citizenship is derived only through 
the father. The government did not issue birth certificates to all 
children born in the country during the year. The government deemed 
some children--including children of unmarried women or of certain 
interfaith marriages, and converts from Islam to another religion--
illegitimate and denied them proper registration, making it difficult 
or impossible for them to attend school, access health services, or 
receive other documentation.

    Education.--Education is compulsory from ages six through 16 and 
free until age 18. However, no legislation exists to enforce the law or 
to punish guardians for violating it. Children without legal residency 
do not have the right to attend public school. Children of female 
citizens and noncitizen fathers, for example, must apply for and pay 30 
dinars ($42) for residency permits every year, and permission is not 
guaranteed. Children with disabilities experienced extreme difficulty 
in accessing constitutionally guaranteed early and primary education 
(see section 6; Persons with Disabilities).

    Child Abuse.--The law specifies punishment for abuse of children. 
For example, conviction for rape of a child younger than 15 years 
potentially carries the death penalty. However, local organizations 
working with abused children pointed to gaps in the legal system that 
regularly resulted in lenient sentencing, particularly for family 
members convicted of abuse. For example, the penal code gives judges 
the ability to reduce a sentence when the victim's family does not 
press charges. In child abuse cases, judges routinely accorded leniency 
per the wishes of the family. From January to August 31, authorities 
investigated 329 cases of child sexual abuse and 87 cases of child 
physical abuse; these cases were all referred to the courts. A 2009 
UNICEF report stated that 71 percent of children were subjected to 
verbal abuse and 57 percent had experienced some form of physical abuse 
in school.
    According to the NCHR report, some juveniles in detention alleged 
torture and mistreatment (see section 1.c., Prison and Detention Center 
Conditions).
    The government continued to fund a child protection center that 
provided temporary shelter and medical care for abused children between 
the ages of six and 12. During the year the shelter housed 73 abused 
children. Observers noted that the shelter lacked qualified staff, 
psychosocial counselors, and a comprehensive approach to deal with 
victims of abuse.

    Child Marriage.--The minimum age for marriage is 18. However, with 
the consent of both a judge and a guardian, a child as young as 15, in 
most cases a girl, may be married. Judicial statistics indicated that 
in 2010 judges granted consent in 8,042 cases in which at least one 
person was between 15 and 18 years old.

    International Child Abduction.--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.--Anti-Semitism was present in the media. Editorial 
cartoons, articles, and opinion pieces sometimes negatively depicted 
Jews without government response. Aside from expatriates, there was no 
resident Jewish community in the country. The national school 
curriculum, including materials on tolerance education, did not include 
mention of the Holocaust.
    In November the daily newspaper Al-Arab Al-Yawm published a column 
in which the writer blamed the Jews for causing all the conflicts in 
the world.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The law generally provides equal rights 
to persons with disabilities, but such legal protections were not 
upheld in practice. Activists noted that the 2007 law on the rights of 
persons with disabilities still lacked implementing regulations. The 
Higher Council for the Affairs of People with Disabilities (HCAPD), a 
government body, works with ministries, the private sector, and NGOs to 
formulate and implement strategies to assist persons with disabilities. 
During the parliamentary elections in 2010, the Ministry of Interior 
issued procedures for elections to include provisions to guarantee the 
accessibility of certain polling stations and allow people with visual 
impairment to bring a personal assistant with them when they vote. 
Citizens and NGOs universally reported that persons with disabilities 
faced problems accessing education, transportation, and other services, 
particularly in rural areas.
    The HCAPD reported that educational accommodations were more 
readily available at the university level than in elementary and 
secondary schools. At all levels of education, children with certain 
types of disabilities were excluded from studying certain subjects and 
often could not access critical educational support services, such as 
sign language interpretation. General education teachers were not 
trained to work with students with various disabilities; families of 
children with disabilities reported that teachers and principals often 
refused to include children with disabilities in mainstream classrooms. 
The Ministry of Education provided accessible transportation to 
specialized centers for children with disabilities but not to 
mainstream schools. Students with intellectual disabilities fell under 
the authority of the Ministry of Social Development rather than the 
Ministry of Education.
    The Special Buildings Code Department is tasked with enforcing 
accessibility provisions and oversees retrofitting of existing 
buildings to comply with building codes. The vast majority of private 
and public office buildings continued to have limited or no access for 
persons with disabilities; municipal infrastructure such as streets, 
sidewalks, and intersections were not accessible.
    The law mandates that public and private sector establishments with 
between 25 and 50 workers employ at least one person with disabilities, 
and establishments with more than 50 workers must reserve 4 percent of 
their positions for persons with disabilities. However, the law lacked 
implementing regulations and was rarely enforced; in addition, 
employers who state that the nature of the work is not suitable for 
people with disabilities are exempt from the quota. A variety of 
activities, including opening and using bank accounts and applying for 
a job, require a medical letter certifying that the bearer is competent 
to perform the task in question. Human rights activists considered the 
letter a large barrier to participation in public life; some medical 
professionals were not aware of the full range of accommodations 
available and thus certified individuals as not able to perform certain 
tasks. During the year several individuals with visual impairment 
reported that they sought employment as teachers but were rejected on 
the basis of their disability and were directed instead to teaching 
assistant and other supporting positions for which they were 
overqualified.
    The forced sterilization of women and girls with intellectual 
disabilities was a common practice during the year (see Women).
    Human rights activists and the media reported that children and 
adults with disabilities were vulnerable to physical and sexual abuse 
while in institutions, rehabilitation centers, or other care settings, 
including their family homes (see section 1.c.).

    National/Racial/Ethnic Minorities.--There were three groups of 
Palestinians residing in the country, many of whom faced some 
discrimination. Those who migrated to the country and the Jordan-
controlled West Bank after the 1948 Arab-Israeli war received full 
citizenship, as did those who migrated to the country after the 1967 
war and hold no residency entitlement in the West Bank. Palestinians 
still residing in the West Bank after 1967 were no longer eligible to 
claim full citizenship but were allowed to obtain temporary travel 
documents without national identification numbers provided they did not 
also carry a Palestinian Authority travel document. These individuals 
had access to some government services but paid noncitizen rates at 
hospitals, educational institutions, and training centers. Refugees who 
fled Gaza after 1967 were not entitled to citizenship and were issued 
temporary travel documents without national numbers. These persons had 
no access to government services and were almost completely dependent 
on UNRWA services.
    Several human rights organizations stated that the Ministry of 
Interior revoked national numbers of some longtime citizens of 
Palestinian origin during the year, despite codified passport issuance 
procedures (see section 2.d.).
    Palestinians were underrepresented in parliament and senior 
positions in the government and the military, as well as in admissions 
to public universities. They had limited access to university 
scholarships.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Homosexuality is not illegal 
in Jordan; however, societal discrimination against LGBT persons 
existed. A number of citizens reported sporadic police mistreatment of 
suspected LGBT persons. Some members of the LGBT community reported a 
reluctance to engage the legal system for fear that their sexuality 
would become an issue. There were reports of individuals who left the 
country due to fear their families would punish them for their sexual 
orientation.

    Other Societal Violence or Discrimination.--HIV/AIDS was a largely 
taboo subject. Lack of public awareness remained a problem; many 
citizens believed the disease exclusively affected foreigners and 
members of the LGBT community. HIV-positive individuals were socially 
stigmatized. The government continued its efforts to inform the public 
about the disease and eliminate negative attitudes about persons with 
HIV/AIDS; however, it also continued to test all foreigners annually 
for HIV/AIDS, hepatitis B, syphilis, malaria, and tuberculosis, and it 
deported those who tested HIV-positive.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides citizens working in the private sector, in some 
government-owned companies, and in certain public sector professions 
the right to form and join unions. The law defines 17 industries and 
professions in which unions may be established, and establishment of 
new unions requires approval from the Ministry of Labor. The law 
requires all unions to belong to the government-subsidized General 
Federation of Jordanian Trade Unions (GFJTU), the country's sole trade 
union federation. Although foreign workers have been allowed to join 
unions since 2010, they are not permitted to create unions, head a 
union, or hold union office. There is no right to collective 
bargaining. The labor code provides for collective agreements, but 
observers stated that the relevant legal procedures are cumbersome. 
There are limits on the right to strike, including a minimum 14 days' 
notice to the employer. Strikes are prohibited if a labor dispute is 
under mediation or arbitration. The constitution prohibits antiunion 
discrimination.
    On September 6, after decades of campaigns by public school 
teachers, the government announced a new law to establish a teachers' 
professional association; however, the law makes membership in the new 
association mandatory. The law reversed a 1994 decision by the Higher 
Council for the Interpretation of the Constitution that restricted 
civil servants from organizing.
    Government influence in union policies and activities continued. 
The government subsidized and audited the GFJTU's salaries and 
activities and monitored union elections. The minister of labor may 
seek judicial dissolution of a labor union that fails to conform to the 
law.
    On August 13, a group of labor activists announced the formation of 
a new union federation outside of the GFJTU structure, in contravention 
of the labor law. On November 25, the minister of labor asserted that 
any union that organizes in a workplace already falling under the 
jurisdiction of one of the 17 trade unions would be illegal; however, 
no further action was taken against the nascent independent union 
federation or its members by the end of the year.
    In practice strikes generally occurred without advance notice, and 
the union or workers requested penalty waivers for the illegal strike 
as part of subsequent labor negotiations.
    Foreign workers in the garment sector, whose residency permits are 
tied to work contracts, were vulnerable to retaliation for 
participating in strikes and sit-ins. The Ministry of Labor sometimes 
prevented management from arbitrarily dismissing foreign workers 
engaged in labor or other activism, but its engagement was 
inconsistent. Observers reported it was common practice for management 
to refuse to renew foreign workers' contracts on the basis of 
``troublemaking'' or attempting to organize in the workplace. Labor 
organizations reported management officials in the garment sector 
halted the provision of meals and utilities to worker dormitories 
during the year to break up several strikes deemed illegal due to lack 
of prior notice. Labor organizations reported that management 
representatives used threats and physical violence to intimidate 
striking workers; labor organizations and industry representatives 
reported that workers also sometimes used threats and physical violence 
to retaliate against management officials or to coerce colleagues into 
participating in labor actions. The law allows employers to consider 
employment contracts for foreign workers void if a worker is absent 
more than 10 consecutive days, as long as the employer provides written 
notice; during the year dozens of workers were reportedly deported 
under this provision in the wake of strikes. Governors have broad 
authority to deport foreign nationals accused of posing a security 
threat; one strike leader was deported under charges including theft 
and illegally trading in alcohol, by an order of the governor, signed 
by the minister of interior.
    The Ministry of Labor received no complaints of antiunion 
discrimination during the year; however, some nonunionized workers 
alleged retaliation from employers. This was particularly the case for 
foreign workers in all sectors as well as citizens working in the 
public sector on short-term contracts (day laborers). The Ministry of 
Labor did not have a policy of investigating the nonrenewal of short-
term contracts on the basis of antiunion animus.

    b. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, except in a state of emergency 
such as war or natural disaster. However, there were reports of forced 
labor, particularly among domestic workers. The labor code does not 
effectively protect domestic workers, and labor inspectors did not 
regularly investigate reports of labor or other abuses of domestic 
workers in private homes. The labor inspectorate reported that the 
domestic worker unit entered and inspected seven private residences 
during the year.
    Some migrants working as domestic servants in the country were 
subjected to conditions of forced labor, including withholding of 
passports, restrictions on movement, nonpayment of wages, threats, 
excessively long work hours, and physical or sexual abuse.
    Workers encountered conditions indicative of forced labor in some 
garment sector factories, including late or nonpayment of wages, 
restrictions on freedom of movement, and excessive overtime. The 
government actively inspected factories and investigated allegations of 
forced labor in garment factories, and reports of withholding of 
passports continued to decline during the year. The Ministry of Labor 
recommended to the labor courts the imposition of fines on violators 
when appropriate. The labor inspectorate stated that inspectors visited 
51,661 workplaces during the year, including 161 night visits to 
factories in the Qualified Industrial Zones (QIZs). Inspectors issued 
2,708 warnings and 14,523 citations for violations.
    The government did not regularly and systematically screen third-
country migrant workers sheltering at their embassies or third country 
nationals arrested by the police to see if they were victims of 
trafficking in persons.
    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 forbids employment of children younger than 16 years of age, except 
as apprentices in nonhazardous positions. The law provides that 
employers who hire a child younger than 16 must pay a fine of as much 
as 500 dinars ($710), which is doubled for repeat offenses. The law 
bans those between the ages of 16 and 18 from working in potentially 
hazardous jobs, limits working hours for such children to six hours per 
day, mandates one-hour breaks for every four consecutive working hours, 
and prohibits these children from working after 8 p.m. on national or 
religious holidays and on weekends. On July 23, the Ministry of Labor 
expanded the list of potentially hazardous jobs to include work 
involving explosive or flammable materials; mining; work that requires 
special protective gear; work involving sharp machines, screws, or 
electric belts; and work involving exposure to traffic or other moving 
vehicles, carpentry, mechanical work, welding, and blacksmithing. Also 
included are service jobs involving work with the elderly, addicts, or 
people with mental illnesses.
    In practice children worked in mechanical repair, agriculture, 
construction, and the hotel and restaurant industry; in the informal 
sector as street vendors, carpenters, blacksmiths, domestic workers, 
and painters; and in small family businesses. Child labor appeared 
concentrated in larger cities, such as Amman, Zarqa, and Irbid. A 2008 
Department of Statistics study estimated that more than 32,000 children 
between the ages of five and 17 were working in the country. Activists 
estimated the number to be significantly higher, as many businesses and 
families tended to hide the practice. The government lacked recent 
statistics on the problem.
    During the year the Ministry of Labor issued 682 corrective 
notices, 292 warnings, and 67 citations for violations that involved 
child laborers. The Ministry of Labor's Child Labor Unit coordinates 
government action regarding child labor and receives, investigates, and 
addresses child labor complaints. The unit, with three employees, 
coordinated child labor inspections for the 130 labor inspectors. Labor 
inspectors issued fines for child labor violations but reportedly 
attempted alternative approaches first, such as ensuring safe work 
conditions and cooperating with employers to permit working children to 
attend school concurrently.
    In 2009 the government reinstated the National Committee to Combat 
Child Labor and initiated development of a new national strategy; 
during the year the government took steps to implement portions of this 
strategy in cooperation with several NGOs. Overall, the government's 
capacity to implement and enforce child labor laws was not sufficient 
to deter the practice.

    d. Acceptable Conditions of Work.--During the year the national 
minimum wage was 150 dinars ($212) per month, and the poverty level was 
set at 323 dinars ($455) per month for a family of six. Ministry of 
Labor inspectors enforced the minimum wage but were unable to ensure 
full compliance due to limited resources. The garment sector and 
workers in domestic jobs did not receive the 2008 minimum wage 
increase; these workers had a minimum wage of 110 dinars ($155) per 
month. This exemption was granted in part because of an understanding 
that employers often provide room and board for workers in these 
sectors. However, some garment factories continued to deduct room and 
board from workers' already below-minimum-wage salaries. Many domestic 
workers reported to local NGOs and their embassies that they received 
insufficient food, no private accommodations, and long delays in 
payment.
    The law requires overtime pay for hours worked in excess of the 48-
hour standard workweek. The law permits compulsory overtime under 
certain circumstances such as conducting an annual inventory, closing 
accounts, preparing to sell goods at discounted prices, avoiding loss 
to goods that would otherwise be exposed to damage, and receiving 
special deliveries. In such cases actual working hours may not exceed 
10 hours per day, the employee must be paid overtime, and the period 
may not last more than 30 days. There is no cap on the amount of 
consensual overtime. Thus the Ministry of Labor permitted employees in 
some industries, such as the garment sector, to work excessive 
workweeks, reportedly as much as 80-100 hours per week. Employees can 
lodge a complaint directly with the Ministry of Labor or through 
organizations such as their union or the NCHR. Employees are entitled 
to one day off per week. Provisions for domestic workers were similar.
    The law specifies a number of health and safety requirements that 
the Ministry of Labor is authorized to enforce; however, workers do not 
have a statutory right to remove themselves from hazardous conditions 
without risking the loss of their jobs and may be fired if they attempt 
to do so. Foreign workers, who make up the vast majority of workers in 
the QIZ garment factories and Export Processing Zones, were more 
susceptible to dangerous or unfair conditions, including mandatory 
overtime, delayed payment of wages, deductions for room and board, and 
unacceptable dormitory conditions.
    The government continued to work with Better Work Jordan to improve 
labor standards in the garment sector. In June the government issued a 
public list of garment factories required to join the International 
Labor Organization project Better Work Jordan. Listed factories that 
did not join by the end of the year were to face fines. At the end of 
the year, Better Work Jordan included 50 of the 54 factories required 
by law to join the program.
    Some workers in the agricultural sector, the vast majority of whom 
were Egyptian, were subject to exploitative conditions. According to a 
domestic NGO, it was common for agricultural workers to be paid less 
than the minimum wage, work excessive hours without adequate 
compensation, and live in substandard housing. Some employers in the 
agricultural sector also reportedly confiscated passports.
    Domestic workers can file in-person complaints with the Ministry of 
Labor's Domestic Workers Directorate or the PSD; however, many domestic 
workers complained there was no follow-up on their cases either from 
the Ministry of Labor or the PSD. Domestic workers can also file 
complaints via a Ministry of Labor hotline; users of the hotline 
reported that live operators are available only during government 
business hours, or seven hours a day during the workweek. After-hours 
calls require the user to leave a message and a callback number, which 
poses particular difficulties for domestic workers without access to 
any phones but their employers'. Advocates for migrant domestic workers 
reported domestic workers who sought government assistance or made 
allegations against their employers frequently faced counterclaims of 
criminal behavior from their employers. Employers could file criminal 
complaints or flight notifications with police stations; even when 
domestic workers benefited from initiatives such as the general amnesty 
that waived immigration overstay fines, they could be prevented from 
leaving the country due to such outstanding alerts with the police.
    During the year hundreds of domestic workers from the Philippines, 
Indonesia, and Sri Lanka were sheltered at their respective embassies 
in Amman. Most had reportedly fled some form of forced labor or abuse, 
including unpaid wages and, to a lesser extent, sexual or physical 
abuse. By law employers are responsible for renewing residency permits 
but often failed to do this for domestic employees. As a result most of 
the embassy-sheltered domestic workers were considered illegal 
residents, and many were stranded because they were unable to pay the 
daily overstay fees of 1.5 dinars ($2) to depart the country. Due to 
the large number of domestic workers sheltered at these embassies, the 
government convened an ad hoc committee to review the workers' cases; 
this resulted in overstay fines being waived on a case-by-case basis. 
Out-of-status foreign workers were included in the General Amnesty Law, 
and workers who took advantage of the law had their overstay fines 
waived; however, although some of these workers either rectified their 
situations or departed the country, new cases of out-of-status workers 
increased at a steady pace. Although the General Amnesty Law waived 
overstay fines, observers reported that fees for working without a work 
permit were not included in the waiver and prevented some workers from 
returning to their home countries.
    The Philippines, Indonesia, and for part of the year Sri Lanka 
prohibited the emigration of migrant workers for domestic work because 
of these problems. However, the prohibition did not reduce the flow of 
migrant workers. Some human rights organizations argued the bans 
heightened the vulnerability of foreign domestic workers by shutting 
scrupulous recruitment agencies out of the market. During the year the 
government and recruitment agencies took the position that the bans did 
not have relevance under the law; recruitment and the issuance of visas 
and work permits for Filipina, Indonesian, and Sri Lankan workers 
continued.

                               __________

                                 KUWAIT

                           EXECUTIVE SUMMARY
    Kuwait is a constitutional, hereditary emirate ruled by the Al 
Sabah family. The country has a population of 3.44 million, of whom 1.1 
million are citizens. The May 2009 parliamentary elections were 
considered generally free and fair. Security forces reported to 
civilian authorities.
    Principal human rights problems included limitations on citizens' 
right to change their government; trafficking in persons within the 
expatriate worker population, especially in the domestic and unskilled 
service sectors; and limitations on workers' rights. Authorities 
restricted freedom of speech and assembly, especially among foreign 
workers and stateless Arabs (called ``Bidoon").
    Other human rights problems included reports of security forces 
abusing prisoners; restrictions on freedom of movement for certain 
groups, including foreign workers and Bidoon; and limitations on 
freedoms of press, association, and religion at times during the year. 
Bidoon faced social and legal discrimination, and women did not enjoy 
equal rights.
    The government took steps to prosecute and punish officials who 
committed abuses, whether in the security services or elsewhere in the 
government. Impunity was sometimes a problem in corruption cases.
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 torture and other cruel, inhuman, or 
degrading treatment or punishment; however, there were reports that 
some police and members of the security forces abused detainees during 
the year. Police and security forces were more likely to inflict such 
abuse on noncitizens, particularly non-Gulf Arabs and Asians. Security 
forces reportedly detained, harassed, and sexually abused transgender 
persons.
    On January 11, Mohammed al-Maimouni al-Mutairi, a citizen arrested 
on charges of alcohol possession, died in police custody after security 
officials allegedly tortured and beat him. The government conducted 
multiple investigations and brought criminal charges against 20 
officials in connection with his death. This incident contributed to 
Interior Minister Shaykh Jaber Khaled Al-Sabah's decision to tender his 
resignation later in January, according to press reports. The trial 
continued at year's end.
    In March a Bangladeshi expatriate worker died in the Kabad police 
station after allegedly being tortured by three citizens and security 
officers. The expatriate was being held on suspicion of theft and 
arson. The case was referred to the public prosecutor. No further 
information was available at year's end.
    The government stated that it investigated all such allegations of 
abuse and punished some of the offenders; however, in most cases the 
government did not make public either the findings of its 
investigations or any punishments it imposed.

    Prison and Detention Center Conditions.--Some detention facilities 
lacked adequate sanitation and sufficient medical staff. Prisoners had 
access to potable water. There were reports of security forces abusing 
prisoners. In September a member of parliament alleged that security 
forces at the deportation center in Talha had abused prisoners. The 
center was severely overcrowded for much of the year and had poor 
sanitation.
    The Central Prison Complex houses the country's three prisons: a 
low-security men's prison, a high-security men's prison, and a women's 
prison. There were approximately 200 inmates in the women's prison and 
4,100 inmates in the men's prisons. Inmates reportedly lived in 
overcrowded conditions. Prison conditions for women were not worse than 
those for men. The Talha deportation center had a capacity of 1,000; 
official overall prison capacity was unknown.
    Prisoners had reasonable access to personal visitors and were 
permitted religious observance. Ombudsmen may not serve on behalf of 
prisoners. Authorities permitted prisoners and detainees to submit 
complaints to judicial authorities without censorship and request 
investigation of credible allegations of inhumane conditions.
    The Ministry of Interior permitted independent monitoring of prison 
conditions by international and local human rights groups, the media, 
and the International Committee of the Red Cross (ICRC), in accordance 
with ICRC's standard processes. The ICRC visited all three prisons and 
the detention center during the year. The government allowed 
representatives of the leading human rights nongovernmental 
organization (NGO) Kuwait Human Rights Society (KHRS) to visit prisons 
and prisoners during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, there were reports that police 
arbitrarily arrested individuals during the year.

    Role of the Police and Security Apparatus.--The police have sole 
responsibility for the enforcement of laws not related to national 
security, and State Security oversees intelligence and national 
security matters; both are under the purview of civilian Interior 
Ministry authorities. The military is responsible for external 
security.
    The police were generally effective in carrying out core 
responsibilities. There were reports that some police stations did not 
take seriously the requests of complainants, especially foreign 
nationals. In cases of alleged police abuse, the district chief 
investigator examines abuse allegations and refers cases to the courts 
for trial; there was some evidence of police impunity.
    Security forces sometimes failed to respond effectively to societal 
violence against family members or domestic workers.

    Arrest Procedures and Treatment While in Detention.--A police 
officer generally must obtain an arrest warrant from a state prosecutor 
or a judge before making an arrest, except in cases of hot pursuit. 
There were a few reports of police arresting and detaining foreign 
nationals without a warrant during the year. The courts usually do not 
accept cases without warrants issued prior to arrests. Detainees were 
generally informed promptly of the charges against them and allowed 
access to their lawyers and family members. However, in compliance with 
the penal code, a suspected criminal may be held at a police station 
without charge for as long as four days, during which time authorities 
may prevent lawyers and family members from visiting. During this time 
lawyers are permitted to attend legal proceedings but are not allowed 
to have direct contact with their clients. The law provides the 
detained person the right to a prompt judicial determination about the 
detention's legality; however, this right was not always respected. If 
charges are filed, a prosecutor may remand a suspect to detention for 
an additional 21 days. Prosecutors also may obtain court orders for 
further detention pending trial. There is a functioning bail system for 
defendants awaiting trial. The bar association provides lawyers for 
indigent defendants; in these cases defendants do not have the option 
of choosing which lawyer will be assigned to them.

    Arbitrary Arrest.--The law prohibits arbitrary arrest and 
detention, and the government observed these prohibitions, apart from a 
few reports that police arbitrarily arrested nonnationals.

    Pretrial Detention.--Arbitrarily lengthy detention before trial was 
a problem, and approximately 10 percent of the prison population 
consisted of pretrial detainees. Some detainees were held beyond the 
maximum detention period. Excessive detention in the deportation center 
was also a problem, particularly when the detainee owed money to a 
citizen.

    Amnesty.--While there were no known amnesties during the year, on 
March 24, the Ministry of the Interior released 433 inmates from the 
Central Prison after the emir pardoned them. The pardon also commuted 
sentences for an additional 460 prisoners and abolished the deportation 
penalty for 170 non-Kuwaitis.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary and the right to a fair trial and states that 
``judges shall not be subject to any authority"; however, the emir 
appoints all judges, and the renewal of judicial appointments is 
subject to government approval. Judges who are citizens have lifetime 
appointments; however, many judges are noncitizens who hold one- to 
three-year renewable contracts. The Ministry of Justice may remove 
judges for cause but rarely does so. Foreign residents involved in 
legal disputes with citizens frequently claimed the courts showed bias 
in favor of citizens.

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

    Political Prisoners and Detainees.--In February, March, and 
December security forces broke up several illegal gatherings of Bidoon 
protestors. The government charged some individuals with unauthorized 
gatherings, and while some charges were dropped, some trials continued 
at the end of the year (see also section 2.b.).

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters regarding human 
rights violations; however, rulings occasionally were not enforced. 
Administrative punishments, such as travel bans, are also available for 
use in civil matters.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides for individual privacy and the 
sanctity of the home, and the government generally respected these 
rights in practice.
    The law forbids marriage between Muslim women and non-Muslim men 
and requires male citizens serving in the police force or military to 
obtain government approval to marry foreign nationals. In practice the 
government offered only nonbinding advice in such matters and did not 
prevent any such marriages.
    The government may deny a citizenship application by a Bidoon 
resident based on security or criminal violations committed by the 
individual's family 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 press ``in 
accordance with the conditions and in the circumstances defined by 
law.'' In practice the government sometimes did not respect these 
rights.

    Freedom of Speech.--The government restricted freedom of speech, 
particularly in instances purportedly related to national security. The 
law also specifically prohibits material insulting Islam, the emir, the 
constitution, or the neutrality of the courts or Public Prosecutor's 
Office. The law mandates jail terms for anyone who ``defames 
religion,'' and any Muslim citizen may file criminal charges against a 
person the citizen believes has defamed Islam, the ruling family, or 
public morals.
    Several individuals were charged with insulting the emir during the 
year. On February 10, Kuwait University law professor Obeid al-Wasmi 
was released pending trial after being arrested in December 2010 and 
charged with spreading false news abroad, taking part in a public 
gathering with criminal intent, exhorting the security forces to defy 
lawful orders, and infringing on the emir's authority. His case was 
pending at year's end.
    On January 24, the Court of Cassation vacated on technical grounds 
the June 2010 conviction of former National Democratic Alliance head 
Khaled al-Fadhala for slandering the prime minister at a 2009 rally. 
The case was referred back to the lower court, but on February 10, the 
prime minister dropped the suit.

    Freedom of Press.--All print media were privately owned, although 
their independence was limited. They exhibited a diversity of opinion 
but self-censored to avoid criminal charges or fines, or to keep their 
licenses. Restrictions on freedom of speech also applied to the press. 
The law allows for large fines and up to 10 years in prison for persons 
who use any means (including media) to subvert the emiri system of 
government. The Ministry of Commerce may ban any media organization at 
the request of the Ministry of Information. By law newspaper publishers 
must obtain an operating license from the Ministry of Information.
    Broadcast media are a mix of government and privately owned 
stations, subject to the same laws as print media.
    In December 2010 authorities shut the local offices of the Al 
Jazeera television network and withdrew its accreditation after it 
broadcast footage of police using force to break up an unauthorized 
gathering of oppositionists and subsequently gave airtime to opposition 
parliamentarians who strongly criticized the government for the police 
actions. On December 23, the Ministry of Information announced that Al 
Jazeera's offices would reopen as soon as the administrative process 
was complete, but they remained closed at year's end.
    Before the annual international book fair held in October, the 
Ministry of Information added more books to the thousands of titles 
already banned for being ``contrary to the fair and state policies.''

    Censorship or Content Restrictions.--The Ministry of Information 
censored all books, commercial films, periodicals, videotapes, CDs, 
DVDs, and other imported material deemed illegal per the guidelines 
listed above. However, satellite dishes were widely available and 
allowed some citizens to receive unfiltered media. Most English-
language educational materials that deal with the Holocaust or refer to 
Israel are censored to remove such references; these restrictions do 
not apply to the media, however.

    Libel Laws/National Security.--Throughout the year the government 
restricted media freedom based on libel laws or national security 
grounds.
    On March 27, the Court of First Instance convicted political 
activist and owner of al-Sour satellite channel Muhammad al-Juwaihel of 
slandering parliamentarians Musallam al-Barrak and Sa'doun al-Otaibi 
during a 2009 live television broadcast and sentenced him to one year 
in prison. However, on April 11, the government released al-Juwaihel 
after the court suspended the sentence contingent upon continued good 
behavior and fined him 200 dinars (approximately $720).
    The law forbids publication or transmission of any information 
deemed subversive to the constitutional system on national security 
grounds. Although the government continued to enforce a May 2010 ban on 
publishing details of an investigation into an alleged Iranian spy 
network, media outlets continued to report on the subsequent conviction 
and sentencing of some defendants.
    In March the Ministry of Information announced it was filing 
charges against Shiite newspaper Al-Dar for referring to the Saudi-led 
military intervention in Bahrain as an ``invasion.'' No further 
information on this case was available at year's end.

    Internet Freedom.--The government monitored Internet 
communications, such as blogs and discussion groups, for defamation and 
security reasons. The Ministry of Communications continued to block Web 
sites considered to ``incite terrorism and instability'' and required 
Internet service providers to block Web sites that ``violate [the 
country's] customs and traditions,'' in addition to political sites 
that the government found offensive. The government prosecuted and 
punished individuals for the expression of political or religious views 
via the Internet, including by e-mail, based on existing laws related 
to libel and/or national security. There were reports that the 
government attempted to collect the personally identifiable information 
of a person in connection with that person's peaceful expression of 
political, religious, or ideological opinion or beliefs. Internet cafe 
owners were obligated to obtain the names and civil identification 
numbers of customers and to submit the information to the Ministry of 
Communication upon request.
    On June 7, authorities arrested Nasser Abul after he posted alleged 
insults on Twitter against the Sunni community, as well as Bahraini and 
Saudi royal families. On September 27, the Court of First Instance 
convicted Abul for defaming religion and sentenced him to three months 
in prison; however, he was released immediately for time served prior 
to his trial. The court cleared Abul of other charges, including 
slander, endangering the state, and harming political relations with 
other Gulf countries.

    Academic Freedom and Cultural Events.--The law provides for freedom 
of opinion and of research; however, academic freedom was limited by 
self-censorship, and the law prohibits academics from criticizing the 
emir or Islam.
    The Ministry of Interior reserved the right to approve or reject 
annual public events and rejected those it considered politically or 
morally inappropriate.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
in practice the government restricted this right.
    Political oppositionists organized dozens of protests and rallies 
throughout the year. In practice security officials generally allowed 
peaceful protests to go forward without permits. Citing public safety 
and traffic concerns, officials sometimes restricted the location of 
planned protests to designated public spaces.
    In February, March, and December security forces broke up several 
illegal gatherings of Bidoon protesters. In most cases the protests 
were allowed to proceed for some time before demonstrators were 
instructed to disperse. After some protesters refused to leave, and in 
some cases where others allegedly attacked members of the security 
forces, the security forces used nonlethal means to disperse the crowd 
and arrested some protestors. Some domestic and international NGOs 
alleged that the use of force was excessive.

    Freedom of Association.--The constitution provides for freedom of 
association; however, in practice the government restricted this right. 
The law prohibits officially licensed groups from engaging in political 
activities.
    The government uses its power to license associations as a means of 
political control. There were 73 officially licensed NGOs in the 
country, including a bar association, professional groups, and 
scientific bodies. The Ministry of Social Affairs and Labor did not 
license any new NGOs during the year. There remained 149 NGOs pending 
licensing by the ministry; many had been waiting years for approval. 
Dozens of unlicensed civic groups, clubs, and unofficial NGOs in the 
country had no legal status. The ministry rejected some license 
requests on the grounds that established NGOs already provided services 
similar to those the petitioners proposed. The ministry can also reject 
an NGO's application if it deems that the NGO does not provide a public 
service. Members of licensed NGOs must obtain permission from the 
ministry to attend international conferences as official 
representatives of their organization.

    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 generally provides 
for freedom of movement within the country; however, numerous laws 
constrain foreign travel, and the government placed some limits on 
freedom of movement in practice. The government was generally 
uncooperative with most efforts by the Office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
to provide implementation of protection and assistance to refugees, 
returning refugees, asylum seekers, stateless persons, and other 
persons of concern.

    Foreign Travel.--Women and stateless persons (Bidoon) faced 
problems with or restrictions on foreign travel. Women have the right 
to obtain a passport and travel without a male family member's 
permission. However, a husband may still request that immigration 
authorities prevent his wife's departure from the country for up to 24 
hours, after which a court order may extend the travel ban. The 
government restricted the ability of some Bidoon to travel abroad 
through the nonissuance of travel documents. It permitted some Bidoon 
to travel to Saudi Arabia for the annual hajj and continued to issue 
``Article 17'' passports (temporary travel documents that do not confer 
nationality) for Bidoon.
    The law also permits travel bans on citizens or foreigners accused 
or suspected of violating the law, including nonpayment of debts, and 
it allows other citizens to petition authorities to do so. This 
resulted in delays and difficulties for citizens and foreigners leaving 
the country.

    Exile.--The law prohibits the deportation or forced exile of 
citizens, although the government can revoke citizenship of naturalized 
citizens for various causes, including felony conviction, and 
subsequently deport individuals.

    Citizenship.--The government cannot revoke the citizenship of an 
individual who is born a citizen, unless that individual has obtained a 
second nationality, which is against the law; however, it can revoke 
the citizenship of naturalized citizens. During the year the government 
revoked the citizenship of some dual nationals and their children.

    Protection of Refugees.--Access to Asylum.--The country's laws do 
not provide for granting asylum or refugee status. There is no system 
for providing protection to refugees, and the government did not grant 
refugee status or asylum during the year. According to the UNHRC, there 
were approximately 1,100 registered asylum seekers and 322 recognized 
refugees in the country during the year. The country's immigration 
regulations prohibit local integration for asylum seekers. In practice, 
however, the government provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened on account of their race, religion, nationality, membership 
in a particular social group, or political opinion. The constitution 
prohibits the extradition of political refugees.

    Stateless Persons.--According to the law, citizenship is derived 
entirely from the father; children born to citizen mothers and 
nonnational fathers do not inherit citizenship unless the mother is 
divorced or widowed from the nonnational father. The law further fails 
to provide nonnationals, including Bidoon, a clear or defined 
opportunity to gain nationality. Female citizens may sponsor their 
nonnational children (regardless of their age) and husbands for 
residency permits and may petition for their children to be 
naturalized, should they become divorced or widowed from a noncitizen 
husband.
    Although the exact number of Bidoon residents was unknown, the 
Supreme Council for Higher Planning reported in November 2010 that 
there were 106,000 Bidoon in the country. The government continued to 
discriminate against Bidoon in some areas. On March 10, the Council of 
Ministers issued a decree approving the provision of some government 
services and subsidies, including education, employment, medical care, 
and the issuing of civil documents, such as birth and death 
certificates, to Bidoon. In practice, however, some Bidoon and 
international NGOs claimed that the decree had not been uniformly 
implemented. The government accepted Bidoon in some government 
positions, and some Bidoon worked in the armed forces or police; 
although there are no legal strictures that prevent their service in 
the enlisted ranks, the Bidoon have effectively been barred from 
enlisting in either force since 1985.
    While the government granted citizenship to several hundred Bidoon 
during the year, more than 80,000 Bidoon citizenship requests were 
pending at year's end. Many Bidoon were unable to provide documentation 
proving sufficient ties to the country or to present evidence of their 
original nationality. However, the government maintained that the vast 
majority of Bidoon were concealing their true identities and were not 
actually stateless.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens had only a limited, indirect impact on control of the 
executive branch, as the constitution stipulates that the country is a 
hereditary emirate. The 50 elected National Assembly members (along 
with government-appointed ministers) must by majority vote approve the 
emir's choice of crown prince (the future emir). The crown prince must 
be a descendant of Shaykh Mubarak Al-Sabah and meet three additional 
requirements: that he has attained the age of majority, is of sound 
mind, and is a legitimate son of Muslim parents. The National Assembly 
may remove the emir from power with a two-thirds majority vote if it 
finds that any of these three conditions is no longer accurate. The law 
provides citizens with the right to change their representatives in the 
legislative branch of government, and citizens exercised this right in 
practice through elections.

    Elections and Political Participation.--Recent Elections.--The 2009 
parliamentary election, held two months after the emir dissolved the 
National Assembly, was generally considered free and fair. It was the 
third election in three years, due to the emir's previous 
constitutional dissolutions of parliament in 2006 and 2008.

    Political Parties.--The government did not recognize any political 
parties or allow their formation, although no formal law bans political 
parties. Well-organized, unofficial blocs operated as political 
groupings, and members of parliament formed loose alliances. Some 
tribes held illegal primaries to maximize their members' chances for 
election to the National Assembly. Assembly candidates must nominate 
themselves as individuals.

    Participation of Women and Minorities.--Tribal leaders excluded 
women from the tribal primaries. Four women served as elected 
parliamentarians in the 50-member National Assembly.
    There are no laws or cultural practices preventing minorities from 
participating in political life. Members of the minority Shia community 
held nine of 50 seats in the National Assembly.
Section 4. Official Corruption and Government Transparency
    The law mandates criminal penalties for official corruption; 
however, the government did not implement the law effectively, and on 
occasion officials were believed to have engaged in corrupt practices 
with impunity. The Audit Bureau is the government agency responsible 
for combating government corruption. Although the bureau and a 
government-formed committee reported various allegations of corruption 
and irregularities during the year, there were no public high-profile 
corruption cases before the courts. The parliament also frequently 
announced inquiries into suspected misuses of public funds, but none 
resulted in prosecution during the year. Opinion polls conducted in 
2010 indicated a decline in the public's faith in the government's 
ability to control corruption.
    In September media outlets reported allegations of 
``irregularities'' including suspicious deposits of millions of dollars 
into the personal bank accounts of several members of parliament. At 
year's end the public prosecutor was investigating at least 15 
parliamentarians in conjunction with the case.
    There were many reports about individuals having to pay 
intermediaries in order to receive routine government services. 
Additionally, police corruption was a problem, especially when one 
party to a dispute had a personal relationship with a police official 
involved in a case. Widespread reports indicated that police showed 
favoritism towards citizens versus noncitizens.
    Public officials were not subject to financial disclosure laws.
    The law provides for public access to unclassified government 
information by citizens and noncitizens alike. The government enforced 
the law.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government restricted the operations of domestic and 
international human rights groups and limited cooperation with them. 
The law permits the existence of NGOs; however, the government 
continued to deny licenses to some NGOs. NGOs may not engage in 
political activity and are prohibited from encouraging sectarianism. 
They must also demonstrate that their existence is in the public 
interest. The only local independent NGOs dedicated specifically to 
human rights were the KHRS and the Kuwaiti Society for Fundamental 
Human Rights. Local licensed NGOs devoted to the rights or welfare of 
specific groups, such as women, children, foreign workers, prisoners, 
and persons with disabilities, were permitted to operate without 
government interference. A few dozen local unlicensed human rights 
groups operated without government restriction during the year. The 
government and various National Assembly committees met regularly with 
local NGOs and responded to their inquiries.
    The government permitted international human rights organizations 
to visit the country. In June and December Human Rights Watch officials 
visited and conducted interviews, including with government officials, 
principally concerning the rights of the Bidoon community. Refugees 
International and the Open Society Institute also conducted study 
missions during the year.

    Government Human Rights Bodies.--The National Assembly's Human 
Rights Committee, which operates independently of the government, is an 
advisory body that primarily hears individual complaints of human 
rights abuses. Committee members also visited the Central Prison during 
the year. The committee had access to adequate resources and was 
considered effective. It did not issue reports.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, origin, disability, 
or language; discrimination based on social status is not addressed. In 
practice the government did not uniformly or consistently enforce laws 
against discrimination, and a number of laws and regulations 
discriminated against women, Bidoon, noncitizens, and domestic and 
expatriate workers.

    Women.--Rape and Domestic Violence.--Violence against women 
continued to be a problem. Rape carries a maximum penalty of death, 
which the country occasionally imposed for the crime; however, spousal 
rape is not a crime. The media reported hundreds of rape cases during 
the year. Many of the victims were noncitizen domestic workers. Police 
occasionally arrested alleged rapists, and several were tried and 
convicted during the year; however, laws against rape were not always 
enforced effectively, especially in cases of noncitizen women raped by 
their employers.
    The law does not specifically prohibit domestic violence, but such 
cases are tried as assault. A victim of domestic violence may file a 
complaint with police requesting formal charges be brought against the 
alleged abuser. Each of the country's 83 police stations reportedly 
received complaints of domestic abuse. However, most domestic abuse 
cases were not reported, especially outside the capital, likely due to 
the strong social stigma associated with publicly acknowledging such 
problems. Police officials rarely arrested perpetrators of domestic 
violence even when presented with documented evidence of the abuse, 
such as eyewitness accounts, hospital reports, and social worker 
testimony. Individuals also reportedly bribed police officials to 
ignore domestic abuse charges. Although courts found husbands guilty of 
spousal abuse in previous years, those convicted rarely faced severe 
penalties. Noncitizen women married to citizens reported domestic abuse 
and inaction or discrimination by police during the year.
    A woman may petition for divorce based on injury from abuse, but 
the law does not provide a clear legal standard as to what constitutes 
injury. In addition, a woman must provide at least two male witnesses 
(or a male witness and two female witnesses) to attest to the injury. 
There were no shelters or hotlines specifically for victims of domestic 
violence, although a temporary shelter for domestic workers housed 
victims during the year.

    Harmful Traditional Practices.--Honor crimes, according to the 
penal code, are penalized as misdemeanors. The law states that a man 
who sees his wife, daughter, mother, or sister in the ``act of 
adultery'' and immediately kills her and/or the man with whom she is 
committing adultery faces a maximum punishment of three years' 
imprisonment and a fine of 225 dinars ($800), slightly less than a 
month's earnings at the public sector minimum wage. There were no 
reported honor crimes in recent years.

    Sexual Harassment.--There is no specific law that addresses sexual 
harassment; however, the law criminalizes ``encroachment on honor,'' 
which encompasses everything from touching a woman against her will to 
rape, and police strictly enforced this law. During the year the 
government deployed female police officers specifically to combat 
sexual harassment in shopping malls and other public spaces. 
Perpetrators face fines and jail time. Human rights groups 
characterized sexual harassment against women in the workplace as a 
pervasive, yet unreported, problem.

    Reproductive Rights.--There were no reports of government 
interference in the right of couples and individuals to decide freely 
and responsibly the number, spacing, and timing of children. Decisions 
regarding access to contraceptives, family size, and procedures 
involving reproductive and fertility treatments required the consent of 
both husband and wife. The information and means to make those 
decisions, as well as skilled attendance during childbirth, were freely 
available. While the government did not provide any formal family 
planning programs, oral contraceptives were available without a 
prescription.

    Discrimination.--Women have many political rights; however, they do 
not enjoy the same rights as men under family law, property law, or in 
the judicial system, and they experienced legal, economic, and social 
discrimination. Sharia (Islamic law) courts have jurisdiction over 
personal status and family law cases for Sunni and Shia Muslims. Sharia 
discriminates against women in judicial proceedings, freedom of 
movement (see section 1. d.), marriage, and inheritance. Secular courts 
allow any person to testify and consider male and female testimony 
equally; however, in the sharia courts the testimony of a man is equal 
to that of two women.
    The law prohibits marriage between Muslim women and non-Muslim men. 
A non-Muslim woman is not required by law to convert to Islam to marry 
a Muslim male; however, in practice many non-Muslim women faced strong 
economic and societal pressure to convert. The law grants custody of 
children of non-Muslim women who fail to convert to the father in the 
event of a divorce. By law a non-Muslim woman who fails to convert is 
also ineligible for naturalization as a citizen and cannot inherit her 
husband's property without being specified as a beneficiary in his 
will.
    Inheritance is also governed by Sharia, which varies according to 
the specific school of Islamic jurisprudence followed by different 
populations in the country. In the absence of a direct male heir, a 
Shia woman may inherit all property while a Sunni woman inherits only a 
portion, with the balance divided among brothers, uncles, and male 
cousins of the deceased.
    On January 26, the National Assembly passed a series of amendments 
that gave women additional housing, work, and family benefits 
previously denied to them under existing laws. The amendments provide 
female citizens working in the public sector with an increase in family 
leave benefits, and housing subsidies enjoyed by male citizens were 
extended to widowed and divorced female citizens, female citizens 
married to noncitizens, and single female citizens above 40. The 
amendments also grant female citizens the right to sponsor their 
noncitizen spouses and children for legal residency and exempt them 
from paying annual residency permit fees. However, female citizens 
remain unable to pass citizenship to their noncitizen husbands or their 
children. Male citizens married to female noncitizens did not face such 
discrimination in law or practice.
    The law states that a woman should receive ``remuneration equal to 
that of a man provided she does the same work"; however, it prohibits 
women from working in ``dangerous industries'' and in trades 
``harmful'' to health. Educated women maintained that the conservative 
nature of society limited career opportunities, although there were 
limited improvements. Women accounted for 53 percent of the 270,000 
citizens working in the public sector, 44 percent of the 60,000 working 
in the private sector, and 72 percent of college graduates.
    The law requires that classes at all universities be segregated by 
gender. Public universities enforced this law more rigorously than 
private universities.
    A parliamentary committee for women's and family affairs exists; 
female parliamentarians made up four of its five members. The committee 
was instrumental in pushing through the amendments granting benefits to 
women. Additionally, some women attained prominent positions in 
government and business as ministers and heads of corporations. There 
were no female judges.

    Children.--Birth Registration.--Citizenship is derived entirely 
from the father; children born to citizen mothers and nonnational 
fathers do not inherit citizenship unless the mother is divorced or 
widowed from the nonnational father. The government automatically 
granted citizenship to orphaned or abandoned infants, including Bidoon 
infants. Parents were sometimes unable to obtain birth certificates for 
their Bidoon children because of additional administrative 
requirements, creating an inability to access other public services 
such as education and health care.

    Education.--By law education for citizens is free through the 
university level and compulsory through the secondary level. Education 
is neither free nor compulsory for noncitizens. On March 10, the 
Council of Ministers issued a decree extending education benefits to 
Bidoon; however, bureaucratic problems continued to hinder Bidoon 
children's access to free education.

    Child Abuse.--Although there was no societal pattern of child 
abuse, most cases went unreported due to social stigmas associated with 
the disclosure of the practice.

    Child Marriage.--The legal marriage age is 17 for men and 15 for 
women, but younger girls continued to marry earlier in some tribal 
groups. The Ministry of Justice estimated that underage marriages 
constituted 2 to 3 percent of total marriages.

    Sexual Exploitation of Children.--There is no statutory rape law or 
minimum age for consensual sexual relations; however, premarital sexual 
relations are illegal. All pornography is illegal. There are no laws 
specific to child pornography.

    International Child Abductions.--The country is not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction. For information 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 and an 
estimated few dozen Jewish foreign resident workers. Negative 
commentary regarding Jews appeared in the media. Anti-Semitic rhetoric 
often originated from self-proclaimed Islamists or conservative opinion 
writers. These columnists often conflated Israeli actions with those of 
Jews more broadly. School administrators have issued standing 
instructions to teachers to expunge English-language textbooks of any 
references to Israel or the Holocaust.

    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, and mental disabilities and 
imposes penalties on employers who refrain without reasonable cause 
from hiring persons with disabilities. The law also mandates access to 
buildings for persons with disabilities. The government generally 
enforced these provisions. There were no specific reports of 
discrimination against persons with disabilities; however, noncitizens 
with disabilities did not have access to government-operated facilities 
or receive stipends paid to citizens with disabilities that covered 
transportation, housing, job training, and social welfare.
    In June 2010 the government approved a new disability law that had 
not been implemented at year's end, reportedly because of conflicts 
with existing law. The law provides larger disability grants, reduced 
working hours, and improved housing loans for citizens and Bidoon with 
mental or physical disabilities. It requires government employers with 
workforces of 50 persons or more to recruit at least 4 percent of their 
workforce from vocationally trained persons with special needs. The law 
also allows citizens with disabilities, or those with children with 
disabilities, to receive larger than normal housing grants and earlier 
pensions. Although Bidoons are not normally entitled to receive housing 
grants, the new provisions include Bidoon with disabilities.
    Representatives from ministries, other governmental bodies, Kuwait 
University, and several NGOs constitute the government's Higher Council 
for Handicapped Affairs, which makes policy recommendations, provides 
direct financial aid to persons with disabilities, and facilitates 
their integration into schools, jobs, and other social institutions. 
The government supervised and contributed to schools and job and 
training programs oriented to persons with special needs. The National 
Assembly has a Committee for Disabled Affairs.

    National/Racial/Ethnic Minorities.--Approximately 68 percent of the 
country's residents were noncitizens, many originating from the Indian 
subcontinent and Southeast Asia. Societal discrimination against 
noncitizens was prevalent and occurred in most areas of daily life, 
including employment, education, housing, social interaction, and 
health care.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Homosexuality and cross-
dressing are illegal. The law punishes homosexual behavior between men 
older than 21 with imprisonment of up of to seven years; those engaging 
in homosexual activity with males younger than 21 may be imprisoned for 
as long as 10 years. The law imposes a fine of 1,059 dinars ($3,800) 
and imprisonment for one to three years for those imitating the 
appearance of the opposite sex in public. No laws criminalize sexual 
behavior between women. Transgender persons reported harassment, 
detainment, and abuse by security forces.
    Societal discrimination and harassment based on sexual orientation 
was common; officials practiced to a lesser extent a de facto 
discrimination reflecting societal values and laws. There was no 
government response to either. There were no official NGOs focused on 
lesbian, gay, bisexual, or transgender matters, although unofficial 
ones existed.

    Other Societal Violence or Discrimination.--Local human rights NGOs 
reported that there were no accounts of societal violence or 
discrimination against persons with HIV/AIDS; however, this may be 
because persons with HIV do not generally disclose their status due to 
social stigma against the disease.
    Unmarried men continued to face housing discrimination based solely 
on marital status. The law prohibits single men from obtaining 
accommodation in many urban residential areas.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The labor code, which does not apply to public sector employees, 
domestic workers, or maritime employees, provides workers limited 
rights to form and join trade unions. Discrete labor laws set work 
conditions in the public and private sectors, with the oil industry 
treated separately. The labor code permits limited trade union 
pluralism at the local level, but there is only one government-
authorized federation, the Kuwait Trade Union Federation (KTUF).
    The law provides workers a limited right to collective bargaining, 
again excepting domestic servants, maritime workers, and civil 
servants. There is no minimum number of workers needed to conclude such 
agreements.
    Public sector workers do not have the right to strike. Private 
sector workers have the right to strike, although cumbersome provisions 
calling for compulsory negotiation and arbitration in the case of 
disputes limit that right. The law does not prohibit retaliation 
against strikers by employers or prevent the government from 
interfering in union activities, including the right to strike. Legal 
strikes require permission from the Ministry of Interior, which was 
rarely granted.
    The law prohibits antiunion discrimination and employer 
interference with union functions. Any worker alleging antiunion 
discrimination has the right to appeal to the judiciary. By law 
employers found guilty of such discrimination must reinstate workers 
fired for union activities.
    Foreign workers, who constitute the vast majority of the work 
force, are permitted by law to join unions only as nonvoting members 
after five years of work in the particular sector the union represents, 
provided they obtain a certificate of good conduct and moral standing 
from the government. They cannot run for seats or vote in board 
elections. The law denies foreign domestic workers (approximately 
570,000 of the estimated 1.5 million noncitizen workforce) and maritime 
employees the right to associate and organize.
    The law also stipulates that any new union must include at least 
100 workers, 15 of them citizens. Both the International Labor 
Organization and the International Trade Union Confederation criticized 
the citizenship requirement for discouraging unions in sectors that 
employ few citizens, including much of private sector employment, such 
as construction.
    The law empowers the courts to dissolve any union for violating 
labor laws or for threatening ``public order and morals,'' although 
such a court decision may be appealed. By law the Ministry of Social 
Affairs and Labor can request the dissolution of a union by the Court 
of First Instance. The emir also may dissolve a union by decree.
    Although the law restricts freedom of association and collective 
bargaining rights, the government did not always enforce these limits. 
Worker organizations were generally not independent of the government, 
and the government interfered in union activities. The government 
essentially treated licensed unions as parastatal organizations, 
providing as much as 90 percent of their budgets and inspecting 
financial records. If a union ceases to exist, the government, in turn, 
confiscates its assets.
    The KTUF included 15 of the 47 licensed unions, accounting for the 
vast majority of union workers. Throughout the year some member unions 
or workers who felt the KTUF did not meet the needs of all workers left 
and joined the unlicensed National Trade Union Federation.
    From September through the end of the year, numerous public sector 
unions staged demonstrations, work stoppages, and sit-ins, demanding 
higher salaries and greater benefits. At various points government 
officials threatened striking civil servants with punishment and 
granted military and security forces the power to break strikes, a move 
sharply criticized by the KTUF. The government ultimately met most of 
the strikers' demands in full or negotiated compromise packages. The 
International Trade Union Confederation criticized the government for 
not allowing the complete free exercise of labor unions in accordance 
with International Labor Organization agreements.
    Skilled foreign workers who were members of unions with significant 
citizen membership also went on strike during the year. While public 
sector union leaders faced no government repercussions for their roles 
in the threats to strike, sit-ins, and demonstrations, companies 
threatened noncitizen workers calling for strikes with termination and 
deportation.
    The KTUF stated the government did not widely enforce the 
requirement that foreign workers have at least five years of residence 
prior to joining a union.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor ``except in cases specified by law for 
national emergency and with just remuneration.'' However, there were 
reports of such practices, usually made possible by employer misuse of 
the sponsorship system of noncitizen workers.
    Domestic servitude was the most common type of forced labor, 
principally involving foreign domestic workers employed under the 
sponsorship system, but forced labor in the construction and sanitation 
sectors also existed. Forced labor conditions for migrant workers 
included nonpayment of wages, long working hours, deprivation of food, 
threats, physical or sexual abuse, and restrictions on movement, such 
as the withholding of passports or confinement to the workplace. Female 
domestic workers were particularly vulnerable to sexual abuse and 
forced prostitution. Police and courts were reluctant to prosecute 
citizens for abuse in private residences.
    See also 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 child labor. The legal minimum age for employment is 18; 
however, employers may obtain permits from the ministry to employ 
juveniles between the ages of 15 and 18 in some nonhazardous trades. 
Juveniles may work a maximum of six hours a day with no more than four 
consecutive hours followed by a one-hour rest period.
    The government made efforts to enforce the law effectively. 
Approximately 300 labor ministry inspectors monitored private firms 
routinely for labor law compliance, including laws against child labor. 
Noncompliant employers faced fines or a forced suspension in their 
company operations. There were credible reports of child labor, 
consisting almost entirely of domestic servants of South Asian origin. 
Some underage workers entered the country on travel documents with 
falsified birth dates.

    d. Acceptable Conditions of Work.--The law set the national minimum 
private sector wage at 60 dinars ($215) per month, which does not 
provide a decent standard of living for a worker and a family. The 
government will not issue visas for dependents to accompany workers 
earning less than 250 dinars per month ($900).
    The law limits the standard workweek to 48 hours (40 hours for the 
petroleum industry), and gives private sector workers 30 days of annual 
leave. The law also forbids requiring employees to work more than 60 
hours per week or 10 hours per day. The law allows for 13 designated 
national holiday days off annually. Workers are entitled to 125 percent 
of base pay for working overtime and 150 percent of base pay for 
working on their designated weekly day off.
    Minimum wage guarantees and overtime protections do not apply to 
domestic workers.
    Workers submitted complaints to the Ministry of Labor's Labor 
Disputes Department; however, the government did not enforce the 
standards well, and domestic servants and other unskilled foreign 
workers in the private sector frequently worked in excess of 48 hours a 
week, often with no day of rest. There were also reports that employers 
forced domestic workers to work overtime without additional 
compensation.
    The government issued occupational health and safety standards; 
however, compliance and enforcement by the Labor Ministry appeared 
poor, especially with respect to unskilled foreign laborers. To 
decrease accident rates, the government periodically inspected 
enterprises to raise awareness among workers and employers and to 
ensure that they abided by safety rules, controlled pollution resulting 
from certain industries, trained workers to use machines, and reported 
violations.
    Workers have the right to remove themselves from dangerous work 
situations without jeopardizing their continued employment, and legal 
protection existed for both citizen and foreign workers who filed 
complaints about such conditions. Inspections do not, however, take 
place in private residences, the workplace of the majority of the 
country's domestic workers, and the government did not make significant 
efforts to address working conditions for these workers. There were 
frequent reports of domestic workers committing or attempting suicide 
related to desperation over abuse or poor working conditions. The 
number of such cases continued to be significant during the year.
    As in past years, the government paid limited attention to worker 
safety issues, resulting in poor training of inspectors, inadequate 
injury reports, and no link between insurance payments and accident 
reports.
    The law provides that all outdoor work stop between 11 a.m. and 4 
p.m. during the months of June, July, and August, or when the 
temperature rises to 50 degrees Celsius (122 Fahrenheit) in the shade. 
The Ministry of Labor monitored work sites to ensure compliance with 
these rules and recorded 142 violations during the year. Workers could 
report these violations to their embassies, the KTUF, or the Labor 
Disputes Department. Noncompliant employers faced fines or a forced 
suspension in their company operations.

                               __________

                                LEBANON

                           EXECUTIVE SUMMARY
    Lebanon is a parliamentary republic, with a constitutionally 
mandated Maronite Christian president, Sunni Muslim prime minister, and 
Shia Muslim speaker of the chamber of deputies. Parliamentary elections 
in 2009 were considered free and fair. Government security forces 
reported to civilian authorities, although the terrorist group 
Hizballah and Palestinian security and militia forces were outside the 
direction of government officials.
    The main human rights abuses reported during this year included 
limitations on freedom of movement for some refugees, and poor prison 
and detention conditions sometimes involving torture. Detainees faced 
substandard prison conditions, lengthy pretrial detention, and long 
delays in the court system.
    Other human rights abuses included killings related to societal 
violence; reports of disappearances and harassment of Syrian political 
activists; arbitrary arrest and detention of individuals; violation of 
citizens' privacy rights; restrictions on freedoms of speech and press, 
including intimidation of journalists; official corruption and lack of 
transparency; societal, legal, and economic discrimination against 
women; widespread domestic violence; trafficking in persons; systematic 
discrimination against Palestinian refugees and minority groups; 
restricted labor rights for and abuse of migrant domestic workers; and 
child labor.
    Although the legal structure provided for prosecution and 
punishment, government officials enjoyed a measure of de facto impunity 
for human rights violations.
    Despite the presence of Lebanese and U.N. security forces, 
Hizballah retained significant influence over parts of the country, and 
the government made no tangible progress toward disbanding and 
disarming armed militia groups, including Hizballah. Palestinian 
refugee camps continued to act as self-governed entities and maintained 
security and militia forces not under the direction of government 
officials.
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, although there were at least four deaths in custody 
during three days of riots in the prison in Roumieh in April (see 
section 1.c.). As in previous years, there were reports of incidents of 
societal violence and interreligious strife.
    On June 17, clashes between Alawite residents of Jabal Mohsen and a 
nearby Sunni district of Bab al-Tabbaneh in Tripoli left seven people 
dead and more than 10 wounded, after a gun battle erupted following a 
rally in support of Syrian protesters. This area in Tripoli continued 
to see occasional clashes between the communities during the year.
    On December 15, a fight between two individuals evolved into an 
armed clash between members from the Shia Amal Movement and the pro-
Syrian Sunni Ahbash group in Bourj Abi Haidar in Beirut, leaving three 
dead and 11 injured. The Lebanese Armed Forces (LAF) intervened to 
contain the clash.
    On July 29, the U.N.-appointed Special Tribunal for Lebanon (STL) 
indicted four individuals, Mustafa Amine Badreddine, Hussein Hassan 
Oneissi, Salim Jamil Ayyash, and Assad Hassan Sabra, all Hizballah 
operatives suspected of collaborating in the 2005 killing of former 
prime minister Rafik Hariri and 22 other individuals. The STL also 
established its jurisdiction over the killing of George Hawi and 
attacks on Elias Murr and Marwan Hamadeh, due to the similar nature and 
gravity of the attacks. Authorities notified the STL that they were 
unable to serve the accused with the indictments or arrest them.
    There were no developments in the 2008 killing of Internal Security 
Forces (ISF) intelligence officer Captain Wissam Eid and three others. 
Captain Eid's 2006 report to the U.N. commission investigating the 
Hariri assassination implicated Hizballah operatives, and Eid met with 
U.N. investigators eight days before he was killed. The STL's four 
indictments of Hezbollah operatives this year relied on evidence 
originally developed by Eid.
    There were no reports of clearly identified politically motivated 
crimes allegedly committed by opposition groups or terrorists. It 
remained difficult to distinguish such crimes from criminal acts or 
disputes, as the government did not exercise full control over all its 
territory, and investigations of suspicious killings rarely led to 
prosecutions.

    b. Disappearance.--Syrian political activists who fled to Lebanon 
faced the risk of targeting, harassment, and kidnapping by Syrian and 
Lebanese security services. For example, on February 23 and 24, agents 
from the LAF Military Intelligence Bureau detained several members of 
the Jasem family, Syrian citizens, after one of them distributed flyers 
calling for protests demanding democratic changes in Syria. Jasem Jasem 
disappeared on February 24 along with two of his brothers who had gone 
to pick him up from a police station, and their whereabouts were 
unknown at year's end. Press reports stated ISF Major General Ashraf 
Rifi suspected an officer within the ISF colluded with the Syrian 
Embassy in his kidnapping. Four other men from the Jasem family were 
released after a few hours, but were then ordered to report back to the 
military intelligence offices. On March 8, the men were detained and 
later transferred to Roumieh Prison. No further information was 
available at year's end.
    On May 24, Shibli Alayasami, one of the founders of the Arab Baath 
Socialist Party and a former vice-president of Syria, was reported 
kidnapped from Aley. Press reports quoted Interior Minister Marwan 
Charbel that investigations were ongoing; at year's end Alayasami's 
daughter told the press the family believed he was imprisoned in Syria.
    According to press reports, Syrian opposition activists said they 
had been targeted by Syrian agents in Lebanon and were forced to 
operate clandestinely for their protection.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not specifically prohibit all forms of 
torture or cruel, inhuman, or degrading treatment or punishment, and 
there were reports that government officials employed such practices. 
According to Lebanese and international human rights groups, security 
forces abused detainees, and torture was common and was often used to 
obtain confessions or encourage suspects to implicate other 
individuals.
    Human rights organizations reported torture occurred in certain 
police stations, the Ministry of Defense, in the Intelligence Branch of 
the Ministry of Interior's ISF, and in the ISF's Drug Repression Bureau 
detention facilities in Beirut and Zahle. The government continued to 
deny the use of torture, although authorities acknowledged violent 
abuse sometimes occurred during preliminary investigations at police 
stations or military installations where suspects were interrogated 
without an attorney. Such abuse occurred despite national laws that 
prohibit judges from accepting confessions extracted under duress.
    Former prisoners, detainees, and reputable local human rights 
groups reported that methods of torture and abuse included hanging by 
the wrists tied behind the back, violent beatings, blows to the soles 
of the feet, electric shocks, sexual abuse, immersion in cold water, 
extended periods of sleep deprivation, being forced to stand for 
extended periods, threats of violence against relatives, deprivation of 
clothing, withholding of food, being deprived of toilet facilities, and 
continuous blindfolding.
    For example, in June 2010 plainclothes ISF Information Branch 
officers arrested and detained Mohammad Osman Zayat. According to a 
report from Alkarama, an international human rights nongovernmental 
organization (NGO), security officials put Zayat in stress positions, 
beat him, and used electric shocks to force a confession. In December 
2010 Zayat was transferred to a military court where he and eight 
others were charged with being members of al-Qaida. Of the eight, only 
four were arrested. Before a September 28 hearing, Zayat was released 
but no compensation was paid for his detention and torture.
    De facto impunity reportedly existed for security force officials. 
The penal code prohibits using acts of violence to obtain a confession 
or information about a crime, but the judiciary rarely prosecuted or 
investigated such allegations. Local human rights organizations 
published a study in January, Torture and Arbitrary Detention: the 
Bitter Reality of Lebanon, with interviews of 20 individuals who 
claimed to have been tortured between 2007 and 2010. Generally, the 
study found that individuals were more likely to report being tortured 
during the course of an investigation than when they were arrested on 
an outstanding warrant. Individuals suspected of involvement in 
espionage or terrorism were also more likely to report torture (see 
section 1.d.). More than two-thirds had complained to the investigating 
judge that they were tortured to obtain a confession. They reported the 
judges did not take their complaints into consideration and pursued 
their investigations based on confessions alleged to have been obtained 
through torture. Several individuals reported the judges threatened 
them with reprisals if they retracted their confessions.
    On February 8, the ISF established through EU funding the Committee 
to Monitor Against the Use of Torture and Other Inhuman Practices in 
Prisons and Detention Centers. This committee aims to protect and 
rehabilitate victims of torture and is managed by the ISF and the NGO 
Association for Justice and Mercy (AJEM). It issued disciplinary 
actions against approximately 12 persons during its three-month trial 
period before its formal launch. This committee is authorized to visit 
prisons and detention centers without prior notification.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions were harsh and in some prisons, such as the central 
prison in Roumieh, life-threatening. Prisons were overcrowded in part 
due to lengthy pretrial detention. Sanitary conditions were very poor 
and worsened in Roumieh following the destruction of much of the 
infrastructure, including plumbing and central air, during a violent 
riot. According to a government official, most prisons lacked adequate 
sanitation, ventilation, and lighting, and temperatures were not 
consistently regulated; prisoners did not have consistent access to 
potable water. Many of the prisons were very damp, and some, such as 
the Zahle men's prison, did not provide beds for the inmates. Officials 
admitted they regularly received complaints regarding the lack of 
access to basic and emergency medical care, as well as the extreme 
overcrowding. Problems were exacerbated by the lack of a specialized 
department to administer regular prisons. NGOs working with prisoners 
reported three cases of prisoner-on-prisoner rape in Roumieh Prison in 
2009. According to one NGO, 27 prisoners died in 2009, primarily due to 
authorities' negligence and failure to provide appropriate medical 
care. Updated statistics were not available at year's end.
    At mid-year, there were 5,149 prisoners and detainees, including 
pretrial detainees and remand prisoners, in facilities built to hold 
3,500 inmates. The central prison in Roumieh with a capacity of 1,500 
held approximately 3,000 persons in May. Pretrial detainees were often 
held together with convicted prisoners. Men and women were held 
separately in similar conditions, and according to ISF statistics, 91 
minors and 225 women were incarcerated as of May. In many prisons, 
prisoners who completed their sentences remained in custody due to poor 
record keeping.
    In Roumieh Prison inmates rioted for three days in April when 
security forces killed four inmates after a search for weapons sparked 
a violent reaction with protests about overcrowding, poor medical care, 
and prolonged pretrial detention. September saw a second riot at the 
prison during which several prison officers were held hostage and 
another inmate killed.
    Inmates could receive visitors once or twice per week, with the 
frequency of visits varying depending on the severity of the inmate's 
crime. Religious observance was allowed.
    According to one government official, there was no formal channel 
for prisoners and detainees to submit complaints to judicial 
authorities. Families of prisoners normally contacted the Ministry of 
Interior to report complaints, although prison directors could also 
initiate investigations. Investigations tended to be conducted by NGOs, 
not the ministry, and according to a government official, prison 
directors often protected officers under investigation. A 2005 law 
establishing an ombudsman to serve on behalf of citizens was not 
implemented.
    In 2008 the government established a human rights department in the 
Ministry of Interior to examine and improve prison conditions. The 
department, however, was not properly equipped or staffed, and there 
were no signs of improvement at year's end. The parliamentary human 
rights committee is responsible for monitoring the Ministry of Defense 
detention center.
    The government permitted independent monitoring of prison and 
detention conditions by local and international human rights groups and 
the International Committee of the Red Cross (ICRC), and such 
monitoring took place during the year. According to its 2010 annual 
report, the ICRC carried out 146 visits to 6,449 prisoners and 
detainees in 19 prisons and detention centers. Some juveniles benefit 
from alternative sentencing.
    Nongovernmental entities such as Hizballah and Palestinian militias 
also operated detention facilities, about which there was no 
information available.

    d. Arbitrary Arrest or Detention.--The law requires judicial 
warrants before arrest, except in immediate pursuit, but the government 
arbitrarily arrested and detained persons.

    Role of the Police and Security Apparatus.--The ISF, under the 
Ministry of Interior, enforces laws, conducts searches and arrests, and 
refers cases to the judiciary. The General Directorate for State 
Security (GDSS), reporting to the prime minister, and the General 
Directorate for General Security apparatus (DGS), under the Ministry of 
Interior, are responsible for border control. The LAF, under the 
Ministry of Defense, is responsible for external security but may also 
arrest and detain suspects in the country on national security grounds. 
Both the GDSS and the DGS collect information on groups deemed possible 
threats to state security.

    Arrest Procedures and Treatment While in Detention.--The law 
generally requires a warrant for arrest and provides the right to a 
lawyer, a medical examination, and referral to a prosecutor within 48 
hours of arrest. If authorities hold a detainee longer than 48 hours 
without formal charges, the arrest is considered arbitrary and the 
detainee must be released. In such cases officials responsible for the 
prolonged arrest may be prosecuted on charges of depriving personal 
freedom, but charges were rarely filed. The law requires authorities to 
inform detainees what charges have been filed against them. A suspect 
caught in the act of committing a crime must be referred to an 
examining judge, who decides whether to issue an indictment or to order 
the release of the suspect. By law bail is available in all cases 
regardless of the charges, although the amounts demanded may be 
prohibitively high.
    The law provides detainees prompt access to a lawyer and to family 
members. The state does not provide legal assistance, but the Beirut 
Bar Association provides lawyers for indigent defendants.
    Authorities failed to observe many provisions of the law, and 
government security forces--as well as extralegal armed groups such as 
Hizballah--continued the practice of arbitrary arrest and detention, 
including incommunicado detention. In addition the law permits military 
intelligence personnel to make arrests without warrants in cases 
involving military personnel or involving civilians suspected of 
espionage, treason, or weapons possession.

    Arbitrary Arrest.--According to the Lebanese Center for Human 
Rights (CLDH), there were clear cases of arbitrary detention and 
torture. On February 7, the trial of Tarek al-Rabaa, an engineer at the 
Alfa Telecom Company accused of spying for Israel began. After being 
arrested in July 2010, Rabaa was summoned to the Ministry of Defense 
for investigation where he was reportedly handcuffed and forcibly 
undressed. During his incarceration at the Ministry of Defense's 
detention center he was allegedly tortured with electric shocks, 
required to remain in a standing position during 20 days, and was 
slapped severely on his ears. He was allowed to see his sister--acting 
as his lawyer--only 32 days after his arrest. According to information 
available to the CLDH, he was subjected to torture and ill-treatment 
for 108 days at the Ministry of Defense's detention center before being 
transferred to Roumieh Prison, where he remained at year's end.

    Pretrial Detention.--According to ISF statistics, 3,734 of the 
5,149 persons in prison in May were in pretrial detention. The Office 
of the U.N. High Commissioner for Human Rights (UNHCHR) expressed 
concerns about arbitrary pretrial detention without access to legal 
representation and refused to support construction of new prisons until 
the serious issue of arbitrary pretrial detention was resolved. 
According to a study by the CLDH, detainees spent a year on average in 
pretrial detention prior to their sentence. Individuals accused of 
murder spent on average 3.5 years in pretrial detention.
    Palestinian refugees were subject to arbitrary arrest and detention 
by state security forces and rival Palestinian factions. No statistics 
on the number of such cases were available at year's end.
    In June Hizballah announced it had detained several individuals it 
suspected of spying for foreign intelligence agencies. Hizballah did 
not release the names of the detained individuals, and no further 
information was available regarding their status at year's end.
    Human rights activists believed that as of 2009 Syrian authorities 
were holding at least 575 Lebanese and Palestinians from Lebanon in 
prolonged and often secret detention in Syria. In 2008 Lebanese 
Minister of Justice Ibrahim Najjar stated in a televised interview that 
there were 745 citizens missing in Syria, some of whom were convicted 
criminals and some victims of ``enforced disappearances.'' Najjar was 
the first government official to classify the detainees publicly. The 
Syrian government released 130 detainees in 2010; all of whom had been 
convicted as criminals, at year's end no additional detainees had been 
released.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, in practice the judiciary was subject 
to political pressure, particularly in the appointment of key 
prosecutors and investigating magistrates. Influential politicians and 
intelligence officers intervened at times and used their influence and 
connections to protect supporters from prosecution. For example, in 
September media reports speculated that retired brigadier general Fayez 
Karam received a relatively light two-year sentence for collaborating 
with Israel due to his political connections to leading government 
officials. In contrast, Shia Sheikh Hassan Mchaymech, who was held in 
Syria for over a year and was transferred to ISF custody in October, 
faces the death penalty for allegedly collaborating with Israel. 
Persons involved in routine civil and criminal proceedings sometimes 
sought to solicit the assistance of prominent individuals to influence 
the outcome of their cases.

    Trial Procedures.--Defendants are presumed innocent until proven 
guilty. There is no trial by jury. Trials are generally public, but 
judges have the discretion to order a closed court session. Defendants 
have the right to be present at trial, to consult with an attorney in a 
timely manner, and to question witnesses against them. Defendants may 
present witnesses and evidence, and their attorneys have access to 
government-held evidence relevant to their cases. Defendants have the 
right of appeal.
    Palestinian groups in refugee camps operated an autonomous and 
arbitrary system of justice outside the control of the state. For 
example, local popular committees in the camps attempted to resolve 
disputes using tribal methods of reconciliation. If the case involved a 
killing, the committees occasionally transferred the accused to state 
authorities for trial.

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

    Civil Judicial Procedures and Remedies.--There is an independent 
judiciary in civil matters. In practice it was seldom used to bring 
civil lawsuits seeking damages for government human rights violations. 
During the year there were no examples of a civil court awarding an 
individual compensation for such violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the law prohibits such actions, authorities 
frequently interfered with the privacy of persons regarded as enemies 
of the government.
    Although the law provides for the interception of telephone calls 
with prior authorization from the prime minister upon a request made by 
either the minister of interior or minister of defense, security 
services and the military reportedly sometimes intercepted calls 
without such authorization.
    Militias and non-Lebanese forces operating outside the area of 
central government authority also frequently violated citizens' privacy 
rights. Various factions used informer networks and telephone 
monitoring to obtain information regarding their perceived adversaries.
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 
provides that restrictions may be imposed only under exceptional 
circumstances. The government generally respected these rights in 
practice within the effective limitations imposed by a complex and 
contentious democratic political system.

    Freedom of Speech.--Individuals are free to criticize the 
government but are legally prohibited from publicly criticizing the 
president and foreign leaders. Activists promoting democratic reform in 
Syria complained of harassment and the lack of protection offered by 
the Lebanese government.

    Freedom of Press.--The independent media were active and expressed 
a wide variety of views. Dozens of newspapers and hundreds of 
periodicals were published throughout the country, financed by and 
reflecting the views of local, sectarian, and foreign interest groups. 
The law restricts the freedom to issue, publish, and sell newspapers. 
Publishers must apply for and receive a license from the minister of 
information in consultation with the press union.
    On March 14, the Criminal Investigation Service in Beirut opened a 
criminal investigation on the charge of inciting sectarian strife 
concerning the February 10 publication of the CLDH report entitled 
Arbitrary Detention and Torture: The Bitter Reality of Lebanon. A 
hearing was scheduled for January 11, 2012.
    The majority of media outlets had political affiliations, which 
hampered their ability to operate freely in areas dominated by other 
political groups and affected their reporting.

    Violence and Harassment.--On July 25 and 26, military intelligence 
officials interrogated Saadeddine Shatila, the NGO Alkarama's 
representative in Beirut, for more than seven hours in relation to his 
work documenting human rights violations in the country--specifically 
the information submitted in 2010 by Alkarama to the U.N. special 
rapporteur on torture concerning allegations of torture committed by 
military intelligence and other security forces. Shatila was accused of 
publishing information which could be harmful to the LAF's reputation. 
The case was referred to the Military Court, and a decision to charge 
Shatila or drop the charges remained pending at year's end.
    Unlike in 2010, no journalist was killed.

    Censorship or Content Restrictions.--The law permits, and 
authorities selectively used, prior censorship of pornographic 
material, political opinion, and religious material considered a threat 
to national security or an offense to the dignity of the head of state 
or foreign leaders. The DGS reviews and censors all foreign newspapers, 
magazines, and books before they enter the country. Political violence 
and extralegal intimidation led to self-censorship among journalists.

    Libel Laws/National Security.--The 1991 security agreement between 
the Lebanese and Syrian governments, still in effect, contains a 
provision prohibiting the publication of any information deemed harmful 
to the security of either state.

    Publishing Restrictions.--The law includes guidelines regarding 
materials that are unsuitable for publication in a book, newspaper, or 
magazine. Any violation of the guidelines may result in the author's 
imprisonment or a fine. The law includes descriptions of possible 
violations such as writing in a way which ignites sectarian strife, 
defamation, criticizing the president with offensive language, and 
spreading false rumors.
    Authorities of any of the recognized religions may unilaterally 
request the DGS to ban any book. The government may prosecute offending 
journalists and publications in the publications court.
    Nongovernmental Impact: Opposition groups sometimes sought to 
inhibit freedom of the press. For example, according to the 
international NGO Committee to Protect Journalists, protesters set fire 
on January 25 to an Al-Jazeera van in Tripoli and harassed its staffers 
as its reporters covered violent demonstrations against the collapse of 
Saad Hariri's government.
    Authors can publish books without prior permission from the DGS, 
but if the book contains material that violates the law, then the DGS 
can confiscate the book immediately, and put the author on trial based 
on the offending material. In some cases the authorities may see the 
offending material as a threat to national security. Such offenses are 
not taken to trial based on the Publication Law, but on the basis of 
criminal law or other statues. Therefore, publishing a book that has 
not received prior approval and contains unauthorized material could 
put the author at risk of a prison sentence, fines, and the 
confiscation of the published materials.

    Internet Freedom.--There were no laws restricting access to the 
Internet. There was a perception among knowledgeable sources, however, 
that the government monitored e-mail or Internet chat rooms where 
individuals and groups engaged in the expression of views via the 
Internet, including by e-mail. The government reportedly censored some 
Web sites to block pornographic and religiously provocative material, 
but there were no verified reports the government attempted to collect 
personally identifiable information via the Internet in a systematic 
way.
    Restrictions on freedom of speech concerning the president applied 
to social media communications which were considered to be a form of 
publication rather than private correspondence. For example, in June 
and July 2010, security forces detained Naim Hanna, Antoine Ramia, 
Shibel Kassab, and Ahmad Shuman for defaming President Sleiman on the 
social networking site Facebook and charged them with libel, slander, 
and defamation. The Facebook page criticized President Sleiman for 
allegedly interfering in municipal elections in Jbeil region, among 
other comments. They were released on bail in July 2010 pending trial, 
and there were no developments related to this case by year's end.

    Academic Freedom and Cultural Events.--There were no government 
restrictions specific to academic freedom, but libel and slander laws 
applied. During the year the government censored films, plays, and 
other cultural events; the DGS reviewed all films and plays and 
prohibited those deemed offensive to religious or social sensitivities. 
Cultural creators and those involved in the arts practiced self-
censorship.
    On December 9, the film Beirut Hotel directed by Danielle Arbid was 
banned on the basis that it would ``endanger national security.'' Press 
reports disagreed over whether the movie was banned for sexual content 
or political reasons, as the film mentions the assassination of former 
Prime Minister Rafik Hariri.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, but the government 
sometimes restricted this right in practice. Organizers are required to 
obtain a permit from the Ministry of Interior three days prior to any 
demonstrations. The ministry sometimes did not grant permits to groups 
that opposed government positions, but there were no known examples of 
this during the year.
    Security forces occasionally intervened to disperse demonstrations, 
usually when clashes broke out between opposing protesters.

    Freedom of Association.--The law provides for freedom of 
association, and the government generally respected it in practice, 
although there were some conditions.
    No prior authorization is required to form an association, but the 
Ministry of Interior must be notified in order that the entity be 
recognized as legal, provided that it respects public order, public 
morals, and state security. The ministry then issues a receipt. The 
ministry sometimes imposed additional and inconsistent restrictions and 
requirements and withheld receipts, turning the notification process 
into an actual approval process. In some cases the ministry sent 
notification of formation papers to the security forces to initiate 
inquiries on an organization's founding members. Organizations must 
invite ministry representatives to any general assembly where members 
vote on bylaw amendments or positions on the board of directors. The 
ministry must then validate the vote or election; failure to do so 
could result in the dissolution of the organization, possible only by a 
decree issued by the Council of Ministers.
    The cabinet must license all political parties (see section 3).

    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 for 
citizens but placed limitations on the rights of Palestinian refugees. 
The Office of the U.N. High Commissioner on Refugees (UNHCR) provided 
protection and support to over 10,000 non-Palestinian refugees and 
asylum seekers, 88 percent of whom were from Iraq. The U.N. Relief and 
Works Agency for Palestine Refugees in the Near East (UNRWA) provided 
assistance specifically to Palestinian refugees. The government 
cooperated with the UNHRC, UNRWA, 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 maintained security 
checkpoints, primarily in military and other restricted areas. 
Government forces were unable to enforce the law in the predominantly 
Hizballah-controlled Beirut southern suburbs and did not typically 
enter Palestinian refugee camps. According to the UNRWA, Palestinian 
refugees registered with the Ministry of Interior's Directorate of 
Political and Refugee Affairs may travel from one area of the country 
to another. However, the directorate must approve transfer of 
registration of residence for refugees who reside in camps. The UNRWA 
stated that the directorate generally approved such transfers. The LAF 
granted Palestinian refugees residing in the area adjacent to the Nahr 
el-Bared camp permanent permits, which they must produce at LAF 
checkpoints to enter the area. Palestinian visitors who are not 
permanent residents must apply for visitor permits that are issued for 
a specific length of time, anywhere from one day to a number of weeks 
or months. As of mid-year the LAF allowed Palestinian women and males 
under 14 years of age to enter the adjacent area without a permit, but 
all males 14 years of age and older continued to need an access permit. 
Residents have complained that LAF checkpoints and access restrictions 
on the area surrounding Nahr el-Bared camp hinder economic activity of 
the camp.

    Internally Displaced Persons (IDPs).--At year's end the UNRWA 
reported that 16,755 refugees had returned to areas adjacent to the 
Nahr el-Bared refugee camp from which they had been displaced when the 
camp was destroyed in a 2007 fight between the LAF and terrorists from 
Fatah al-Islam, and 26,244 Nahr el-Bared residents remained displaced. 
According to the Norwegian Refugee Council's Internal Displacement 
Monitoring Center, by November 2010 no IDPs remained from the 2006 
Israel/Hizballah conflict.

    Protection of Refugees.--Access to Asylum.--The country's laws do 
not provide for the granting of asylum or refugee status. As a result, 
more than 70 percent of refugees registered with the UNHRC did not have 
any legal status and were liable to arrest. Nonetheless, in practice 
the government provided some protection through ad-hoc arrangements. 
The government granted admission and temporary (six-month) refuge to 
asylum seekers, but not permanent asylum. The DGS sometimes arbitrarily 
detained asylum seekers at its detention facility for more than a year 
and then deported them.
    An agreement between the DGS and UNHRC recognized and granted 
protection to non-Palestinian refugees, providing temporary relief for 
those seeking determination of refugee status. Those wishing to claim 
refugee status must do so within two months of arriving in the country. 
The DGS issues residence permits, valid for three months, during which 
time the UNHRC must make a refugee status determination. The DGS 
extended residency permits for as long as 12 months for those to whom 
the UNHRC accorded refugee status.
    There was a significant influx of Syrians who entered Lebanon to 
escape escalating violence after the start of mass unrest in Syria 
beginning in mid-March. While some Syrians settled in shelters, 
approximately 90 percent stayed with host families, who were not always 
families or friends. At year's end there were 4,840 Syrians registered 
with the UNHRC in Lebanon. The government does not officially recognize 
these persons as refugees, and it limits the freedom of movement for 
individuals who entered the country illegally. The Lebanese Higher 
Relief Commission and UNHRC have agreed on criteria to determine 
eligibility for assistance. There were no refugee camps for Syrians.

    Refugee Abuse.--According to the UNHRC, domestic courts often 
sentenced Iraqi and African refugees officially registered with the 
UNHRC to one month's imprisonment and fines instead of deportation for 
illegal entries. After serving their sentences, most refugees remained 
in detention unless they found employment sponsors and the DGS agreed 
to release them in coordination with the UNHRC.
    In a February 2010 request to the government, 14 local and 
international NGOs called for the release of migrants and refugees who 
had completed their sentences but continued to be detained without a 
legal basis. According to a 2009 ISF report, 13 percent of detainees 
were foreign nationals who had completed their sentences, and were 
awaiting deportation by the DGS or regularization of their situation in 
the country.

    Employment.--The law does not distinguish between refugees and 
other aliens. Non-Palestinian refugees residing in the country legally 
were allowed to work on the legal labor market in certain sectors, 
provided they had a sponsor for a work permit and could pay the 
associated fees. In August 2010 parliament amended the Labor Law 
granting certain employment rights to Palestinian refugees registered 
with the government, including no-cost work permits, but their access 
to certain professions remained restricted.
    In August 2010 parliament also amended the Social Security Law 
setting up a special account to provide end-of-service indemnities or 
severance pay for Palestinian refugees who retired or resigned. By 
year's end the Ministry of Labor had not issued implementing 
regulations, which limited the impact of this change. Under the 
proposal the UNWRA continued to bear the cost of any medical, 
maternity, or family health-care expenses.

    Access to Basic Services.--By law UNRWA-registered Palestinian 
refugees are considered foreigners, and in several instances they were 
accorded poorer treatment than other foreign nationals. The UNRWA has 
the sole mandate to provide health, education, social services, and 
emergency assistance to the 427,732 registered Palestinian refugees 
residing in the country at the end of August. The amount of land 
allocated to the 12 official refugee camps in the country has only 
marginally changed since 1948, despite a four-fold increase in the 
population. Consequently, most Palestinian refugees lived in 
overpopulated camps, some of which were subjected to heavy damage 
during multiple conflicts. In accordance with their agreement, 
Palestine Liberation Organization (PLO) security committees, not the 
government, provided security for refugees in the camps.
    Property laws directly and effectively exclude Palestinians due to 
a 2001 amendment to a 1969 decree barring persons without the 
nationality of a recognized state from owning land and property. 
Palestinians who owned property prior to the law entering into force 
are unable to bequeath it to their heirs, and individuals who were in 
the process of purchasing property in installments were unable to 
register the property.
    Palestinian refugees residing in the country were not able to 
obtain citizenship and were not citizens of any other country. 
Palestinian refugee women married to citizens were able to obtain 
citizenship and transmit citizenship to their children. Palestinian 
refugees, including children, had limited social and civil rights and 
no access to public health, education, or other social services. 
Children of Palestinian refugees faced discrimination in birth 
registration, and many had to leave school at an early age to earn 
income.
    Iraqi refugees had access to both the public and private education 
systems. The UNHRC reported approximately 1,700 Iraqi children were 
registered in schools, and it provided grants to the children to help 
defray the costs associated with attending school. Iraqi refugees also 
had access to the primary health-care system. The UNHRC, through NGOs, 
provided secondary health care.
    Syrians who had fled to Lebanon had access to the public education 
system. The Ministry of Education facilitated their enrollment in 
public schools, and the UNHRC covered school-related expenses such as 
school fees, books, and uniforms. The UNHRC had arranged with the 
ministries of social affairs and public health for registered Syrians 
to access designated public health centers and local clinics for 
primary care services, and the organization covered the bulk of the 
costs. The government's Higher Relief Commission covered the cost of 
secondary and tertiary health care.

    Durable Solutions.--At year's end the UNRWA reported that 16,755 
refugees had returned to areas adjacent to the Nahr el-Bared refugee 
camp, which was destroyed in a 2007 fight between the LAF and 
terrorists from Fatah al-Islam, and 26,244 Nahr el-Bared residents 
remained displaced. Displaced communities raised concerns about their 
security and freedom of movement in response to the LAF's security 
measures around the camp. A comprehensive, three-year plan to rebuild 
the Nahr el-Bared camp and surrounding communities in eight stages, 
begun in 2008, was in process, but remaining reconstruction was not 
fully funded, and less than half of the required donations had been 
secured by year's end.
    The government did not consider local integration of other 
refugees, such as Iraqis, a viable durable solution.

    Temporary Protection.--After Palestinians, the second largest group 
of refugees in the country was Iraqi. The government did not provide a 
temporary protection regime for Iraqi asylum seekers, and it regularly 
deported Iraqis who may have had valid persecution claims. According to 
the DGS, there were 13 Iraqis in detention at year's end, and during 
the year the DGS deported 80 irregular Iraqi immigrants to Iraq.
    At year's end 9,353 Iraqis were registered with the UNHRC. The 
Danish Refugee Council estimated 15,000 to 20,000 Iraqis were living in 
the country; many entered the country illegally in search of jobs, 
education, and security. During the year the government provided 
limited services for Iraqi refugees. The DGS granted a three-month 
grace period from April 15 to July 15 for foreigners who had fallen 
into illegal status to regularize their residency in the country. The 
grace period was extended twice, from July 15 to October 26 and for 
Iraqis and Nigerians from October 26 to January 26, 2012.

    Stateless Persons.--Citizenship is derived exclusively from the 
father, which may result in statelessness for children of a citizen 
mother and a noncitizen father when registration under the father's 
nationality is not possible. In addition, some children born to 
Lebanese fathers may not have their births registered due to a lack of 
understanding of the regulations or administrative obstacles. There are 
no official statistics on the size of the stateless population. 
Ministry of Justice statistics in 2009 showed that 2 percent of 
juveniles affected by crime had nonnational status. The problem is 
compounded because nonnational status is a hereditary status that 
stateless individuals pass along to their children.
    Approximately 3,000 Palestinian refugees were not registered with 
the UNRWA or with the government. Also known as undocumented, or non-
ID, Palestinians, most moved to the country after the expulsion of the 
PLO from Jordan in 1971. Non-ID Palestinians were not eligible for 
assistance from the UNRWA, faced restrictions on movement, and lacked 
access to fundamental rights under the law. The majority of non-ID 
Palestinians were men, many of them married to UNRWA refugees or 
citizen women, who could not transmit refugee status or citizenship to 
their husbands or children.
    On October 28, President Sleiman signed a decree revoking the 
citizenship of approximately 176 families due to the State Consultative 
Council's 2003 decision to invalidate the 1994 naturalization decree, 
which naturalized several thousand Palestinians in addition to other 
nationalities. As many as 4,000 persons may be at risk of losing their 
citizenship.
    Approximately 1,000 to 1,500 of the 75,000 Kurds lacked citizenship 
despite decades of family presence in the country. Most were 
descendants of migrants and refugees who left Turkey and Syria during 
World War I but had been denied the right to citizenship to preserve 
the country's sectarian balance. The government issued a naturalization 
decree in 1994, but high costs and other obstacles prevented many from 
acquiring official status. Some individuals who did receive official 
status had their citizenship revoked this year as a result of the 
aforementioned presidential decree. Others held an ``ID under 
consideration'' document without date or place of birth.
    Stateless individuals lack official identity documents that would 
permit them to travel abroad and may face difficulties traveling in the 
country or detention for not carrying identity documents. They have 
limited access to the regular employment market and no access to many 
professions. In addition, they cannot access public schools, public 
health-care facilities, or official marriage or birth registration, and 
are unable to own or inherit property.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully in periodic, free, and fair elections based on universal 
suffrage; however, lack of government control over parts of the 
country, defects in the electoral process, and corruption in public 
office significantly restricted this right in practice. The president 
and parliament nominate the prime minister, who, with the president, 
chooses the cabinet.

    Elections and Political Participation.--Recent Elections.--
Observers concluded that the 2009 parliamentary elections were 
generally free and fair, with minor irregularities, such as instances 
of vote-buying. The NGO Lebanese Transparency Association (LTA) 
reported that its monitors witnessed vote-buying through cash donations 
on election day in many electoral districts.

    Political Parties.--The four major political parties and numerous 
smaller ones were almost exclusively based on confessional affiliation, 
and parliamentary seats were allotted on a sectarian basis.

    Participation of Women and Minorities.--There were significant 
cultural barriers to women's participation in politics. Prior to 2004 
no woman held a cabinet position. None was in the cabinet approved by 
parliament on July 7, and only three have been ministers since the 
first woman was appointed in 2004. Only four of 128 members of 
parliament (MPs) were women and all were close relatives of previous 
male MPs.
    Minorities were able to participate in politics to some extent. 
Regardless of the number of its adherents, every government-recognized 
religion, except Coptic Christianity, Ismailism, and Judaism, was 
allocated at least one seat in parliament. Three parliamentarians 
representing minorities (one Syriac Orthodox and two Alawites) were 
elected in the 2009 elections. These groups also held high positions in 
government and the LAF. As Palestinian refugees are not citizens, they 
have no political rights. An estimated 17 Palestinian factions operated 
in the country, generally organized around prominent individuals. Most 
Palestinians lived in refugee camps that one or more factions 
controlled. Refugee leaders were not elected, but there were popular 
committees that met regularly with the UNRWA and visitors.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and 
officials often engaged in corrupt practices with impunity. Government 
control of corruption was widely considered poor. Types of corruption 
generally encountered included systemic clientelism; judicial failures, 
especially in investigations of politically motivated killings; 
electoral fraud facilitated by the absence of preprinted ballots; and 
bribery. Bureaucratic transactions were customarily accompanied through 
the payment of bribes; in addition to regular fees, customers paid 
bribes for a new driver's license, car registration, or residential 
building permits.
    Government security officials, agencies, and the police force were 
subject to laws against bribery and extortion. In practice the lack of 
strong enforcement limited the laws' effectiveness.
    The law requires public officials to disclose their financial 
assets to the Constitutional Council, but the information was not 
available to the public. The Court of Accounts, the Central Inspection 
Department, the Office of the Minister of State for Administrative 
Reform, the Central Bank's Special Investigation Committee, and the 
Disciplinary Board were tasked with fighting corruption.
    There are no laws regarding public access to government documents, 
and the government generally did not respond to requests for documents.
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. Security officials 
often were not cooperative and responsive to these groups' views, 
although other officials were.

    Government Human Rights Bodies.--The parliamentary Committee on 
Human Rights struggled to move forward existing proposals to make legal 
changes to guide ministries on protecting specific human rights or, for 
example, improving prison conditions. The Committee did serve as a 
forum to highlight human rights abuses. For example, ISF Major General 
Rifi testified regarding the status of the ISF's investigation into the 
kidnapping and disappearance of the Jassem brothers (see section 1.b.).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law, providing for equality among all citizens, prohibits 
discrimination based on race, gender, disability, language, or social 
status. The government generally respected these provisions; however, 
in practice, enforcement was not consistent, and some aspects of the 
law and traditional beliefs discriminated against women.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, and 
the government effectively enforced the law. The minimum prison 
sentence for a person convicted of rape is five years, or seven years 
for raping a minor. According to Article 522 of the Penal Code, the 
state will not prosecute a rapist and will nullify his conviction if 
the rapist marries his victim. According to the domestic NGO KAFA 
(Enough) Violence and Exploitation, spousal rape was not criminalized, 
and 80 percent of domestic violence victims the NGO assisted suffered 
spousal rape.
    Neither the Penal Code nor personal status laws governing family 
matters adjudicated by state-sanctioned religious courts specifically 
prohibit domestic violence. There were no authoritative statistics on 
its extent, but there is a broad consensus that domestic violence, 
including spousal abuse, was a serious problem. A September 2010 UNHCHR 
assessment estimated that there were high rates of domestic violence in 
the country. Despite a law that sets a maximum sentence of three years 
in prison for battery, some religious courts may legally require a 
battered wife to return to her home despite physical abuse. Foreign 
domestic servants, usually women, were often mistreated, abused, and in 
some cases raped or placed in slavery-like conditions (see section 
7.c.).
    The government provided legal assistance to domestic violence 
victims who could not afford it, but in most cases police ignored 
complaints submitted by battered or abused women. The NGO Lebanese 
Council to Resist Violence against Women and KAFA worked to reduce 
violence against women by offering counseling and legal aid and raising 
awareness about the problem. During the year KAFA assisted in 330 cases 
of victims of violence, the majority of which concerned domestic 
violence.

    Harmful Traditional Practices.--On August 4, parliament cancelled 
Article 562 of the Penal Code on honor crimes, which allowed a reduced 
sentence for a man who killed his wife or other female relative in 
response to a socially unacceptable sexual relationship conducted by 
the victim.

    Sexual Harassment.--The law prohibits sexual harassment, but it was 
a widespread problem, and the law was not effectively enforced. Social 
pressure against women pursuing careers was strong in some parts of 
society. Men sometimes exercised considerable control over female 
relatives, restricting their activities outside the home or their 
contact with friends and relatives.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and to have the information and means to do so free from 
discrimination, coercion, and violence. There are no legal prohibitions 
or governmental encumbrances to equal access under the law for 
reproductive health care products or services, although the most 
advanced clinics and practices were in the larger metropolitan areas. 
Women had equal access to diagnosis and treatment for sexually 
transmitted infections, including HIV, and the government provided free 
hospital treatment and free antiretroviral drugs for all persons with 
HIV/AIDS.

    Discrimination.--Women suffered discrimination under the law and in 
practice. In matters of child custody, inheritance, and divorce, 
personal status laws provide unequal treatment across the various 
confessional court systems, but generally discriminate against women. 
For example, Sunni civil courts apply an inheritance law that provides 
a son twice the inheritance of a daughter. Religious law on child 
custody matters favors the father in most instances. Immigration law 
also discriminates against women, who may not confer citizenship on 
their spouses and children, although widows may confer citizenship on 
their minor children. By law women may own property, but they often 
ceded control of it to male relatives due to cultural reasons and 
family pressure. The law provides for equal pay for equal work for men 
and women, but in the private sector there was discrimination regarding 
the provision of benefits. Only 25 percent of women, compared to 75 
percent of men, were in the formal labor force, and these women earned 
on average less than 25 percent of what men earned.
    The Women's Affairs Division in the Ministry of Social Affairs is 
the highest-level governmental organization dealing with women's 
issues. The division undertook some projects to address sexual or 
gender-based violence, such as providing counseling and shelter for 
victims and training ISF personnel to combat it in prisons.

    Children.--Birth registration.--Citizenship is derived exclusively 
from the father, which may result in statelessness for children of a 
citizen mother and noncitizen father who cannot transmit his own 
citizenship (see section 2.d.).
    The government did not register the births of children born in the 
country to Palestinian refugees or non-ID Palestinian parents, 
resulting in the denial of citizenship and restricted access to public 
services, including school and health care. Children of citizen mothers 
and Palestinian fathers were not granted citizenship.
    Some refugee children and children of foreign domestic workers also 
faced obstacles to equal treatment under the law, and NGOs reported 
discrimination against them, although some could attend public school. 
According to a 2008 report by the Integrated Regional Information 
Networks, children born in the country of migrant domestic workers had 
no official identity.

    Education.--Education is free and compulsory through the primary 
phase for citizens. Noncitizen children, including those born of 
noncitizen father and citizen mothers, do not have this right. Certain 
public schools have quotas for noncitizen children, but there are no 
special provisions for children of female citizens, and spaces remained 
subject to availability.

    Child Marriage.--The age of legal maturity is 18 for men and 17 for 
women. Family matters are governed by confessionally determined 
personal status law, and minimum ages acceptable for marriage differ 
accordingly.

    Sexual Exploitation of Children.--The Penal Code prohibits and 
punishes commercial sexual exploitation and forced prostitution. 
Prescribed punishment for commercial sexual exploitation of a person 
under 21 years old is imprisonment of one month to one year and fines 
ranging between 50,000 and 500,000 pounds ($33-333). The maximum 
sentence for commercial sexual exploitation is two years' imprisonment. 
The minimum age of consensual sex is 18 years old, and statutory rape 
penalties include hard labor for a minimum of five years and 
imprisonment for a minimum of seven years if the victim is younger than 
15 years old. Imprisonment ranges from two months to two years if the 
victim is between 15 and 18 years old.

    International Child Abductions.--The country is not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--At year's end there were approximately 100 Jews 
living in the country and 6,000 registered Jewish voters who lived 
abroad but had the right to vote in parliamentary elections.
    During the year representatives from the Israeli Communal Council 
reported continued acts of vandalism against a Jewish-owned cemetery in 
downtown Beirut. There were no arrests or prosecutions by year's end.
    In a television interview on Syrian-based Al-Dunya TV in July, the 
bishop of the Syriac Orthodox Church in the country, George Saliba, 
accused Jews of controlling global financial markets and world 
organizations and blamed them for inciting all global wars and evils. 
Saliba also blamed Christ's death on the Jews, and referenced the 
forged The Protocols of the Elders of Zion, propagating a myth of 
Jewish world domination.
    The national school curriculum materials on tolerance education did 
not contain materials on the Holocaust.
    The Ministry of Interior delayed validation of the 2008 elections 
of the Israeli Communal Council (see section 2.b.). The next elections 
are anticipated to be held in 2013.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--Although prohibited by law, 
discrimination against persons with disabilities continued. The law 
defines a ``disability'' as a physical, sight, hearing, or mental 
impairment. The law stipulates at least 3 percent of all government and 
private sector positions be filled by persons with disabilities, 
provided such persons fulfill the qualifications for the position; 
however, there was no evidence the law was enforced in practice. The 
law mandates access to buildings by persons with disabilities, but the 
government failed to amend building codes. Many persons with mental 
disabilities were cared for in private institutions, several of which 
the government subsidized.
    The Ministry of Social Affairs and the National Council of Disabled 
are responsible for protecting the rights of persons with disabilities. 
According to the president of the Arab Organization of Disabled People, 
little progress has been made since the law on disabilities was passed 
in 2000. Approximately 100 relatively active but poorly funded private 
organizations made most of the efforts to assist persons with 
disabilities.
    In 2009 the Ministry of Interior issued a decree to provide 
accessibility to polling stations for persons with special needs during 
the parliamentary elections; however, a Lebanese Physically Handicapped 
Union study showed that only six polling stations out of 1,741 
satisfied all six criteria for accessibility.

    National/Racial/Ethnic Minorities.--A February report funded by the 
EU and written by a coalition of local human rights organizations, A 
Culture of Racism in Lebanon, identified a widespread pattern of 
discrimination against individuals who did not appear ethnically 
Lebanese. Lebanese of African descent attributed discrimination to the 
color of their skin and claimed harassment from police who periodically 
demanded to see their papers. Arab, African, and Asian students, 
professionals, and tourists reported being denied entry into bars, 
clubs, restaurants, and private beaches. Male foreign migrant workers 
reported regular harassment from police officers and said they were 
often accused of theft. Syrian workers, usually employed in the manual 
labor and construction sectors, continued to suffer discrimination, as 
they did following the 2005 withdrawal of Syrian forces from Lebanon.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Official and societal 
discrimination against lesbian, gay, bisexual, and transgender (LGBT) 
persons persisted during the year. The law prohibits ``unnatural sexual 
intercourse,'' an offense punishable by up to one year in prison, but 
it was rarely applied. In 2010 the domestic NGO Helem (from the Arabic 
acronym for Lebanese Protection for LGBT Persons) reported fewer than 
10 prosecutions. The law was sometimes applied to men engaging in same-
sex sexual activity; it was rarely applied to women, although Helem 
reported that police used the law to blackmail women. During the year, 
the NGO Heartland Alliance reported that a man faced death threats from 
relatives because of his sexual orientation; the man was also reported 
to the police by his mother for same-sex sexual activity and was 
subsequently imprisoned.
    Meem, the first NGO in the country exclusively for non-heterosexual 
women, and Helem hosted regular meetings in a safe house, provided 
counseling services, and carried out advocacy projects for the LGBT 
community.

    Other Societal Violence or Discrimination.--Helem reported during 
2009 that at least five HIV-positive individuals reported 
discrimination by dentists or hospital staff. Updated statistics were 
not available at year's end.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law allows all workers except public sector employees to form and 
join unions, but requires prior government approval. Foreigners with 
legal resident status may join unions. The Ministry of Labor must 
approve the formation of unions, and it controlled the conduct of all 
trade union elections, including election dates, procedures, and 
ratification of results. The law permits the administrative dissolution 
of trade unions and bars trade unions from political activity. All 
workers except public employees have the right to strike, with 
significant restrictions. Organizers of a strike must announce the 
number of participants in advance, and 5 percent of a union's members 
must take responsibility for maintaining order during the strike. The 
law protects the right of workers to organize and to bargain 
collectively; however, a minimum of 60 percent of workers must agree on 
the goals beforehand. Collective bargaining agreements must be ratified 
by two-thirds of union members at a general assembly. Unions have the 
right to demonstrate with advance notice to and approval by the 
Ministry of Interior. The law allows more than one union per sector to 
bargain collectively on behalf of its members. The law prohibits 
antiunion discrimination, although this was weakly enforced. According 
to the Labor Law, when employers misuse or abuse their right to 
terminate an elected union official's contract, including for union 
activity, the worker is entitled to indemnity and can institute 
proceedings before a Conciliation Board that adjudicates the case, 
after which an employer may be compelled to reinstate a worker.
    Domestic workers, day laborers, temporary workers in the public 
services, and some categories of agricultural workers are not covered 
by the country's labor code either because they were not considered 
residents under the law or because the labor law excludes domestic and 
certain agricultural work from labor law protections.
    Generally, refugees may organize their own unions. Because of 
restrictions on their right to work, few refugees participated actively 
in trade unions. While some unions required citizenship, others were 
open to foreign nationals whose home countries had reciprocity 
agreements with Lebanon. Because they are stateless, Palestinian 
refugees are legally barred from entering certain professions such as 
engineering, law, and medicine. Although parliament adopted the 
amendment of Article 59 of the Labor Law that granted certain 
employment rights to Palestinian refugees registered with the 
government, including no-cost work permits, their access to certain 
professions remained restricted. Parliament also adopted the amendment 
to Article 9 of the Social Security Law setting up a special account 
within the National Social Security Fund to provide end-of-service 
indemnities or severance pay for Palestinian refugees who retired or 
resigned (see section 2.d.).
    In practice, freedom of association and the right to collective 
bargaining were not always respected and collective bargaining occurred 
infrequently. The law provides that unions conduct activities free from 
interference, but in practice the Ministry of Labor interfered in union 
elections and registered unions not considered representative by the 
General Confederation of Lebanese Workers (CGTL), which represents a 
total of 52 union federations. The Ministry of Labor has previously 
encouraged the establishment of unions for political purposes, 
including some that did not have significant representation among the 
sector they represented. Political figures also sought to influence 
union activities. Political parties including Amal and Hizballah were 
known to influence the CGTL.
    The CGTL remained the only organization the government recognized 
as an interlocutor for workers, while approximately 13 federations that 
composed the ``Salvation Committee of the CGTL'' no longer participated 
in CGTL meetings but had not declared an official breakaway at year's 
end. Collective bargaining did not occur often. The Labor Law protects 
workers from discrimination for union activity, but the law is weakly 
enforced. According to a labor contact, some employers have fired 
workers in the process of forming a union, before the union is formally 
established and published in the Official Gazette.

    b. Prohibition of Forced or Compulsory Labor.--The antitrafficking 
law promulgated on September 1 considers forced or compulsory labor a 
form of exploitation and prohibits such labor. Children, foreign 
workers employed as domestic servants, and other foreign workers 
sometimes worked under forced labor conditions.
    Government regulations prohibit employment agencies from 
withholding foreign workers' passports for any reason; however, this 
regulation was not effectively enforced and the practice was 
commonplace, especially in the case of domestic workers.
    According to NGOs assisting migrant workers, some employers did not 
pay their workers regularly, and some withheld their salaries for the 
duration of the contract, which was usually two years. Female domestic 
workers, mainly from Asian and African countries, had no practical 
legal recourse because labor laws did not protect them. The government 
prohibited foreign women workers from countries without diplomatic 
representation in the country. The sponsorship system ties foreign 
workers' residency to a specific employer, making it difficult for a 
domestic worker to change employers. Once employment is terminated, a 
worker loses residency, making many reluctant to file complaints 
because they risk detention because of their illegal status.
    Also see the Department of State's Trafficking in Persons Report at 
www.state.gov/g/tip.

    c. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 14 years of age, and the law lists the 
legal occupations for juveniles. The law requires juveniles, defined as 
children between 14 and 18 years of age, to undergo a medical exam by a 
doctor certified by the Ministry of Public Health to assure they are 
physically fit for the type of work they are asked to perform. The 
labor code prohibits employment of juveniles younger than 18 years old 
for more than six hours per day and requires one hour of rest if work 
lasts more than four hours. Juveniles younger than 17 years old are 
prohibited from working in jobs that jeopardize their health, safety, 
or morals; they also are prohibited from working between 7 p.m. and 7 
a.m. The law prohibits the employment of juveniles younger than 16 
years old in industrial jobs or jobs physically demanding or harmful to 
their health. The penal code calls for penalties ranging from a fine of 
250,000 pounds ($166), one to three months' imprisonment, or forced 
closing of the establishment.
    The Ministry of Labor is responsible for enforcing these 
requirements through its Child Labor Unit. In 2010 the ministry 
admitted that the 130 labor inspectors and assistant inspectors 
employed to enforce child labor laws were not sufficient. The Higher 
Council of Childhood (HCC) raised awareness and provided education to 
families and children to help prevent child abuse. Along with other 
government agencies, the HCC is charged with enforcement of laws 
related to forced labor and child trafficking, commercial sexual 
exploitation of children, and the use of children in illicit 
activities. The HCC is also responsible for referring children held in 
protective custody to appropriate NGOs to find safe living 
arrangements.
    Current figures on child labor in the country were unavailable. 
Anecdotal evidence suggested the number of child workers has risen and 
that more children were working in the informal sector, including 
prostitution. Child labor was predominantly concentrated in the 
informal sector, including in small family businesses, mechanical 
workshops, carpentry, construction, manufacturing, industrial sites, 
welding, agriculture, and fisheries. Children work under the table in 
some of these informal sector jobs, often in small and/or family 
businesses that are not part of any formal business syndicates/
associations. Street children worked selling goods, polishing shoes, 
and washing car windows. Anecdotal evidence also suggested that child 
labor was prevalent within Palestinian refugee camps and among Iraqi 
refugees and Roma (nomadic) communities in the country. Traffickers 
used children for commercial sexual exploitation and hazardous work 
conditions.
    Also see the Department of State's Trafficking in Persons Report at 
www.state.gov/j/tip.

    d. Acceptable Conditions of Work.--The legal minimum wage was 
500,000 pounds ($333) per month across all sectors and industries. The 
law prescribes a standard 48-hour workweek with a 24-hour rest period 
per week. The law stipulates 48 hours as the maximum duration of work 
per week in most corporations except agricultural entities. A 12-hour 
day is permitted under certain conditions, including a stipulation that 
the overtime provided is 50 percent higher than the pay for other 
hours. The law does not set limits on compulsory overtime.
    The law includes specific occupational health and safety 
regulations and requires employers to take adequate precautions for 
employee safety. The Ministry of Labor is responsible for enforcing 
these regulations but did so unevenly. The ministry employed 
approximately 130 labor inspectors and assistant inspectors. Labor 
organizers reported workers did not have the right to remove themselves 
from hazardous conditions without jeopardizing their employment. 
Foreign and local domestic servants are not covered under the labor 
law.
    In practice, workers in the industrial sector worked an average of 
35 hours per week, and workers in other sectors worked an average of 30 
hours per week. Some private sector firms failed to provide employees 
with family and transport allowances as stipulated under the law and 
did not register them with the National Social Security Fund (NSSF). 
Employers sometimes registered their employees with lower salaries to 
decrease their contributions to the NSSF and their end-of-service pay 
to the employee. Some companies did not respect legal provisions 
governing occupational health and safety, for example, in the 
construction industry. Workers may report violations directly to the 
CGTL, Ministry of Labor, or NSSF. In most cases they preferred to 
remain silent for fear of arbitrary dismissal.
    Some employers mistreated, abused, and raped foreign domestic 
workers, who were mostly of Asian and African origin. Domestic workers 
often worked long hours and in many cases did not receive vacations or 
holidays. There was no official minimum wage for domestic workers. 
Official contracts stipulate a wage ranging from 150,000 to 450,000 
pounds ($100 to $300) per month, depending on the nationality of the 
worker. Migrant domestic workers are granted increased labor 
protections through a unified standard contract, which is registered 
with the DGS in order for the worker to obtain residency. The contract 
covers terms and conditions of employment but the section covering 
wages is completed individually. Victims of abuse may file civil suits 
or seek legal action, often with the assistance of NGOs, but most 
victims, counseled by their embassies or consulates, settled for an 
administrative solution that usually included monetary compensation and 
repatriation.
    Perpetrators of abuses were not further prosecuted for a number of 
reasons, including the victims' refusal to press charges and lack of 
evidence. An unknown number of other cases of nonpayment of wages were 
settled through negotiation. According to source country embassies and 
consulates, many workers did not report violations of their labor 
contracts until after they returned to their home countries, as they 
preferred not to stay in the country for a lengthy judicial process. On 
October 10, pursuant to Article 554 of the Penal Code, a judge 
convicted an employer in absentia of physically abusing a domestic 
worker. The employer was sentenced to 10 days' imprisonment and 
required to pay the domestic worker compensation totaling 980,000 
pounds ($666).
    Foreign migrant workers arrived in the country through local 
recruitment agencies and source country recruitment agencies. Though 
all recruitment agencies must have a license from the Ministry of 
Labor, the government did not adequately monitor their activities.

                               __________

                                 LIBYA

                           EXECUTIVE SUMMARY
    At year's end, a 38-day-old interim government began to exercise 
authority in Libya, formerly the Great Socialist People's Libyan Arab 
Jamahiriya. After eight months of civil war, ending with the ouster of 
the Qadhafi regime, construction of a republican form of government 
began. The opposition leadership in the Transitional National Council 
(TNC), which was formed on February 27, exercised executive authority 
prior to naming an interim government on November 23 and thereafter 
acted in a de facto legislative capacity as an arm of the government 
engaged in transition planning. Adopted by the TNC on August 3, Libya's 
Constitutional Declaration provides the basis of governance and allows 
for the exercise of a full range of political, civil, and judicial 
rights, including Article 3, which safeguards freedom of expression and 
assembly, and Article 8, the right to due process--rights that the 
Libyan people were systematically deprived of during Qadhafi's 42-year 
rule. While Qadhafi-era laws that did not contravene the declaration 
remained in force, the applicability of former laws remained unclear at 
year's end, due in large part to the absence of functioning courts. 
Although an indirect electoral system existed on paper under Qadhafi, 
in practice his inner circle monopolized all positions of power and 
security forces reported to them. During the conflict and in the brief 
period that followed until the end of the year, the TNC and later the 
interim government had yet to establish full political or military 
control over the country. In the 10-week period after the TNC declared 
the country's ``liberation'' on October 23, few security forces 
reported to the interim authorities, while militias acted sometimes in 
concert with government directives but did so more often autonomously.
    Qadhafi's fall ended an era of systematic, state-sanctioned human 
rights violations. Although human rights abuses did continue to occur, 
most frequently in areas where the TNC had yet to exert influence over 
militias, the scope and extent of abuse in the country measurably 
diminished following the end of the Qadhafi regime in October. The 
Qadhafi government's immediate response to protests begun on February 
15 was to crack down on dissent, using excessive and violent force 
against civilians. Protests rapidly evolved into armed clashes, 
escalating into a nationwide armed conflict. Qadhafi's death on October 
20 and the takeover of his last stronghold of Sirte ended the conflict. 
While the transition led to a relatively free political environment--
apart from hostility to real and perceived Qadhafi loyalists--the new 
authorities lacked the capability to fully protect civil and judicial 
rights in practice.
    During the year the most significant human rights problems stemmed 
from the Qadhafi regime's denial of its citizens' right to peacefully 
change the government. While human rights violations were reportedly 
committed by both sides, Qadhafi's government was responsible for the 
bulk of abuses committed during the armed conflict. A legacy of decades 
of sustained oppression, corruption, and organizational dysfunction 
challenged efforts by both the interim government and the TNC to 
enforce the rule of law. Continuing violence, organizational 
dysfunction, and widespread corruption further degraded the human 
rights environment. Militias were largely responsible for continued 
human rights abuses following the end of the war.
    The Qadhafi regime carried out a deliberate policy of human rights 
abuse. The following other important governmental human rights abuses 
and societal problems were reported: extrajudicial killings; excessive 
and indiscriminate use of force against antigovernment protesters, 
civilians, and civilian facilities; disappearances; torture and other 
cruel, inhuman, or degrading treatment or punishment, including rape; 
poor conditions in frequently illegal detention and prison facilities; 
arbitrary arrest and detention; impunity; denial of fair public trial; 
political prisoners and detainees; feeble judicial authority; arbitrary 
interference with privacy and home; use of excessive force and other 
abuses in internal conflicts; restriction on humanitarian aid to 
civilians; limits on freedoms of speech, press, assembly, and 
association; restrictions on freedom of movement; internally displaced 
persons (IDPs); lack of transparency and significant, widespread 
corruption at all levels of government; constraints on international 
and nongovernmental organizations' (NGOs) investigations of alleged 
violations of human rights; discrimination against and societal abuses 
of women and ethnic and racial minorities, including foreign workers; 
trafficking in persons; and limitations on labor rights in practice, 
including forced labor.
    Impunity for abuses was a serious problem. Although revolutionary 
militias detained abusive Qadhafi-era officials, there was no 
functioning judicial system to try them. Similarly, with the judiciary 
still not functioning, the interim government had not taken steps by 
year's end to prosecute opposition militia members and fighters who 
committed abuses during and after the conflict.
    During the year opposition forces reportedly violated human rights 
and humanitarian norms. Militias and their supporters--which were not 
fully under the control of the TNC or transitional government 
authority--committed unlawful killings, other physical violence, and 
other abuses. Principal targets were actual or suspected detained 
Qadhafi soldiers or supporters, possible sub-Saharan African 
mercenaries or dark-skinned Libyans, and former members of the security 
forces. Disappearances, illegal detentions, and imprisonment of persons 
on political grounds occurred, as did looting and further violence. 
Vulnerable civilian populations, including ethnic minorities and 
migrants, faced discrimination and violence during and after the 
conflict.
    The lack of independent observers and communications disruptions, 
particularly in Western Libya, resulted in a heavy reliance on 
secondary sources in the preparation of this report.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were 
widespread reports that the Qadhafi government and its agents, as well 
as opposition forces and their supporters, committed arbitrary or 
unlawful killings, including of civilians.
    Violent government responses to protests in February led to 
civilian deaths. In the eastern part of the country, according to 
Amnesty International (AI), most protester fatalities occurred in 
Benghazi and al-Bayda, where security forces met peaceful protests with 
excessive and lethal force beginning on or about February 16 and 17. 
When protests turned violent, particularly after February 18, security 
forces responded using automatic assault rifles to fire into crowds 
without warning and did not employ precautions to minimize harm, firing 
live ammunition in the streets and from rooftops, targeting protesters 
and bystanders outside and indoors, well as those attempting to rescue 
the wounded. Scores of deaths in the East due to wounds to the head, 
neck, and chest suggested that Qadhafi forces were given shoot-to-kill 
orders. In February alone, hundreds were reported killed. Most of the 
victims were reportedly unarmed protesters, while a smaller number were 
armed protesters and defectors killed in clashes with Qadhafi security 
forces. Government forces subsequently fired on protesters in other 
cities, including Misrata, Tripoli, Zawiya, Zintan, Kufra, and towns in 
the Nafusa Mountains, among others. Qadhafi security forces also 
rounded up and detained those suspected of political dissent, in many 
cases detaining them without food or water, leading to numerous deaths. 
Qadhafi forces also conducted attacks on Zawia, Zintan, Ajdabiya, and 
other cities, leading to heavy damage of residential areas and large 
numbers of civilian deaths.
    In the East in mid-February, anti-Qadhafi armed groups reportedly 
killed police, soldiers, security force members, and suspected 
mercenaries and loyalists captured in and around al-Bayda, Benghazi, 
and Derna. When military facilities were overrun, Qadhafi loyalists 
were in some cases hanged, beaten to death, or shot and killed after 
being captured or surrendering. Armed groups also killed various sub-
Saharan nationals, accused of mercenary activity, and at times 
displayed their bodies publicly, including two reported incidents of 
hanging in al-Bayda and Benghazi. On February 18, anti-Qadhafi groups 
took control of the military airbase in Derna and reportedly executed 
approximately 50 suspected African mercenaries and two others, 
according to indirect reporting provided to AI.
    As confrontations between protesters and security services turned 
more violent after February 18 and 19, in part due to police and 
security services defections, the violence escalated into a large-scale 
internal armed conflict in late February, and all groups involved 
committed further arbitrary or unlawful killings (see section 1.g.).

    b. Disappearance.--Qadhafi-era law includes provisions against 
enforced disappearance that neither the Qadhafi regime nor its armed 
opponents respected in practice. The TNC made several declarations 
rendering null the ``special security'' provisions of Qadhafi laws, 
some of which facilitated political repression. Prior to and during the 
conflict (see also section 1.g.), the Qadhafi government pursued a 
campaign of enforced disappearances, rounding up persons suspected of 
supporting the opposition, including known activists or critics, online 
dissidents, journalists, protesters, and migrant workers. Other 
categories included members of the armed forces that refused to fire on 
protesters or joined demonstrations as well as those who later 
disappeared in combat. Activists and government critics reportedly 
began disappearing in al-Bayda, Benghazi, Misrata, and Tripoli in 
advance of popular protests widely planned for February 17.
    The total number of persons subjected to forced disappearance by 
the Qadhafi regime remained unknown at year's end; however, reported 
estimates included thousands of persons, some of whom rights groups 
presumed were unlawfully killed upon capture or in captivity. The 
Qadhafi government did not share details about those held or their 
location, strictly increasing its limitations on visits by independent 
organizations to only certain Ministry of Justice-equivalent facilities 
in January and February.
    The discovery of numerous mass graves revealed the remains of those 
killed in previous years in addition to others apparently killed en 
masse by Qadhafi security forces during the conflict (see section 
1.g.). For example, on September 25, anti-Qadhafi groups found a mass 
grave near the prison in Tripoli reportedly containing the remains of 
an estimated 1,200 prisoners killed in 1996 by prison guards during 
riots. According to AI, most of the prisoners were previously the 
victims of enforced disappearances. In addition, pro-Qadhafi forces 
buried 170 bodies in a mass grave in Bin Jawwad; some of the deceased 
had been executed.
    Anti-Qadhafi groups reportedly conducted targeted disappearances 
against suspected or real Qadhafi supporters (see section 1.g.). This 
practice continued after the establishment of the interim government.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Under Qadhafi the law prohibited such practices, with the 
exceptions of judicially sanctioned corporal punishments such as 
amputation and flogging. There was no information as to whether such 
punishments were carried out. The Constitutional Declaration stated 
that no punishment could be implemented outside the law.
    The Qadhafi government's security personnel routinely tortured and 
abused detainees and prisoners, including political opponents, during 
interrogations or as punishment. Frequent methods reportedly included 
electric shocks, beatings, targeted beating on the soles of the feet, 
hanging or contortion of the body for prolonged periods, sleep 
deprivation, solitary confinement, and burning of the skin with 
cigarettes during interrogation. Testimonies from those detained in 
Sirte or Tripoli by the Qadhafi regime indicated that torture and 
mistreatment were common during arrest and the initial period of 
detention (see section 1.g.).
    Following the fall of Qadhafi, fighting forces and militias largely 
outside the command of the interim government or the TNC filled the 
security vacuum and some reportedly violently abused detainees and 
prisoners. Treatment varied from facility to facility and was typically 
worst at the time of arrest. Reported abuses included beatings across 
the body with belts, sticks, rifles, and hoses; administration of 
electric shocks; and threats of rape. In one case, media and rights 
groups documented severe abuse of detainees, including IDPs, by 
militias in Misrata, especially former residents of Tawargha, during 
the internal conflict and afterwards (see also section 1.g.). Abuses 
against detainees, particularly alleged Qadhafi loyalists and sub-
Saharan Africans aligned with Qadhafi, were similarly reported at other 
militia-run facilities throughout the country.

    Prison and Detention Center Conditions.--According to international 
organizations and rights groups, Qadhafi government prison and 
detention center conditions ranged from poor to adequate in formal 
facilities, but there was scant information available about conditions 
inside prisons. As a result of the conflict, makeshift facilities 
appeared throughout the country to accommodate detainees collected by 
all sides. In such cases conditions were uneven and varied widely, but 
consistent problems included overcrowding; insufficient food, water, 
and ventilation; the lack of basic necessities such as mattresses; and 
poor access to hygiene and health care. There were reports that the 
Qadhafi government used informal facilities, including but not limited 
to warehouses, military buildings, shipping containers, and other 
venues, in addition to formal detention facilities. Militias reportedly 
detained persons at schools, former government military sites, and 
other informal venues, including private homes and, in one case, a 
soccer club. In the aftermath of the conflict, prison and detention 
conditions were largely but not entirely under government authority, 
and conditions in some were poor to the point of being life 
threatening.
    The total number of prisoners and detainees was unknown. The 
International Committee of the Red Cross (ICRC) reported that it 
visited 14,000 detainees in 100 detention facilities during the year. 
At year's end, the ICRC caseload was approximately 8,500 detainees in 
68 facilities under the control of local councils, militias, private 
individuals, or in some cases reported criminal enterprises. The ICRC 
did not register every detainee at each site, suggesting that the total 
number of those held were higher. Men and women were reportedly held 
separately; there was no information available about conditions 
specifically for women. Human rights organizations reported that 
militias held minors with adults. There was no credible ombudsman who 
could serve on behalf of prisoners and detainees.
    During the Qadhafi era, the government did not allow independent 
monitoring of prison conditions by independent NGOs, the media, or 
international human rights groups. International organizations had some 
access to Ministry of Justice-run prisons but not to security services' 
facilities. The Internal Security Organization (ISO) controlled two 
main prisons in Tripoli, Abu Salim and Ain Zara, as well as numerous 
unrecognized facilities outside of legal remit and not accessible to 
independent monitors. According to AI, there were no known independent 
monitor visits to the Abu Salim or Ain Zara prisons, the Salaheddin 
detention facility in Tripoli, or the military police barracks in 
Sirte, a city where many of the missing were thought to be held by 
Qadhafi forces.
    The ICRC opened an office in the country and generally had good 
access to facilities and known informal detention sites under the 
control of the TNC and revolutionary militias; access for other 
international organizations varied.

    d. Arbitrary Arrest or Detention.--The Qadhafi-era criminal code 
establishes procedures for pretrial detention and prohibits arbitrary 
arrest and detention, but the Qadhafi regime did not observe these 
prohibitions. There were reports that Qadhafi security forces 
arbitrarily arrested and detained citizens without formal charges and 
held them indefinitely without court convictions. At year's end, the 
interim government had little control over police and regional militias 
providing internal security and also did not observe these 
prohibitions. After the fall of Qadhafi, certain armed groups, 
including militias, carried out illegal and arbitrary detentions 
through the end of the year.

    Role of the Police and Security Apparatus.--The Qadhafi regime 
maintained an extensive security apparatus of police and military 
units, multiple intelligence services, local ``revolutionary 
committees,'' ``people's committees,'' and ``purification committees.'' 
The result was a multilayered, pervasive surveillance system that 
monitored and controlled the activities and everyday lives of 
individuals. In theory military and internal security forces were under 
direct civilian control through the Jamahiriya, or ``sovereignty of the 
masses'' system. In practice an inner circle of elites close to Qadhafi 
wielded total control. The police and ISO shared responsibility for 
internal security. The armed forces and External Security Service were 
responsible for external security.
    During the conflict and in the 10 weeks after the fall of the 
regime in October, there was no coherent or effective national police 
and security force. The collapse of state institutions led to a 
security and institutional vacuum. The tasks of policing during and 
after the conflict often fell to self-constituted decentralized 
militias which often exercised police power largely without training, 
supervision, or accountability.
    There were no known automatic judicial mechanisms for investigating 
abuses by new postrevolutionary security forces. There were reports 
that emerging security institutions lacked control in the militia-
dominated environment and did not always respond to societal violence.

    Arrest Procedures and Treatment While in Detention.--The Qadhafi-
era law stipulated that a warrant is required for arrest but that 
authorities can obtain permission to detain persons without charge for 
as long as eight days after arrest. The law also specified that 
detainees be informed of the charges against them and that, for a 
detention order to be renewed, detainees must be brought before a 
judicial authority at regular intervals of 30 days. In practice the 
Qadhafi government did not adhere to these provisions, at times holding 
detainees indefinitely, arbitrarily, and secretly, without charges or 
process.
    Following the outbreak of the revolution and attendant breakdown of 
judicial institutions and process, the interim government and 
opposition forces also arbitrarily detained persons, holding them in 
formal and informal locations, including unknown locations for extended 
periods without formal legal charges or legal authority. In some cases 
orders for arrest came from official or quasiofficial sources. At times 
during the conflict, the opposition military command or the TNC formed 
committees that issued orders and warrants to militias for the arrest 
of certain individuals. One notable example occurred on July 28, when 
TNC military commander Abdelfatah Younis was arrested under the 
authority of a TNC committee. He was subsequently killed while in 
militia custody in Benghazi.
    Under Qadhafi the law provided for bail, access to counsel for 
pretrial detainees, and a public defender for anyone unable to afford a 
private attorney. The Constitutional Declaration recognizes the right 
to counsel. During the year the vast majority of detainees by both the 
Qadhafi and revolutionary forces were not known to have had access to 
bail or a lawyer.
    Incommunicado detention was a severe problem. The Qadhafi 
government, militias, and post-Qadhafi authorities held detainees 
incommunicado for unlimited periods in unofficial and unknown detention 
centers.
    Qadhafi-era law allowed women and girls, some of whom were victims 
of gender-based or domestic violence suspected of violating moral 
codes, to be detained in ``social rehabilitation'' facilities. They 
could be detained indefinitely without access to legal representation 
or the opportunity to contest their detention in court. Women at these 
sites could be released only to their families, often the source of the 
threat to their safety. Following the conflict, it was unclear whether 
this practice of detention without review was considered legal or 
continued.

    Arbitrary Arrest.--The criminal code under Qadhafi prohibited 
arbitrary arrest and detention, but the Qadhafi government did not 
observe these prohibitions. Arbitrary arrest was widespread throughout 
the year and was employed by Qadhafi authorities and a range of often 
autonomous armed groups that conducted arrests without legal authority. 
It was unclear at year's end if the new authorities abided by the 
Qadhafi government's criminal code.
    Qadhafi security services arrested activists, writers, and members 
of the opposition in the lead-up to planned protests on February 17. 
For example, on February 1, plainclothes police arrested Jamal Haji, a 
former political prisoner and human rights activist, in Tripoli after 
he called online for prodemocracy demonstrations. Authorities justified 
his arrest on the grounds of an alleged traffic violation. On February 
15 in Benghazi, secret police arrested Fathi Terbil, a human rights 
activist and lawyer coordinating the defense for families of Abu Salim 
prisoners who had planned a demonstration related to the cases of 100 
prisoners whose bodies were never returned.
    Anti-Qadhafi groups also conducted widespread arbitrary arrests in 
the areas under their control. Following the outbreak of the conflict, 
members of the opposition in Benghazi arbitrarily and extrajudicially 
arrested suspected Qadhafi loyalists; ISO or revolutionary committee 
members; people accused of ``subverting the revolution"; and sub-
Saharan Africans, often migrants, suspected of mercenary activity, 
according to AI. Militias across the country arrested many migrants in 
the areas under their control, particularly in Tripoli following its 
capture by revolutionary forces in August.
    While some detainees were released, approximately 8,500 persons 
remained in detention by the transitional government and prorevolution 
groups at year's end. Some international organizations claimed that 
this figure was significantly underestimated. As of year's end, the 
interim government had not reconstituted the courts or justice system, 
and very few detainees had access to counsel, faced formal charges, or 
had the opportunity to challenge their detention before a judicial 
authority.

    Pretrial Detention.--Most persons in detention at year's end had 
been detained by militia groups without charges and outside of the 
interim government's authority. Decentralized control of the security 
environment among militia groups and a largely nonfunctioning judiciary 
prevented most detainees from accessing a review process, meaning that 
few detainees were formally held in a pretrial status.

    Amnesty.--In a de facto amnesty, opposition troops opened Abu Salim 
prison while capturing Tripoli in August, releasing hundreds of the 
Qadhafi government's opponents and political prisoners. In early 
November the press reported that, on the occasion of Eid al-Adha, the 
TNC released hundreds of prisoners from facilities under its direct and 
indirect control. Those released were primarily Libyan citizens who 
assisted or fought with Qadhafi forces.

    e. Denial of Fair Public Trial.--Qadhafi law and the Constitutional 
Declaration provide for an independent judiciary and stipulate that 
every person has a right to resort to the courts, but the judicial 
system under Qadhafi was not independent in practice and was often 
subject to interference. As a result of the conflict, the judicial 
system collapsed. Although the new government pledged to restore 
judicial functions, at year's end, the judiciary remained largely 
ineffective and unable to dispense justice. Thousands of persons held 
in detention had not received a trial, and no investigations had been 
initiated into alleged abuses by either pro- or anti-Qadhafi groups. In 
addition, judges cited concerns about the overall lack of security in 
cities and around the courts as one of the reasons that they had not 
yet returned to work, further hindering the reestablishment of the 
judiciary.

    Trial Procedures.--The law under Qadhafi and the interim government 
provides for the presumption of innocence and the right to legal 
counsel, provided at public expense for the indigent. During the year 
these standards were generally not respected in practice. Qadhafi 
security agents and largely independent revolutionary militias detained 
persons without legal authority, undermining the prospect of fair 
public trials.
    As of year's end, neither the interim government nor the TNC before 
it had taken known steps to formalize the status of irregularly held 
detainees or transfer them into the paralyzed legal system. As of 
year's end, no known criminal trials had been undertaken by the 
judiciary under the control of post-Qadhafi authorities.

    Political Prisoners and Detainees.--Under the Qadhafi government, a 
large but unknown number of persons were in detention or imprisoned for 
engaging in peaceful political activity or belonging to an illegal 
political organization. Political prisoners held in Abu Salim Prison, 
some for more than 15 years for security-related offenses, were also 
subjected to disappearance after protests began in February, according 
to AI. The families of more than 100 such prisoners were unable to 
establish contact with them from mid-February, but in late August some 
of these long-term political detainees reemerged once opposition forces 
took control of Abu Salim Prison (see section 1.d., Amnesty).
    The TNC, interim government, and various militias, to the extent 
that they controlled security forces, held persons in a variety of ad 
hoc facilities on political grounds, particularly former Qadhafi 
officials, ISO members, and others accused of ``subverting the 
revolution.''

    Civil Judicial Procedures and Remedies.--Under Qadhafi citizens did 
not have access to courts to seek damages for or demand cessation of 
human rights violations perpetrated by his regime, although in a series 
of special cases, some released political prisoners were legally able 
to seek compensation through the court system beginning in 2010. 
Citizens did not have the right to seek redress in civil court for 
Qadhafi-era security service actions.
    The Constitutional Declaration provides for the right to resort to 
the judiciary, but the post-Qadhafi judicial system did not have the 
capacity to provide citizens' access to civil remedies for human rights 
violations. Under TNC and interim government control, some civil 
proceedings restarted, albeit unevenly, in different parts of the 
country.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Qadhafi-era law prohibits such actions, but the 
government did not respect the prohibitions in practice. Until the fall 
of the regime in October, Qadhafi security forces regularly entered 
private homes of those accused of supporting the opposition and seized 
and hoarded belongings. As revolutionary groups gained territory 
throughout the conflict, there were also reports of similar behavior by 
militias. In particular, press reports after the fall of Tripoli in 
late August suggested a number of break-ins and thefts by incoming 
regional militias, at times targeting suspected Qadhafi supporters.
    In addition to maintaining a widespread informant network (see 
section 1.d.), the Qadhafi government routinely monitored telephone 
calls and Internet usage, including e-mail communication, reportedly 
increasing such monitoring prior to the February protests and 
throughout the conflict. There were no known reports that the TNC or 
transitional government monitored private communications or had the 
capacity to do so.
    In areas under their control, Qadhafi authorities increased their 
ongoing policy of collective punishment of relatives of certain 
individuals, particularly oppositionists. In previous years this often 
amounted to structural discrimination by curbing access to public 
utilities or works. During the unrest it included direct intimidation 
and sometimes arrest of family members. Although the transitional 
government was not responsible for such behavior, it was unable to 
deter militia groups from pursuing reported attacks or discrimination 
on similar grounds. For example, rights groups reported that militia 
and armed actors' intimidation and violence against dark-skinned 
displaced persons from Tawargha, a town from which Qadhafi forces 
launched their siege of Misrata, which amounted to collective 
punishment of Tawarghans for attacks by Qadhafi's forces on Misrata 
during the first months of the conflict (see sections 1.g.).

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The period of broad-scale internal armed conflict lasted from late 
February, after protests in the East and West escalated into rebellion, 
until the TNC declared ``liberation'' of the country on October 23. 
Beginning in February and March, Qadhafi forces met protesters with 
excessive and often deadly force (see section 1.a.). Localized 
opposition activities evolved into an armed conflict by late February, 
with regular clashes between government forces and armed opposition 
fighters continuing until October. Opposition fighter groups were often 
composed of disparate local movements, rather than a cohesive national 
resistance, which only began demonstrating effective offensive 
coordination by August. Investigations by the prosecutor of the 
International Criminal Court (ICC), the U.N.-appointed International 
Commission of Inquiry on Libya (COI), and international human rights 
organizations reported evidence of Qadhafi forces' killings, forced 
disappearances, arrest and imprisonment, torture, persecution of 
civilians, rape, forcible transfers, intentional restrictions on 
humanitarian access to afflicted populations, and attacks on civilians. 
In its attempt to regain areas taken by the opposition, these forces 
launched a military campaign that included both deliberate killings and 
indiscriminate use of force, which NGO observers described as 
widespread and systematic. Prorevolution opposition fighters, many 
grouped into loosely organized bands and regionally based militias, 
also engaged in deliberate killings, arbitrary arrest and imprisonment, 
and other abuses. Abuses by unknown actors also occurred.

    Killings.--In its attempts to quell protests, silence critics, and 
respond to armed opposition, Qahdafi forces failed to take sufficient 
precautionary measures to protect civilians and in various cases 
directly targeted civilians with intent to kill, according to various 
rights groups. In a May 4 report, the ICC prosecutor asserted that the 
shooting of protesters and persecution of civilians alleged to support 
the opposition was systematically employed as a matter of policy. The 
regime's use of force was reported to be disproportionate, according to 
rights groups, in areas across the country. For example, according to 
AI reports, regime forces fired live ammunition and heavy weapons, 
including tank shells and rocket-propelled grenades, at fleeing 
residents and set up antiaircraft guns in streets, firing at and 
killing protesters. Such disproportionate force caused deaths from 
serious injuries, including dismemberment and severing of the torso, 
according to the COI. In Tripoli and elsewhere, government efforts to 
cover up evidence of killings by removing bodies from streets and 
hospitals made confirming the number of deaths difficult.
    Qadhafi's campaign of enforced disappearances, which deliberately 
targeted opposition supporters in addition to arbitrarily targeting 
civilians, led to extrajudicial killings. Executions of persons held by 
Qadhafi forces were reportedly common upon withdrawal of Qadhafi forces 
from areas where opposition troops were advancing. For example, 
according to a September 14 Human Rights Watch (HRW) report, 34 bodies 
discovered in a mass grave in al-Qawalish in western Libya, in addition 
to three others nearby, were likely the bodies of men detained by 
Qadhafi forces at checkpoints or taken from their homes in early June 
and executed upon the retreat of Qadhafi forces from the area. Exhumed 
bodies with bullet wounds were found blindfolded and their hands bound. 
Local testimonies collected by HRW claimed that identified victims were 
from the nearby town of al-Qal'a and included at least nine men over 
60, including an 89-year-old individual.
    The Qadhafi regime's use of snipers on rooftops was widespread, 
with media reports of snipers deliberately shooting and killing both 
civilians (including children) and opposition combatants in cities 
across the country, including but not limited to Adjdabiya, Misrata, 
Tripoli, and Zawiyah.
    Qadhafi forces also used indiscriminate force during the conflict, 
often in efforts to regain control of opposition-controlled areas, 
affecting noncombatant residents. According to widespread reporting, 
Qadhafi forces used imprecise heavy weaponry and munitions, including 
cluster munitions, rocket launchers, mortars, and artillery shells, to 
attack dense urban areas in various regions. The use of force in 
residential areas led to widespread reports of civilian deaths and 
injuries, including children.
    While Qadhafi forces' use of indiscriminate attacks was common 
across the country, damage was particularly severe in Misrata, which 
came under siege in February. Qadhafi's forces closed in on the city 
and attacked the port (which was the only avenue for humanitarian aid 
and evacuations), launching indiscriminate rocket attacks on 
residential areas until May, only to resume in mid-June and 
sporadically thereafter. The siege led to widespread reports of 
civilian deaths. Human rights groups also documented other 
indiscriminate tactics, such as using ball bearings in rockets. Qadhafi 
forces similarly conducted attacks on Zawia, Zintan, Ajdabiya, and 
other cities, leading to heavy damage of residential areas and large 
numbers of civilian deaths.
    Since the beginning of the armed conflict, opposition forces--
including independent militias and armed protesters--reportedly killed 
actual and suspected Qadhafi loyalists, sub-Saharan alleged 
mercenaries, and security force members, as well as persons who were 
accused of being Qadhafi supporters by virtue of their location or 
darker skin color. As the conflict progressed, NGOs reported that a 
pattern of targeted attacks appeared against regime loyalists, 
including members of revolutionary committees, and Revolutionary Guard 
and ISA members.
    In various instances opposition fighters reportedly killed Qadhafi 
loyalists and civilians and captured (and sometimes injured) fighters 
as they advanced on major cities, including Tripoli and Sirte. For 
example, on August 25 and 26, the media widely reported on the 
discovery of approximately 30 bodies of Qadhafi fighters in a pro-
Qadhafi encampment in Tripoli, two of which had hands bound with 
plastic handcuffs. Press reports speculated that those killed may 
likely have been surrendered or captured by pro-Qadhafi combatants. 
Nevertheless, the scale of killing by opposition forces was less than 
the scale of killings by Qadhafi forces during the conflict.
    Following a firefight on October 20, Misrata fighters detained and 
later killed Mummar Qadhafi shortly after capture. His son, Muatassim, 
was also captured and was filmed alive in captivity but later was 
reported dead in uncertain circumstances. HRW found approximately 95 
bodies at the site where Qadhafi was captured; between six and 10 
bodies had gunshot wounds to the head and body and had apparently been 
executed at the site.
    On October 23, HRW found 53 bodies, some later identified as 
civilians and Qadhafi loyalists and some of which showed signs of 
having been treated for previous injuries before dying, in the Mahari 
hotel in Sirte. According to HRW, the hotel was under the control of 
Misrata opposition fighters around the time the killings were estimated 
to have taken place. The names of five Misrata brigades were written on 
hotel walls, including al-Nimer, al-Isnad, al-Fahad, al-Asad, and al-
Qasbah.
    There were additional reports that numerous deaths in custody 
occurred due to mistreatment. For example, HRW reported that in late 
August guards at the Zarouq School detention facility in Misrata beat 
to death Ashraf Salah Muhammad, a mentally ill man from Tawargha, in an 
attempt to learn a password for a radio.
    Opposition fighters, with fewer and more selectively targeted 
weapons, also reportedly engaged in indiscriminate attacks during 
combat, albeit on a more limited scale. Information remained sparse on 
opposition militias' activities in this regard, although anti-Qadhafi 
forces launched Grad rockets around Dafniya, Misrata, Sirte, and 
possibly Tawargha, according to AI.
    The discoveries of multiple mass graves across the country, 
particularly in the capital, indicated that deliberate killings were 
widespread, yet in many cases identifying the specific individuals 
responsible was difficult. Following the capture of cities in the West, 
opposition forces discovered several mass graves containing remains 
dating from the conflict as well as prewar graves. On October 6, for 
example, a mass grave thought to contain an estimated 200 bodies was 
found in Gargarish, on the coast just north of Tripoli, according to 
media reports. Unidentified and sometimes bound corpses found across 
Tripoli, including in hospitals following the seizure of the city by 
the opposition, were attributed to killings by regime or opposition 
forces, depending on the source of the reporting.

    Abductions.--Information was lacking about the whereabouts of 
persons who disappeared during the fighting or were abducted and 
detained when Qadhafi forces retreated from areas. While scores of 
persons disappeared due to alleged support of the opposition or 
participation in protests, others disappeared when Qadhafi forces in 
reprisal campaigns arrested and enforced disappearances of adults and 
children on the street, at mosques, and during home raids, such as in 
Misrata, Zawiya, and Zuwara, according to rights groups. Family 
testimonials to the international NGO Physicians for Human Rights (PHR) 
reported that Qadhafi forces kidnapped, raped, and held girls and 
women, sometimes for days at a time. It was unclear at year's end if 
kidnapped persons were killed, held for ransom, or later released. 
Other civilians disappeared after leaving opposition-held areas, often 
when attempting to travel to purchase basic necessities.
    Opposition forces detained civilians, including sub-Saharan 
migrants and Qadhafi loyalists, often arbitrarily and without legal 
authority, and transported detainees when forces moved between 
locations during and after the conflict. Following the seizure of 
Tripoli, some opposition forces pursued an informal campaign of 
arresting and holding hostage migrant workers, including women, on the 
grounds that they were suspected Qadhafi loyalists or mercenaries. They 
were held in a range of informal facilities in the capital, including 
schools, and many had been released by year's end.

    Other Conflict-Related Abuses.--Civilians, including foreign 
nationals, were vulnerable to abuses by both Qadhafi and opposition 
forces, including arbitrary detention and torture. Civilians were 
reportedly subject to different forms of mistreatment and attack by 
Qadhafi forces because of their suspected association with the 
uprising. A campaign of systematic arrests, torture, killings, 
deportations, enforced disappearances, violence, and rape was reported 
across the country that did not discriminate between civilians and 
fighters. Victims were civilians allegedly participating in 
demonstrations or supporting opposition fighters, activists, or 
journalists; those who communicated with foreign journalists; and some 
migrant workers who were forcibly expelled. Thousands of civilians, 
including children, were violently abducted from the streets, homes, 
and mosques. Their whereabouts remained unknown, often until they 
escaped or were freed. Some of these ``disappeared'' persons appeared 
on television ``confessing'' to membership in al-Qaida or acting 
against regime interests.
    Violence against civilians was particularly harsh after Qadhafi 
forces recaptured towns and appeared to enforce a policy of collective 
punishment.
    Media and human rights groups reported that both sides stirred a 
climate of racism that increased the vulnerability of sub-Saharan 
nationals and dark-skinned civilians, including violent attacks, 
robbery, beatings, and abuses such as sexual violence. Following the 
outbreak of violence, for example, Qadhafi claims that the opposition 
forces were supported by sub-Saharan African mercenaries led to 
widespread media reports of attacks on sub-Saharan workers in Tripoli.
    Opposition fighters and supporters reportedly abducted, arbitrarily 
detained, tortured, and killed former and suspected Qadhafi loyalists, 
government officials, and foreign nationals, including civilians, 
suspected of being mercenaries. In February groups of protesters 
assaulted, captured, and raided homes of sub-Saharan African and Libyan 
civilians in eastern and central parts of the country, including al-
Bayda, Benghazi, Derna, and Misrata. The number of such victims, 
including deaths, was difficult to corroborate due to local reluctance 
to disclose details of the attacks to rights groups, yet many victims 
reportedly wore civilian clothing. Some militias were responsible for 
widespread arbitrary arrests that took place. The number of reported 
attacks and arbitrary arrests decreased following the opposition's 
early victory in the East but spiked again following the capture of 
Tripoli. Incidents continued intermittently throughout the year.
    There were sporadic reports that opposition forces attacked some 
civilians when taking new areas. In mid-June and July, opposition 
fighters gaining Qadhafi-held territory in the West attacked property, 
including homes and hospitals, and beat some individuals alleged to 
have supported government forces in al-Awaniya, Rayayinah, al-Qawalish, 
and Zawiyat al-Bagu, according to HRW. In October HRW reported on 
increased looting, detentions, and abuse as opposition fighters 
increasingly took control of Qadhafi strongholds, claiming that the 
opposition did not take sufficient measures to protect civilians.
    There was widespread mistreatment of detainees arrested by Qadhafi 
forces. Victims were held outside the protection of the law, denied 
outside contact, and were particularly vulnerable to abuse. After 
opposition forces captured Tripoli and Sirte, where Qadhafi forces 
transferred scores of persons detained in different parts of the 
country, testimonies from released detainees gave consistent reports of 
severe mistreatment in captivity, some of which amounted to torture. 
Evidence of torture among dead detainees was documented by human rights 
groups in various parts of the country. There were various reports of 
forced confessions, abuse during interrogation, burying detainees in 
underground cells, and detainees shot in the foot. Abuses took place in 
formal prisons and other converted spaces such as schools, warehouses, 
and in some cases, shipping containers.
    Opposition groups also engaged in detainee abuse. Treatment varied 
widely from location to location, and abuse was not necessarily 
systematic. There were reports in March and April of abuse of captured 
security service members and civilian detainees, including perceived 
Qadhafi loyalists, sub-Saharan Africans, and dark-skinned Libyans, in 
the East in addition to their being held in poor and overcrowded 
facilities. Violence, including beating, was common at the time of 
capture, particularly for Qadhafi fighters caught on the battlefront, 
but treatment in detention varied. Bodies of Qadhafi fighters found 
with serious injuries, including near Zintan in July, suggested that 
opposition fighters in some instances engaged in abuses such as 
stripping, electrocution, decapitation, and beating.
    Misrata milita members reportedly violently abused detainees from 
Tawargha, a town near Misrata with a population of primarily dark-
skinned Libyans, due to allegations that they were complicit in 
Qadhafi's attacks and mistreatment of Misrata's population during a 
two-month onslaught, which included reported rapes and killings.
    Allegations of rape as a tactic of war by Qadhafi forces were 
widespread. On March 28, Iman al-Obeidi, a woman who said she was held 
by Qadhafi soldiers and raped over consecutive days, appeared at a 
Tripoli hotel to share her story with foreign journalists. The Qadhafi 
government responded to her allegations by publicly stating al-Obeidi 
was unstable, drunk, and potentially a prostitute. On May 19, the BBC 
reported the first widespread incidence of rape as Qadhafi forces 
retreated from Misrata. The ICC prosecutor's report called for 
investigations into reports that Qadhafi's forces used rape as a matter 
of policy. The PHR later documented evidence of military-sanctioned 
rape in Misrata.
    Some opposition forces reportedly engaged in rape, allegedly in 
retaliation for widespread use of rape by Qadhafi forces, but often in 
circumstances where witnesses did not come forward to identify a 
perpetrator.
    The use of land mines by Qadhafi forces without measures to prevent 
civilian casualties was widespread during the conflict, including in 
civilian and residential areas. The COI reported that such use of mines 
was indiscriminate. Mines identified by HRW and other groups in at 
least six locations included antipersonnel, antivehicle, and antitank 
mines as well as plastic mines. HRW reported that forces did not mark, 
monitor, or map minefields in cases of hand-planted mines near Ajdabiya 
and antipersonnel mines in Misrata. In addition, parachute Type 84 
Model A (antivehicle) mines were remotely launched into Misrata's port 
via Grad rockets, scattering mines across a wide area of the port and 
preventing the delivery of humanitarian aid, according to HRW. Qadhafi 
forces were similarly observed planting sea mines in the Misrata 
harbor. At year's end, there was no evidence that Qadhafi forces 
recorded the use of such scattered mines. There were no known reports 
of opposition forces using landmines.
    The restriction of relief supplies and humanitarian aid to isolated 
populations was a result of both intensive fighting and deliberate 
attempts by Qadhafi forces to restrict assistance to vulnerable 
populations. For example, heavy fighting in Zintan in late May forced 
humanitarian organizations to temporarily withdraw. Qadhafi forces 
additionally restricted humanitarian access, including medical aid and 
delivery of key items indispensable to the survival of the civilian 
population, in particular during their siege of opposition-held 
territory in the Western Mountains, including Zintan and Misrata.
    There were widespread reported violations by Qadhafi forces of 
medical neutrality during the conflict, in addition to attacks on 
health care workers, patients, ambulances, and medical facilities. By 
March the PHR reported incidents of armed men storming and shooting in 
medical facilities, attacks on medical professionals, disappeared 
patients, secret disposal of bodies from hospitals, gunmen using 
ambulances to fire on protesters, denial of medical staff and supplies, 
and cases where the injured were shot dead instead of being taken to 
hospitals. The COI reported that pro-Qadhafi forces entered Zawiya 
hospital to arrest patients with gunshot wounds (on the assumption that 
they were opposition fighters) and their doctors.
    Opposition forces also violated principles of medical and 
humanitarian neutrality. In July opposition forces looted medical 
equipment and vandalized medical facilities in the formerly Qadhafi-
held areas in Rayayinah, al-Awaniya, and Zawiyat al-Bagul in the West. 
Although there were reports that doctors tended to treat both 
opposition and Qadhafi fighters, on October 10, HRW reported that the 
``Kilometer 50'' field hospital west of Sirte had a policy of treating 
only opposition fighters and not injured Qadhafi loyalists or 
civilians. Denial of medical care by prorevolution doctors was not 
systematic, according to the PHR's observations.
    Throughout the conflict Qadhafi forces concealed tanks and heavy 
armor near civilians and civilian objects and in urban areas, including 
in Misrata, in what rights groups claimed was a deliberate attempt to 
use human shields as cover. For example, the PHR reported eyewitness 
accounts that, in April and May, Qadhafi troops forcibly detained 107 
civilians south of Misrata for use as human shields to guard munitions. 
There were no known reports of opposition forces using human shields.
    Civilians were forcibly displaced for reasons other than military 
necessity. In late March, in a campaign of shelling and violence 
against civilians in Misrata, Qadhafi troops forced thousands of people 
from their homes. In August violent activity and arbitrary arrests by 
Misrata militias in Tawargha led many Tawarghan civilians to flee the 
town, which had been previously used by Qadhafi forces as a base for 
attacks on Misrata. There were reports, including by the U.N. high 
commissioner for refugees, of armed men going door to door in the 
opposition-held East in early March in an attempt to force persons 
suspected of being sub-Saharan Africans to leave the country. The 
identities of the perpetrators could not be confirmed.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--Under Qadhafi, the law provided for freedom of speech ``within 
the limits of public interest and principles of the [1969] 
Revolution,'' but in practice freedom of speech and press was severely 
limited and censored, particularly criticism of government officials or 
policies. There were provisions in the penal code that criminalized 
``insulting public officials.'' The Constitutional Declaration provides 
for freedoms of opinion, expression, and the press, all of which the 
new postrevolution authorities generally respected.

    Freedom of Speech.--Freedom of speech was limited in law and 
practice under Qadhafi; the penal code provided life imprisonment for 
undermining the country's reputation and the death penalty for anyone 
who advocated changing the principles of the Qadhafi-era law or his 
political, economic, and social structures, which effectively 
prohibited all political activities and expression. The Qadhafi 
government enforced these provisions through widespread arrests of 
known online activists and government critics calling for protests in 
February (see section 1.d.). The TNC and subsequent interim government 
did not restrict freedom of speech.

    Freedom of Press.--Before the uprising the government censored, 
scrutinized, and controlled the media; newspapers often published 
articles provided by the state verbatim. As early as late February, the 
Qadhafi regime jammed independent broadcast media. It also restricted 
foreign journalists' ability to cover the unrest in areas under its 
control by requiring escorts and expelling foreign correspondents. The 
TNC and the successor interim government generally accommodated 
freedoms of expression, including online.

    Violence and Harassment.--In an attempt to stifle coverage of the 
unrest, from mid-February Qadhafi forces led a campaign of severe 
harassment of journalists, including abductions and detentions, 
violence, and movement restrictions. For example, on March 18 and 21, 
respectively, proregime gunmen in Benghazi shot and killed Ali Hassan 
Jaffer, a Qatari cameraman for al-Jazeera, and Mohammed Nabbous, a 
Libyan and founder of news channel Libya al-Hurra. Throughout the 
conflict in Tripoli, Qadhafi forces effectively detained foreign 
journalists at the Rixos Hotel, selectively limiting their movement and 
access to sites in order to influence their reporting. Other 
journalists were injured, captured, and in some instances killed on the 
front lines or traveling between conflict areas.

    Censorship or Content Restrictions.--The Qadhafi government 
effectively censored all media and restricted criticism, which was in 
part made possible by its ownership and control of virtually all print 
and broadcast media.

    Actions to Expand Press Freedom.--The TNC and interim government 
promoted a climate of free expression, provided for in the 
Constitutional Declaration, setting up a committee with the goal of 
establishing a climate favorable to a free press. The number of media 
outlets grew in the country. For example, as of May, 60 new print 
publications had been registered with the Benghazi Municipal Council.

    Internet Freedom.--A single government-owned service provider 
offered Internet access. The Qadhafi government actively attempted to 
impede the flow of information within, to, and from the country by 
cutting landlines and restricting the Internet and all other forms of 
communication. As of year's end, communications infrastructure had been 
largely restored to prerevolution levels, with functioning but 
inconsistent cellular telephone and Internet services.

    Academic Freedom and Cultural Events.--The Qadhafi government 
severely restricted academic freedom. The TNC's Constitutional 
Declaration specifically provides for freedom of scientific research. 
Following the end of the conflict, academics with a background studying 
or teaching Qadhafi's ``Green Book'' ideology faced discrimination.
    There were no known restrictions on cultural events under the new 
government. Amazigh communities, particularly in the West, were able 
for the first time in 42 years to use their language in public 
communications.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for peaceful assembly with prior approval, 
but in practice under Qadhafi peaceful meetings or demonstrations were 
generally allowed only when they were in support of the government. In 
April the ICC prosecutor reported evidence that officials planned to 
control demonstrations by using tear gas before resorting to shooting. 
Security forces responded to protesters in February and March with 
lethal violence, injuring and killing scores of peaceful civilians in 
addition to some armed protesters, many of which were reportedly 
security force defectors (see sections 1.a. and 1.g.).
    While the TNC and interim governments respected freedom of 
assembly, autonomous militias clashed violently with pro-Qadhafi 
protesters, for example, on December 28 in Tarhouna.

    Freedom of Association.--The Qadhafi government severely restricted 
the right of association and generally allowed only institutions 
affiliated with the government to operate. In areas under control of 
the opposition, which included the entire country by the end of 
October, the TNC and interim government respected and promoted freedom 
of association. The Constitutional Declaration included freedom of 
association for political and civil society groups. Libyans founded 
hundreds of self-styled NGOs, some of which supported the war effort. 
Other NGOs took on political colorings. The new government tolerated 
the emergence of nascent political groups and self-described parties.

    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.--Both Qadhafi-era law and the 
Constitutional Declaration recognize freedom of movement. However, both 
parties to the conflict restricted freedom of movement.
    The Qadhafi government allowed the Office of the U.N. High 
Commissioner for Refugees (UNHCR) to operate on a limited basis and 
provide some services but generally did not cooperate with it or other 
humanitarian organizations. The UNHRC operated throughout the conflict 
and provided services to refugees, returnees, and IDPs. The new 
government generally cooperated with the UNHRC and other humanitarian 
organizations in providing protection and assistance to IDPs, refugees, 
returning refugees, asylum seekers, stateless persons, and other 
persons of concern.

    In-Country Movement.--The Qadhafi government generally did not 
restrict freedom of movement within the country, apart from conflict 
zones. In-country movement became more dangerous as a result of the 
conflict, and after the conflict ended in October some autonomous 
militias imposed barriers to movement.

    Foreign Travel.--Under the Qadhafi regime, freedom to travel 
outside the country was at times restricted by the arbitrary seizure or 
nonissuance of passports.

    Internally Displaced Persons (IDPs).--As many as 240,000 citizens 
were internally displaced at the height of the conflict, as well as 
approximately 500,000 foreign workers. By the end of the year, all but 
65,000 citizens had returned home. Very few of the foreign workers 
returned to the country. The entire town of Tawargha, containing 35,000 
citizens, was displaced following the fall of the Qadhafi regime after 
Tawarghans faced Misrata militia violence for having served as a base 
for Qadhafi forces' siege of Misrata earlier in the year. Most 
Tawarghans remained displaced at year's end. More than 30,000 citizens 
and migrants from cities that experienced heavy fighting, including 
Ajdabiya, Sirte, Misrata, Bani Walid, and Ras Lanuf, also remained 
displaced. The U.N., ICRC, and NGOs provided assistance to IDPs during 
and after the conflict. The TNC and interim government did not have the 
capability to promote the safe, voluntary return, or resettlement of 
IDPs, nor were there adequate laws and policies in place to assist 
them.
    IDPs were vulnerable to abuses, such as armed attacks, widespread 
arbitrary detention, trafficking, forced labor, and reported gender-
based violence, from some militia forces or other armed groups. For 
example, at Sidi Bilal Port outside of Tripoli, there were reports in 
October that an estimated 450 sub-Saharan Africans were isolated and 
vulnerable, unable to reintegrate into the community due to fear of 
discrimination and violence. Refugees International reported that women 
were targets of sexual violence at the port and that local groups 
harassed men, accusing them of mercenary activity. On about October 23, 
armed men shot two sub-Saharan African men at the port. Local leaders 
were unwilling or unable to provide alternative sites for the migrants.
    Additionally, IDPs from tribes known to be loyal to the Qadhafi 
government, such as the Tawargha, Qawalish, and Mesheshiya, faced 
harassment, violence, intimidation, and discrimination. Opposition 
forces in Misrata arbitrarily arrested hundreds of Tawarghan IDPs, 
including women and children, and transferred them to detention in 
nearby Misrata, where rights groups and humanitarian reported there was 
serious mistreatment and torture.
    The Qadhafi government responded to conflict-induced displacement 
in areas under its control, such as Tripoli, Zlitan, al-Khums, and 
Gharian, by temporarily housing some IDPs in hotels, dormitories, and 
private homes, according to humanitarian organizations. There were no 
known efforts or policies to address permanent resettlement.
    Informal local coordination structures among the prorevolution 
population emerged during and after the conflict to address various 
humanitarian challenges, including the displaced population. The 
transitional government's efforts to address permanent resettlement had 
not begun by year's end.
    As of year's end, the TNC and interim government had not begun to 
address questions concerning laws and policies to protect IDPs in 
accordance with the U.N. Guiding Principles on Internal Displacement.
    Protection of RefugeesPrior to the conflict the UNHRC had 
registered an estimated 9,000 refugees from the Palestinian 
territories, Iraq, Sudan, Somalia, and other African countries, and 
identified approximately 3,700 asylum seekers in the country. Many 
registered refugees and asylum seekers fled to Tunisia, Egypt, and 
Europe during the conflict. As of year's end, the UNHRC office in Libya 
could not verify the numbers and nationalities of those who remained.
    More than 100,000 citizens and as many as 500,000 migrant workers 
fled the country during the conflict. By year's end nearly all citizens 
had returned, but only a negligible number of nonspecialized migrant 
workers had returned.
    The U.N. estimated that as many as 34,000 Syrians arrived in Libya 
beginning in May. The UNHRC found that many were fleeing general and 
targeted violence in Syria in addition to seeking economic 
opportunities in Libya. Only approximately 1,000 Syrians opted to 
register as refugees with the UNHRC.
    Access to Asylum: Neither the Qadhafi government nor the new 
transitional government established a system for providing protection 
to refugees or asylum seekers. The Constitutional Declaration 
recognizes the right of asylum and forbids repatriation of asylum 
seekers. Asylum seekers were not legally recognized as a class distinct 
from migrants in the country without residency permits. As such, 
refugees and asylum seekers were subject to laws pertaining to 
irregular migrants and were regularly held in detention. While the flow 
of persons across the border continued throughout the conflict, there 
were reports that hundreds to thousands of sub-Saharan Africans entered 
the country illegally near year's end.

    Refugee Abuse.--Some refugees faced abuses including killings, 
arbitrary detention, attacks on camps, and gender-based violence. 
Detention of sub-Saharan African refugees and migrants increased 
significantly after the fall of the Qadhafi government, when 
revolutionary forces rounded up and detained scores of sub-Saharan 
Africans on suspicion that they supported the Qadhafi regime or were 
complicit in abuses during the conflict. While the new government and 
affiliated militias subsequently released several thousand detainees, 
estimates of sub-Saharans detained in scattered detention sites ranged 
from 1,500 to 2,500 at year's end. The UNHRC, ICRC, and International 
Organization for Migration (IOM) were able to access many detention 
sites and provided basic assistance. Most detainees were not officially 
charged and had no access to review and judicial processes.
    In August an assessment team of several humanitarian agencies found 
3,000 to 4,000 sub-Saharan African migrants living in poor conditions 
in a camp, lacking basic services, including sufficient health care, 
near the town of al-Kufrah and reportedly having been subjected to 
physical abuse. In September humanitarian organizations reported that 
the living conditions for migrants camped outside Tripoli were very 
poor, with migrants reportedly lacked access to food, water, shelter, 
and medical care. Fear of violence of harassment caused migrants to 
avoid leaving the camp to collect necessary supplies.

    Stateless Persons.--By law citizenship is derived from birth in 
country or from a citizen parent; there are naturalization provisions 
for nonnationals.
    The UNHRC identified as many as 25,000 primarily nomadic Tuareg in 
the southwest who had been living in the country for several decades 
but held no citizenship documentation. The UNHRC estimated that the 
number of potentially stateless Tuareg could be as high as 100,000.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Under Qadhafi the country did not have a constitution, and there 
were no legal means for the people to change their government. 
Antigovernment groups took up arms against the government in a civil 
war that, after eight months, resulted in Qadhafi's fall and a 
political transition. A temporary Constitutional Declaration and road 
map for political transition guided the interim government's 
activities. The declaration, which defines the country as a democratic 
state deriving authority from the people, provides for a range of 
political, civil, and judicial liberties.

    Elections and Political Participation.--Recent Elections.--The 
Qadhafi-era ``Jamahiriya'' system of government included indirect 
elections for a layered pyramidal structure of committees. The most 
recent elections, held in 2009, were heavily influenced by Qadhafi's 
inner circle and the Revolutionary Committees and ultimately had no 
influence on the governance of the country, which was tightly 
controlled by Qadhafi. By the end of the year, the TNC was preparing to 
hold nation-wide elections in June 2012.

    Political Parties.--The Qadhafi government prohibited the creation 
of and membership in political parties. However, the TNC and interim 
government promoted freedom of political parties, associations, and 
other civil society organizations in the Constitutional Declaration and 
in practice. At year's end, political groups were in the process of 
formation under the interim government.

    Participation of Women and Minorities.--The 51-member TNC had one 
female member, and the interim government had two women among the 24 
ministers. Five Amazigh members of the TNC boycotted the government 
swearing-in ceremony to protest that no Amazigh were named to 
ministerial positions.
Section 4. Official Corruption and Government Transparency
    Laws stipulating criminal penalties for official corruption are 
unclear and were inconsistently applied under Qadhafi, when officials 
regularly engaged in corrupt practices with impunity. The transitional 
government and citizens called for prosecutions of Qadhafi regime 
officials' corruption.
    The Qadhafi-era law did not provide for financial disclosure by 
public officials or public access to government information, but 
popular demands for accountability and transparency from the interim 
government prompted it to pledge that it would pursue open practices, 
such as publicly disclosing budgets and oil contracts.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Under Qadhafi the government prohibited the establishment of 
independent human rights NGOs, and none operated in country. The TNC 
and interim government were receptive to international and local human 
rights organizations and were responsive to international observers.

    U.N. and Other International Bodies.--The new authorities generally 
cooperated with U.N. bodies, including human rights components of the 
United Nations Support Mission to Libya. However, as of year's end, the 
UNHRC had not secured a memorandum of understanding from the interim 
government that would allow it to expand its activities.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    Qadhafi-era law prohibits discrimination based on race, sex, 
religion, disability, or social status. The Qadhafi government did not 
enforce these prohibitions effectively, particularly with regard to 
women and minorities. The Constitutional Declaration contains clear 
references to equal rights, stating that all citizens are equal before 
the law in enjoying civil and political rights, equal opportunities, 
and the duties of citizenship without discrimination on the basis of 
religion, sect, language, wealth, sex, descent, political views, social 
status, or regional, family, or tribal affiliations.

    Women.--Rape and Domestic Violence.--Under Qadhafi, the law 
prohibited domestic violence, but there was scant information on the 
penalties for violence against women. The law criminalized rape. A 
convicted rapist must marry the victim, with her agreement, or serve a 
prison term of as long as 25 years. In previous years rape victims who 
failed to meet high evidentiary standards reportedly could face charges 
of adultery, according to HRW. The law did not address spousal rape. 
The PHR and other groups reported that Qadhafi forces systematically 
raped female civilians during the siege of Misrata (see section 1.g.).

    Harmful Traditional Practices.--In August the PHR reported that a 
father killed his three daughters (ages 15, 17, and 18) in Tomina, near 
Misrata, after they were raped. The PHR reported that persons with 
knowledge of honor killings in the country claimed that the practice 
had ``a strong foothold'' and that, in previous years, those convicted 
of such killings sometimes received reduced sentences.

    Sexual Harassment.--The law criminalizes sexual harassment, but 
there were no reports on how or whether this law was enforced under the 
Qadhafi or new governments.

    Reproductive Rights.--Couples and individuals have the right to 
decide freely and responsibly the number, spacing, and timing of their 
children and have the information and means to do so free from 
discrimination, coercion, and violence. In previous years, virtually 
all births took place in hospitals, and more than 90 percent of mothers 
received pre- and postnatal care. The conflict caused a decrease in 
available skilled medical personnel, as many expatriate medical workers 
fled the country, which likely affected women's access to sufficient 
care during childbirth.

    Discrimination.--The law under Qadhafi granted women equality, but 
in practice societal discrimination against women continued. Sharia 
(Islamic law) governs family matters, including inheritance, divorce, 
and the right to own property. The TNC's guiding Constitutional 
Declaration states that citizens are equal under the law and includes 
prohibitions on gender-based discrimination.
    In some rural areas societal discrimination restricted women's 
movements, even to local destinations, and impaired their ability to 
play an active role in the workplace.
    The government was the largest employer. Civil service salaries 
were set according to education and experience. Women and men with 
similar qualifications were paid at the same grade for positions that 
were substantially similar. The private sector did not formally 
discriminate on the basis of gender for access to employment or credit, 
although women tended to earn less than men for similar work.

    Children.--Birth Registration.--Citizenship is derived from either 
parent or birth in country. Under the Qadhafi government, births were 
registered in a government-issued family book.

    Education.--The conflict disrupted the school year for thousands of 
students across the country; while school continued in some areas such 
as Tripoli, in other areas schools were not open. Schools partially 
reopened in September and October; however, many remained empty due to 
lack of materials, damage, or security concerns.
    Qadhafi-era law imposed high fees on noncitizens enrolled in 
primary and secondary schools. In previous years the U.N. Human Rights 
Council noted that schools discriminated against children born out of 
wedlock.

    Sexual Exploitation of Children.--There was no known information 
available on penalties for the commercial sexual exploitation of 
children, the minimum age of consensual sex, and whether any laws 
prohibit child pornography.

    International Child Abductions.--The country was not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction.

    Anti-Semitism.--There was reportedly no resident Jewish population. 
There were examples of anti-Semitism during the year. In October, 
protests in Tripoli called for the deportation of a Jewish activist who 
had returned to Libya with the intent of restoring Tripoli's synagogue. 
Some protesters' signs read, ``There is no place for the Jews in 
Libya,'' and ``We don't have a place for Zionism.''

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The Qadhafi-era law provided for the 
rights of persons with physical, sensory, intellectual, and mental 
disabilities and provided for monetary and other types of social 
assistance. In addition a number of organizations provided services to 
persons with disabilities. Few public facilities had adequate access 
for persons with physical disabilities, resulting in restricted access 
to employment, education, and health care. There was limited access to 
information or communications.
    The conflict caused injuries and disabilities among fighters and 
civilians, including children maimed by mortar or gunfire or injured 
due to remaining unexploded ordnance. The interim government made 
efforts to set up mechanisms to address issues among the war-wounded, 
including the evacuation of large numbers of injured to hospitals in 
other countries. Several international aid organizations operated in 
the country clearing land mines and the explosive remnants of war.

    National/Racial/Ethnic Minorities.--Arabic-speaking Muslims of 
mixed Arab-Amazigh (Berber) ancestry constituted 97 percent of 
citizenry. The principal minorities were Amazighs, Tuaregs, and Toubou. 
These minority groups are predominantly Sunni Muslim but identify with 
their respective cultural and linguistic heritage rather than with Arab 
traditions. Several nomadic groups live in areas along the country's 
desert borders, including Tuareg and Toubou. The country was home to an 
estimated 1.5 million to two million foreign workers and undocumented 
migrants, many of whom fled or were displaced during the conflict. Of 
those, nearly one million were thought to be of Sahelian or sub-Saharan 
African origin.
    Under Qadhafi, Arabic was declared the only official language, and 
the regime denied the existence of non-Arab citizens. Amazigh people 
faced discrimination, including limitations on the use of their native 
language. Amazigh fighters participated in the revolution and were able 
to publicly use Amazigh symbols and the alphabet. At year's end, they 
pursued fledgling efforts to advocate for equal protections for Amazigh 
culture and language.
    There was societal discrimination and violence against dark-skinned 
Libyans, including those of original sub-Saharan descent, in part due 
to allegations that Qadhafi used African mercenaries during the 
conflict.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Under Qadhafi the government 
deemed lesbian, gay, bisexual, and transgender (LGBT) orientation 
illegal, and official and societal discrimination against LGBT persons 
persisted during the year. The Qadhafi-era penal code made consensual 
same sex sexual activity punishable by three to five years in prison. 
The law provided for punishment of both parties.
    No public information was available on societal discrimination on 
the basis of sexual orientation or gender identity. There were no known 
reports of legal discrimination based on sexual orientation or gender 
identity in employment, housing, or access to education or health care.
    Citizens tended to hold negative views of LGBT persons, and 
homosexuality was socially stigmatized. Sexual orientation or gender 
identity occasionally constituted the basis for societal violence, 
harassment, blackmail, or other actions, generally at a local level. In 
previous years there were infrequent reports of societal 
discrimination, physical violence, or harassment based on sexual 
orientation or gender identity.

    Other Societal Violence or Discrimination.--There were no known 
reports of societal violence toward persons with HIV/AIDS. In previous 
years there were reports of societal stigmatization of persons with 
HIV/AIDS, due to an association of the disease with drug use, sex 
outside marriage, and homosexuality. No information was available about 
the effects of the conflict on persons suffering from HIV/AIDS. 
However, the fighting generally restricted the provision of medical 
supplies and antibiotics in addition to prompting the departure of many 
foreign national medical staff from the country. There were reports 
that detainees suspected of having HIV/AIDS were segregated from the 
rest of the detainee population, often in overcrowded spaces, and were 
the last to receive medical treatment.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
Under Qadhafi workers were prohibited from forming and joining 
independent unions, which were banned. Collective bargaining was also 
restricted, as all collective agreements had to conform to the 
``national economic interest.'' Strikes could be called only after all 
conciliation and arbitration procedures had been exhausted. The 
government or one of the parties could demand compulsory arbitration, 
thus severely restricting strikes. The government had the right to set 
and cut salaries without consulting workers. Union workers were not 
well protected against antiunion discrimination.
    Freedom of association and the right to collective bargaining were 
nonexistent under Qadhafi. Although trade unions had existed officially 
for more than 25 years, union membership was limited to citizens. 
Furthermore, all workers were automatically members of the General 
Trade Union Federation of Workers, which was sponsored by the Qadhafi 
government. They could elect to withdraw from the union.
    Under the TNC and interim government, the status of unions, 
strikes, and employment law was not clear. During the 10 weeks that the 
TNC interim government was in control of the entire country, there were 
sporadic reports of strikes by professional groups, such as teachers 
and lawyers, who used strike as a method to protest political policies 
and actions. The TNC and interim government did not take any actions to 
prevent or hinder these strikes.
    Since February there were reports of migrant workers held hostage 
by their employers after going on strike demanding their pay. In a case 
involving Nepalese workers, neither the new government nor the official 
trade unions provided assistance to the migrants, who were eventually 
assisted by the IOM.

    b. Prohibition of Forced or Compulsory Labor.--The Qadhafi-era law 
prohibited all forms of forced or compulsory labor. There were numerous 
reports of forced labor by migrant workers, for example Filipinos, 
Indians, and sub-Saharan Africans, in the construction and domestic 
sectors after they were smuggled into the country. During the conflict 
there were reports that both Qadhafi government fighters and militias 
forced migrants into participating in fighting; the extent of the 
practice was unknown. The IOM reported that migrants in IDP camps and 
transit centers controlled by militias or armed groups were subject to 
forced labor and trafficking.
    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.--
Qadhafi-era law prohibited children younger than 18 from being 
employed, except when in a form of apprenticeship. No information was 
available concerning whether the law limited working hours or sets 
occupational health and safety restrictions for children. Under Qadhafi 
the General People's Committee for Manpower, Employment, and Training 
was responsible for enforcing laws on child labor. At year's end it was 
not clear whether the interim government had the capacity to enforce 
these laws or which agency would be responsible for doing so.
    There was no information available on the prevalence of child labor 
or the effect that the conflict had on the practice.

    d. Acceptable Conditions of Work.--The minimum wage was 250 dinars 
(approximately $200) per month. Although some public sector employees, 
such as professors, received pay increases in recent years, a freeze 
imposed more than a decade before continued to depress earnings. The 
Qadhafi government paid an additional pension of 90 dinars ($72) for a 
single person, 130 dinars ($104) for a married couple, and 180 dinars 
($144) for a family of more than two. The interim government generally 
continued these payment practices, except when wages were frozen for 
periods during the conflict. The government heavily subsidized rent and 
utilities, and government workers received an additional 130 dinars 
($104) per month for food staples during the year. One-third of Libyans 
lived below the poverty line.
    The legal workweek was 40 hours. Under Qadhafi, the law stipulated 
the standard working hours, night shift regulations, dismissal 
procedures, and training requirements. The law did not specifically 
prohibit excessive compulsory overtime.
    The Qadhafi government set occupational health and safety 
standards. The Qadhafi-era law granted workers the right to court 
hearings regarding these standards and provided workers with the right 
to remove themselves from unhealthy or unsafe working conditions 
without jeopardizing their employment.
    Under Qadhafi, labor inspectors were assigned by municipal 
governments to inspect places of work for compliance with government-
defined health and safety standards. Certain industries, such as the 
petroleum sector, attempted to maintain standards set by foreign 
companies. There was no information on whether workers could remove 
themselves from an unhealthy or unsafe work situation without 
jeopardizing their employment. There was no information available on 
whether inspections continued during the conflict.
    While the 2006 census counted 349,040 foreigners resident in the 
country, observers and diplomatic missions with large migrant 
populations in the country estimated that the preconflict number of 
undocumented workers was between 1.5 and two million. Although foreign 
workers reportedly constituted more than 20 percent of the workforce, 
the labor law applies only to legal foreign workers who have work 
contracts, which were a fraction of the total. Contracts, generally 
written in Arabic, were required for the hiring business to sponsor the 
worker for a visa, yet such contracts were rare and generally used only 
if the business was closely monitored or regulated by the Qadhafi 
government.
    Under Qadhafi, authorities permitted foreign workers to reside in 
the country only for the duration of their work contracts, and workers 
were prohibited from sending more than half of their earnings to their 
home countries. There was no information on whether the interim 
government enforced these regulations. However, there were reports 
that, by year's end, it had become difficult for migrants to acquire 
work permits.
    Foreign workers were subject to arbitrary pressures, such as 
changes in work rules and contracts, and had little choice other than 
to accept such changes or depart the country. This was especially true 
during the conflict, when many foreign workers fled the country and 
others were detained in temporary camps.

                               __________

                                MOROCCO

                           EXECUTIVE SUMMARY
    Morocco is a monarchy with a constitution, under which ultimate 
authority rests with King Mohammed VI, who presides over the Council of 
Ministers. The king may dismiss ministers, dissolve parliament, and 
call for new elections. International and domestic observers judged 
that the November 25 parliamentary elections were credible and 
relatively free from government-sponsored irregularities. Security 
forces reported to civilian authorities.
    Beginning in the spring, the country underwent a four-month 
constitutional reform process. In a March 9 speech, the king outlined 
the guidelines for the new constitution. A commission of experts whom 
he appointed wrote it, with input from an ``accompanying mechanism'' 
coordinating with political parties and numerous nongovernmental 
organizations (NGOs), associations, and individuals. The king presented 
the text publicly on June 17, and the populace adopted it in a 
referendum on July 1. This new document safeguards the essential powers 
of the king as the supreme arbiter among political forces, while 
marginally increasing the authority of parliament. The new constitution 
made significant steps in codifying civil liberties and advancing 
gender parity. Arab Spring-inspired social upheaval was relatively 
mild, although a new protest movement emerged, the February 20 
Movement, that staged near-weekly peaceful demonstrations across the 
country to demand political, economic, and social reforms as well as an 
end to government corruption, to which the government sometimes 
responded with excessive force (see below).
    The most significant, continuing human rights problems were the 
lack of citizens' right to change the constitutional provisions 
establishing the country's monarchical form of government, arbitrary 
arrests, and corruption in all branches of government.
    Other human rights problems reported during the year included 
police use of excessive force to quell peaceful protests, resulting in 
dozens of injuries and at least four deaths; torture and other abuses 
by the security forces; incommunicado detention; poor prison and 
detention conditions; political prisoners and detainees; infringement 
of freedom of the press; lack of freedom of assembly; lack of 
independence of the judiciary; discrimination against women and girls; 
trafficking in persons; and child labor, particularly in the informal 
sector.
    There was a problem of police and security force impunity, but the 
government took steps to address the issue.
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 February 20, five protesters died in a bank fire in Al 
Hoceima. Security officials said that the five were among a large group 
engaged in vandalism and robbery when the fire broke out, but human 
rights NGOs and family members alleged police brutality and a cover-up. 
In addition, NGOs and the February 20 Movement alleged that two other 
protesters died during protests as the result of police officers' use 
of excessive force. Authorities denied those charges but opened 
investigations in both cases.
    Kamal Ammari, a participant in a February 20 Movement demonstration 
in Safi, was severely injured in clashes with police on May 29 and died 
four days later. Officials initially denied responsibility but later 
declared the cause was a severe respiratory illness. Ammari's family, 
domestic and international human rights NGOs, and eyewitnesses 
challenged the government's version of events, alleging that he died as 
a result of police beatings. The National Council for Human Rights 
(CNDH), created and funded by the government, which succeeded the 
Consultative Council on Human Rights (CCDH) on March 1, conducted an 
investigation but did not release conclusions. Additionally, Karim 
Chaib, a protester in a demonstration on February 20 in Sefrou, was 
injured severely when security forces violently dispersed the crowd. He 
died on February 23, allegedly from wounds sustained during this police 
crackdown. No results were available in either investigation by year's 
end (see section 2.b.).
    There were no charges filed resulting from a continuing 
investigation into the September 2010 death after two days of 
imprisonment of Fodeil Aberkane following an altercation with police. 
Authorities were investigating one police officer and five guards, 
three of whom were in pretrial detention.

    b. Disappearance.--The country's penal code requires security 
forces to inform a detainee of charges and inform the detainee's family 
of his or her whereabouts within 48 hours. The antiterrorism law 
provides an exception to this rule by permitting authorities to detain 
suspects without informing their families for up to 96 hours. This 
initial detention period may be renewed twice--with the written 
authorization of the prosecutor--up to a total detention time of 12 
days. In addition authorities may prevent communication between the 
detainee and his/her lawyer for up to two days after the initial four-
day detention expires (see section 1.d.).
    The government stated that it followed the law in all cases and 
that there were no cases of disappearance. However, the domestic NGO 
the Moroccan Association for Human Rights (AMDH), the international 
NGOs Human Rights Watch and Amnesty International, and the Party of 
Justice and Development (PJD), an Islamist-oriented political party, 
claimed that in several cases from 2010, authorities did not follow the 
provisions of the penal code or the antiterrorism law and that 
prolonged periods in unknown locations amounted to disappearances in 
these cases.
    During the year the PJD, the February 20 Movement, and several 
domestic human rights NGOs mounted a public campaign calling for the 
closure of an alleged secret detention facility at Temara. Government 
authorities denied the facility existed and continued to claim that 
arrest and pretrial detention were mistakenly equated with abduction 
and forced disappearances and that families were informed about the 
whereabouts of those detained. However, authorities permitted the CNDH 
and several members of parliament to tour the Temara facility (see 
section 5). In the wake of the public campaign calling for the closure 
of the Temara facility, there were fewer reports of incommunicado 
detentions.
    Regarding the unresolved cases of disappearance dating back to the 
1970s and 1980s, the CNDH continued to investigate claims of enforced 
and involuntary disappearances. The government reported that since 2004 
it had provided reparations to 25,442 victims of disappearance or other 
abuses committed between 1956 and 1999 or to their family members. 
Reparations were in the form of money, health care, employment, or 
vocational training. A total of 345 beneficiaries received reparations 
during the year amounting to the equivalent of more than five million 
dollars. The CNDH also began shifting its activities to community 
reparation projects and supported 107 of these--such as women's 
empowerment, income generation, and preservation of the environment--in 
13 provinces. The CNDH continued to review open claims for reparation 
and occasionally received new claims, especially in Western Sahara.
    Human rights groups representing Sahrawis, an ethnic minority 
living throughout the country and constituting the majority of the 
population of Western Sahara at the time of the contested 
disappearances, voiced concern over the slow pace at which the CNDH was 
addressing outstanding and new claims. An association of victims and 
their families claimed that at least 114 cases remained unresolved and 
accused the government and CNDH of failing to acknowledge many 
additional cases of disappearances, especially from Western Sahara, 
that occurred between 1956 and 1999.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and the law prohibit such practices, and 
the government denied that it used torture. However, numerous NGO 
reports and media articles alleged that members of security forces 
tortured and abused individuals in their custody, particularly during 
pretrial detention.
    The law against torture requires judges to refer a detainee to a 
forensic medical expert when the detainee or his or her lawyer requests 
it or if judges notice suspicious physical marks on a detainee. The 
government reported that as of September public prosecutors and 
magistrates had requested expert medical examinations for 19 
individuals, compared with 31 requests in 2010. Media and human rights 
NGOs documented cases in which the antitorture law provisions were not 
implemented.
    A lawyer for Islamist detainees in the Toulal 2 prison in Meknes 
conveyed the account of several prisoners that, on August 1, guards 
brutally beat and raped with a stick at least four Islamist prisoners. 
According to numerous prisoner witness statements, one prisoner, 
Abdullah Al-Manfa'a, had been reciting the Qur'an for his fellow 
inmates when guards dragged him from his cell and abused him. Other 
prisoners protested and at least three of them received the same 
treatment. The government reported that an August 9 medical exam 
ordered by the Meknes court of appeals revealed no signs of abuse. The 
prosecutor then closed the investigation into the affair.
    Many civil society actors claimed that torture occurred at a police 
administrative facility in Temara where police maintained detention 
cells. On May 18, two CNDH members, along with members of a 
parliamentary ad hoc committee, made a previously announced three-hour 
visit to the facility and reported that they ``found no indicators that 
would confirm, at the time of the visit, that this facility is a place 
of illegal and unlawful detention'' (see section 5).

    Prison and Detention Center Conditions.--Prison conditions remained 
poor and generally did not meet international standards. Prisons were 
overcrowded, resulting in poor hygienic conditions. There were no 
reports regarding inadequate provisions for ventilation, temperature, 
lighting, and access to potable water. The Moroccan Observatory of 
Prisons (OMP), an umbrella grouping of lawyers promoting better prison 
conditions, and human rights NGOs continued to report during the year 
that prisons were overcrowded, prone to violence, and failed to meet 
local and international standards. The government stated that its 61 
prisons held 65,279 inmates as of October 1. The government reported 
that it had opened seven new detention facilities during the year to 
reduce overcrowding as well as to improve living conditions. OMP 
reports in 2008 and 2009 maintained that the adult prison system 
operated at approximately 133 percent capacity. In many cases those 
imprisoned as minors completed their sentences as adults.
    The government reported that 77 inmates, 54 of whom were 
hospitalized and under the care of the Ministry of Health, died in 
prison. Due to lack of access to information, local human rights NGOs 
were unable to comment on these numbers. The government acknowledged 
that providing adequate care was difficult in overcrowded conditions.
    The Directorate General for Prison Administration (DGAP), a 
separate agency that reports directly to the prime minister and 
informally to the king, has responsibility for managing all prisons in 
the country. It has its own budget and central administrative 
apparatus. The Ministry of Justice directs the development and reform 
of penal policy.
    Three detention facilities, known officially as Reform and 
Education Centers (RECs), were reserved exclusively for juveniles up to 
the age of 20. Several other adult prison facilities have dedicated 
areas for juvenile inmates. Although their separation was called for by 
law, juveniles were sometimes held with adults, particularly in 
pretrial detention and in police stations due to the lack of juvenile 
prison facilities. As of August 31, NGOs reported that there were an 
estimated 6,000 juveniles under the age of 20 at various prisons. Human 
rights groups reported that young offenders were abused by other 
minors, older inmates, and prison guards. Government figures indicated 
that fewer than 3 percent of prisoners were women, and there was less 
overcrowding in the women's sections. Women were held separately from 
men.
    The government continued implementing vocational and educational 
training programs in prisons. The Mohammed VI Foundation for the 
Reinsertion of Prisoners, managed directly by the king, provides 
educational and professional training to young inmates on the verge of 
release. The foundation runs RECs in 38 of the country's 61 prisons and 
works with more than 4,000 prisoners each year. Graduates of the 
foundation's training programs have a recidivism rate of 3 percent, in 
contrast to the national average of 40 percent. During the year the 
government opened seven new prisons in Sale, Tetouan, Meknes, Tiflet, 
Khouribga, Oued Zem, and Beni Mellal. The government closed a number of 
prisons due to poor sanitary conditions.
    Some human rights activists asserted that the prison administration 
reserved harsher treatment and conditions for certain prisoners, such 
as Islamists. The government denied allegations that it accorded 
different levels of treatment to any inmates. Prisoners frequently 
employed hunger strikes to demand improved prison conditions or protest 
lengthy pretrial detentions. Most of these ended within several days in 
response to concessions from the government or prison authorities. 
Although prison authorities provided meals to prisoners three times per 
day, the amount of food provided was inadequate, and families and 
friends regularly supplemented prisoners' diets.
    The government rarely permitted prison visits by independent human 
rights observers, local human rights groups, international groups, or 
the media. As in years past, family members of prisoners accounted for 
the majority of prison visits. At least 244 visits were by judiciary 
authorities for various oversight reasons. The DGAP also reported that 
46 regional or parliamentary commissions made prison visits during the 
year, as well as the Temara visit of the joint CNDH-parliamentary 
group. Authorities documented 128 visits by domestic NGOs during the 
first nine months of the year. NGOs reported that although 
international NGOs visited prisons in previous years, the DGAP's 
director general discouraged such visits, and they ceased. The 
International Committee of the Red Cross did not make any requests to 
visit prisoners.
    The CNDH, like the CCDH before it, acted as an ombudsman for human 
rights and continued to expand the scope of its activities. The CNDH 
received complaints from prisoners and from individuals writing on 
behalf of their imprisoned family members (see section 1.e.). On 
several instances the CNDH intervened directly with authorities to 
secure royal pardons or address poor detention standards.
    Government policy permits NGOs that provide social, educational, or 
religious services to prisoners to enter prison facilities, but it does 
not permit NGOs that only have a human rights mandate to do so except 
with special authorization. There were no reports that prisoners and 
detainees were denied permission to practice their respective 
religions. The OMP and members of various NGOs, including the Moroccan 
Organization for Human Rights (OMDH), the AMDH, and the Association of 
Victims of Grave Human Rights Abuses (ASVDH), visited prisoners 
regularly to distribute food and personal items and check on their 
health and well-being as ``friends or family,'' not as human rights NGO 
representatives.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, although police used both practices. 
Police did not always observe due process. According to local NGOs and 
associations, police did not always identify themselves when arresting 
suspects nor did they consistently obtain warrants. Police reportedly 
held some detainees without charging them.

    Role of the Police and Security Apparatus.--The security apparatus 
includes several police and paramilitary organizations with overlapping 
authorities. The National Police (DGSN) manages internal law 
enforcement and reports to the Ministry of Interior. The Auxiliary 
Forces also report to the Ministry of Interior and support gendarmes or 
police. The Royal Gendarmerie, which reports to the Administration of 
National Defense, is responsible for law enforcement in rural regions 
and on national highways. Both the Royal Gendarmerie and the judicial 
police report to the royal prosecutor. The Department of Royal Security 
is a branch of the DGSN and reports to the king.
    Civilian authorities maintained effective control over the security 
forces, but the government did not have effective mechanisms to 
investigate and punish abuse and corruption. There was no systematic 
prosecution of security personnel who committed human rights abuses. 
Corruption and impunity reduced police effectiveness and respect for 
the rule of law. Petty corruption was widespread among the police and 
gendarmes, and broader, systemic corruption undermined law enforcement 
and the effectiveness of the judicial system.
    In February 2010 the king issued a royal high directive designed to 
modernize and professionalize the DGSN by making it an autonomous 
directorate. The government stated that these changes were aimed at 
improving the quality of recruits and reducing corruption. Various 
components of the king's directive were implemented during the year. 
While the directive did not include provisions for additional training 
of security forces, the government increased investigations, 
prosecutions, and training--including a human rights component--for 
security personnel.
    The Ministry of Interior increased investigations of abuse, human 
rights violations, and corruption across all security services under 
its purview. During the year the government reported that it arrested, 
prosecuted, or opened investigations regarding government authorities 
or security officials at all levels for crimes ranging from assault and 
battery to petty bribery throughout the country and Western Sahara. 
There was no available information on the number of convictions and 
punishments during the year, and many more incidents of alleged 
corruption were never investigated. Cases often languished in the 
investigatory or trial phases without resolution.

    Arrest Procedures and Treatment While in Detention.--Police may 
arrest an individual after a general prosecutor issues an oral or 
written warrant; in practice warrants were sometimes issued after the 
arrest. Warrants generally were issued on the basis of evidence and 
exclusively by authorized officials. The law permits authorities to 
deny defendants' access to counsel or family members during the initial 
96 hours of detention under terrorism-related laws or 48 hours of 
detention for other charges, during which police interrogated detainees 
and alleged abuse or torture was most likely to occur.
    Under the antiterrorism law, after the first 96 hours, two 
additional 96-hour extensions are allowed with the written approval of 
the prosecutor. Under the law a person may be detained without trial 
for as long as one year while an investigating magistrate completes 
work.
    NGOs continued to report that as many as 40 percent of adult 
detainees and more than half of incarcerated minors were in pretrial 
detention. The law provides for a limited system of bail, but bail was 
rarely granted. Some judges were unaware of legislation permitting the 
use of the bail system or other alternative sentencing provisions. The 
law does not require written authorization for a person to be released 
from detention. In some instances judges released defendants on their 
own recognizance. The antiterrorism law does not include a system of 
bail. Under a separate military code, military authorities may detain 
members of the military without a warrant or public trial.
    According to the law, all defendants have the right to be 
represented by attorneys, and if a defendant cannot afford private 
counsel, a court-appointed attorney must be provided when the criminal 
penalty exceeds five years in prison. In practice effective counsel was 
not always provided. Police were required to notify a detainee's next 
of kin of the arrest as soon as possible after the initial 48-hour 
incommunicado detention in nonterrorism cases unless arresting 
authorities applied for and received an extension from a magistrate, 
but police did not always abide by this provision. Because of delays in 
notifying family, lawyers sometimes were not informed promptly of the 
date of arrest and were not able to monitor compliance with 
administrative detention limits as well as treatment of the detainee 
during this period.

    Arbitrary Arrest.--It was common practice for security forces to 
arrest a group of persons, take them to a police station to be 
questioned, and then release them without charge.

    Pretrial Detention.--Although the government claims that accused 
persons are brought to trial within two months, prosecutors may request 
as many as five additional two-month extensions of pretrial detention. 
Technically an accused person may be kept in detention for as long as 
one year prior to trial. There were reports that authorities routinely 
held detainees beyond the one-year limit. According to the government, 
as of October 1, pretrial detainees made up 45 percent of the 65,279 
inmates in prison.

    Amnesty.--The government used royal pardons rather than a parole 
system as the principal judicial mechanism for early release. Pardons 
may take the form of release, sentence reduction, or transfer.
    The king pardoned 2,826 prisoners during the year. Included in 
these were the April 14 royal pardons for 190 of the Salafists rounded 
up after the 2003 Casablanca bombings, including five prisoners who had 
been convicted and sentenced to lengthy prison terms in connection with 
the Belliraj terrorist cell case in 2009. Domestic and international 
observers had long maintained that the five were not guilty of any 
crimes but had been convicted on fabricated charges because of their 
political beliefs. The five were Mustapha Moatassim, Mohamed Marouani, 
Mohammed Amine Regala, Alaa Badella Maa El Ainin, and Abdelhafid Srite. 
The CNDH recommended the pardons following the social unrest that began 
in February.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, but in practice the courts often did not act 
independently and were weakened by corruption and extrajudicial 
influence. Corruption and extrajudicial influence on judges and other 
court officials was commonplace and widely acknowledged by NGOs, 
lawyers, and government officials.
    After significant campaigning by his family and by domestic and 
foreign human rights activists, retired colonel-major Kaddour Terhzaz 
was pardoned and released from prison on March 2. He was arrested in 
2008 for allegedly threatening the country's security through divulging 
national defense information and convicted of treason. Various NGOs 
stated that no witnesses were allowed to testify at his military trial 
and that he was denied access to his attorney.
    In April authorities released the last three of the seven Sahrawi 
activists arrested in 2009 on charges of ``intelligence cooperation 
with a foreign entity'' and ``incitement to disturb public order'' 
after a trip to Algeria and the Sahrawi refugee camps near Tindouf. 
Four others had been released previously in 2010. Technically, all 
seven have been ``provisionally released.'' Charges against them have 
not been dropped.

    Trial Procedures.--Defendants are presumed innocent. The law 
provides for the right to a fair public trial with the right of appeal 
for all citizens; this did not always occur in practice, especially for 
those protesting the incorporation of Western Sahara into the country. 
Juries are not used, in accordance with the Napoleonic legal system.
    Defendants have the right to be present at their trial and to 
timely consultation with an attorney, although these rights were not 
always enforced in practice. Attorneys were not appointed in all cases 
or, if provided, were poorly paid or provided in an untimely fashion, 
often resulting in inadequate representation. By law defendants in 
criminal and human rights cases have access to government evidence 
against them. In practice judges sometimes prevented or delayed access. 
Under the law defense attorneys may question witnesses. Despite the 
provisions of the law, some judges reportedly denied defense requests 
to question witnesses or present mitigating witnesses or evidence.
    If the judge determines that a confession was obtained under 
duress, the law requires that it be excluded from evidence. Human 
rights NGOs charged that judges often decided cases based on forced 
confessions, especially in cases of Sahrawis or individuals accused of 
terrorism. Police statements about detainees' statements were sometimes 
used in place of defendants' confessions when there was a possible 
question of duress.

    Political Prisoners and Detainees.--Legislation does not define or 
recognize the concept of a political prisoner. The government did not 
consider any of its prisoners to be political prisoners and stated that 
all individuals in prison had been convicted or had been charged under 
criminal law and were awaiting trial. However, several NGOs, including 
the AMDH, Sahrawi organizations, and Amazigh activist groups, asserted 
that the government imprisoned persons for political activities or 
beliefs under cover of criminal charges.
    The royal pardons granted to the six men associated with the 
Belliraj case and the release of the last of the ``Sahrawi Seven'' (see 
above) prompted an open, public debate regarding the concept and status 
of political prisoners in the country. Recently released political 
prisoners freely appeared before the media and accused the government 
of having fabricated criminal charges against them to mask the 
political motivations for their detentions. Even government officials 
who had long denied the existence of political prisoners engaged in 
open discussions of the question.
    On April 18, Ilham Hasnouni was released after receiving a 10-month 
sentence, which she has already served. Hasnouni, an activist with the 
Marxist group Annahj Addimocrati, had been detained without trial for 
10 months. She was eventually charged with destruction of public 
property--among numerous other charges--due to her alleged role in a 
2008 riot at Cadi Ayad University in Marrakech. Hasnouni, along with 
several others, was arrested two years after the riot. Human rights 
groups claimed that members of the group had been severely beaten and 
deprived of food and water for 48 hours.

    Civil Judicial Procedures and Remedies.--Although individuals had 
access to civil courts for lawsuits relating to human rights violations 
and filed such lawsuits, the courts were not entirely independent or 
impartial in civil matters due to extrajudicial influence and 
corruption. There are administrative as well as judicial remedies for 
alleged wrongs.
    A national ombudsman resolves civil matters when the judiciary is 
unable to do so and has gradually expanded the scope of its activities. 
As of October 1, the ombudsman had received 1,250 complaints; it judged 
841 to be valid and referred those cases to other public 
administrations as appropriate. The CNDH continued to serve as a 
conduit through which citizens expressed complaints about government 
malfeasance or human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--While the constitution states that an individual's 
home is inviolable and that a search may take place only with a search 
warrant, authorities occasionally entered homes without judicial 
authorization, monitored private communications or movements without 
legal process, and employed informer systems.
    Although less than in previous years, authorities reportedly 
searched and shut down activities in the homes of members of the 
Justice and Charity Organization (JCO), an Islamist charitable and 
sociopolitical group the government tolerated but did not officially 
recognize. Members used their homes for ``open houses'' where they held 
politically oriented meetings. JCO members claimed the Ministry of 
Interior's General Directorate of Territorial Surveillance was 
responsible for the harassment. In almost every case, authorities 
detained, questioned, and later released JCO members without charges.
    Sahrawi activists reported that when NGOs held meetings at members' 
houses, both plainclothes and uniformed police occasionally intervened 
(see the Western Sahara report).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The law generally provides for freedom of speech and press, 
although the government continued to restrict freedom of the press 
through the legal system. Government-provided figures for the year 
showed that 154 journalists or media outlets faced criminal or civil 
charges, an increase from previous years. These numbers included cases 
the government initiated as well as private citizens' libel complaints. 
Numerous human rights groups criticized the steady stream of criminal 
prosecutions, newspaper closings, and libel suits.

    Freedom of Speech.--The law criminalizes criticizing Islam, the 
institution of the monarchy, state institutions such as the military, 
and the government's official position regarding territorial integrity 
and claim to the Western Sahara. But during the year's historic period 
of social unrest in Morocco and across the region, many members of 
NGOs, political parties, and the February 20 Movement claimed they felt 
more at liberty to discuss perceived shortcomings of the monarchy and 
Islam, so long as they did not question them directly. Article 19 of 
the previous constitution that codified the king's role as ``Commander 
of the Faithful'' was a common topic of debate at universities, in the 
media, and throughout society.
    On September 9, rapper and February 20 Movement supporter Mouad 
Belghout, who had been sharply critical of the monarchy in his songs, 
was arrested and charged with assault against a pro-monarchy 
demonstrator. A theory supported by numerous eyewitness accounts held 
that Belghouat had been incited to fight and that authorities used the 
fight as an excuse to arrest and disproportionately punish him. He 
remained in detention at year's end.

    Freedom of Press.--The antiterror law and press code include 
provisions that permit the government to jail and impose financial 
penalties on journalists and publishers who violate restrictions 
related to defamation, libel, and insults. Prison sentences may be 
imposed on those convicted of libel. Consequently, the press reported 
gingerly on controversial and culturally sensitive topics involving the 
military and national security. This was less the case than in previous 
years, however, and many NGOs and February 20 Movement organizers 
reported an overall relaxing of both self-censorship and government 
restrictions on sensitive topics. The broadcast media, subject to the 
same restrictions but more under government sway, was more circumspect 
that newspaper, magazine, or book publishers.
    On June 9, a court in Casablanca sentenced Rachid Niny, the editor, 
publisher, and leading columnist for the country's highest-circulation 
daily newspaper, Al Massae, to one year in prison and a 1,000 dirham 
($130) fine. Niny had been charged under the penal code with 
``denigration of a judicial ruling'' and ``knowingly publishing 
information about a nonexistent crime.'' According to lawyers, 
journalists, and some politicians, Niny's arrest and conviction were 
politically orchestrated due to his criticism of the government's 
application of antiterror laws, including the existence of a secret 
detention and torture center at Temara, as well as his critical 
coverage of corruption involving high-level government officials.

    Violence and Harassment.--Authorities subjected some journalists to 
harassment and intimidation during the year.

    Censorship or Content Restrictions.--The government rarely censored 
the domestic press; however, it exerted pressure both by subsidizing 
some publications and occasionally intimidating journalists in an 
effort to get them to self-censor. The press code lists threats to 
public order as one of the criteria for censorship. Journalists self-
censor, and the broadcast media is either wholly or partially 
government owned. Publications and broadcast media must obtain 
government accreditation, and the government has the ability to deny 
and revoke accreditation as well as to suspend or confiscate 
publications. In January 2010 the Ministry of Communication began 
applying regulations requiring foreign stations to receive ministry 
approval on a monthly basis in order to report on or record individuals 
outside Rabat. On occasion the government blocked the entry of foreign 
periodicals that contained, for example, caricatures of the king or the 
Prophet Mohammed.

    Libel Laws/National Security.--The antiterror law provides for the 
arrest of journalists or the filtering of Web sites that are deemed to 
``disrupt public order by intimidation, terror, or violence.''

    Internet Freedom.--The government applied laws and restrictions 
governing speech and the press to the Internet. There are neither 
specific laws nor a body of judicial decisions concerning Internet 
content or access. The government generally did not restrict access to 
the Internet. Individuals and groups generally were careful to respect 
the official boundaries and were able to engage in peaceful exchanges 
of views via the Internet, including by e-mail. The government did not 
publicly attempt to collect the personally identifiable information of 
persons over the Internet in connection with citizens' peaceful 
expression of political, religious, or ideological opinion or beliefs.

    Academic Freedom and Cultural Events.--By law and in practice, the 
government has the right to criminalize presentations or discussions 
questioning the legitimacy of the monarchy, Islam, state institutions, 
or the status of Western Sahara; however, the government generally 
tolerated political and religious activism on university campuses. 
Islamist groups wielded considerable influence on campuses. In some 
cases they won student union elections and acted to constrain academic 
freedom by intimidating or harassing students or professors. The 
Ministry of Interior approved the appointments of university rectors.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
provides for freedom of assembly and association within the limits 
provided by law. In practice the government sometimes used 
administrative delays and other methods to suppress or discourage 
demonstrations. But both authorized and unauthorized sit-ins, 
demonstrations, and protests occurred frequently throughout the 
country. The government also prohibited or failed to recognize 
associations it deemed unqualified for NGO status.

    Freedom of Assembly.--The law conditions the right to freedom of 
public assembly on acquiring Ministry of Interior permission. Some NGOs 
complained that the approval process was inconsistent. The creation of 
the February 20 Movement dramatically increased the number, size, and 
geographical dispersion of demonstrations, particularly prior to the 
July 1 referendum on the new constitution. The majority of these 
demonstrations were tolerated, even if unauthorized.
    However, on May 15, 22, and 29, security forces violently dispersed 
February 20 Movement protests in various cities, resulting in dozens of 
injuries and allegedly the death of Kamal Ammari in Safi (see section 
1.a.). Security forces were also blamed for the deaths of Karim Chaib 
in Sefrou (see section 1.a.) and Mohamed Bouderoua in Safi. The 
government ordered investigations into these two deaths; they remained 
open at year's end.
    The May 15 protest was held in the vicinity of a government 
facility in Temara that many human rights NGOs claimed was a secret 
prison where detainees were routinely tortured. In the weeks following 
the July 1 referendum, February 20 Movement protesters were frequently 
met by pro-monarchy demonstrators who were both physically and verbally 
abusive. The AMDH and other human rights NGOs claimed they saw security 
forces encouraging these groups to harass the February 20 Movement 
protesters and helping them to identify individuals that the police had 
selected for particularly harsh treatment. Human rights groups blamed 
at least one death on October 27 in Al Hoceima on the actions of 
counterprotesters.
    Other protests were also violently dispersed throughout the year, 
particularly in Casablanca, Tangier, Khourigba, and Safi. Human rights 
activists claimed that a March 15 crackdown on protesters in the 
phosphate town of Khouribga caused one death.

    Freedom of Association.--The constitution and the law provide for 
freedom of association, although the government refused to recognize 
officially NGOs that espoused ideals counter to a monarchical form of 
government, the Malachite Rite of Sunni Islam as the state religion, or 
the territorial integrity of the country. The establishment and 
functioning of associations is governed by a 1958 decree. According to 
the government, approximately 100,000 NGOs and associations were 
registered.
    New NGOs are required to register with the Ministry of Interior. A 
proposed organization must submit its objective, bylaws, address, and 
photocopies of members' identification cards to the ministry. In 
practice the government has denied official recognition to NGOs that 
advocate against the monarchy, Islam as the state religion, or 
territorial integrity. The ministry issues a receipt to the 
organization that signifies formal approval. If the organization does 
not receive a receipt within 60 days, it is not formally registered. 
Many organizations the government chose not to recognize functioned 
without the receipts, and the government tolerated their activities. 
Several organizations, including the ASVDH and the JCO, have won 
administrative court judgments confirming that their applications for 
registration conform to the law; however, administrative courts have no 
enforcement powers beyond ruling that authorities exceeded their powers 
and cannot force government officials to recognize NGOs.
    Organizations supporting self-determination for Western Sahara, 
including the ASVDH and the Sahrawi Collective of Human Rights 
Defenders, were not permitted to register. Unregistered organizations 
cannot access government funds or legally accept contributions. The 
ASVDH remained unregistered despite a 2005 Agadir administrative court 
decision requiring authorities to register it.
    During the year authorities continued to monitor JCO activities and 
on occasion disrupt them.

    c. Freedom of Religion.--See the Department'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 within the country. This right was 
generally respected in practice, although the government restricted 
movement in areas regarded as militarily sensitive, including the 
demilitarized zone in Western Sahara.

    Foreign Travel.--The law provides for freedom of foreign travel, 
and this right was generally respected in practice, although the 
Ministry of Interior restricted the freedom of civil servants to travel 
outside the country, including teachers and military personnel. Civil 
servants and soldiers must obtain written permission from their 
ministries to leave the country.

    Exile.--While the law provides for forced exile, there were no 
instances of forced exile during the year. Abdelkrim Mouti reportedly 
remained in political exile in Libya. Mouti has lived abroad since 
1975, claiming that Moroccan authorities are preventing his return by 
denying him a passport. He was convicted in absentia in 1980 for the 
assassination of a prominent politician but maintained his innocence.

    Emigration and Repatriation.--The government encouraged the return 
of Sahrawi refugees if they acknowledged the government's authority 
over Western Sahara. The government continued to make travel documents 
available to Sahrawis, and there were no reported cases of Sahrawis 
being prevented from traveling (see the Western Sahara report).

    Protection of Refugees.--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. As of 
December the UNHRC reported approximately 800 refugees and 400 asylum 
seekers in the country.

    Access to Asylum.--The country has not adopted national refugee 
legislation, nor has it established asylum procedures meeting 
international standards. It defers to the UNHRC as the sole agency in 
the country entitled to grant refugee status and verify asylum cases. 
In this void the UNHRC conducted refugee status determinations during 
the year and expected to continue this work in the future even as it 
sought increased involvement by the government.

    Refugee Abuse.--Refugees and asylum seekers--as well as migrants--
were particularly vulnerable to criminal gangs involved in human 
trafficking. There were credible reports of government authorities 
expelling illegal migrants, particularly at the border town of Oujda 
but also into the desert along the border with Algeria. NGOs reported 
that authorities left some migrants without food and water; however, 
unlike in previous years, there were no reports of migrant deaths as a 
result.

    Access to Basic Services.--Refugees were unable to obtain residence 
permits that would officially allow them access to the national health-
care system.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change the constitutional 
provisions establishing the country's monarchical form of government. 
The law provides for, and citizens participated in, regular, free 
elections based on universal suffrage for the parliament's Chamber of 
Representatives and municipal councils. The parliament's Chamber of 
Counselors and the regional councils are indirectly elected through 
representatives. Citizens voted to accept a new constitution on July 1 
and ratified it September 13.
    The king may dissolve parliament in consultation with the prime 
minister. As head of state he appoints the head of government. 
According to the constitution, the king presides over the Council of 
Ministers--the supreme decision-making body--except in cases when he 
delegates that authority to the head of government. Constitutional 
changes outlining this division of responsibility came into effect on 
July 29, and it remained unclear by year's end which authorities the 
king might delegate and which he might maintain. Matters of religion, 
security, and strategic policy legally remain the purview of the king. 
The constitution obliges the king to choose the prime minister from the 
party with the most elected seats in the Chamber of Representatives. 
The constitution authorizes the prime minister to nominate all 
government ministers, although the king may dismiss them.
    The constitution may not be changed without the king's approval. 
The king, head of government, or parliament may propose amendments to 
the constitution, but only the king has the power to put constitutional 
amendment proposals to a national referendum.

    Elections and Political Participation.--Recent Elections.--In the 
November 25 legislative elections, which saw a turnout of approximately 
45 percent of the registered electorate, the Islamist PJD won 107 of 
the 395 seats at stake in 92 constituencies. Of the 395 seats, 60 were 
reserved for women and 30 for those less than 40 years of age.
    The law mandates the CNDH to supervise and facilitate the work of 
domestic and international observers. Accordingly, the CNDH fielded an 
estimated 3,500 domestic observers. The CNDH also accredited more than 
300 international observers. Political parties and the vast majority of 
the 3,500 domestic observers considered the elections free, fair, and 
transparent. Most international observers considered them credible 
elections in which voters were able to choose freely and deemed the 
process relatively free of government irregularities.

    Political Parties.--Political parties faced fewer government-
imposed restrictions as a result of the new constitution. The Ministry 
of Interior applied new laws that made it easier for political parties 
to register. By law a political party may not challenge the monarchy, 
Islam as the state religion, or territorial integrity.

    Participation of Women and Minorities.--Women's representation in 
political parties' decision-making structures increased during the 
year, and female politicians featured prominently in the press on a 
variety of issues. The November elections saw an increase of women in 
the Chamber of Representatives from 34 to 67.
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 
often engaged in corrupt practices with impunity. It was common 
knowledge that corruption was a serious problem in the executive 
branch--including the police--as well as the legislative and judicial 
branches of government. There were reports of government corruption 
during the year.
    The judiciary's lack of independence and susceptibility to 
influence were widely acknowledged, including by the king. During 
several speeches throughout the year, the king highlighted the issue of 
corruption. Since 2009 the king has called for judicial system reform, 
including greater judicial independence, but many members of the well-
entrenched and conservative judicial community have been loath to adopt 
new procedures, as well as new laws. Since 2007 the law has required 
judges, ministers, and members of parliament to submit financial 
disclosures.
    The Central Commission for the Prevention of Corruption (ICPC) is 
the agency responsible for combating corruption, but it does not have 
the authority to require response from government institutions on 
anticorruption cases. Officials attributed the low number of complaints 
in part to the lack of legislation protecting plaintiffs and witnesses 
in corruption cases. The ICPC launched an Internet portal for the civil 
society to identify instances of corruption. In addition to the 
commission, the ministry and the government accountability court had 
jurisdiction over corruption issues.
    During the year the government exhibited some efforts to address 
corruption, but there were no high-profile cases. The inspector general 
of the Justice Ministry investigated 151 ethics complaints against 
judges (up from 65 in 2010), which resulted in the referral of three 
judges to the Supreme Judicial Council for disciplinary measures.
    According to observers, there was widespread corruption in the 
police force. The government claimed to investigate corruption and 
other instances of police malfeasance through an internal mechanism.
    There is no freedom of information law, but the new constitution 
provides for the access of citizens to information held by public 
institutions. In practice the government did not grant access to 
official information to citizens and noncitizens, including foreign 
media.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government's attitude toward international human rights 
organizations varied, depending on the political sensitivity of the 
issues. Domestic and international human rights groups generally 
operated in the country without government restriction (except those 
that advocated in favor of independence for Western Sahara), and these 
groups investigated and published findings on human rights cases. 
Government officials generally were cooperative and responsive to their 
views, except on Western Sahara.
    The government recognized several dozen domestic and independent 
human rights NGOs with national coverage. The OMDH and AMDH were 
considered the largest human rights NGOs. The AMDH did not cooperate 
officially with the government but usually shared information 
informally with both the government and government-affiliated 
organizations. The government occasionally met with and responded to 
inquiries and recommendations from the OMDH and AMDH as well as 
Transparency Maroc and the umbrella organization OMP.

    Government Human Rights Bodies.--The government created three 
entities to address issues concerning human rights. The CNDH served as 
the principal advisory body to the king and government on human rights. 
Most human rights NGOs and the public generally viewed the CNDH as a 
credible and proactive government advocate protecting human rights and 
a vehicle to seek redress in individual cases. The new Mediator 
Institution acted as ombudsman and considered allegations of 
governmental injustices, although in practice the CNDH filled many of 
the roles of national social ombudsman. The government also created the 
Interministerial Delegation for Human Rights, which promotes the 
protection of human rights across all ministries, serves as a 
government interlocutor with domestic and international NGOs, and 
interacts with relevant U.N. bodies regarding international human 
rights obligations.
    In the case of allegations of serious human rights abuses, the 
parliament may create a special committee to investigate. In 2010 such 
a parliamentary committee composed of both majority and minority 
political party representatives traveled to Western Sahara to 
investigate the Agdim Izik camp dismantlement in November outside 
Laayoune. The committee released its report in January. Parliament also 
created an ad hoc committee in May to investigate accusations by 
numerous human rights NGOs of torture in a detention facility in Temara 
(see section 1.c.).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, social status, faith, culture, regional origin, 
or any other personal circumstance. In practice the government 
generally enforced the law, although societal discrimination against 
women was a problem, particularly in rural areas.

    Women.--Rape and Domestic Violence.--The law punishes men convicted 
of rape with prison terms of five to 10 years; when the conviction 
involves a minor, the prison sentence ranges from 10 to 20 years. 
Sexual assault can result in a prison sentence of up to one year and a 
fine of 15,000 dirhams ($1,797). The government generally enforced the 
law; however, spousal rape is not a crime, and various domestic 
advocacy groups, such as the Democratic League for Women's Rights 
(LDDF), reported that in eight of 10 cases of violence against women, 
the perpetrator was the husband.
    Women.--'s rights organizations pointed to numerous articles of the 
laws pertaining to rape that they saw as perpetuating unequal treatment 
for women and insufficient protection despite family law revisions. 
Sexual assaults often were unreported.
    The number of instances of rape in the country was not available at 
year's end, but the government reported it had investigated 506 cases 
in 2010 and 278 cases in 2009. A 2009-10 national survey by the 
government's agency for statistics and forecasts found that nearly half 
of women were victims of psychological violence; one in six were 
affected by physical violence, and approximately 8 percent suffered 
from sexual violence. According to the survey, 35.3 percent reported 
having been subjected to physical violence at least once since the age 
of 18, and 23.9 percent of women ages 18-64 reported undergoing a form 
of physical or sexual violence in 2009. Marital violence was the most 
common form of violence reported. The government indicated that it 
expected a rise in reported incidents of violence as supporting social 
services became more available.
    The law does not specifically prohibit domestic violence against 
women, but the general prohibitions of the criminal code address such 
violence. High-level misdemeanors occur when the victim suffers 
injuries that result in 20 days of disability from work. Low-level 
misdemeanors occur for victims who suffer disability for less than 20 
days. NGOs reported that the courts rarely prosecuted perpetrators of 
low-level misdemeanors.
    Physical abuse was legal grounds for divorce, although few women 
reported abuse to authorities, and most victims of domestic violence 
preferred to mediate the problem within the family. Women choosing the 
justice route preferred pursuing divorce in family courts rather than 
police prosecutions.
    The law is lenient toward husbands who commit crimes against their 
wives. Police rarely became involved in domestic disputes. Several 
women's NGOs reported that often laws are not enforced due to societal 
pressures not to break up a family and to the conservative mentality of 
some police and court officials.
    The government operated hotlines for victims of domestic violence. 
A small number of groups such as the Anaruz Network and LDDF were also 
available to provide assistance and guidance to victims. Counseling 
centers existed exclusively in urban areas, and services for victims of 
violence in rural areas were generally limited to local police. Women's 
shelters were not authorized under the law, but a few NGOs made efforts 
to make shelter for victims of domestic abuse available. Courts have 
``victims of abuse cells'' that bring together prosecutors, lawyers, 
judges, women's NGOs, and hospital personnel to review domestic and 
child abuse cases, ensure proper procedure is followed, and determine 
the best interest of the woman or child.
    Many domestic NGOs worked to advance women's rights and promote 
women's issues. Among these were the Democratic Association of Moroccan 
Women, Union for Women's Action, LDDF, and Moroccan Association for 
Women's Rights. All advocated enhanced political and civil rights for 
women. NGOs also promoted literacy and taught women basic hygiene, 
family planning, and child care.

    Sexual Harassment.--Sexual harassment in the workplace is a 
criminal offense, but only when committed by a superior, and it is 
defined as an abuse of authority. Authorities did not effectively 
enforce laws against sexual harassment. According to the government, 
although the law allows victims to sue employers, only a few did so, 
since most feared losing their job as a result or worried about the 
difficulty of proving the violation.

    Reproductive Rights.--Contraception is legal, and most forms were 
widely available. Individuals and couples were able to decide freely 
and responsibly the number, spacing, and timing of their children and 
had the information and means to do so free from discrimination, 
coercion, and violence. The Ministry of Health ran two programs: one 
with mobile clinics providing maternal and child health and family 
planning services in remote rural areas, and the other involving 
systematic home visits to encourage the use of contraception and 
provide family planning and primary health-care services. In practice 
NGOs reported that women often faced obstacles in obtaining emergency 
contraception from pharmacies. Skilled attendance at delivery and 
postpartum care were available for women who could afford it, with 
approximately 63 percent of overall births attended by skilled health 
personnel. The most recent U.N. statistics showed that there were 
approximately 110 maternal deaths per 100,000 live births in the 
country in 2008 and that 52 percent of women ages 15-49 used a modern 
method of contraception in 2010. The major factors influencing maternal 
mortality and contraceptive prevalence rates were female illiteracy, 
lack of knowledge about availability of services, cost of services, and 
transportation to health centers and hospitals for those in rural 
areas.

    Discrimination.--The constitution provides women equal rights with 
men in civil, political, economic, cultural, and environmental 
affairs--an improvement from the previous constitution, which provided 
only political equality. The constitution created a new body to monitor 
gender equality issues, the Authority for Equality and the Fight 
against all Forms of Discrimination.
    Numerous problems related to discrimination against women remained. 
Women's inheritances, which are determined by Sharia (Islamic law) for 
Muslims, vary depending on circumstances, but are less than those of 
men. Under Islamic law, daughters receive half of what their brothers 
receive, and if a woman is the only child, she receives half and other 
relatives receive the other half. A sole male heir would receive the 
entire estate. Inheritance laws were not changed during the reform of 
the family code and were not specifically addressed in the new 
constitution.
    According to two Ministry of Interior decrees from 1995 and 2004, 
women are entitled to their share of collective lands, which make up 
one-third of the country's territory. While ministry decrees carry the 
force of law, implementation has met considerable local resistance from 
men. Despite considerable lobbying by women's NGOs, enforcement of 
these property laws remained inconsistent. However, the efforts of such 
NGOs prompted the Ministry of Interior to publish new circulars--which 
do not carry the force of law--in 2009 and 2010 that further pressed 
for local enforcement of women's collective lands rights. The 
government followed up with training for local authorities on the 
implementation of the land allocation process. Women's NGOs reported 
that the situation improved over the course of the year but wanted the 
government to codify their rights in formal legislation.
    The 2004 family code (Moudawana) changed the marriage age for women 
from 15 to 18 years, placed the family under the joint responsibility 
of both spouses, and rescinded the wife's duty of obedience to her 
husband. The Moudawana removed the requirement for woman to have a 
marital tutor as a condition of marriage, made divorce available by 
mutual consent, and placed legal limits on polygamy.
    Implementation of the controversial family law remained a concern 
because it is largely dependent on the judiciary's willingness to 
enforce it, and many judges did not agree with it. Corruption among 
working-level court clerks and a lack of knowledge about its provisions 
among lawyers were also obstacles to greater enforcement of the law.
    There were few legal obstacles to women's participation in business 
and other economic activities; however, the rate of participation in 
the formal labor force was only 28 percent. In practice women were not 
represented in leadership positions in trade unions. The majority of 
women were illiterate, and a typical working woman earned 25 percent of 
what a man earned. Women were able to travel, receive loans, and start 
businesses without the permission of their husbands or fathers.

    Children.--Birth Registration.--Since 2007 the law has permitted 
female citizens to pass nationality to their children. Previously, 
nationality was passed only through the father.

    Education.--Girls continued to lag behind boys in school attendance 
beyond the primary level.

    Child Abuse.--Although NGOs, human rights groups, media outlets, 
and the U.N. Children's Fund (UNICEF) claimed that child abuse was 
widespread, there were no conclusive government statistics on the 
extent of the problem. Anecdotal evidence also showed that abuse of 
child domestic servants was a problem.
    The government maintained 20 child protection centers (CPCs), five 
specifically for girls. The CPCs were originally intended to provide an 
alternative to prison for underage juvenile delinquents; however, the 
centers were used to house delinquents, homeless children, victims of 
domestic violence, drug addicts and other ``children in distress'' who 
have committed no crime. Unlike the prisons, the CPCs were managed by 
the Ministry of Youth and Sports.

    Child Marriage.--The legal age of marriage is 18 years, but parents 
may secure a waiver from a judge for underage marriage. The judiciary 
approved the vast majority of petitions for underage marriages. 
Although the government took concrete steps to address it, child 
marriage remained a concern, especially in rural areas.

    Sexual Exploitation of Children.--Children were exploited through 
prostitution within the country and were victims of sex tourism.

    International Child Abductions.--The country became a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction with an effective date of June 1. 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.--Community leaders estimated that the size of the 
country's Jewish population was approximately 4,000 members. Jews 
generally lived in safety, and the government provided them appropriate 
security. There were no reports of anti-Semitic acts.
    Some vendors at the annual government-sponsored book fair in 
Casablanca in February offered publications that were anti-Semitic. 
There was no indication that the government promoted these works.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The new constitution codifies the 
government's role in protecting the rights of persons with 
disabilities. The law prohibits discrimination against persons with 
physical, sensory, intellectual, and mental disabilities in employment, 
education, and access to health care; however, the government generally 
did not effectively enforce these provisions. The law also provides for 
regulations and building codes that assure access for persons with 
disabilities, although the government did not effectively implement 
these laws and regulations. While building codes have required 
accessibility for all persons since 2003, the codes exempt most 
preexisting structures and were rarely enforced upon new structures. 
Government policy provided that persons with disabilities should have 
equal access to information and communications, but special 
communication devices for the blind and deaf were generally not widely 
available.
    The Ministry of Social Development, Family, and Solidarity has 
responsibility for protecting the rights of persons with disabilities 
and attempted to integrate persons with disabilities into society by 
implementing a quota of 7 percent for persons with disabilities in 
vocational training in the public sector and 5 percent in the private 
sector. Both sectors were far from achieving such quotas. Since 2008 
the government has opened some 400 integrated classes for children with 
learning disabilities, but in practice integration was largely left to 
private charities. Typically, families supported persons with 
disabilities, although some survived by begging.

    National/Racial/Ethnic Minorities.--Many of the poorest regions in 
the country--particularly the Middle Atlas region--are predominantly 
Amazigh with illiteracy as high as 80 percent. Basic governmental 
services in this mountainous and underdeveloped region were not 
extensive.
    Official languages are Arabic and--with the new constitution--
Amazigh. Arabic predominates, but French and Amazigh were available in 
the news media and, to a much lesser extent, educational institutions.
    Approximately 60 percent of the population, including the royal 
family, claimed some Amazigh heritage. Amazigh cultural groups 
contended that their traditions and language were being lost rapidly to 
Arabization. The government increasingly provided television programs 
in the three Amazigh dialects of Tarifit, Tashelhit, and Tamazight. The 
government also offered Amazigh language classes in the curriculum of 
3,470 schools. Expanding Amazigh language education was hindered 
primarily by a lack of qualified teachers, which the palace-funded 
Royal Institute of Amazigh Culture was addressing through the creation 
of university-level teacher training. Instruction in learning the 
Amazigh language is mandatory for students at the Ministry of Interior 
School for Administrators in Kenitra.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The penal code criminalizes 
consensual same-sex sexual activity, but these provisions were 
infrequently enforced. Questions of sexuality, sexual orientation, and 
gender identity were addressed in the media and in public with more 
openness than in previous years.
    Sexual orientation or gender identity occasionally constituted the 
basis for societal violence, harassment, blackmail, or other actions, 
generally at a local level. There were infrequent reports of societal 
discrimination, physical violence, or harassment based on sexual 
orientation or gender identity. The government deems lesbian, gay, 
bisexual, or transgender orientation or identity illegal; therefore, 
there were no reports of official discrimination based on sexual 
orientation or gender identity in employment, housing, statelessness, 
or access to education or health care.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence against individuals living with HIV/AIDS, but 
there was a stigma attached to being tested for HIV/AIDS. Persons 
living with HIV/AIDS in the country faced discrimination and had 
limited treatment options. The Joint U.N. Program on HIV/AIDS reported 
some health-care providers were reluctant to treat persons with HIV/
AIDS for fear of infection.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides workers with the rights to form and join 
unions, strike, and bargain collectively, with some restrictions. 
Certain categories of government employees, including members of the 
armed forces, police, and judiciary, are prohibited from forming and 
joining unions and from conducting strikes. Domestic workers are not 
prohibited by law from unionizing, nor are they explicitly permitted, 
as they are not covered by the labor code.
    According to the labor code, the wages and employment conditions of 
unionized workers should be agreed upon in discussions between employer 
and worker representatives. The law allows several independent unions 
to exist, but the code requires 35 percent of the total employee base 
to be associated with the union for it to be considered representative 
and able to engage in collective bargaining. The law prohibits 
antiunion discrimination and prohibits companies from dismissing 
workers for participating in legitimate union-organizing activities. 
Courts have the authority to reinstate arbitrarily dismissed workers 
and can enforce rulings that compel employers to pay damages and back 
pay.
    The law concerning strikes requires compulsory arbitration of 
disputes, prohibits sit-ins, calls for a 10-day notice of a strike, and 
allows for hiring replacement workers. The government can intervene in 
strikes, and a strike cannot take place around issues covered in a 
collective contract for one year after the contract comes into force. 
The government has the authority to disperse demonstrations in public 
areas where strikes have not been authorized and to prevent the 
unauthorized occupancy of private space. Unions may not prevent 
nonstrikers from working and may not engage in sabotage.
    The government did not always enforce labor laws due to a lack of 
sufficient inspection personnel and resources. Procedures were subject 
to lengthy delays and appeals.
    In practice freedom of association and the right to collective 
bargaining were generally respected. However, the effective scope of 
collective bargaining was limited. Employers frequently set wages 
unilaterally for the majority of unionized and nonunionized workers. 
The country's five largest unions negotiated with the government about 
national-level labor issues. At the sectoral level, trade unions 
negotiated with private employers concerning minimum wage, 
compensation, and other concerns.
    Labor disputes were common and were in some cases the result of 
employers failing to implement collective bargaining agreements and 
withholding wages. Trade unions complained that at times the government 
used the penal code to prosecute workers for striking and suppress 
strikes. However, trade unions reported that the right to strike was 
respected more during the year due to the effects of large social 
protests associated with the Arab Spring. Although most union 
federations were strongly allied with political parties, unions were 
free from government interference.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor. In practice labor inspectors 
did not inspect the small workshops and private homes where the 
majority of such practices occurred, as the law does not allow labor 
inspections in private homes. Inspectors' effectiveness was limited by 
their small numbers, the broad geographic dispersion of sites, and the 
low level of resources at their disposal.
    Forced labor, especially of children, was reported. Girls from 
rural areas were compelled to work as maids in urban areas, and boys 
experienced forced labor as apprentices in the artisan and construction 
industries and in mechanic shops (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 
minimum age for employment in all sectors is 15 years. Children younger 
than 16 are prohibited from working more than 10 hours per day and 
employers must give them a break of at least one hour. Children younger 
than 16 are not permitted to work between the hours of 9 p.m. and 6 
a.m. in nonagricultural work, or between 8 p.m. and 5 a.m. in 
agriculture. The overwhelming majority of child laborers worked in 
rural agriculture, according to the government's statistical agency, 
the High Planning Commission. Seasonal agriculture work is excluded 
from the law. The law prohibits employment of children younger than 18 
in stone quarries, mines, or any other positions the government 
considers hazardous. The labor code, however, does not cover domestic 
labor and therefore does not prohibit the employment of child maids or 
domestics.
    The Ministry of Employment and Professional Development is 
responsible for implementing and enforcing child labor laws and 
regulations. The law provides for legal sanctions against employers who 
recruit children under the age of 15, with fines ranging from 27,000 to 
32,000 dirhams ($3,235 to $3,835). Legal remedies to enforce child 
labor laws include criminal penalties, civil fines, and withdrawal or 
suspension of one or more civil, national, or family rights, including 
denial of legal residence in the country for five to 10 years.
    The ministry did not systematically enforce these sanctions due to 
a lack of resources. According to various reports, police, prosecutors, 
and judges rarely enforced legal provisions on ``forced labor in cases 
involving child domestics,'' and few parents of children working as 
domestics were willing or able to pursue legal avenues that were likely 
to provide any direct benefit.
    According to Justice Ministry officials, no one was convicted 
during the year for employing a child domestic. Labor inspectors 
responsible for enforcing the labor code do not have jurisdiction to 
inspect private residences. The Ministry of Employment's small cadre of 
labor inspectors did not monitor the informal sector. Forty-three of 
the 51 national labor inspectorates had an inspector trained in child 
labor issues. These inspectors received up to 14 weeks of training from 
the International Labor Organization's (ILO's) International Program on 
the Elimination of Child Labor (IPEC), which trained the 43 child labor 
inspectors as well as 50 new general inspectors during the year.
    Noncompliance with child labor laws was common in practice, 
particularly in agriculture and private urban residences, where parents 
placed children as young as six years of age to work as domestic 
servants.
    Under the 2006-15 National Plan of Action for Children, the 
government expanded coordination with local, national, and 
international NGOs on education and training programs during the year. 
The ministry, led by the Office of the Director of Work, in conjunction 
with NGOs, oversaw programs dealing with child labor. The programs 
sought to decrease its incidence through awareness raising, financial 
assistance to needy families, and the lowering of obstacles to school 
attendance.
    Reducing child labor has been the focus and secondary objective of 
a number of government projects, mainly through increasing training for 
enforcement stakeholders, improving legislation, reducing poverty, 
increasing school retention in rural areas, and providing increased 
protection services. From 2002 through 2010, through its joint efforts 
with the ILO's IPEC, UNICEF, and others, the Ministry of Employment 
reported that 16,283 children were removed from work by providing 
viable alternatives, and 24,560 were preventively assisted.
    Child labor occurred overwhelmingly in rural areas, which accounted 
in 2010 for 91.2 percent of child workers, 93 percent of whom worked in 
agriculture, primarily on family farms. According to 2010 government 
statistics, labor inspectors issued 167 warnings and 45 fines to 
businesses for employing children between the ages of 15 and 18. In 
2009, 15 businesses were fined for employing children under the age of 
15.
    Some children were apprenticed before the age of 12, particularly 
in small family-run workshops in the handicraft industry. Children also 
worked in the informal sector in textiles, carpets, and light 
manufacturing. Children's safety and health conditions and wages were 
often substandard. In a 2011 report the High Planning Commission 
estimated that approximately 13,000 children between the ages of seven 
and 15 worked in urban areas in 2010, largely in the service sector.
    Credible reports of physical and psychological abuse of domestic 
servants were common. Some orphanages were accused of complicity in the 
practice. The parents of children involved were paid for their 
children's work. Most child domestics received food, lodging, and 
clothing instead of monetary payment.
    During the year the High Planning Commission reported that there 
had been a significant reduction in child labor in the last decade, 
claiming that in 2010 there were approximately 147,000 children from 
the ages of seven to 15 actively working, compared with 517,000 
children in the same age group in 1999.
    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 80 dirhams 
($9.60) per day in the industrialized sector and 52.50 dirhams ($6.30) 
per day for agricultural workers. The World Bank absolute poverty level 
threshold wage was 70 dirhams ($8.40) per day.
    The law provides for a 44 to 48 hour maximum workweek with no more 
than 10 hours in a single day, premium pay for overtime, paid public 
and annual holidays, and minimum conditions for health and safety, 
including a prohibition on night work for women and minors. The law 
prohibits excessive overtime. The labor code does not cover domestic 
workers, who are primarily female citizens.
    Occupational health and safety standards are rudimentary, except 
for a prohibition on the employment of women and children in certain 
dangerous occupations. The law outlines 33 areas of hazardous work that 
workers under the age of 18 are prohibited from performing, which 
include working in mines, handling dangerous materials, transporting 
explosives, and operating heavy machinery.
    In practice many employers did not observe the legal provisions for 
condition of work, and the government did not always implement or 
effectively enforce basic provisions of the labor code, such as payment 
of the minimum wage and other basic benefits under the National Social 
Security Fund. The country's labor inspectors attempted to monitor 
working conditions and investigate accidents, but lack of resources 
prevented effective enforcement of labor laws, and penalties were 
generally not sufficient to deter violations.
    Informal businesses hired approximately 60 percent of the labor 
force and often ignored the minimum wage requirements. In many cases 
several family members combined their incomes to support the family. 
Most workers in the industrial sector earned more than the minimum 
wage. Including traditional holiday-related bonuses, workers generally 
were paid the equivalent of 13 to 16 months' salary each year.
    Although workers in principle have the right to remove themselves 
from work situations that endangered health and safety without 
jeopardizing their continued employment, there were no reports of 
workers attempting to exercise this right. According to NGOs, no major 
workplace accidents occurred during the year.

                               __________

                                  OMAN

                           EXECUTIVE SUMMARY
    The Sultanate of Oman is a hereditary monarchy with a population of 
2.7 million, including approximately 816,000 nonnationals. Sultan 
Qaboos Al-Said has ruled since 1970. The sultan has sole authority to 
enact laws through royal decree, although ministries draft laws and 
citizens provide input through a Majlis al-Shura (Consultative 
Council). On October 15, citizens chose among 1,100 candidates running 
for seats on the 84-member Consultative Council. The 29-member Council 
of Ministers advises the sultan on government decisions. The two-house 
Majlis Oman (Oman Council) is composed of the Majlis al-Dawla (State 
Council), whose 83 members are appointed by the sultan, and the Majlis 
al-Shura. On October 19, a new law granted the Oman Council new powers 
that expand its policy review function to include approving, rejecting, 
and amending legislation and convoking ministers of agencies that 
provide direct citizen services. Security forces reported to civilian 
authorities.
    Oman experienced a series of relatively peaceful public protests 
throughout the spring, with demonstrators demanding economic and 
political reforms. There were lengthy sit-ins in the three largest 
cities, including some significant acts of civil disobedience. One man 
died and several were injured when security forces clashed with 
disorderly protesters in the city of Sohar on February 27. On April 1, 
another man died under similar circumstances. Security forces arrested 
and detained hundreds of demonstrators throughout the country for 
illegal weapons possession, arson, destruction of property, vandalism, 
and blocking roads. There was one reported incident, which may have 
been politically motivated, of two human rights activists kidnapped and 
beaten by unknown persons.
    The principal human rights problems were the inability of citizens 
to change their government, limits on freedom of speech, and societal 
mores that discriminate against women.
    Other ongoing human rights concerns included restrictions on 
freedoms of press and association, instances of domestic violence, 
isolated reports that some employers placed expatriate laborers in 
conditions of forced labor or abuse, and lack of independent 
inspections of prisons and detention centers.
    Security force impunity was not a significant problem in the 
country. Security personnel and other government officials generally 
were held accountable 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.--On April 8, human rights activists Said al 
Hashmi and Basma al Rajhi reported being abducted from their car by 
several men, taken to a remote area, and beaten over several hours. Al 
Hashmi and al Rajhi alleged their kidnappers demanded they stop their 
political activities, threatening them with further violence if they 
did not. Both suffered injuries in the attack and were briefly 
hospitalized. The two reported the incident to the police, who had not 
identified their attackers.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the law prohibits such practices, Amnesty 
International published reports of detained protesters beaten in 
prison.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, although the 
primary detention center for illegal immigrants was overcrowded. There 
were on average 750 convicted individuals in jail during the year and 
another few hundred awaiting trial. There were also several hundred 
irregular immigrants in detention centers awaiting deportation. 
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 to request investigation of credible allegations of 
inhumane conditions. The law permitted visits by independent human 
rights observers, and the National Commission on Human Rights began 
regularly visiting prisons. The government investigated and monitored 
prison and detention center conditions, and authorities in some cases 
investigated claims of abuse, but the results of investigations were 
not documented in a publicly accessible manner. There is no ombudsman 
to serve on behalf of prisoners and detainees. Prisoners had access to 
potable water. Conditions for female prisoners were not worse than for 
their male counterparts. Authorities sought to improve prison 
conditions by building a new primary prison facility to international 
standards.
    In December several prisoners convicted of crimes relating to the 
protests earlier in the year allegedly began a hunger strike. At year's 
end, 23 prisoners remained on hunger strike with their condition 
closely monitored by officials.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The Royal Office, part 
of the cabinet, controls internal and external security and coordinates 
all intelligence and security policies. Under the Royal Office, the 
Internal Security Service investigates all matters related to domestic 
security, and the Sultan's Special Forces have limited border security 
and antismuggling responsibilities. The Royal Oman Police (ROP), also 
part of the cabinet, perform regular police duties, provide security at 
points of entry, serve as the country's immigration and customs agency, 
and includes the Coast Guard (ROPCG). The Ministry of Defense, and in 
particular the Royal Army of Oman (RAO), is responsible for securing 
the borders and has limited domestic security responsibilities. The 
security forces performed their duties effectively.
    Civilian authorities maintained effective control over the Internal 
Security Service, the Sultan's Special Forces, the RAO, and the ROP.

    Arrest Procedures and Treatment While in Detention.--The law does 
not require police to obtain a warrant before making an arrest but 
provides that police must either release the person or refer the matter 
to the public prosecutor. For most crimes, the public prosecutor must 
formally arrest or release the person within 48 hours of detention. 
Authorities generally informed detainees promptly of the charges 
against them. There was a functioning bail system. Detainees generally 
had prompt access to a lawyer of their choice, and the state provided 
public attorneys to indigent detainees. Authorities generally allowed 
detainees prompt access to family members, but police sometimes failed 
to notify a detainee's family, or the detainee's sponsor in the case of 
an expatriate laborer, of the detention.

    Pretrial Detention.--For crimes related to terrorism or national 
security, a new law allows the police to hold a detainee for up to 30 
days without charge, and this law was utilized several times during the 
year. Court orders are required to hold suspects in pretrial detention. 
Judges may order detentions for 14 days to allow investigation and may 
grant extensions. Authorities respected these rights in practice.

    Amnesty.--The sultan declared three amnesties for different groups. 
On February 13 and August 29, he pardoned a total of 195 convicted 
individuals, both citizens and foreign nationals. On April 20, the 
sultan pardoned 234 individuals arrested during public protests.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, the sultan may act as a court of final appeal 
and exercise his power of pardon as chairman of the Supreme Judicial 
Council, the country's highest legal body, which is empowered to review 
all judicial decisions. While the government generally respected 
judicial independence, the press questioned government influence in the 
Azzaman newspaper case, in which two of the newspaper's editors and one 
government employee were convicted of slander for an article that 
criticized the undersecretary of justice. Principles of Sharia (Islamic 
law) inform the civil, commercial, and criminal codes. All cases are 
tried by either civilian or military court.

    Trial Procedures.--The law provides for the right to a fair trial 
and stipulates the presumption of innocence. Citizens and legally 
resident noncitizens have the right to a public trial, except when the 
court decides to hold a session in private in the interest of public 
order or morals. There is no trial by jury.
    Defendants have the right to be present, consult with an attorney 
in a timely manner, present evidence, and confront witnesses. Courts 
provide public attorneys to indigent detainees and offer legal defense 
for defendants facing prison terms of three years or more. The 
prosecution and defense counsel direct questions to witnesses through 
the judge. Defendants and their lawyers generally had access to 
government-held evidence relevant to their cases. Those convicted in 
any court may appeal a jail sentence longer than three months and fines 
of more than 480 rials (approximately $1,250). The judiciary generally 
enforced these rights for all citizens. In contravention to the law, 
however, some judges occasionally discriminated against female 
defendants by requesting that they appear in court with their fathers 
or husbands. In such cases, women could seek redress for such treatment 
through the courts.

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

    Civil Judicial Procedures and Remedies.--Civil procedure codes 
govern civil cases. Citizens and nonnationals were able to file cases, 
including lawsuits seeking damages for human rights violations. The 
judiciary was generally independent and impartial, and court orders 
were enforced effectively for all persons. The Administrative Court, 
under the authority of the diwan of the Royal Court, reviews complaints 
about the misuse of governmental authority. It has the power to reverse 
decisions by government bodies and to award compensation. Appointments 
to this court are subject to the approval of the Administrative Affairs 
Council. The court's president and deputy president are appointed by 
royal decree based on the council's nomination. Citizens and foreign 
workers may file complaints regarding working conditions with the 
Ministry of Manpower for alternative dispute resolution. The ministry 
may refer cases to the courts if it is unable to negotiate a solution.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law does not require police to obtain search 
warrants before entering homes, but they often obtained warrants from 
the Public Prosecutor's Office. The government monitored private 
communications, including by cell phone, e-mail, and Internet chat room 
exchanges.
    The Ministry of Interior required citizens to obtain permission to 
marry foreigners, except nationals of Gulf Cooperation Council (GCC) 
countries, whom Omanis may marry without restriction; permission was 
not granted automatically. Citizen marriage to a foreigner abroad 
without ministry approval may result in denial of entry for the foreign 
spouse at the border and preclude children from claiming citizenship 
rights. It also may result in a bar from government employment and a 
2,000 rial fine (approximately $5,200).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The law provides for limited freedom of speech and press. The 
government generally restricted these rights in practice. Journalists 
and writers exercised self-censorship.

    Freedom of Speech.--The law prohibits criticism of the sultan in 
any form or medium; ``material that leads to public discord, violates 
the security of the state, or abuses a person's dignity or his rights"; 
``messages of any form that violate public order and morals or are 
harmful to a person's safety"; and ``defamation of character.'' Courts 
interpreted these laws to mean it is illegal to insult any public 
official, and individuals sometimes were prosecuted for doing so.

    Freedom of Press.--Authorities tolerated limited criticism 
regarding domestic and foreign affairs in privately owned newspapers 
and magazines, although editorials generally were consistent with the 
government's views. The government and privately owned radio and 
television stations did not generally broadcast politically 
controversial material. There was no permanent international media 
presence in the country.

    Censorship or Content Restrictions.--All content in both public and 
private media print outlets was subject to an official, nontransparent 
review and approval process before publication. Journalists and writers 
exercised some self-censorship, although during the protests in the 
early part of the year, this self-restriction decreased noticeably.

    Libel Laws/National Security.--The government used libel laws and 
national security concerns as grounds to suppress criticism of 
government figures and politically objectionable views. Libel was a 
criminal offense, and laws were strictly enforced with heavy fines and 
occasional prison sentences imposed by the courts. The government also 
prohibited publication of any material that ``violated the security of 
the state.'' A new law prohibits publication of any government 
documents without prior government approval. A court sentenced Ibrahim 
al Ma'mari, Yusuf al Haj, and Haroon al Muqaibli to five months in 
prison for crimes relating to accusations against the minister of 
justice. Al Ma'mari and al Haj accused the minister of corruption in a 
series of news articles published in Azzaman newspaper, which the 
accused edited. Al Muqaibli was the government employee who leaked the 
information to the newspaper. The newspaper also was ordered to close 
for one month. The case was under appeal at year's end, and none of the 
penalties had been applied.

    Publishing Restrictions.--The law permits the Ministry of 
Information to review all media products and books produced within or 
imported into the country. In the ministry only occasionally prohibited 
or censored material viewed as politically, culturally, or sexually 
offensive from domestic and imported publications. There were no major 
publishing houses in the country, and publication of books remained 
limited.

    Internet Freedom.--The law restricts free speech via the Internet, 
and the government enforced the restrictions. The government's national 
telecommunications company and two private telecommunications providers 
made Internet access available for a fee to citizens and foreign 
residents. Internet access was available via schools, workplaces, wide 
area networks at coffee shops and other venues, especially in urban 
areas.
    The Telecommunications Regulatory Authority monitored the 
activities of telecommunications service providers and obliged them to 
block access to numerous Web sites considered pornographic, culturally 
or politically sensitive, or competitive with local telecommunications 
services. The criteria for blocking access to Internet sites were not 
transparent or consistent, although Web logs were sometimes blocked. 
The government blocked popular Web forum ``Al Hurra'' after its 
moderators refused to supply them with the IP address of a commentator 
who had written on a ``political subject.'' The Web site was shut down 
for a month. Authorities also blocked some Web sites used to circumvent 
censorship, such as virtual private networks.
    The government placed warnings on other Web sites informing users 
that criticism of the sultan or personal criticism of government 
officials would be censored and could lead to police questioning, 
effectively increasing self-censorship.
    Web site administrators or moderators were cautious concerning 
content and were reportedly quick to delete potentially offensive 
material in chat rooms, on social networking fora, and on Web log 
postings.

    Academic Freedom and Cultural Events.--The government limited 
academic freedom, particularly the publication or discussion of 
controversial matters such as domestic politics, through the threat of 
dismissal. Academics largely practiced self-censorship.
    The government censored publicly shown films, primarily for sexual 
content and nudity. Organizations appeared to avoid controversial 
issues due to the belief authorities might not approve such events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for limited freedom of assembly, and the 
government restricted this right in practice. Government approval was 
necessary for all public gatherings. Authorities enforced this 
requirement sporadically.
    Dozens of public demonstrations and labor strikes occurred 
throughout the country during the first half of the year. For example, 
on February 27, police responded to demonstrators in Sohar who were 
destroying property and committing arson. Police shot into the crowd 
with rubber bullets and used tear gas. One man died and several were 
wounded. On April 1, protester Khalifa al-Alawi was killed in Sohar 
during a clash with security forces using rubber bullets and tear gas 
against rock-throwing demonstrators. Following this encounter, the 
security forces dispersed demonstrators who had established long-term 
sit-ins, one in Salalah and another in Sohar. Although hundreds of 
people were initially detained, the sultan pardoned the majority before 
they were charged. Of the 39 eventually charged and prosecuted, all 
were accused of engaging in violent behavior or illegal weapons 
possession, with 23 eventually convicted with terms ranging from a few 
months to five years in prison.

    Freedom of Association.--The law provides for freedom of 
association ``for legitimate objectives and in a proper manner.'' The 
Council of Ministers limited freedom of association in practice by 
prohibiting associations whose activities were deemed ``inimical to the 
social order'' or otherwise not appropriate, and did not license groups 
regarded as a threat to the predominant social and political views or 
the interests of the country. Associations also must register with the 
Ministry of Social Development, which approves all associations' 
bylaws. The average time required to register an association was 
approximately two years, although the process could be as short as two 
months. Approval time varied based on the level of preparedness of the 
applying organization and was often longer when a group required 
significant help from the ministry to formalize its structure. Formal 
registration of nationality-based associations was limited to one 
association for each nationality.
    No association may receive funding from an international group 
without government approval. Individuals convicted of doing so for an 
association may receive up to six months in jail and a fine of 500 
rials (approximately $1,300). Heads of domestic NGOs reported that the 
government periodically asked to review their financial records to 
confirm sources of funding and required NGOs to inform the government 
of any meetings with foreign organizations or diplomatic missions.

    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 repatriation, and the government 
generally respected these rights in practice. The law does not 
specifically provide for foreign travel or emigration. The Office of 
the U.N. High Commissioner for Refugees (UNHCR) did not visit the 
country during the year, and it did not maintain an office or personnel 
in the country. Some humanitarian organizations were restricted in 
their ability to provide refugees with assistance. Specifically, 
authorities prohibited the U.N. Children's Fund (UNICEF) from 
fulfilling the role of UNHRC in its absence, although other entities 
were allowed to assist refugees.

    In-Country Movement.--There were no government restrictions on 
internal travel for any residents or citizens. Foreigners could not 
change jobs without first obtaining sponsorship from the new employer.

    Foreign Travel.--In 2010 the government removed the requirement 
that a married woman obtain her husband's consent before receiving a 
passport. Foreigners working in the country must obtain an exit visa 
from their employer prior to leaving the country.

    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 providing protection to refugees. The ROP is 
responsible for determining refugee status but did not grant asylum or 
accept refugees for resettlement during the year. The ROP's system for 
granting refugee status was not transparent, and the law does not 
specify a time frame in which the ROP must adjudicate an asylum 
application.

    Nonrefoulement.--In practice the government did not provide 
protection against the return of refugees to countries where their 
lives or freedom would be threatened. Tight control over the entry of 
foreigners effectively limited access to protection for refugees and 
asylum seekers. Authorities apprehended and deported hundreds of 
Somalis, Yemenis, Ethiopians, and Eritreans who sought to enter the 
country illegally by land and sea in the South, and Afghans and 
Pakistanis who generally came to the country by boat via Iran in the 
North. Authorities generally detained these persons in centers in 
Salalah or the northern port city of Sohar, where they stayed an 
average of one month before deportation to their countries of origin.
    The law provides citizenship at birth if the father is an Omani 
citizen, if the mother is a citizen and the father is unknown, or if a 
child of unknown parents is found in the country. The law provides that 
an adult may become a citizen by applying for citizenship and 
subsequently residing legally in the country for 20 years, or 10 years 
if married to a male citizen. During that time he/she cannot reside 
more than one month of each year outside the country. However, a person 
seeking naturalization is expected first to give up any previous 
citizenship.
    Women were not allowed to transmit citizenship to their spouses or 
children.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens with the right to change their 
government. The sultan retains ultimate authority on all foreign and 
domestic issues. With the exception of the military and other security 
forces, all citizens 21 years old and older have the right to vote for 
candidates for the Consultative Council. In October the sultan issued a 
royal decree granting limited legislative authority to the Oman 
Council, which must either approve or suggest amendments to new laws. 
Members of the Consultative Council enjoy freedom of speech in their 
debates on subjects related to their duties.

    Elections and Political Participation.--Recent Elections.--On 
October 15, approximately 60 percent of 518,000 registered voters 
participated in elections for the Consultative Council. Electoral 
commissions reviewed potential candidates against a set of objective 
educational and character criteria (high school education, no criminal 
history or mental illness) before allowing candidates' names on the 
ballot. The Ministry of Interior closely monitored campaign materials 
and events. There were no notable or widespread allegations of fraud or 
improper government interference in the voting process. The government 
did not allow independent monitoring of the elections.

    Political Parties.--The law does not allow political parties to 
exist.

    Participation of Women and Minorities.--There were 16 women on the 
154-seat Council of Oman with one newly elected female member. There 
were two appointed female ministers, both of whom served in the 29-
member cabinet. Women had difficulties participating equally in 
political life due to conservative social constraints, especially in 
rural areas.
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, including in 
the police and other security organizations.
    In September a court convicted and sentenced two mid-level 
officials at the Ministry of Environment and Climate Affairs to prison 
for their role in the ``stone-crushing'' case, in which building 
permits were granted to personal friends and acquaintances rather than 
on the basis of governmental regulations to protect the environment. In 
October the undersecretary for justice was replaced, after the 
newspaper Azzaman accused him of misusing his office to deny a lower 
ranking official an administrative promotion.
    Public officials are not subject to financial disclosure laws.
    The law does not provide for public access to government 
information, although all royal decrees and ministerial decisions were 
published.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    No registered or fully autonomous domestic human rights groups 
existed. There were civil society groups that advocated for persons 
protected under human rights conventions, particularly women and the 
disabled. These groups were required to register with the Ministry of 
Social Development.

    U.N. and Other International Bodies.--The government allowed 
several international organizations to work in the country without 
interference, including the World Health Organization, and the 
International Labor Organization.

    Government Human Rights Bodies.--The National Human Rights 
Commission (NHRC), a government-funded commission made up of members 
from the public, private, and academic sectors, reported on human 
rights to the sultan via the State Council. During the year, the 
commission issued its first human rights report, which it submitted to 
the U.N. Human Rights Council. It continued investigating 169 human 
rights complaints it received during the year. The NHRC also began 
conducting prison visits, and started a community and school outreach 
program to discuss human rights with students.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination against citizens on the basis of 
gender, ethnic origin, race, language, religion, place of residence, 
and social class. The government generally enforced prohibitions on 
most bases of discrimination effectively, but did not do so for 
discrimination against women.

    Women.--Rape and Domestic Violence.--The law criminalizes rape with 
penalties of up to 15 years in prison, but it does not criminalize 
spousal rape. The government generally enforced the law when cases were 
reported, but cultural and societal influences prevented victims from 
reporting rape. As a result, there was no reliable estimate of the 
extent of the problem. In 2010, the most recent year for which 
statistics are available, the police charged 227 individuals with rape 
or attempted rape. Foreign nationals working as domestic employees 
occasionally reported that their sponsors or employees of labor 
recruitment agencies had raped them. According to diplomatic observers, 
police investigations resulted in few rape convictions, and sponsors 
repatriated most of women who made the allegations. The law does not 
specifically address domestic violence. Assault, battery, and 
aggravated assault carry a maximum sentence of three years in prison. 
Allegations of spousal abuse in civil courts handling family law cases 
reportedly were common. Victims of domestic violence may file a 
complaint with police. Due to societal customs, women often sought 
private family intervention to protect them from violent domestic 
situations. Authorities generally enforced the law when they were aware 
such crimes had occurred.

    Sexual Harassment.--The law does not specifically prohibit sexual 
harassment. In a 2009 study, 11 percent of women surveyed said they had 
been sexually harassed.

    Harmful Traditional Practices.--Although the government prohibits 
female genital mutilation (FGM) in public hospitals and clinics, there 
is no law prohibiting private practitioners from performing the 
procedure. According to press reports, a recent Ministry of Health 
study on FGM found that men and women across all ages broadly accepted 
the practice, especially in rural areas, where it was reported to be a 
common occurrence.

    Reproductive Rights.--The government recognized the basic right of 
couples and individuals to decide freely and responsibly the number, 
spacing, and timing of their children. Health clinics were able to 
operate freely in disseminating information on family planning under 
the guidance of the Ministry of Health. There are no legal restrictions 
on the right to access contraceptives. The government provided free 
childbirth services to citizens within the framework of universal 
health care. Prenatal and postnatal care was readily available and 
used. World Health Organization statistics from 2008 indicated a 
maternal mortality rate of 20 per 100,000 live births. Men and women 
received equal access to diagnosis and treatment for sexually 
transmitted infections, including HIV; however, social taboos prevent 
individuals from seeking treatment.

    Discrimination.--Despite legal and some social progress, including 
the appointment of women as ministers, ambassadors, and senior 
government officials, some social and legal institutions discriminated 
against women. The law prohibits gender-based discrimination against 
citizens. However, some aspects of Islamic law and tradition as 
interpreted in the country discriminated against women. In some 
personal status cases, such as divorce, a women's testimony is equal to 
half of a man's. The law favors male heirs in adjudicating inheritance. 
Women married to noncitizens may not transmit citizenship to their 
children and cannot sponsor their noncitizen husband's presence in the 
country.
    Many women were reluctant to take an inheritance or marriage 
dispute to court for fear of alienating the family. Illiteracy among 
women 45 years of age and older hampered their ability to own property, 
participate in the workforce, or inform themselves about their rights.
    Women may own property, but government officials and banks applied 
different standards to female applicants for housing loans, resulting 
in fewer approvals for women. The law equalizes the treatment of men 
and women in receiving free government land for housing.
    Government policy provided women with equal opportunities for 
education. Alhough educated women held positions of authority in 
government, business, and the media, women still faced some job 
discrimination based on cultural norms. The law entitles women to such 
gender-related protections in the workplace as the right to paid 
maternity leave and equal pay for equal work. The government, the 
largest employer of women, observed such regulations, as did many 
private sector employers.
    The Ministry of Social Development is the umbrella ministry for 
women's affairs. The ministry provided support for women's economic 
development through the Oman Women's Associations and local community 
development centers. The government also formed a committee to monitor 
the country's compliance with the U.N. Convention on the Elimination of 
All Forms of Discrimination against Women.

    Children.--Birth Registration.--Citizenship is derived from the 
father. Women married to noncitizens may not transmit citizenship to 
their children, yet there were no reported cases of statelessness. Most 
births were registered promptly, although authorities granted birth 
certificates and identification paperwork to children born with 
nontraditional Omani names only after an unclear and lengthy civil 
appeals process.

    Education.--Primary school education for citizen children was free 
and universal, but not compulsory.

    Harmful Traditional Practices.--There is no law against female 
genital mutilation (FGM), although the practice is prohibited in public 
hospitals and other public health centers. FGM remains widespread, 
however, and is widely condoned, according to a 2010 Ministry of Health 
study. In the southern Dhofar region, FGM is performed on newborns and 
involves a partial or total clitoridectomy (Type I as defined by the 
World Health Organization). Throughout the rest of the country, FGM 
usually consists of a minor cut made on the clitoris (Type IV). The 
practice is usually carried out by persons with no medical training.

    Sexual Exploitation of Children.--Commercial sexual exploitation of 
children and child pornography are punishable by no less than five 
years' imprisonment. All sex outside of marriage was illegal, and there 
was no minimum age for marriage, but sex with a minor under 15 years of 
age carried a heavier penalty (up to 15 years' imprisonment), and the 
minor was not charged. Children under 18 were not widely used for 
prostitution, and the country was not a destination for child sex 
tourism.

    International Child Abductions.--Oman 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 l report on country-
specific information at http://travel.state.gov/abduction/country/
country--3781.html.

    Anti-Semitism.--There was no Jewish population, and there were no 
reports of anti-Semitic acts or public statements by community or 
national leaders vilifying Jews. Anti-Semitism was present in the 
media. Anti-Semitic editorial cartoons depicting stereotypical and 
negative images of Jews, along with Jewish symbols, were published 
during the year. One overtly anti-Semitic article appeared in privately 
owned newspaper Times of Oman.

    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 persons with 
disabilities, including physical, sensory, intellectual, and mental 
disabilities, the same rights as other citizens in employment, 
education, access to health care, or the provision of other state 
services. However, persons with disabilities continued to face some 
discrimination. The law mandates access to buildings for persons with 
disabilities, but many older buildings, including government buildings 
and schools, were not retrofitted to conform to the law. The law also 
requires private enterprises employing more than 50 persons to reserve 
at least 2 percent of positions for persons with disabilities. In 
practice this regulation was not widely enforced.
    There is no protective legislation to provide for equal educational 
opportunities for persons with disabilities.
    The Ministry of Social Development is responsible for protecting 
the rights of persons with disabilities. During the year the government 
partnered with NGOs and the private sector to address the needs of 
persons with disabilities and combat cultural and societal 
discrimination against such persons through special seminars and 
vocational training. The government provided alternative education 
opportunities for more than 500 children with disabilities, including 
overseas schooling when appropriate; this was largely due to lack of 
capacity within the country. In addition, the Ministry of Education in 
the past partnered with the International Council for Educational 
Reform and Development to create a curriculum for students with mental 
disabilities within the standard school system, which was in place 
throughout the year.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Gay, lesbian, bisexual, and 
transgender (LGBT) persons faced discrimination under the law and in 
practice. Social norms also re-enforced discrimination against LGBT 
persons. The penal code criminalizes consensual same-sex sexual conduct 
with a jail term of six months to three years. There were no reports of 
prosecutions for during the year, although nine prosecutions for sodomy 
occurred in 2009, the most recent year for which statistics are 
available.
    The discussion of sexual orientation and gender identity in any 
context remained a social taboo, and authorities took steps to block 
LGBT-related Internet content. There was no official or overt societal 
discrimination based on sexual orientation or gender identity in 
employment, housing, or access to education or health care.

    Other Societal Violence or Discrimination.--There were no reports 
of societal violence against persons with HIV/AIDS. Foreigners seeking 
residence in the country are tested for HIV; they are denied a visa if 
they are HIV positive.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law recognizes workers' right to form unions and one general 
federation to represent unions in regional and international fora. The 
law prohibits members of the armed forces, other public security 
institutions, government employees, and domestic workers from forming 
or joining unions. At year's end, according to the Ministry of 
Manpower, there were nearly 150 unions at the enterprise level and one 
government-funded general federation of unions.
    The government restricted union activities. The law permits only 
one general federation of unions. The law prohibits unions from 
accepting grants or financial assistance from any source without the 
ministry's prior approval. Unions must notify the government at least 
one month in advance of union meetings, although this requirement was 
not enforced.
    Workers have the right to strike, but strikes are subject to 
certain requirements. The law requires an absolute majority of an 
enterprise's employees to approve the strike, and notice must be given 
to employers three weeks in advance of the intended strike date, 
although the government did not enforce this law in practice. Strikes 
occurred frequently and were generally resolved quickly, sometimes 
through government mediation.
    The law allows for collective bargaining, and regulations require 
employers to engage in collective bargaining on the terms and 
conditions of employment, including wages and hours of work. In cases 
where there is no trade union, collective bargaining may take place 
between the employer and five representatives selected by workers. The 
employer may not reject any of the representatives selected. While 
negotiation is ongoing, the employer may not act on decisions related 
to issues under discussion. The law prohibits employers from firing or 
imposing penalties on employees for union activity. Unions are open to 
all legal workers regardless of nationality.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor. There were reports that adult forced labor 
occurred. Some men and women from South and Southeast Asia, most of 
whom migrated voluntarily to the country as domestic servants or low-
skilled workers in the construction, agriculture, and service sectors, 
faced working conditions indicative of forced labor. Reports included 
instances of passports being withheld, restrictions on movement, 
nonpayment of wages, long working hours without food or rest, threats, 
and physical or sexual abuse. Some employers of domestic workers, 
contrary to the law, continued to withhold documents releasing the 
workers from employment contracts or demanded release fees totaling as 
much as 600 rials (approximately $1,560) before allowing the workers to 
change employers.
    All foreign workers must be sponsored by an Omani employer. It was 
sometimes difficult for an employee to change sponsors.
    The government's labor inspectors performed random checks of 
worksites to ensure compliance with all labor laws and had arrest 
authority for the most egregious violations. The government provided an 
alternative dispute resolution mechanism through the Ministry of 
Manpower, which acted as mediator between the employer and employee for 
minor disputes such as disagreement over wages. If not resolved to the 
employee's satisfaction, he or she could, and often did, resort to the 
courts for relief.
    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 child labor. The minimum age for employment is 15 
years, or 18 years for certain hazardous occupations. Children between 
the ages of 15 and 18 may only work between the hours of 6 a.m. and 6 
p.m. and are prohibited from working for more than six hours per day on 
weekends or on holidays.
    No instances of child labor were reported in the formal sector, 
where the Ministry of Manpower generally effectively enforced the law. 
Minor violations resulted in warnings, and employers were given time to 
correct practices; however, significant violations may result in 
immediate arrests. In practice, enforcement often did not extend to 
small family businesses that employed underage children, particularly 
in the agricultural and fishing sectors.

    d. Acceptable Conditions of Work.--The minimum wage for citizens of 
200 rials (approximately $520) per month did not provide a decent 
standard of living for a worker and family. Approximately 2.5 percent 
of citizens were unable to work and received government assistance. 
Minimum wage regulations did not apply to a variety of occupations and 
businesses, including small businesses employing fewer than five 
persons, dependent family members working for a family firm, some 
categories of manual laborers, and foreign workers.
    The private sector workweek was 45 hours and included a two-day 
rest period following five consecutive days of work. Government workers 
had a 35-hour workweek. The law mandates overtime pay for hours in 
excess of 45 per week. Government regulations regarding hours of 
employment were not always enforced, especially for foreign workers. 
Employees who worked extra hours without compensation could file a 
complaint with the Ministry of Manpower's Directorate of Labor Care.
    The law states an employee may leave dangerous work conditions 
without jeopardy to continued employment if the employer was aware of 
the danger and did not implement corrective measures. Employees covered 
under the labor law may receive compensation for job-related injury or 
illness through employer-provided medical insurance.
    The ministry effectively enforced the minimum wage for citizens. 
There was no minimum wage for noncitizens, although embassies generally 
would not attest contracts for their nationals if they believed the 
salary to be below market standards.
    There were reports that migrant laborers in some firms and 
households worked more than 12 hours a day for as little as 30 rials 
(approximately $78) per month.
    Domestic workers are not covered under the labor law, but separate 
domestic employment regulations obligate the employer to provide 
domestic workers with free local medical treatment throughout the 
contract period. There are no maximum work hour limits, nor any 
mandatory rest periods, although the contract between the employer and 
worker can specify such requirements. Penalties for noncompliance with 
health regulations are small, ranging from approximately 10 to 100 
rials ($26 to $260), multiplying per occurrence per worker and doubled 
upon recurrence.
    The ministry processed complaints and acted as mediator. In a 
majority of cases, the plaintiff prevailed, gaining compensation, the 
opportunity to seek alternative employment, or return to their country 
of origin in the case of foreign laborers. The ministry was generally 
effective in cases regarding minor labor disputes; however, it did not 
refer any egregious violations to the courts during the year.
    Employers often cancelled the employment contracts of seriously 
sick or injured foreign workers, forcing them to return to their 
countries of origin.
    Approximately 180 inspectors from the Department of Health and 
Safety of the Labor Care Directorate generally enforced the health and 
safety codes and made regular on-site inspections as required by law to 
private sector work-sites.

                               __________

                                 QATAR

                           EXECUTIVE SUMMARY
    Qatar is a constitutional monarchy in which Emir Sheikh Hamad bin 
Khalifa al-Thani exercises full executive power. The population is 
approximately 1.76 million, of whom approximately 250,000 are citizens. 
The 2005 constitution provides for hereditary rule by the Emir's male 
branch of the al-Thani family. Sharia (Islamic law) is a primary source 
of legislation. Security forces reported to civilian authorities.
    The principal human rights problems were the inability of citizens 
to peacefully change their government, restriction of fundamental civil 
liberties, and pervasive denial of workers' rights. Despite the 
constitution's establishment of the right of association, the monarch-
appointed government prohibited organized political life and restricted 
civil liberties, including freedoms of speech, press, and assembly and 
access to a fair trial for persons held under the Protection of Society 
Law and Combating Terrorism Law.
    Other continuing human rights concerns included restrictions on 
freedom of religion and movement, as foreign laborers could not freely 
travel abroad. Trafficking in persons, primarily in the labor and 
domestic worker sectors, was a problem. Legal, institutional, and 
cultural discrimination against women limited their participation in 
society. The unresolved legal status of ``Bidoons'' (stateless persons 
with residency ties) resulted in social discrimination against these 
noncitizens.
    The government took steps to prosecute those who committed abuses, 
and there were no cases of impunity reported.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them. The 
government conducted training for law enforcement and military 
personnel that focused on the prohibition of torture.
    The government interprets Sharia as allowing corporal punishment 
for certain criminal offenses. Courts ordered flogging prescribed by 
interpretation of Sharia in cases of alcohol consumption and 
extramarital sex by Muslims. On appeal the court typically reduced this 
sentence to imprisonment or fine. Authorities reportedly did not carry 
out corporal punishment during the year.

    Prison and Detention Center Conditions.--Prisons and detention 
centers generally meet international standards, including clean 
sanitation facilities and potable water. Prisoners and detainees 
generally had access to visitors, although prison officials limited 
access to family and legal counsel at the state security prison. 
According to past reports of detainees at the state security prison and 
visits by the National Human Rights Committee (NHRC) chairman, 
``security'' prisoners did not face significantly different conditions 
from those of the general population. Authorities allowed prisoners and 
detainees to submit complaints to judicial and administrative 
authorities without censorship and to request investigation of credible 
allegations of inhumane treatment. According to authorities they 
investigated allegations, but the results were not public.
    The government permits monitoring visits in accordance with the 
standard modalities to all facilities except the state security prison 
by independent human rights observers and international bodies. The 
last reported visit by an international human rights organization to a 
Qatari detention center was by the International Red Cross to the 
Deportation Detention Center (DDC) in July. The government occasionally 
provided embassies access to state security prisoners at separate 
locations. The government-appointed NHRC conducted regular visits to 
all facilities. Ombudsmen cannot serve on behalf of prisoners and 
detainees.
    There were approximately 600-700 prisoners at the Central Prison, 
the principal facility for convicted criminals, and 500 detainees 
awaiting trial in various detention centers throughout the country. The 
NHRC reported that the DDC held an estimated 1,100 male and 300 female 
detainees. Separate facilities exist for men and women, pretrial 
detainees and convicted prisoners, and juveniles and adults. The 
Ministry of Social Affairs has authority over juvenile detainees and 
held them separately under the supervision of a social worker. There 
was an average of only five or six juveniles held at any given time. 
Conditions for women prisoners were the same as those for men. In 
certain cases, fines, community service, and probation are used for 
nonviolent offenders in lieu of prison sentences. There were no 
reported efforts to improve record-keeping in the prison system.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the government generally observed 
these prohibitions. Authorities may detain individuals in the state 
security prison for indefinite periods under the Protection of Society 
and Combating Terrorism Law. Processing speed for deportations 
increased for most DDC detainees during the year, with the period of 
detention ranging from two days to two months. On July 12, the 
government announced a limit of two months' detention for all DDC 
detainees except those facing additional criminal charges.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police under the Ministry of 
Interior and state security forces, and the government employed 
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.--Criminal law 
requires that persons be apprehended openly with warrants based on 
sufficient evidence and issued by a duly authorized official, be 
charged within 24 hours, and be brought before a court without undue 
delay. Authorities generally respected this in practice for criminal 
law cases. The state security service can arrest and detain suspects 
for up to 30 days without referring them to the public prosecutor.
    However, the Protection of Society Law and Combating Terrorism Law 
provide exceptional procedures that permit detention without charge for 
as long as 15 days, renewable for up to six months. The Protection of 
Society Law permits an additional six months' detention without charge 
with approval of the prime minister, who can extend the detention 
indefinitely in cases of threats to national security. This law 
empowers the minister of interior to detain persons suspected of crimes 
related to national security, honor, or impudence. Decisions under this 
law are subject to appeal by the prime minister only. Although 
generally unused, a provision of this law permits the prime minister to 
adjudicate complaints against these detentions. The Combating Terrorism 
Law permits a second six-month period of detention with approval from 
the Criminal Court, which can extend the detention indefinitely with 
review every six months.
    In most cases a judge may order a suspect released, remanded to 
custody to await trial, held in pretrial detention pending 
investigation, or released on bail. Although suspects are entitled to 
bail (except in cases of violent crimes), it was used infrequently in 
practice. Authorities were more likely to grant citizens bail than 
noncitizens. Noncitizens charged with minor crimes may be released to 
their citizen sponsor, although they cannot leave the country until the 
case is resolved.
    The accused is entitled to legal representation throughout the 
process and prompt access to family members in non-security cases. 
There are provisions for state-funded legal counsel for indigent 
prisoners in criminal cases, and this requirement was generally honored 
in practice. Authorities generally afforded suspects detained under the 
Protection of Society Law and Combating Terrorism Law access to counsel 
but delayed access to family members.
    All suspects except those detained under the Protection of Society 
Law or the Combating Terrorism Law must be presented before the Public 
Prosecutor within 24 hours of arrest. If the Public Prosecutor finds 
sufficient evidence for further investigation, a suspect can be 
detained for up to 16 days before charges must be filed in the courts. 
Judges may also extend pretrial detention for one month, extendable by 
one month at a time up to six months, to provide authorities additional 
time to conduct investigations.

    Arbitrary Arrest.--The law prohibits arbitrary arrest and detention 
and, with few exceptions, the government observed these prohibitions. 
There were reports of individuals detained without formal charges by 
security agencies on allegations of terrorist financing as stipulated 
by the Counter-Terrorism Law.

    Pretrial Detention.--With few exceptions, nearly all suspected 
criminals go to trial within a month of arrest. The Permanent Committee 
on Examining the Conditions of Inmates at the DDC is charged with 
reviewing and acting on the cases of those in custody for two months or 
longer.

    Amnesty.--During Ramadan and on Qatar's National Day, the Emir 
granted amnesty to 140 prisoners, including 37 citizens and 103 
noncitizens. Unlike in previous years, there were no reports that the 
Emir pardoned prisoners on National Human Rights Day.

    e. Denial of Fair Public Trial.--Although the constitution provides 
for an independent judiciary, the Emir, based on the recommendation of 
the Supreme Judicial Council, appoints all judges, who hold their 
positions at his discretion. Approximately 75 percent of the judges 
were foreign nationals dependent on residency permits. During the year 
there were no reports of influence or corruption in the courts. 
Suspects held in pre-trial detention under the Protection of Society 
Law and Combating Terrorism Law had limited access to the legal system, 
including a fair trial.

    Trial Procedures.--The law provides for the right to a fair trial 
for all citizens, and the judiciary generally enforced this right, 
except for suspects held under the Protection of Society Law and 
Combating Terrorism Law.
    The law provides defendants the presumption of innocence. Trials 
are by jury and open to the public, but the presiding judge can close 
the courtroom to the public if he deems the case to be sensitive.
    Defendants are entitled to legal representation at public expense 
throughout the pretrial and trial process. In matters involving family 
law, Shia and Sunni judges may apply their interpretations of Sharia 
for their groups. There were 164 Sunni judges, in addition to one Shia 
judge for the small Shia population.
    Defense attorneys have access to government-held evidence relevant 
to their cases, once the case has been filed in the court. Defendants 
have the right to confront and question witnesses against them and to 
present witnesses and evidence on their own behalf. Defendants have the 
right of appeal within 15 days of a decision, and use of the appellate 
process was common in practice.
    The high fee for appealing to the Court of Cassation in practice 
restricted the right to appeal. In some cases the courts waived the 
appellate fees if the appellant demonstrated financial hardship.

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

    Civil Judicial Procedures and Remedies.--There are civil remedies 
available for those seeking damages for, or cessation of, human rights 
violations, but there were no cases reported during the year. The law 
specifies circumstances that necessitate a judge's removal from a case 
for conflict of interest, and these laws were observed in practice.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and the criminal procedures code 
prohibit such actions, and the government generally respected these 
prohibitions in practice; however, police and security forces 
reportedly monitored telephone calls and e-mails. The government 
prohibits membership in political organizations.
    Citizens must obtain government permission, which was generally 
granted, to marry foreigners. Male citizens may apply for residency 
permits and citizenship for their foreign wives, but female citizens 
can apply only for residency for their foreign husbands, not 
citizenship.
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 in 
accordance with the law, but the government limited these rights in 
practice.

    Freedom of Speech.--Citizens individually discussed sensitive 
political and religious issues, but not in public forums or as part of 
political associations, which do not exist. Members of the much larger 
foreign population did not express themselves publicly on sensitive 
topics. During the year the government-supported Qatar Foundation 
continued to fund the ``Doha Debates,'' a series of public debates 
broadcast by the BBC featuring citizens and noncitizens speaking about 
international (but not domestic) topics, such as whether NATO or Arabs 
should deal with Libya and whether the Arab revolutions will produce 
different dictators.

    Freedom of Press.--The law provides for restrictive procedures on 
the establishment of newspapers, closure, and confiscation of assets of 
a publication. It also criminalizes libel and slander, including injury 
to dignity. All print media were owned by members of the ruling family 
or proprietors who enjoyed close ties to government officials. There 
were no independent broadcast media, and state-owned television and 
radio reflected government views. The government owned the Doha-based, 
Arabic-language al-Jazeera satellite television network, which carried 
international news and local news with an international component. 
Although al-Jazeera management and the government claimed that the 
channel was free of government influence, the government funded it, 
controlled content, and hired and fired the management.

    Violence and Harassment.--In at least one case, the authorities 
contacted a reporter with a warning after the reporter published an 
article critical of the government.

    Censorship or Content Restrictions.--Journalists and publishers 
continued to self-censor due to political and economic pressures when 
reporting on government policies or material deemed hostile to Islam, 
the ruling family, and relations with neighboring states. The Qatar 
Radio and Television Corporation and customs officials censored 
material. There were no specific reports of political censorship of 
foreign broadcast news media or foreign programs. The government 
reviewed and censored foreign newspapers, magazines, and books for 
objectionable sexual, religious, and political content. Local news 
vendors reported that Egyptian newspapers, such as al-Ahram, ``were 
critical of Qatar and were occasionally censored or not allowed in the 
country.''

    Internet Freedom.--The Ministry of Culture restricted the peaceful 
expression of views via the Internet and censored the Internet for 
political, religious, and pornographic content through a proxy server, 
which monitored and blocked Web sites, e-mail, and chat rooms through 
the state-owned Internet service provider. For example, the government 
blocked access to the popular blog ``Ikhbareya,'' which at times 
published articles critical of the government. A user who believed a 
site was mistakenly censored could submit the Web address to have the 
site reviewed for suitability; there were no reports that any Web sites 
were unblocked based on this procedure. The Ministry of Culture is 
responsible for monitoring and censoring objectionable content on the 
Internet. There was no evidence that the government prosecuted or 
punished anyone or attempted to collect, request, obtain, or disclose 
the personally identifiable information in connection with persons' 
peaceful expression of political, religious, or ideological opinion or 
belief.

    Academic Freedom and Cultural Events.--The constitution provides 
for freedom of expression and scientific research according to the 
conditions and circumstances stipulated by law. In practice instructors 
at Qatar University noted that they often exercised self-censorship. 
Instructors at foreign-based universities operating in the country 
reported enjoying academic freedom. There were no reported government 
restrictions on cultural events, although some groups organizing 
cultural events reported that they exercised self-censorship. Films 
were censored for political, religious, and sexual content and for 
vulgar and obscene language.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for, but strictly regulates, 
freedom of assembly. Organizers must meet a number of restrictions and 
conditions to acquire a permit for a public meeting. For example, the 
Director General of Public Security at the Ministry of Interior must 
give permission for a meeting, a decision which is subject to appeal to 
the minister of interior, who has the final decision. There were no 
demonstrations by citizens, but Egyptian, Libyan, and Syrian 
expatriates demonstrated peacefully near their embassies in conjunction 
with the ``Arab Spring.'' Authorities approved permits for these 
protests and did not intervene.

    Freedom of Association.--The constitution provides for the right to 
form groups, defined by the Consultative Council as professional 
associations and private institutions, but the government limited this 
right in practice. A total of 23 professional and private organizations 
existed, the majority of which were charities. They are prohibited from 
engaging in political matters or affiliating internationally and must 
obtain approval from the Ministry of Social Affairs, which can deny 
their establishment if it deems them a threat to the public interest. 
There are no organized political parties or politically oriented 
associations.
    Administrative obstacles, including the slow pace of procedures 
required to form such associations and institutions and strict 
conditions on their establishment, management, and function restricted 
the recognition of these groups. The Minister of Social Affairs must 
approve applications, and the number of noncitizens cannot exceed 20 
percent of the total membership without approval by the ministerial 
cabinet. Only one organization applied to form a professional society 
during the year; the application was pending at year's end. During the 
year the government approved one new nongovernmental organization 
(NGO), a charitable organization.
    Professional societies must pay 50,000 riyals (approximately 
$13,750) in licensing fees, 10,000 riyals ($2,750) in annual fees and, 
since 2010, must have 10 million riyals ($2.75 million) in capital 
funds. Private institutions must also have 10 million riyals in capital 
funds, but this requirement can be waived by the Council of Ministers. 
Registrations expire after three years, after which an association must 
reregister.
    Informal organizations, such as community support groups and 
activity clubs, operated without registration, but they may not engage 
in activities deemed political.

    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, but the government did not fully respect this right in 
practice. The Office of the U.N. High Commissioner for Refugees (UNHCR) 
generally did not ask the government to assist internally displaced 
persons, refugees, returning refugees, asylum seekers, stateless 
persons, and other persons of concern.

    In-Country Movement.--The only restrictions on in-country movement 
for citizens concerned sensitive military, oil, and industrial 
installations. Although there was less emphasis on setting and 
enforcing ``family times'' at entertainment areas in Doha, several 
local malls and souks continued to restrict access to certain areas to 
foreign workers on weekends. Police also restricted foreign workers' 
access to National Day celebrations on the corniche.

    Foreign Travel.--The government prevents the travel of its citizens 
only when they are involved in ongoing court cases. The government 
severely restricted foreign travel for noncitizens, which principally 
affected foreign workers. All noncitizens require an exit permit from 
their employers to leave the country. Although the law provides an 
administrative procedure for obtaining an exit permit without an 
employer's approval, the process was burdensome. Foreign embassies 
reported that the process was ineffective, and they continued to 
receive requests to mediate disputes concerning exit permits between 
foreign workers and their sponsors. The law outlaws the practice of 
employers withholding workers' passports, but it remained a common 
problem due to insufficient enforcement.

    Protection of Refugees.--Access to Asylum.--The law does not 
explicitly provide for the granting of asylum or refugee status, but in 
practice the government occasionally accepted such individuals as 
``guests.'' The small number of persons granted residence on 
humanitarian grounds were legally classified as immigrants.

    Nonrefoulement.--The constitution prohibits the extradition of 
political refugees. The government generally provided protection 
against the expulsion or forcible return of refugees to countries where 
their lives or freedom would be threatened on account of their race, 
religion, nationality, membership in a particular social group, or 
political opinion.
    However, on June 2, a Libyan woman was forcibly deported to 
Benghazi, Libya; she had fled after allegedly being gang-raped by 
Libyan progovernment forces in Tripoli in March. A spokesman for the 
UNHRC, which had recognized her as a refugee, said that it considered 
her forced return a violation of international law by Qatar. The UNHRC 
was ready to transport her to a safe facility in Europe. Government 
officials ignored requests from the UNHRC and diplomatic 
representatives to avoid returning her to Libya. Government officials 
offered no public explanation for the deportation other than to note 
that she overstayed her visa.

    Stateless Persons.--Citizenship derives solely from the father. 
Women do not transmit citizenship to their children, even if the 
parents are married and the child is born in the country. A woman must 
obtain permission from authorities before marrying a foreign national, 
but she does not lose citizenship upon marriage.
    According to the NHRC, there were approximately 300-400 ``Bidoon'' 
residents (stateless persons with residency ties) in the country. They 
suffered social discrimination, but not legal discrimination, based 
upon their lack of nationality. The Bidoon were able to register for 
public services such as education and health care.
    The government provides a legal means for long-term residents to 
acquire citizenship; in practice, restrictions and uneven application 
of the law prevented stateless persons from acquiring citizenship. The 
law allows a maximum of 50 noncitizen residents per year to apply for 
citizenship after residing in the country for 25 consecutive years.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides for hereditary rule by the Emir's branch 
of the al-Thani family and does not provide citizens the right to 
change their government peacefully through elections. The Emir 
exercises full executive powers, including appointment of cabinet 
members. The Consultative Council, whose members the Emir appointed, 
plays an advisory role only. The constitutional provision for 
initiation of legislation by the Consultative Council remained 
unimplemented. The influence of family and tribal traditions was 
strong, and the government did not permit political parties or 
opposition groups.

    Elections and Political Participation.--Recent Elections.--On May 
10, citizens elected the 29 members of the fourth Central Municipal 
Council to four-year terms. The Council advises the Minister of 
Municipality and Urban Affairs on local public services. Diplomatic 
missions noted no apparent irregularities in the elections. There were 
an estimated 120,000 eligible voters, but only 41 percent of the 32,700 
registered voters participated.
    Voting is open to all citizens who are at least 18 years of age and 
who have been naturalized for at least 15 years.
    In November, the Emir announced national elections would be held in 
late 2013 for 30 of the 45 members of the Consultative Council after 
its current term ends.

    Political Parties.--The government did not permit the organization 
of political parties.

    Participation of Women and Minorities.--Although traditional 
attitudes and roles continued to limit women's participation in 
politics, women served in public office as chair of the Qatar 
Foundation, vice president of the Supreme Council for Family Affairs 
(SCFA) with ministerial rank, secretary general of the SCFA, head of 
the General Authority for Museums, ambassador to the U.N. mission in 
Geneva, and president of Qatar University. One woman served on the 
Central Municipal Council and there were two female judges on the Court 
of First Instance.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption and the 
government generally implemented these laws effectively. There were no 
reported cases of government corruption during the year. Public 
officials were not subject to financial disclosure laws.
    The National Committee for Accountability and Transparency has been 
responsible for combating corruption since its establishment in 2007. 
On December 2, the Emir announced the creation of a new Administrative 
Control and Transparency Authority, headed by a deputy prime minister, 
to track ministries and probe claims of abuses of power or funds. Its 
mandate entails probing the misuse of public funds and investigating 
complaints against government officials. The agency may also have 
access to banking details, in cases that allege money laundering 
activities.
    The law does not provide for access to government information 
beyond the requirement that the government publish laws in the official 
gazette. Information on the government such as on the budget, 
expenditures, or draft laws was generally not available.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The three NGOs operating in the country whose charters indicated an 
interest in human rights were all funded by the government and 
responsive to its influence. These included the NHRC, Qatar Foundation 
for Combating Human Trafficking (QFCHT), and Qatar Foundation for 
Protecting Women and Children (QFPWC). They cooperated with the 
government, rarely criticized it, and did not engage in political 
activity.
    No international NGO focusing on human rights or humanitarian 
issues was registered in the country.

    Government Human Rights Bodies.--The government-funded and -
appointed NHRC investigated local human rights conditions. The NHRC 
reported that it handled 296 petitions for assistance during the 
preceding 12 months, 182 of which were from Qataris and 114 from non-
Qataris. During the year the NHRC issued a report on the status of 
human rights covering 2010.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on nationality, 
race, language, religion, and disability but not gender or social 
status. In practice, Qatari custom outweighed government enforcement of 
nondiscrimination laws, and legal, cultural, and institutional 
discrimination existed against women, noncitizens, and foreign workers.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, but 
does not address spousal rape. There were publicized cases of rape 
involving foreigners, but none were reported involving citizens. The 
penalty for rape is life imprisonment, regardless of the age or gender 
of the victim. If the perpetrator is a relative, teacher, guardian, or 
caregiver of the victim, the penalty is death. The government enforced 
the law against rape, but victims feared social stigma and 
underreported the crime.
    There is no specific law criminalizing domestic violence. According 
to the NHRC, domestic violence may be prosecuted under the criminal law 
that provides a general prohibition against violence. According to the 
quasi-governmental QFPWC, domestic violence against women continued to 
be a problem. There were neither arrests nor convictions for family 
domestic violence among citizens publicized in the press, although 
there were reports of cases involving noncitizens. During the year, 406 
cases of domestic abuse against women were reported to the foundation. 
There was no reported data on sexual abuse provided by foreign 
embassies.
    The SCFA operated a shelter under the supervision of the QFPWC to 
accommodate abused women and children. During the year the shelter 
accommodated 20 women and six children. The shelter provided a variety 
of services, including financial assistance, legal aid, and 
psychological counseling.

    Sexual Harassment.--Sexual harassment is illegal and carries 
penalties of imprisonment or fines. In some cases sponsors sexually 
harassed and mistreated foreign domestic servants. Most domestic 
servants did not press charges for fear of losing their jobs. The QFCHT 
reported seven cases of sexual harassment, four of which were 
ultimately resolved outside of court, one that was dismissed by 
prosecutors, and two that were pending before the court. When the 
domestic employees brought harassment to the attention of authorities, 
the employees were occasionally deported and no charges were filed 
against the employer.

    Reproductive Rights.--There were no reports of government 
interference in the right of couples and individuals to decide freely 
and responsibly the number, spacing, and timing of their children and 
to have the information and means to do so free from discrimination or 
coercion. There was no direct government support for access to means of 
contraception, but contraceptives were freely available without a 
prescription. Licensed medical professionals attended mothers at birth, 
and maternal care was readily available. Men and women had equal access 
to treatment for sexually transmitted diseases.

    Discrimination.--The constitution asserts the principle of equality 
between citizens in rights and responsibilities, but legislation such 
as the Housing Law and the Nationality Law undermine this principle of 
equality with regard to women. The law governing the generous 
government housing system was generally applied fairly in practice and 
provides significant protection to women, with the exception of citizen 
women divorced from noncitizen men. The Housing Law requires the 
passage of five years' residency from the date of divorce for these 
citizen women to obtain their housing entitlement. Under the 
Nationality Law, citizen women faced legal discrimination in obtaining 
and transmitting citizenship for their noncitizen husbands and their 
children, respectively.
    Traditions and interpretation of Sharia also significantly 
disadvantage women in family, property, and inheritance law and in the 
judicial system generally. For example, a non-Muslim wife does not have 
the automatic right to inherit from her Muslim husband. She receives an 
inheritance only if her husband wills her a portion of his estate, and 
even then is eligible to receive only one-third of the total estate. 
The proportion that women inherit depends upon their relationship to 
the deceased; in the cases of siblings, sisters inherit only one-half 
as much as their brothers. In cases of divorce, young children usually 
remain with the mother, regardless of her religion, unless she is found 
to be unfit. Women who are granted guardianship over their children by 
law receive their financial rights and associated right of residence.
    Women may attend court proceedings and may represent themselves, 
but a male relative generally represented them. In cases involving 
financial transactions, the testimony of two women equals that of one 
man, but courts routinely evaluated evidence according to the overall 
credibility of the witness and the testimony being offered and not on 
the basis of gender.
    A non-Muslim woman is not required to convert to Islam upon 
marriage to a Muslim, but many make a personal decision to do so. 
Children born to a Muslim father are considered Muslims. Men may 
prevent adult female family members from leaving the country, but only 
by seeking and securing a court order. During the year, there were no 
reports that women older than 18 years of age were prevented from 
traveling abroad.
    According to the Qatar Chamber of Commerce and Industry, women 
constituted approximately 13 percent of business owners, mainly 
operating design companies, fashion establishments, training centers, 
and beauty centers. Women served in the workforce as university 
professors, public school teachers, and police. Women served as 
professionals in government service, education, health, and private 
business. Women received equal pay for equal work, but often lacked 
access to some positions and did not receive equal allowances for 
transportation, housing, and subsistence.
    There is no specialized government office devoted to women's 
equality, but the SCFA and NHRC continued their efforts to improve the 
status of women and the family under both civil and Islamic law. The 
councils contributed to a number of national and international 
conferences, studies, and reports on the status of women in the 
country, as well as the drafting of legislation affecting women and 
children. During the year the SCFA and NHRC made a recommendation to 
the ministerial council to provide equal rights to children of female 
citizens married to noncitizens in the areas of health, education, 
employment, and housing.

    Children.--Birth registration.--Citizenship is derived from one's 
father. The government generally registered all births immediately.

    Education.--The government provides more for the welfare of citizen 
than noncitizen children. Education was free and compulsory for all 
citizens through the age of 18 or through nine years of education, 
whichever comes first. Education is compulsory for noncitizen children, 
but they pay a nominal fee.

    Child Abuse.--There was no societal pattern of child abuse, 
although there were some cases of family violence and physical and 
sexual abuse. The QFPWC reported that, during the year, it received 172 
cases involving abuse of children.

    Child Marriage.--The minimum age for marriage is 18 years for boys 
and 16 years for girls. Marriage of persons below these ages is not 
permitted except in conformity with Qatari religious and cultural 
norms. These norms include the need to obtain consent from the legal 
guardian to ensure that both prospective partners consent to the union 
and apply for permission from a competent court. There were rare 
instances of child marriage in the Bedouin community.

    Sexual Exploitation of Children.--There is no specific law 
establishing a minimum age for consensual sex. By law, sex is 
prohibited outside of marriage (see Child Marriage above). In the 
criminal law, the penalty for sexual relations with a person younger 
than 16 years old is life imprisonment. If the individual is the 
relative, guardian, caretaker, or servant of the victim, the penalty is 
death. There is no specific law prohibiting child pornography as all 
pornography is prohibited, but the antitrafficking in persons law 
passed in October specifically criminalizes the commercial sexual 
exploitation of children.
    The QFPWC conducted awareness campaigns on the rights of the child 
and maintained a special hotline that allowed both citizen and 
noncitizen children to call with questions and concerns ranging from 
school, health, and psychological problems to concerns about sexual 
harassment. This hotline operated in conjunction with the family abuse 
hotline; statistics on use were not available.

    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 an indigenous Jewish 
community; the few Jews in the country were foreigners with no 
restrictions on traveling or working. On occasion, in response to 
political events in the region, some of the country's privately owned 
Arabic-language newspapers carried cartoons depicting offensive 
caricatures of Jews and Jewish symbols and editorial comparisons of 
Israeli leaders and Israel to Hitler and the Nazis. These occurred 
primarily in the daily newspapers al-Watan, al-Sharq, al-Arab, and al-
Raya and drew no government response.

    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 and requires the allocation of resources for, persons with 
physical, sensory, intellectual, and mental disabilities in employment, 
education, access to health care, and other state services or other 
areas. There was no underlying pattern of abuse at education 
facilities, mental health facilities, or prisons. The government is 
charged with acting on complaints from individuals and the NHRC and 
enforcing compliance. The law requires that 2 percent of jobs in 
government agencies and public institutions be reserved for persons 
with disabilities. Private sector businesses employing a minimum of 25 
persons are required to hire persons with disabilities. Employers who 
violate these employment provisions are subject to fines. There were no 
reports of violations during the year.
    Private and independent schools in general provided most of the 
required services for students with disabilities, but government 
schools did not. Few public buildings met the required standards of 
accessibility for persons with disabilities, and new buildings 
generally did not comply with standards. The SCFA is charged with 
ensuring compliance with the rights and provisions mandated under the 
law, but compliance was not effectively enforced.

    National/Racial/Ethnic Minorities.--Legal and social discrimination 
against noncitizen workers was a problem. The government distinguished 
between citizens and noncitizens in employment, education, housing, and 
health services. Noncitizens were required to pay for electricity, 
water, and some secondary and higher education (services provided 
without charge to citizens). Noncitizens were eligible for medical 
coverage at a nominal fee. Noncitizens generally could not own 
property, but the law provides for property ownership in three 
designated areas. Cultural, linguistic, and religious differences and 
divergent economic status accentuated social discrimination between 
citizens and migrant workers. ``Bidoons'' also endured social 
discrimination.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law prohibits same-sex 
sexual conduct between men but is silent on same-sex relations between 
women. Under the criminal law, a man convicted of having sexual 
relations with another man or boy younger than 16 years old is subject 
to a sentence of life in prison. A man convicted of having same-sex 
sexual activity with another man older than 16 is subject to a sentence 
of seven years in prison. There were an unknown number of cases before 
the courts during the year. There were no lesbian, gay, bisexual, or 
transgender (LGBT) organizations in the country. During the year, no 
violence was reported against LGBT persons, but there was an underlying 
pattern of discrimination toward LGBT persons based on cultural and 
religious values prevalent in the society.

    Other Societal Violence or Discrimination.--There was 
discrimination against HIV-infected patients. HIV-positive foreigners, 
whose condition was typically diagnosed during their medical 
examinations upon arrival in the country, were deported. HIV-positive 
citizens were quarantined and received treatment.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law permits worker organizations in private enterprises that have 
100 citizen workers 18 years of age and older. The law grants these 
workers the rights to strike and bargain collectively. The law 
prohibits those working in the public sector from forming and joining 
unions. However, the law also makes the exercise of these rights 
difficult. Noncitizens are not eligible to form worker committees, and 
foreign workers may only be members of joint labor-management 
committees.
    The labor code allows for only one trade union: the General Union 
of Workers of Qatar, which consisted of general committees for workers 
in various trades or industries. A general committee must have 100 or 
more members. These trade or industry committees in turn are composed 
of worker committees at the individual firm level. The law forbids 
worker organizations from affiliating with groups outside the country.
    Although the law recognizes the right to strike, restrictive 
conditions made the likelihood of a legal strike extremely remote. 
Civil servants and domestic workers cannot strike; the law also 
prohibits strikes at public utilities and health or security service 
facilities, which include the gas, petroleum, and transport sectors. 
The law requires approval for a strike by three-fourths of a company's 
workers committee. Such committees are composed of an equal number of 
representatives from management and labor, making it practically 
impossible for labor to gain a strike authorization. The Labor 
Department of the Ministry of Civil Service must rule on all industrial 
disputes before workers can call a strike. Foreign embassies reported 
several cases in which they intervened to resolve labor disputes 
reported by their nationals working in the country.
    In the past the government responded to labor unrest by dispatching 
large numbers of police to the work sites or labor camps involved; the 
strikes generally ended peacefully after these shows of force. In most 
cases the government summarily deported the workers' leaders and 
organizers.
    The government circumscribed the right to bargain collectively 
through control over the rules and procedures of the bargaining and 
agreement processes. Employees could not freely practice collective 
bargaining, and there were no workers under collective bargaining 
contracts.
    Local courts handled disputes between workers and employers. In 
practice foreign workers avoided drawing attention to problems with 
their employers due to fear of retaliation and deportation. The Human 
Rights Office at the Ministry of Interior served as the point of 
contact for the complaints of foreign workers, who were mostly from 
South and South East Asia.

    b. Prohibition of Forced or Compulsory Labor.--On October 23, the 
government enacted an antitrafficking in persons (TIP) law prohibiting 
all forms of forced or compulsory labor, with up to 15 years' 
imprisonment for the most serious offenses. The QFCHT conducted 
training for law enforcement officials on applying the new anti-TIP 
law, including methods of investigation and identifying victims.
    Reports of forced labor continued, especially in the construction 
and domestic labor sectors, which disproportionally affected migrant 
workers. Some foreign workers who voluntarily entered the country for 
work found themselves working under circumstances indicative of forced 
labor, such as withholding of passports and travel documents, refusal 
to grant exit permits, and working under conditions to which they had 
not agreed.
    On March 1, the QFCHT issued a National TIP Action Plan 2010-15 
that aims to prevent the spread of human trafficking, provide 
protection for TIP victims, and punish traffickers. According to the 
QFCHT, at year's end the government had implemented 95 percent of the 
plan's programs and projects for 2010-11 and 80 percent for 2011-12.
    In 2010 the Ministry of Labor conducted 20,872 regular monthly 
inspections and 3,030 spot inspections during the year. There was no 
new information on inspections in 2011. Companies found in violation of 
labor laws were generally given several weeks to correct their actions. 
A company's second violation would result in its placement on a 
strictly enforced government ``blacklist,'' which prohibits companies 
from obtaining additional visas or hiring additional foreign 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 
law sets the minimum age for employment at 16. The law stipulates that 
minors between the ages of 16 and 18 can work with parental or guardian 
permission. Minors may not work more than six hours a day or more than 
36 hours a week. Employers must provide the Labor Department with the 
names and occupations of their minor employees and obtain permission 
from the Ministry of Education to hire a minor. The Labor Department 
may prohibit the employment of minors in jobs judged dangerous to the 
health, safety, or morals of minors.

    d. Acceptable Conditions of Work.--There is no minimum wage. The 
median wage of noncitizen workers did not provide a decent standard of 
living for a worker and family. The law prescribes a 48-hour workweek 
with a 24-hour rest period, but most government offices followed a 36-
hour workweek. Employees who worked more than 48 hours per week or 36 
hours per week during the holy month of Ramadan are entitled to 
overtime pay of at least a 25 percent wage supplement. Government 
offices and major private sector companies adhered to this law, while 
employers often ignored the law with respect to unskilled laborers, 
construction workers, and domestic and personal employees, the majority 
of whom were foreigners. Domestic workers are not covered under the 
labor law. Many such workers frequently worked seven days a week and 
more than 12 hours a day with few or no holidays, no overtime pay, and 
no effective means to redress grievances.
    There are laws regarding worker safety and health, but 
enforcement--a combined responsibility of the Ministry of Energy and 
Industry, Ministry of Health, and Labor Department--was uneven due to 
insufficient training and lack of personnel. Violators faced penalties 
of up to 6,000 QR ($1,648) and 30 days' imprisonment in the most 
serious cases, but labor observers reported that most safety and health 
violations were handled through administrative fines or blacklisting. 
The Labor Department opened an office in Doha's Industrial Area, where 
most unskilled laborers resided, to receive complaints about worker 
safety or nonpayment of wages.
    Diplomatic representatives visited labor camps and found many 
unskilled foreign laborers living in cramped, dirty, and hazardous 
conditions, often without running water, electricity, or adequate food. 
The Labor Inspection Department conducted monthly and random 
inspections of labor camps; when it found them below minimum standards, 
the operators received a warning, and authorities ordered them to 
remedy the violations within one month. If they did not remedy the 
violations, the Labor Department referred the matter to the public 
prosecutor for action, and some cases went to trial.
    During the year inspectors conducted a total of 24,107 observations 
of work and labor housing sites. Inspectors found 20,669 acceptable and 
1,531 unacceptable, the latter of which resulted in bans on the 
companies in question; 493 remained under investigation at year's end. 
Foreign labor officials reported that conditions at most labor camps in 
the country remained below international standards. A foreign embassy 
reported acceptable conditions at multiple camps that housed its 
nationals, and embassy staff visited on a regular basis. A recent 
survey of low-skilled laborers revealed that the average foreign 
laborer worked 9.7 hours per day and that 96 percent of laborers worked 
six or seven days a week. Other studies concluded that low-skilled 
laborers earned an average of 14,000 QR ($3,846) annually.
    According to foreign diplomats and some individual migrant workers, 
the Ministry of Labor's Department of Labor Affairs was widely 
perceived to be objective within its narrow mandate when dealing with 
the nonpayment of wages. The department claimed that it resolved 80 
percent of the 3,630 complaints filed by workers between January and 
September. The ministry referred 292 cases to the labor courts for 
judgment. A limited number of labor complaints were referred to the 
criminal courts, but statistics were not publicly available.

                               __________

                              SAUDI ARABIA

                           EXECUTIVE SUMMARY
    The Kingdom of Saudi Arabia is a monarchy ruled by King Abdullah 
bin Abdulaziz Al Saud, who is both head of state and head of 
government. The government bases its legitimacy on its interpretation 
of Sharia (Islamic law) and the 1992 Basic Law, which specifies that 
the rulers of the country shall be male descendants of the founder King 
Abdulaziz bin Abdulrahman Al Saud. The Basic Law sets out the system of 
governance, rights of citizens, and powers and duties of the 
government, and it provides that the Qur'an and the Traditions (Sunna) 
of the Prophet Muhammad serve as the country's constitution. On 
September 29, the country held elections on a nonparty basis for half 
of the 1,632 seats on the 285 municipal councils around the country. 
Women were not permitted to be candidates or to vote. Security forces 
reported to civilian authorities.
    The most important human rights problems reported included 
citizens' lack of the right and legal means to change their government; 
pervasive restrictions on universal rights such as freedom of 
expression, including on the Internet, and freedom of assembly, 
association, movement, and religion; and a lack of equal rights for 
women and children, as well as for workers.
    Other human rights problems reported included torture and other 
abuses, poor prison and detention center conditions, holding political 
prisoners and detainees, denial of due process and arbitrary arrest and 
detention, and arbitrary interference with privacy, home, and 
correspondence. Violence against women, trafficking in persons, and 
discrimination on the basis of gender, religion, sect, race, and 
ethnicity were common. Lack of governmental transparency and access 
made it difficult to assess the magnitude of many reported human rights 
problems.
    The government prosecuted and punished a limited number of 
officials who committed abuses, particularly those engaged in or 
complicit with corruption. There were reports that some members of the 
security forces and other senior officials, including those linked to 
the royal family, committed 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 were not known to have committed politically motivated 
killings during the year. However, closed court proceedings in capital 
cases made it impossible to determine whether the accused were allowed 
to present a defense or were granted basic due process, and there were 
reports that security forces in clashes with sometimes-armed 
demonstrators killed persons during demonstrations (see section 2.b.).
    For example, in one of the reported 79 executions during the year, 
Amina bint Abdulhalim Nassir, a 60-year-old woman, was beheaded on 
December 12 in the northern province of Al-Jouf reportedly after her 
conviction of criminal charges of practicing ``witchcraft and 
sorcery.'' Absent a penal code, there is no precise legal definition of 
witchcraft, magic, or sorcery. According to press reports, she was 
arrested in 2009 and following an investigation was tried by a first-
instance court, which found her guilty of practicing magic and sorcery 
and sentenced her to death. The case was reviewed by the Court of 
Appeal and the Supreme Judicial Council, which both upheld the 
conviction, and the sentence was carried out by royal order.
    In contrast with 2010, there were no reports that government forces 
killed civilians in cross-border operations in Yemen.

    b. Disappearance.--The government reportedly arrested and detained 
persons during the year, refusing for extended periods in some cases to 
acknowledge the detention or to provide information about an 
individual's whereabouts. However, there were no reports of politically 
motivated disappearances during the year.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law of criminal procedure and other legal provisions 
prohibit torture and hold criminal investigation officers accountable 
for any abuse of authority. Sharia, as interpreted in the country, 
prohibits judges from accepting confessions obtained under duress. 
Government officials claimed that Ministry of Interior rules 
prohibiting torture assured that such practices did not occur in the 
penal system, and the president of the governmental Human Rights 
Commission (HRC) conducted prison visits to ascertain that torture did 
not occur in prisons or detention centers. Nevertheless, during the 
year there continued to be reports that authorities sometimes subjected 
prisoners and detainees to torture and other physical abuse, 
particularly during the investigation phase when interrogating 
suspects; however, due to lack of government transparency, it was not 
possible to ascertain the accuracy of these reports. There was no 
available information on the number of cases of abuse and corporal 
punishment.
    For example, on July 27, security officials reportedly took a 
prominent human rights activist, Mekhlef bin Daham al-Shammary, from 
his prison cell at the Damman General Prison to a room where there were 
no surveillance cameras and severely beat him. A guard then allegedly 
poured an antiseptic cleaning liquid down al-Shammary's throat, 
resulting in his being taken to a hospital (see section 1.e.).
    There were reports that at least two of a group of 16 men found 
guilty of security-related offenses were tortured in the period between 
their arrest in 2007 and their conviction on November 22. Among them, 
according to the nongovernmental organization (NGO) Amnesty 
International (AI), was Suliman al-Reshoudi, a 73-year-old former 
judge, who was subjected in prison to ``severe physical and 
psychological tortures,'' including more than three years of solitary 
confinement. One of the detainees was allegedly beaten on at least 
seven occasions with metal sticks and received electric shocks. Saud 
al-Hashimi was reportedly abused by being placed for five hours in a 
severely cold cell and forced to confess, among other acts, to 
contacting Al-Jazeera television station and to collecting money 
without the permission of the ruler (see section 5).
    The Commission for the Promotion of Virtue and Prevention of Vice 
(CPVPV), a semiautonomous agency commonly known as the religious 
police, has the authority to monitor social behavior and enforce 
morality.
    On May 21, the Saudi Gazette reported the death of a Jordanian man 
following an alleged car chase by the religious police. After stopping 
him, they reportedly detained the man and forcibly cut his hair. He was 
later hospitalized with head injuries and subsequently died. The 
Ministry of Interior reportedly investigated the incident, but no 
further information was available.
    The courts used corporal punishment as a judicial penalty. On 
December 23, the right hand of a Nigerian citizen was amputated after 
he was found guilty of theft and his appeals exhausted. According to a 
December 16 Human Rights Watch (HRW) letter to the HRC chairman, a 
Riyadh general court sentenced four Iraqis and two Syrians to the 
amputation of the left foot and right hand each for armed robbery of 
four million riyals (approximately $1 million) from a supermarket. One 
of the Iraqis alleged severe physical mistreatment amounting to torture 
for eight days until he signed, unread, a prepared confession.
    In contrast to 2010, there were no reports of rape or other sexual 
abuses during arrest and detention, according to the unlicensed NGO 
Human Rights First Society (HRFS).

    Prison and Detention Center Conditions.--Prison and detention 
center conditions varied, and some did not meet international 
standards. No independent human rights observers visited prisons or 
detention centers during the year, but the government permitted 
domestic organizations, such as the NGO National Society for Human 
Rights (NSHR), which is supported by a trust funded by the estate of 
the late King Fahd, and the governmental HRC, to perform some 
monitoring of prison conditions. In its annual report, the NSHR 
registered 409 cases in 2010 involving prisoners who complained about 
conditions, compared with 682 cases in 2009. The NSHR monitored health 
care in prisons and brought deficiencies to the attention of the 
Ministry of Interior, which administers prisons and detention centers.
    Overcrowding in prisons was a problem. After visiting 16 jails 
across the kingdom, the NSHR published a report in February stating 
``most jails are operating at double their capacities, something that 
denies inmates many of their basic rights.'' The report also noted a 
number of other problems in prisons and detention centers, the worst 
being the women's section of the Deportation and Detention Center in 
Jeddah. Violations listed in the report included a shortage of and 
improperly trained wardens, lack of access to prompt medical treatment 
when requested, holding prisoners beyond the end of their sentences, 
and not informing prisoners of their rights.
    The director general of prisons announced in October that there 
were 49,000 male and female prisoners and detainees in the kingdom. 
Information on the maximum number of prisoners and detainees the 
facilities were meant to hold was not available.
    Pretrial detainees were held together with convicted prisoners. 
Persons suspected or convicted of terrorism offenses were separated 
from the general population, according to diplomatic sources, but held 
in similar facilities. The government permitted relatives and friends 
to visit some persons detained for terrorist activities, but security 
prisoners and some other prisoners did not have reasonable access to 
visitors. Detainees and prisoners were permitted to perform religious 
observances. There was no information available whether prisoners were 
able to submit complaints to judicial authorities without censorship or 
whether credible allegations of inhumane conditions and treatment were 
investigated and made public.

    d. Arbitrary Arrest or Detention.--The law provides that no entity 
may restrict a person's actions or imprison him, except under 
provisions of the law. Nonetheless, because of the government's 
ambiguous implementation of the law and a lack of due process, the 
Ministry of Interior, to which the majority of forces with arrest power 
report, maintained broad powers to arrest and detain persons 
indefinitely without judicial oversight or effective access to legal 
counsel or family. In practice authorities held persons for weeks, 
months, and sometimes years and reportedly failed to promptly advise 
them of their rights, including their right to be represented by an 
attorney. According to an April 20 HRW report, authorities arrested 
more than 160 demonstrators in the Eastern Province in the preceding 
three-month period. At year's end, of an estimated 350 demonstrators 
arrested during the year in the Eastern Province, approximately 70 
remained incarcerated.

    Role of the Police and Security Apparatus.--The king, interior 
minister, defense minister, and Saudi Arabian National Guard commander 
all have responsibility in law and in practice for law enforcement and 
maintenance of order. The Ministry of Interior exercised primary 
control over all internal security and police forces, except the 
General Intelligence Presidency, the government's primary external 
intelligence agency that reports directly to the king and maintains its 
own forces. The civil police and the internal security police are 
authorized to arrest and detain individuals. The semiautonomous CPVPV, 
which monitors public behavior to enforce strict adherence to the 
official interpretation of Islamic norms, reports to the king via the 
Royal Diwan (royal court) and to the Ministry of Interior. The members 
of the religious police are required to carry official identification 
and have a police officer accompany them at the time of an arrest, 
although compliance was sporadic.
    Security forces were generally effective at maintaining law and 
order. The Board of Grievances (Diwan Al-Mazalim), a high-level 
administrative judicial body that specializes in cases against 
government entities and reports directly to the king, is the only 
formal mechanism available to seek redress for claims of abuse. 
Citizens may report abuses by security forces at any police station, to 
the HRC, or to the NSHR. The HRC and the NSHR maintained records of 
complaints and outcomes, but privacy laws protected information about 
individual cases, and information was not publicly available. During 
the year there were no reported prosecutions of security forces for 
human rights violations, but the Board of Grievances held hearings and 
adjudicated claims of wrongdoing. The HRC in cooperation with the 
Ministry of Education provided materials and training to police, 
security forces, and the religious police on protecting human rights.
    The Bureau of Investigation and Prosecution (BIP) and the Control 
and Investigation Board (CIB) are the two units of the government with 
authority to investigate reports of wrongdoing. On November 28, the 
Council of Ministers formally approved changes to the responsibilities 
for the Bureau of Investigation and Prosecution, the Control and 
Investigation Board, and the General Auditing Bureau (GAB). The 
investigation and prosecution powers of the CIB were transferred to the 
BIP; however, the CIB continued to be responsible for the investigation 
and prosecution of financial cases. All financial audit and control 
functions were limited to the GAB.

    Arrest Procedures and Treatment While in Detention.--According to 
the 1992 Basic Law, ``no person shall be arrested, searched, detained, 
or imprisoned except in cases provided by law, and any accused person 
shall have the right to seek the assistance of a lawyer or a 
representative to defend him during the investigation and trial 
stages.'' Authorities may summon any person for investigation, and an 
arrest warrant may be issued based on evidence, but in practice 
warrants frequently were not used and they were not required in cases 
where probable cause existed. There was a functioning bail system for 
less serious criminal charges. The law does not specify a time frame 
for access to a lawyer. The practice is for the state to provide a 
lawyer for indigents. There were no established procedures providing 
detainees the right to contact family members following arrest. The law 
requires charges be filed within 72 hours of arrest and requires a 
trial within six months. Reportedly, authorities frequently failed to 
observe these legal protections and there was no requirement to advise 
suspects of their rights. In practice no judicial proceedings began 
until a full investigation was completed by authorities, which in some 
cases took years.
    Incommunicado detention was sometimes a problem. Frequently, 
security and some other prisoners were held for long periods before 
family members or associates were notified of their whereabouts.

    Arbitrary Arrest.--There were reports of arbitrary arrest and 
detention. Although the law prohibits detention without charge, during 
the year authorities detained without charge security suspects, persons 
who publicly criticized the government, Shia religious leaders, and 
others who violated religious standards.

    Pretrial Detention.--Lengthy pretrial detention was a problem. The 
NGO Saudi Civil and Political Rights Association (ACPRA) challenged the 
Ministry of Interior in court on cases considered to involve arbitrary 
arrest or detention; however, the ACPRA claimed the ministry ignored 
judges' rulings, and judges appeared powerless to take action against 
it. There was no available information on the percentage of the prison/
detainee population in pretrial detention or the average length of time 
held.
    On April 2, the Ministry of Interior's Bureau of Investigation and 
Prosecution released statistics accounting for those detained for 
suspicion of terrorism since 2001. The data suggested that roughly half 
of the 11,527 persons arrested had been released. Of those not 
released, 2,215 had been referred to ``the competent criminal courts,'' 
with 1,612 convicted by April 2 and the remaining still being tried. 
There were 1,931 detainees nearing transfer to court as investigations 
were being finalized; 934 detainees were still being held pending final 
charges; and another 616 were ``still pending trial,'' although it was 
not clear what that meant. The Ministry of Interior also reportedly 
paid compensation of 32 million riyals ($8.5 million) to 486 detainees 
for being held longer in detention than their jail sentences and 
provided 529 million riyals ($141 million) in monthly assistance to the 
families of suspects.

    Amnesty.--The king continued the tradition of sometimes tempering 
judicial punishments. The details of the cases varied, but the 
demonstration of royal pardons sometimes included reducing or 
eliminating corporal punishment, for example, rather than wiping the 
slate clean. However, the remaining sentence could be added to a new 
sentence if the pardoned prisoner committed a crime subsequent to his 
release. There were pardons or grants of amnesty on special occasions 
throughout the year. The Saudi Press Agency reported 1,543 prisoners 
were pardoned and released during the year. In addition, the agency 
reported 325 Indonesian prisoners of a reported total of 1,719 in jail 
on various charges were pardoned and released during the year.

    e. Denial of Fair Public Trial.--The law provides that judges are 
independent and are subject to no authority other than the provisions 
of Sharia and laws in force. In practice the judiciary was not 
independent as it was required to cooperate with executive authorities 
with the king as arbiter. Although allegations of interference with 
judicial independence were uncommon, the judiciary was reportedly 
subject to influence. There were no reports during the year of courts 
exercising jurisdiction over senior members of the royal family. There 
were alleged problems enforcing court orders, particularly against the 
Ministry of Interior.

    Trial Procedures.--The law states that defendants should be treated 
equally in accordance with Sharia. In the absence of a penal code, 
Sharia as interpreted in the country is the basis of the penal system. 
The Council of Senior Religious Scholars (Ulema), an autonomous 
advisory body, has the authority to determine how judges should 
interpret Sharia.
    Sharia is not based on precedent in all cases; this, combined with 
the lack of a penal code, means that rulings and sentences can diverge 
widely. Judges may base their decisions on any of the four Sunni 
schools of jurisprudence. Shia citizens use their own legal traditions 
to adjudicate intra-Shia family law cases.
    The law states that court hearings shall be public; courts may be 
closed at the judge's discretion, and many trials during the year were 
closed. According to the Ministry of Justice, a trial may be closed 
depending on the sensitivity of the case to national security, the 
reputation of the defendant, or the safety of witnesses. On May 16, the 
government opened the first public trials for terrorism for 11 suspects 
accused of participating in a 2004 attack. During the year the 
government opened similar trials of suspected terrorists to observers 
from the HRC, the media, and the public; however, observers required 
advance approval from the Ministry of Interior.
    According to the law, there is neither presumption of innocence nor 
trial by jury. The law provides defendants the right to be present at 
trial and to consult with an attorney during the investigation and 
trial. According to the HRC, at the government's discretion, an 
attorney may be provided to indigents at public expense. Defendants 
also have the right to confront or question witnesses against them and 
call witnesses in their behalf. However, the court presents the 
witnesses. The law provides that an investigator appointed by the 
Bureau for Investigation and Prosecution questions the witnesses called 
by the litigants before the initiation of a trial and may hear 
testimony of additional witnesses he deems necessary to determine the 
facts. There is no right to access government-held evidence. Defendants 
may request to review evidence, and the court decides whether to grant 
the request. The court must inform convicted persons of their right to 
appeal rulings.
    Sharia as interpreted by the government extends these provisions to 
all citizens and noncitizens; however, the law and practice 
discriminate against women (see section 6), nonpracticing Sunni, Shia, 
and persons of other religions. For example, judges may discount the 
testimony of nonpracticing Sunni Muslims, Shia Muslims, or persons of 
other religions; sources reported that judges sometimes completely 
ignored testimony by Shia.
    Among many reports of irregularities in trial procedures was the 
case of Mohammed Saleh al-Bajady, a businessman and cofounder of ACPRA, 
whom police arrested the day after his March 20 participation in a 
protest outside the Ministry of Interior in Riyadh. According to a 
December 1 AI report, he was apparently charged with forming the ACPRA, 
harming the reputation of the state, and having banned books in his 
possession. His lawyers reportedly did not have access to him or his 
trial in the Specialized Criminal Court, which, according to a report 
of a telephone call to his wife, began in August. He remained in prison 
in Riyadh at year's end.
    In August the Royal Diwan forwarded the case of Rizana Nafeek to 
the Riyadh Provincial Reconciliation Committee to negotiate a 
settlement between Nafeek, a Sri Lankan domestic worker, and the 
parents of an infant she was convicted of having killed. In September 
2010 the High Court rejected an appeal in Nafeek's case; she had no 
legal representation at her initial trial in 2007, and an initial 
appeal hearing revealed that her interpreter may not have been 
qualified.

    Political Prisoners and Detainees.--The number of political 
prisoners or detainees who reportedly remained in prolonged detention 
without charge could not be reliably ascertained. However, the HRC 
reported the number of inmates held on terrorism-related charges was 
4,662 as of December 25. In many cases it was impossible to determine 
the legal basis for incarceration and whether the detention complied 
with international human rights norms and standards. Those who remained 
imprisoned after trial were often convicted of terrorism-related 
crimes, and there was not sufficient public information about such 
alleged crimes to make a judgment about whether they had a credible 
claim to be political prisoners.
    The government asserted that secret detentions were part of its 
efforts to combat terrorism. International NGOs, AI in particular, 
criticized the government for abusing its antiterrorism prerogatives to 
arrest some members of the political opposition. Security detainees 
were not given the same protections as other prisoners or detainees. 
High-profile prisoners generally were well treated. Certain prisoners, 
held on terrorism related charges, were given the option to participate 
in rehabilitation programs. Authorities sometimes restricted legal 
access to detainees (see section 1.d.); no international humanitarian 
organizations had access to them.
    For example, on August 8, officials revealed that authorities 
arrested prominent Shia cleric Sheikh Tawfiq al-Amer on August 3; he 
remained in detention at year's end, allegedly for ``inciting public 
opinion.'' Authorities reportedly allowed al-Amer's relatives to visit 
him in detention. Sheikh al-Amer was detained multiple times over the 
past several years, such as his February 27 detention for 10 days after 
he received wide attention for preaching a sermon calling for political 
reforms and the establishment of a constitutional monarchy.
    On February 20, authorities released three Shia activists detained 
without charge. Munir al-Jassas, a well-known blogger, was arrested in 
2009 after criticizing anti-Shia discrimination; Muhammad Al Libad and 
Ramzi Jamal were arrested in January 2010 after organizing protests 
against anti-Shia discrimination.

    Civil Judicial Procedures and Remedies.--Complainants claiming 
human rights violations generally sought assistance from the HRC or 
NSHR, which either advocated on their behalf or provided courts with 
opinions on their cases. The HRC was generally responsive to 
complaints; domestic violence cases were the most common. However, 
individuals or organizations may also pursue claims for damages or seek 
government action to end human rights violations from the Board of 
Grievances.
    Human rights activist (imprisoned without charge since June 2010) 
Mekhlef bin Daham al-Shammary filed a complaint against the government 
and demanded material and moral compensation for suffering when 
imprisoned for more than four months in 2007. Al-Shammary was arrested 
for repeatedly holding unauthorized political meetings.
    On June 9, the Board of Grievances ruled that human rights activist 
and student Thamer Abdulkareem al-Kather was being held arbitrarily and 
should be released, but the Ministry of Interior appealed the verdict. 
In March 2010 the ministry's security arm, the General Directorate of 
Investigation, arrested al-Kather without charge in Qassim and 
transferred him to a prison in Riyadh. Al-Kather had advocated for 
prisoners' rights and constitutional reform.
    In August the Board of Grievances ordered Jeddah police to pay 
152,700 riyals ($41,000) to a man detained for almost three years 
without trial. The police reportedly had forgotten about him and his 
case.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The government used the considerable latitude provided 
by the law to monitor activities legally and intervene where it deemed 
necessary. The government strictly monitored politically related 
activities and took punitive actions, including arrest and detention, 
against persons who engaged in certain political activities, such as 
direct public criticism of some senior royals by name, forming a 
political party, or organizing a demonstration. There were reports from 
human rights activists of governmental monitoring or blocking of mobile 
telephone or Internet usage before planned demonstrations. The 
government did not respect the privacy of correspondence or 
communications. Customs officials reportedly routinely opened mail and 
shipments to search for contraband. In some areas Ministry of Interior 
informants allegedly reported ``seditious ideas,'' ``antigovernment 
activity,'' or ``behavior contrary to Islam'' in their neighborhoods.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--The government codified and clarified severe restrictions on 
freedoms of speech, press and the Internet during the year. Government-
friendly ownership in print or broadcast media led to self-censorship, 
and there was relatively little need for overt government action to 
restrict freedom of expression. However, the government could not rely 
on self-censoring in the dispersed social media and Internet world. 
Accordingly, to control information, it monitored and sporadically 
blocked certain Internet sites. On a number of occasions, government 
officials and senior clerics publicly warned against inaccurate reports 
on the Internet and reminded the public that criticism of the 
government and its officials should be done through available private 
channels.

    Freedom of Speech.--The government monitors public expressions of 
opinion and took advantage of legal controls to impede the free 
expression of opinion and restrict those verging on the political 
sphere. Public employees are prohibited from directly or indirectly 
engaging in dialogue with local or foreign media or participating in 
any meetings intended to oppose state policies. The law forbids 
apostasy and blasphemy.
    Internet activists (one Facebook group claimed 26,000 adherents) 
urged people to demonstrate in favor of political and economic reforms, 
particularly on March 11. In the face of warnings from religious and 
government leaders and a strong security presence, a single religion 
teacher came to demonstrate. Police arrested him immediately after he 
spoke to the BBC and other reporters about the need to ``to speak 
freely'' and have ``freedom'' and ``democracy. He remained in detention 
at year's end.
    On September 10, a court in Jeddah brought charges against Waleed 
Abu al-Khair, a human rights lawyer and supervisor of the Facebook 
group ``Saudi Human Rights Monitor,'' for various expressions of 
political opinion. The multiple charges ranged from ``insulting the 
judiciary'' and ``asking for a constitutional monarchy'' to 
``incitement of public opinion against the public order of the 
country,'' according to HRW. In February Abu al-Khair had signed two 
petitions calling for political reform presented to King Abdullah. At 
year's end he was not in custody and no trial date was set, but he had 
been restricted from travel outside the country.

    Freedom of Press.--The Press and Publications Law, extending 
explicitly to Internet communications, governs printed materials; 
printing presses; bookstores; import, rent, and sale of films; 
television and radio; and foreign media offices and their 
correspondents. On April 29, a royal decree amended the Press and 
Publications Law to stiffen penalties further and created a special 
commission to judge violations. The amendments ban publishing anything 
``contradicting Sharia; inciting disruption; serving foreign interests 
that contradict national interests; and damaging the reputation of the 
Grand Mufti, members of the Council of Senior Religious Scholars, or 
senior government officials.'' The Ministry of Culture and Information 
may permanently close ``whenever necessary'' any means of 
communication--defined as any means of expressing any viewpoint that is 
meant for circulation--that it deems is engaged in a prohibited 
activity as set forth in the April 29 royal decree. Print and broadcast 
media, already self-censored, did not appear to have been demonstrably 
affected by the new April restrictions.
    The government owned most print and broadcast media and book 
publication facilities in the country, and members of the royal family 
owned or influenced those that were privately owned and nominally 
independent, including various media outlets and widely circulated pan-
Arab newspapers such as Ash-Sharq Al-Awsat and Al-Hayat. The government 
owned, operated, and censored most domestic television and radio 
outlets.
    Satellite television dish usage was widespread. Although satellite 
dishes technically were illegal, the government did not enforce 
restrictions on satellite dishes. Access to foreign sources of 
information, including the Internet, was common. Privately owned 
satellite television networks headquartered outside the country 
maintained local offices and operated under a system of self-
censorship. Many other foreign satellite stations broadcast a wide 
range of programs into the country, in English and Arabic, including 
foreign news channels such as CNN, Fox, BBC, Sky, and Al-Jazeera. 
Foreign media are subject to licensing requirements from the Ministry 
of Culture and Information and cannot operate freely.
    The Ministry of Culture and Information must approve the 
appointment of all senior editors and has the authority to remove them. 
The government provides guidelines to newspapers regarding 
controversial issues. A 1982 media policy statement urges journalists 
to uphold Islam, oppose atheism, promote Arab interests, and preserve 
cultural heritage. The governmental Saudi Press Agency reports official 
government news.
    All newspapers in the country must be licensed by the government. 
Media outlets can legally be banned or publication temporarily halted 
if the government assesses that they violate the Press and Publications 
Law.

    Censorship or Content Restrictions.--The government reportedly 
penalized those who published items counter to government guidelines 
and directly or indirectly censored the media by licensing domestic 
media and by controlling importation of foreign printed material. 
Authorities prevented or delayed the distribution of foreign print 
media, effectively censoring these publications.
    On September 19, Fahad al-Aqran, the editor in chief of Al-Madina, 
and Abdulaziz al-Sowaid, a columnist for Al-Madina, were fired and 
referred to the Ministry of Culture and Information's review board 
after the columnist wrote an article with controversial interpretations 
of theological issues.
    The Consultative Council (Majlis as-Shura), an advisory body, 
frequently allowed print and broadcast media to observe its proceedings 
and meetings, but the council closed high-profile or controversial 
sessions to the media. In some cases individuals criticized specific 
government bodies or actions publicly without repercussions. In the 
most prominent instance during the year, they did so only after the 
king was critical of the poor response of authorities after the January 
floods in Jeddah, which resulted in numerous deaths.

    Internet Freedom.--The 2001 Press and Publications Law already 
implicitly covered the electronic media, since it extended to any means 
of expression of a viewpoint meant for circulation, ranging from words 
to cartoons, photographs, and sounds. In March the government issued 
``Implementing Regulations of Electronic Publishing'' setting out rules 
for Internet-based and other electronic media, including chat rooms, 
personal blogs, and text messages.
    The law criminalizes the publication or downloading of offensive 
sites. The Communications and Information Technology Commission (CITC) 
filtered and blocked access to Web sites it deemed offensive, and there 
were credible reports that it monitored e-mail and Internet chat rooms. 
The law restricted the ability of individuals and groups to engage in 
the expression of views via the Internet, including by e-mail.
    All Web sites registered and hosted in the country must be 
authorized by agencies of the Ministry of Culture and Information. The 
CITC dealt with requests to block adult content and coordinated 
decisions with the Saudi Arabian Monetary Authority on phishing sites 
seeking to obtain confidential personal or financial information. All 
other requests to block sites were submitted to an interagency 
committee, chaired by the Ministry of Interior, for a decision to block 
a site or not. In addition to designating unacceptable sites, the CITC 
accepted requests from citizens to block or unblock sites. According to 
the CITC's general manager, authorities received an average of 3,000 
requests daily to block and unblock sites. According to the NGO 
Reporters Without Borders, authorities claimed to have blocked 
approximately 400,000 Web sites.
    Access to the Internet was legally available only through 
government-authorized Internet service providers. Although the 
authorities blocked Web sites offering proxies, persistent Internet 
users could work around the blocked sites and continue to access the 
Internet via other proxy servers.
    Laws criminalize defamation on the Internet, hacking, unauthorized 
access to government Web sites, and stealing information related to 
national security, as well as the creation or dissemination of a Web 
site for a terrorist organization. The government reportedly collected 
personally identifiable information concerning the identity of persons 
peacefully expressing political, religious, or ideological opinions or 
beliefs.
    On February 15, the Ministry of Interior released Muhammad Abdullah 
al-Abdulkareem, a professor of law at Imam Muhammad bin Saud Islamic 
University, after having arrested him in December 2010 for posting an 
article describing political factions in the royal family on his 
Facebook page.

    Academic Freedom and Cultural Events.--Academics reportedly 
practiced self-censorship. The government censored public artistic 
expression, prohibited cinemas, and restricted public musical or 
theatrical performances apart from those considered folkloric and 
special events approved by the government. For example, on October 16, 
police arrested student and filmmaker Firas Buqna for producing a Web 
video on poverty in Riyadh. The episode followed previous shows on 
youth and police corruption. The online video was viewed more than a 
million times in the first three weeks after the arrest. Authorities 
released Buqna without charge on October 31.

    b. Freedom of Peaceful Assembly and Association.--The law does not 
provide for freedom of assembly and association, which the government 
strictly limited in practice.

    Freedom of Assembly.--The law requires a government permit for an 
organized public assembly of any type, and it was a crime to 
participate in political protests or unauthorized public assemblies. In 
contrast to prior years, security forces allowed several small 
unauthorized, nonpolitical demonstrations around the country during the 
year despite a March 5 Interior Ministry statement that demonstrations 
were banned and that it would take ``all necessary measures'' against 
those seeking to ``disrupt order.'' On March 6, the Council of Senior 
Religious Scholars reinforced the government's stance, stating 
``demonstrations are prohibited in this country'' and explaining that 
``the correct way in Sharia of realizing common interests is by 
advising.''
    In the Eastern Province city of Qatif, the scene of demonstrations 
throughout the year, there were instances of some violent clashes 
between demonstrators and police. On October 3, 11 policemen and at 
least three civilians reportedly were wounded by gunfire. Between 
November 20 and 23, four demonstrators died following clashes between 
demonstrators and security forces. YouTube displayed videos purporting 
to portray residents, largely Shia, protesting alleged systematic 
discrimination, incitement against them, and neglect in public 
investment while showing antiroyal slogans written on walls. In other 
regions government authorities reportedly arrested nonviolent 
demonstrators and detained them briefly.
    Women were not allowed to gather in public with unrelated men.

    Freedom of Association.--The law does not provide for freedom of 
association, and the government strictly limited this right in 
practice. The government prohibited the establishment of political 
parties or any group it considered as opposing or challenging the 
regime. All associations must be licensed by the Ministry of Social 
Affairs and comply with its regulations. Groups that hoped to change 
some element of the social or political order reported that their 
licensing requests went unanswered. The ministry reportedly used 
arbitrary means, such as requiring unreasonable types and quantities of 
information, to effectively deny associations licenses.
    A request for recognition of the Islamic Nation Party (Hizb al-Umma 
al-Islam) as a political party resulted in the arrest on February 16 of 
seven of its nine founders. According to HRW's citation of the request, 
they appeared to have been detained solely for trying to create a party 
whose professed aims included ``supporting the peaceful reform 
movement'' (see section 3).
    Government-chartered associations observed citizen-only 
limitations. For example, the Saudi Journalists Association, which 
operates under a government charter, did not give voting rights in the 
organization to noncitizen members and prohibited them from attending 
the association's general assembly.

    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 does not contain provisions 
for freedom of movement within the country, foreign travel, or 
emigration and repatriation. 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.--Generally the government did not restrict the 
free movement of male citizens within the country or the right of 
citizens to change residence or workplace, provided they held a 
national identification card (NIC). The law requires all male citizens 
15 years of age or older to hold an NIC. For women the NIC was 
optional, reflecting the different status of female citizens, and could 
be issued only if a woman's male guardian (grandfather, father, uncle, 
brother, husband, son, or nephew) consented in writing to its issuance 
or if she already held a valid passport, also issued only with a 
guardian's consent. The government prohibited women from driving motor 
vehicles; some women drove during the year in an effort to publicize a 
campaign to lift the ban. The guardianship system requires a woman to 
have the permission of her male guardian to work or move freely in the 
country (see section 6).

    Foreign Travel.--There are restrictions on foreign travel, 
including for women and members of minority groups. No one may leave 
the country without an exit visa and a passport. Women and minors 
(younger than age 21) require a male guardian's consent to have a 
passport and travel abroad. A noncitizen wife needs permission from her 
husband to travel unless both partners sign a prenuptial agreement 
permitting the noncitizen wife to travel without the husband's 
permission. Government entities and male family members can 
``blacklist'' women and minor children, prohibiting their travel. In 
cases involving custody disputes, the male guardian is legally able to 
prevent even adult children from leaving the country.
    Travel of foreign workers remained under the complete control of 
their employers or sponsors, who were responsible for processing 
residence permits and exit visas on their behalf. Sponsors often held 
their employees' passports, despite a law specifically prohibiting this 
practice.
    The government continued to impose travel bans as part of criminal 
sentences. The government on occasion reportedly confiscated passports 
and revoked the rights of some citizens to travel for political reasons 
but often did not provide them with notification or opportunity to 
contest the restriction.
    According to the ACPRA, authorities continued a travel ban on Fahad 
al-Orani, one of the cofounders of the ACPRA; Abdullah al-Hamed, a 
former professor and cofounder of the ACPRA; and Matrouk al-Faleh.

    Protection of Refugees.--Access to Asylum.--The law provides that 
the ``state will grant political asylum if public interest so 
dictates.'' The country has no law implementing this provision, and the 
UNHRC managed refugee and asylum matters. The government permitted 
UNHRC-recognized refugees to stay in the country temporarily pending 
identification of a durable solution. The government generally did not 
grant asylum or accept refugees for settlement from third countries. 
Government policy is not to grant refugee status to persons in the 
country illegally or who have overstayed a pilgrimage visa. The 
government strongly encouraged persons without residency to leave, and 
it threatened or imposed deportation. Access to naturalization was 
difficult for refugees. During the year the UNHRC registered more than 
600 refugees and 95 asylum seekers.

    Employment.--Refugees and asylum seekers were unable to work 
legally.

    Access to Basic Services.--Access to health care, education, 
courts/judicial procedures, and social services is reserved for 
citizens. Refugees' only access to basic services is through the UNHRC. 
The UNHRC office in Riyadh provided subsistence allowance to a limited 
number of vulnerable families based on a needs assessment.

    Stateless Persons.--The country has a significant number of 
habitual residents who are legally stateless, but data on the stateless 
population are incomplete and scarce, and the government was not open 
to discussing the matter.
    Under the Nationality Law, citizenship is derived from the father, 
but several scenarios lead to statelessness of children: (1) a child 
born to an unmarried mother is not affiliated with the father legally, 
even if the father has recognized the child, and therefore is 
stateless; (2) when identification documents are withdrawn from a 
parent, the child also loses his or her identification and accompanying 
rights (possible when a naturalized parent denaturalizes voluntarily or 
loses citizenship through other acts); (3) children of a citizen mother 
and a noncitizen father are without nationality, unless they acquire 
citizenship from the father; and (4) children of a citizen father and a 
noncitizen mother are noncitizens, unless the government has authorized 
the marriage of the parents prior to birth. In addition when government 
authorities withdraw a citizen's national identification card, his or 
her children also lose their Saudi citizenship.
    The UNHRC unofficially estimated there were approximately 70,000 
stateless persons in the country, almost all of whom were native-born 
Arab residents known locally as Bidoon (an Arabic word that means 
``without"); there were also some Baloch and West Africans.
    Bidoon are persons whose ancestors failed to obtain nationality, 
such as descendants of nomadic tribes not counted among the native 
tribes during the reign of the country's founder, King Abdulaziz; 
descendants of foreign-born fathers who arrived before there were laws 
regulating citizenship; and rural migrants whose parents failed to 
register their births. As noncitizens Bidoon were unable to obtain 
passports or travel abroad. The government denied them employment and 
educational opportunities, and their marginalized status made them 
among the poorest residents of the country. In recent years the 
Ministry of Education encouraged them to attend school. The government 
issued Bidoon five-year residency permits to facilitate their social 
integration in government-provided health care and other services, 
putting them on similar footing with sponsored foreign workers.
    There were an estimated 240,000 Palestinians resident in the 
kingdom, who were not registered as refugees, as the mandate of the 
U.N. Refugee and Works Agency (UNRWA) to protect and assist Palestinian 
refugees is limited to the West Bank, Gaza, Lebanon, Syria, and Jordan
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens the right to change their 
government peacefully and establishes the Al Saud family monarchy as 
the political system. The law provides citizens the right to 
communicate with public authorities on any matter, and the government 
is established on the principle of consultation (shura), requiring the 
king and senior officials to make themselves available by holding 
meetings (majlis), open-door events where in theory any male citizen or 
noncitizen may express an opinion or a grievance. Only a few members of 
the ruling family have a voice in the choice of leaders, the 
composition of the government, or changes to the political system. The 
Allegiance Commission, composed of 34 senior princes appointed by the 
king, is responsible for selecting a king and crown prince upon the 
death or incapacitation of either.

    Elections and Political Participation.--Recent Elections.--On 
September 29, following a two-year postponement, the government held 
elections for the second time since 1963 for the country's 285 
municipal councils; elected candidates filled half of the 1,632 seats 
while the king appointed the other half. As in the first elections in 
2005, participation was limited to civilian male citizens at least 21 
years old. According to the Municipal Council Elections Committee, 
there was no legal prohibition against women voting; however, as in 
2005, the committee cited logistical and other technical reasons why 
women were not allowed to participate in the elections. More than 1,700 
lawyers from the National Committee of Lawyers monitored the elections 
nationally, and the organization assessed that the elections were fair 
and transparent. The NSHR, however, refused to observe the elections, 
protesting women's ineligibility to vote or seek election. Candidates 
were not permitted to contest under party affiliation. On September 25, 
the king issued a royal decree permitting women to vote and run in 
future municipal council elections.

    Political Parties.--There were no political parties or similar 
associations. On February 16, one week after a group of nine 
individuals submitted a request for recognition of the Islamic Nation 
Party (Hizb al-Umma al-Islam) as a political party to the Royal Court 
and the Consultative Council, seven of the party's nine founders were 
arrested. A statement posted on the party's Web site on February 17 
said that authorities arrested Ahmad bin Sa'd al-Ghamidi, Sa'ud al-
Dughaithir, SheikhAbd al-'Aziz al-Wuhaibi, Sheikh Muhammad bin Husain 
al-Qahtani, Muhammad bin Nasir al-Ghamidi, Walid al-Majid, and Abd al-
Karim al-Khadhar. According to the Web site, authorities demanded that 
they sign a legally binding promise to withdraw their names from the 
party's founding document. All members of the group signed such 
statements and were released except for al-Wuhaibi, who refused to do 
so and was sentenced to seven years in prison (see section 2.b.).

    Participation of Women and Minorities.--Societal discrimination 
based on widespread gender segregation excluded women from most aspects 
of public life, with the large-scale exclusion of women from formal 
decision making; however, women increasingly participated in political 
life, albeit with significantly less status than men. There were 12 
female advisers to the 150-man royally appointed Consultative Council, 
which advises the king and can propose legislation. On September 25, 
the king issued a royal decree providing for women to be appointed to 
serve as full Consultative Council members at the beginning of the next 
term in 2013. There were no women on the High Court (women's ability to 
practice law is limited) or Supreme Judicial Council. There were two 
women in senior-level government positions, as deputy minister for 
women's education and deputy minister for women's higher education.
    There are no laws that prevent minorities from participating in 
political life on the same basis as other citizens, but societal 
discrimination marginalized the Shia population. The Consultative 
Council included only five Shia members. There were no religious 
minorities in the cabinet. At year's end there were some Eastern 
Province Shia judges dealing with intra-Shia personal status and family 
laws.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and 
officials engaged in corrupt practices with impunity. There were 
reports of government corruption during the year, including a 
perception of corruption by some members of the royal family and the 
executive branch of the government.
    There were very few high-level public investigations or 
prosecutions. Following flooding in Jeddah in January, the government 
launched investigations into allegations of widespread official 
corruption and malfeasance thought to have contributed to the resulting 
damage and loss of life in the 2011 floods. In a paper presented at a 
government performance seminar held in Riyadh in April, the General 
Audit Bureau reportedly noted that ``what happened in Jeddah clearly 
illustrated the poor performance of government departments because of 
bribery and widespread corruption.'' The government charged a number of 
municipal officials with corruption as a result of the 2009 Jeddah 
floods, and at year's end the trials continued with no convictions or 
acquittals.
    Government employees who accept bribes face 10 years in prison or 
fines up to one million riyals ($267,000). Public officials were not 
subject to financial disclosure laws. On March 18, King Abdullah issued 
a royal decree establishing a National Anti-Corruption Commission, 
responsible for promoting transparency and combating all forms of 
financial and administrative corruption; the commission's ministerial-
level director reported directly to the king and was charged with 
referring cases of corruption to the Control and Investigation Board 
and the Ministry of Interior's Bureau of Investigation and Prosecution.
    The law does not provide for and there is no right to public access 
to government information, such as ministerial budgets or allocations 
to members of the royal family.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The law provides that ``the State shall protect human rights in 
accordance with the Islamic Sharia"; however, the government restricted 
the activities of, while at times cooperating to varying degrees with, 
domestic and international human rights organizations in investigations 
of alleged violations of human rights.
    The government often cooperated with and sometimes accepted the 
recommendations of the NSHR, the sole government-licensed domestic 
human rights organization. The NSHR, funded through a trust fund from a 
deceased member of the royal family, accepted requests for assistance 
and complaints about government actions affecting human rights.
    The government viewed two active human rights groups, which the 
government failed to license, the HRFS and the ACPRA, with suspicion 
and claimed they were meddling in government affairs. At year's end the 
government had not licensed the HRFS, whose founder, Ibrahim al-
Mugaiteeb, applied for a license in 2002. The government continued to 
permit its informal operation, but since the group was formally 
``unlicensed'' it remained unclear which activities the group could 
undertake without risking punishment, and even ``permitted'' activities 
could be criticized by the government. Without a license the group was 
unable to raise operating funds, which severely limited its activities. 
ACPRA applied for a license in 2008, which was not granted; however, 
the government allowed its unlicensed operation.
    A third, less active group, the National Saudi Committee of Human 
Rights, has tried unsuccessfully to register since 2003, according to 
HRW.
    An abortive attempt to create a political organization, accompanied 
by a petition calling for political reform, preceded the 2007 arrests 
of nine men who, along with seven others, were held without formal 
charges until August 2010. On November 22, a court in Riyadh convicted 
the 16 men on a range of charges that included allegedly forming a 
secret organization, attempting to seize power, inciting discontent 
against the king, financing terrorism, and money laundering. The men 
received sentences that varied from 10 to 30 years and included travel 
bans and fines (see section 1.c.).
    The government also viewed international human rights NGOs with 
suspicion. For example, AI's main Web site was blocked temporarily in 
late Julyafter it criticized a draft antiterrorism law that it 
suggested would stifle peaceful protest in the kingdom. The HRC stated 
that the government welcomed the visits of legitimate, unbiased human 
rights groups, but added that the government could not act on the 
``hundreds of requests,'' in part because it was cumbersome to decide 
which domestic agency would be their interlocutor.

    Government Human Rights Bodies.--The government-funded HRC is 
effectively a part of the government. The HRC president has ministerial 
status and reports to the king. According to the NSHR's 2009 report, 
the HRC ``met with weak collaboration on the part of some governmental 
bodies in spite of the issuance of royal directives.'' The adequately 
resourced HRC was considered effective in highlighting problems but had 
limited capacity to effect change. The HRC worked directly with the 
Royal Diwan and the Council of Ministers; with a committee composed of 
representatives of the Consultative Council and the Ministries of 
Labor, Social Affairs, and Interior; and with Consultative Council 
Committees for the Judiciary, Islamic Affairs, and Human Rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race but not gender, 
disability, language, or social status. The law and tradition 
discriminated on the basis of gender. The government generally 
reinforced Sharia-based traditional prohibitions on discrimination on 
the basis of disability, language, or social status but did not 
effectively enforce laws prohibiting discrimination based on race.

    Women.--Rape and Domestic Violence.--Rape is a punishable criminal 
offense under Sharia with a wide range of penalties from flogging to 
execution. Generally the government enforced the law based on its 
interpretation of Sharia, and courts punished the victim for illegal 
``mixing of genders,'' as well as the perpetrator. The government did 
not recognize spousal rape. Statistics on incidents of rape were not 
available, but press reports and observers indicated rape was a serious 
problem. The government did not maintain public records on 
prosecutions, convictions, or punishments. Most rape cases were 
unreported because victims faced possible societal reprisal, diminished 
marriage opportunities, criminal sanction up to imprisonment, or 
accusations of adultery.
    There were no laws criminalizing violence specifically against 
women, and the law does not distinguish domestic violence within the 
general legal prohibition against violence. Researchers stated that 
violence against women may be seriously underreported, making it 
difficult to gauge the magnitude of the problem. Officials stated that 
the government did not clearly define domestic violence and that 
procedures concerning cases, and accordingly enforcement, varied from 
one government body to another. NSHR's 2010 annual report noted that it 
investigated 282 cases of domestic violence and violations of women's 
rights, compared with 257 such cases in 2009. Violence included a broad 
spectrum of abuse. The government made efforts to combat domestic 
violence, and the King Abdulaziz Center for National Dialogue held 
workshops and distributed educational materials on peaceful conflict 
resolution between spouses and in families.
    The government supported family protection shelters. During the 
year the HRC fielded complaints of domestic abuse and referred these 
complaints to other government offices. The HRC's women and children's 
branches throughout the kingdom received 350 complaints from 71 women 
during the year; domestic violence and abuse accounted for most of the 
cases. The HRC advised complainants and offered legal assistance to 
some female litigants. The organization provided facilities for the 
children of women complainants and litigants and it distributed 
publications supporting women's rights in education, health care, 
development, and the workplace.

    Sexual Harassment.--The extent of sexual harassment was difficult 
to measure with little media reporting and no government data. The 
government's interpretation of Sharia guides courts on cases of sexual 
harassment. Employers maintained separate male and female workspaces 
where feasible.

    Reproductive Rights.--There were no reports of government 
interference in couple's right to decide freely and responsibly the 
number, spacing, and timing of children. Statistics from the World Bank 
indicate that Saudi fertility rates steadily declined since 1980. 
Intrauterine devices were the most popular form of birth control in the 
country, and women, regardless of marital status, were legally able to 
obtain them. Birth control pills also were available to women in local 
pharmacies without prescriptions. Although no legal barriers prevented 
access to contraception, in practice many women were limited by 
constraints on mobility and economic resources. Information was not 
available regarding equal diagnosis and treatment of sexually 
transmitted infections.

    Discrimination.--Women continued to face significant discrimination 
under law and custom, and many remained uninformed about their unequal 
rights. Although they may legally own property and are entitled to 
financial support from their guardian, women have few political or 
social rights, and society treats them as unequal members. The law 
prohibits women from marrying non-Muslims, but men may marry Christians 
and Jews. Women may not marry noncitizens without government 
permission; men must obtain government permission if they intend to 
marry noncitizens from outside Bahrain, Kuwait, Oman, Qatar, and the 
United Arab Emirates.
    The guardianship system requires that every woman have a close male 
relative as her ``guardian'' with the authority to approve her travel 
(see section 2.d.). A guardian also has authority to approve some types 
of business licenses and study at a university or college. Women can 
make their own determinations concerning hospital care. A husband who 
``verbally'' (rather than via a court process) divorces his wife or 
refuses to sign final divorce papers continues to be her legal 
guardian.
    Widespread societal exclusion restricted women from using many 
public facilities. When unrelated men are present, women must sit in 
separate, specially designated family sections. They are not allowed to 
consume food in restaurants that do not have such sections. Women risk 
arrest for riding in a vehicle driven by a male who is not an employee 
or a close male relative. Cultural norms enforced by state institutions 
require women to wear an abaya (a loose-fitting, full-length black 
cloak covering the entire body) in public and to conceal their hair. 
The religious police also generally expected Muslim women to cover 
their faces and non-Muslim women from other Asian and African countries 
to comply more fully with local customs of dress than non-Muslim 
Western women. In rural areas and smaller cities, women adhered to the 
traditional dress code of covering the entire body, hands, feet, hair, 
and face.
    Women also faced discrimination in courts, where the testimony of 
one man equals that of two women. In divorce proceedings women must 
demonstrate legally specified grounds for divorce, but men can divorce 
without giving cause. In doing so men are required to pay immediately 
an amount of money agreed upon at the time of the marriage that serves 
as a one-time alimony payment. Women who demonstrate legal grounds for 
divorce also are entitled to alimony.
    Women faced discrimination under family law. For example, a woman 
needs her guardian's permission to marry. Courts awarded custody of 
children when they attained a specified age (seven years for boys and 
nine years for girls) to the divorced husband or the deceased husband's 
family. In numerous cases former husbands prevented divorced noncitizen 
women from visiting their children. Women are also discriminated 
against under inheritance laws, where daughters receive half the 
inheritance awarded to their brothers.
    Women constituted more than 58 percent of university students; 
education through university level was generally segregated. The only 
other exceptions to segregation in higher education were medical 
schools at the undergraduate level and the King Abdullah University of 
Science and Technology, a graduate-level research university where 
women worked jointly with men, were not required to wear the veil, and 
drove cars on campus.
    On July 11, the Ministry of Labor issued regulations requiring all 
women's garment stores to be staffed solely by women. The regulations 
also created guidelines for women to telework but banned women from 20 
professions, mostly in heavy industry. On March 26, the Ministry of 
Justice announced plans to open 1,000 legal, administrative, social, 
and religious positions within the judiciary to women throughout the 
country; however, women could not work as judges or prosecutors. A 2010 
report by the central bank estimated that 36,000 female citizens worked 
in the public sector and 48,000 worked in the private sector.
    The law requires a woman to obtain the permission of a male 
guardian to work if the type of business is not ``deemed appropriate 
for a woman.'' A woman cannot accept a job in a rural area unless she 
lodges with an adult male relative who agrees to act as her guardian. 
Widespread gender segregation directly led to discrimination in 
employment. Despite gender segregation the law grants women the right 
to obtain business licenses, and women frequently obtained licenses in 
fields that might require them to supervise foreign workers, interact 
with male clients, or deal frequently with government officials. In 
medical settings and in the energy industry, women and men worked 
together, and in some instances women supervised male employees. Women 
who work in establishments with 50 or more female employees have the 
right to maternity leave and child care.

    Children.--Birth Registration.--Citizenship derives from the 
father, and only the father can register a birth. There were cases of 
citizen children denied public services, including education and health 
care, because the government failed to register the birth entirely or 
immediately.

    Child Abuse.--Abuse of children occurred, but information was 
sparse. In 2010 the NSHR registered 82 instances of violence against 
children, according to its annual report.

    Child Marriage.--Sharia does not specify a minimum age for marriage 
but suggests girls may marry after reaching puberty. According to some 
senior religious leaders, girls as young as age 10 may be married. 
Families sometimes arranged such marriages, principally in rural areas 
or often to settle family debts, without the consent of the child. The 
HRC and NSHR monitored cases of child marriages, which they reported 
were rare or, at least, rarely reported. The bride's age must be 
recorded in the application for a marriage license, and registration of 
the marriage is a legal prerequisite for consummation. The government 
reportedly instructed marriage registrars not to register marriages 
involving children.

    Sexual Exploitation of Children.--There is no specific law 
providing penalties relating to commercial sexual exploitation of 
children or child pornography and no minimum age for consensual sex. 
The law prohibits pornography.

    International Child Abduction.--The kingdom 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 were no known Jewish citizens and no 
statistics available concerning the religious denominations of 
foreigners.
    According to the Ministry of Islamic Affairs, no imams publicly 
espoused intolerant views warranting dismissal during the year; 
however, there continued to be unconfirmed reports that Sunni imams, 
who receive government stipends, used anti-Jewish, anti-Christian, and 
anti-Shia language in their sermons. During the year the ministry 
issued periodic circulars to clerics and imams in mosques directing 
them to include messages on the principles of justice, equality, and 
tolerance and to encourage rejection of bigotry and all forms of racial 
discrimination in their sermons.
    The government's multiyear project to revise textbooks, curricula, 
and teaching methods to promote tolerance and remove content 
disparaging religions other than Islam began in 2007. The government 
mandated the removal of controversial terms from school textbooks and 
the substitution of such terms with the phrase from the Qur'an ``There 
is no compulsion in religion.'' All elementary and middle school 
textbooks except for grades three and six had reportedly been revised 
by year's end. Nonetheless, for example, a 2010-11 seventh-grade text 
contained the sentence, ``The nature of the Jews is duplicity, oath-
breaking, and back-stabbing.'' Although textbook reviews and revisions 
continued at year's end, the revisions were insufficiently extensive to 
remove all language defaming non-Muslims and pronounced anti-Semitic 
perspectives.
    Editorial cartoons occasionally exhibited anti-Semitism 
characterized by stereotypical images of Jews along with Jewish 
symbols, particularly at times of heightened political tension with 
Israel. Anti-Semitic editorial comments sometimes appeared in print and 
electronic media in response to regional events.
    The King Abdulaziz Center for National Dialogue continued to 
promote dialogue, tolerance, and moderation. A mix of high-level 
government and religious officials openly supported the center's 
campaign against religious extremism and intolerant language, 
especially in mosques and schools.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--The law does not prohibit 
discrimination against persons with physical, sensory, intellectual, 
and mental disabilities in employment, education, access to health 
care, or the provision of other state services or other areas. There is 
no legislation mandating public accessibility to buildings, 
information, and communications. Newer commercial buildings often 
included such access, as did some newer government buildings. Persons 
with disabilities had equal access to information and communications.
    Information about patterns of abuse of persons with disabilities in 
prisons and educational and mental health institutions was not 
available. The Ministry of Social Affairs is responsible for protecting 
the rights of persons with disabilities. Vocational rehabilitation 
projects and social care programs increasingly brought persons with 
disabilities into the mainstream.

    National/Racial/Ethnic Minorities.--Although racial discrimination 
is illegal, societal discrimination against members of national, racial 
and ethnic, or tribal minorities was a problem. Foreign workers from 
Africa and Asia were subject to formal and informal discrimination, 
especially racial discrimination. The tolerance campaign of the King 
Abdulaziz Center for National Dialogue sought to address some of these 
issues.
    There were numerous cases of assault against foreign workers and 
reports of widespread worker abuse. The Shia minority continued to 
suffer social, legal, economic, and political discrimination. To 
address the problem, the Ministries of Defense and Interior and the 
National Guard held antidiscrimination training courses in recent years 
for police and law enforcement officers. There were no reports of 
training during the year or of the success rate of these programs.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Under Sharia as interpreted in 
the country, same-sex sexual conduct is punishable by death or 
flogging. It is illegal for men ``to behave like women'' or to wear 
women's clothes and vice versa. There were few reports of societal 
discrimination, physical violence, or harassment based on sexual 
orientation or gender identity, and there was no official 
discrimination based on sexual orientation or gender identity in 
employment, housing, statelessness, or access to education or health 
care. Sexual orientation and gender identity could constitute the basis 
for harassment, blackmail, or other actions; however, no such cases 
were reported.

    Other Societal Violence or Discrimination.--There was no reported 
societal violence or discrimination against persons with HIV/AIDS. By 
law the government deported foreign workers who tested positive for 
HIV/AIDS upon arrival or when hospitalized for other reasons. There was 
no indication that HIV-positive foreigners failed to receive 
antiretroviral treatment or that authorities isolated them during the 
year. The Ministry of Health's HIV/AIDS program worked to fight stigma 
and discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law does not provide for the right of workers to form and join 
independent unions. The law makes no provision for collective 
bargaining or for workers to strike legally, and it does not prohibit 
retaliation against strikers.
    There are no labor unions in the country, and workers face 
potential dismissal, imprisonment, or, in the case of migrant workers, 
deportation for union activities.
    The government allows citizen-only labor committees in workplaces 
with more than 100 employees, but the government places limitations on 
the right of association and is heavily involved in the formation and 
activities of these committees. For example, the Ministry of Labor 
approves committee members, and ministry representatives can attend 
committee meetings. According to the International Trade Union 
Confederation's 2011 Annual Survey of Violations of Trade Union Rights, 
the minutes of the meetings must be submitted to management and then 
passed on to the minister, and the ministry can dissolve committees if 
they violate regulations or threaten public security. Committees can 
make recommendations to company management regarding only improvements 
to work conditions, health and safety, productivity, and training 
programs.
    There were several strikes tied to construction projects and 
nonpayment of wages reported in the press during the year. Most were 
resolved peacefully within a few days with no reports of violence 
against labor leaders or activists. There were no reports that striking 
workers were arrested or threatened with deportation.

    b. Prohibition of Forced or Compulsory Labor.--The law sets forth 
working conditions and pay, including for children, and implicitly 
prohibits forced labor through fines and bans on the violating sponsor 
from future hiring. In August the Ministry of Labor mandated the 
establishment of fewer, larger expatriate labor recruitment firms, 
ostensibly to better protect migrant workers, including domestic 
workers. At the end of the year, these ``mega-recruitment firms'' were 
still not fully operational. Under the previous system, the government 
did not effectively enforce legal protections for migrant workers, and 
the labor law does not apply to domestic employees, the largest group 
of workers susceptible to forced labor conditions. The 2009 
antitrafficking law and other laws prohibiting abuse apply to domestic 
workers, and unconfirmed government reports government indicated at 
least some abusive sponsors were investigated and prosecuted under the 
statutes. There were reports that forced or compulsory labor occurred, 
especially among migrant workers and children. According to a June 21 
Arab News article, for example, local authorities in the southern 
province of Jizan discovered a 45-year-old Sri Lankan maid, Indrani 
Mallika Hettiarachchi, who had been kept against her will without pay 
for nearly 14 years by her employer; authorities subsequently arrested 
the employer.
    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 states no person younger than 15 years may legally work unless that 
person is the only family worker. According to the International Labor 
Organization, children between the ages of 13 and 15 may work if the 
job is not harmful to health or growth and does not interfere with 
schooling. There is no minimum age for workers employed in family-owned 
businesses or other areas considered extensions of the household, such 
as farming, herding, and domestic service. Children younger than age 18 
may not work in hazardous or harmful industries, such as mining, or 
industries with power-operated machinery. There were reports of foreign 
domestic workers younger than 18, some of whom traveled to the country 
with forged documents.
    Child labor occurred in the country, most commonly in the form of 
begging. Children from poor families and foreign children trafficked 
into the country specifically for this purpose worked as beggars. 
Children from other countries, primarily Yemen and Ethiopia, were 
forced into child begging rings, street vending, and family businesses.

    d. Acceptable Conditions of Work.--In March the king issued a royal 
decree setting a monthly minimum wage of 3,000 riyals ($800) for public 
sector employees. There was no private sector minimum wage; however, 
according to Saudi Arabian Monetary Agency statistics for 2009, the 
lowest-paid workers, manual and unskilled laborers, took home 
approximately 1,000 riyals ($267) per month plus some allowances, such 
as for living quarters.
    Labor regulations provide for a 48-hour standard work week at 
regular pay; a weekly 24-hour rest period (normally on Fridays, 
although the employer may grant it on another day); and time-and-a-half 
pay for overtime, with a maximum of 12 additional hours. While the 
government enforced these standards for most workers, they did not 
apply to domestic workers (see section 7.b.).
    Migrant domestic workers were vulnerable to abuse and exploitation, 
including nonpayment of wages, working long hours without rest, 
restrictions on movement, and physical and verbal abuse.
    Bilateral labor agreements stipulate conditions on foreign workers' 
minimum wage, housing, benefits including leave, medical care, and 
other topics. Conditions varied depending on the country's relative 
bargaining leverage. Noncitizen laborers generally negotiated and 
agreed to conditions prior to arrival in the country, but many found 
themselves subjected to conditions to which they had not agreed to, 
such as delays in payment of wages, changes in employer, or different 
working hours and conditions. The Ministry of Labor's Migrant Workers' 
Welfare Department addressed cases of abuse and exploitation. 
Noncitizen workers were able to submit complaints and seek help from 
the 37 offices throughout the country, although the government was not 
generally responsive. The Ministry of Labor reportedly maintained a 
database of abusive employers and occasionally banned individuals and 
companies who mistreated noncitizen workers from sponsoring such 
workers for up to five years; however, the ministry did not provide any 
examples of employers banned during the year.
    The estimated 8.4 million noncitizen workers, including 
approximately 1.5 million female domestic employees, may reside or work 
in the country only under the sponsorship of a citizen or business. The 
law does not permit noncitizens to change their workplace without their 
sponsor's permission, thus forcing the worker to remain with the 
sponsor until fulfillment of the contract or seek the assistance of the 
embassy to return home. Under the new Saudization program, 
``Nitaqaat,'' whose implementation began on June 11, the visas of 
foreign workers at companies not meeting specific goals for employing 
citizens as a percent of their workforce lapses, and these workers can 
transfer their sponsorship to a new firm. Sponsors with commercial or 
labor disputes with foreign employees could ask authorities to prohibit 
the employees from departing the country until the dispute is resolved.
    Sponsoring employers controlled foreign workers' ability to remain 
employed and in the country. In most cases sponsoring employers held 
foreign workers' passports and were responsible for processing 
residence permits on their behalf, although the country has a law 
prohibiting the withholding of passports. Many noncitizen workers, 
particularly domestic employees, were not able to exercise their right 
to remove themselves from dangerous situations. Some employers 
physically prevented them from leaving or threatened them with 
nonpayment if they left.
    Foreign workers can contact the labor offices of their embassies 
for assistance, and, although there were some accounts in the media, 
most information about abuses came from embassy representatives from 
labor exporting countries. There continued to be a large number of 
reported incidents of abuse, including the withholding of passports, 
restrictions of movement and communication, and nonpayment of wages. 
Credible reports suggest that employers sometimes forced female 
domestic employees to work 16 to 20 hours per day, seven days per week, 
with little or no pay. Other workers were abused as well. For example, 
authorities blocked Radio Netherlands' worldwide Arabic Web site after 
a July 15 program on Saudi mistreatment of foreign workers that 
included a video of the beating of an Asian worker with a stick. In 
some contract disputes, a sponsor held the employee in country until 
the dispute was resolved to force the employee to accept a 
disadvantageous settlement or risk deportation without any settlement. 
During the year both Indonesia and the Philippines put bans in place on 
new domestic workers from their countries working in Saudi Arabia while 
they sought to improve the contract terms of their workers. The 
Philippines also requested that prospective employers provide bank 
statements. As of year-end, the bans remained in place.
    During the year hundreds of domestic workers sought shelter at 
their embassies, some fleeing sexual abuse or other violence, and some 
embassies maintained safe houses for citizens fleeing situations that 
amounted to bondage. The workers usually sought legal help from 
embassies and government agencies to obtain end-of-service benefits and 
exit visas. The government rarely filed criminal charges against 
abusive employers.
    In addition to their embassies, domestic employees may contact the 
NSHR, the HRC, the governmental Permanent Committee to Combat Human 
Trafficking, and the Ministry of Labor's Migrant Workers' Welfare 
Department, a department providing services to safeguard migrant 
workers' rights and to protect them from abuse. Workers may also apply 
to the offices of regional governors and may lodge an appeal with the 
Board of Grievances against decisions from those authorities.
    The government engaged in a news campaign highlighting the plight 
of abused workers, trained law enforcement and other officials on 
combating trafficking in persons, and worked with the embassies of 
labor-sending countries to disseminate information about labor rights 
to foreign workers.
    The labor law provides for safety inspections and enables Ministry 
of Labor-appointed inspectors to examine materials used or handled in 
industrial and other operations and to submit samples of suspected 
hazardous materials or substances to government laboratories. The 
Ministry of Health's Occupational Health Service Directorate works with 
the Labor Ministry on health and safety matters. Regulations require 
employers to protect some workers from job-related hazards and disease, 
although violations occurred. These regulations did not cover farmers, 
herdsmen, domestic servants, or workers in family-operated businesses. 
Foreign nationals privately reported frequent failures to enforce 
health and safety standards.

                               __________

                                 SYRIA

                           EXECUTIVE SUMMARY
    Syria is a republic ruled by the authoritarian regime of President 
Bashar al-Asad. The president makes key decisions with counsel from a 
small number of security advisors, ministers, and senior members of the 
ruling Ba'ath (Arab Socialist Renaissance) Party. The constitution 
mandates the primacy of Ba'ath Party leaders in state institutions and 
society. President Asad and party leaders dominate all three branches 
of government. Asad was confirmed as president for his second seven-
year term in a 2007 yes-or-no referendum that was neither free nor fair 
by international standards. Security forces reported to civilian 
authorities.
    Calls for democratic reform by nonviolent demonstrators began in 
mid-March and continued through year's end. The Asad regime used 
indiscriminate and deadly force to quell such protests, including 
military assaults on several cities. For example, in late April the 
regime deprived the southern city of Dara'a of electricity, water, and 
medical services, and it restricted entry and exit for approximately 20 
days while shelling mosques and other civilian targets. The regime 
maintained the use of deadly force against its citizens despite its 
agreement to an Arab League plan to engage in reforms and cease killing 
civilians on November 2. The U.N. reported that more than 5,000 
civilians were killed during the year. When the protests began in 
March, local committees emerged and took responsibility for organizing 
events within their own communities. Together the committees formed the 
Local Coordinating Committees (LCCs) of Syria.
    The three most egregious human rights problems during the year were 
the regime's denial of its citizens' right to peacefully change the 
government; massive attacks and strategic use of citizen killings as a 
means of intimidation and control; and denial of civil liberties such 
as freedom of speech, assembly, and association.
    Other serious problems included disappearances; torture and abuse; 
poor prison and detention center conditions; arbitrary arrest and 
detention; denial of fair public trial; arbitrary interference with 
privacy; and lack of press, Internet, and academic freedom. 
Nongovernmental organizations (NGOs) remained restricted in practice, 
especially those that attempted to work in the areas of civil society 
and democracy. The government restricted freedoms of religion and 
movement. Several groups in society, notably a portion of the Kurdish 
population, were denied citizenship. There was limited progress on laws 
combating trafficking in persons. Violence and societal discrimination 
against women and minorities continued, and workers' rights remained 
restricted.
    Impunity was pervasive and deeply embedded, as the government made 
no attempt to punish, arrest, or prosecute officials who violated human 
rights. Corruption was rampant throughout the government, and the 
judiciary lacked independence.
    According to government-controlled media, armed opposition groups 
committed numerous conflict-related abuses. Given a lack of 
corroboration, the uncoordinated nature of armed groups, and the 
intensity of the conflict in many regions, it was extremely difficult 
to confirm whether opposition groups had committed human rights 
violations.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--During the year 
there were thousands of reports of arbitrary or unlawful deprivation of 
life, many as a result of government actions against peaceful 
prodemocracy protesters. Human Rights Watch (HRW), among other NGOs, 
recorded testimony from several members of government security forces 
claiming commanding officers ordered them to fire on protesters. The 
U.N. reported that since the March protest began, more than 5,000 
civilians had been killed by year's end, while UNICEF confirmed that at 
least 386 children were killed in the same period. Activist groups 
inside the country reported numerous undocumented deaths and alleged 
that the regime arbitrarily killed hundreds of civilians with heavy 
weaponry. According to reports, the regime fired antiaircraft guns at 
civilians in several cities, including Homs in August, September, and 
November. Eyewitnesses also reported the use of snipers in various 
cities including Dara'a, Homs, Deir al-Zour, and Damascus and its 
suburbs. Activists reported that victims were often chosen at random 
and many of them were not associated with the protests. According to a 
June 1 HRW report, on multiple occasions beginning in March, government 
security forces shot and killed protesters in the southern governorate 
of Dara'a and prevented injured protesters from receiving medical care, 
resulting in many more deaths. Other NGOs reported similar events 
elsewhere, as well as that security forces entered hospitals in order 
to slow or interrupt medical care. The government also reportedly 
tortured detainees to death. An August 31 Amnesty International (AI) 
report detailed extrajudicial killings in detention facilities, noting 
that at least 88 deaths were reported to AI between April 1 and 15 and 
that there was evidence that torture caused or contributed to death in 
at least 52 cases. The government claimed it had set up a commission to 
investigate allegations of torture and extrajudicial killings, but at 
year's end there was no evidence it was operational.
    On the evening of April 17, unknown attackers killed 17 protesters 
in Homs when they opened fire on a crowd mourning the death in custody 
of a tribal leader. The government did not launch an investigation into 
the incident, stating that members of the ultraconservative Salafist 
Muslim organization were responsible, but antigovernment activists 
maintained that government agents perpetrated the violence.
    On May 24, one month after his disappearance, security forces 
returned the body of 13-year-old Hamza Khatib to his family. On April 
29, according to human rights observers, Khatib was arrested during 
antigovernment protests in the southern city of Saida. Activists 
reported that government security forces severely tortured, castrated, 
and killed the boy. Videos of an unofficial autopsy showed a corpse 
badly scarred and beaten with bullet wounds in both arms. There were no 
arrests or prosecutions of those responsible for Khatib's death.
    At year's end there were no known developments in cases of unlawful 
killing from prior years, including Riyadh Ahmed Khalil, Wadee' 
Sha'booq, and Yusuf Jabouli.

    b. Disappearance.--Forced disappearances took place in previous 
years; however, the number of disappearances reported increased 
substantially after antiregime demonstrations began in mid-March. The 
vast majority of disappearances reported by activists, human rights 
observers, and international NGOs appeared to be politically motivated. 
The regime targeted critics and antigovernment protesters. LCCs and the 
international NGO Insan reported thousands of disappearances following 
antigovernment protests. Detention without notification was common.
    On April 22, for instance, 18-year-old Abdel Aziz Kamal al-Rihawi 
disappeared from the Damascus suburb of Harasta after attending 
antigovernment demonstrations. Insan reported that al-Rihawi had called 
a relative and said that security forces shooting live ammunition were 
preventing him from leaving the area. At year's end the government had 
not provided any information about his disappearance.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the penal code 
provides up to three years' imprisonment for violations. Local NGOs 
reported a substantial increase in the use of torture by authorities 
subsequent to the onset of antigovernment protests in March. Activists 
cited hundreds of credible cases of security forces allegedly abusing 
and torturing prisoners and detainees, maintaining that many instances 
of abuse went unreported. Some victims died as a result of torture. 
Others declined to allow their names or details of their cases to be 
reported for fear of government reprisal. Numerous NGOs, including the 
Syrian Observatory for Human Rights (SOHR), asserted that hundreds of 
corpses returned to families during the year exhibited signs of torture 
on their bodies. There were a significant number of exceptionally 
brutal cases of abuse of children by the regime during the year.
    The U.N. Commission of Inquiry's November 28 report included 
numerous testimonies on sexual torture used on male detainees such as 
beating of the genitals, forced oral sex, electroshocks and cigarette 
burns to the anus, and repeated threats that they would be raped in 
front of their family and that their wives and daughters would also be 
raped. The commission also reported that former detainees witnessed the 
presence of children younger than 10 in detention centers in various 
locations run by the military and security forces and that torture was 
applied equally to adults and children. Testimonies indicated that boys 
in detention were subjected to sexual torture in front of adult men; 
for instance, a 20-year-old man witnessed the rape of an 11-year-old 
boy by three security service offers while another man witnessed a 15-
year-old boy being raped in front of his father. Former prisoners, 
detainees, and reputable local human rights groups reported that other 
methods of torture and abuse included electrical shocks, pulling out 
fingernails, forcing objects into the rectum, beatings while the victim 
is suspended from the ceiling and on the soles of the feet, alternately 
dousing victims with freezing water and beating them in extremely cold 
rooms, hyperextending the spine, bending the body into the frame of a 
wheel and whipping exposed body parts, using a backward-bending chair 
to asphyxiate the victim or fracture the spine, and stripping prisoners 
naked for public view.
    On March 6, local secret police arrested and tortured 15 boys 
between the ages of 10 and 15 who had spray-painted revolutionary 
messages on a wall in the southern governorate of Dara'a. Police 
reportedly beat and burned the children and pulled out their 
fingernails. When the boys' families marched on the governor's house to 
demand their release, security forces opened fire on them, sparking 
demonstrations and government actions in retaliation. Authorities 
released the children after two weeks.
    On September 10, the body of activist Ghiyath Mattar was returned 
to his family with noticeable signs of torture. On September 6, air 
force intelligence officers had arrested him in the Damascus suburb of 
Daraya. There were no investigations by authorities into his death.
    Berazani Karro, a Kurd who was reportedly tortured in detention and 
sentenced to five years in prison in March 2010, was believed to have 
been released.

    Prison and Detention Center Conditions.--Harsh and life-threatening 
prison conditions were common, especially after arrests stemming from 
the protests caused a substantial increase in the prison and detention 
center population. The generally poor facilities did not meet 
international standards for health and sanitation. Detention conditions 
at security and intelligence service facilities were the harshest, 
while those at the Ministry of Justice were less severe. Facilities 
lacked proper ventilation, lighting, access to potable water or 
adequate food, and sufficient sleeping quarters. Released prisoners 
commonly complained of sickness and injury due to unacceptable 
conditions. Reports of maltreatment and abuse of prisoners were very 
common According to local and international NGOs, the government held 
prisoners and detainees without adequate basic or emergency medical 
care.
    The government did not provide statistics on its prison population, 
but NGOs highlighted overcrowding as one of the major problems in 
prisons. Because of increased arrests and detentions during the year, 
according to international media, authorities converted stadiums to 
prisons for antiregime demonstrators in the coastal city of Banias and 
the southern city of Dara'a. Activists asserted that the regime also 
housed arrested protesters in factories and vacant warehouses that were 
overcrowded and lacked adequate bathroom facilities.
    The government reportedly held minors in adult facilities. Pretrial 
detainees were usually held separately from convicted prisoners. 
However, during the year they were often temporarily held together in 
inadequate spaces. Facilities for political or national security 
prisoners, especially accused Islamists, were generally much worse than 
those for common criminals.
    Each branch of the four security services operated its own 
detention centers, and most cases of torture or mistreatment reportedly 
occurred in these facilities. According to local NGOs, authorities 
sometimes deliberately placed political prisoners in crowded cells with 
convicted and alleged felons and subjected them to verbal and physical 
threats. Political prisoners also reported they often slept on the 
ground due to lack of beds, were subject to frequent searches, and 
faced solitary confinement if authorities found them in possession of 
impermissible items. Guards regularly eavesdropped on political 
prisoners' conversations with their lawyers and visiting family 
members. Some former detainees and human rights observers reported that 
the government denied political prisoners access to reading materials, 
including the Qur'an.
    The LCCs reported that government security forces used excessive 
force to quell several prison riots during the year. On June 22, for 
example, security forces suppressed a general strike by prisoners in a 
prison in Hassakeh. According to the LCCs, after prisoners took the 
main prison square, security forces stormed the prison with tear gas 
and live ammunition. Four people were reportedly killed as a result of 
the operation. The government did not release any information on this 
or any other prison riot during the year.
    There were numerous examples of authorities failing to protect 
those in custody. Several human rights groups reported that the regime 
actively incited violence against political prisoners. On September 10, 
SOHR reported that regime loyalists beat prominent activist Najati 
Tayara in his prison cell in Homs. The 66-year-old Tayara was arrested 
after he reported to Western media that the regime was ``shelling'' 
Homs in response to political protests against the regime.
    According to NGOs, prisoners have the right to complain about harsh 
treatment or conditions. However, there were no credible mechanisms or 
avenues for prisoners to complain or submit grievances, and authorities 
rarely investigated allegations or provided public documentation of 
complaints or grievances. Activists reported there was no ombudsman to 
serve on behalf of prisoners and detainees. There were no serious 
attempts by the government to improve recordkeeping or use alternative 
sentences for nonviolent offenders. Prisoners officially charged with 
crimes had limited access to visitors, although most visits were 
closely monitored by security officials. However, thousands of 
prisoners detained without charge were held incommunicado in unknown 
locations.
    The government generally prohibited independent monitoring of 
prison or detention center conditions; however, diplomatic and consular 
officials had limited access in some cases. On September 6, the regime 
allowed a high-profile visit from the staff of the International 
Committee of the Red Cross, who toured the central prison in the 
Damascus suburb of Adra and met with several prisoners.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention. In practice, however, these activities 
persisted and were significant problems. In effect until April 19, the 
Emergency Law authorized the government to conduct preventive arrests 
and overrode constitutional and penal code provisions against arbitrary 
arrest and detention, including the need to obtain warrants. After the 
Emergency Law was technically lifted, security forces continued to make 
arbitrary arrests and often accepted bribes to release those arrested.

    Role of the Police and Security Apparatus.--Civilian authorities 
did not maintain effective control over the four major branches of 
security forces. Military Intelligence and Air Force Intelligence 
report to the Ministry of Defense, the Political Security Directorate 
reports to the Ministry of Interior, and the General Intelligence 
Directorate reports directly to the Office of the President. The 
Interior Ministry controls the four separate divisions of police 
forces: emergency police, traffic police, neighborhood police, and riot 
police.
    Impunity was a widespread problem. The General Command of the Army 
and Armed Forces may issue an arrest warrant in the case of crimes 
committed by military officers, members of the internal security 
forces, or customs police officers in the pursuit of their normal 
duties; such cases must be tried in military courts. In practice there 
were no known prosecutions or convictions of police and security force 
personnel for abuse and corruption, and the security forces operated 
independently and generally outside the control of the legal system. 
There were no reported government actions to reform the security forces 
or the police.

    Arrest Procedures and Treatment While in Detention.--Warrants are 
generally required for arrest in criminal cases. Upon arrest, the 
individual is usually brought to a police station for processing and 
detained until a trial date is set. The length of time a person could 
be held without charge was unknown. At the initial court hearing, which 
can be months or years after the arrest, the accused may retain an 
attorney at personal expense or be assigned a court-appointed attorney, 
although lawyers are not ensured access to their clients before trial. 
The law provides for prompt access to family members, but NGOs and 
families reported inconsistent application of the law, with some 
families waiting as long as a year to see relatives. Civil and criminal 
defendants have the right to bail hearings and possible release from 
detention on their own recognizance. This right was not applied 
consistently throughout the legal system and was rarely available to 
pretrial detainees.
    In cases involving political or national security offenses, arrests 
were often carried out in secret with cases assigned in a seemingly 
arbitrary manner to military, security, or criminal courts. Suspects 
were detained incommunicado for prolonged periods without charge or 
trial and denied the right to a judicial determination regarding 
pretrial detention. In most cases detainees were not informed of 
charges against them until their arraignment, which was often months 
after their arrest. Security detainees did not have access to lawyers 
before or during questioning or throughout the preparation and 
presentation of their defense. Following the increase in civil unrest 
in mid-March, many more suspects were accused of political and national 
security offenses.
    The government often failed to notify foreign governments when 
their citizens were arrested or detained or after they had been 
released or deported, especially when the case involved political 
charges.

    Arbitrary Arrest.--In effect until April 19, the Emergency Law 
authorized the government to conduct preventive arrests and overrode 
constitutional and penal code provisions against arbitrary arrest and 
detention, including the need to obtain warrants. After the Emergency 
Law was technically lifted, security forces continued their previous 
practices and, in fact, arrested more individuals arbitrarily. There 
were also several reports that the security services would arrest 
relatives of a wanted person to pressure that individual to surrender. 
Warrants and court orders were rarely issued or presented before an 
arrest. Most detentions were made secretly at the order of one of the 
security branches. Arbitrary and false arrests were common, and 
detainees had no legal redress. Often the authorities cited no reasons 
for arresting civilians.
    Human rights observers and watchdog groups estimated that the 
government arbitrarily arrested tens of thousands of citizens during 
the year, most notably those who took part in antigovernment 
demonstrations, but also alleged Islamists, Muslim Brotherhood members, 
and civil society and human rights activists. Activists and 
international humanitarian organizations stated that government forces 
conducted security raids in response to antigovernment protests in 
several towns and cities, including Dara'a, the Damascus suburb of 
Muadamiyah, the coastal city of Lattakia, and the central cities of 
Homs and Hama, arresting men between 16 and 50 years old.
    On March 25, the secret police arrested a foreign engineer in 
Damascus for filming antigovernment protests and held him in an 
undisclosed location. Security authorities reportedly forced him to 
make a taped confession broadcast on state television, where he said he 
had sold photographs of demonstrations to a foreign government. On 
April 1, he was released from custody without charge and allowed to 
leave the country. The government did not notify his embassy of the 
arrest or allow access to him.

    Pretrial Detention.--Many people who disappeared were believed to 
be either in long-term detention without charge or possibly to have 
died while detained. Many detainees brought to trial had been held 
incommunicado for years. A shortage of available courts and lack of 
legal provisions for a speedy trial or plea bargaining also contributed 
to lengthy pretrial detentions.

    Amnesty.--There were two announced amnesties during the year, with 
President Asad reportedly pardoning or reducing sentences of thousands 
of prisoners of conscience as well as other prisoners. Several known 
political prisoners were released, including Haithem al-Maleh and 
blogger Kamal Sheikho; however, Shiekho was subsequently rearrested on 
March 16 after engaging in a protest calling for the release of 
political prisoners. HRW reported on December 27 that authorities 
transferred hundreds of detainees to off-limits military sites to hide 
them from Arab League monitors in the country.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, but courts were regularly subject to political 
influence, and outcomes of cases with political context appeared 
predetermined. An estimated 95 percent of judges were Ba'athists or 
closely aligned to the Ba'ath Party.

    Trial Procedures.--Defendants before civil and criminal courts are 
entitled to legal representation of their choice; the courts appoint 
lawyers for indigents. Defendants are presumed innocent and are allowed 
to present evidence and to confront their accusers. Trials are public, 
except for those involving juveniles or sex offenses. Defendants can 
appeal verdicts to a provincial appeals court and ultimately to the 
Court of Cassation. There are no juries. Defendants and their attorneys 
have access to government-held evidence relevant to their cases. Human 
rights lawyers noted that in some politically charged cases, the 
prosecution case files that defense lawyers were allowed to see did not 
include any evidence.
    Not all citizens enjoyed these rights equally because parts of the 
family and criminal law are based on sharia and discriminate against 
women. Some personal status laws use sharia regardless of the religion 
of those involved.
    On April 18, President Asad formally announced the dissolution of 
the Supreme State Security Court (SSSC), which conducted unfair, 
nonpublic trials not subject to judicial appeal.

    Political Prisoners and Detainees.--Throughout the year the 
government detained critics and charged them with a wide range of 
political crimes, including treason. The number of political prisoners 
and detainees--both citizens and foreigners--was difficult to determine 
due to the lack of official government information and because 
different security services, each of which maintained its own 
incarceration facilities, held significant numbers of such detainees. 
Authorities refused to divulge information regarding numbers or names 
of persons in detention on political or security-related charges. Local 
human rights observers estimated that authorities arrested more than 
10,000 political prisoners between March 15 and year's end, a marked 
increase from the previous year. The figure included participants in 
antigovernment protests. The government frequently held political 
detainees in regular jails or in detention centers run by the security 
forces for extended periods without charges or trials and did not 
inform their families. The government tried such detainees in criminal 
court.
    During the year the government rearrested and briefly detained 
several signatories of the Damascus Declaration (a statement of unity 
by Syrian opposition figures issued in 2005), most notably Riad Seif 
and Ali Abdallah. On June 17, after his May amnesty, security forces 
rearrested Abdallah and subsequently released him on July 20. On May 5, 
security forces rearrested Seif after he participated in antigovernment 
protests in Damascus but released him after 10 days.
    On February 14, the government sentenced 18-year-old blogger Tal 
al-Mallouhi to five years in prison for the ``leaking of sensitive 
information'' on her blog. Mallouhi was first arrested in 2009 and held 
for more than one year without being charged or provided legal 
representation and without access to her family. The secret trial took 
place at the SSSC without independent observers.

    Civil Judicial Procedures and Remedies.--Civil remedies for human 
rights violations were in practice nonexistent.

    Property Restitution.--Security forces routinely seized detainees' 
property and personal items. Following the beginning of civil unrest, 
confiscation of personal telephones, computers, and electronics by the 
authorities increased sharply. According to local human rights 
contacts, specific cases were too frequent to track. Security forces 
did not catalogue these items in accordance with the law, and although 
detained individuals had the right to retrieve them after their 
release, authorities often did not return the property.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, but the Emergency Law 
in effect until April 19 authorized security services to enter homes 
and conduct searches without warrants if broadly defined security 
matters are involved. After the Emergency Law was lifted, the practice 
reportedly continued. Police bypassed the normal search warrant 
requirement in most instances by citing security reasons or emergency 
grounds for entry. Random home raids occurred in the large cities or 
towns of most governorates, usually following large antigovernment 
protests.
    The government opened mail addressed to both citizens and foreign 
residents and routinely monitored Internet communications, including e-
mail (see section 2.a.).
    The government barred membership in some political organizations, 
including Islamist parties, whose members were often arrested. The 
government tolerated other illegal political parties (see section 3, 
Elections and Political Participation).
    The government actively targeted and arbitrarily arrested the 
family members of government critics and human rights groups. On August 
30, air force intelligence agents seized Yassin Ziadeh, the brother of 
exiled activist Radwan Ziadeh. Activists reported that the government 
targeted Yassin due to his brother's criticisms of the regime. At 
year's end Yassin continued to be held incommunicado at an unknown 
location and had not been charged. Composer Malek Jandali's parents 
were killed in their home in Homs in retaliation for Jendali's 
activities in the United States.
    There were unconfirmed reports that security personnel forced 
prisoners to watch relatives being tortured to extract confessions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--While the constitution provides for freedom of speech and the 
press, the government virtually eliminated these rights in practice.

    Freedom of Speech.--The government maintained broad discretion to 
determine what constituted illegal expression, and individuals could 
not criticize the government publicly or privately without fear of 
reprisal. The regime also stifled criticism by invoking penal code 
articles prohibiting acts or speech inciting sectarianism, and it 
monitored political meetings and used informer networks.

    Freedom of Press.--The government exercised extensive control over 
local print and broadcast media, and the law imposes strict punishment 
for reporters who do not reveal their government sources in response to 
government requests. The government or the Ba'ath Party owned and 
operated most newspaper publishing houses. A number of quasi-
independent periodicals, usually owned and produced by individuals with 
government connections, were published during the year. The government 
prohibited all Kurdish-language publications, although there were 
credible reports that such publications were available in the country.
    The government owned some radio and most local television 
companies, and the Ministry of Information closely monitored all radio 
and television news and entertainment programs to ensure adherence to 
government policies. Despite restrictions on ownership and use, 
satellite dishes were widely used, although the government jammed some 
Arab networks.
    The government owned or controlled nearly all book publishing 
houses. Books critical of the regime were illegal.

    Violence and Harassment.--As in previous years, government forces 
detained, arrested, and harassed journalists and other writers for 
works deemed critical of the state. Harassment included attempts at 
intimidation, banning them from the country, having journalists 
dismissed from their positions, or failing to respond to requests for 
continued accreditation. Journalists were also subject to physical 
attacks during the year.
    There were increased reports of government harassment of foreign 
correspondents covering the unrest in the country. The government 
accused satellite channels, such as Al Jazeera, of distorting or 
fabricating the facts, and the regime sponsored aggressive 
demonstrations outside the embassy of Qatar, the country where Al 
Jazeera is based. It was very difficult for correspondents to obtain 
visas, although some of this eased in December. Government security 
forces often followed and monitored foreign reporters throughout the 
country.
    On August 25, according to human rights observers, masked men who 
reportedly were part of a proregime group kidnapped prominent 
cartoonist and activist Ali Ferzat and broke both his hands so that he 
could no longer draw, before leaving him by the side of the road with a 
bag over his head. At year's end there had been no public 
investigations or arrests related to the case.
    Raghda Hassan, a writer and veteran activist arrested by security 
forces in February 2010, was released early from prison during the 
year.

    Censorship or Content Restrictions.--The government strictly 
controlled the dissemination of information and prohibited most 
criticism of the government and discussion of sectarian issues, 
including religious and ethnic minority rights. The Ministries of 
Information and Culture censored domestic and foreign publications 
prior to circulation or importation and stopped circulation when 
content was judged to be critical or sensitive. Publication or 
distribution of any material security officials deemed threatening or 
embarrassing to the government was prohibited. Censorship was usually 
greater for materials in Arabic.
    Local journalists exercised self-censorship on subjects such as 
criticism of the president and his family, security services, or 
Alawite religious groups. Foreign journalists who did not observe these 
guidelines were barred from the country, and domestic journalists who 
broke the rules and wrote on these issues were required to live outside 
the country or risk being arrested upon their return.

    Libel Laws/National Security.--The media law in force until August 
25 prohibited the publication of ``inaccurate'' information, 
particularly if it ``causes public unrest, disturbs international 
relations, violates the dignity of the state or national unity, affects 
the morale of the armed forces, or inflicts harm on the national 
economy and the safety of the monetary system.'' Persons found guilty 
of publishing such information were subject to prison terms ranging 
from one to three years and fines ranging from 500,000 to one million 
Syrian pounds (SYP) ($9,000 to $18,000). According to the new media law 
issued on August 25, journalists could not be imprisoned for practicing 
their profession; however, they could face fines of up to one million 
SYP ($18,000) for speaking out against the regime.

    Internet Freedom.--There were government restrictions on access to 
the Internet and reports that the government monitored e-mail or 
Internet chat rooms. Individuals and groups could not engage without 
prospect of punishment in the expression of views via the Internet, 
including by e-mail. The government applied the media law, as well as 
general legal code, to regulate Internet use and prosecute users.
    The government often monitored Internet communications, including 
e-mail, and interfered and blocked Internet service in various cities. 
The security branches were largely responsible for restricting Internet 
freedom. The government made no attempts to oversee or restrict the 
security branches' monitoring and censoring of the Internet. Internet 
blackouts often occurred on Fridays to coincide with the usual timing 
of antigovernment protests. According to various groups, all of the 
country's Internet service providers regularly blocked access to a 
variety of Web sites. Observers estimated that approximately 180 sites 
were blocked at one time or another, including the proreform Web site 
All4syria.org and sites associated with Kurdish opposition groups, the 
Muslim Brotherhood, the Syrian Muslim Brotherhood, and antigovernment 
Arabic newspapers such as Sharq al-Awsat.
    On February 8, after nearly five years, the government lifted bans 
on Facebook and YouTube; however, human rights observers reported the 
government continued to impede the flow of information on government 
violence out of the country, particularly YouTube images of protesters 
being beaten, arrested, and killed. In December the government banned 
the use or import of iPhones, which had been used by citizens to 
document and share evidence of violence surrounding the protests. Human 
rights activists believed the government often attempted to collect 
personally identifiable information of activists on the Internet in 
order to coerce or retaliate against them. Activists reported that they 
were forced by authorities to turn over the passwords to their e-mail 
and social media accounts, and that their Web sites and accounts were 
subject to attacks by cybercriminals with allegiance to the government. 
Opposition members and independent reports indicated that Internet and 
mobile communications were cut off on a regional basis during key 
moments of unrest.
    On July 1, authorities arrested blogger Anas Al-Marawi after he 
demanded that President Asad leave the country. He was released without 
charge on August 28.

    Academic Freedom and Cultural Events.--The government restricted 
academic freedom and cultural events. Teachers generally were not 
permitted to express ideas contrary to government policy. Authorities 
permitted slightly more freedom of expression at the university level, 
but the government imposed restrictions on the ability of public 
universities to associate with foreign cultural centers.
    The Ministry of Culture banned and censored films and exercised the 
right of approval over films shown at cultural centers operated by 
foreign embassies.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of assembly, but 
Emergency Law provisions superseded this right, and the government 
continued to restrict freedom of assembly after the Emergency Law's 
repeal. On September 6, President Asad issued Decree No. 110 amending 
the law regulating peaceful protest. The amendment restored to the 
government the broad powers it previously exercised under the Emergency 
Law, and it criminalized demonstrations, increasing penalties for 
violators from a fine of 5,000 SYP ($90) to as much as one year's 
imprisonment plus a fine of 50,000 SYP ($900).
    Ministry of Interior permission is required for demonstrations or 
any public gathering of more than three persons. The ministry generally 
did not respond to requests or approved them after the scheduled date 
of the event. As a rule only demonstrations by the government, 
government-affiliated groups, or the Ba'ath Party were authorized, and 
these were orchestrated by the regime on numerous occasions.
    The government used unnecessary force against peaceful 
demonstrators on many occasions during the year, killing numerous 
persons (see section 1.a.). For example, on March 16, family members of 
prisoners of conscience gathered in a Damascus square to support those 
detained. Within minutes of beginning, security officers dressed in 
civilian clothing allegedly violently dispersed the silent vigil, which 
included women, children, and the elderly, and detained at least 34 
persons.

    Freedom of Association.--The constitution permits private 
associations but also grants the government the right to limit their 
activities. In practice the government restricted freedom of 
association, requiring prior registration and approval for private 
associations. The government restricted the activities of associations 
and their members, and the executive boards of professional 
associations were not independent.
    The government often denied requests for registration or failed to 
act on them, presumably on political grounds. None of the approximately 
14 local human rights organizations operated with a license, but many 
functioned under organizations that had requisite government 
registration. The government continued to block the multiyear effort by 
journalists to form a regional Arab media association. On August 4, 
President Asad issued a decree permitting the legal establishment of 
independent political parties; the press reported several proregime 
groups were establishing parties (see section 3, Elections and 
Political Participation).
    Under the authority of laws that criminalize membership and 
activity in organizations that the government deems illegal, security 
forces arrested hundreds of persons linked to local human rights groups 
and prodemocracy student groups.

    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 territories of the state unless restricted by 
a judicial decision or by the implementation of laws.'' In practice the 
government imposed restrictions on in-country movement and foreign 
travel. The government generally cooperated with the Office of the U.N. 
High Commissioner for Refugees (UNHCR), the U.N. Relief and Works 
Agency for Palestine Refugees in the Near East, and other humanitarian 
organizations in assisting refugees and asylum seekers.

    In-Country Movement.--The government maintained security 
checkpoints, primarily in military and other restricted areas. Foreign 
diplomats were not permitted to travel in most of the country, and 
following the unrest, they were rarely granted permission to travel 
outside Damascus.

    Foreign Travel.--Although citizens are ostensibly free to travel 
internationally, in practice the government limited freedom of movement 
for foreign travel and emigration by requiring citizens to apply for 
exit visas. In addition, the government often imposed travel bans on 
oppositionists and human rights or civil society activists. Individuals 
the government banned from traveling internationally during the year 
included many of the Damascus Declaration members, political activists, 
and bloggers. Human rights observers believed the actual number of 
activists affected by a travel ban was in the tens of thousands and 
increased throughout the year. Many citizens learned of the ban against 
their travel only after they were prevented from departing the country. 
The government usually applied travel bans without explanation for 
their basis or duration, including in cases when individuals needed to 
travel for health reasons.
    The government often reported it had lifted a travel ban against a 
certain activist but nevertheless prevented him or her from traveling 
outside the country. For instance, on August 30, security officials 
prevented Damascus Declaration leader Riad Seif from traveling, 
although the government announced his travel ban had been lifted 
earlier in the year. Seif was attempting to travel to Germany for 
cancer treatment, but security officials alleged that he had suspicious 
luggage and did not allow him on the plane.
    In June President Asad reportedly placed a travel ban on his 
cousin, Brigadier General Atef Najib, the head of the security forces 
in Dara'a, in response to the use of excessive force there. There was 
no report of any credible investigation by the government into state 
security operations or any court rulings against Najib.
    Women over age 18 have the legal right to travel without the 
permission of male relatives, but a husband may file a request with the 
Interior Ministry to prohibit his wife from departing the country.

    Emigration and Repatriation.--Persons who have unsuccessfully 
sought asylum in other countries and who have past connections with the 
Muslim Brotherhood have been prosecuted upon their return to the 
country. The law provides for the prosecution of any person who 
attempts to seek refuge in another country to escape a penalty in 
Syria. The government routinely arrested dissidents and former citizens 
with no known political affiliation who tried to return to the country 
after years or even decades in self-imposed exile. Emigrants who did 
not complete mandatory military service could pay a fee to avoid 
conscription while visiting the country. Persons of Syrian origin who 
were born in a foreign country but were able to demonstrate service in 
the army of the country of birth were exempt from military service 
without payment.

    Internally Displaced Persons (IDPs).--Observers estimated there 
were approximately 300,000 IDPs in the country with numerous media 
reports on the increasing numbers of internally displaced persons due 
to drought and political unrest. It was unclear whether there were laws 
and policies in place in accordance with the U.N. Guiding Principles on 
Internal Displacement. The government provided limited food relief 
through the Syrian Arab Red Crescent (SARC). In cooperation with the 
SARC, international organizations such as the World Food Program and 
International Federation of the Red Cross and Red Crescent Societies 
provided additional food and medical assistance. There were no 
government resettlement efforts for IDPs.

    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 respected the UNHRC's eligibility 
determinations regarding asylum seekers.

    Nonrefoulement.--During the year the government forced at least 84 
asylum seekers to return to where their lives or freedom may have been 
threatened. The government also forcibly returned some Iraqi refugees, 
including women whom authorities had arrested on charges of 
prostitution, depositing them across the border in Iraq.

    Refugee Abuse.--Incidents of refugee abuse occurred. For example, 
in August military forces swept through the al-Ramel Palestinian 
refugee camp in Latakia, forcing approximately 8,000 refugees to flee. 
The population was displaced to the beach and to a nearby stadium while 
the military terrorized the few residents who remained in the camp. The 
refugees subsequently returned to their homes in the camp.
    In October military forces detained a 15-year-old Iraqi refugee and 
deported him back to Iraq without notifying the UNHRC. The boy claimed 
he was raped and tortured in custody with electric shocks to extract 
information on the alleged illegal activity of other refugees.
    During the year the UNHRC assisted 711 refugee victims of gender-
based violence through several ``safe houses'' in Damascus that 
provided accommodation, food, social counseling, vocational training, 
and legal and medical services for refugee women and children who had 
suffered any form of violence in the country or prior to their arrival.

    Employment.--The law does not explicitly permit refugees, except 
for Palestinians, the right to work. The government rarely granted 
refugees a work permit; however, many refugees found work in the 
informal sector as guards, construction workers, street vendors, and in 
other manual jobs. U.N. agencies reported that security services 
continued the practice of detaining Iraqi refugees for working without 
a permit.

    Access to Basic Services.--The law allows for the issuance of 
identity cards to Palestinian refugees and the same access to basic 
services provided to citizens. Iraqi refugees are also allowed access 
to publicly available services, such as health care and education.

    Stateless Persons.--Citizenship is derived solely from the father, 
living or deceased. Following the 1962 census, approximately 120,000 
Kurds lost their citizenship. The single-day census in 1962 was 
ordained by legislative decree and executed unannounced to the 
inhabitants of al-Hassake Province. Government justification for this 
measure was to identify Kurds who had entered the country since 1945. 
In practice anyone who was not registered for any reason or did not 
have all the required paperwork became ``foreign'' overnight, and 
anyone who refused to participate was recorded as ``undocumented.'' 
This process stripped some 150,000 Kurds of Syrian nationality. As a 
result they and their descendants lacked identity cards and therefore 
were unable to access government services, including health care and 
education. They also faced social and economic discrimination. 
Furthermore, stateless Kurds do not have the right to inherit or 
bequeath assets, and their lack of citizenship or identity documents 
restricted their travel to and from the country.
    On April 7, President Asad issued Decree No. 49 declaring that 
stateless Kurds in the Hassake Governorate registered as ``foreigners'' 
could apply for citizenship, and as of September 13, the Web site 
KurdWatch reported that 51,000 stateless Kurds had received identity 
cards indicating their citizenship. However, the decree did not extend 
to the approximately 160,000 ``unregistered'' stateless Kurds, who 
remained without a national identity at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the constitution provides the right for citizens to 
peacefully change their government through elections, in practice they 
did not have that right because elections were neither free nor fair.

    Elections and Political Participation.--Recent Elections.--On 
December 12, local council elections were held across the country. The 
government claimed widespread participation, with upwards of 85 percent 
voter turnout in some areas. However, reports from activists indicated 
very low voter turnout and low public awareness of candidates running 
for office.
    The most recent presidential and parliamentary elections took place 
in 2007. The government barred international election monitors from 
entering the country to observe the elections. Local and international 
human rights advocates found the elections neither free nor fair and 
stated that they served to reassert the primacy and political monopoly 
on power of President Bashar al-Asad and the Ba'ath Party. Although 
some opposition groups estimated voter turnout in the presidential 
election at significantly less than 50 percent, the government's 
official statistics reported voter turnout to be 96 percent, and 
President Asad reportedly won 98 percent of the vote. Outside observers 
uniformly dismissed the voter statistics as fraudulent and not 
representative of observed participation.
    On September 28, President Asad issued Decree No. 374, forming the 
Higher Committee for Elections, which is composed of five judges and 
tasked with supervising the electoral process.

    Political Parties.--The president and the Ba'ath Party suppressed 
political opposition. The constitution provides that the Ba'ath Party 
is the ruling party and ensures that it has a majority in all 
government and popular associations, such as workers' and women's 
groups. The Ba'ath Party dominated the 250-member People's Council. The 
Ba'ath Party and nine other smaller satellite political parties 
constitute the coalition National Progressive Front, the only framework 
for legal political party participation for citizens. This changed on 
August 4 when President Asad issued Decree No. 100, which allows the 
establishment of political parties, although it forbids those based on 
religion, tribal affiliation, or regional interests. Several political 
groups tolerated by the government were planning to establish political 
parties.
    Membership in the Ba'ath Party or close familial relations with a 
prominent party member or powerful government official assisted in 
economic, social, or educational advancement. Party or government 
connections made it easier to gain admission into better schools, 
access lucrative employment, and achieve greater advancement and power 
within the government, military, and security services. The government 
reserved certain prominent positions, such as provincial governorships, 
solely for Ba'ath Party members.
    In practice the government tolerated some other political parties, 
such as the Communist Union Movement, and it subjected members of other 
parties, such as the Communist Action Party, People's Party, and Arab 
Social Union, to harassment but not automatic arrest for membership. 
Members of Islamist parties were subject to immediate arrest. Including 
the Muslim Brotherhood and 12 Syrian Kurdish parties, there were an 
estimated 30 illegal opposition political parties of varying sizes and 
influence operating in the country.

    Participation of Women and Minorities.--Women and minorities 
generally participated in the political system without formal 
restriction.
    During the year a female vice president and three female cabinet 
ministers were in office. Thirty of the 250 members of parliament were 
women. In addition, the president had two high-ranking female advisors.
    There are Christian, Druze, and Kurdish ministers in the 
parliament. Alawites, the ruling religious minority, held greater power 
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. 
Corruption continued to be a pervasive problem in the police forces and 
security services. During the year there were reports of prison guards 
demanding bribes from prisoners and their visitors. Visiting family 
members who paid higher bribes enjoyed visits to detainees without 
police surveillance. Bribes reportedly ranged from 200 to 3,300 SYP 
($3.60 to $60). Human rights lawyers and family members of detainees 
said government officials in courts and prisons solicited bribes for 
favorable decisions and provision of basic services. Traffic police 
officers regularly solicited bribes from drivers, and child laborers 
reported bribing police to avoid arrest.
    Beginning in mid-March Rami Makhlouf, the wealthiest man in the 
country and a cousin of President Asad, was the target of public anger 
and a symbol of regime corruption. Makhlouf is believed to own majority 
interests in several industries such as telecommunications, industry, 
oil, and duty-free shops. In response to widespread protests, on June 
16, Makhlouf publicly announced he would dedicate his assets and time 
to charity work.
    There are no public financial disclosure laws for public officials. 
The prime minister's Central Commission for Control and Inspection is 
the main administrative body responsible for coordinating and 
monitoring public sector corruption. Each government body, including 
the ministries, has a Control and Inspection Department that reports 
directly to the Central Commission.
    In previous years there were no laws providing for public access to 
government information, and the government granted no access in 
practice. The media law issued on August 25 provides for access to 
information from ministries and other government institutions, but 
there was no information about whether it was implemented during the 
year.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government restricted attempts to investigate alleged human 
rights violations and rarely cooperated with any independent attempts 
to look into alleged violations. The government did not grant 
permission for the formation of any domestic human rights 
organizations. Dozens of such groups operated illegally in the country 
and increased as a result of civil unrest throughout the year. During 
the year there were reports that the government harassed domestic human 
rights activists by subjecting them to regular surveillance and 
imposing travel bans as they sought to attend workshops and conferences 
outside the country. Domestic organizations reported that they rarely 
received responses from the Ministry of Social Affairs and Labor. The 
government normally responded to queries from human rights 
organizations and foreign embassies regarding specific cases by 
reporting that the case was still under investigation; that the 
prisoner in question had violated national security laws; or, if the 
case was in criminal court, that the executive could not interfere with 
the allegedly independent judiciary.
    In general the government was highly suspicious of international 
human rights NGOs and typically did not allow them into the country. As 
a matter of policy, the government denied to international human rights 
groups that it had committed any human rights abuses. The government 
continued to bar HRW from visiting the country. It denied other 
organizations access to several locations where government agents were 
launching assaults on antigovernment protesters. Following the onset of 
unrest in mid-March, the government also placed more restrictions on 
humanitarian and aid organizations.

    U.N. and Other International Bodies.--The government failed to 
cooperate with or grant access to the UNHRC's independent commission of 
inquiry, explaining that it would examine the possibility of 
cooperating with the commission once the work of its own independent 
special legal commission was completed; however, there were no reports 
that the government took steps to establish its own commission during 
the year. The U.N. commission published its report on November 28.
    While the regime permitted Arab League monitors to enter the 
country, it restricted their access and movement. The majority of 
participating Arab countries pulled their monitors from the mission due 
to the government's impediments to the monitors' efforts and the 
continued killing of civilians and other human rights violations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equal rights and equal opportunity 
for all citizens and prohibits discrimination based on race, gender, 
disability, language, or social status. The government did not enforce 
the law effectively or make any serious attempt to do so.

    Women.--Rape and Domestic Violence.--Rape is a felony, but the 
government did not effectively enforce existing rape laws. There are no 
laws against spousal rape. According to the law, rape is considered to 
occur ``when a man forces a woman who is not his wife to have 
intercourse'' and is subject to punishment of at least 15 years in 
prison. The law further stipulates that the rapist faces no punishment 
if he marries the victim. The victim's family sometimes agrees to this 
arrangement to avoid the social stigma attached to rape. If the victim 
is too young for marriage, the rapist receives a longer prison 
sentence. Recent statistics on the incidence of rape were not 
available; observers reported at least 1,300 cases in 2009.
    The law does not specifically prohibit domestic violence, and 
violence against women went unpunished during the year. The majority of 
domestic violence and sexual assault cases were not reported; victims 
traditionally have been reluctant to seek assistance outside the family 
for fear of social stigmatization. Observers reported that when some 
abused women tried to file a police report, the police did not 
investigate their reports thoroughly, if at all, and in other cases 
police officers responded by abusing the women, including by sexual 
harassment, verbal abuse, hair pulling, and slapping, particularly at 
the criminal security branch at Bab Musallah in Damascus. Victims of 
domestic violence have the legal right to seek redress in court, but 
few did so because of the social stigma attached to such action.
    The Sisters of the Good Shepherd in Damascus continued to run a 24-
hour emergency shelter and telephone hotline for female victims of 
domestic violence and reported that the police had been increasingly 
helpful in referring women to the shelter. Additionally, the 
Association for Women's Role Development, Oasis of Hope, and the Syrian 
Family Planning Association provided family and psychological 
counseling to battered women in Damascus.
    Gender-based violence was an ongoing issue for the Iraqi refugee 
population (see section 2.d.).

    Harmful Traditional Practices.--The law does not specifically 
prohibit ``honor crimes'' and in fact permitted judges to reduce usual 
legal penalties for such crimes, as they often did in practice. The 
government kept no official statistics on honor crimes; however, there 
were numerous press and anecdotal reports of honor crimes throughout 
the year. According to an Interior Ministry estimate from mid-2008 to 
mid-2009, 38 honor crimes took place. NGOs estimated there were between 
300 and 400 such killings during the year, since actual numbers were 
likely higher than the number of cases reported. The media reported on 
January 13 that a man tied up his unmarried, pregnant sister and forced 
her to swallow pesticide, which killed her.

    Sexual Harassment.--The law prohibits sexual harassment and 
specifies different punishments depending on whether the victim is a 
minor or an adult. Sexual harassment rarely was reported nor laws 
against it enforced.

    Reproductive Rights.--The government generally respected the basic 
rights of couples and individuals to decide the number, timing, and 
spacing of children free from discrimination, coercion, and violence. 
Apart from the general insecurity in the country and attendant economic 
difficulties, there were no impediments to access to information on 
family planning, contraception, and maternal health services, including 
skilled attendance during childbirth, prenatal care, and essential 
obstetric care and postpartum care.

    Discrimination.--The constitution provides for equality between men 
and women and for the ``right of every citizen to earn his wage 
according to the nature and yield of the work.'' However, a number of 
sections of family and criminal law do not treat men and women equally. 
In addition, only 22 percent of women participated in the formal labor 
force, compared with 82 percent of men. In addition, women earned on 
average one-fifth the salary of men. The government sought to overcome 
traditional discriminatory attitudes toward women and encouraged 
women's education by ensuring equal access to educational institutions, 
including universities; nevertheless, women made up only 41 percent of 
the tertiary education students. The Commission for Family Affairs, 
Ministry of Justice, and Ministry of Social Affairs and Labor shared 
responsibility for attempting to provide for equal legal rights of 
women.
    Personal status, retirement, and social security laws discriminate 
against women. Under criminal law, if a man and woman separately commit 
the same criminal act of adultery, the woman's punishment is double 
that of the man's. For Muslims, personal status law treats men and 
women differently. Some personal status laws mirror Islamic law 
regardless of the religion of those involved in the case. A divorced 
woman is not entitled to alimony in some cases, such as if she gave up 
her right to alimony to persuade her husband to agree to the divorce. 
In addition, under the law a divorced mother loses the right to 
guardianship and physical custody of her sons when they reach the age 
of 13 and of her daughters at age 15. Guardianship goes to the paternal 
side of the family after the ages of 13 and 15, respectively.
    Inheritance for all citizens except Christians is based on the 
government's interpretation of Islamic law. Accordingly, Muslim women 
usually were granted half of the inheritance share of male heirs. In 
all communities male heirs must provide financial support to female 
relatives who inherit less. If they do not, females have the right to 
sue. During the year there were reports that in some regions custom 
prevailed over the law, and women were denied any inheritance.
    A woman's husband or any other male relative may request that his 
wife's travel abroad be prohibited. Although official statistics were 
not available, foreign embassies reported a number of such incidents 
during the year.
    Women participated actively in public life and were represented in 
most professions, including the armed forces. Women were not impeded 
from owning or managing land or other property. Various sources 
observed that women constituted a minority of lawyers, university 
professors, and other professions. Additionally, women were represented 
in the judiciary, parliament, and high levels of government, including 
six ministerial positions.

    Children.--Birth Registration.--Citizenship is derived solely from 
the father, living or deceased. The government did not register the 
births of some Kurdish residents, including stateless Kurds (see 
section 2.d.). Failure to register resulted in deprivation of services.

    Education.--The government provided free public education to 
citizen children from primary school through university. Education is 
compulsory for all children between the ages of six and 12. Noncitizen 
children could also attend public schools at no cost but required prior 
permission from the Ministry of Education.
    In general Palestinians and other noncitizens, including stateless 
Kurds, can send their children to school and universities; however, 
stateless Kurds are ineligible to receive a degree documenting their 
academic achievement.
    Societal pressure for early marriage and childbearing interfered 
with girls' educational progress, particularly in rural areas, where 
the dropout rates for female students remained high.

    Child Abuse.--The country lacked a formal law protecting children 
from abuse. There were reports during the year of government forces 
sexually assaulting, torturing, and killing children, usually 
associated with antigovernment protests (see sections 1.a., 1.b., and 
1.c.).

    Child Marriage.--The legal age for marriage is 18 for males and 17 
for females. However, a male 15 years or older and a female 13 years or 
older may be married if a judge deems both to be willing parties to the 
marriage, both are ``physically mature,'' and the fathers or 
grandfathers of each consent. Although underage marriage has declined 
considerably in the past decades, it was common and occurred in all 
communities, albeit in greater numbers in rural and less developed 
regions. UNICEF reported in 2009 that 15 percent of urban children and 
12 percent of rural children were married.

    Sexual Exploitation of Children.--The penal code stipulates 
penalties for those found guilty of certain forms of child abuse 
associated with trafficking crimes--namely kidnapping and forced 
prostitution--both of which carry a penalty of up to three years in 
prison. Rape of a child under the age of 15 is punishable by up to 21 
years in prison. Premarital sex is technically illegal, but observers 
reported that the law was not enforced. The law considers child 
pornography a trafficking crime, but there was no information available 
as to penalties provided or whether or not the law was enforced.

    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 an estimated 100 to 200 Jews living in 
the country. Jewish leaders reported no acts of physical violence or 
specific instances of anti-Semitism against, or harassment of, Jewish 
persons. The national school curriculum did not include materials on 
tolerance education or on the Holocaust.
    On an opposition Web site, writer Osama Al-Malouhi made an 
accusation of blood libel, stating that the Jewish people's tradition 
of using blood to make matzah bread explains their support for conflict 
under Syrian President Asad.

    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 seeks to integrate them into the 
public sector workforce, but the government did not effectively enforce 
these provisions. The law protects persons with disabilities from 
discrimination in education, access to health, or provision of other 
state services, and it reserves 4 percent of government jobs and 2 
percent of private jobs for persons with disabilities. Private 
businesses are eligible for tax exemptions after hiring persons with 
disabilities.
    The government did not effectively implement access for persons 
with disabilities to buildings, communication, or information.
    The Ministry of Social Affairs and Labor is responsible for 
assisting persons with disabilities and worked through dedicated 
charities and organizations to provide assistance, often to promote 
self-sufficiency through vocational training.

    National/Racial/Ethnic Minorities.--The government generally 
permitted national and ethnic minorities to conduct traditional, 
religious, and cultural activities, although the Kurdish population--
citizens and noncitizens--continued to face official and societal 
discrimination and repression. However, the government used less 
violence and arrested fewer Kurds than in previous years. Many 
activists and opposition groups claimed that the government's marked 
change in attitude toward the Kurds was an effort to manipulate 
sectarian tensions for propaganda purposes. Unlike in previous years, 
there were no reports of suspicious Kurdish conscript deaths in the 
military, nor did government forces perpetrate violence during Kurdish 
festivals such as the New Year (Nowruz) celebrations.
    Although the government contended there was no discrimination 
against the Kurdish population, it placed limits on the use and 
teaching of the Kurdish language. It also restricted the publication of 
books and other materials in Kurdish, Kurdish cultural expression, and 
at times the celebration of Kurdish festivals.
    Authorities continued enforcement of an old ruling requiring that 
at least 60 percent of the words on signs in shops and restaurants be 
in Arabic. Officials reportedly sent patrols into commercial districts 
to threaten shop owners with closure if they refused to change the 
names of their stores into Arabic. Minority groups--especially Kurds, 
whom the government appeared to target specifically--regarded the step 
as a further attempt to undermine their cultural identity.
    After the start of the March uprising, the government utilized its 
state-run television station to spread propaganda that the protesters 
were Sunni Islamists in an effort to scare minority groups into 
submission to the state.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--The law criminalizing 
homosexual conduct states that any sexual act ``contrary to nature'' is 
punishable by up to three years in prison. There were no reports of 
prosecutions under the law during the year; however, reports indicated 
that the government had arrested dozens of gay men and lesbians over 
the past several years on vague charges such as abusing social values; 
selling, buying, or consuming illegal drugs; and organizing and 
promoting ``obscene'' parties.
    Although there were no known domestic NGOs focused on lesbian, gay, 
bisexual, or transgender matters, there were several online networking 
communities, including Facebook pages. Human rights activists reported 
that there was overt societal discrimination based on sexual 
orientation and gender identity in all aspects of society.

    Other Societal Violence or Discrimination.--There were no reports 
of violence or discrimination against persons with HIV/AIDS. Human 
rights activists believed that the extent of the problem was widely 
underreported.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to freedom of association, to form and 
join unions, strike in all nonagricultural sectors, and to bargain 
collectively. However, the government placed severe restrictions on 
these rights, and workers could not establish unions that are 
independent of the government. Ba'ath Party doctrine stipulated that 
worker rights were protected through these quasi-official labor 
organizations. The labor code does not apply to workers covered under 
the Civil Service Law, under which employees neither have nor are 
deemed to need collective bargaining rights, nor does it apply to 
domestic servants, agricultural workers, NGO employees, or informal 
sector workers. All unions must belong to the General Federation of 
Trade Unions (GFTU), under Ba'ath Party domination. The GFTU controlled 
most aspects of union activity, including which sectors or industries 
can have unions. It also has the power to disband union governing 
bodies. Union elections were generally free of direct GFTU 
interference, but successful campaigns usually required membership in 
the Ba'ath Party. The GFTU president was a senior member of the Ba'ath 
Party, and he and his deputy could attend cabinet meetings on economic 
affairs.
    Threats of punishment and fines severely restricted the right to 
strike. The law prohibited strikes involving more than 20 workers in 
certain sectors, including transportation and telecommunication, or 
strike actions resembling public demonstrations. Penalties included 
fines and prison sentences, and the government could also impose forced 
labor as punishment to individuals who caused ``prejudice to the 
general production plan.'' As overt opposition to the government grew 
during the year, some professional organizations, including lawyers' 
syndicates in Damascus, Aleppo, and Daraa, conducted sit-ins protesting 
political and security actions. Government forces quickly disrupted 
these and arrested participants.
    Because of the GFTU's close ties to the government, the right to 
bargain collectively did not exist in practice. Government 
representatives were part of the bargaining process in the public 
sector, and the Ministry of Social Affairs and Labor could object to, 
and refuse to register, any concluded agreements.
    Public sector unions did not normally bargain collectively on wage 
issues, but union representatives participated with representatives of 
employers from the government-affiliated Chambers of Industry and 
Commerce and the supervising ministry in establishing minimum wages, 
hours, and conditions of employment in the private sector. Workers 
served on the boards of directors of public enterprises, and union 
representatives were included on the boards. There were no reports that 
any individual union, the GFTU, or any cooperatives exercised their 
right to collective bargaining during the year.
    The law provides for collective bargaining in the private sector, 
although past government repression dissuaded most workers from 
exercising this right. Unrest and economic decline during the year 
caused many workers to lose their private sector jobs, giving employers 
the stronger hand in disputes.
    There are no legal protections for self-employed workers, although 
they compose at least 55 percent of the total workforce.
    Foreign workers may join the syndicate representing their 
profession but may not run for elected positions, with the exception of 
Palestinians, who may serve as elected officials in unions.
    While there were no reports of antiunion discrimination, a 
mechanism to report this practice does not exist. Since unions and 
professional syndicates are part of the government's bureaucratic 
structure, the law protects union members from discrimination.
    The free trade zones were exempt from the laws and regulations 
governing hiring and firing.

    b. Prohibition of Forced or Compulsory Labor.--The law does not 
prohibit all forms of forced or compulsory labor, and such practices 
existed in the country. Employment agencies recruited thousands of 
women--primarily from Ethiopia, Indonesia, the Philippines, and 
Somalia--to work as domestic servants. Many employers subjected these 
women to excessive work hours, inadequate living quarters, restrictions 
on movement and communication, and emotional and physical abuse.
    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 provides for the protection of children from exploitation in 
the workplace. The minimum age for most types of nonagricultural labor 
is 15 years or the completion of elementary schooling, whichever is 
older, and the minimum age for employment in industries with heavy work 
is 17. Children under the age of 18 may work no more than six hours a 
day and may not work overtime or during night shifts, weekends, or on 
official holidays. In all cases parental permission is required for 
children younger than 16 to work. Restrictions on child labor do not 
apply to those who work in family businesses and do not receive a 
salary.
    The Labor Ministry reported that 500 children were involved in 
child labor, while UNICEF estimated the number to be 650,000. Iraqi 
refugee families--prohibited by law from working--relied on child labor 
in the service sector or on small farms as their main source of income.
    In August 2010, according to local media, the ministry announced 
new provisions to prevent child begging and solicitation. The 
provisions include fines ranging from 23,000 to 46,000 SYP ($414-$828), 
but monitoring and enforcement measures are unclear. The unrest during 
the year limited official attention to child labor and other 
nonsecurity issues.
    The Labor Ministry monitored employment conditions for persons 
younger than 18, but there were too few inspectors to ensure compliance 
with the laws. The Labor Inspection Department reportedly performed 
unannounced spot checks of employers daily to enforce the law, but the 
scope of these checks was unknown. Independent information and audits 
regarding government enforcement were not available.
    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 divides public sector 
monthly minimum wage into five levels based on job type and/or level of 
education varying between 9,765 and 14,760 SYP ($176-$266). Benefits 
included compensation for meals, uniforms, and transportation. 
Weakening of the currency during the year reduced the purchasing power 
of all salaries. Most public sector employees relied on the endemic 
system of bribery. Private sector companies usually paid much higher 
wages, with the lower end semiofficially set by the government and 
employer organizations. Many workers in the public and private sectors 
took additional manual jobs or their extended families supported them. 
The Labor Ministry is responsible for enforcing the minimum wage.
    The public sector workweek was 35 hours, and the private sector 
workweek was 40 hours, excluding meals and rest breaks. Hours of work 
could increase or decrease based on the industry and associated health 
hazards. The law guarantees at least one meal or rest break totaling no 
less than one hour per day. Employers must schedule hours of work and 
rest such that workers do not work more than five consecutive hours or 
10 hours per day in total. Employers must provide premium pay for 
overtime work.
    Only licensed employment agencies may recruit domestic workers from 
abroad, and they are responsible for providing safe working conditions 
for migrant domestic workers. The Labor Ministry is responsible for 
regulating these activities, although the scope of oversight was 
unknown. In large cities Asian domestic workers sometimes overstayed 
their visas and continued to work in the country for years. The unrest 
during the year stimulated a large-scale departure of foreign workers 
as demand for services declined.
    The labor code includes provisions mandating that employers take 
appropriate precautions to protect workers from hazards inherent to the 
nature of work. The Ministries of Health and Labor designated officials 
to inspect work sites for compliance with health and safety standards; 
however, such inspections were sporadic, apart from those conducted in 
hotels and other facilities that catered to foreigners. The enforcement 
of labor laws in rural areas was more relaxed than in urban areas, 
where there were more inspectors. Workers may lodge complaints about 
health and safety conditions with special committees established to 
adjudicate such cases. Workers have the right to remove themselves from 
hazardous conditions without risking loss of employment. However, the 
law does not cover migrant workers, rendering them more vulnerable to 
abuse.

                               __________

                                TUNISIA

                           EXECUTIVE SUMMARY
    Tunisia is a constitutional republic. After the revolution that 
deposed former President Zine El-Abidine Ben Ali's two-decade-long 
regime on January 14, interim Prime Minister Mohamed Ghannouchi first 
led an interim government, followed by Prime Minister Beji Caid 
Essebsi, who presided over the government and preparations for the 
country's October 23 Constituent Assembly elections. The country held 
free and fair elections on October 23 for the Constituent Assembly, 
which was mandated to draft a new constitution and appoint a new 
government. Civilian and military security forces reported to civilian 
authorities.
    Ben Ali's departure created an unprecedented opening for respect 
for human rights in the country. Previous restrictions on freedoms of 
the press, expression, assembly, and association under Ben Ali's 23-
year dictatorship largely ceased, and citizens enjoyed new liberties as 
they prepared for and participated in the country's first open, 
inclusive, and democratic election. Exiled political and human rights 
activists returned, imprisoned political prisoners were released, and 
civil society and human rights activists pursued their work without 
government disruption or intimidation.
    Women vastly increased their political participation, but they 
continued to face significant societal barriers to their economic 
participation. There were reports of security officials using excessive 
force in arresting protesters, and poor prison conditions persisted. 
There were also reports of security officials not following legally 
established arrest procedures and continued concern about judicial 
independence.
    At year's end the government was pursuing legal action against Ben 
Ali-era officials accused of committing human rights abuses, as well as 
those suspected of corruption, but this process had not been completed. 
Some individuals eluded prosecution by fleeing the country, including 
Ben Ali.
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 National Fact-Finding Commission to Investigate the Abuses 
During the Recent Period, established after Ben Ali's abdication and 
led by Taoufik Bourderbala, estimated that 350 people were killed 
between December 17, 2010 and January 14, 2011 by forces operating 
under Ben Ali's command. The U.N. estimated at least 300 civilians were 
killed during the unrest.
    During a July demonstration in Sidi Bouzid, 14-year-old Thabet 
Belkacem died when a bullet fired by security forces ricocheted and hit 
him in the stomach. The police had fired warning shots in response to 
Molotov cocktails thrown by the crowd. In early September security 
forces in Metlaoui intervened to break up clashes between tribal 
families. Police fired warning shots, one of which killed a 16-year-old 
girl.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. The government ratified the International Convention 
for the Protection of All Persons from Enforced Disappearance in June.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The government ratified the Optional Protocol to the 
Convention Against Torture and Other Cruel, Inhuman and Degrading 
Treatment or Punishment in June.
    Multiple international organizations received first-hand accounts 
of harsh physical treatment of individuals for participation in 
demonstrations. For example, Human Rights Watch (HRW) observers 
reported witnessing security officials using excessive force when 
arresting protesters at demonstrations in Tunis on multiple occasions, 
including during the March ``Kasbah II'' and the July ``Kasbah III'' 
sit-ins.
    The government granted access for a visit by the U.N. Special 
Rapporteur on Torture Juan Mendez (see section 5). Following his week-
long visit in May, during which Mendez met with the interim government, 
civil groups, and victims, Mendez confirmed that, while not widespread, 
in some instances authorities had used torture.
    In a break with previous years, actions by the judiciary indicated 
that government officials would be held accountable for torture. On 
November 29, a military tribunal sentenced former minister of interior 
Abdallah Kallal to four years in prison for his role in directing a 
violent crackdown in response to a 1990 coup attempt, which resulted in 
the subsequent torture of military officials.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions varied. HRW observed overcrowding at two prisons in 
February but predicted conditions would improve after an amnesty freed 
thousands of political prisoners detained during the Ben Ali era.
    Prisoner rebellions seriously damaged 14 prisons, leading to 
overcrowding in detention facilities that remained functional. In some 
cases prisoners died after setting fires in their cells. In one case in 
January, 42 prisoners in Monastir died in a prison, and in July two 
prisoners in Kasserine died of smoke inhalation. According to the 
Ministry of Justice, between January 15 and May 1, the total number of 
prisoners in the country dropped from an estimated 31,000 to 21,000.
    There was no information available on whether prisoners had access 
to potable water, whether there are prison ombudsmen, whether steps had 
been taken to improve recordkeeping or to use alternatives to 
incarceration for nonviolent offenders, whether the conditions for 
women prisoners were worse than those for men, whether prisoners were 
permitted religious observance, whether prisoners could submit 
complaints to judicial authorities without censorship, or whether 
authorities investigated credible allegations of inhumane conditions. 
There were reportedly 28 prisons for men and one prison for women, and 
approximately 21,000 prisoners, including 400 women, were incarcerated. 
According to officials, prisoners' personal space was inadequate at 
just three to four square meters of space per prisoner. After a 
February visit, HRW reported severe overcrowding and inadequate 
opportunities for physical activity in Mornaguia prison. Prisoners are 
allowed one family visit per week, three meals per day, one shower per 
week, the receipt of food and property from family three times per 
week, unlimited receipt of parcels and letters, and unlimited legal 
visits. Adult prisoners were reported to have access to educational and 
vocational training programs, although in practice only 10 percent had 
access.
    Following the January revolution, the government permitted access 
to prisons by independent, nongovernmental observers for the first 
time. Officials' February 2 decision to allow HRW to visit two prisons 
effectively ended a 20-year ban on human rights organizations' access 
to prisons. On May 14, HRW reported that the government was also 
allowing human rights organizations' representatives to visit death row 
inmates.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, although security forces did not always observe 
these provisions in practice. There were several instances of 
demonstrators and bystanders arbitrarily arrested and at times 
arbitrarily detained in March, April, and May.

    Role of the Police and Security Apparatus.--The Ministry of 
Interior has legal authority and responsibility over law enforcement, 
but the Ministry of Defense assumed an increased role in the country's 
internal security during the year at the request of the Executive 
Branch. The Interior Ministry controls the police, who have primary 
responsibility for law enforcement in the major cities; the National 
Guard (gendarmerie), which is responsible for border security and 
policing smaller cities and the countryside; the Directorate General 
for National Security; and firefighters.

    Arrest Procedures and Treatment While in Detention.--The law 
provides that police must have a warrant to arrest a suspect, unless 
the crime committed is a felony or is in progress. The penal code 
permits detention for as long as six days before arraignment, during 
which time the government may hold suspects incommunicado. Arresting 
officers must inform detainees of their rights, immediately inform 
detainees' families of the arrest, and make a complete record of the 
times and dates of such notifications. There were several reports that 
police sometimes ignored those rules.
    Detainees have the right to know the grounds of their arrest before 
questioning and may request a medical examination. Detainees do not 
have a right to legal representation during prearraignment detention. 
The law permits the release of accused persons on bail, and detainees 
have the right to representation by counsel during arraignment. By law 
the government provides legal representation for indigents, although it 
is unclear whether this was done in practice. At arraignment the 
examining magistrate may decide to release the accused or remand the 
prisoner to pretrial detention.
    The law requires that pretrial detainees be held separately from 
convicted prisoners, but the Justice Ministry reported that due to 
overcrowding, pretrial prisoners were held with convicted prisoners.
    In cases involving crimes for which the sentence may exceed five 
years or that involve national security, pretrial detention may last an 
initial period of six months and may be extended by court order for two 
additional four-month periods. For crimes in which the sentence may not 
exceed five years, the court may extend the initial six-month pretrial 
detention only by an additional three months. During this pretrial 
stage, the court conducts an investigation, hears arguments, and 
accepts evidence and motions from both parties. Reports of mistreatment 
during pretrial detention continued during the year, with multiple 
activists reporting harsh physical treatment of individuals for 
participation in demonstrations.
    The Emergency Law enacted during the revolution remained in effect 
throughout the year and police applied it when arresting demonstrators 
who were deemed to be organizing without a permit. U.N. Special 
Rapporteur on Torture Juan Mendez reported that an estimated 66 people, 
including 22 minors, were detained for 12 hours after protests in May 
without access to their lawyers or families and that they were forced 
to kneel and remain in uncomfortable positions for extended periods. 
Mendez also stated that he had seen evidence of people being kicked, 
beaten, and burned with cigarettes.

    Arbitrary Arrest.--There were several instances of demonstrators 
and bystanders arbitrarily arrested. While there were no statistics 
available on how many persons were arrested arbitrarily, there was 
anecdotal evidence that arbitrary arrests occurred in Tunis in March, 
April, and May.

    Pretrial Detention.--There were no updated statistics on the 
proportion of the prisoner population that remained in pretrial 
detention. According to 2010 estimates, approximately 50 percent of the 
prisoner and detainee population was in pretrial detention.

    Amnesty.--On January 20, then prime minister Mohamed Ghannouchi 
issued an amnesty for political prisoners. The amnesty applied to all 
those who were imprisoned or prosecuted for crimes as a result of their 
political or trade union activities, and approximately 800 political 
prisoners were released after the amnesty went into effect on February 
19. The International Association for the Support of Political 
Prisoners reported that the last of the political prisoners, including 
people charged and convicted under the previous regime's terrorism 
laws, were freed in early March. There were differing numbers on how 
many prisoners were granted amnesty during the year.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, historically the executive branch and 
the president strongly influenced judicial procedures, particularly in 
cases involving political dissidents and oppositionists. Many of the 
judges who had been appointed by Ben Ali retained their positions after 
his overthrow.

    Trial Procedures.--In civilian courts defendants have the right to 
a presumption of innocence, public trial, and a trial by jury, as well 
as the right to consult with an attorney or to have one provided at 
public expense, the right to confront witnesses against them and 
present witnesses and evidence, the ability to access government-held 
evidence, and the right to appeal.
    Military courts fall under the Ministry of Defense. Military 
tribunals have the authority to try cases involving military personnel 
and civilians accused of national security crimes. A defendant may 
appeal a military tribunal's verdict to the civilian Supreme Court. In 
prior years civilians accused of national security crimes have been 
sentenced in military tribunals. The government ratified the Rome 
Statute of the International Criminal Court in June.

    Political Prisoners and Detainees.--There were no reports of new 
political prisoners or detainees during the year. Following the 
promulgation of the General Amnesty Act for citizens involved in 
political cases, in February the government granted amnesty to 
approximately 500 political prisoners.

    Civil Judicial Procedures and Remedies.--Citizens are permitted to 
seek civil remedies for human rights violations. The military courts 
handled redress of alleged abuses by security forces during civil 
disturbances during the revolution. Cases brought before civilian 
courts did not move forward because officials, and sometimes civilian 
judges, refused to cooperate in the investigations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and in a departure 
from prior years, the government generally respected these prohibitions 
in practice.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Killings.--Police were deployed to disperse the protests during 
demonstrations that began in mid-December 2010 and continued into early 
2011. According to the U.N., at least 300 civilians were killed and 
approximately 700 injured during the unrest, which included individuals 
who died during prison riots. According to HRW, the majority of the 78 
demonstrators reported dead in January were killed by police fire. 
Investigations by the Fact Finding Commission on Abuses during the 
Recent Period revealed that approximately 350 people were killed 
between December 17, 2010, and January 14, 2011, by forces operating 
under Ben Ali's command.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Status of Freedom of Speech and 
Press.--After the constitution was suspended following the protests 
that overthrew Ben Ali, the government removed many of the speech and 
press restrictions that previously existed and abolished the powerful 
Ministry of Information, which had served as the former regime's main 
organ of censorship. Unlike in previous years, criticism of the 
government was frequently published in online and print media. Despite 
these changes, there were some reported incidents of authorities 
suppressing speech and press critical of the government or failing to 
protect the freedom of speech and press.

    Freedom of Speech.--While the legal restrictions on free speech 
were lifted, there were instances of government authorities failing to 
protect citizens' right to free speech. In June activists complained 
that authorities failed to respond expeditiously when protesters 
disrupted the screening of the secular-themed film, Ni Allah, Ni Maitre 
(Neither Allah, Nor Master), and harassed viewers.

    Freedom of Press.--In May authorities arrested Samir Feriani, who 
worked as a police officer in the Interior Ministry for 20 years, after 
he published two letters in the newspaper L'Expert accusing an unnamed 
ministry official of taking part in a crackdown on popular uprisings in 
Sidi Bouzid and Kasserine. Feriani also claimed that the records of the 
Palestine Liberation Organization, which was based in Tunis from 1982 
to 1994, were destroyed following Ben Ali's departure. A military 
tribunal acquitted Feriani on September 29 and released him 
conditionally, but at year's end he faced charges in civil court of 
defamation and causing public disorder in connection with his report.
    The government issued more than 30 licenses for new television 
channels. After years of requesting a license and having its Web site 
hacked and archives destroyed in 2008, independent radio station Radio 
Kalima received a license in June.

    Violence and Harassment.--There were several reports of security 
officials harassing or threatening journalists during street 
demonstrations or protests. On May 5, police assaulted at least 15 
journalists and chased them into the offices of the daily newspaper La 
Presse.

    Actions to Expand Press Freedom.--The government created two high 
commissions to review Ben Ali-era press codes that stipulated which 
topics press sources could cover and determined penalties for 
violators. In February the interim government established the 
Commission for Reform of the Media and Information, an independent 
commission for media reform. The commission consulted with the 
government and presented recommendations for a legal framework for 
radio and television licensing. It also proposed establishing a new 
public service broadcaster to disseminate information to the public and 
allow for informed public opinion.
    The new press code adopted in August abolished the criminalization 
of both the defamation of state institutions and of publishing 
offensive content about the president. The new law, however, 
criminalizes ``defaming recognized religions'' and ``distributing false 
information.'' The latter offense was invoked in May when police 
officer Samir Feriani was arrested and charged with distributing 
information ``likely to harm public order'' (see above).

    Internet Freedom.--Widespread use of and access to the Internet and 
social media sites was a major facilitating factor in sparking the 
December 2010-January 2011 protests. An estimated 18 percent of youth 
had a Facebook account, and since the fall of the former government, 
Internet sites were no longer blocked. The government took several 
steps during the year to end official Internet censorship. In May a 
case was brought to court requesting the Tunisian Internet Agency (ATI) 
to filter pornography. A high court overturned the lower court ruling 
requiring the ATI to filter pornography, ruling that there could be no 
censorship of Web sites, including those with pornographic content. At 
year's end the case was being appealed.
    Web sites that were previously blocked, such as Reporters without 
Borders and YouTube, were no longer censored. 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 engaged in the free expression of views via the Internet, 
including by e-mail.

    Academic Freedom and Cultural Events.--The new opening for freedom 
of speech also allowed for frequent demonstrations, and the government 
intervened in some demonstrations after they turned violent. In some of 
these cases authorities either did not respond or were slow to respond. 
Several demonstrations that turned violent or damaged personal property 
involved Salafist extremists. One example was the heated accusations 
against professors and students related to wearing short skirts and 
whether or not the government should allow students to wear the full-
face covering, niqab (veil), at academic institutions. At Manouba 
University in Tunis, for example, fundamentalists opposing the ban on 
the use of the niqab interrupted classes and intimidated teachers. 
Authorities initially did not intervene in an antiniqab ban sit-in but 
then forcibly removed the demonstrators after Manouba's dean requested 
protection for faculty and students. Cultural events deemed offensive 
by religious fundamentalists were attacked on several occasions.
    In June fundamentalists attacked a movie theater that was hosting 
the opening screening in the country of the independent secular-themed 
film Ni Allah, Ni Maitre. The fundamentalists broke the theater's 
windows and the film screening was canceled. Despite the theater's 
location two blocks from the Ministry of Interior, police were 
reportedly slow to respond to the attack, and organizers complained 
that police did not provide adequate protection despite their prior 
acknowledgement of the potential for protests of the film to become 
violent.
    On October 9, violent extremists (allegedly Salafists) attacked the 
offices of the private television station Nessma and the University of 
Sousse in protest of the October 7 broadcast of the French-Iranian 
animated film Persepolis that was followed by a debate on religious 
fundamentalism. Nessma TV co-owner Nebil Karaoui subsequently issued a 
public apology for airing the film. On October 14, unknown individuals 
attacked Karaoui's home and on October 16, authorities arrested five 
people in connection with the vandalism and attempted arson of his 
house, although they were detained only briefly and not charged. 
Karaoui and two employees were charged with ``undermining sacred 
values.'' The trial was postponed, and Karaoui faced criminal charges 
at year's end.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution, although technically suspended after Ben 
Ali's departure in January, allowed for the freedom of assembly. Since 
the revolution, there have been spontaneous demonstrations, protests, 
and strikes across the country. On January 14, the government enacted 
an Emergency Law requiring all gatherings of more than three people 
including rallies, demonstrations, and marches to apply for a permit at 
least three days in advance. At year's end there were no accounts of 
the government refusing permits. During the year there were several 
instances of security personnel having violent confrontations with 
protesters in which both civilians and police were injured or killed. 
In July police harassed and chased demonstrators in Tunis who were 
holding a sit-in calling for judicial reform because the event's 
organizers had not applied for the required permit.

    Freedom of Association.--Under Ben Ali, the law provided for 
freedom of assembly and association, but the former government severely 
restricted this right in practice. After Ben Ali's departure, the 
government did not restrict the registration or work of private 
organizations, political parties, or organizations of women, 
minorities, or professionals. In the lead-up to the October Constituent 
Assembly elections, 111 political parties were registered. The 
Independent Elections Committee refused to register some parties 
because they did not qualify for political party status under the 2011 
Electoral Law.
    A new draft law on associations was presented in August and 
promulgated on September 24. It eliminates the penal dispositions in 
the previous law as well as the prohibition on belonging to, or serving 
in, an unrecognized or dissolved association. The registration 
procedure has been eased, and it is more difficult for government 
entities to hinder or delay the registration process. Most importantly, 
the Interior Ministry can no longer abolish an association without 
passing the case through the courts.

    c. Freedom of Religion.--See the Department of State's 
International Religious Freedom Report at www.state.gov/j/drl/rls/irf/
rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the government generally respected these rights in 
practice. The government cooperated closely 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, displaced migrants, and other persons of concern. 
International relief organizations praised the government's 
humanitarian response to the influx of refugees, migrants, and 
displaced persons from Libya.

    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. During the year the government kept borders open during civil 
unrest in Libya, allowing more than a million Libyans and third-country 
nationals to seek temporary safe haven and access to basic services.

    Refugee Abuse.--There were two incidents in Camp Shousha, a refugee 
camp for third-country nationals approximately eight kilometers from 
the Tunisian-Libyan border, in which refugees and displaced migrants 
were killed. On May 22, camp residents set fire to part of the camp, 
killing four. On May 24, residents demonstrated against poor conditions 
in the camp. Later that day, residents from the nearby town of Ben 
Guerdane looted and set fire to the camp, resulting in three confirmed 
deaths. Authorities were reportedly slow to step in and restore order 
and security in the camps, and they continued to investigate the 
incidents at year's end. Some testimonials from camp residents and 
witnesses gathered by HRW in June state that the Tunisian military was 
complicit in the May attacks on the camp, but there was no additional 
information to corroborate this claim.

    Durable Solutions.--The government cooperated with the UNHRC in its 
efforts to identify durable solutions for third-country nationals who 
fled Libya and could not be repatriated to their countries of origin. 
These primarily included persons from Somalia, Eritrea, Sudan, and 
Iraq. The UNHRC has referred some of these persons for resettlement in 
other countries.

    Temporary Protection.--During the year the government also provided 
temporary protection to thousands of individuals who may not qualify as 
refugees, although they were fleeing the conflict in Libya. In addition 
to an estimated 100,000 Libyan refugees who registered with the UNHRC 
in Tunisia, the government allowed more than 660,000 Libyans to enter 
the country to seek short-term medical care and commercial 
opportunities. It also provided temporary protection to more than 
200,000 third-country nationals who had been working in Libya.
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 their right to do so in 
the country's first ever free and fair election. The interim government 
established an Independent Elections Commission as well as a new 
electoral code to elect the Constituent Assembly on October 23. The 
government ratified the Optional Protocol to the International Covenant 
on Civil and Political Rights in June.

    Elections and Political Participation.--Recent Elections.--
Elections for the newly established Constituent Assembly took place on 
October 23 and were judged by both international observer missions and 
the Tunisian League for Human Rights (LTDH) as free, fair, and 
transparent.

    Political Parties.--After the revolution, the historically dominant 
Constitutional Democratic Rally (RCD) party was dissolved and outlawed. 
More than 100 political parties registered to run in the Constituent 
Assembly elections. Those parties that did not receive accreditation 
were rejected due to incomplete applications or because their programs 
were found to be inconsistent with laws prohibiting discrimination and 
parties based on religion. There were no reports of government 
interference with the right to organize, stand for election, 
publicizing views, or campaigning. Political party youth wings were not 
restricted.

    Participation of Women and Minorities.--There are no laws that 
prevent women or minorities from voting or participating in political 
life on the same basis as men or nonminority citizens. In an effort to 
include more women in the electoral process, the government adopted a 
candidate gender parity law in April, requiring political parties to 
list an equal number of male and female candidates on electoral lists. 
The law also stipulates that male and female candidate names had to 
alternate in order to increase the opportunities for female candidates 
to be selected. Women constituted 26 percent of the elected 217-member 
Constituent Assembly. Three of 41 members of the new cabinet were 
women.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government made some effort to implement these laws effectively.
    During the year the investigation and prosecution of high-level and 
wide-scale corruption that occurred during the Ben-Ali regime emerged 
as the key legal issue facing the criminal justice system. A Fact-
Finding Commission on Cases of Embezzlement and Corruption, established 
in late January, led efforts to identify corrupt practices and conduct 
related investigations. The commission received an estimated 9,000 
complaints, investigated allegations of corruption, and referred 
credible cases the Ministry of Justice for prosecution. At year's end 
105 cases had been transferred for prosecution, including alleged 
financial, taxation, customs, land, and administrative crimes.
    During the year there was no applicable law providing for public 
access to government information. In December several Constituent 
Assembly members presented a letter calling for ``open governance'' 
legislation, which would allow public access to government documents 
and proceedings. At year's end the initiative was under review.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Operating space for domestic and international human rights groups 
improved dramatically during the year. After the revolution, a variety 
of domestic and international human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Acting government officials were 
increasingly cooperative and responsive to their views.
    On September 9, the LTDH held its first national congress in 11 
years after having been banned and repressed under the Ben Ali regime. 
Prime Minister Beji Caid Essebsi attended the conference, the first 
time a head of government attended an LTDH congress. During the year 
the government granted international NGOs HRW and Reporters without 
Borders permission to open offices in Tunis. These organizations were 
permitted to freely conduct in-country research and investigations into 
human rights issues, including prison visits.

    U.N. and Other International Bodies.--On July 13, then minister of 
foreign affairs Mouldi Kefi signed a host country agreement with the 
U.N. High Commissioner for Human Rights (UNHCHR), marking the opening 
in Tunis of the first UNHCHR field office in the Middle East and North 
Africa region. From May 22 to 26, U.N. Special Rapporteur on Human 
Rights and Counter-Terrorism Martin Scheinin visited the country to 
assess human rights improvements since the transition. In his report 
Scheinin applauded the dismantlement of the Directorate for State 
Security and commended the government's decision to ratify the 
International Convention on Disappearances, the Optional Protocols to 
the Convention against Torture, and the Covenant on Civil and Political 
Rights. From May 15 to 22, U.N. Special Rapporteur on Torture Juan 
Mendez conducted an assessment and reported that the government gave 
him broad access to interview former government officials and victims 
of alleged human rights abuses under the former regime.

    Government Human Rights Bodies.--Shortly after Ben Ali's 
abdication, then interim president Mbazza established the National 
Fact-Finding Commission to Investigate the Abuses During the Recent 
Period to investigate alleged cases of police abuse during protests 
before and after Ben Ali's departure. The government-run commission was 
supported by the Office of the Prime Minister, although a lack of human 
resources reportedly constrained its work. The commission made 56 
visits around the country to collect testimony from victims and 
witnesses and catalogued 2,054 violations during the year. The 
commission does not have prosecutorial power but gathers information 
for historical recordkeeping. Taoufik Bouderbala, a lawyer and a former 
president of the LTDH, is president of the commission, which is 
composed of 17 people, including nine women.
    According to Bouderbala's public statement on August 26 that, 
despite former security chiefs' denials of the existence of snipers, 
the commission's investigations corroborated allegations that some 
shots fired at demonstrators during the revolution came from snipers. 
He said that the commission had tried to summon (by correspondence) 
security officials to testify, but that the requests remained 
unanswered. Commission member Slaheddine Jourchi also said publicly on 
August 26 that strong solidarity between security officers had been the 
main obstacle in the commission's relationship with the Interior 
Ministry.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, or social status, and the government generally 
respected this provision in practice; however, women face significant 
barriers to their economic participation, and certain laws adversely 
affected women.

    Women.--Rape and Domestic Violence.--The penal code specifically 
prohibits rape, including spousal rape, and the government occasionally 
enforced this law. There were no reports of prosecution for spousal 
rape. Sexual assaults accompanied by acts of violence or threats with a 
weapon are punishable by death; for other cases of rape, the prescribed 
punishment is life imprisonment. Penalties were more severe when the 
victim was under age 20 (see Children). Social and cultural pressures 
often dissuaded sexual assaults from being reported.
    Laws against domestic violence provide penalties for assault 
committed by a spouse or family member that are double those for the 
same crimes committed by an unrelated individual, but enforcement was 
rare, and domestic violence remained a serious problem.

    Sexual Harassment.--Sexual harassment was a problem, although there 
were no data to measure its extent. Victims of sexual harassment are 
required to file a complaint in criminal court where the allegations 
are then investigated, though bureaucratic problems in securing 
convictions occurred. According to the criminal code, the penalty for 
sexual harassment is one year in prison and a 3,000 dinar ($2,000) 
fine. Civil society groups criticized the law on harassment as too 
vague and susceptible to abuse.

    Reproductive Rights.--There were no reports of government 
interference in the right of couples and individuals to decide freely 
and responsibly the number, spacing, and timing of their children and 
to have the information and means to do so free from discrimination, 
coercion, and violence. Women had free access to contraception. In 
collaboration with NGOs, the government maintained its policy of 
keeping the national birthrate low through public awareness campaigns. 
The government provided essential health care for women, including 
skilled attendance during childbirth and treatment for sexually 
transmitted infections, although some rural women did not have access 
to these services. Several registered domestic NGOs also care for HIV-
infected individuals.

    Discrimination.--Women faced discrimination under the law. Codified 
civil law is based on the Napoleonic code, although judges often used 
Sharia (Islamic law) as a basis for customary law in family and 
inheritance disputes. Most property acquired during marriage, including 
property acquired solely by the wife, was held in the name of the 
husband. Customary law based on Sharia prohibited women from marrying 
outside their religion. Application of Sharia inheritance law resulted 
in discrimination against women, although some families avoided the 
application of Sharia by executing sales contracts between parents and 
children to ensure that daughters received shares of property equal to 
those of sons. There was a double standard in Sharia inheritance law 
based on gender and religion: non-Muslim women and their Muslim 
husbands may not inherit from each other. The government considers all 
children from those marriages to be Muslim and forbids those children 
from inheriting from their mothers.
    Female citizens can transmit citizenship to their children 
regardless of the father's citizenship. On November 23, the government 
amended the national citizenship code granting women married to 
noncitizens the right to transmit their citizenship to their children 
without official consent from noncitizen fathers.
    The law explicitly requires equal pay for equal work and the 
government generally enforced it in practice, but the law also allows 
some female employees in the public sector to engage in part-time work 
and receive two-thirds of their original full-time salary. The 
government defended the law as allowing women to balance family and 
professional life, but some women's rights advocates believed treating 
women and men differently under the law was an infringement of women's 
rights. Societal and cultural barriers significantly reduced women's 
participation in the formal labor force, in particular in managerial 
positions. Women in the private sector earned on average two-thirds 
less than men.
    On August 16, the government adopted a draft decree to lift 
previous reservations to the Convention on the Elimination of All Forms 
of Discrimination against Women. A ``general declaration'' was 
maintained, although it was not certain that all aspects of the 
convention would be implemented if they were deemed to be in conflict 
with Islam.

    Children.--Birth registration.--Citizenship is derived by birth 
from one's parents, and births are registered immediately.

    Child Abuse.--No statistical information on child abuse was 
published during the year, and no other statistical information on 
child abuse was available.

    Child Marriage.--The minimum age for marriage for both sexes is 18.

    Sexual Exploitation of Children.--Anyone who has sexual relations 
with a girl under the age of 10 is subject to the death penalty. Anyone 
who has sexual intercourse with a girl under 15 years old is liable to 
six years' imprisonment. If the victim is over 15 years of age and 
under 20 years, the penalty is five years' imprisonment.

    International Child Abductions.--Tunisia is not party to the 1980 
Hague Convention on the Civil Aspects of International Child Abduction.

    Anti-Semitism.--An estimated 1,500 to 2,000 Jews live in Tunisia. A 
few anti-Semitic acts were reported throughout the year, to which 
authorities were generally responsive. In February a small crowd of 
about a dozen people gathered in front of Tunis's synagogue and chanted 
anti-Semitic slogans. A larger counterdemonstration promoting religious 
tolerance was held several days later. The leader of the Jewish 
community, Roger Bismuth, met with then prime minister Mohamed 
Ghannouchi to discuss the incident and anti-Semitism in the country. 
The Interior Ministry responded by condemning incitements to violence 
and explicitly referenced the synagogue protests. In December the 
government affirmed its policy that Jews were full citizens with equal 
rights.

    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 or mental disabilities and mandates that 
at least 1 percent of public and private sector jobs be reserved for 
persons who have disabilities; however, NGOs reported that this law was 
not widely enforced, and many employers were apparently unaware of its 
existence.
    There was some discrimination against persons with disabilities in 
employment, education, access to health care, and the provision of 
other state services.
    A 1991 law, which remained in effect after the revolution, requires 
all new public buildings to be accessible to persons with physical 
disabilities, and the government enforced the law. Persons with 
disabilities did not have access to most buildings built before 1991. 
The government issues cards to persons with disabilities for benefits 
such as unrestricted parking, priority medical services, preferential 
seating on public transportation, and consumer discounts. The 
government provides tax incentives to companies to encourage the hiring 
of persons with physical disabilities. The Ministry of Social Affairs 
is charged with protecting the rights of persons with disabilities.
    The Independent Elections Commission (IEC) took steps to 
accommodate voters with disabilities. The IEC's publicity campaign for 
voter registration, which ran from July 11 to August 14, targeted such 
voters; for example, television advertisements showed a woman using 
sign language to encourage deaf voters to register. Another 
advertisement featured a presentation in sign language by a young man 
discussing why voting is important for the country's future. Billboards 
promoting voter registration displayed a young man in a wheelchair 
extolling citizens to vote. During the October 23 Constituent Assembly 
elections, election observers noted infrastructure such as ramps at 
polling stations and polling staff accommodating disabled voters in 
accordance with electoral procedures.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Consensual same-sex sexual 
activity remained illegal under the penal code, which criminalizes it 
with sentences of up to three years in prison. There was anecdotal 
evidence that lesbian, gay, bisexual, and transgender (LGBT) 
individuals faced discrimination, including allegations that police 
officers sometimes harassed openly gay persons and accused them of 
being the source of HIV/AIDS. There were no known reports of persons 
arrested for consensual same-sex sexual activity; however, a local LGBT 
activist reported an uptick during the year in harassment of and 
assaults by unknown individuals on persons perceived to be LGBT, 
including multiple incidents in which individuals were followed to 
their homes and assaulted by people the victims described as Salafists. 
Human rights activists also alleged that government forces continued to 
assault individuals perceived as LGBT.

Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers with the right to organize, form and join 
unions, and strike, provided workers give 10 days' advance notice to 
their federations and receive approval. The Ministry of Interior issues 
unions permits to strike and hold demonstrations. The International 
Trade Union Confederation and the International Labor Organization 
characterized the requirement for strike notification as an impediment 
to freedom of association. The right to strike extended to civil 
servants, with the exception of workers in ``essential'' services, that 
is, those jobs ``whose interruption would endanger the lives, safety, 
or health of all or a section of the population.'' However, the 
government had not issued a decree stipulating which services were 
``essential.'' While the provision could potentially be misused, the 
Tunisian General Labor Union (UGTT) reported that during the year the 
right to strike was largely respected in public enterprises and 
services and that the provision of ``minimum service'' during strikes 
is subject to negotiations between unions and employers. The law 
prohibits antiunion discrimination by employers and retribution against 
strikers, and it protects the right to bargain collectively.
    The government generally respected and enforced the laws 
prohibiting retribution against strikers. Conciliation panels, in which 
labor and management were represented equally, settled labor disputes. 
Tripartite regional arbitration commissions settled industrial disputes 
when conciliation failed. Representatives of the Ministry of Social 
Affairs, the UGTT, and the Tunisian Association for Industry, Commerce, 
and Handicrafts (UTICA) constituted the commissions' membership.
    A committee chaired by an officer from the Labor Division of the 
Office of the Inspector General approved all worker dismissals. The 
committee was composed of representatives from the Ministry of Social 
Affairs, UGTT, and the company dismissing the worker. Workers have the 
right to reinstatement after dismissal for union activities. Following 
the ouster of Ben Ali, the UGTT and UTICA reached an agreement about 
the right to join a union and engage in union activities. The agreement 
provides that employers may not harass or arbitrarily dismiss any 
worker for joining a union and engaging in union activities.
    Two labor federations emerged during the year in addition to the 
UGTT, which had been the country's only recognized labor federation: 
the General Confederation of Tunisian Labor (CGTT) and the Union of 
Tunisian Labor (UTT). On February 1 and on May 1, the government 
recognized the CGTT and the UTT, respectively.
    Unions rarely sought advance approval in practice to conduct 
strikes. Wildcat strikes (those not authorized by union management) 
were commonplace throughout the year. The state of emergency did not 
inhibit or prevent labor unions in the public and private sectors from 
conducting strikes.
    On September 6, the prime minister ordered the dissolution of the 
Union of Internal Security Forces after its membership allegedly 
conspired to oust the commander of the National Guard, Army General 
Moncef Helali.
    After Ben Ali's departure, the UGTT, CGTT, and UTT were independent 
of the government and had the right to decide union leadership. They 
were not explicitly aligned with political parties, but prominent UGTT 
members played a role in the formation of the Tunisia Labor Party 
(PTT).
    The UGTT alleged antiunion practices among private sector 
employers, including firing union activists and using temporary workers 
to deter unionization. In certain industries, such as textiles, hotels, 
and construction, temporary workers accounted for a significant 
majority of the workforce. With the emergence of ``labor pluralism'' 
during the year, employers complained that negotiating bargaining 
agreements had become more complicated. UTICA, along with the 
government, continued to maintain an exclusive relationship with the 
UGTT in reaching collective bargaining agreements. Collective social 
negotiations were held only with the UGTT. The government tended to 
ignore CGTT and UTT demands that their representatives be included in 
tripartite negotiations. However, in the face of sporadic strikes, 
walkouts, and sit-ins staged by the CGTT and UTT, individual companies 
were compelled to reach settlements with these labor confederations. 
Although the labor code covers temporary workers, enforcement efforts 
were weaker than for permanent workers. Toward the end of the year 
there was an upsurge in strike activity on behalf of temporary workers.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and compulsory labor, and provides for penalties of up to 10 
years' imprisonment for capturing, detaining, or sequestering a person 
for forced labor. Some girls were subjected to domestic servitude 
within the country, although the government did not report 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 prohibits the employment of children younger than 16. Persons under 
18 are prohibited from working in jobs that present serious threats to 
their health, security, and morality. The minimum age for light work in 
the nonindustrial and agricultural sectors during nonschool hours was 
13. Workers between the ages of 14 and 18 must have 12 hours of rest 
per day, which must include the hours between 10 p.m. and 6 a.m. In 
nonagricultural sectors children between the ages of 14 and 16 may work 
no more than two hours per day. The total time that children spend at 
school and work may not exceed seven hours per day. The penal code 
prescribes 10 years' imprisonment for capturing, detaining, or 
sequestering a person for forced labor and up to two years' 
imprisonment for forced child begging.
    Labor inspectors from the Ministry of Social Affairs monitored 
compliance with the minimum age law by examining the records of 
employees. On occasion labor inspectors coordinated their spot checks 
with UGTT and Ministry of Education officials. Officials from the 
National Social Security Fund also conducted inspections of factories 
and industrial sites to ensure compliance. According to representatives 
of the National Committee on Child Labor, the Ministry of Social 
Affairs investigated 485 complaints of suspected child labor abuses 
during the year. Most pertained to young apprentices, age 15 and 
younger, who were supposed to receive vocational training but instead 
were doing manual labor. Authorities levied fines against 24 employers 
for violating the law.
    Young children sometimes performed agricultural work in rural areas 
and worked as vendors in towns, primarily during the summer school 
vacation. Child labor existed elsewhere in the informal sector, 
particularly in the handicraft industry, and children reportedly worked 
as mechanics in small shops or as street vendors of flowers, 
cigarettes, and other small items. Adolescent girls worked as domestic 
servants. A 2008 survey of 130 Tunis area domestic workers found that 
52 percent were younger than 16, which violates the law.
    Also see the Department of Labor's Findings of the Worst Forms of 
Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.

    d. Acceptable Conditions of Work.--The labor code provides for a 
range of administratively determined minimum wages. Effective June 17, 
the government raised the industrial minimum wage to 286 dinars 
(approximately $190) per month for a 48-hour workweek and to 246 dinars 
($164) per month for a 40-hour workweek. On June 9, the government 
increased the agricultural daily minimum wage from approximately eight 
dinars ($5.50) to nine dinars ($6). On May 28, former minister of 
social affairs Mohamed Ennaceur reported that 24.7 percent of the 
population lived on less than $2 per day. Under former president Ben 
Ali's regime, the poverty rate was calculated at $1 per day.
    The law sets a maximum standard 48-hour workweek for most sectors 
and requires one 24-hour rest period per week. For other sectors the 
workweek is 40 hours with 125 percent premium pay for overtime. The law 
prohibits excessive compulsory overtime. Depending on years of service, 
employees are statutorily awarded 18 to 23 days of paid vacation. 
Although there is no standard practice for reporting labor code 
violations, workers have the right to report violations to regional 
labor inspectors.
    Special government regulations control employment in hazardous 
occupations such as mining, petroleum engineering, and construction. 
Workers were free to remove themselves from dangerous situations 
without jeopardizing their employment, and they could take legal action 
against employers who retaliated against them for exercising this 
right. The Ministry of Social Affairs has responsibility for enforcing 
health and safety standards in the workplace. Under the law, all 
workers--including those in the informal sector--are afforded the same 
occupational safety and health protections. However, enforcement of 
these measures was inadequate. In addition to enforcing occupational 
safety and health regulations, regional labor inspectors enforced 
standards related to hourly wage regulations. The country's cadre of 
380 inspectors inspected most firms approximately once every two years. 
The government did not adequately enforce the minimum wage law, 
particularly in nonunionized sectors of the economy. The prohibition 
against excessive compulsory overtime was not always enforced.
    Working conditions and standards generally were better in export-
oriented firms, which were mostly foreign-owned, than in those firms 
producing exclusively for the domestic market. More than 500,000 
people, the vast majority of whom were women, worked in the informal 
sector, which labor laws did not cover and in which labor violations 
were more prevalent. A 2008 survey of 130 domestic workers in the 
greater Tunis region conducted by the University of Tunis, for example, 
found that the majority received salaries below the minimum wage, 99 
percent indicated that they lacked work contracts, 23 percent said they 
were victims of physical violence, and 11 percent claimed to be victims 
of sexual abuse. Temporary contract laborers complained throughout the 
year that they were not accorded the same protections as permanent 
employees. Among their complaints was abusive dismissal without cause.
    There were no major industrial accidents during the year. Credible 
data on workplace accidents, injuries, and fatalities were not 
available.

                               __________

                          UNITED ARAB EMIRATES

                           EXECUTIVE SUMMARY
    The United Arab Emirates (UAE) is a federation of seven semi-
autonomous emirates with a resident population of approximately 8.5 
million of whom an estimated 11.5 percent are citizens. The rulers of 
the seven emirates constitute the Federal Supreme Council, the 
country's highest legislative and executive body. The council selects a 
president and a vice president from its membership, and the president 
appoints the prime minister and cabinet. In 2009 the council selected 
Sheikh Khalifa bin Zayed Al-Nahyan, ruler of Abu Dhabi Emirate, to a 
second five-year term as president. The emirates are under patriarchal 
rule with political allegiance defined by loyalty to tribal leaders, to 
leaders of the individual emirates, and to leaders of the federation. 
There are limited democratically elected institutions and no political 
parties. A limited, appointed electorate participates in periodic 
elections for the Federal National Council (FNC). Citizens can express 
their concerns directly to their leaders through traditional, 
consultative mechanisms such as the open ``majlis'' (forum). The FNC, a 
nonlegislative, consultative body, consists of 40 representatives 
allocated proportionally to each emirate based on population. The 
appointed electorate elected 20 on September 24, 2011 and the rulers of 
the individual emirates appointed another 20 in mid-November. Security 
forces reported to civilian authorities.
    Three core human rights issues continue to be of concern: citizens' 
inability to change their government; limitations on citizens' civil 
liberties (including the freedoms of speech, press, assembly, and 
association); and lack of judicial independence. Although the 
government took steps to expand political participation, political 
parties are not permitted. The government continued to interfere with 
privacy and to restrict civil liberties, including usage of the 
Internet. Capacity and structural issues leave the judiciary 
susceptible to political influence.
    In contrast with 2010, there were no reports of torture during the 
year, and there were no reports that flogging was employed as 
judicially sanctioned punishment. There were, however, reports of 
police and prison guard brutality during the year. Arbitrary and 
incommunicado detention remained a problem. Although there were limited 
reports of corruption, the government lacked transparency. Domestic 
abuse of women remained a problem; however, police and social workers 
addressed the issue in close coordination, with the presence of social 
workers at police stations to communicate in private with victims of 
violence. Women and noncitizens faced legal and societal 
discrimination. Trafficking in persons continued, the government 
restricted the rights of foreign workers, and abuse of foreign domestic 
servants and other migrant workers remained a problem.
    The government took steps to prosecute and punish officials who 
committed abuses. Police who committed wrongdoing were held 
accountable.
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 known reports that government officials employed torture; however, 
there were reports of police and prison guard brutality during the 
year.
    In March Ajman police arrested a 14-year-old Arab girl on charges 
of adultery, subjected her to a virginity test, held her in solitary 
confinement, and later jailed her with adult women after receiving 
reports that she had met a 25-year-old man on her building's rooftop. 
No further information was available at year's end.
    In May domestic media reported that 13 police officers allegedly 
beat and tortured three Pakistani prisoners, killing one and severely 
injuring the others.
    Sharia (Islamic law) courts had the option of imposing flogging as 
punishment for adultery, prostitution, consensual premarital sex, 
pregnancy outside marriage, defamation of character, and drug or 
alcohol abuse. Caning in past years resulted in substantial bruising, 
welts, and open wounds on those flogged. There were no reports that 
punishments of this type were administered during the year.
    On September 12, upon payment of 3.4 million dirhams (approximately 
$925,000) in diya (blood money), the Sharjah Court of Appeal revoked 
the death sentences of 17 Indian nationals convicted of murder in March 
2010. In September 2010 local media reported the convicts claimed their 
confessions were obtained after a severe beating by police in Dubai. 
The government deported four of the former prisoners in November, but 
13 others remain in the Sharjah Central Jail due to a travel ban 
imposed because of other pending litigation against them.

    Prison and Detention Center Conditions.--Prison conditions varied 
widely among the emirates. There were reports of police and prison 
guards mistreating individuals, particularly at the Bur Dubai police 
precinct. On April 14, British and international media reported that a 
British tourist died in police custody after Dubai police severely beat 
him. A government investigation determined that he died of natural 
causes. There were reports that prisoners with HIV did not receive 
appropriate health care.
    The government has not released statistics on prison demographics 
and capacity since 2006. There was at least one report of a girl held 
with female adults during the year. Some prisons were overcrowded, 
particularly in Abu Dhabi and Dubai. Prisoners had access to visitors, 
but it was unclear if they were permitted religious observance. 
Prisoners had access to potable water. Prisoners have a right to submit 
complaints to judicial authorities; however, details about 
investigations into complaints were not publicly available. Ombudsmen 
cannot serve on behalf of prisoners and detainees. The government 
stated that it inspected and monitored prison and detention center 
conditions.
    Police in Dubai and Abu Dhabi stated that nongovernmental 
organizations (NGOs) and the International Committee of the Red Cross 
had access to observe prison conditions if requested. Charitable NGOs 
visited prisons during the year and were permitted to provide material 
support but were unable to determine the welfare of the prisoners. 
Members of the Emirates Human Rights Association (EHRA) met with 
federal Ministry of Interior officials and prisoners during visits to 
several detention facilities during the year.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, there were reports that the 
government held persons in official custody without charge or a 
preliminary judicial hearing. The Ministry of Interior detained foreign 
residents arbitrarily at times. The law permits indefinite, routine, 
and incommunicado detention without appeal. Under this procedure, the 
detainee may contact an attorney but is not permitted to see friends 
and family.
    In June local authorities refused for more than a month to confirm 
the detention of an American citizen being held by the State Security 
Department. From June 1, until his deportation on September 14, he was 
detained without charge and held incommunicado except for one consular 
visit.

    Role of the Police and Security Apparatus.--The Ministry of 
Interior oversees police general directorates in all of the seven 
emirates; each emirate, under its corresponding police general 
directorate, maintains its own police force and supervises police 
stations. All emirate police forces are officially branches of the 
ministry; in practice they operated with considerable autonomy. The 
police forces are responsible for internal security and the federal 
armed forces are responsible for external security. Local police are 
semiautonomous.
    The Ministry of Interior has broad authority to investigate abuses. 
Civilian authorities maintained effective control over the local police 
forces, and the government had effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving security forces during the year.
    On October 17, local press reported the prosecution of a 26-year-
old Dubai police officer charged with kidnapping and raping a Moroccan 
woman in the Dubai Criminal Court of First Instance. The trial 
continued at year's end.
    No information was available on the outcome of a August 2010 Dubai 
court case involving a British woman allegedly raped and beaten by an 
Emirati soldier.

    Arrest Procedures and Treatment While in Detention.--Police 
stations received complaints from the public, made arrests, and 
forwarded cases to the public prosecutor. The public prosecutor then 
transferred cases to the courts. The law prohibits arrest or search of 
citizens without probable cause; however, incidents occurred in 
practice. There were reports that security forces failed to obtain 
warrants in some cases. Police must report an arrest within 48 hours to 
the public prosecutor, who then must determine within 24 hours whether 
to charge, release, or further detain the suspect. In practice, the 
public prosecutor did not always meet the 24-hour time limit, although 
police usually adhered to their 48-hour deadline. Prosecutors are 
required to submit charges to a court within 14 days of the police 
report, at which point the detainee should be informed of the charges 
against him; it was unknown whether this was true in practice. Public 
prosecutors may order detainees held as long as 21 days without charge, 
or longer in some cases with a court order. Courts may not grant an 
extension of more than 30 days of detention without charge; however, 
judges may renew 30-day extensions indefinitely. Public prosecutors may 
hold suspects in terrorism-related cases without charge for six months. 
Once a suspect is charged with terrorism, the Supreme Court may extend 
the detention indefinitely.
    There is no formal system of bail; however, authorities can 
temporarily release detainees who deposit money, a passport, or an 
unsecured personal guarantee statement signed by a third party. 
Defendants in cases involving loss of life, including involuntary 
manslaughter, may be denied release in accordance with the law. Some 
prisoners, detained on charges related to a person's death, were 
released after making a monetary payment (diya).
    A defendant is entitled to an attorney after police have completed 
their investigation. Police sometimes questioned the accused for weeks 
without access to an attorney. The government may provide counsel, at 
its discretion, to indigent defendants charged with felonies that are 
punishable by imprisonment of 3 to 15 years. The law requires the 
government to provide counsel in cases in which indigent defendants 
face punishments of life imprisonment or the death penalty. Generally 
authorities granted family members prompt access to those arrested on 
charges unrelated to state security; however, some persons were held 
incommunicado.

    Arbitrary Arrest.--The government committed arbitrary arrests, 
notably in cases that allegedly violated state security regulations. On 
February 4, the State Security Department arrested Hasan Muhammed Al 
Hammadi, an active board member of the Teachers' Association, after he 
expressed support for demonstrators in Egypt during a mosque sermon in 
Sharjah. The government held him in incommunicado detention in 
Khorfakkan and later transferred him to Abu Dhabi. The government 
released him on February 17 after he turned over his passport to 
authorities. Arabic press reported that he may be charged under Article 
182 of Federal Law No. 3 of 1987 for using religion to incite sedition 
or acts threatening internal security, but no further information was 
available about his case at year's end. The government later dissolved 
the elected board of the Teachers' Association (see Section 5. 
Governmental Attitude Regarding International and Nongovernmental 
Investigation of Alleged Violations of Human Rights). Arbitrary arrest 
also occurred during the detention of Ahmed Mansoor, (see section 1.e., 
Political Prisoners and Detainees).

    Pretrial Detention.--According to reports, pretrial detention was 
in some cases arbitrarily lengthy (see section 1.e., Denial of Fair 
Public Trial).

    Amnesty.--While there were no known amnesties during the year, on 
religious and national holidays and after returning from long periods 
of convalescence overseas, rulers of each emirate regularly pardon and 
pay the debts of many prisoners. According to press reports, rulers 
pardoned at least 4,192 prisoners and paid their debts during the year.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, in practice court decisions remained 
subject to review by the political leadership and suffered from 
nepotism. There were reports that the State Security Department 
intervened in judicial affairs. The judiciary was composed largely of 
contracted foreign nationals subject to potential deportation, further 
compromising its independence from the government. There was no 
functional separation between the executive and judicial branches.
    By tradition the local rulers' offices, or ``diwans,'' maintained 
the practice of reviewing some criminal and civil offenses before they 
referred cases to prosecutors. They also reviewed sentences judges 
passed, returned cases to the court on appeal if they did not approve 
of the verdict, and approved the release of every prisoner who had 
completed a sentence. The diwans' involvement--usually in cases between 
two citizens or between a citizen and noncitizen--led to lengthy delays 
prior to and following the judicial process and lengthened the time 
defendants served in prison. The diwan's decision in any court case is 
considered final and, when a judge and diwan disagree, the diwan's 
decision prevails.

    Trial Procedures.--According to the law, defendants are presumed 
innocent until proven guilty. The constitution provides the right to a 
public trial, except in national security cases or cases the judge 
deems harmful to public morality. As in countries with civil law 
systems, there are no jury trials. Defendants have the right to be 
present at their trial and a limited right to legal counsel in court. 
While awaiting a decision on official charges at the police station or 
the prosecutor's office, a defendant is not entitled to legal counsel. 
In all cases involving a capital crime or possible life imprisonment, 
the defendant has a right to government-provided counsel. The 
government may also provide counsel, at its discretion, to indigent 
defendants charged with felonies punishable by imprisonment of three to 
15 years. The law provides prosecutors discretion to bar defense 
counsel from any investigation. Defendants and their attorneys can 
present witnesses and question witnesses against them, but this did not 
always happen in practice. Defense counsel has access to relevant 
government-held evidence. By law all court proceedings are conducted in 
Arabic. Despite the defendant's procedural right to a translator, in 
some cases involving deportation of illegal residents, the court 
provided translation only at sentencing. The defense counsel often used 
a translator to communicate with the defendant. In cases involving 
foreign defendants, especially for crimes of moral turpitude, 
authorities sometimes deported the defendants immediately based solely 
on allegations.
    Each court system has an appeals process. Death sentences may be 
appealed to the ruler of the emirate in which the offense is committed 
or to the president of the federation. In murder cases, consent of the 
victim's family is required to commute a death sentence. The government 
normally negotiated with victims' families for the defendant to offer 
diya in exchange for forgiveness and a commuted death sentence. In 
cases that end in acquittals, the prosecutor may appeal and provide new 
or additional evidence to a higher court. An appellate court must reach 
unanimous agreement to overturn an acquittal.
    The case of an American citizen charged with financial crimes 
valued in millions of dirhams continued at year's end, marking the 
fourth year of incarceration without a conviction for the accused. The 
courts and prosecutor's office continued to raise additional claims 
against the defendant that required new rulings from the judge. The 
courts granted bail to the Emirati codefendant but continued to deny 
bail for the American citizen despite two earlier rulings that approved 
the bail requests. These practices have kept the accused incarcerated 
since 2008 without conviction while Emirati defendants in similar cases 
were allowed to defend their cases outside incarceration in bail 
status. The case remains ongoing. Foreigners charged with financial 
crimes are, in some cases, permitted to defend their cases under bail 
status at the judge's discretion.

    Political Prisoners and Detainees.--During the year there were 
persons reportedly held incommunicado and without charge for unknown 
reasons (see section 1.d., Arbitrary Arrest or Detention).
    In April security forces arrested Ahmed Mansoor, Nasser Bin Ghaith, 
Fahad Dalk Al-Shihhi, Hassan Ali Al Khamis, and Ahmed Abdulhaleq Ahmed 
for publicly insulting the country's rulers through postings on an 
online discussion forum. Several of the men had earlier signed a public 
petition to President Sheikh Khalifa calling for universal suffrage in 
the FNC elections and requesting full legislative authority for the 
FNC. The government also charged Mansoor with perpetrating acts that 
endanger state security and undermine the public order. In the group 
trial, the three-judge panel of the Federal Supreme Court consisted of 
noncitizen judges from Egypt and Syria who, according to defense 
attorneys, did not appear at times to understand the Emirati Arabic 
dialect. There were reports that the prosecution did not specify the 
explicit acts of defamation that were used against the defendants, and 
that the government did not provide an opportunity to the defense to 
cross-examine some prosecution witnesses. Government officials 
reportedly reviewed all written communication between the defendants 
and their attorneys and monitored all conversations during jail visits. 
On November 27, the court sentenced Mansoor to three years in prison 
and his co-defendants to two years. The government pardoned all five on 
November 28.

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

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits entry into a home without 
the owner's permission, except when police present a warrant in 
accordance with the law, but there were credible reports that security 
forces occasionally failed to obtain warrants. Officers' actions in 
searching premises were subject to review by the Ministry of Interior, 
and officers were liable to disciplinary action if their actions were 
judged irresponsible.
    The constitution provides for freedom and confidentiality of 
correspondence by mail, telegram, and all other means of communication. 
However, there were reports that the government censored some incoming 
international mail, tapped telephones, and monitored outgoing mail and 
electronic forms of communication without legal process.
    Local interpretation of Sharia prohibits Muslim women from marrying 
non-Muslims and Muslim men from marrying women not ``of the book,'' 
meaning adherents of religions other than Islam, Christianity, and 
Judaism.
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 law prohibits criticism of rulers and speech that 
may create or encourage social unrest, and the government restricted 
the freedom of speech and press in practice.

    Freedom of Speech.--After the onset of the Arab Spring, authorities 
severely restricted public criticism of the government and ministers. 
The government made several arrests reportedly related to a petition 
for democratic reforms (see section 1.d., Arbitrary Arrests and section 
1.e., Political Prisoners and Detainees).
    In January 2010 authorities dismissed a government employee and 
advisor to the Ras al Khaimah crown prince after the employee 
criticized the lack of press freedom in the country. Authorities 
confiscated the individual's passport in 2010 and did not return it.

    Freedom of Press.--The government owned several of the country's 
newspapers and heavily influenced the privately owned media, 
particularly through government subsidies. Except for media located in 
Dubai and Abu Dhabi's special free trade zones and foreign language 
media targeted to foreign residents, most television and radio stations 
were government-owned and conformed to unpublished government reporting 
guidelines. Satellite-receiving dishes were widespread and provided 
access to international broadcasts without local censorship.

    Censorship or Content Restrictions.--By law the National Media 
Council (NMC), appointed by the president, licenses and censors all 
publications, including private association publications. The law 
authorizes censorship of domestic and foreign publications to remove 
criticism of the government, ruling families, or friendly governments; 
statements that ``threaten social stability"; and material considered 
pornographic, excessively violent, derogatory to Islam, or supportive 
of certain Israeli government positions. In April authorities removed 
an unflattering feature on Dubai from newsstand copies of the 
international magazine Vanity Fair. According to the NMC and Dubai 
police officials, journalists were not given specific publishing 
instructions; however, government officials reportedly warned 
journalists when they published material deemed politically or 
culturally sensitive. Journalists practiced extensive self-censorship 
regarding the issues they chose to cover for fear of government 
retribution, particularly since most journalists were foreign nationals 
and could be deported. Some books perceived as critical of the 
government were not available for sale in the country.

    Libel Laws/National Security.--The government used libel laws to 
suppress criticism of its leaders and institutions. No journalists have 
received prison sentences for defamation since 2007. Other punishments 
for violations of libel laws remained in force, including suspension of 
publishing for a specified period of time and penalties of five million 
dirhams (approximately $1.4 million) for disparaging senior officials 
or royal family members and 500,000 dirhams (approximately $140,000) 
for misleading the public and harming the country's reputation, foreign 
relations, or economy.
    On May 30, the Dubai Court of Misdemeanors acquitted British 
journalist Mark Townsend in the August 2010 case in which he had been 
charged with defamation for allegedly criticizing his employer, Khaleej 
Times.

    Internet Freedom.--The government restricted access to some Web 
sites and monitored chat rooms, instant messaging services, and blogs. 
Self-censorship was apparent in many chat rooms and blogs, and local 
media reported that the Ministry of Interior monitored Internet use in 
cybercafes. In August Dubai police announced that individuals could be 
imprisoned for forwarding or spreading information that insulted the 
country's reputation or that were viewed as being capable of inciting 
violence through instant messaging services or social media.
    The country's only two service providers used a proxy server to 
block material deemed inconsistent with the country's values, as 
defined by the Ministry of Interior. Blocked material included 
pornographic and other sites deemed indecent; dating and matrimonial 
sites; gay and lesbian sites; sites concerning the Bahai faith; some 
sites originating in Israel; and sites explaining how to circumvent the 
proxy servers. The proxy servers occasionally blocked broad categories 
of sites. The service providers populated their list of blocked sites 
primarily from lists purchased from private companies, although 
individuals could also report offensive sites to be blocked. Social and 
politically oriented Web sites remained either blocked or modified 
during the year. International media sites accessed using UAE internet 
providers contained filtered content. The government also blocked some 
sites that contained content critical of ruling families. The NMC was 
responsible for creating lists of blocked sites. Service providers do 
not have the authority to remove Web sites from block lists without 
government approval. In February Facebook pages related to organizing 
antigovernment protests were blocked. The government also blocked Voice 
Over IP Web sites like Skype.
    The law explicitly criminalizes the use of the Internet to commit a 
wide variety of offenses and provides fines and prison terms for 
Internet users who violate political, social, and religious norms. The 
law also criminalizes acts commonly associated with ``cybercrimes,'' 
such as hacking, ``phishing,'' and other forms of financial fraud. The 
law provides penalties for using the Internet to oppose Islam, 
proselytize Muslims to join other religions, ``abuse'' a holy shrine or 
ritual of any religion, insult any religion, incite someone to commit 
sin, or contravene ``family values'' by publishing news or photos 
pertaining to a person's private life or family.
    During the year the government prosecuted online activist Ahmed 
Mansoor and others for their online activities (see section 1.e., 
Political Prisoners and Detainees).
    In August a British national was fined 3,000 dirhams (approximately 
$800) for insulting her coworker and the holy Islamic month of Ramadan 
on her personal Facebook page.

    Academic Freedom and Cultural Events.--The government restricted 
academic freedom and censored academic materials for schools. Official 
permission was required for conferences that discussed political 
issues, and organizations found it difficult to secure meeting space 
for public events that dealt with contentious issues.
    Cultural institutions typically avoided showcasing artwork that 
critiqued the ruling regime or religion. In April Sharjah officials 
fired the American director of the Sharjah Biennial art fair after 
certain art pieces were deemed to be critical of Islam.
    In November the International Bar Association held its annual 
global meeting in Dubai. A few participants reported that authorities 
almost cancelled the conference, only allowing it to proceed after 
organizers removed certain programs from the conference agenda, such as 
a panel on women and Islam.

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

    Freedom of Assembly.--The law requires a government-issued permit 
for organized public gatherings. During the year authorities dispersed 
impromptu, unpermitted gatherings or protests, at times arresting 
participants. While there is no uniform standard for the number of 
people that can gather, civil society representatives reported that 
groups of four or more could be asked to disperse without a permit. In 
practice the government did not interfere routinely with informal, 
nonpolitical gatherings held without a government permit in public 
places unless there were complaints. The government generally permitted 
political gatherings that were aligned with the government's policies.

    Freedom of Association.--Political organizations, political 
parties, and trade unions are illegal. All associations and NGOs were 
required to register with the Ministry of Social Affairs, and many 
received government subsidies. Registration rules require that all 
voting organizational members, as well as boards of directors, must be 
Emirati citizens; this excludes almost 89 percent of the population 
from fully participating in such organizations. Approximately 140 
domestic NGOs--mostly citizens' associations for economic, religious, 
social, cultural, athletic, and other purposes--were registered with 
the ministry. More than 30 unregistered local NGOs that focused on 
nonpolitical topics operated with little to no government interference. 
Associations must follow the government's censorship guidelines and 
receive prior government approval before publishing any material.
    During the year the government dissolved the boards of directors of 
two professional organizations (see section 5, Governmental Attitude 
Regarding International and Nongovernmental Investigation of Alleged 
Violations of Human Rights).

    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, emigration, and repatriation, and the 
government generally respected these rights in practice; however, the 
government imposed legal restrictions on foreign travel. The government 
cooperated with the Office of the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations on a humanitarian basis, 
but it did not grant refugee status or asylum. The lack of passports or 
other identity documents restricted the movement of stateless persons, 
both within the country and internationally.

    Foreign Travel.--Male citizens involved in legal disputes under 
adjudication were generally not permitted to travel outside the UAE. 
Custom dictates that a husband can prevent his wife, minor children, 
and adult unmarried daughters from leaving the country by taking 
custody of their passports.

    Citizenship.--The government may revoke naturalized citizens' 
passports and citizenship status for criminal or politically 
provocative actions. On December 4, government authorities revoked the 
citizenship of six members of the organization Dawat Al-Islah, some of 
whom had signed a petition earlier in the year calling for an elected 
parliament with executive powers.

    Protection of Refugees.--Access to Asylum.--The country's laws do 
not provide for the granting of asylum or refugee status nor is there a 
system for providing protection to refugees. In practice the government 
did not provide protection against the expulsion or return of refugees 
to countries where their lives or freedom would be threatened on 
account of their race, religion, nationality, membership in a 
particular social group, or political opinion.

    Refugee Abuse.--The government continued to detain some persons 
seeking refugee status, particularly Palestinians and non-Arabs, while 
they awaited resettlement in third countries.

    Access to Employment and Basic Services.--As access to employment, 
education, and other public services is based on an individual's status 
as a legal resident, refugees were not eligible for such benefits.

    Stateless Persons.--Estimates suggested that an unverified range of 
20,000 to 100,000 persons without any citizenship or proof of 
citizenship (known as ``Bidoon") resided in the country. Most Bidoon 
lacked citizenship because they did not have the preferred tribal 
affiliation used to determine citizenship when the country was 
established. Others had entered the country legally or illegally in 
search of employment. Citizenship is derived generally from one's 
parents; thus, Bidoon children born within the country's territory 
remained stateless. Children of female citizens married to noncitizens 
do not acquire citizenship automatically at birth, but their mothers 
can obtain citizenship for the children after submitting an 
application, which the government generally accepts. However, on 
November 30, in the context of celebrating the UAE's 40th National Day, 
President Khalifa announced that children of Emirati mothers married to 
foreigners would have the right to apply for Emirati citizenship. A 
foreign woman may receive citizenship through marriage to a citizen 
after 10 years of marriage, and anyone may receive a passport by 
presidential fiat.
    The government has a naturalization process, and individuals can 
apply for citizenship; however, there were no reports of stateless 
persons receiving citizenship during the year. There were reports of 
stateless persons being forced to accept third-country citizenship as a 
means to gain a passport.
    The Bidoon reportedly faced harassment by governing officials and 
were vulnerable because of their lack of legal status. They faced 
discrimination in employment and had restricted access to medical care 
and education. Without passports or other identity documents, their 
movement was restricted, both within the country and internationally.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens the right to peacefully change 
their government. Federal executive and legislative power is in the 
hands of the Federal Supreme Council, a body composed of the hereditary 
rulers of the seven emirates. It selects from its members the country's 
president and vice president. Decisions at the federal level generally 
represented consensus among the rulers, their families, and other 
leading families. The ruling families, in consultation with other 
prominent tribal figures, also choose new emirate rulers.

    Elections and Political Participation.--Recent Elections.--While 
there were no democratic general elections, on September 24, a 130,000-
member appointed electorate elected 20 members of the FNC, a 40-member 
consultative body with no legislative authority. Seats in the FNC were 
apportioned to each emirate based on population size. Each emirate 
appoints a portion of the other 20 FNC members. Authorities expanded 
the electorate from the 2006 election, in which they appointed only 
6,689 Emiratis. The electorate appointment process lacked transparency. 
Approximately 28 percent of eligible voters participated, electing one 
woman among the 20 FNC members. There were more than 460 candidates, 
some of whom publicly lobbied for greater legislative authority without 
retaliation from the government.

    Political Parties.--Citizens did not have the right to form 
political parties.

    Participation of Women and Minorities.--Although some traditional 
practices discouraged women from engaging in political participation, 
the government prioritized women's participation in the September FNC 
elections and in other areas. Women constituted 46 percent of the 
electoral pool, appointed by the emirates' rulers, and 18 percent of 
FNC candidates. There were four women in the cabinet; seven women, one 
of whom was elected, served in the FNC; and several women served as 
public prosecutors or judges. In Sharjah six women served on the 40-
seat Consultative Council, reportedly one of the most active local 
consultative bodies on women's issues, and women also served as 
directors of local departments. A few women held nonfederal senior 
government positions in the other emirates.
    Except in the judiciary, religious and racial minorities, including 
Shia, did not serve in senior federal positions. Many judges were 
contracted foreign nationals.
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption, and 
the government generally implemented the law effectively. Government 
corruption reportedly occurred at the administrative level. According 
to some reports, individuals connected to the ruling families went 
unpunished for corruption due to the lack of an independent judiciary. 
Nepotism and corrupt financial and legal practices existed. There were 
no financial disclosure laws for public officials. The Ministries of 
Interior and Justice and the State Audit Institution were responsible 
for combating government corruption.
    On January 31, local press reported the prosecution of the Abu 
Dhabi Electricity and Water Authority's (ADWEA) Insurance Section head, 
along with four other officials, by the Abu Dhabi Criminal Court, for 
accepting bribes worth 297 million dirhams (approximately $82 million). 
On November 15, local press reported that the Abu Dhabi Criminal Court 
of First Instance sentenced the former ADWEA insurance head to three 
years' imprisonment and reparations of the 297 million dirhams along 
with a fine of an additional 297 million dirhams (totaling 
approximately $164 million). The court sentenced three officials to six 
months' imprisonment and one official to three months' imprisonment. 
All four were ordered deported as they are noncitizens.
    The law provides for public access to government information, but 
the government followed this provision selectively. Requests for access 
usually went unanswered.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The government generally did not permit organizations to focus on 
political issues. Two recognized local human rights organizations 
existed at the beginning of the year: the quasi-independent EHRA, which 
focused on human rights issues and complaints such as labor rights, 
stateless persons' rights, and prisoners' well-being and humane 
treatment; and the government-subsidized Jurists' Association Human 
Rights Committee, which focused on human rights education and conducted 
seminars and symposia subject to government approval. Although a 
government prosecutor headed the EHRA, it generally operated without 
government interference, apart from the requirements that apply to all 
associations in the country.
    During the Arab Spring, after representatives from the Jurists' 
Association and the Teachers' Association signed an online petition 
calling for greater political reforms, the Ministry of Social Affairs 
dissolved the boards of directors of both organizations and 
reconstituted them with state appointees, stating that both groups had 
violated laws forbidding organizational interference in politics or 
matters of state security. The government directed and subsidized 
participation by NGO members in events outside the country. All 
participants must obtain government permission before attending such 
events, even if they are not speakers, and the government could 
restrict representatives of NGOs from traveling to conferences abroad.
    The government did not allow international human rights NGOs to be 
based in the country but allowed representatives to visit on a limited 
basis. There were no transparent standards governing visits from 
international NGO representatives.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equality for citizens without regard 
to race or social status, and the law prohibits discrimination based on 
disability; however, legal and cultural discrimination existed and went 
unpunished. The constitution does not prohibit discrimination based on 
gender or language, nor does it provide for equality for noncitizens.

    Women.--Rape and Domestic Violence.--The law criminalizes rape and 
it is punishable by death under the penal code. The penal code does not 
address spousal rape. The penal code allows men to use physical means, 
including violence, at their discretion against female and minor family 
members. Domestic abuse cases may be filed as assault without intent to 
kill, punishable by 10 years in prison if death results, seven years 
for permanent disability, and one year for temporary injury.
    In general the government did not enforce such laws effectively. 
Although domestic abuse against women, including spousal abuse, 
remained a problem, and there were widespread and frequent reports that 
employers raped or sexually assaulted foreign domestic workers, such 
cases rarely made it to court. Furthermore, in Sharia courts the 
extremely high burden of proof for a rape case contributed to a low 
conviction rate. In addition, female victims of rape or sexual crimes 
faced the possibility of prosecution instead of assistance from 
government authorities. Victims of domestic abuse may file complaints 
with police units stationed in major public hospitals. Social workers 
and counselors, usually female, also maintained offices in public 
hospitals and police stations. However, women often were reluctant to 
file formal charges of abuse for social, cultural, and economic 
reasons. Only Dubai had a domestic abuse center.

    Sexual Harassment.--The government can prosecute harassment via the 
penal code prohibition for the following: ``disgracing or dishonoring'' 
a person in public, punishable by a minimum of one year in prison and 
up to 15 years if the victim is under the age of 14 years; ``infamous'' 
acts against the rules of decency, which carry a penalty of six months 
in prison; or ``dishonoring a woman by word or deed on a public 
roadway,'' which could result in up to one year in prison and a 10,000 
dirham (approximately $2,725) fine. The government did not enforce the 
law effectively.

    Reproductive Rights.--Married couples 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. Fornication outside of marriage 
is a crime. There was no information on whether men and women were 
treated and diagnosed equally for sexually transmitted infections, 
including HIV.

    Discrimination.--Women faced legal and economic discrimination. The 
government's interpretation of Sharia applied in personal status cases 
and family law. The law forbade Muslim women to marry non-Muslims. 
Unlike men, female citizens married to noncitizens did not 
automatically pass citizenship to their children; however, this changed 
slightly on the UAE's 40th National Day (see section 2.d, Stateless 
Persons). The law permits a man to have as many as four wives. Women 
normally inherited less than men under the government's interpretation 
of Sharia. For example, a son may inherit double what a daughter 
inherits when their parent dies.
    In order for a woman to obtain a divorce with a financial 
settlement, she must prove that her husband has inflicted physical or 
moral harm upon her, has abandoned her for at least three months, or 
has not maintained her upkeep or that of their children. Alternatively, 
women may divorce by paying compensation or surrendering their dowry to 
their husbands. Sharia law no longer applies to child custody cases. In 
August 2010 the Federal Supreme Court adopted the ``best interests of 
the child'' standard to determine which parent should receive custody, 
regardless of Sharia law's prescription based on the child's age.
    Fornication outside of marriage is a crime, and the government may 
imprison and deport noncitizen women if they bear children out of 
wedlock. Paternity denial was an emerging phenomenon in the courts. In 
several instances, despite DNA tests proving paternity, the courts 
could not force a man to accept paternal responsibility. In the absence 
of an acknowledged father, the mothers of these children faced 
potential legal charges of adultery, for which the punishment can be 
lashing. However, there were no reports of such lashings during the 
year.
    No law prohibits women from working or owning businesses, and a man 
has no right under the government's interpretation of Sharia to ban his 
wife from working if she was employed at the time of their marriage; 
however, anecdotal reports suggest that some husbands did so. Women who 
worked in the private sector regularly did not receive equal benefits 
and reportedly faced discrimination in promotions and equal wages. 
While foreign men working in the country could obtain residency permits 
for their families for three years, foreign women could obtain permits 
only for a renewable one-year period.
    Women constituted more than 75 percent of university students. 
Federal law prohibits co-education in public schools and universities 
except in the United Arab Emirate University's Executive MBA program, 
and certain graduate programs at Zayed University. Several private 
schools, private universities, and institutions were co-educational.

    Children.--Birth Registration.--Citizenship is derived generally 
from one's parents. The government registered births of stateless 
persons (Bidoon), but it did not automatically grant citizenship to 
them (see section 2.d., Stateless Persons).

    Education.--Education is compulsory through the ninth grade; 
however, compulsory education was not enforced, and some children did 
not attend school, especially children of noncitizens. Noncitizen 
children could enroll in public schools only if they scored more than 
90 percent on entrance examinations, which were given only in Arabic. 
The government provided primary education free to citizens but not to 
noncitizens. Public schools were not coeducational after kindergarten. 
Girls and women generally continued to higher levels of education than 
their male peers.

    Child Abuse.--The law prohibits child abuse. It was reportedly not 
prevalent, but there was some evidence that societal influences 
prevented cases from being reported. The government provides some 
shelter and help for child victims of abuse or sexual exploitation. In 
April the government hosted a three-day meeting of the Virtual Global 
Task Force, composed of law enforcement agencies from around the world 
cooperating to protect children from online child abuse and sexual 
exploitation. Newspapers frequently advertised the Ministry of 
Interior's child abuse reporting hotline. In July Minister of Interior 
Sheikh Saif Bin Zayed Al Nahyan announced the establishment of the 
Center for Child Protection within the ministry to develop policies and 
strategic plans for family and child protection. At year's end, the 
Dubai Foundation for Women and Children was working on the first 
nationwide comprehensive study of child abuse.

    Harmful Traditional Practices.--The law does not address female 
genital mutilation (FGM), which some Somali, Omani, and Sudanese 
foreign residents practiced although the practice is rare in the UAE. 
The Ministry of Health prohibits hospitals and clinics from performing 
FGM.

    Sexual Exploitation of Children.--The law criminalizes the sexual 
exploitation of children, with a minimum penalty of 10 years in prison. 
Consensual sex is illegal outside of marriage, carrying a minimum 
penalty of one year in prison. The penalty for sex with children under 
the age of 14 is life imprisonment. Distribution and consumption of 
child pornography is illegal (see section 6, Child Abuse).

    International Child Abductions.--The country is not a party to the 
1980 Hague Convention on the Civil Aspects of International Child 
Abduction. For information on international parental child abduction, 
please see the Department of State's annual report on compliance at 
http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html, as well as country-specific information at 
http://travel.state.gov/abduction/country/country--3781.html.

    Anti-Semitism.--There were no synagogues for the small foreign 
Jewish population in residence. Some news articles and editorials 
contained anti-Semitic remarks. These expressions occurred primarily in 
daily newspapers without government response.

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

    Persons With Disabilities.--The law prohibits discrimination 
against persons who have physical and mental disabilities; however, the 
government was slow to implement and enforce the law.
    Most public buildings provided some form of access for persons with 
disabilities in accordance with the law.
    Health care provided in the Ministry of Social Affairs' five 
federal rehabilitation centers, as well as those in private centers, 
reportedly was inadequate; the rehabilitation centers lacked qualified 
individuals who specialized in physical and other medical therapies. 
Rehabilitation centers focused almost exclusively on medical 
rehabilitation for people with disabilities and failed to address the 
need for vocational rehabilitation. Rehabilitation centers considered 
individuals with disabilities as subjects of medical care and medical 
``cures,'' which impeded social and economic integration and the 
recognition of the individuals' human rights and human dignity.
    Various departments within the Ministries of Labor, Education, and 
Social Affairs were responsible for protecting the rights of persons 
with disabilities, and the government effectively enforced these rights 
in areas related to employment, housing and other entitlement programs. 
The emirate of Abu Dhabi reserved 2 percent of government jobs for 
citizens with disabilities, and other emirates and the federal 
government included statements in their human resources regulations 
emphasizing that priority should be given to hire citizens with 
disabilities in the public sector. The employment of persons with 
disabilities in the private sector remained a significant challenge due 
to a lack of training and opportunities, a lack of public awareness, 
and prevalent societal discrimination.
    The Community Development Authority of Dubai, among other 
government agencies, carried out some public awareness campaigns during 
the year to improve understanding of sexual and psychological 
harassment faced by children with physical and mental disabilities.
    Officials overseeing the September 24 FNC election assisted voters 
with disabilities, and polling stations had wheelchair ramps at both 
the men and women's entrances. Moreover, a blind candidate from Sharjah 
ran in the FNC election.

    National/Racial/Ethnic Minorities.--Approximately 89 percent of the 
country's residents were noncitizens originating primarily from the 
Indian subcontinent. Societal discrimination against noncitizens was 
prevalent and occurred in most areas of daily life, including 
employment, education, housing, social interaction, and health care.
    The law criminalizes commercial disputes and bankruptcy, which led 
to discrimination against foreigners. In practice, these laws were 
selectively enforced and allowed local Emiratis to threaten expatriate 
business people and foreign workers with harsh prison sentences to 
assure a favorable outcome in commercial disputes.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Both civil law and Sharia 
criminalize homosexual activity. Under Sharia the death penalty is the 
punishment for individuals who engage in consensual homosexual 
activity. There were no prosecutions for homosexual activity during the 
year. At times the government subjected persons to psychological 
treatment and counseling for homosexual activity.
    Cross-dressing is a punishable offense. The government deported 
cross-dressing foreign residents and referred citizens to public 
prosecutors.

    Other Societal Violence or Discrimination.--Persons with HIV/AIDS 
and other diseases faced discrimination. There were credible reports 
that government officials discriminated against prisoners with HIV by 
not granting commuted sentences or parole that other prisoners with 
similar records had received, and that HIV-positive prisoners did not 
have access to appropriate health care in detention. Noncitizen 
residents infected with HIV, hepatitis types B and C, tuberculosis, and 
leprosy were denied all health benefits, quarantined, and deported.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The law does not permit workers to form or join unions. The law does 
not prohibit strikes in the private sector, but it allows an employer 
to suspend an employee for striking. The labor code forbids strikes by 
public sector employees, security guards, and migrant workers. There is 
no right to collective bargaining. In the private sector, individual 
employment contracts must be approved by and registered with the 
Ministry of Labor. The labor code does not apply to public servants or 
domestic and agricultural workers.
    At the request of an employer, the government may cancel the work 
permit of and deport for up to one year any foreign worker for 
unexcused absences over seven days or for participating in a strike.
    No unions existed in the country. The government granted some 
professional associations with majority citizen membership a limited 
ability to raise work-related issues, to petition the government for 
redress, and to file grievances with the government. These 
organizations were required to receive government approval for 
international affiliations and travel. Foreign workers may belong to 
these professional associations; however, they do not have voting 
rights and cannot serve on the organizations' boards.
    Private sector employees may file collective employment dispute 
complaints with the Ministry of Labor, which acts as mediator between 
the parties under the labor law. Employees may file unresolved disputes 
with the labor court system, which are in turn forwarded to the 
conciliation council. In practice most cases were resolved through 
direct negotiation. All foreign workers have the right to lodge labor-
related grievances with the Ministry of Labor. The ministry sometimes 
intervened in disputes and helped negotiate a private settlement.
    Public sector employees may file an administrative grievance or a 
case in the civil courts to address a labor-related dispute or 
complaint. There was no publicly available information on cases filed.
    Protests and strikes took place, most of them illegal. Most worker 
protests were related to unpaid wages and hazardous or abusive working 
conditions. The government generally did not punish workers for 
nonviolent protests or strikes, but it did disperse such protests 
during the year. On January 26, police detained 74 workers in Dubai 
during a strike by more than 3,000 employees demanding wage increases 
from Arabtec, a construction company. The company agreed to a wage 
increase and improved benefits for thousands of workers, but the 
government deported the 74 detained workers.
    On May 2, the government dissolved the board of the Teachers' 
Association, an organization that represents and defends the rights of 
teachers in the country (see section 5).

    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, and such practices occurred, 
predominantly involving migrant workers from South and East Asia 
employed in construction or domestic work.
    Migrant workers were subject to forced labor. Employers routinely 
held employees' passports, thus restricting their freedom of movement. 
While employer passport retention is illegal, few laborers filed 
complaints. Migrant workers also were subject to nonpayment of wages, 
threats, and physical or sexual abuse. Upon arrival to the country, 
some foreign workers signed contracts that had lower salaries or 
involved a different type of work than what was stated in contracts 
signed in their country of origin, a practice known as ``contract 
switching.'' There were reports that some female migrant workers were 
forced into prostitution.
    Some noncitizen domestic and agricultural workers were subject to 
unpaid labor to repay their employers for hiring expenses, often in the 
form of forced labor. In most of these cases, workers paid recruitment 
fees in their country of origin and were responsible for repaying them 
once beginning work. In some cases, employers withheld payment while 
workers ``repaid'' expenses incurred by employers to sponsor the 
worker; some employers did not pay workers even after these debts were 
repaid. In other cases, workers who had taken out a loan to pay labor 
recruiting fees in their home countries arrived in destination 
countries and spent most or all of their salaries trying to pay either 
the labor recruiters or loan sharks back, at times trapped in 
unpleasant or exploitative work environments because of the incumbent 
debt.
    Also see the Department of State's annual 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 persons younger than 15 years and has 
special provisions for employing persons between 15 and 18 years. There 
were separate provisions regarding foreign resident children 16 or 
older. The Ministry of Labor is responsible for enforcing these 
regulations and generally enforced them effectively. Unlike in previous 
years, there were no reports of foreign children who came to the 
country under their parents' work permits and subsequently pressured to 
work. The traditional practice of using Emirati children as camel 
jockeys continued in some privately held races.
    Also see the Department of State's annual Trafficking in Persons 
Report at www.state.gov/j/tip.

    d. Acceptable Conditions of Work.--There is no established minimum 
wage. Salaries, which depended on the occupation and employer, were 
estimated at around 400 dirhams (approximately $110) per month for 
domestic or agricultural workers and 600 dirhams (approximately $164) 
per month for construction workers.
    According to the labor law, the workday is eight hours and the work 
week six days. In practice, some service sector businesses did not 
provide employees paid annual holidays. Legal provisions requiring 
overtime pay and prohibition on excessive compulsory overtime exist. 
However, these provisions only apply to employees under the auspices of 
the Ministry of Labor and are not enforced. These provisions do not 
cover workers in domestic services, agriculture and other categories 
administered by the Ministry of Interior.
    Domestic workers fall under the jurisdiction of the Ministry of 
Interior and labor laws do not apply to them. The unregulated 
conditions of domestic workers left them vulnerable to long hours and 
underpayment.
    The law requires employers to provide employees with a safe work 
and living environment; however, the government did not uniformly 
enforce health and safety standards during the year, although it did 
increase monitoring and enforcement of labor laws and regulations. 
Workers' jobs were not protected if they removed themselves from what 
they considered to be unsafe working conditions. In 2010 the Ministry 
of Labor employed 450 labor inspectors. Inspections of workplaces--
primarily construction sites--took place throughout the year, resulting 
in fines for employers who violated workplace safety or midday break 
rules. The ministry also employed language interpreters to assist 
foreign workers in understanding employment guidelines.
    The law and regulations provide for minimum rest periods and limits 
hours worked depending on the nature of the work. The law mandates a 
2.5-hour midday work break for most outdoor laborers between June 15 
and September 15. The government routinely fined employers for 
violating the midday break rule and published compliance statistics. 
However, during July and August, the hottest months of the year, the 
government exempted oil, asphalt, and cement companies from following 
the law. In July local press reported that labor inspectors had visited 
9,533 firms and had fined 34 firms for violations, reporting 99.7 
percent compliance. In addition to being fined between 10,000 and 
20,000 dirhams (approximately $2,725-5,450), offenders are barred from 
obtaining additional work permits for between six months and a year.
    During the year the government began implementing changes to the 
labor code announced in December 2010 that eliminated the requirement 
that foreign workers who wanted to switch jobs obtain a letter of no 
objection from their employer. However, the change in regulation did 
not apply to day laborers, construction workers, or domestic servants.
    In January the government amended the labor law to allow employees 
the option to work without an employment contract or, in cases in which 
a contract was in force, to change employer sponsors after a maximum of 
two years (and even within two years in certain cases) in certain 
employment categories for improved job mobility.
    Foreign workers frequently did not receive their wages from 
employers on time, sometimes for extended periods. However, the 
government's implementation of the Wages Protection System (an 
electronic salary verification system) and fines discouraged employers 
from not paying salaries to foreign workers under the auspices of the 
Ministry of Labor. According to a January 9 press report, at least 3.3 
million workers received their wages via direct deposit through the 
Wages Protection System. The estimated 700,000 workers and 40 percent 
of companies not yet enrolled were reportedly small businesses. The 
Wages Protection System did not apply for foreign workers under the 
authority of the Ministry of Interior, including domestic and 
agricultural workers.
    The Ministry of Labor operated a toll-free hotline in Arabic, 
English, and Urdu through which workers were able to report companies 
that violated break rules or delayed wage payments.
    Despite the Ministry of Labor's efforts to improve housing 
facilities, some low-skilled and foreign employees continued to face 
substandard living conditions, including overcrowded apartments or 
lodging in unsafe and unhygienic ``labor camps,'' which sometimes 
lacked electricity, potable water, and adequate cooking and bathing 
facilities. Construction of newer worker accommodations was ongoing. 
Individual emirates enforced their own standards for minimum conditions 
for labor accommodations.
    Reports of migrant worker suicides continued, with reports linking 
the deaths to poor working conditions, abusive employers, and heavy 
debts caused by exploitative labor recruitment agencies, as well as by 
low wages relative to the high cost of living.
    During the year the press reported a number of cases in which 
workers were injured or killed on job sites due to inadequate safety 
measures. Although the law requires the government to monitor job-
related injuries and deaths, in practice the government registered the 
cases but did not consistently follow up on them, although there was at 
least one case of a significant court-ordered fine imposed for 
negligence.
    In Abu Dhabi, stricter enforcement of labor safety standards, 
particularly in the construction industry, appeared to be having an 
effect on the number of safety violations.
    Domestic workers routinely were subject to physical, sexual, and 
emotional abuse. There were reports that employers withheld the 
passports of their domestic workers; in some cases, they prevented 
workers from leaving the country. For example, on September 17, local 
press reported a Filipina housemaid fled her employers' residence in 
Umm Al Quwain after she was beaten regularly, burned with a hot iron, 
and forced to work seven days a week without pay for three years.

                               __________

                             WESTERN SAHARA

                           EXECUTIVE SUMMARY
    Morocco claims the Western Sahara territory and administers 
Moroccan law through Moroccan institutions in the estimated 85 percent 
of the territory it controls. However, the Popular Front for the 
Liberation of Saguia el Hamra and Rio de Oro (Polisario), an 
organization that has sought independence for the former Spanish 
territory since 1973, disputes Morocco's claim to sovereignty over the 
territory.
    There has been no census since the Spanish left the territory, but 
the population was estimated to be more than 500,000, many of whom were 
attributable to Moroccan in-migration. The indigenous population is 
Sahrawi, (literally ``people of the desert'' in Arabic) who also live 
in southern Morocco, in Algeria, and in Mauritania.
    The Moroccan government sent troops and settlers into the northern 
two provinces after Spain withdrew in 1975 and extended its 
administration to the third province after Mauritania renounced its 
claim in 1979. Moroccan and Polisario forces fought intermittently from 
1975 until a 1991 ceasefire and the deployment of a U.N. peacekeeping 
contingent, the U.N. Mission for a Referendum in Western Sahara, whose 
mandate does not include human rights monitoring. In the late 1980s, 
Morocco constructed a 1,250-mile stone and sand wall known as the 
``berm'' that effectively marks the limit of its administrative 
control.
    In 1988 Morocco and the Polisario agreed to settle the sovereignty 
dispute by referendum. The parties did not resolve disagreements over 
voter eligibility and which options for self-determination 
(integration, independence, or something in between) should be on the 
ballot; consequently, a referendum never took place.
    There have been several attempts to broker a solution since 2007 in 
face-to-face negotiations between representatives of the two sides 
under U.N. auspices. Morocco has proposed autonomy for the territory 
within the kingdom; the Polisario has proposed a referendum in which 
full independence would be an option. Meetings in January, March, June, 
and July under the auspices of Personal Envoy of the U.N. Secretary 
General for Western Sahara Christopher Ross did not yield significant 
progress toward a permanent solution.
    Morocco considers the part of the territory that it administers to 
be an integral part of the kingdom with the same laws and structures 
conditioning the exercise of civil liberties and political and economic 
rights. Under the constitution, ultimate authority rests with King 
Mohammed VI who presides over the Council of Ministers and approves 
members of the government recommended to him by the prime minister. On 
July 1, Moroccans adopted a new constitution and on November 25, 
Morocco held legislative elections, which included Western Saharan 
provinces. (For additional information on political developments in 
Morocco, see the 2011 Morocco Human Rights Report.)
    Apart from government action to restrict pro-independence views and 
associations, overall human rights conditions in the territory tended 
to converge with those in the kingdom. Several long-standing human 
rights issues that continue to be of concern were related to pro-
independence activity, including limitations on the freedom of speech 
and assembly, the use of arbitrary detention to quell dissent, and 
physical and verbal abuse of detainees during arrests and imprisonment.
    Widespread impunity existed, although the government prosecuted at 
least one official who committed abuses. Corruption continued among 
security forces and the judiciary. In addition, Sahrawis faced 
discrimination in the application of the laws on prison visitation 
rights and NGO registration.
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There was one report 
that a government security official committed an unlawful killing.
    In December 2010 an off-duty policeman shot and killed Said Dambar, 
a Sahrawi resident of Laayoune. Initially denied access to the victim's 
body for several hours, Dambar's family later was told that he had been 
drinking with the policeman when the latter's firearm accidently 
discharged, shooting Dambar in the head. The family refused throughout 
the year to bury his body until an independent autopsy had been carried 
out to determine the circumstances of Dambar's death and clear him of 
having consumed alcohol. On October 12, a court sentenced the policeman 
involved in the killing to 15 years in prison, a sentence upheld on 
appeal. Authorities, however, never authorized the independent autopsy, 
and Moroccan administrative and law enforcement authorities regularly 
harassed members of the Dambar family and demanded they bury Dambar's 
body. Dambar's brother lost his eligibility for a position with the 
Ministry of Finance on October 3 and was told by Ministry of Interior 
representatives he would obtain the position once he buried his 
brother.
    Many international and local NGOs reported that violent 
confrontations between Sahrawi protesters and Moroccan security forces, 
which took place at Agdem Izik in Laayoune in October and November 2010 
and resulted in 13 deaths and numerous injuries, exacerbated tensions 
between the Sahrawi population and Moroccan authorities. The tensions 
provoked incidents of violence throughout the year.

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances, but NGOs reported several cases of arbitrary 
arrest and detention for periods up to 20 days that they claimed 
amounted to disappearances.
    In the October 2010 case of Mohamad Abdellah Dayhani, plainclothes 
police in Laayoune allegedly abducted Dayhani, whose family reported to 
the NGO Sahrawi Collective of Human Rights Defenders (CODESA) that they 
had received no information from authorities after inquiring about his 
whereabouts at a police station. The government confirmed that Dayhani 
had been arrested on terrorism charges but claimed it had followed due 
procedure in the conduct of the arrest. According to authorities, on 
October 27, Dayhani was sentenced to 10 years in prison for planning to 
commit acts of terrorism.
    Regarding the still-unresolved cases of disappearance dating to the 
1970s and 1980s, the governmental National Council for Human Rights 
(CNDH) continued to investigate claims of enforced and involuntary 
disappearances. The CNDH acknowledged that due to a lack of evidence, 
it likely will be unable to resolve 10 difficult cases. Sahrawi human 
rights groups and families, on the other hand, claimed that at least 
114 cases remained unresolved and that many more were unacknowledged.
    As its predecessor, the Consultative Council for Human Rights 
(CCDH), has done since 2000, the CNDH provided reparations during the 
year to victims of human rights abuses, including monetary assistance, 
vocational training, and medical insurance to Sahrawis or family 
members of those who had disappeared or been detained during the 1970s 
and 1980s. The CNDH continued to receive and investigate reparation 
claims throughout the year, although NGOs claimed the 114 unresolved 
cases had not been accepted by the CNDH for review. The CNDH stated it 
had shifted focus from individual reparations to community projects, 
although all the examples of such projects indicated by the CNDH were 
located outside Western Sahara in internationally recognized Morocco.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There were credible reports that security forces engaged 
in torture, beatings and other mistreatment of detainees. Both 
international and local NGOs continued to report abuses, especially of 
Sahrawi independence advocates.

    Prison and Detention Center Conditions.--Allegations of abuse and 
substandard prison conditions persisted.
    The Moroccan Observatory of Prisons (OMP), a local NGO consisting 
of lawyers and activists promoting better conditions for prisoners, 
stated that it regularly received complaints of physical abuse and 
occasional reports of torture from the family members of inmates in 
Laayoune Prison, the sole prison in Western Sahara. However, 
independent verification of these claims was impossible as access to 
the prison had been prohibited since 2008 for human rights NGOs. The 
most common complaints alleged physical abuse, a lack of access to 
health care, and the transfer of prisoners to locations far from their 
families within Western Sahara and to internationally recognized 
Morocco.
    Human rights and pro-independence activists claimed authorities 
falsely charged them with criminal offenses. Laws require authorities 
to investigate abuse allegations for any individual facing prosecution 
who requests an investigation, but local and international human rights 
advocates claimed that courts often refused to order medical 
examinations, or to consider medical examination results in cases of 
alleged torture.
    The 23 Sahrawis arrested during the November 2010 dismantling of 
the Agdem Izik camp and subsequent violence in Laayoune remained in 
custody during the year at Sale Prison near Rabat. Families of the 
detainees complained that prison conditions were unusually harsh, with 
limited family visitation rights and little access to health care, 
proper food, and clean clothes. A December 9 CNDH prison visit led to 
improved conditions for the detainees and the provisional release of 
two of the detainees on health grounds. Throughout the year there were 
continuing credible reports from many who were detained and 
subsequently released-- as well as many of the families of those still 
in custody--that security officials beat and otherwise abused them. 
Domestic NGOs alleged that in numerous instances security officials 
threatened detainees with rape.
    NGOs that provide social or religious services to prisoners were 
permitted to enter detention facilities, but not human rights NGOs. 
Generally such visits were restricted to common areas within the 
detention center with no access to prisoners in their cells. The 
government reported 84 visits to detention centers in Western Sahara 
during the year: judicial officials conducted 50, regional monitoring 
commissions 11, and national NGOs 23. The OMP relayed complaints of 
substandard prison conditions to authorities but was not allowed to 
conduct its own investigations of these complaints. The CNDH also 
received complaints but did not visit Laayoune Prison during the year.
    In October the government reported that the public prosecutor and 
magistrates had requested expert medical examinations for 19 
individuals in both Morocco and Western Sahara, compared with 31 
requests in 2010. An 11-member coalition of Moroccan NGOs reported that 
52 Sahrawis arrested by security forces in connection with the November 
2010 camp dismantlement and ensuing protests alleged police torture in 
late 2010 and early 2011 and submitted requests for medical 
examinations. The government's response to their requests remained 
unknown at year's end.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention but security forces routinely ignored this in 
practice.
    At year's end, the 23 Sahrawis arrested during the dismantling of 
the Agdem Izik camp and subsequent violence in Laayoune remained in 
custody at Sale Prison near Rabat. The government issued no clear 
charges other than police allegations that they were connected to the 
deaths of 11 security service personnel during the riots. On November 
10, the prisoners were referred to a military court, but no trial date 
was set.

    Role of the Police and Security Apparatus.--Police impunity 
remained a problem. According to several international, domestic, and 
Sahrawi NGOs, the number of complaints filed against police by alleged 
victims of human rights abuses increased. The government disputed the 
alleged increase and provided statistics indicating that through 
October, residents of Western Sahara filed 45 complaints against 
authorities based throughout the territory. The judicial police and the 
prosecutor investigated all 45 complaints but the prosecutor dismissed 
32 due to lack of evidence. Thirteen cases remained under investigation 
at year's end. International and domestic human rights organizations 
claimed that authorities dismissed nearly all complaints relying only 
on the police version of events.
    The government stated that it increased security personnel training 
in human rights and regularly coordinated with the CNDH to draw on the 
expertise of its members. Human rights components are included in basic 
training as well as in various educational milestones throughout the 
careers of most security personnel. According to the government, some 
prosecutions involved officers who allegedly committed crimes in the 
territory; however, the number was unavailable because data was not 
disaggregated by region. Past practice often left alleged abusers in 
leadership positions or transferred them to other positions.
    There were several cases of societal violence between Sahrawis and 
residents who originate from internationally recognized Morocco. The 
government reported that security forces responded adequately to 
minimize violence, although Sahrawi activists alleged that the security 
forces responded slowly and sometimes tacitly encouraged violence.
    On February 25, during an international music concert in Dakhla, 
groups of Moroccan youth entered the Sahrawi neighborhood of Oum Tounsi 
and violent confrontations ensued. According to eyewitnesses, police 
did nothing to stop the confrontations. The following day, a Sahrawi 
demonstration protesting police inaction turned violent and began 
targeting police and official-looking vehicles. Military forces were 
ordered from outside Dakhla and finally brought the situation under 
control. Fifteen persons were injured.
    On September 25, a similar event occurred in Dakhla following a 
soccer match between a local team and one from Morocco. Following the 
match, fighting broke out that quickly pitted Moroccans against 
Sahrawis. According to Sahrawi activists, when Sahrawi protesters began 
chanting pro-independence slogans, security forces encouraged Moroccan 
civilians to be more aggressive with the ``enemy.'' Fighting continued 
on September 26, as Moroccan youth entered Sahrawi neighborhoods until 
outside security forces restored calm. The two days of violence 
resulted in eight deaths--including two members of the armed forces--
and dozens injured. Immediately following the violence, several dozen 
Moroccans and Sahrawis were arrested of whom 14 were convicted and 17 
remained in custody at year's end. Others were detained briefly and 
released.

    Arrest Procedures and Treatment While in Detention.--Police may 
arrest an individual after a general prosecutor issues an oral or 
written warrant; in practice, warrants occasionally were issued after 
the arrest. Authorities denied defendants' access to counsel or family 
members during the initial 96 hours of detention under terrorism-
related laws or 48 hours of detention for other charges, during which 
police interrogated detainees and alleged abuse or torture was most 
likely to occur. In many cases, including those not related to 
terrorism, detainees were held incommunicado for several days and 
granted limited or no access to legal representation. Under the 
antiterrorism law, after the first 96 hours, two additional 96-hour 
extensions are allowed with the written approval of the prosecutor. 
Under the law a person may be detained without trial for as long as one 
year while an investigating magistrate completes work.

    Arbitrary Arrest.--NGOs claimed several cases of arbitrary arrest 
and detention occurred for periods up to 20 days. Security services 
commonly rounded up groups of individuals and detained them for several 
hours or days without charges before releasing them. In many cases the 
families of the detainees were not informed until after their release.
    The 23 Sahrawis arrested during the November 2010 dismantling of 
the Agdem Izik camp and subsequent violence in Laayoune remained in 
custody during the year at Sale Prison near Rabat (see above).

    Pretrial Detention.--Pretrial detention was a problem. Several NGOs 
alleged that across Morocco and Western Sahara, at least 50 percent of 
all detainees were awaiting trial. By the end of the year, 23 Sahrawis 
had been in pretrial detention in Sale Prison for more than a year 
after their arrest during the violence in Laayoune in November 2010. 
Another 17 had been in custody for approximately three months after 
their arrest during the September violence in Dakhla.

    Political Prisoners and Detainees.--The government denied that 
there were political prisoners or detainees and claimed all those 
incarcerated had been convicted of or charged with crimes. However, 
human rights and pro-independence groups alleged that there were up to 
85 Western Saharan individuals held across Western Sahara and 
internationally recognized Morocco whom they considered political 
prisoners.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Moroccan law prohibits citizens 
from criticizing Islam or the institution of the monarchy. It is also 
illegal to voice opposition to the government's official position 
regarding territorial integrity and Western Sahara. Most media outlets 
and bloggers practiced self-censorship on these issues, and there were 
no reports of government action against them for what they had written. 
However, at least one blogger claimed that police had detained and 
physically abused him for several hours while they demanded to know the 
nature of his foreign travel and his contact with several diplomatic 
missions in Morocco.
    The government enforced strict procedures governing the ability of 
NGOs and activists to meet with journalists. Foreign journalists needed 
prior official approval from the Ministry of Communication before 
meeting with pro-independence NGOs. There were no reports of 
authorities barring journalists from traveling to Laayoune and no 
reports of journalists being prevented from meeting pro-independence 
activists.

    Internet Freedom.--Moroccan and international media, including 
Polisario-controlled television and radio from the Sahrawi refugee 
camps in Algeria-- as well as satellite television, were available in 
the territory. There was no indication that Internet access in the 
territory differed from that in internationally recognized Morocco, 
which was generally open. However, pro-independence bloggers assumed 
they were monitored closely by authorities and felt the need to hide 
their identity.

    b. Freedom of Peaceful Assembly and Association.--The Ministry of 
the Interior required those wishing to hold public gatherings, 
including demonstrations, to obtain permission for public assemblies. 
Despite this requirement, sit-ins, demonstrations, and unauthorized 
peaceful protests occurred. Authorities tolerated the majority of these 
events, even those that were not authorized.
    The government generally used administrative delays and other 
methods to suppress or discourage demonstrations with political 
overtones and prohibited or failed to accept requests from groups that 
were associated with human rights activism or harbored pro-independence 
opinions regarding the Western Sahara.
    Several organizations with social and economic demands claimed 
security forces prevented them from protesting during the period 
surrounding the one year anniversary of the Agdem Izik camp 
dismantlement from early October to mid-November. Authorities allowed 
an unlicensed protest organized by human rights abuse victims of the 
1970s-1990s, who had occupied the Laayoune CNDH office, to demand 
compensation for the abuses they suffered during that time.
    Pro-independence organizations and some human rights NGOs stated 
that in recent years they have applied less frequently for legal 
permits to engage in sit-ins and demonstrations because police rarely 
granted the permits. The government reported that by the end of the 
year, over 1,120 demonstrations or protests had been held in Western 
Sahara. The majority of these related to socioeconomic issues such as 
unemployment and housing concerns, but a few also had political 
overtones, such as sit-ins by relatives of disappeared persons and 
alleged political prisoners.
    There were several instances of security forces using excessive 
force against pro-independence demonstrators. Authorities violently 
dispersed several protests throughout the year, resulting in dozens of 
serious injuries to heads and limbs that required medical attention. 
Victims of such abuse claimed that government authorities were slow to 
respond to the formal complaints they filed.

    Freedom of Association.--As in previous years, the government did 
not allow the Sahrawi CODESA or the Association of Sahrawi Victims of 
Grave Human Rights Violations (ASVDH) to register as official NGOs, 
limiting their ability to raise funds domestically and internationally 
and to secure space for public meetings. The CNDH invited the ASVDH to 
join its executive council, which consists in part of members of civil 
society. The latter refused on grounds that it would continue to seek 
formal recognition as a registered NGO before it would consider joining 
the council.

    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.--Unlike in the previous year, there were no 
reports that the government restricted freedom to travel abroad. There 
were no reports of the government revoking citizenship.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Moroccan citizens in the Western Sahara participated in Moroccan 
parliamentary elections on November 25. National turnout exceeded 70 
percent of registered voters, and local authorities in Western Sahara 
regularly claimed that turnout in their region exceeded the national 
average. There was no indication that the government prevented pro-
independence candidates from running; however, domestic observers 
leveled accusations of government complicity in corruption, principally 
vote buying, in some locations.
Section 4. Official Corruption and Government Transparency
    Corruption among security forces and judicial officials was a 
problem.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A small number of international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials generally 
were responsive to requests for meetings. The domestic NGOs 
investigating human rights cases are usually those not recognized by 
the government. Nevertheless, government officials occasionally 
investigated cases raised by these NGOs.
    In part as a response to international calls for better human 
rights monitoring in Western Sahara, Morocco expanded the presence of 
the governmental CNDH in the territory. On March 1, the CNDH opened an 
office in Dakhla in October, complementing an existing one in Laayoune.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    Women.--Relatively little information was available on 
discrimination against women in the territory. Women participated 
actively in political and economic activities. Most Sahrawis in the 
territory lived in urban or semi-urban environments, and their 
circumstances paralleled the situation in internationally recognized 
Morocco. In the November 25 communal elections, no women won seats on 
local tickets in Western Sahara, although across both Morocco and 
Western Sahara 60 women were elected on the national ticket.
Section 7. Worker Rights
    The Moroccan labor code applies in the Moroccan-controlled areas of 
the territory. The constitution and the labor code permit the right to 
strike.
    Moroccan unions covering all sectors were present in those areas 
but were not active. The largest trade confederations maintain a 
nominal presence in Laayoune and Dakhla. These include the Moroccan 
Union of Labor, the Democratic Confederation of Labor, and the National 
Union of Moroccan Workers.
    There were no known labor strikes, other job actions, or collective 
bargaining agreements during the year. Most union members were 
employees of the Moroccan government or state-owned organizations. 
Unions were also active in the phosphate and fishing industries. Wage-
sector workers in the territory earned up to 85 percent more than their 
counterparts in Morocco as an inducement for Moroccans to relocate to 
the territory. The government exempted workers from income and value-
added taxes.
    The labor code prohibited forced or bonded labor, and there were no 
reports that such practices occurred. Penalties for those who 
perpetrate forced labor range up to four years' imprisonment, and 
penalties for forced child labor are between one and three years in 
prison. Labor inspectors assigned to labor delegation offices enforce 
Moroccan labor laws. There are two delegations in Western Sahara, one 
in Laayoune and one in Oued Eddahab.
    Regulations on the minimum age of employment were the same as in 
Morocco. There were no reports regarding child labor in the formal wage 
sector. There were reports of children working in family-owned 
businesses and in the agricultural sector.
    The minimum wage and maximum hours of work in the territory were 
identical to those in Morocco. Occupational health and safety standards 
were the same as in Morocco and enforcement was rudimentary, except for 
a prohibition on the employment of women in dangerous occupations.
    In practice during peak periods, workers in fish processing plants 
worked as many as 12 hours per day, six days per week.

                               __________

                                 YEMEN

                           EXECUTIVE SUMMARY
    Yemen is a republic with a constitution that provides for a 
president, parliament, and an independent judiciary. In 2006 citizens 
elected President Ali Abdullah Saleh to another seven-year term in a 
generally open and competitive election, but one characterized by 
multiple problems with the voting process and the use of state 
resources on behalf of the ruling party. Ali Abdullah Saleh led North 
Yemen from 1978 until its unification with South Yemen in 1990 and the 
unified Yemeni state through 2011. Saleh agreed to transfer power in 
November, marking the first change in Yemen's leadership structure in 
more than 33 years and setting in motion a two-year transition period. 
Although the constitution provides for a separation of powers, until 
the transition agreement, Saleh, his family, and close allies 
maintained nearly exclusive control of the state apparatus. There were 
significant instances in which elements of the security forces acted 
independently of civilian control. Following the defection of a key 
military commander in March, major components of the armed forces were 
not under government control. Those remaining under de jure government 
authority were for the most part under the direct control of the Saleh 
family, rather than formal national authorities.
    Large-scale demonstrations began on January 23 calling for the 
removal of the Saleh family from power. The subsequent defection of 
military units, an internal armed conflict between government and 
opposition forces beginning in May, and President Saleh's refusal to 
implement an internationally brokered transition agreement until 
November 23 led to a prolonged period of upheaval that triggered a 
severe economic decline, increased insecurity around the country, and a 
humanitarian crisis. National institutions were ineffective or 
nonexistent, and the independence of the judiciary was undermined. 
Parliamentary sessions were not held between April and December, 
restarting only after the signing of the transition agreement in late 
November. With tensions continuing at year's end, although at a 
decreased intensity after the start of the transition process, the 
political stalemate and armed conflict between elites generally 
resulted in a degraded human rights environment.
    The most important human rights problems were government military 
and security forces' violent reactions to citizens' efforts to 
peacefully change their government, and the inability of citizens to 
exercise the full range of their basic human rights.
    Other major human rights problems included: torture and other 
cruel, inhuman, or degrading treatment or punishment; arbitrary arrest 
and detention; denial of fair public trials; lack of judicial 
independence; limits on freedoms of speech, press, and assembly; 
extremist threats and violence; restrictions on freedom of movement; 
lack of transparency and significant corruption at all levels of 
government; use of child soldiers by organized forces and tribal and 
other informal militias; and restrictions on worker rights.
    Impunity was persistent and pervasive. The government did not 
undertake credible investigations or prosecutions of officials for 
human rights abuses. Government officials implicated in serious human 
rights violations remained in their positions at the end of the year.
    Nongovernmental actors engaged in internal armed conflict with 
government forces and proxies and committed abuses related to 
traditional tribal conflicts or simple criminality. Multiple armed 
groups, including opposition and progovernment tribal militias, 
regionally and religiously oriented insurgents, terrorist groups 
including Al-Qaida in the Arabian Peninsula (AQAP), military units that 
had defected, and government-sponsored ``thugs,'' perpetrated numerous 
human rights abuses. Principal among these were arbitrary killings, 
unlawful detentions, and use of excessive force, often in heavily 
populated urban areas, where combatants employed artillery, rockets, 
and sometimes tanks, which resulted in the deaths of hundreds of 
persons.
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. Government forces and proxies responded with 
excessive force to Arab Spring-inspired opposition demonstrations, as 
well as to demonstrations seeking greater autonomy in the southern 
governorates. Excessive force was also used in internal armed conflicts 
in Sana'a, Ta'iz, Zinjibar, and elsewhere, resulting in the killing of 
civilian bystanders (see sections 1.g. and 2.b.).
    Although there were no reports of abuses by regular army units, 
internal security forces such as the Central Security Forces (CSF), and 
members of special military units, particularly the Republican Guard, 
repeatedly used lethal force against opposition protesters seeking the 
ouster of President Saleh. Non-uniformed pro-Saleh gunmen, who 
according to credible sources received payment and weapons from regime 
figures, also killed and injured opposition protesters.
    According to a September 16 report of the U.N. Office of the High 
Commissioner for Human Rights (OHCHR), ``many Yemenis peacefully 
calling for greater freedom, an end to corruption, and respect for rule 
of law were met with excessive and disproportionate use of lethal force 
by the state.'' The report, issued after the June 28-July 6 visit of an 
OHCHR delegation, noted a pattern of the use of live ammunition to 
quell protests in Aden in February that subsequently spread to Sana'a, 
Ta'iz, Ibb, Hudaydah, Mukalla, Dhamar, and al-Baydah. In Ta'iz, the 
Republican Guard, under the command of Brigadier General Murad al-
Awbali, repeatedly launched artillery barrages targeting opposition 
demonstrators. The OHCHR report added that government forces also used 
tear gas, batons, electric stun guns, and polluted water cannons. The 
government in many cases used only nonlethal means but often failed to 
adhere to a policy of a graduated use of force. By October 18, attacks 
by government forces and pro-Saleh civilians resulted in the deaths of 
at least 245 demonstrators and bystanders.
    On March 18, gunmen in civilian clothes shot into crowds and killed 
more than 50 unarmed demonstrators in the ``Change Square'' sit-in site 
in Sana'a. According to independent and opposition observers, the 
gunmen were members of unidentified government military and other 
security units, as well as tribesmen paid by government funds. The 
nature of the wounds--many victims were shot in the head--indicated a 
level of proficiency suggesting formal military training, and many of 
the gunmen fired from properties owned by government officials. The 
government claimed that the protesters were impinging on the rights of 
residents in the neighborhood near Change Square, that some of the 
protesters were armed, and that the gunmen were individuals protecting 
their property. Uniformed security forces did not intervene to stop the 
gunmen firing into the crowd. Seventy-eight suspected gunmen were 
charged for alleged crimes during the March 18 attack. Their cases did 
not reach a final disposition by the end of the year.
    On May 29, approximately 50 demonstrators and bystanders were 
killed when units of the Republican Guard, a military force commanded 
by the president's son, Ahmed Ali al-Saleh, raided an opposition sit-in 
site in Ta'iz. Republican Guards employed small arms, mortars, and 
tanks. They burned the demonstrators' tents and, according to 
eyewitnesses, raided a local hospital, removing medical supplies and 
damaging equipment. Brigadier General al-Awbali did not face sanctions 
and remained at his post at the end of the year.
    The head of security in Ta'iz during the May 29 incident, Abdullah 
Qairan, had been removed in March from his position as the head of 
security in Aden following repeated reports of use of excessive force 
against demonstrators aligned with the southern secessionist ``Al-
Hirak'' movement. He was thereafter appointed as the head of security 
in Ta'iz, and accounts of use of excessive force by security services 
were reported there within days. A prosecutor in Aden Governorate 
issued a warrant for Qairan's arrest in September, which remained 
unexecuted at year's end. Despite the warrant and a pattern of 
excessive force under his tenure in both Aden and Ta'iz, including the 
attack on May 29, Abdullah Qairan remained in his position as security 
director in Ta'iz at the end of the year.
    Politically motivated killings by nongovernmental actors also 
occurred. On June 3, a bomb placed in a mosque in the Presidential 
Palace exploded while President Saleh, other high-level government 
officials, and dozens of security personnel were attending prayers. 
Dozens were killed, including the head of the Shura Council, and 
President Saleh was severely injured along with the governor of Sana'a, 
the speaker of parliament, and other senior officials. No group claimed 
responsibility for the attack, and an investigation continued at the 
end of the year.
    Terrorist and insurgent groups also committed unlawful killings. 
AQAP members conducted multiple attacks on Houthi-affiliated tribesmen 
in northern Yemen. AQAP members and associated militants also 
assassinated members of government security services in the southern 
cities of Aden and Zinjibar and were responsible for the deaths of many 
civilians during continued AQAP attempts to take control of Zinjibar 
from May until the end of the year.

    b. Disappearance.--During the year there were reports of 
politically motivated disappearances of individuals associated with 
southern protests. Although many disappearances were short-term 
detentions followed by releases, the whereabouts of other individuals 
remained unknown for months or longer. Civil society groups accused the 
government of using sporadic disappearances to intimidate the populace. 
On February 20, Hassan Baum, a prominent leader of the Southern 
Movement, and his son Fawaz were kidnapped by government personnel 
while convalescing at a hospital in Aden. They were held until December 
7 without charge, during which time they were denied contact with 
family and lawyers, who had no information about their location.
    Tribal kidnappings traditionally carried out to attract government 
attention to specific grievances also occurred. For example, gunmen 
kidnapped three foreign aid workers on November 22, reportedly in an 
effort to pressure the government to release colleagues whom the 
government had detained the day before. The aid workers were released 
two days later. Members of opposition armed groups, including First 
Armored Division personnel, tribesmen affiliated with Sadiq and Hamid 
al-Ahmar, and followers of religious cleric Abdul Majid al-Zindani 
kidnapped government officials and Saleh loyalists (see section 1.g.). 
The kidnap victims were generally held for short periods and then 
released, at times as part of prisoner exchanges with the government. 
In addition to politically motivated tribal kidnappings, women and 
girls were also kidnapped as part of traditional coerced marriage. 
Since the law does not recognize spousal rape, any rape would be 
legally negated by a subsequent marriage (see section 6).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, but there were 
reports that government officials employed them. Domestic law lacks a 
comprehensive definition of torture, according to the 2010 U.N. 
Committee against Torture's Concluding Observations on the country. 
Mistreatment of prisoners and detainees was barred as a matter of law 
and policy, but a lack of discipline and training resulted in 
violations, some of which were reported.
    Human rights nongovernmental organizations (NGOs) and former 
detainees and prisoners alleged that authorities employed torture and 
mistreatment. The NGO Amnesty International (AI) reported allegations 
of torture and other mistreatment by police and prison guards, 
particularly by National Security Bureau (NSB) officials, in the first 
weeks of detention. Methods cited included beatings with sticks and 
rifle butts, kicking, and prolonged suspension by the wrists. The OHCHR 
delegation visit report contained allegations of such treatment of 
civilians by several government security organizations. The OHCHR also 
reported that it appeared that opposition supporters committed acts of 
torture. The OHCHR met a pro-Saleh poet who reportedly was tortured in 
May by antigovernment supporters, and released after having his tongue 
removed for having praised the president. Similarly, some clerics who 
spoke in favor of the president were assaulted.

    Prison and Detention Center Conditions.--Local and international 
observers reported prison conditions remained poor and did not meet 
international standards. The government permitted visits to most 
facilities by independent human rights observers, although access was 
granted very arbitrarily and often depended on local supervisors' 
decisions.
    Many prisons, particularly in rural areas, were overcrowded, with 
poor sanitary conditions, inadequate food, and inadequate medical care. 
In some cases prison authorities reportedly extracted bribes from 
prisoners to obtain privileges or refused to release prisoners who had 
completed their sentences until the prisoners family members paid 
authorities.
    Approximately 11,000 prisoners (of whom 1.6 percent were female and 
1.4 percent juveniles) were held in Ministry of Interior (MOI) prisons. 
More than half of those incarcerated were either awaiting trial or were 
under remand subject to investigation. Pretrial detainees were held 
with convicted criminals. Because of poor record keeping and a lack of 
communication between prisons and the central government in Sana'a, the 
size of the prison population could only be roughly estimated.
    In some rural and women's prisons, children were held with adults. 
By custom young children and infants born in prison remained in custody 
with their mothers. Local NGOs asserted children were held with adults 
in Sana'a jails. Male and female prisoners were segregated and were 
subject to similar conditions. Segregation between adults and juveniles 
was inconsistent. Prisoners had access to potable water. Complaints to 
judicial authorities could be submitted, but the process was not 
practicable during the year because of the general breakdown in 
government services accompanying the political unrest. Prisoners and 
detainees generally had visitors and were permitted religious 
observance. Authorities granted limited access to family members of 
Political Security Office (PSO) prisoners and detainees but routinely 
denied parliamentarians and NGOs access to investigate human rights 
violation claims. The PSO argued that those denied access failed to 
comply with proper notification procedures.
    In general, there was no public evidence that authorities 
investigated credible allegations of inhumane conditions. There was no 
ombudsman to serve on behalf of prisoners and detainees. There were no 
known efforts to improve record keeping or to use alternatives to 
sentencing for nonviolent offenders. The International Committee of the 
Red Cross (ICRC) conducted multiple visits to PSO and MOI prisons. 
However, government officials denied ICRC delegates access to NSB 
prisons. The ICRC was also granted access to detention facilities 
maintained by opposition groups.
    Opposition groups and military units that defected to the 
opposition, such as the First Armored Division, maintained detention 
facilities to which ICRC delegates were granted access. In some 
instances opposition groups held detainees for alleged criminal 
violations.
    Unauthorized ``private'' prisons and detention centers in rural 
areas controlled by tribes continued to operate, holding persons 
subject to tribal justice. Tribal leaders sometimes misused the prison 
system by placing ``problem'' tribesmen in private jails, sometimes 
simply rooms in a sheikh's house to punish them for noncriminal 
actions. Persons often were detained in such circumstances for strictly 
personal or tribal reasons without trial, judicial sentencing, or other 
fundamental legal safeguards.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but the government often did not observe these 
prohibitions. Enforcement of the law was inconsistent, particularly in 
cases involving suspected security offenders and those from the 
political opposition.

    Role of the Police and Security Apparatus.--The primary state 
security and intelligence-gathering entities, the PSO and the NSB, 
report directly to the Office of the President. There was no clear 
definition of many of the NSB's duties, which have evolved from 
protecting the country from external threats to overlapping with those 
of the PSO, which is domestically focused and charged with identifying 
and combating political crimes and acts of sabotage.
    The Criminal Investigation Division reports to the MOI and 
conducted most criminal investigations and arrests. The Central 
Security Office, also a part of the MOI, maintains a Counter Terrorism 
Unit and the paramilitary CSF, which was often accused of using 
excessive force in crowd control situations.
    Units under the formal supervision of the Ministry of Defense (MOD) 
were also employed to quell domestic unrest and to participate in 
internal armed conflicts. Regular army units were engaged in fighting 
AQAP and associated groups located in Zinjibar in Abyan Governorate but 
were not used in domestic law enforcement. However, special units under 
the MOD, including the Republican Guard, were used to suppress 
demonstrations and often employed excessive force. The Republican Guard 
commander, the president's son Ahmed Ali Saleh, also commanded the 
Yemen Special Operations Forces, which, along with the Counter 
Terrorism Unit, were deployed during internal armed conflicts in Sana'a 
and Abyan with domestic counterterrorism and regime-protection 
functions.
    The CSF, Yemen Special Operations Forces, Republican Guards, NSB, 
and other security organs ostensibly reported to civilian authorities 
in the ministries of interior and defense and Office of the President. 
However, members of President Saleh's family controlled these units, 
often through unofficial channels rather than through the formal 
command structure. This fact, coupled with a lack of effective 
mechanisms to investigate and prosecute abuse and corruption, 
exacerbated the problem of impunity. There were no attempts to reform 
security forces, which were largely ineffective in preventing or 
responding to societal violence. The transition agreement implemented 
on November 23 commits the government to reorganizing the security and 
armed forces, a process started in December with the creation of a 
joint Military and Security Committee.

    Arrest Procedures and Treatment While in Detention.--The law 
provides that an individual cannot be arrested unless apprehended in a 
criminal act or served with a summons and that a detainee must be 
arraigned within 24 hours or be released. The judge or prosecuting 
attorney must inform the accused of the basis for the arrest and decide 
whether detention is required. The law stipulates a detainee may not be 
held longer than seven days without a court order. The government 
frequently did not respect these rights in practice.
    There are legal provisions for bail, but some authorities abided by 
these provisions only if they received a bribe. The law prohibits 
incommunicado detention and provides detainees the right to inform 
their families of their arrests and to decline to answer questions 
without an attorney present, but these rights were not always 
respected. The law states that the government must provide attorneys 
for indigent detainees, but in practice it often did not do so. Tribal 
mediators reportedly settled almost all rural cases without reference 
to the formal court system.
    Citizens regularly claimed security officials did not observe due 
process when arresting and detaining suspects and demonstrators. Some 
members of the security forces continued to arrest or detain persons 
for varying periods without charge, family notification, or hearings. 
Detainees were often unclear which investigating agency had arrested 
them, and the agencies frequently complicated determination by 
unofficially transferring custody of individuals among agencies. 
Security forces routinely detained relatives of fugitives as hostages 
until the suspect was located. Authorities stated they detained 
relatives only when the relatives obstructed justice. Human rights 
organizations rejected this claim.
    The U.N. Committee Against Torture expressed concern in its 2010 
Concluding Observations report about the government holding relatives 
of alleged wanted criminals.
    Although both denied it, the MOI and the PSO operated extrajudicial 
detention facilities, according to local and international NGO reports. 
Unauthorized private prisons and detention facilities also existed.

    Arbitrary Arrest.--Both government and nongovernmental groups 
commonly practiced arbitrary arrest. The number of persons arrested in 
arbitrary circumstances was difficult to estimate, as many detainees' 
names were not recorded, some detainees were never transferred to 
official detention centers, and many were arrested and released 
multiple times during the year. According to the domestic NGO Yemeni 
Human Rights Organization (HOOD), security forces repeatedly arrested 
peaceful protesters in Sana'a throughout the year.

    Pretrial Detention.--An international monitoring organization 
estimated that approximately 53 percent of MOI detainees were either 
charged and awaiting trial or being held while an investigation was 
pending. Despite the law, prolonged detention without charge--or, if 
charged, without a public preliminary judicial hearing within a 
reasonable time--were common practices. Trial delays were caused by 
judicial inefficiency, corruption, and staff shortages.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, but the judiciary was weak and not independent 
in practice, as corruption and executive branch interference severely 
hampered its operations. Litigants maintained, and the government 
acknowledged, that a judge's social ties and occasional bribery 
influenced verdicts. Many judges were poorly trained, and some were 
closely associated with the ruling party. The government's frequent 
reluctance to enforce court orders further undermined the integrity and 
efficiency of the judiciary. Members of the judiciary were threatened 
and harassed.

    Trial Procedures.--Defendants are considered innocent until proven 
guilty. Trials are generally public, but all courts may conduct closed 
sessions ``for reasons of public security or morals.'' There are no 
jury trials. Judges, who play an active role in questioning witnesses 
and the accused, adjudicate criminal cases. Defendants have the right 
to be present and to consult with an attorney in a timely manner. 
Defendants can confront or question witnesses against them and present 
witnesses and evidence on their behalf; defendants and their attorneys 
have access to government-held evidence relevant to their cases. 
Defense attorneys are allowed to counsel their clients, address the 
court, and examine witnesses and any relevant evidence. The law 
provides for the government to furnish attorneys for indigent 
defendants in serious criminal (felony) cases; in practice counsel was 
not always provided. All defendants have the right to appeal.
    A court of limited jurisdiction considers security cases. A 
specialized criminal court, the State Security Court, operates under 
different procedures with nonpublic sessions. However, it was not 
operational during the year because of persistent unrest. It was first 
established in 1999 to try persons charged with kidnapping, carjacking, 
attacking oil pipelines, and other acts considered to be a ``public 
danger.'' This court does not provide defendants with the same rights 
provided in the regular courts. Defense lawyers reportedly did not have 
full access to their clients' charges or relevant government-held 
evidence and court files.
    In addition to established courts, there is a system of tribal 
adjudication for noncriminal issues; in practice tribal judges often 
adjudicated criminal cases. Persons tried under the tribal system 
usually had not been formally charged with a crime but had been 
publicly accused. The results carried the same, if not greater, weight 
as court judgments, as tribal process was often respected by the public 
more than a formal court system seen by many as corrupt and lacking 
independence.

    Political Prisoners and Detainees.--There were reports of political 
prisoners and detainees. The government detained numerous Southern al-
Hirak secessionists for their antiregime activities and other 
demonstration leaders, journalists, persons with alleged connections to 
the Northern Houthi rebels, and mainstream proreform demonstration 
leaders for their antiregime activities. Some were held for prolonged 
periods, while many were released within days. Opposition elements, 
such as the First Armored Division, also detained for political reasons 
persons affiliated with the regime.
    Confirmation of the number and assessment of the status of 
political prisoners or detainees was difficult. The government and 
opposition elements severely restricted or barred information to and 
access by local or international humanitarian organizations, detainees 
were not publicly charged, and often their detentions were short-term. 
Absent charges, it was difficult to determine whether detainees' 
actions had gone beyond advocacy and dissent to acts of violence. The 
government also continued to detain suspects accused of links to 
terrorism, at times without due process.
    In one notable case, a leading organizer of antiregime protests, 
Tawakul Karman, head of the NGO Women Journalists without Chains, was 
arrested on January 23 (the day following the first mass 
demonstrations) in front of her home in Sana'a. After widespread public 
outcry, she was released the next day without charge. The incident 
sparked increasing momentum in the growing youth opposition movement. 
Brief detentions were also used to harass leaders of opposition 
parties, such as Hassan Zaid, secretary general of the al-Haq Party, 
who was arrested on July 5. His captors, allegedly from the NSB, 
released him hours later without comment or charge (see section 3).
    According to a local human rights organization, the government 
arbitrarily imprisoned persons for human rights advocacy. One activist, 
Walid Sharafuddin, was arrested in 2009 on charges of supporting the 
Houthis and spying for Iran. His attorney alleged that the PSO tortured 
him during his detention. Sharafuddin's trial, begun in December 2010, 
was characterized by serious procedural abuses. At year's end he 
remained in detention without having received a fair trial.

    Civil Judicial Procedures and Remedies.--The law provides a limited 
ability to pursue civil remedies for human rights violations as tort 
claims against private persons. There were no reports of such efforts 
during the year. Citizens cannot sue the government directly, but may 
petition the public prosecutor to initiate an investigation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such action, but PSO, NSB, and MOI 
personnel, claiming justification for security reasons, routinely 
searched homes and private offices, monitored telephone calls, read 
personal mail and e-mail, and otherwise intruded into personal matters. 
Human rights organizations claimed security forces undertook such 
activities without legally issued warrants or judicial supervision. The 
PSO and MOI rejected these claims. The PSO stated its policies require 
the attorney general personally to authorize monitoring of telephone 
calls and reading of personal mail and e-mail. The PSO reported that to 
do a house search, it first obtains a warrant and a signed 
certification by an appointed ``head of the neighborhood,'' and two 
neighbors who serve as witnesses accompany officers on the search. 
However, human rights organization claimed that these heads of the 
neighborhood lacked independence and were typically connected to the 
PSO.
    The law prohibits arrests or the serving of a subpoena between 
sundown and dawn, but persons suspected of crimes were reportedly taken 
from their homes without warrants in the middle of the night.
    No citizen may marry a foreigner without permission from the MOI, 
under a regulation that was often enforced. The regulation was enforced 
in response to a form of sex tourism in which significant numbers of 
foreigners, especially Saudis, married women ``temporarily'' (as is 
possible under Islamic law) and then departed the country after a short 
period of time, leaving the Yemeni spouse without means of support (see 
section 6, Women). The MOI typically approved marriages to foreigners, 
if the foreigner provided a letter from his or her embassy stating that 
the source country had no objection to the marriage.
    Security forces routinely detained relatives of fugitives as 
hostages until the suspect was located. In other cases, detention of 
family members continued while the families negotiated compensation for 
the alleged wrongdoing.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
There were several major internal conflicts during the year. The use of 
excessive force and other abuses by all parties was reported in all 
conflict areas.
    Clashes occurred in the center of the country, near the capital, 
including in the districts of Arhab and Nihm, not far from the Sana'a 
airport and near Ta'iz. Participants were government units, including 
the CSF, Republican Guards, and Yemeni Special Operations Forces, and 
progovernment tribal proxies. Their opponents were tribal fighters, 
including tribesmen aligned with the al-Ahmar family in Sana'a and with 
Sheikh Hamud al-Mikhlafi in Ta'iz, and the First Armored Division after 
its defection in March.
    In the South the army and air force were deployed to combat an 
insurgency in Abyan Governorate waged by AQAP and affiliated militants, 
which had taken over the governorate's capital of Zinjibar.
    In the North, tribes affiliated with the Shia Houthi movement in 
the governorates of Sa'ada and al-Jawf engaged in armed conflict with 
tribesmen affiliated with the conservative Islamic and tribal 
opposition party, al-Islah, as well as Salafist groups.

    Killings.--The conflict in the South between opposition and 
government forces and their proxies in Sana'a and Ta'iz took place in 
heavily populated urban areas. Although casualty estimates were 
difficult to verify, one local organization affiliated with the 
opposition estimated 1,000 dead as a result of the clashes. The 
government used heavy machine guns, rocket-propelled grenades, mortars, 
artillery, and tanks in an indiscriminate manner, resulting in hundreds 
of noncombatant deaths. Opposition tribesmen and military units that 
had defected similarly used excessive force, resulting in a substantial 
number of deaths. Republican Guard forces under the command of 
Brigadier General Murad al-Awbali, in coordination with the local head 
of security, Abdullah Qairan, intentionally shelled nonmilitary targets 
in Ta'iz, including demonstration sites and the offices of opposition 
parties and affiliated NGOs, resulting in deaths and substantial 
property damage. Such shelling occurred repeatedly during the year, 
including an incident on November 11 in which government shelling 
reportedly killed 15 civilians. Many opposition casualties were brought 
to al-Rawda Hospital before it, too, was shelled, forcing the 
hospital's evacuation.
    The government also employed air strikes against rebellious tribes 
in Nihm and Arhab. Human rights observers and local residents accused 
the government of targeting villages of these tribesmen in both areas 
with aerial bombardment, leading to significant noncombatant 
casualties. The government also employed air strikes against AQAP and 
affiliated insurgents in Abyan, with some strikes hitting civilian 
areas. Although some accused the government of intentionally striking 
civilians in Abyan, most if not all noncombatant casualties from these 
bombardments were attributed to a lack of air force training and 
technical capability.
    Terrorist activity attributed to AQAP continued throughout the 
year. AQAP targeted civilians in Zinjibar, Aden, and the northern 
governorates of al-Jawf and Sa'ada, resulting in numerous civilian 
casualties. Although a tentative ceasefire between the government and 
Houthis led to a decrease in violence in the northern governorates, 
clashes persisted during the year between Houthis and Salafists.

    Abductions.--Opposition tribal elements, particularly those 
associated with Sadiq and Hamid al-Ahmar, and the breakaway First 
Armored Division commanded by Ali Muhsin al-Ahmar, abducted government 
loyalists to enhance their negotiating positions. For example, First 
Armored Division soldiers held President Saleh's interpreter, Mohammad 
Sudam, and the son of the governor of Ta'iz, member of parliament Sudam 
al-Sufi, before releasing them in a prisoner exchange with the 
government. Opposition activists were also reportedly abducted by pro-
Saleh civilians and government forces during armed conflict and held 
for short periods.

    Child Soldiers.--Although law and policy expressly forbid the 
practice, persons under 18 directly participated in armed conflict 
during the year, on behalf of government, tribes, and opposition 
forces. During the year young armed personnel were observed in the 
ranks of the CSF, Republican Guard, and the opposition First Armored 
Division. Their precise ages could not be verified. The number of young 
soldiers appeared to increase during the year as pro- and 
antigovernment military units recruited tribesmen directly into their 
ranks.
    Tribal members under 18 years of age routinely fought as part of 
tribal opposition or government proxies. Tribal child soldiers were not 
forcibly recruited. Carrying arms is a central component of identity 
and adulthood in tribal society and is expected of all tribesmen as 
young as age 12. Combatants as young as 13 reportedly engaged in 
conflict for both the opposition and government tribal proxies. Also 
see the Department of State's annual Trafficking in Persons Report at 
www.state.gov/j/tip.

    Other Conflict-Related Abuses.--Medical facilities were also 
targets. On May 29, the Republican Guard reportedly raided a medical 
facility in Ta'iz and evicted civilian patients during its attack on 
demonstrators. Opposition activists accused the government of 
conducting the raid to intentionally deny medical treatment to 
activists injured during the assault. During the September 18 clashes 
in Sana'a, both the opposition and government positioned snipers in the 
Republican Hospital. On November 11, government forces also shelled Al 
Rawda Hospital in Ta'iz, in which opposition casualties were seeking 
treatment.
    The opposition First Armored Division reportedly used noncombatant 
and unarmed opposition demonstrators to provide cover for combatant 
advances in Sana'a. Figures associated with First Armored Division 
commander Ali Muhsin al-Ahmar reportedly encouraged demonstrators to 
march towards government forces deployed on government ``redlines'' in 
Sana'a to provoke a response, enabling the First Armored Division to 
expand its area of control under the guise of protecting demonstrators 
from government attacks. The most significant such incident took place 
on September 18 in central Sana'a, when youth activists marched to an 
intersection near the office of Ahmed Saleh, the president's son and 
head of the Republican Guard. Security forces, including the CSF, 
reacted with excessive force, killing dozens of protesters with live 
fire. The First Armored Division counterattacked, escalating the 
incident into a force-on-force clash, and expanded its area of control.
    The government deliberately obstructed food and medical assistance 
to internally displaced persons (IDPs) in Houthi-held areas of Sa'ada 
Governorate during a six-year conflict prior to a February 2010 
ceasefire and did so again after the Houthis joined the opposition and 
took control of Sa'ada Governorate in March. Clashes spread to 
neighboring Al-Jawf Governorate in July with hostilities continuing in 
both governorates into the fall. Houthi rebels obstructed the delivery 
of humanitarian assistance, allowing delivery of goods and services 
only under strict Houthi control. The government reportedly countered 
these allegations by claiming that relief convoys with humanitarian 
assistance did not deliver the aid because the Houthi rebels looted the 
convoys.
    A particularly difficult situation arose in the town of Damaj, a 
few miles outside of Sa'ada. Zaidi-Shia Houthis who controlled Sa'ada 
Govenorate after March, had a long-standing, low-level conflict with 
Sunni Salafists, who run an intellectual center in Damaj's Dar al-
Hadith religious school - commonly referred to as the Damaj Institute - 
a leading center of Salafist learning and home to an estimated 10,000 
Salafist students and their family members. In October the Houthis 
imposed a blockade on the town and obstructed the delivery of food and 
medicine, claiming that the thwarted deliveries contained weapons. The 
Houthis demanded that the Salafists in Damaj give up their weapons and 
expel the estimated thousands of non-Yemeni students studying at the 
Damaj Institute. In the weeks following the siege, fighting in and 
around Damaj led to dozens of deaths and injuries on both sides. On 
December 2, ICRC-supplied food aid was allowed to enter Damaj, but 
obstacles to the delivery of humanitarian assistance 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 constitution provides for freedom of speech and press 
``within the limits of the law"; however, the government did not fully 
respect these rights in practice.

    Freedom of Speech.--The government attempted to impede criticism, 
such as by monitoring Friday sermons at mosques. In one incident, one 
week after a prominent imam at Al-Fardos Mosque in Sana'a criticized 
President Saleh, government officials unsuccessfully attempted to 
replace him with a new imam. On October 23, government media accused 
the same imam of firing a missile that killed a child in a residential 
neighborhood in north Sana'a. Similarly, some clerics who spoke in 
favor of the president were assaulted, as reported by the OHCHR 
delegation.

    Freedom of Press.--The government limited press freedom, including 
by confiscating copies of newspapers, harassing journalists, and 
banning media outlets. The 1990 Press and Publication Law criminalizes 
criticism of the ``person of the head of state,'' although not 
necessarily ``constructive'' criticism; the publication of ``false 
information'' that may spread ``chaos and confusion in the country"; 
and ``false stories intended to damage Arab and friendly countries or 
their relations'' with the country. The press law specifies newspapers 
and magazines must apply annually to the government for licensing 
renewal and must show continuing evidence of 700,000 riyals ($3,286) in 
operating capital. There were reports that authorities made the 
registration process bureaucratically difficult for opposition figures 
or organizations, while progovernment newspapers received licenses 
quickly.
    Opposition groups also participated in inhibiting freedom of the 
press. On October 20, a soldier in the opposition First Armored 
Division opened fire on Jamal Ezz al-Deen, a correspondent for Qatar TV 
covering the opposition protests.

    Violence and Harassment.--Journalists were subjected to arrest and 
imprisonment, physical attack, intimidation, and deportation by the 
government due to their reporting. Three journalists were killed since 
the protests started. On March 18, Jamal Al-Sharabi, a photographer for 
Al-Masdar, and Mohamed Yahia Al-Malayia, a correspondent for Al-Salam, 
were killed when gunmen identified as government-linked opened fire on 
a peaceful demonstration outside the university in Change Square in 
Sana'a (see section 1.a.). On September 24, Al-Hurra TV cameraman 
Hassan al-Wadhaf died from an injury sustained when men in civilian 
clothing fired on an antigovernment demonstration he was filming.
    Throughout the year human rights activists and journalists reported 
receiving repeated threatening telephone calls day and night. Activists 
and journalists considered these calls to be attempts by authorities to 
intimidate them from speaking out about southern political discontent 
and dissatisfaction with the Saleh regime. For example, opposition 
activist and 2011 Nobel laureate Tawakul Karman repeatedly received 
threats of kidnapping and violence directed at her, her husband, and 
her children.
    Buildings belonging to media outlets, both pro- and antigovernment, 
were subject to attack throughout the year. On May 24, opposition 
forces shelled the building housing the government's Saba News Agency, 
which was later destroyed by fire. On May 25, government forces shelled 
a building belonging to opposition Suhail TV; they shelled it again on 
October 15.
    The government selected items for news broadcasts and rarely 
permitted broadcasts critical of the government. The government 
televised parliamentary debates and occasionally permitted broadcasts 
including aggressive criticism of ministries. On March 24, government 
authorities ordered Al-Jazeera television's office closed and its 
journalists' accreditation withdrawn. Deputy Information Minister Abdo 
al-Janadi stated that Al-Jazeera's coverage ``incites revolutions.'' 
Al-Jazeera continued to operate in Yemen, but, because of a lack of 
accreditation, reporters were not free to move around the country or 
throughout Sana'a or Ta'iz, where they were located at the end of the 
year.

    Censorship or Content Restrictions.--Unlike in 2010 the government 
did not censor media content prior to publication. Nonetheless, 
journalists and publishers self-censored political and socially 
sensitive items in an effort to avoid harassment, and other problems 
with the government, as well as self-censored socially problematic 
items such as women's rights.
    The Ministry of Information influenced the media through control of 
printing presses, subsidies to newspapers, and government ownership of 
the country's television and radio outlets, although two private Yemeni 
satellite television stations based outside the country were also 
popular. The government's control of most printing presses caused 
independent and opposition press that used government presses, such as 
independent Al-Masdar, to exercise self-censorship.
    The security apparatus, including the NSB and military units, 
threatened and harassed journalists to influence media coverage. The 
government denied that the media were subject to censorship by any 
security apparatus.
    The government penalized those who published items contrary to 
government guidelines by regularly confiscating copies of newspapers 
and magazines, usually at checkpoints. Seizures prevented independent 
and opposition print media from reaching areas outside the cities in 
which they were printed. Several small newspapers ceased publication 
because of financial difficulties stemming from confiscation of their 
papers, including Al-Masdar, Al-Dyar, and Al-Nida. On May 19, 
authorities at a checkpoint confiscated 12,000 copies of Al-Oula 
newspaper.
    At times customs officials confiscated foreign publications they 
regarded as pornographic or objectionable due to religious or political 
content. During the year there were reports that authorities monitored 
foreign publications and banned those deemed harmful to national 
interests.
    The government required book authors to obtain certification from 
the Ministry of Culture for publication and to submit copies to the 
ministry. Publishers sometimes refused to deal with an author who had 
not obtained certification. The ministry approved most books, but long 
delays were frequent. Both the ministry and the PSO monitored and 
sometimes removed books from stores. A ban continued on publishers 
distributing books that espoused Zaydi Shia Islamic doctrine or were 
deemed pornographic.

    Internet Freedom.--The government restricted Internet use by 
intermittently blocking access to some political and religious Web 
sites. There were credible reports that the government monitored e-mail 
and Internet chat rooms, especially those related to planned 
demonstrations, but social media versatility outpaced the government's 
surveillance capacity. Government blocks were easily bypassed, while 
social media sites such as Twitter used by opposition groups were not 
blocked at all. Although access to the Internet was limited by scarcity 
of electric power, social media sites successfully advertised marches.
    During the year the government reportedly blocked for extended 
periods a number of independent and opposition news Web sites, such as 
Yemenat.net, alEshteraki.net, YemenPortal.net, and Mareb Press, as well 
as the Web site of independent newspaper Al-Masdar. It also allegedly 
blocked and changed content on independent Web site YemenOnline.
    Physical attacks against Internet journalists continued, along with 
government harassment, including threats against journalists and their 
families, brief imprisonment, and personal surveillance. Fuad Rashed, 
editor of opposition news Web site Mukalla Press, was arrested in 
Mukalla in Hadramaut Governorate on January 10. He was freed after 11 
days.
    The government limited the Internet content its citizens could 
access through commercially available filtering technology and control 
of its two Internet service providers, TeleYemen (operators of the 
service YNET) and YemenNet, via the Ministry of Telecommunications and 
Information Technology. Human rights organizations and other NGOs 
reported the government restricted what journalists wrote and how 
citizens used the Internet through a variety of intimidation tactics.

    Academic Freedom and Cultural Events.--The government restricted 
academic freedom, nominally to prevent the politicization of university 
campuses. Political parties frequently attempted to influence academic 
appointments as well as university faculty and student elections. 
During the year security officials were present on university campuses 
and at intellectual forums. PSO representatives had permanent offices 
on the campuses. Authorities reviewed prospective university professors 
and administrators for political acceptability before hiring them and 
commonly showed favoritism toward supporters of the ruling General 
People's Congress (GPC) party.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, although it 
requires a permit for demonstrations. After the ``Arab Spring'' 
protests began in Yemen in late January, the government increased in 
practice the already substantial limitations on this right. The 
government banned and disrupted demonstrations, in many cases resorting 
to excessive force (see section 1.a.). The government also used 
nonlethal means to suppress demonstrations, but often moved quickly to 
aggressive tactics, such as the use of water cannons and tear gas. The 
government continued to use expired tear gas as well as CN gas, despite 
receiving credible reports of serious medical complications. According 
to the U.N., government security services also reportedly used water 
cannons with contaminated water in Sana'a, Ta'iz, and Aden.
    In the first three months of the year, the southern secessionist 
Al-Hirak, a diffuse protest movement spread across the southern 
governorates, largely continued demonstrations, as it had since 2007, 
calling for secession of the region (previously the People's Democratic 
Republic of Yemen) from the central government in Sana'a. From March 
onward, Al-Hirak protesters adopted rhetoric similar to that of 
antiregime demonstrators throughout the country.
    Early in the year, the government conducted mass arrest campaigns 
before and during southern protest movement demonstrations. The 
government claimed that it was responding to violent acts on the part 
of some demonstrators. The Al-Hirak demonstrations were met with 
excessive force, particularly in Aden during the tenure of Abdullah 
Qairan as chief of security in Aden. Demonstrations and clashes with 
government security services subsided in March, following Qairan's 
removal from his post.

    Freedom of Association.--The law provides for freedom of 
association, and while the government nominally respected this right in 
practice, the ruling party retained control of professional 
associations through subsidies and by influencing internal elections. 
Associations and NGOs operated openly, but with some governmental 
restrictions (see section 5). The government cooperated to varying 
degrees depending on the issues with the country's more than 6,000 
civil society organizations, including human rights NGOs, and generally 
facilitated the work of those that were nonpolitical or were allied 
with the ruling party.

    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, and the government generally respected these rights in 
practice, with some restrictions. 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 IDPs, refugees, returning refugees, asylum seekers, stateless 
persons, and other persons of concern. Although, according to the 
UNHRC, the country's laws and policies were consistent with 
international standards, the government's capacity to protect and 
assist persons in need was limited. The UNHRC country operations 
profile noted that as of August, public services in most parts of the 
country had ``ceased to function.''

    In-Country Movement.--The government also at times restricted 
domestic travel by refusing to issue travel permits to conflict areas, 
and the army, security forces, and nongovernment tribesmen maintained 
checkpoints on major roads. Societal discrimination severely restricted 
women's freedom of movement. Women did not enjoy freedom of movement, 
although recent protest movements expanded exercise of these rights in 
practice. One local study suggested that as many as one in four women 
suffered from several restrictions upon their mobility, which some 
observers believe may be attributable to inwardness and village-centric 
social norms that put pressure on anyone from leaving, as well as to 
gender-specific restrictions. During the year authorities reportedly 
turned back several women at the airport because they did not have the 
permission of a male relative. Security officials at government 
checkpoints often required immigrants and refugees traveling within the 
country to show they possessed resident status or refugee 
identification cards. There were reports that at times local officials 
did not honor official documents. In many areas, especially in the 
northern areas affected by the Houthi rebels, armed tribesmen 
frequently restricted freedom of movement, operating their own 
checkpoints, sometimes with military or other security officials, and 
often subjecting travelers to physical harassment, extortion, theft, or 
short-term kidnappings for ransom.

    Foreign Travel.--The law requires women to have permission of a 
husband or male relative before applying for a passport or leaving the 
country. A husband or male relative could bar a woman from leaving the 
country, and authorities strictly enforced this requirement when women 
traveled with children. The government limited the movement of foreign 
tourists and other foreigners, who were required to obtain exit visas 
before leaving the country.

    Internally Displaced Persons (IDPs).--Within its very limited 
capacity, the government provided protection and assistance to IDPs, 
mainly by facilitating international groups' humanitarian efforts 
within the limits drawn by assessment of the local security situation. 
While effects of the fragmented political system through most of the 
year reduced attention and resources for IDPs, the government still 
aimed to promote IDPs' safe, voluntary return or local integration 
through laws and policies in accordance with the U.N. Guiding 
Principles on Internal Displacement.
    According to the UNHRC and the U.N. Office for the Coordination of 
Humanitarian Affairs, there were more than 463,000 IDPs in Yemen at the 
end of the year, all of whom were displaced by internal armed 
conflicts. Approximately 75 percent were in the Sa'ada and Hajja 
governorates in the North related to the long-running government-Houthi 
conflict. More than 150,000 persons became newly displaced during the 
year, according to the UNHRC.
    As the year began, displacement had stabilized in the North since a 
February 2010 ceasefire after six years of fighting between the 
government and Houthi rebels in the northern Sa'ada Governorate. 
However, as clashes increased in the early months of the year between 
the opposition and the government, Houthi rebels gained de facto 
control of Sa'ada Governorate, where the government retained no 
authority at year's end.
    In the North humanitarian organizations' access to IDPs varied by 
region and remained problematic through year's end because of the poor 
security situation. Inaccessibility prevented humanitarian assistance 
from reaching IDPs in certain districts of Al Jawf and Amran 
governorates. At times both the government and Houthi rebels limited 
access to the region, preventing food, medical supplies, and other 
assistance from reaching IDPs. In contrast with prior years, however, 
humanitarian agencies were able to access most parts of Sa'ada 
Governorate, although with significant limitations imposed by Houthi 
rebels.
    In the South the conflict in Abyan Governorate between the 
government and AQAP and affiliated militants led to an increase in 
IDPs. Inaccessibility due to poor security prevented humanitarian 
assistance from reaching some parts of Abyan, Lahj, and Shabwah 
governorates.
    Although some IDPs lived in official camps, most took shelter in 
scattered settlements, including with host families and relatives in 
communities, under trees and bridges, and in school buildings. 
Journalists reported many IDPs were starving and lacked basic 
requirements such as clean water, food, medicine, and sanitation 
systems. Surveys completed by the World Food Program and other 
international organizations throughout the country found elevated rates 
of acute malnutrition among displaced and other vulnerable children.

    Protection of Refugees.--Access to Asylum.--There is no law 
addressing the granting of refugee status or asylum, and the government 
has not established a system for providing protection to refugees. The 
government has no ability to conduct refugee status determinations on 
its own. The government continued to grant prima facie refugee status 
to Somalis who arrived in the country after 1991. Of the UNHRC-
estimated 211,000 refugees in October 2011, approximately 95 percent 
were Somalis. The UNHRC conducts individual refugee status 
determinations; however, the government did not consistently allow the 
UNHRC to perform determinations for non-Somalis whom they considered 
economic migrants.

    Nonrefoulement.--Ethiopians made up the majority of new arrivals in 
Yemen in 2011. Of approximately 85,000 migrants and asylum seekers 
recorded making the journey across the Gulf of Aden through October, 
approximately two-thirds were Ethiopian. Ethiopian and Eritrean asylum 
seekers were detained, generally without UNHRC access, and deported as 
economic migrants.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully through periodic elections based on universal suffrage, but 
the exercise of this right was limited in practice. The most recent 
elections, the 2006 presidential and local elections, were not 
generally considered free and fair.

    Elections and Political Participation.--Recent Elections.--
Parliamentary elections scheduled for April 2009 were postponed for two 
years in an agreement the ruling GPC Party and the coalition of six 
opposition parties, the Joint Meeting Parties (JMP), signed in February 
2009 after the two sides failed to agree on electoral reform. Following 
the outbreak of widespread opposition demonstrations in January, the 
JMP joined in calling for President Saleh's immediate removal from 
power. The parliamentary elections scheduled for April were not held, 
causing the parliament's constitutional mandate to expire. After April 
the parliament failed to attain a quorum until December 10, following 
President Saleh's November 23 endorsement of an international 
transition agreement.
    Ali Abdullah Saleh won a seven-year term in the 2006 election, the 
country's second nationwide direct presidential race, securing 77 
percent of the votes. International and local observers widely viewed 
the Supreme Commission for Elections and Referenda (SCER), which 
administers and monitors elections, as biased towards the ruling GPC. 
In response to growing opposition agitation, President Saleh replaced 
the SCER's membership with ostensibly nonpartisan judges in January.
    International NGOs and the EU observer mission characterized the 
2006 election positively relative to prior elections, but the EU 
mission noted that the GPC had an unfair electoral advantage because 
the state put significant resources at the disposal of GPC candidates 
for their campaigns.
    As reported by NGOs, poorly trained administrative staff, 
registration of a large number of underage and dead voters, and 
interference by security officials marred the 2006 voter registration 
process. The JMP boycotted the registration process due to allegations 
of SCER bias. The SCER therefore recruited voter registration staff on 
short notice and without meaningful training.
    Opposition parties or local constituencies never received a 
searchable electronic copy of the registration list to enable them to 
verify voter lists before the election. There were reports the SCER 
mistakenly removed eligible voters from lists in several 
constituencies. Many constituencies were redistricted a month before 
the election with new boundaries widely viewed as favoring the ruling 
party.

    Political Parties.--The law mandates that political parties be 
national organizations that cannot restrict their membership to a 
particular region, tribe, religious sect, class, or profession. 
Although there were instances of government harassment of opposition 
party officials such as the secretary-general of the al-Haq Party, 
political parties for the most part operated without restriction or 
outside interference. The constitution prohibits the establishment of 
parties that are contrary to Islam, ``oppose the goals of the country's 
revolutions,'' or violate the country's international commitments.
    The ruling GPC has been the dominant party since unification. 
Tribalism distorted political participation and influenced the central 
government's composition. Observers noted individuals often were 
selected to run for office or given jobs in particular ministries based 
on tribal affiliation. Patriarchal systems dominated in tribal areas, 
so that some tribal leaders reportedly were able to influence tribal 
members' votes.
    Although there were no formal restrictions limiting opposition 
participation, the government made it difficult for some parties to 
organize. At year's end the government continued to hold substantial 
assets of the former ruling party in South Yemen, the opposition Yemeni 
Socialist Party, including land and buildings seized after the 1994 
civil war.
    In 2007 the government announced the dissolution of the al-Haq 
Party for having reportedly violated the law on political parties, 
although the party continued to operate without government sanction. 
Civil society observers claimed the government abolished the party 
because of its affiliation with the Houthi rebels and for its appeal to 
Zaydi Shia. The leader of the al-Haq Party, Hassan Zaid, claimed that 
he received death threats and was harassed by government officials, 
including an incident on July 5 when alleged NSB officers detained him 
(see section 1.d.).

    Participation of Women and Minorities.--Women voted and held 
office, but societal discrimination limited their exercise of these 
rights, and largely excluded women from any meaningful participation in 
formal political decision-making. However, women became increasingly 
active politically during the Arab Spring. There was one woman in the 
301-seat parliament. There were two women in the cabinet at the 
beginning of the year, the minister of human rights and the minister of 
social affairs and labor, although the minister of human rights, Huda 
al-Ban, resigned, protesting the March 18 violence against 
demonstrators by the government. Following the December 10 formation of 
the 35-member National Consensus Government, there were three women 
ministers: the minister of social affairs and labor, the minister of 
state of cabinet affairs, and a new minister of human rights, Huria 
Mashour. In the 2006 elections, 164 women competed in local and 
provincial council elections, and 38 won seats. Women's rights 
activists and female parliamentary candidates accused the ruling party 
and authorities of rigging the 2006 elections against women.
    Women, such as 2011 Nobel Laureate Tawakul Karman, a leading 
organizer of youth demonstrations, played an increasingly important 
role in opposition movements. The opposition movement--independent of 
the formal opposition parties--formed leadership committees and 
councils that had membership quotas for women to promote participation. 
Similarly, the National Council, an umbrella group with independent 
oppositionists as well as leaders of the opposition parties, reserved a 
portion of its membership and leadership positions for women. Women 
participated robustly and visibly in demonstrations in major cities 
throughout the country. They marched alongside men and maintained a 
constant presence at opposition sit-in sites nationwide, often sleeping 
overnight in tents in the protest ``squares.''
Section 4. Official Corruption and Government Transparency
    The law provides criminal penalties for official corruption; 
however, the government did not implement the law effectively, and 
officials frequently engaged in corrupt practices with impunity. 
According to Article 136 of the constitution, a criminal investigation 
may not be conducted on a deputy minister or official of higher rank 
without first securing a one-fifth approval vote in parliament. 
Subsequently, it requires a two-thirds parliamentary vote and 
presidential permission to bring the results of a criminal 
investigation to the general prosecutor for indictment, which in 
essence creates a separate legal system for the political elite. The 
procedure was not used during the year and was infrequently employed in 
prior years.
    Analyses by impartial international observers reinforced the 
validity of the common perception within and outside the country that 
there was a serious corruption problem in every branch and level of 
government. International observers presumed that government officials 
and parliamentarians benefited from insider arrangements, embezzlement, 
and bribes. Political leaders and governmental agencies took negligible 
action to combat corruption.
    Corruption and impunity were serious problems throughout the 
military-security establishment and intelligence bureaucracy. There 
were no public governmental investigations of corruption in these areas 
during the year. Some police stations reportedly maintained an internal 
affairs section to investigate security force abuses, and citizens had 
the right to file complaints with the Prosecutor's Office. Enforcement 
of this right was inconsistent, and there were no effective 
investigations reported. The Ministry of Interior had a fax line for 
citizens to file claims of abuse for investigation. There was no 
available information on how many fax complaints were received or 
investigated.
    Government procurement was regularly affected by corruption. 
Between September 2009 and January, the High Tender Board (HTB), 
created in 2007 to monitor government procurement, reviewed legal 
compliance of 103 government tenders up to 213 million riyals (one 
million dollars). The HTB found 21 cases noncompliant. Its findings 
were publicly available.
    The Central Organization for Control and Audit (COCA) is the 
national auditing agency for public expenditures and investigative body 
for corruption. COCA presented its reports to parliament but did not 
make them publicly available. The president appointed its top 
officials. In cases involving high-level officials, COCA submitted 
reports directly to the president, who had the power to veto them. Only 
low-ranking officials have been prosecuted for corruption since COCA's 
inception in 1999. The actual extent of corruption was generally 
considered significantly greater than what was reported confidentially 
to parliament.
    The culture of corruption was pervasive, and petty corruption was 
widely reported in nearly every government office. Job candidates often 
were expected to purchase their positions. Tax inspectors were believed 
to undervalue assessments and pocket the difference. Many government 
officials received salaries for jobs they did not perform or multiple 
salaries for the same job.
    The independent Supreme National Authority for Combating Corruption 
(SNACC) was formed to receive complaints and develop programs to raise 
awareness of corruption, and includes a council of government, civil 
society, and private sector representatives. Members manage publicity 
campaigns in sectors such as media, criminal investigations, and 
contracts as part of a national strategy for combating corruption.
    During the year the SNACC considered 241 complaints, of which 107 
were referred to other jurisdictions and 76 were under investigation. 
Nine SNACC-referred cases remained under investigation in the Attorney 
General's Office and 10 were pending in court. Sentences were handed 
down in six SNACC-originated cases. The SNACC received 10 cases of 
failure of public officials to file asset declarations; none were 
referred to the Attorney General's Office.
    Yemen Parliamentarians Against Corruption (Yemen PAC), the local 
branch of Arab PAC, is part of a network of parliamentarians organized 
to combat corruption. It was founded in 2006 to stimulate legislative 
branch action to fight corruption. Without any legal mandate, Yemen PAC 
monitored the activities of anticorruption institutions like the SNACC 
and provided limited, unofficial oversight for their activities. It 
also attempted to push anticorruption laws through parliament. As part 
of a transitional National Consensus Government, Yemen PAC's head 
Sakher Wajeeya was sworn in as minister of finance on December 10.
    The press and publications law provides for journalists to have 
some access to government reports and information; in practice the 
government offered few procedures that could ensure transparency. The 
law requires public disclosure of government officials' assets, and the 
government provided limited information via the Internet.
Section 5. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operated with 
varying degrees of government restriction. Groups investigated human 
rights cases with little constraint and published their findings in 
international, regional, and local media. However, they reported that 
government officials were frequently uncooperative and unresponsive to 
their views and requests for information.
    The law regulates associations and foundations and outlines the 
establishment and activities of NGOs. The law exempts NGOs from taxes 
and tariffs and requires the government to provide a reason for denying 
an NGO registration, for example, if it perceives an NGO's activities 
as ``detrimental'' to the state. Registration is required on an annual 
basis. The law also forbids NGOs from being involved in political or 
religious activities. The law permits some foreign funding of NGOs and 
requires government observation of NGO internal elections.
    In April the law governing associations and foundations was amended 
to provide for additional restrictions on the ability of international 
NGOs to operate, including approval requirements and oversight by the 
Ministry of Planning and International Cooperation. However, 
parliament's term had expired, and the president disbanded the cabinet, 
although it continued operating in a ``caretaker'' status until the 
National Consensus Government's cabinet was formed on December 10. In 
these circumstances the government did not attempt to enforce the new 
amendments.
    Although limited by the turbulent political and security situation, 
domestic human rights NGOs continued to operate throughout the year. 
The government met with and responded to them to varying degrees, often 
arbitrarily. The operational landscape for human rights related-NGOs 
was complex, as the government provided stipends and registration 
approval to all NGOs. However, the government reportedly denied or 
delayed annual registration and subsidies of some NGOs critical of the 
government. In addition, the government used arbitrary detention to 
intimidate NGOs and media outlets critical of the government. Security 
services detained the director of the human rights NGO HOOD on multiple 
occasions during the year. Reportedly, progovernment NGOs received 
support from the ruling party and the government, while others received 
support from opposition political parties. Still others maintained 
neutrality and accepted no funding from political parties.
    Some NGOs limited their activities to avoid government attention. 
The government requires NGOs to register annually or be declared 
illegal, but NGOs that were not granted licenses nevertheless continued 
to operate. In some instances the government reportedly registered 
progovernment ``clone'' versions of an NGO, recognizing the clone as 
the legitimate NGO, thereby preventing the original NGO from renewing 
its registration under its original name. In such cases registration 
applications had to be resubmitted under a new name. The government 
reportedly used financial reviews as a pretext to harass or close NGOs
    Due to the civil unrest, the government at times limited access by 
international human rights organizations, usually citing security 
concerns, although the government cooperated with the OHCHR delegation 
during its June 28-July 6 visit. AI, Human Rights Watch, an EU 
parliamentary delegation, and the international NGO Committee to 
Protect Journalists received limited access to records, information on 
detention centers, and prisons in order to publish articles and reports 
on various Web sites.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal rights and equal opportunity for all 
citizens; however, the government did not consistently enforce the law. 
Discrimination based on race, gender, and disability remained serious 
problems. One group, the marginalized Akhdam community, faced societal 
discrimination based on social status. Societal discrimination severely 
limited women's ability to exercise equal rights.

    Women.--Rape and Domestic Violence.--The law criminalizes rape, 
although spousal rape is not criminalized because a woman may not 
refuse sexual relations with her husband. The government did not 
effectively enforce the law. The punishment for rape is imprisonment 
for up to 15 years; however, the maximum sentence was not imposed. 
There were no reliable statistics on the number of rapes.
    Most rape victims did not report the crime for fear of ``shaming'' 
the family and incurring violent retaliation. Rape victims were 
reportedly prosecuted on charges of fornication after the perpetrator 
was not charged. According to the law, without a confession the defense 
must provide four female or two male witnesses to the crime. Flagrant 
corruption often hindered investigations.
    The law provides women with protection against domestic violence 
under the general rubric of protecting persons against violence, but it 
was ineffectively enforced. Although spousal abuse occurred, it 
generally was undocumented. Courts were largely viewed as corrupt, 
while tribal customary law was seen to be more effective and more 
likely to present a better outcome for women complainants, because 
violence against women and children was considered a family affair and 
usually went unreported to police. Due to social pressures, an abused 
woman was expected to take her complaint to a male relative (rather 
than to authorities) to intercede on her behalf or provide sanctuary.
    A small shelter for battered women in Aden assisted victims, and 
telephone hotlines operated with moderate success in Aden and Sana'a, 
but the large majority of Yemenis live in rural areas without such 
access.
    The media and women's rights activists continued to investigate and 
report on violations of women's rights. During the year NGOs sponsored 
several women's rights conferences dealing with matters such as 
violence against women, increasing the political representation of 
women, and economic empowerment. The Ministry of Information broadcast 
programs on official television and radio stations promoting women's 
rights but avoided sensitive women's rights' topics such as forced 
marriage and illiteracy.

    Harmful Traditional Practices.--The penal code allows leniency for 
persons guilty of committing an honor crime, violent assault, or 
killing committed against women for perceived ``immodest'' or 
``defiant'' behavior. The law does not address other types of honor 
crimes, including beatings, forced isolation, imprisonment, and forced 
early marriage. The law regarding violence against women states a man 
should be executed if convicted of killing a woman. However, a husband 
who kills his wife and her lover may receive a substantially reduced 
sentence. Criminal sanction for spousal violence was rare. Like all 
murders and serious crimes, violence against women was usually handled 
through the tribal arbitration process rather than through the criminal 
courts. Local female tribal experts have argued that tribal arbitration 
is fairer for women, and was often preferred to the courts for that 
reason.
    The law prohibits FGM, but, according to a 2009 U.N. estimate, its 
prevalence was approximately 20 percent for girls. It was pervasive in 
the coastal areas, where it was perpetrated on infants less than 40 
days old. Although government health workers and officials discouraged 
the practice, women's groups reported FGM rates as high as 90 percent 
in some coastal areas, such as Mahara and Hudeidah. The Women's 
National Committee and the Ministry of Endowments and Religious 
Guidance provided a manual for religious leaders on women's health 
issues, including the negative health consequences of FGM.

    Sexual Harassment.--The extent, as well as a legal definition 
within the local context, of sexual harassment was difficult to 
determine, although direct observation and very infrequent media 
reports suggested it occurred both in the workplace and in the streets. 
No specific laws prohibit sexual harassment. There were anecdotal 
reports of men accused of sexual harassment being transferred to other 
offices to prevent further incidents. Regime elements targeted female 
protesters and accused them of being ``unfeminine'' and ``un-Islamic.''

    Sex Tourism.--No laws specifically address sex tourism from outside 
the country, but it was a problem, particularly in Aden and Sana'a. 
Reportedly, some elements of the MOI and PSO reporting to the president 
unofficially facilitated it through corruption for financial gain, 
although the MOI attempted to stop the use of ``temporary marriage'' 
provisions of Islamic law as a vehicle for sex tourism (see section 
1.f.).

    Reproductive Rights.--There were no reports of government 
interference in the right of couples and individuals to decide freely 
and responsibly the number, spacing, and timing of children. However, 
societal pressure, women's lack of education, and the young age of 
marriage for many women and girls meant that many women in reality had 
little to no control over reproduction. Decisions regarding access to 
contraceptives, family size, and procedures involving reproductive and 
fertility treatments required the consent of both husband and wife. It 
was technically illegal for single women to access contraception, but 
if a particular contraceptive (such as the pill) has another medical 
use, it can be used. The information and means to make those decisions 
were freely available in cities, although contraception, obstetric 
care, and postpartum care were too costly for much of the population. 
Most women gave birth at home without skilled attendance and did not 
see a doctor during their pregnancies or after delivery. According to 
the latest available U.N. statistics, there were approximately 210 
maternal deaths per 100,000 live births in the country in 2008. 
Information was not available regarding women's equal diagnosis and 
treatment of sexually transmitted infections.

    Discrimination.--Women do not enjoy the same legal status as men 
under family law, property law, inheritance law, and in the judicial 
system. They experienced discrimination in such areas as employment, 
credit, pay, owning or managing businesses, education, and housing. 
This discrimination was accentuated by the 65 percent female illiteracy 
rate.
    Women faced discrimination under family law and inheritance law. 
Courts awarded custody of children to the divorced husband or the 
deceased husband's family when they attained a specified age (seven 
years for boys and nine years for girls). In numerous cases former 
husbands prevented divorced noncitizen women from visiting their 
children. Under Sharia inheritance laws, which assumes women will 
receive support from their husbands, daughters receive half the 
inheritance awarded to their brothers.
    Women also faced discrimination in courts, where the testimony of 
one man equals that of two women. Sharia discriminates against women in 
calculating accidental death or injury compensation; women receive 50 
percent of what men receive. Female parties in court proceedings such 
as divorce and family law cases normally deputized male relatives to 
speak on their behalf; however, they have the option to speak for 
themselves.
    A husband may divorce a wife without justifying the action in 
court. Under the formal court system, a woman must provide a 
justification. However, under tribal customary law, a woman has the 
right to divorce without justification.
    Some interpretations of Sharia in the country prohibit a Muslim 
woman from marrying a non-Muslim man, although other interpretations 
permit marrying a Christian or Jewish man. A Muslim man is allowed to 
marry a non-Muslim woman. Women may only confer citizenship on their 
foreign-born spouses after the foreigner has resided in the country for 
15 years. The foreign wife of a male citizen must remain in the country 
for two years to obtain a residency permit.
    Any citizen who wishes to marry a foreigner must obtain the 
permission of the Ministry of Interior. A woman wishing to marry a 
foreigner must present proof of her parents' approval. A foreign woman 
who wishes to marry a male citizen must prove to the ministry that she 
is ``of good conduct and behavior.'' A close male relative has the 
authority to approve a female citizen's travel (see section 2.d.).
    Women experienced economic discrimination. The law stipulates women 
are equal to men in employment rights, but women's rights activists and 
NGOs reported that discrimination was a common practice in the public 
and private sectors. Women's unemployment rate was nearly four times 
that of men, women's wages were on average one-fifth those of men, and 
women were largely excluded from the professions.
    Cultural barriers also restricted the exercise of women's property 
rights. In most rural areas, social norms largely prevented women from 
owning land. Cultural barriers also restricted women's access to formal 
credit.
    Governmental mechanisms to enforce equal protection were weak or 
nonexistent.
    According to the Ministry of Social and Labor Affairs (MSAL), more 
than 170 NGOs worked for women's advancement. The Arab Sisters Forum 
for Human Rights worked with other NGOs, the government, and donor 
countries to strengthen women's political participation. The Yemeni 
Women's Union and Women's National Committee conducted workshops on 
women's rights. The Arab Sisters Forum, with funding from a donor 
government and in cooperation with the MSAL, established projects aimed 
at providing protection against violence for women and children.

    Children.--Birth Registration.--Citizenship is derived from one's 
parents. A child of a Yemeni father is a citizen. Women may confer 
citizenship on children born of a foreign-born father if the child is 
born in Yemen. Women do not have the right to confer citizenship on 
their foreign-born spouses. Although the Ministry of Interior may 
permit a woman to confer citizenship on a child of a foreign-born 
father if the child was born abroad and the father died or abandoned 
the child, such citizenship was rarely granted.
    There was no universal birth registration, and many children, 
especially in rural areas, were never registered or were registered 
several years after birth. The requirement that children must have 
birth certificates to register for school was not universally enforced. 
There were no other reports of services being denied to children based 
on lack of registration. The lack of birth registration compounded 
difficulties in proving age, which led to minors being recruited into 
the military, and juveniles being tried and sentenced as adults, 
including receiving the death penalty.

    Education.--The law provides for universal, compulsory, and 
tuition-free education from age six to 15. Public schooling was 
available to children through the secondary school level. Although 
attendance was mandatory through the ninth grade, only 79 percent of 
boys and 66 percent of girls attended primary school. The gender gap 
was larger for secondary and postsecondary schooling, with 21 percent 
of girls attending secondary school and only 6 percent going on to 
postsecondary education.

    Medical Care.--Due to societal discrimination, male children 
received preferential medical treatment.

    Child Abuse.--The law does not define or prohibit child abuse, and 
there was no reliable data on its extent.


    Child Marriage.--There was no minimum age of marriage, and girls 
were married as young as eight years of age. The law has a provision 
that forbids sex with underage brides until they are ``suitable for 
sexual intercourse,'' an age that is undefined. According to a 2009 
MSAL study, a quarter of all girls were married before they were 15 
years old. The problem of child marriage was politically contentious, 
and, according to the ministry, the government did not promote public 
awareness campaigns on the negative effects of child marriage A 2009 
law setting the minimum age for marriage at age 17 was repealed in 2010 
due to pressure from traditional elements of society.

    Sexual Exploitation of Children.--No law defines statutory rape, 
and no legal limits are placed on the age for consensual sex. The law 
prohibits pornography, including child pornography. There were reports 
that underage girls were coerced into prostitution in major cities, 
particularly in Aden and Sana'a. The practice of foreigners visiting 
the country to enter short-term marriages with underage Yemeni girls 
was also reported.

    Child Soldiers.--Reports of child soldiers increased in a number of 
armed conflicts across the country (see section 1.g.). The use of child 
soldiers is forbidden by law, and the government opposed the practice 
as a matter of policy. However, tribes the government armed and 
financed to fight alongside the regular army used children in combat, 
according to reports by international NGOs such as Save the Children.
    Married boys, ages 12 to 15 years, were reportedly involved in 
armed conflicts in the northern tribal areas. According to tribal 
custom, boys who married were considered adults who owed allegiance to 
the tribe. As a result half of the tribal fighters in such conflicts 
were children who had volunteered to demonstrate their tribal 
allegiance, according to international and local human rights NGOs.

    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 government's stated policy was to protect the 
country's Jewish community, which numbered fewer than 250 citizens. 
Members of the Jewish community are not eligible to serve in the 
military or federal government.
    Although anti-Semitic material rarely appeared in mainstream media, 
in the March 5 October 14 daily newspaper in Aden, columnist `Alawi 
Abdallah Taher accused Jews of instigating the uprisings in the Arab 
world, based on instructions written in the forged and discredited 
Protocols of the Elders of Zion.
    The historic Sa'ada community of 58 Jews, which relocated to Sana'a 
in 2007 after Houthi threatened it, remained under government 
sponsorship and continued to receive government stipends.

    Trafficking in Persons.--See the Department of State's Trafficking 
in Persons Report at www.state.gov/j/tip.

    Persons With Disabilities.--Several laws mandate the rights and 
care of persons with disabilities, but there was discrimination against 
such persons. No law mandates accessibility of buildings, information, 
and communications for persons with disabilities.
    Information about patterns of abuse of persons with disabilities in 
educational and mental health institutions was not available.
    Authorities imprisoned persons with mental disabilities without 
providing adequate medical care. According to the Ministry of Human 
Rights, nurses and doctors watched the inmates. In some instances 
authorities detained without charge persons with mental disabilities 
and placed them in prisons with criminals. The MOI reported that at 
times family members brought relatives with mental disabilities to MOI-
run prisons, asking officers to imprison the individuals. At year's end 
MOI-run prisons in Sana'a, Aden, and Ta'iz operated in conjunction with 
the Red Crescent semiautonomous units for prisoners with mental 
disabilities; conditions in these units reportedly were deficient. At 
year's end neither the MOI nor Ministry of Health had acted on a 2005 
MOI initiative to establish centers for persons with mental illness.
    The MSAL is responsible for protecting the rights of persons with 
disabilities. The government's Social Fund for Development and the Fund 
for the Care and Rehabilitation of the Disabled, administered by the 
MSAL, provided limited basic services and supported more than 60 NGOs 
to assist persons with disabilities.
    By law, 5 percent of government jobs should be reserved for persons 
with disabilities, and the law mandates the acceptance of persons with 
disabilities in universities, exempts them from paying tuition, and 
requires that schools be made more accessible to persons with 
disabilities. It was unclear to what extent these laws were 
implemented.

    National/Racial/Ethnic Minorities.--Although racial discrimination 
is illegal, racial and societal discrimination against the Akhdam (an 
estimated 2-5 percent of the population) was a problem. The Akhdam 
generally lived in poverty and endured persistent social 
discrimination. According to a 2009 study by the NGO Save the Children, 
the Akhdam community, an ethnic minority descended from East Africans, 
was the social group most vulnerable to discrimination. The 
government's social fund for development provided basic services to 
assist them.

    Societal Abuses, Discrimination, and Acts of Violence Based on 
Sexual Orientation and Gender Identity.--Consensual same-sex sexual 
activity is a crime punishable by death under the country's 
interpretation of Islamic law. Due to the illegality and possibly 
severe punishment for homosexuality, there were no lesbian, gay, 
bisexual, or transgender (LGBT) persons' organizations. There were no 
reports of official or societal discrimination, physical violence, or 
harassment based on sexual orientation or gender identity, and there 
was no official discrimination based on sexual orientation or gender 
identity in employment, housing, statelessness, or access to education 
or health care, largely because, since same-sex sexual activity is 
illegal, LGBT issues were not considered ``relevant'' for official 
reporting by the government. Few LGBT persons were open about their 
sexual orientation or gender identity.

    Other Societal Violence or Discrimination.--There was no societal 
violence or public reports of discrimination against persons with HIV/
AIDS; however, the topic was socially sensitive and not discussed 
publicly.
Section 7. Worker Rights
    a. Freedom of Association and the Right to Collective Bargaining.--
The labor code provides for the right to organize and bargain 
collectively without government interference; however, these 
protections do not apply to the majority of the workforce, as the labor 
code does not apply to public servants, day laborers, domestic 
servants, foreign workers, and other groups. The law generally protects 
employees from antiunion discrimination and prohibits dismissal for 
union activities.
    Unions may negotiate wage settlements for their members and may 
conduct strikes or other actions to achieve their demands. There are 
significant restrictions on the right to strike and excessive 
requirements for legal strikes. Workers have the right to strike only 
if prior attempts at negotiation and arbitration fail; they must give 
advance notice to the employer and government and receive prior written 
approval from the executive office of the General Federation of Unions 
of the Republic.
    Employees may appeal any dispute, including cases of antiunion 
discrimination, to the Ministry of Social and Labor Affairs. Employees 
also may take a case to the labor arbitration committee, which the 
ministry chairs, composed of an employer representative and a General 
Federation of the Yemeni Workers' Trade Unions (GFYWTU) representative. 
Generally, parties preferred to resolve cases via the committee system, 
since court proceedings are costly and the system is often corrupt.
    Public sector employees must take labor grievances to court.
    Although not required by law, in practice all unions are federated 
within the GFYWTU). Although not formally affiliated with the 
government, it is the only official federation and works closely with 
the government to resolve labor disputes through negotiation.
    Freedom of association and the right to collective bargaining were 
not respected in practice. The government interfered in union 
activities. Ministry of Social Affairs and Labor bylaws require that 
union elections take place at least every three years, with ministry 
officials present as witnesses. The ministry also has veto power over 
collective bargaining agreements.
    The government at times sought to influence unions by placing its 
own personnel inside groups and organizations. In some instances 
political parties attempted to control professional associations by 
influencing internal elections or placing their own personnel, usually 
tied to the government, in positions of influence in unions and 
professional associations. ]
    In reality a union's ability to strike depended on its political 
strength and closeness to the ruling party.
    The majority of employers in the private sector register only five 
to 10 employees, which allowed them to avoid many social security and 
labor union regulations. Fewer than 100,000 employees worked for 
companies with more than 100 employees, making it difficult for the 
vast majority of workers to enjoy union protection and benefits.

    b. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, including by children; 
however, the government did not effectively enforce such laws, and 
there were reports of such practices (see section 7.c., Prohibition of 
Child Labor). In some instances children were forced into domestic 
servitude and agricultural work, women were forced into domestic 
servitude or prostitution, and migrant workers were vulnerable to 
forced labor conditions.
    See also 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 rights law prohibits child labor; however, the government did not 
effectively implement the law, and there were inconsistencies in the 
law with regard to minimum age for work and hazardous work.
    All child labor under the age of 14 is illegal under the National 
Rights of the Child Law. Under the law children ages 14 to 18 may work 
under formal contracts for no longer than six hours a day, with a one 
hour break after four consecutive work hours, on weekdays between 7 
a.m. and 7 p.m. Children under age 18 are prohibited from engaging in 
hazardous forms of work based upon work conditions and health 
circumstances, rather than by specific sectors or industries.
    The child labor unit at the ministry was responsible for 
implementing and enforcing child labor laws and regulations; however, 
the unit's lack of resources hampered enforcement. Due to limited 
resources and the security situation, child labor inspectors were 
unable to travel to conduct their work during the year.
    Although penalties exist to punish the worst forms of child labor, 
the government made minimal enforcement efforts. The ministry has 
trained safety inspectors to work also as child labor inspectors, 
raising the total number of inspectors to 57. Reportedly, most cases 
were resolved between inspectors and employers with a verbal warning if 
child labor violations were found.
    The child labor unit at the ministry was responsible for 
implementing and enforcing child labor laws and regulations; however, 
extensive ministerial budget cuts reduced the unit's resources and 
hampered enforcement. There was no available information on the number 
of arrests, investigations, and prosecutions for offences related to 
the worst forms of child labor.
    Child labor was common, including in its worst forms. As of 2009 
the U.N. estimated approximately 23 percent of children between the 
ages of five and 14 worked.
    Approximately 52 percent of boys between the ages of 10 and 14 were 
in the workforce, compared to 48 percent of girls in the same age 
group. An estimated 83 percent of working children (including street 
beggars) worked for their families, and 17 percent worked outside the 
family. In rural areas many children were required to work in 
subsistence farming due to family poverty. In urban areas children 
worked in stores and workshops, sold goods, and begged on the streets. 
Many children of school age worked instead of attending school, 
particularly in areas where schools were not easily accessible. 
According to the MSAL, small factories and shops, particularly in rural 
areas, employed children outside the family.
    Children also reportedly worked in dangerous conditions in 
construction, off-shore fishing, mining, and waste dumps.
    Also see the Department of Labor's Findings on the Worst Forms of 
Child Labor at www.dol.gov/ilab/programs/ocft/tda/htm and the 
Department of State's Trafficking in Persons Report at www.state.gov/j/
tip.

    d. Acceptable Conditions of Work.--There was no established minimum 
wage. The labor law provides equal wages for public sector workers 
working in joint ventures between the government and the private sector 
and in parastatals and civil servants hired by the Ministry of Civil 
Service. Private sector workers, especially skilled technicians, earn a 
higher wage. During the year the minimum civil service wage fell below 
the country's poverty level, below which, according to the World Bank, 
an estimated 60 percent of the population lived.
    The law specifies a maximum 48-hour workweek with a maximum eight-
hour workday; however, many workshops and stores operated 10- to 12-
hour shifts without penalty. The 35-hour workweek for government 
employees was seven hours per day from Saturday through Wednesday.
    The Ministry of Social Affairs and Labor is responsible for 
regulating workplace health and safety conditions. The labor law 
regulates occupational health. However, enforcement was weak to 
nonexistent due to lack of capacity and constrained resources. The 
ministry's vocational safety department relied on inspection committees 
to conduct primary and periodic investigations of safety and health 
conditions in workplaces. Such committees, however, were also 
constrained by a lack of funding and resources, such as vehicles for 
committee members to travel to factories for inspections. Some foreign-
owned companies and major manufacturers have implemented higher health, 
safety, and environmental standards than the government required. 
Workers have the right to remove themselves from dangerous work 
situations and may challenge such dismissals in court, but there were 
no reported instances during the year.

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